SIGNAGE
A.
Scope.
1.
The provisions of this article shall govern the number, size, location, and character of all signs which may be permitted either as a main or accessory use under the terms of this article. No signs shall be permitted on a plot or parcel either as a main or accessory use except in accordance with the provisions of this article.
2.
This article does not regulate government signs on government property, including, but not limited to, city signs on property owned by the city, the county or the State of Florida, and traffic control devices.
3.
In the event of any conflict between this article and any declaration of covenants, bylaws, or other restrictions applying to any property within the city, the language affording the more restrictive interpretation shall apply.
4.
The city specifically finds that these sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the city to further these interests.
B.
Purpose.
1.
Florida Constitution. Article II, Section 7 of the Florida Constitution provides that "[i]t shall be the policy of the state to conserve and protect its natural resources and scenic beauty…" A beautiful environment preserves and enhances the desirability of the city as a place to live and to do business. Implementing the Florida Constitution is a compelling governmental interest.
2.
Florida Statutes. Florida law require cities to adopt comprehensive plans and implement them through land development regulations (also known as zoning regulations) and approval of development orders that are consistent with the comprehensive plan. See F.S. ch. 163, pt. II. Florida law specifically requires that the city adopt sign regulations. See F.S. 163.3202(2)(f). Complying with state law is a compelling governmental interest.
3.
City comprehensive plan. The city's comprehensive plan has numerous provisions that require the city to ensure the aesthetic character of the city and to ensure traffic safety on roads within the city through the regulation of signs, as set forth in detail below. Implementing the city comprehensive plan is a compelling governmental interest.
a.
City comprehensive plan elements. The existing land use conditions in the city are described in the city's comprehensive plan as follows: "Parkland is largely residential in nature with some commercial development along SR 7/US 441 and near the old City Hall site (located on Parkside Drive). The City is characterized by its semirural, upscale single-family neighborhoods and comparatively high average income and home values." According to the transportation element, "Growth and Development Activity," the city "is an upscale residential community with small scale commercial villages located in the northwest corner of Broward County. The City is made up of approximately 11.14 square miles, which is primarily residential with a few small areas of institutional, commercial and agricultural land uses scattered throughout… Due to the semi-isolated location of the City in proximity to the surrounding roadway network, through traffic has been and will continue to be discouraged while the mobility of City residents is promoted." The city also provides for the non-vehicular transportation needs of its residents and visitors, as described in "existing pedestrian, bicycle and horse facilities," "Schools, libraries, parks, shopping places, employment centers, and bus stops often generate pedestrian and bicyclist traffic. To maintain the mobility of a multimodal transportation system, it is important that the City of Parkland have a well-connected system for pedestrians, bicycles and horses, along with the existing roadway system. The City of Parkland is working to develop and maintain a thorough network of multi-use trails that serve pedestrians, bicyclists and horses. The multi-use trails are essentially six-foot wide, paved, meandering trails, which are set back a substantial distance from vehicular roadways. The city plans to expand and maintain the multi-use trail system throughout the city. The existing multi-use trail system is shown on Map 3-8."
b.
City comprehensive plan goals, objectives and policies. Several goals, objectives and policies of the city's comprehensive plan require the city to maintain its scenic beauty and traffic safety through its land development regulations and actions:
GOAL I. Growth And Development In Parkland Should Be Planned To Achieve A Quality Community Which Is Sensitive To The Uniqueness Of The City's Environment, Continues The City's Semi-Rural Character, And Yet Provides For The Full Needs Of Its Residents.
Objective 1.1: Future growth and development will be managed through the implementation and enforcement of land development regulations in accordance with Chapter 163 F.S. Annually, review development permits to determine if those permits and their effects on the City's infrastructure are consistent with policies 1.1.1 through 1.1.3.
Policy 1.1.1: Land development regulations will, at a minimum: …
f)
Regulate signage; …
Policy 1.1.4: The City shall ensure that all new development is compatible with the character of the City and with adjacent zoning, development and uses, and issue no development orders or permits deemed to be incompatible with the character of the City and with adjacent zoning, development and uses.
Policy 1.1.5: The City shall establish a policy framework/foundation upon which land development regulations addressing signage may be based by December 2008.
Objective 1.3: The City will ensure that land uses found to be inconsistent with the Community's character will not be permitted. Annually, review development within the City to determine any uses or development inconsistent with the community's character.
Policy 1.3.3: Commercial development should emphasize planning of the total site as a whole in a cohesive form and linear or strip commercial sites will not be allowed. All commercial development shall be consistent with the architectural standards adopted by the City and shall be designed so as to be compatible with neighboring uses, developments, land uses and zoning.
Policy 1.3.10: Preserve the character of existing residential neighborhoods: the BBB Ranches, Pine Tree Estates, Cypress Head, Country's Point, Riverside Acres and Cypress Trails, and all new developments.
Policy 1.3.14: The City's Land Development Codes and Regulations shall protect existing and planned residential areas including single-family neighborhoods, from disruptive land uses and nuisances.
Policy 1.7.4: The City shall review for and require development which will maintain and facilitate a park like setting when appropriately designating land use categories or reviewing for land development permits.
Policy 1.7.5: The City shall implement Land Development Regulations which require all non-single-family residential development and all non-residential developments to be designed in a park-like setting.
Policy 2.3.5: Principles and criteria for guiding the location of special residential housing shall include compatibility of housing with surrounding residential or non-residential uses, proper access to the site to ensure the adequacy of existing or proposed road systems, aesthetic controls of both signage and architecture to alleviate negative inconsistency impacts upon adjacent areas, security concerns of the proposed facilities, proper buffering through site plan review based on the traffic intensity of the activities at the facility, and proximity guidelines to ensure adequate distances between facilities.
GOAL 3: A Safe, Convenient And Efficient Motorized And Non-Motorized Transportation System Shall Be Available For All Residents And Visitors To The City, Which Minimizes Through Traffic Within The City And Does Not Negatively Impact Residential Development.
Objective 3.1: The City's transportation system will emphasize safety, efficiency and aesthetics and protection of residential areas.
Policy 3.1.4: The City shall adopt and enforce criteria for landscaping and signs along roadways. All roadways adjacent to residential development shall be heavily buffered.
Objective 3.5: The City will utilize all possible methods to discourage and prevent external traffic flow through the City, through Holmberg Road, or Riverside Drive. Holmberg Road shall remain a local two lane road whose primary aim will be to serve the residents of the City. All attempts to widen Holmberg Road shall be discouraged and resisted. Vehicular use of Riverside Drive shall terminate at Holmberg Road and Riverside Drive shall remain a four lane road. All attempts to widen or extend Riverside Drive as a vehicular thoroughfare north of Holmberg Road shall be discouraged and resisted. Consider right-of-way north of Holmberg Road in the former Riverside Drive extension for use as non-vehicular recreational thoroughfare. Annually, review the transportation system to determine if any actions have been approved which promote through traffic within the City.
Policy 8.1.26: To enhance its rural image and flavor, the City shall consider the adoption and implementation of a uniform signage plan for all City parks, recreation facilities, and multipurpose trails.
4.
Caselaw. In accordance with the U.S. Supreme Court's cases on sign regulation, the regulations in this article 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 adversely affect the City's substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but are not limited to:
a.
Reed v. Town of Gilbert, ___U.S.___, 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015) on the topic on noncommercial temporary signs;
b.
Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs and off-premise signs;
c.
City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential areas;
d.
Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in residential areas;
e.
Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places;
f.
Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of regulation of commercial speech; and
g.
City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public property.
5.
Impact of sign clutter. Excessive signage and sign clutter impairs the legibility of the environment, and undermines the effectiveness of governmental signs, traffic control devices and other required signs (such as nameplate sign, noncommercial onsite directional sign, identification sign, onsite or on-premises wayfinding sign, and warning sign) that are essential to identifying locations for the delivery of emergency services and other compelling governmental purposes. The intent of these sign regulations is to enhance the visual environment of the city, ensure that city residents and visitors can safely navigate through the city to their intended destinations, and promote the continued well-being of the city. It is therefore the purpose of this article to promote aesthetics and the public health, safety and general welfare, and assure the adequate provision of light and air within the city through reasonable, consistent and nondiscriminatory standards for the posting, displaying, erection, use, and maintenance of signs that are no more restrictive than necessary to achieve these governmental interests.
6.
Specific legislative intent. More specifically, the sign regulations in this article are intended to:
a.
Encourage the effective use of signs as a means of communication in the City;
b.
Maintain and enhance the scenic beauty of the aesthetic environment and the city's ability to attract sources of economic development and growth;
c.
Ensure pedestrian and traffic safety;
d.
Minimize the possible adverse effect of signs on nearby public and private property;
e.
Foster the integration of signage with architectural and landscape designs;
f.
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive area of signs which compete for the attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding;
g.
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
h.
Encourage and allow signs that are appropriate to the zoning district in which they are located, consistent with and serving the needs of the land uses, activities and functions to which they pertain;
i.
Curtail the size and number of signs to the minimum reasonably necessary to identify a residential or business location, and the nature of such use, and to allow smooth navigation to these locations;
j.
Establish dimensional limits and placement criteria for signs that are legible and proportional to the size of the lot and building on which the sign is to be placed, or to which it pertains;
k.
Regulate signs so that they are effective in performing the function of identifying and safely directing pedestrian and vehicular traffic to a destination;
l.
Preclude signs from conflicting with the principal permitted use of the lot and adjoining lots;
m.
Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians;
n.
Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
o.
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts of the city;
p.
Allow for traffic control devices and government signs without regulation consistent with national standards, because they promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and by notifying road users of regulations and providing nationally consistent warnings and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream and modes of travel, while regulating private signs to ensure that their size, location and other attributes do not impair the effectiveness of such traffic control devices;
q.
Protect property values by precluding, to the maximum extent possible, signs that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
r.
Protect property values by ensuring that the size, number and appearance of signs are in harmony with buildings, neighborhoods, structures, and conforming signs in the area;
s.
Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the city and that complements the natural surroundings in recognition of this city's reliance on its natural surroundings and beautification efforts as a source of economic advantage as an attractive place to live and work;
t.
Classify and categorize signs by type;
u.
Not regulate signs more than necessary to accomplish the compelling and substantial governmental objectives described herein; and
v.
Enable the fair and consistent enforcement of these sign regulations.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Terms defined. For the purposes of this article, the following words and phrases shall have the meanings herein set forth. Any term that is used in this article and not defined herein shall have the meaning given to it by section 22-4 [5-3530] of this chapter:
Abandoned or discontinued sign or sign structure. A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six (6) months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (i) a sign displaying advertising for a product or service which is no longer available or displaying advertising for or identification of a business which is no longer licensed, or (ii) a sign which is blank.
Advertise or advertising means 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.
Animated sign means a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, or emits smells or noises.
Awning means a roof-like cover, often made of fabric, metal or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like.
Banner means a sign that cannot be considered a flag, having characters, letters or illustrations, if any, applied to cloth, paper, plastic, or fabric of any kind, with only such material for backing.
Billboard means a structure utilized for advertising a commercial establishment, activity, product, service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located.
Box sign means a sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device.
Cabinet sign means a sign with text or symbols printed on a plastic or acrylic sheet that is mounted on a cabinet or box that houses the lighting source and equipment. It excludes a monument sign that may include replaceable panels.
Changeable copy sign means a sign that is designed so that characters, letters or illustrations can be changed or rearranged manually or electronically without altering the face or the surface of the sign. A changeable copy sign is not an animated sign.
Commercial message means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
Copy means the linguistic or graphic elements of a sign.
Entrance wall feature means a freestanding, decorative wall constructed of masonry, stone or other material approved by the city commission that is integrated into the landscape alongside a vehicular entrance to a development to bring attention to the entrance. An entrance wall feature does not function as a barrier or screen.
Flag means any fabric or bunting containing distinctive colors, patterns, or symbols, used as the symbol of a government, political subdivision, or other entity.
Flashing sign means a sign which permits lights to be turned on or off intermittently more frequently than once per minute.
Footcandle means the unit of measure expressing the quantity of light received on a surface. One (1) footcandle is the illuminance produced by a candle on a surface one (1) foot square from a distance of one (1) foot.
Footlambert means the centimeter gram second unit of brightness equal to the brightness of a perfectly diffused surface that radiates or reflects one (1) lumen per square centimeter.
Freestanding sign means a self-supported structure attached to the ground, and not attached or fixed in any way to a building, entrance wall feature, or any other structure.
Graphic element means a letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof.
Identification sign means a sign used to identify the name of a residential subdivision, or nonresidential development, business, organization or other nonresidential occupant of a premises, and the street address. Identification signs are not used to advertise services and goods provided.
Illuminated sign means any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not the lights or tubes are physically attached to the sign.
Internal illumination means a light source concealed or contained within the sign which becomes visible by shining through a translucent surface.
Marquee sign means a sign attached to or hung from a canopy or covered structure projecting from, and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.
Master development plan means a complete and exact plan for the development of property which shall indicate existing site features, existing roadways, location, type and intensity of land uses, interior vehicular circulation system and designation for common open space, recreational and similar areas.
Master-planned residential development means any residential development for which the city commission has approved a master site plan or master development plan, or which otherwise has common areas that are owned, managed and maintained under unified control.
Monument sign means a permanent freestanding sign with a supporting structure that is architecturally and aesthetically integrated into the overall design of the sign.
Nameplate sign means a sign indicating the name or address or both of a person or persons residing on the premises, or legally occupying the premises. A nameplate sign for a premises in a nonresidential, nonagricultural district may also indicate the use located at the premises.
Noncommercial message means any message which is not a commercial message.
Noncommercial on-site directional sign means an on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., "entrance," "exit," "caution," "no parking," "one-way only," "no trespassing," and the like.
Nonconforming sign means a sign or advertising structure existing within the city limits on the date the ordinance from which this chapter derived became effective or a sign or advertising structure existing in an area annexed to the city after the above effective date which by its height, type, material, square foot area, location, use, or structural support does not conform to the requirements of this chapter.
Off-site or off-premises means objects that are not located on-site or on-premises.
On-site or on-premises means objects located within the bounds of the relevant property or building, including any appurtenant sidewalks, walkways, patios, and landscaped areas.
On-site or on-premises wayfinding sign means:
(i)
A sign typically located along a vehicular entranceway, sidewalk or walkway within a commercial development, which identifies businesses in said development; and
(ii)
A sign located along a street or pedestrian path within a master-planned residential development, which identifies the location of neighborhoods and major amenity areas within the development.
Permanent sign means any sign which, when installed, is intended for permanent use. For the purposes of this chapter any sign with an intended use in excess of twelve (12) months from the date of installation shall be deemed a permanent sign.
Pole sign means a permanent ground sign with a visible support structure, such that the sign face and support structure do not appear as one (1) solid monolithic appearance, or otherwise having a support structure that is not architecturally integrated into the overall design of the sign, but not including a flag on a flagpole.
Projecting sign means a sign attached to and supported by a building or other structure and which extends at any angle and projects not more than eighteen (18) inches from the structure upon which it is constructed or attached. Projecting sign shall not be interpreted to include an "under-canopy sign".
Real estate sign means a temporary sign erected by the owner, or his agent, indicating real property which is for rent, sale or lease.
Revolving or rotating sign means any sign that revolves or rotates.
Roof sign means a sign erected over or on the roof, extending above the roofline, which is dependent upon the roof, parapet or upper walls of any building for support.
Sandwich-type sign means a movable sign not secured or attached to the ground.
Sign means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public. Also, the above, when inside of a building in such a way as to be in view of the general public through a window or door from an abutting collector or arterial roadway and used or intended to be used to attract attention or convey information. This term shall not be interpreted to include traffic control device signs.
Sign area means the area enclosed within the smallest regular geometric figure needed to completely encompass all letters, insignias or symbols of the sign, including horizontal spacing between letters.
Sign face means the part of the sign that is or can be used for communication purposes.
Sign painting means the act of taking a specific kind of brush, and with various kinds of paint, and applying it to a two- or three-dimensional surface creating letters, forms and/or symbols.
Snipe sign means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes or fences, or to other objects with the message appearing thereon not applicable to the present uses of the premises or structures upon which such sign is located.
Temporary sign means any sign intended for use not permanent in nature. For the purposes of this chapter, any sign with an intended use of twelve (12) months or less shall be deemed a temporary sign.
Thoroughfare, primary means any of the following roads within the City of Parkland: State Road 7; Pine Island Road; University Drive; Nob Hill Road; Hillsboro Boulevard; and Lox Road.
Thoroughfare, secondary means any of the following roads within the City of Parkland; Holmberg Road; Trails End; and Parkside Drive.
Traffic control device sign or traffic control device means any sign located within the right-of-way and that is used as a traffic control device and described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administration as the National Standard and as may be revised from time to time. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.)), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). See City of Parkland's Standard Signing and Striping Details Manual, Sheets 1 through 3 for specific signs and regulatory pavement markings. These devices are not regulated as signs under this article.
Under-canopy sign means a sign suspended beneath an awning, canopy, ceiling, roof or marquee.
Uniform sign program or plan means a comprehensive set of regulations and restrictions governing the location, number, type, size, height, color, and style of signs in a commercial development.
Vehicle sign means a sign that is temporarily or permanently affixed to a vehicle, whether parked or in transit, that is used primarily for advertising. Such a sign on a vehicle that is regularly used in the conduct of the business or endeavor advertised on the vehicle, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle sign under this definition.
Wall sign means a sign which is approximately parallel to and supported by any wall or other enclosure.
Private warning sign means a sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
Wind sign means a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind. This shall include pennants, ribbons, spinners, streamers or captive balloons, but shall not include a flag on an allowed flagpole or mounted at the entrance of a building.
Window sign means a sign located on a window or within a building or other enclosed structure which is visible from the exterior through a window or other opening.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 2, 4-6-2023)
If any nonconforming sign is damaged by any cause or is otherwise in need of repair to such an extent that the cost of repairing the sign is equal to fifty (50) percent or more of the original cost of the sign, then its classification as a "nonconforming" sign under this section shall be automatically revoked and the sign shall either be removed or repairs shall be made to the sign so that the sign shall meet all the requirements of this article.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Notwithstanding anything to the contrary contained in this article, any sign permitted by this Code may be permitted to substitute or change the lettering on said sign face to convey noncommercial messages as often as the person owning or in control of the sign wishes, provided that all other criteria of this Code relating to design criteria, size, setbacks, etc., are satisfied.
B.
Notwithstanding anything to the contrary contained in this article, no sign or sign structure shall be subject to any limitation based solely upon the content of the message contained on such sign or displayed on such sign structure.
(Ord. No. 2015-18, § 2, 11-18-2015)
Any sign found posted or otherwise affixed upon any public property contrary to the provisions of this article shall be removed by the department of public works or public safety department. The person responsible for any such posting shall be liable for the cost incurred in the removal thereof, and the city is authorized to effect the collection of said cost.
The following are those signs which are prohibited and which shall not be installed or displayed within the municipal limits of the city:
A.
Animated signs.
B.
Permanent sandwich-type signs.
C.
Snipe signs.
D.
Permanent banner signs.
E.
Exposed neon tubes or bare bulb signs placed in geometric forms to outline structures, roofs, windows or doors in such a manner as to attract attention.
F.
Permanent signs illuminated from outside the boundaries of the sign, where the bulb or other source of light within any lighting fixture is visible from any abutting right-of-way or any adjacent property, or otherwise not shielded, designed, oriented or a combination of these as appropriate to obscure the light source from view and minimize glare.
G.
Roof signs.
H.
Billboards.
I.
Box or cabinet signs.
J.
Vehicle signs with a total sign area on any vehicle in excess of ten (10) square feet, when the vehicle:
1.
Is parked for more than sixty (60) consecutive minutes within one hundred (100) feet of any street right-of-way;
2.
Is visible from the street right-of-way that the vehicle is within one hundred (100) feet of.
K.
Projecting signs.
L.
Pole signs.
M.
Painted wall signs and any signs not conforming to the size limitations in section 100-1530, permanent signs: location, or the other applicable standards of this article.
N.
Flashing signs.
O.
Any sign located in a sight visibility triangle.
P.
Off-premises signs.
Q.
Abandoned signs.
R.
Wind signs.
S.
Inflatable balloons displaying advertising.
T.
Revolving or rotating signs.
U.
Signs that emit audible sound, odor, or visible matter, such as smoke or steam.
V.
Signs that cover, interrupt or disrupt the major architectural features of a building.
W.
Signs that resemble any official sign or marker erected by any governmental agency, the position, shape or color of which would conflict with the proper functioning of any traffic sign or signal, or the size, location, movement, color or illumination of which may be reasonably confused with, construed as, or conceal a traffic control device, thereby creating a safety hazard.
X.
Words and symbols associated with traffic control on signs that are not traffic control devices and that interfere with, mislead or confuse traffic, such as, but not limited to, "stop," "look," "caution," "danger" or "slow," thereby creating a safety hazard.
Y.
All other signs that are not specifically permitted or exempted in this sign code.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Due to the diversity of the city, it is recognized that the regulations provided herein cannot address all situations pertaining to signs. The city commission is therefore empowered to grant variances from the provisions of this article upon petition filed with the city manager's office after recommendation by the planning and zoning board.
B.
A variance to this article may be granted as to the physical characteristics of a sign where the variance is not contrary to the public interest; and, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship; however, no variance shall be granted by the city commission which has the effect of allowing a sign prohibited by section 100-550.
C.
Each petition shall include a fee as adopted by resolution of the city commission for administrative expenses incurred in the processing of the petition, shall be in writing, and shall state with specificity the grounds upon which the petitioner bases his claim upon which the variance has been requested.
D.
Within fifteen (15) days following the receipt of the written petition for a variance and the payment of the fee, the city manager or his/her designee shall determine whether the petition is complete, or shall return an incomplete petition to the applicant. Upon each resubmittal of a corrected petition, the city manager or his/her designee shall have ten (10) days to determine whether the petition is complete. This process shall continue until the applicant has submitted a complete application or demands that the petition be reviewed as is, without further revisions. If the applicant fails to provide additional information as requested or respond with a time when the information will be submitted within sixty (60) days of the request, the petition shall be deemed to have been withdrawn by the applicant. The applicant is entitled to one sixty-day extension upon request, provided that the request is made prior to the expiration of the sixty-day period.
E.
Within five (5) days of the determination of completeness or an applicant's demand for review of the petition as submitted, the city manager or his/her designee shall cause the complete petition for variance to be scheduled as an agenda item for the planning and zoning board at a meeting to be held within thirty (30) days of the receipt of the written petition, and the planning and zoning board shall make a recommendation as to the variance at that meeting, unless the applicant consents to an extension of time for the board's consideration.
F.
Within thirty (30) days of the consideration of the planning and zoning board, or forty-five (45) days in the event that revisions to the written petition are requested or recommended by the board or the city manager, the city manager shall then cause the petition to be considered by the city commission together with the recommendation of the planning and zoning board.
G.
The city manager or his/her designee shall cause notice of the public hearing to be sent to the applicant and to all the owners of real property within five hundred (500) feet from the boundary of the real property involved in the application for relief.
H.
The city commission shall render a decision in writing within ten (10) days after the scheduled hearing on the petition. If the petition for the variance is granted, the city commission shall cause a resolution to be made stating the terms and conditions upon which the variance has been granted and shall cause a copy of the resolution to be made a part of the municipal records of the city. If the petition for variance is denied, the city commission shall state in writing the reasons therefor.
(Ord. No. 2015-18, § 2, 11-18-2015)
The city's building, planning and zoning, and code enforcement departments, or their designees, shall be authorized to enforce the provisions of this article and pursuant to this authorization shall be empowered to cause citations to be issued for all violations of this article.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 3, 4-6-2023)
A.
Residential districts. Except for residential lots of record which are over two (2) acres in size, there shall be one (1) flagpole allowed per parcel or lot of record for the display of flags. For residential parcels greater than two (2) acres, two (2) flagpoles shall be permitted. The maximum size of any flag is twenty-four (24) square feet. Flags attached to an angled pole attached to a building shall not exceed fifteen (15) square feet. No flags of any commercial nature may be displayed within any residential districts.
B.
Maximum height. Except as set forth herein, the maximum height of the flagpole in any residential zoning district shall not exceed twenty-five (25) feet.
C.
Commercial, industrial, open space and community facility districts. Within all commercial, industrial, open space/recreation, and community facility zoning districts, up to two (2) flagpoles containing one (1) flag per flagpole only or one (1) flagpole containing no more than two (2) flags may be erected per property. The maximum height of a flagpole shall not exceed twenty-five (25) feet. In lieu of a flagpole, no more than two (2) flags may be attached to a building on a property. The maximum size of any one (1) flag on a flagpole shall not exceed twenty-four (24) square feet. Flags attached to an angled pole attached to a building shall not exceed fifteen (15) square feet. The location of any flagpole or flag must be identified on a site plan prior to receiving a building permit and may be no higher than the roofline of the first floor of the building. No flags of any commercial nature may be displayed within these districts.
D.
Maximum dimension. The maximum dimensions of any flag shall be twenty-four (24) square feet, except as provided for in subsection F below.
E.
Setback. The minimum setback of the flagpole from all property lines shall be equal to the height of pole or the required setback for the zoning district, whichever is greater.
F.
Cellular tower as flagpole. In the event that a flagpole is proposed to camouflage a cellular tower as part of a proposal to limit the adverse visual appearance of a lattice or other noncamouflaged cellular tower, the location of which is otherwise necessary, the city commission may allow a flagpole to reach a height greater than set forth herein and may allow for a flag size greater than set forth herein. If a flagpole is proposed to camouflage a cellular tower, the pole and flag size are subject to the following dimensional limitations:
G.
Site plan approval required. All flagpoles are required to obtain site plan approval in addition to obtain a building permit.
H.
Existing flagpoles. Any existing flagpole with a valid building permit is excluded from the height and setback requirements as set forth herein.
I.
Flags to be in good condition. All flags shall be in a good state of repair when being flown as determined by the city manager and/or his/her designee. If a flag has been determined to be in poor maintenance condition, the property owner shall have three (3) days to replace the poorly maintained flag with a flag in good state of repair.
J.
Penalties. It shall constitute a violation of the city Code, punishable as provided in this section, to intentionally or willfully:
1.
Fly a flag that is torn, tattered, ripped, faded, worn, damaged or not maintained;
2.
Fly a flag in violation of the United States Code, as may be amended from time to time.
3.
To otherwise fail to comply with this article.
Failure to comply with any part of this article shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment. Each day a violation exists shall be a separate violation. In addition, the city shall also have the right to revoke, refuse to issue, refuse to reissue, refuse to transfer, or refuse to renew any business tax receipt for any facility, business, entity or establishment where the violation occurred until such time as the violation and/or fine is corrected.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 4, 4-6-2023)
A.
Sign permits. Except for exempt signs, it shall be unlawful for any person to install, alter or cause to be installed or altered within the municipal limits of the city any sign otherwise allowed under this article and visible from a public right-of-way, whether permanent or temporary, without first having obtained a sign permit from the city. The sign permit shall be issued by the city only after determination has been made that the proposed sign fully complies with all conditions of this article.
B.
Building permits. When required by the Florida Building Code, a building permit shall be obtained to erect those signs or sign structures that are subject to the Florida Building Code. The requirement of a building permit is separate and apart from the requirement of a sign permit.
(Ord. No. 2015-18, § 2, 11-18-2015)
Applications for sign permits required by this article shall be filed with the city in conformance with an approved development plan and shall contain the following information:
A.
Name and address of owner of proposed sign or his authorized agent.
B.
Type of sign and/or structure with all relevant dimensions.
C.
Location of premises upon which sign is to be located and photographs of the area in which the sign is to be placed which includes adjacent signage of the area.
D.
A plan or design of the sign showing the square foot area of the sign as well as the sign face, height of letters, colors, materials, lighting, equipment if any, and its position relative to the building, the complete building elevation at a scale of no less than one (1) inch equals eighteen (18) feet, other signs on the building or within one hundred (100) feet of the property line.
E.
Two (2) separate scaled drawings of the proposed sign shown at a scale of one-half (½) inch equals one (1) foot. These drawings shall also contain all dimensions, size and colors.
F.
The drawings for all signs which are to be illuminated shall show the location of electrical outlets, conduits and lighting sources. The plan shall also indicate the intensity of illumination as certified by an electrical engineer, which shall not exceed the maximum specified herein.
G.
Cost of the sign.
H.
Such other information as may be required by the building official of the city in order to review the sign permit application for compliance with the city's signage and related land development regulations.
(Ord. No. 2015-18, § 2, 11-18-2015)
Permit fees for the erection of signs within the municipal limits of the city shall be as set in the building permit fee schedule as adopted by the commission. Other than the required building permit fee, there shall be no other fee for the erection or display of a sign.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
A sign permit application shall be delivered to the city manager or his/her designee for review and recommendations. The processing timeframes in this section may be waived by the applicant. Applications for wall signs which conform to criteria and standards previously approved by the city commission as part of a uniform sign program for a given commercial development may be approved administratively within fifteen (15) days of receipt of a complete permit application without necessity for further review and approval by either the planning and zoning board and city commission. All other sign permit applications and Community Appearance Board reviews of temporary signs inside a planned residential development per subsection 100-1540.C. shall be subject to review by the planning and zoning board and city commission as follows: Such applications shall be first reviewed by the city manager or his/her designee who shall, within fifteen (15) days of the receipt of such application, determine whether the sign permit application is complete or return an incomplete petition to the applicant. For complete applications, the city manager or his/her designee shall, within thirty (30) days of a determination of completeness prepare a recommendation for consideration by the planning and zoning board. The planning and zoning board shall consider the application at its next regularly scheduled meeting, or at a special meeting, so long as such meeting is within thirty (30) days after the determination of the application's completeness. At that time, the planning and zoning board shall review the same and make such recommendations (if any) it deems appropriate for consideration by the city commission.
B.
The city commission shall then consider the sign permit application and the recommendations, if any, of the planning and zoning board at the commission's next regularly scheduled meeting held within thirty (30) days after the matter has been heard by the planning and zoning board, but in no event later than sixty (60) days after the delivery of sign permit application to the city manager or his/her designee (even if the planning and zoning board has not reviewed the aforesaid application or has not made recommendations regarding the same). At that time, the city commission shall consider whether the proposed sign and/or sign structure complies with the city's sign regulations and applicable community appearance standards set forth in the city's land development code, and the city commission shall grant, grant with conditions, or deny the sign permit application within seven (7) days after such meeting. If the application is granted with conditions or if the application is denied, the conditions or the reasons for denial shall be set forth in writing and delivered to the applicant.
C.
If the city commission fails to act within the aforesaid time limits, or fails to state the conditions or reasons for denial in writing, the applicant shall be entitled to make a written request for the city commission to consider or reconsider the application. Such request shall be submitted by the applicant to the city commission within ten (10) days after the city commission's deadline for taking the described action, and the written request for reconsideration shall be heard at by the city commission within seven (7) days thereafter. At that time, the city commission shall address the applicant's request and take up or again consider whether the proposed sign and/or sign structure complies with the city's sign regulations and applicable community appearance standards, and the city commission shall grant, grant with conditions, or deny the sign permit application at such meeting. If the application is granted with conditions or if the application is denied, the conditions or the reasons for denial shall be set forth in writing and delivered to the applicant. If the city commission fails to take action within the time periods set forth above, the permit shall be deemed granted.
D.
If the sign permit application is granted, the permittee shall furnish the building official or his designee with photographs of the sign in place within thirty (30) days after the same is erected or constructed, and which shall show compliance with any and all height, size, setback, or other requirements of this article.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Sign permits issued under this article shall be good for the life of the sign approved. However, each and any sign permit may be revoked if the building official or his designee upon his determination that the sign is not in full compliance with the provisions of this article.
B.
If a sign authorized by any sign permit has not been constructed within the applicable time requirements of the Florida Building Code, then the sign permit shall automatically be revoked.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 5, 4-6-2023)
The following signs, while they may be covered by the general provisions of this article, shall be exempt from the sign permit requirements of this article. However, this exemption in no way waives requirements of the Florida Building Code or the city's adopted engineering standards or any limitation or restriction on the number, size, height, setback, placement or duration of such signs under this article or any limitation or restriction under any other applicable law or regulation:
A.
Private warning and safety signs.
B.
Noncommercial on-site directional signs.
C.
Nameplate signs.
D.
Street addresses that are required.
E.
Flags.
F.
Window signs.
G.
Temporary signs, as set forth in section 100-1540.
H.
Changes to the copy of an existing sign that do not require a building permit.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Design and structural requirements.
1.
All structural members utilized in the construction or erection of signs shall be concealed except for vertical supports or other supporting members which are designed and arranged so as to be an integral part of the aesthetic composition of a sign.
2.
All signs shall be designed so as to be architecturally compatible. No sign or sign face shall cross or disrupt architectural features of the building to which it is attached.
3.
Permanent freestanding signs are limited to monument signs. All of the following requirements shall apply to monument signs, and paragraphs c. and i. shall also apply to entrance wall feature signs:
a.
Applicants are encouraged to use the services of a design professional to create their sign and to utilize a well-qualified signage manufacturer to fabricate and install their sign.
b.
Monument signs must exhibit all of the following characteristics identified below:
1.
Combination of design, lighting, materials, or construction that exceeds industry standard quality such as natural stone, stainless steel or glass.
2.
Colors, typeface, and lighting that are contributing elements to the overall design of the sign.
3.
Design that is integrated as part of an overall design of the landscape, building or site.
4.
Design and dimensions shall respect and enhance the localized context of the area in which the sign will be placed.
c.
Sign structure height. Height shall be measured above the edge-of-pavement elevation of the nearest abutting road at its closest point to the sign location. Entrance wall feature signs shall not exceed six (6) feet in height. The maximum allowable height of a monument sign shall be as set forth below:
d.
Area. The maximum allowable area of a monument sign shall be as set forth below:
The maximum sign area permitted shall be permitted for each face of a double-faced sign, provided that the copy on the sign faces is identical.
e.
Sign copy. The maximum letter height allowed on a monument sign shall be as set forth below:
f.
Quantity. The maximum allowable number of monument signs shall be as set forth below:
g.
Setbacks. Monument signs shall be setback a minimum of six (6) feet from all property lines. Monument signs may be no closer than twenty-five (25) feet to the corner or intersection and shall not be located within a sight visibility triangle.
h.
Design. The sign base shall be, at a minimum, the same width as the sign structure, unless otherwise designed to take the form of an architectural enhancement that complements the design of the building(s) and plaza and coordinates with the uniform sign plan. A masonry or concrete base is not considered an architectural enhancement.
i.
Supports. All supporting members or materials utilized in the construction or erection of monument signs shall be concealed, except for supports or materials that are designed and arranged to be an integral part of the aesthetic composition of a sign.
j.
Landscaping. Permanent freestanding signs and entrance wall features shall be integrated into a broad, lush landscape that is sufficient to achieve a balance of scale such that the sign does not dominate the landscaping around it. This requirement for signs to be balanced in scale and extent by landscaping is a performance standard. The community appearance board shall determine whether the landscape materials, extent of landscaped area and composition of the landscaping comply with this performance standard. In no event, however, shall the landscaped area around the base of the sign be less than four (4) square feet for each square foot of sign area with landscape materials in accordance with subsection 95-1525.E.
4.
Wall signs on multiple-tenant and single-tenant buildings (including those on outparcels) located in the same commercial center shall be stylistically consistent and compatible with one another. The color and font/style of letters used for such signs shall be identical unless otherwise specifically approved by the city commission. The height of letters used for different signs in the same commercial center must fall within a four-inch range unless otherwise specifically approved by the city commission.
5.
All wood, whether used for new permanent signs, for replacement of existing signs, or for any part thereof, shall be rot and termite resistant, through open cell preservation methods as specified by the American Wood Preservation Association, or by any other open cell preservation treatment approved by the city.
6.
The use of lettering and sign design shall enhance the architectural character of the facade on which the sign is located.
7.
All signs must be removed immediately upon discontinuance of their intended or approved use.
8.
All signs are limited to one (1) sign face, except that freestanding signs and under canopy signs, are permitted to have two (2) sign faces. The interior angle between the opposing sign faces shall not exceed fifteen (15) degrees.
B.
Illumination. The following conditions and restrictions shall apply to illuminated signs:
1.
Except as hereinafter provided in this section, illuminated signs, or illumination in show windows, display windows, in or upon any building shall have the source of light concealed from view from the exterior of the building or structure.
2.
Permanent signs may be illuminated internally within channel letters, back lit for a silhouette effect (reverse channel letters), externally illuminated from the ground, or externally illuminated from an architectural (decorative) overhead full-cutoff fixture (i.e. a gooseneck lamp) that is integrated into the design of the sign or facade. Monument sign cabinets may be internally illuminated only if opaque cabinet panels with cut-outs for individual letters and characters are utilized, providing the appearance of channelized letters.
3.
External light sources shall be shielded, landscaped when ground-mounted and, except for decorative overhead architectural fixtures as provided in paragraph 2., above, not visible from any adjacent rights-of-way or residentially zoned or developed properties, or from dwelling units on upper stories within the same building on which the illuminated sign is located. Light fixtures that are architectural elements of a building need not be hidden from view, provided that the bulbs or other light source within the fixtures are shielded from view.
4.
Intensities of illumination in all cases shall be approved by the building official before the issuance of a sign permit for compliance with the following maximum illumination intensity levels:
5.
Illuminated signs located within five hundred (500) feet of a residential zone, and which are visible from such residential zone shall be turned off not later than 11:00 p.m. each night.
6.
No intermittent or flashing illumination will be permitted.
7.
All exterior electrical outlets for signs shall terminate in a galvanized box with a blank cover, which shall be flush with and not protrude beyond the finished surface of the exterior wall.
8.
Transformer boxes, outlets, conduits, and other accessory equipment for any sign shall be placed so that they are not visible from the exterior, and no face jumping shall be permitted.
9.
All lighting for all signs shall be designed to prevent light spillage from sign face, and shall not be of such intensity or brilliance as to cause glare, visual distraction or nuisance.
10.
The use of neon is limited to an internal light source for signs.
11.
Strip lighting shall not be used to border or outline a window, door, canopy or any portion thereof.
12.
Temporary and portable signs shall not be illuminated.
C.
Maintenance. Every sign, together with its framework, braces, angles, or other supports shall be maintained in a safe condition, properly secured, supported and braced to withstand wind pressure as required by the Florida Building Code or any other applicable regulatory code or ordinance in effect within the city limits.
D.
Location.
1.
No sign or support shall be placed in such position or manner as to obstruct or interfere, either physically or visually, with traffic circulation (pedestrian or vehicular), any fire alarm, police alarm, traffic signal or sign or any devices maintained by or under public authority.
2.
No sign over a walkway shall have a vertical clearance of less than eight (8) feet in height as measured from the bottom of the sign to the walkway.
3.
No sign shall be located within a sight visibility triangle.
E.
Reserved.
F.
Changeable copy signs. Changeable copy is permitted only as specified in this subsection.
1.
Within the community facilities district, up to fifty (50) percent of a single building wall sign face or ground sign face per primary or secondary thoroughfare frontage may be allocated for changeable copy.
2.
Up to twelve (12) square feet per monument sign may be allocated for changeable copy for motor fuel pump stations where required by a preempting federal or state law.
3.
[Reserved.]
4.
All changeable sign copy shall be static for a period of time not less than twelve (12) hours.
5.
Electronically changeable copy proposed within two hundred fifty (250) feet of a dwelling unit shall be reviewed for lighting control and mitigation in order that the lighting from the sign shall not result in a light intensity of greater than three-tenths (.3) foot-candle above ambient lighting, as measured at the property line or any residential property within two hundred fifty (250) feet of any residential property.
6.
A permit is not required for change of copy permitted under this subsection.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 6, 4-6-2023)
For any integrated multi-tenant commercial or industrial development in the city, a uniform sign program shall be established and approved by the city commission serving as the community appearance board, as required under the community appearance standards for signage in section 75-160, signage for commercial centers. Uniform sign programs for developments that include one (1) or more multiple-tenant monument signs shall provide standards to ensure the compatibility of lettering styles, sizes and colors, and to ensure that there are adequate white (blank) space in between lines of text and bordering the text at the sign edges. All uniform sign programs require community appearance board approval. Once the city approves a uniform sign program, no further community appearance board approval is required should the property owner authorize lettering styles or colors that deviate from those authorized in the uniform sign program, but which are protected by a federally registered trademark, provided that such signs comply with all other requirements of the uniform sign program.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2016-19, § 2, 11-2-2016)
Only such permanent signs as are authorized in this section shall be permitted to be erected or maintained upon any building, plot or parcel of land. Except for those sign types identified in subsections A. through D., below, city commission approval is required for all permanent signs through community appearance board approval of a uniform sign program or individual signs for properties exempt from uniform sign program approval. The following signs are permitted subject to stated regulations and conditions:
A.
Permanent private warning and safety signs, not to exceed four (4) square feet per sign up to a cumulative maximum of sixteen (16) square feet per property;
B.
Street address signs. All street address signs shall meet requirements set forth in section 4-61.1 of the Code of Ordinances.
C.
Nameplate signs in residential districts. Nameplate signs are permitted for each dwelling unit. Nameplate signs shall not exceed one and one-half (1½) square feet in size.
D.
Nameplate signs in nonresidential, nonagricultural districts. Nameplate signs are permitted at the front and rear of each building. Nameplate signs shall not exceed three (3) square feet in size. At the front of buildings with covered walkways, a nameplate sign may take the form of an identification sign hung at a ninety-degree angle or an identification sign located on a canopy or awning.
E.
Noncommercial on-site directional signs. In multifamily and nonresidential districts, and within common areas of master-planned residential developments that are dedicated to a property owners' association, noncommercial on-site directional signs not exceeding three (3) square feet shall be allowed as needed or required.
F.
Wall signs, under-canopy signs, marquee signs, monument signs, window signs, and on-site wayfinding signs:
1.
Permanent window signs are permitted in commercial zoning districts subject to the following standards:
a.
Permitted only on the ground floor of a building.
b.
Shall not cover more than fifteen (15) percent of the total window area.
c.
Maximum permitted letter height is eight (8) inches.
d.
Shall be comprised of graphic elements that are professionally created and applied to the window surface.
e.
Businesses are permitted one (1) illuminated sign on the interior side of a window, not to exceed three (3) square feet. If a glazed area contains illuminated signage and window signage, the illuminated sign area allowed is in addition to the fifteen (15) percent window signage allowance where such signs are displayed. All other illuminated signs are prohibited.
2.
For each owned, leased, or occupied space in nonresidential and nonagricultural districts, one (1) wall sign or one (1) marquee sign shall be allowed, not to exceed the size limitations delineated below:
a.
Corner frontages. A second such wall or marquess sign is allowed in the subject building space is located either on a corner lot or outparcel.
b.
Secondary public entrance. A second wall sign, not to exceed one half (½) maximum allowable sign area and one (1) line of copy, is also permitted when there is a secondary public entrance is on a different facade than the main entrance, and provided that such facade faces a primary or secondary thoroughfare, or parking lot that serves the establishment. The planning and zoning director shall have the authority to determine which entrance is primary and which is secondary.
c.
Service entrances. One (1) wall sign shall be permitted at the rear or side service entrance of each tenant within a multiple-tenant commercial building if the sign faces a thoroughfare or parking lot associated with the commercial building, limited to one-half (½) of the maximum allowable sign are or twelve (12) square feet in area, whichever is less.
d.
Only one (1) wall sign is permitted per facade elevation.
e.
All signs under this subsection must be approved through a master sign program.
3.
In multi-tenant commercial developments, on-site wayfinding signs shall be allowed not to exceed six (6) feet in height and twenty-four (24) square feet in area if applied by the city commission as part of a uniform sign program. Such signs shall be located, designed, and oriented to assist wayfinding only within the development site, not from the public right-of-way.
4.
In master-planned residential developments, on-site wayfinding signs and identification signs shall be allowed within common areas that are dedicated to a property owners' association for maintenance, not to exceed six (6) feet in height and twelve (12) square feet in area. Such signs shall be located, designed and oriented to assist wayfinding only from within the development site, and shall not be visible from any public right-of-way bordering the development.
5.
Under-canopy signs shall be permitted in commercial districts subject to the following standards:
a.
Sign area. Under-canopy signs shall not exceed four (4) square feet in area and shall not exceed one (1) line of copy.
b.
Mounting. Under-canopy signs shall be mounted a minimum of eight (8) feet above the surface of the walkway. Signs shall be mounted perpendicular to the facade of the adjacent storefront.
c.
Number. One (1) under-canopy sign shall be permitted for the main entrance for each tenant, not to exceed one (1) per business for each storefront occupied.
d.
Master sign plan. All under-canopy signs shall be shown on the master sign plan and shall be in conformance with the standards contained herein.
e.
Under-canopy signs shall not be counted towards the maximum permitted sign area.
f.
Under-canopy signs shall be permitted to be located under canopies and/or awnings for pedestrian view only.
g.
All signs under this subsection must be approved through a master sign program, except for commercial centers which possess an approved master sign plan, prior to adoption of this section. The addition of the under-canopy signs can be accomplished through a no-fee administrative process.
h.
Under-canopy signs shall be uniform throughout the development in regards to shape, design, location, color and lettering.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2019-001A, §§ 2(Exh. A), 9(Exh. H), 9-25-2019; Ord. No. 2023-002, § 7, 4-6-2023)
A.
General provisions:
1.
Only such temporary signs as are prescribed herein with the provisions of this article shall be placed, displayed and maintained upon any lot without the necessity of a sign permit.
2.
No signs permitted, however, shall exceed six (6) feet in height above the edge of pavement of the abutting road.
3.
Signs shall not be placed upon property without the permission of the owner of the property or other person in legal control of the property. It is unlawful to attach signs to rooftops, trees, shrubs, fences, walls, or utility or similar poles. All signs shall be discarded in a proper manner so as to prevent litter and trash from accumulating within the city. Signs shall be no closer than twenty-five (25) feet to the corner or intersection. Signs under three (3) square feet shall be set back a minimum distance of five (5) feet from the public or private right-of-way. Signs over three (3) square feet shall be set back a minimum distance of ten (10) feet from the public or private right-of-way. Different setbacks may be approved by the city manager or designee if necessary to assure the visibility of the sign in relation to landscaping and changes in ground elevation.
4.
Sandwich-type signs, other than those explicitly authorized in this section, are prohibited.
B.
Temporary real estate sign permitted in all zoning districts:
1.
One (1) freestanding sign allowed per plot. Temporary real estate signs are not allowed along the Sawgrass Expressway unless such lot only has frontage on the same, in which case, placement of such signs shall be a minimum of seventy-five (75) feet from the right-of-way line of the expressway.
2.
Sign area shall not exceed three (3) square feet in area and sign height shall not exceed three and one-half (3½) feet above the crown of the abutting road.
3.
One (1) additional sign may be hung from or attached to the approved sign only when the premises are available for inspection by the prospective buyer or tenant. Said additional attached sign shall not be larger than eight (8) inches in width nor twenty-four (24) inches in length.
4.
A temporary real estate sign shall be removed immediately following the closing of a sale or a rental, or a lease of the subject property has been accomplished.
5.
[Reserved.]
6.
Consistent with the severability provisions that are otherwise applicable to this article, in the event that subsection B. or any portion thereof is determined to be unconstitutional or invalid for any reason whatsoever, such determination shall not affect any other portion or provision of this article.
C.
Temporary signs permitted inside a planned residential development in Residential [zoning districts]:
1.
One (1) freestanding sign allowed adjacent to each model home in a planned residential development, with the sign area of each sign not to exceed six (6) square feet. One (1) additional sign of the same size may be displayed only when any model is open and available for inspection by the prospective purchaser.
2.
One (1) freestanding identification sign adjacent to each side of each site planned and platted vehicular entrance to the planned residential development, not exceeding thirty-two (32) square feet in area or six (6) feet in height above the edge of pavement of any abutting street or road.
3.
Temporary signs may be placed adjacent to the internal road network of a planned residential development that has open models, with the sign area of each sign limited to six (6) square feet.
4.
A temporary sign, limited to six square feet in sign area, may be placed adjacent to an amenity or destination within the planned residential development.
5.
All temporary signs permitted under this paragraph C. shall be:
a.
Set back from any adjacent public right-of-way a distance of at least one hundred (100) feet, but this setback shall not apply to signs permitted under paragraph C.2.; and
b.
Subject to community appearance board approval, applying the standards in section 22-290 [75-60], desirable general design elements; and
c.
May be displayed from the issuance of a building permit for a principal structure until:
(i)
The time that building permits have been issued for all but the lesser of ten (10) percent of the approved lots in the development or ten (10) lots, or
(ii)
Any time that there is no active building permit for thirty (30) consecutive days.
D.
Temporary signs permitted for development projects in all zoning districts:
1.
Active building permit: One (1) freestanding sign allowed per project with an active building permit. Sign area is not to exceed thirty-two (32) square feet, and shall be limited to six (6) square feet in single-family attached and detached developments. The sign may not be posted until preliminary building plans have been approved and shall be removed when the certificate of occupancy or completion is issued or the date that the building permit expires, whichever is earlier.
E.
Window signs. Temporary window signs are allowed in all zoning districts, shall not cover more than fifteen (15) percent of the window area, and may be located on or adjacent to the window. In the business zoning districts, temporary window sign no more than fifty (50) percent of the window area, may be placed directly on or adjacent to the window surface for a period of time not to exceed fourteen (14) days after the date of issuance of the initial occupational license or a one-time period at the initial beginning of the business.
F.
Banners. Banners are permitted only in strict accordance with this subsection.
1.
Eligibility for banners. An applicant for a building permit to erect a permanent wall identification sign may concurrently submit a sign permit application for a temporary banner sign that has the identical copy and color of the proposed permanent identification sign, and which does not exceed the size or any dimension of the permanent proposed sign. Upon determination by the planning and zoning director that the temporary sign complies with the requirements of this article, including the uniform sign plan for the property, the director shall issue a sign permit to allow installation of the banner sign. The banner sign may be displayed only in the location of the proposed permanent sign, and only until the permanent sign is legally installed. A temporary banner shall not be erected, used or displayed for a period exceeding six (6) weeks from the date that the application for building permit is submitted for the permanent signage, provided that if such building permit is not issued by the end of the six-week period, the temporary banner may remain for not more than two (2) additional weeks, and shall be removed on the fifty-seventh day following the submittal of the application for building permit for the permanent sign(s).
2.
Design standards for banners.
a.
Banners shall be constructed of durable material. Permitted banner materials are polyester, canvas, cotton duck, poplin, satin, ten-ounce or heavier vinyl, nylon, or similar material that the planning and zoning director determines is equally durable, and is similar in appearance and properties.
b.
Edges and corners must be clean, trimmed and reinforced by the manufacturer. Frayed or ripped edges are not permitted.
c.
All sign copy shall be printed by a professional sign manufacturer (for example: Digitally or transfer printed).
d.
Banners shall be maintained in good state of repair, with no visible fading or surface irregularities (for example: warping).
e.
Banners shall be flush-mounted to the face of a building or structural canopy below the roofline, or may be suspended between building columns. The banner and any mounting or support equipment shall not extend beyond the partition or end wall of the establishment erecting the banner. Freestanding banners shall be attached to temporary banner poles or similar supports designed specifically for banner mounting.
f.
Banners are subject to the minimum vertical clearance for permanent signs above sidewalks, pedestrian and vehicular ways, and shall not encroach within a sight distance triangle.
G.
Temporary noncommercial signs on private property.
1.
Temporary noncommercial signage, up to a cumulative area of six (6) square feet.
2.
An additional twelve (12) square feet of temporary noncommercial signage, for the ninety (90) calendar days prior to and seven (7) calendar days following any federal, state, county, or city election.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 8, 4-6-2023)
Editor's note— Sec. 9 of Ord. No. 2023-002, adopted April 6, 2023, deleted § 100-1550, which pertained to basic sign design schedule in all zoning districts, and derived from Ord. No. 2015-18, adopted November 1, 2015.
No sign shall be displayed or erected on property without the express permission of the property owner or the person in legal possession of the property.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.
B.
Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection A. of this section, or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
C.
Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection A. of this section, or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under section 100-550, prohibited signs. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 100-550, prohibited signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 100-550, prohibited signs.
D.
Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.
(Ord. No. 2015-18, § 2, 11-18-2015)
SIGNAGE
A.
Scope.
1.
The provisions of this article shall govern the number, size, location, and character of all signs which may be permitted either as a main or accessory use under the terms of this article. No signs shall be permitted on a plot or parcel either as a main or accessory use except in accordance with the provisions of this article.
2.
This article does not regulate government signs on government property, including, but not limited to, city signs on property owned by the city, the county or the State of Florida, and traffic control devices.
3.
In the event of any conflict between this article and any declaration of covenants, bylaws, or other restrictions applying to any property within the city, the language affording the more restrictive interpretation shall apply.
4.
The city specifically finds that these sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the city to further these interests.
B.
Purpose.
1.
Florida Constitution. Article II, Section 7 of the Florida Constitution provides that "[i]t shall be the policy of the state to conserve and protect its natural resources and scenic beauty…" A beautiful environment preserves and enhances the desirability of the city as a place to live and to do business. Implementing the Florida Constitution is a compelling governmental interest.
2.
Florida Statutes. Florida law require cities to adopt comprehensive plans and implement them through land development regulations (also known as zoning regulations) and approval of development orders that are consistent with the comprehensive plan. See F.S. ch. 163, pt. II. Florida law specifically requires that the city adopt sign regulations. See F.S. 163.3202(2)(f). Complying with state law is a compelling governmental interest.
3.
City comprehensive plan. The city's comprehensive plan has numerous provisions that require the city to ensure the aesthetic character of the city and to ensure traffic safety on roads within the city through the regulation of signs, as set forth in detail below. Implementing the city comprehensive plan is a compelling governmental interest.
a.
City comprehensive plan elements. The existing land use conditions in the city are described in the city's comprehensive plan as follows: "Parkland is largely residential in nature with some commercial development along SR 7/US 441 and near the old City Hall site (located on Parkside Drive). The City is characterized by its semirural, upscale single-family neighborhoods and comparatively high average income and home values." According to the transportation element, "Growth and Development Activity," the city "is an upscale residential community with small scale commercial villages located in the northwest corner of Broward County. The City is made up of approximately 11.14 square miles, which is primarily residential with a few small areas of institutional, commercial and agricultural land uses scattered throughout… Due to the semi-isolated location of the City in proximity to the surrounding roadway network, through traffic has been and will continue to be discouraged while the mobility of City residents is promoted." The city also provides for the non-vehicular transportation needs of its residents and visitors, as described in "existing pedestrian, bicycle and horse facilities," "Schools, libraries, parks, shopping places, employment centers, and bus stops often generate pedestrian and bicyclist traffic. To maintain the mobility of a multimodal transportation system, it is important that the City of Parkland have a well-connected system for pedestrians, bicycles and horses, along with the existing roadway system. The City of Parkland is working to develop and maintain a thorough network of multi-use trails that serve pedestrians, bicyclists and horses. The multi-use trails are essentially six-foot wide, paved, meandering trails, which are set back a substantial distance from vehicular roadways. The city plans to expand and maintain the multi-use trail system throughout the city. The existing multi-use trail system is shown on Map 3-8."
b.
City comprehensive plan goals, objectives and policies. Several goals, objectives and policies of the city's comprehensive plan require the city to maintain its scenic beauty and traffic safety through its land development regulations and actions:
GOAL I. Growth And Development In Parkland Should Be Planned To Achieve A Quality Community Which Is Sensitive To The Uniqueness Of The City's Environment, Continues The City's Semi-Rural Character, And Yet Provides For The Full Needs Of Its Residents.
Objective 1.1: Future growth and development will be managed through the implementation and enforcement of land development regulations in accordance with Chapter 163 F.S. Annually, review development permits to determine if those permits and their effects on the City's infrastructure are consistent with policies 1.1.1 through 1.1.3.
Policy 1.1.1: Land development regulations will, at a minimum: …
f)
Regulate signage; …
Policy 1.1.4: The City shall ensure that all new development is compatible with the character of the City and with adjacent zoning, development and uses, and issue no development orders or permits deemed to be incompatible with the character of the City and with adjacent zoning, development and uses.
Policy 1.1.5: The City shall establish a policy framework/foundation upon which land development regulations addressing signage may be based by December 2008.
Objective 1.3: The City will ensure that land uses found to be inconsistent with the Community's character will not be permitted. Annually, review development within the City to determine any uses or development inconsistent with the community's character.
Policy 1.3.3: Commercial development should emphasize planning of the total site as a whole in a cohesive form and linear or strip commercial sites will not be allowed. All commercial development shall be consistent with the architectural standards adopted by the City and shall be designed so as to be compatible with neighboring uses, developments, land uses and zoning.
Policy 1.3.10: Preserve the character of existing residential neighborhoods: the BBB Ranches, Pine Tree Estates, Cypress Head, Country's Point, Riverside Acres and Cypress Trails, and all new developments.
Policy 1.3.14: The City's Land Development Codes and Regulations shall protect existing and planned residential areas including single-family neighborhoods, from disruptive land uses and nuisances.
Policy 1.7.4: The City shall review for and require development which will maintain and facilitate a park like setting when appropriately designating land use categories or reviewing for land development permits.
Policy 1.7.5: The City shall implement Land Development Regulations which require all non-single-family residential development and all non-residential developments to be designed in a park-like setting.
Policy 2.3.5: Principles and criteria for guiding the location of special residential housing shall include compatibility of housing with surrounding residential or non-residential uses, proper access to the site to ensure the adequacy of existing or proposed road systems, aesthetic controls of both signage and architecture to alleviate negative inconsistency impacts upon adjacent areas, security concerns of the proposed facilities, proper buffering through site plan review based on the traffic intensity of the activities at the facility, and proximity guidelines to ensure adequate distances between facilities.
GOAL 3: A Safe, Convenient And Efficient Motorized And Non-Motorized Transportation System Shall Be Available For All Residents And Visitors To The City, Which Minimizes Through Traffic Within The City And Does Not Negatively Impact Residential Development.
Objective 3.1: The City's transportation system will emphasize safety, efficiency and aesthetics and protection of residential areas.
Policy 3.1.4: The City shall adopt and enforce criteria for landscaping and signs along roadways. All roadways adjacent to residential development shall be heavily buffered.
Objective 3.5: The City will utilize all possible methods to discourage and prevent external traffic flow through the City, through Holmberg Road, or Riverside Drive. Holmberg Road shall remain a local two lane road whose primary aim will be to serve the residents of the City. All attempts to widen Holmberg Road shall be discouraged and resisted. Vehicular use of Riverside Drive shall terminate at Holmberg Road and Riverside Drive shall remain a four lane road. All attempts to widen or extend Riverside Drive as a vehicular thoroughfare north of Holmberg Road shall be discouraged and resisted. Consider right-of-way north of Holmberg Road in the former Riverside Drive extension for use as non-vehicular recreational thoroughfare. Annually, review the transportation system to determine if any actions have been approved which promote through traffic within the City.
Policy 8.1.26: To enhance its rural image and flavor, the City shall consider the adoption and implementation of a uniform signage plan for all City parks, recreation facilities, and multipurpose trails.
4.
Caselaw. In accordance with the U.S. Supreme Court's cases on sign regulation, the regulations in this article 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 adversely affect the City's substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but are not limited to:
a.
Reed v. Town of Gilbert, ___U.S.___, 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015) on the topic on noncommercial temporary signs;
b.
Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs and off-premise signs;
c.
City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential areas;
d.
Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in residential areas;
e.
Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places;
f.
Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of regulation of commercial speech; and
g.
City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public property.
5.
Impact of sign clutter. Excessive signage and sign clutter impairs the legibility of the environment, and undermines the effectiveness of governmental signs, traffic control devices and other required signs (such as nameplate sign, noncommercial onsite directional sign, identification sign, onsite or on-premises wayfinding sign, and warning sign) that are essential to identifying locations for the delivery of emergency services and other compelling governmental purposes. The intent of these sign regulations is to enhance the visual environment of the city, ensure that city residents and visitors can safely navigate through the city to their intended destinations, and promote the continued well-being of the city. It is therefore the purpose of this article to promote aesthetics and the public health, safety and general welfare, and assure the adequate provision of light and air within the city through reasonable, consistent and nondiscriminatory standards for the posting, displaying, erection, use, and maintenance of signs that are no more restrictive than necessary to achieve these governmental interests.
6.
Specific legislative intent. More specifically, the sign regulations in this article are intended to:
a.
Encourage the effective use of signs as a means of communication in the City;
b.
Maintain and enhance the scenic beauty of the aesthetic environment and the city's ability to attract sources of economic development and growth;
c.
Ensure pedestrian and traffic safety;
d.
Minimize the possible adverse effect of signs on nearby public and private property;
e.
Foster the integration of signage with architectural and landscape designs;
f.
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive area of signs which compete for the attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding;
g.
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
h.
Encourage and allow signs that are appropriate to the zoning district in which they are located, consistent with and serving the needs of the land uses, activities and functions to which they pertain;
i.
Curtail the size and number of signs to the minimum reasonably necessary to identify a residential or business location, and the nature of such use, and to allow smooth navigation to these locations;
j.
Establish dimensional limits and placement criteria for signs that are legible and proportional to the size of the lot and building on which the sign is to be placed, or to which it pertains;
k.
Regulate signs so that they are effective in performing the function of identifying and safely directing pedestrian and vehicular traffic to a destination;
l.
Preclude signs from conflicting with the principal permitted use of the lot and adjoining lots;
m.
Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians;
n.
Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
o.
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts of the city;
p.
Allow for traffic control devices and government signs without regulation consistent with national standards, because they promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and by notifying road users of regulations and providing nationally consistent warnings and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream and modes of travel, while regulating private signs to ensure that their size, location and other attributes do not impair the effectiveness of such traffic control devices;
q.
Protect property values by precluding, to the maximum extent possible, signs that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
r.
Protect property values by ensuring that the size, number and appearance of signs are in harmony with buildings, neighborhoods, structures, and conforming signs in the area;
s.
Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the city and that complements the natural surroundings in recognition of this city's reliance on its natural surroundings and beautification efforts as a source of economic advantage as an attractive place to live and work;
t.
Classify and categorize signs by type;
u.
Not regulate signs more than necessary to accomplish the compelling and substantial governmental objectives described herein; and
v.
Enable the fair and consistent enforcement of these sign regulations.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Terms defined. For the purposes of this article, the following words and phrases shall have the meanings herein set forth. Any term that is used in this article and not defined herein shall have the meaning given to it by section 22-4 [5-3530] of this chapter:
Abandoned or discontinued sign or sign structure. A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six (6) months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (i) a sign displaying advertising for a product or service which is no longer available or displaying advertising for or identification of a business which is no longer licensed, or (ii) a sign which is blank.
Advertise or advertising means 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.
Animated sign means a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, or emits smells or noises.
Awning means a roof-like cover, often made of fabric, metal or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like.
Banner means a sign that cannot be considered a flag, having characters, letters or illustrations, if any, applied to cloth, paper, plastic, or fabric of any kind, with only such material for backing.
Billboard means a structure utilized for advertising a commercial establishment, activity, product, service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located.
Box sign means a sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device.
Cabinet sign means a sign with text or symbols printed on a plastic or acrylic sheet that is mounted on a cabinet or box that houses the lighting source and equipment. It excludes a monument sign that may include replaceable panels.
Changeable copy sign means a sign that is designed so that characters, letters or illustrations can be changed or rearranged manually or electronically without altering the face or the surface of the sign. A changeable copy sign is not an animated sign.
Commercial message means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
Copy means the linguistic or graphic elements of a sign.
Entrance wall feature means a freestanding, decorative wall constructed of masonry, stone or other material approved by the city commission that is integrated into the landscape alongside a vehicular entrance to a development to bring attention to the entrance. An entrance wall feature does not function as a barrier or screen.
Flag means any fabric or bunting containing distinctive colors, patterns, or symbols, used as the symbol of a government, political subdivision, or other entity.
Flashing sign means a sign which permits lights to be turned on or off intermittently more frequently than once per minute.
Footcandle means the unit of measure expressing the quantity of light received on a surface. One (1) footcandle is the illuminance produced by a candle on a surface one (1) foot square from a distance of one (1) foot.
Footlambert means the centimeter gram second unit of brightness equal to the brightness of a perfectly diffused surface that radiates or reflects one (1) lumen per square centimeter.
Freestanding sign means a self-supported structure attached to the ground, and not attached or fixed in any way to a building, entrance wall feature, or any other structure.
Graphic element means a letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof.
Identification sign means a sign used to identify the name of a residential subdivision, or nonresidential development, business, organization or other nonresidential occupant of a premises, and the street address. Identification signs are not used to advertise services and goods provided.
Illuminated sign means any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not the lights or tubes are physically attached to the sign.
Internal illumination means a light source concealed or contained within the sign which becomes visible by shining through a translucent surface.
Marquee sign means a sign attached to or hung from a canopy or covered structure projecting from, and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.
Master development plan means a complete and exact plan for the development of property which shall indicate existing site features, existing roadways, location, type and intensity of land uses, interior vehicular circulation system and designation for common open space, recreational and similar areas.
Master-planned residential development means any residential development for which the city commission has approved a master site plan or master development plan, or which otherwise has common areas that are owned, managed and maintained under unified control.
Monument sign means a permanent freestanding sign with a supporting structure that is architecturally and aesthetically integrated into the overall design of the sign.
Nameplate sign means a sign indicating the name or address or both of a person or persons residing on the premises, or legally occupying the premises. A nameplate sign for a premises in a nonresidential, nonagricultural district may also indicate the use located at the premises.
Noncommercial message means any message which is not a commercial message.
Noncommercial on-site directional sign means an on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., "entrance," "exit," "caution," "no parking," "one-way only," "no trespassing," and the like.
Nonconforming sign means a sign or advertising structure existing within the city limits on the date the ordinance from which this chapter derived became effective or a sign or advertising structure existing in an area annexed to the city after the above effective date which by its height, type, material, square foot area, location, use, or structural support does not conform to the requirements of this chapter.
Off-site or off-premises means objects that are not located on-site or on-premises.
On-site or on-premises means objects located within the bounds of the relevant property or building, including any appurtenant sidewalks, walkways, patios, and landscaped areas.
On-site or on-premises wayfinding sign means:
(i)
A sign typically located along a vehicular entranceway, sidewalk or walkway within a commercial development, which identifies businesses in said development; and
(ii)
A sign located along a street or pedestrian path within a master-planned residential development, which identifies the location of neighborhoods and major amenity areas within the development.
Permanent sign means any sign which, when installed, is intended for permanent use. For the purposes of this chapter any sign with an intended use in excess of twelve (12) months from the date of installation shall be deemed a permanent sign.
Pole sign means a permanent ground sign with a visible support structure, such that the sign face and support structure do not appear as one (1) solid monolithic appearance, or otherwise having a support structure that is not architecturally integrated into the overall design of the sign, but not including a flag on a flagpole.
Projecting sign means a sign attached to and supported by a building or other structure and which extends at any angle and projects not more than eighteen (18) inches from the structure upon which it is constructed or attached. Projecting sign shall not be interpreted to include an "under-canopy sign".
Real estate sign means a temporary sign erected by the owner, or his agent, indicating real property which is for rent, sale or lease.
Revolving or rotating sign means any sign that revolves or rotates.
Roof sign means a sign erected over or on the roof, extending above the roofline, which is dependent upon the roof, parapet or upper walls of any building for support.
Sandwich-type sign means a movable sign not secured or attached to the ground.
Sign means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public. Also, the above, when inside of a building in such a way as to be in view of the general public through a window or door from an abutting collector or arterial roadway and used or intended to be used to attract attention or convey information. This term shall not be interpreted to include traffic control device signs.
Sign area means the area enclosed within the smallest regular geometric figure needed to completely encompass all letters, insignias or symbols of the sign, including horizontal spacing between letters.
Sign face means the part of the sign that is or can be used for communication purposes.
Sign painting means the act of taking a specific kind of brush, and with various kinds of paint, and applying it to a two- or three-dimensional surface creating letters, forms and/or symbols.
Snipe sign means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes or fences, or to other objects with the message appearing thereon not applicable to the present uses of the premises or structures upon which such sign is located.
Temporary sign means any sign intended for use not permanent in nature. For the purposes of this chapter, any sign with an intended use of twelve (12) months or less shall be deemed a temporary sign.
Thoroughfare, primary means any of the following roads within the City of Parkland: State Road 7; Pine Island Road; University Drive; Nob Hill Road; Hillsboro Boulevard; and Lox Road.
Thoroughfare, secondary means any of the following roads within the City of Parkland; Holmberg Road; Trails End; and Parkside Drive.
Traffic control device sign or traffic control device means any sign located within the right-of-way and that is used as a traffic control device and described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administration as the National Standard and as may be revised from time to time. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.)), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). See City of Parkland's Standard Signing and Striping Details Manual, Sheets 1 through 3 for specific signs and regulatory pavement markings. These devices are not regulated as signs under this article.
Under-canopy sign means a sign suspended beneath an awning, canopy, ceiling, roof or marquee.
Uniform sign program or plan means a comprehensive set of regulations and restrictions governing the location, number, type, size, height, color, and style of signs in a commercial development.
Vehicle sign means a sign that is temporarily or permanently affixed to a vehicle, whether parked or in transit, that is used primarily for advertising. Such a sign on a vehicle that is regularly used in the conduct of the business or endeavor advertised on the vehicle, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle sign under this definition.
Wall sign means a sign which is approximately parallel to and supported by any wall or other enclosure.
Private warning sign means a sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
Wind sign means a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind. This shall include pennants, ribbons, spinners, streamers or captive balloons, but shall not include a flag on an allowed flagpole or mounted at the entrance of a building.
Window sign means a sign located on a window or within a building or other enclosed structure which is visible from the exterior through a window or other opening.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 2, 4-6-2023)
If any nonconforming sign is damaged by any cause or is otherwise in need of repair to such an extent that the cost of repairing the sign is equal to fifty (50) percent or more of the original cost of the sign, then its classification as a "nonconforming" sign under this section shall be automatically revoked and the sign shall either be removed or repairs shall be made to the sign so that the sign shall meet all the requirements of this article.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Notwithstanding anything to the contrary contained in this article, any sign permitted by this Code may be permitted to substitute or change the lettering on said sign face to convey noncommercial messages as often as the person owning or in control of the sign wishes, provided that all other criteria of this Code relating to design criteria, size, setbacks, etc., are satisfied.
B.
Notwithstanding anything to the contrary contained in this article, no sign or sign structure shall be subject to any limitation based solely upon the content of the message contained on such sign or displayed on such sign structure.
(Ord. No. 2015-18, § 2, 11-18-2015)
Any sign found posted or otherwise affixed upon any public property contrary to the provisions of this article shall be removed by the department of public works or public safety department. The person responsible for any such posting shall be liable for the cost incurred in the removal thereof, and the city is authorized to effect the collection of said cost.
The following are those signs which are prohibited and which shall not be installed or displayed within the municipal limits of the city:
A.
Animated signs.
B.
Permanent sandwich-type signs.
C.
Snipe signs.
D.
Permanent banner signs.
E.
Exposed neon tubes or bare bulb signs placed in geometric forms to outline structures, roofs, windows or doors in such a manner as to attract attention.
F.
Permanent signs illuminated from outside the boundaries of the sign, where the bulb or other source of light within any lighting fixture is visible from any abutting right-of-way or any adjacent property, or otherwise not shielded, designed, oriented or a combination of these as appropriate to obscure the light source from view and minimize glare.
G.
Roof signs.
H.
Billboards.
I.
Box or cabinet signs.
J.
Vehicle signs with a total sign area on any vehicle in excess of ten (10) square feet, when the vehicle:
1.
Is parked for more than sixty (60) consecutive minutes within one hundred (100) feet of any street right-of-way;
2.
Is visible from the street right-of-way that the vehicle is within one hundred (100) feet of.
K.
Projecting signs.
L.
Pole signs.
M.
Painted wall signs and any signs not conforming to the size limitations in section 100-1530, permanent signs: location, or the other applicable standards of this article.
N.
Flashing signs.
O.
Any sign located in a sight visibility triangle.
P.
Off-premises signs.
Q.
Abandoned signs.
R.
Wind signs.
S.
Inflatable balloons displaying advertising.
T.
Revolving or rotating signs.
U.
Signs that emit audible sound, odor, or visible matter, such as smoke or steam.
V.
Signs that cover, interrupt or disrupt the major architectural features of a building.
W.
Signs that resemble any official sign or marker erected by any governmental agency, the position, shape or color of which would conflict with the proper functioning of any traffic sign or signal, or the size, location, movement, color or illumination of which may be reasonably confused with, construed as, or conceal a traffic control device, thereby creating a safety hazard.
X.
Words and symbols associated with traffic control on signs that are not traffic control devices and that interfere with, mislead or confuse traffic, such as, but not limited to, "stop," "look," "caution," "danger" or "slow," thereby creating a safety hazard.
Y.
All other signs that are not specifically permitted or exempted in this sign code.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Due to the diversity of the city, it is recognized that the regulations provided herein cannot address all situations pertaining to signs. The city commission is therefore empowered to grant variances from the provisions of this article upon petition filed with the city manager's office after recommendation by the planning and zoning board.
B.
A variance to this article may be granted as to the physical characteristics of a sign where the variance is not contrary to the public interest; and, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship; however, no variance shall be granted by the city commission which has the effect of allowing a sign prohibited by section 100-550.
C.
Each petition shall include a fee as adopted by resolution of the city commission for administrative expenses incurred in the processing of the petition, shall be in writing, and shall state with specificity the grounds upon which the petitioner bases his claim upon which the variance has been requested.
D.
Within fifteen (15) days following the receipt of the written petition for a variance and the payment of the fee, the city manager or his/her designee shall determine whether the petition is complete, or shall return an incomplete petition to the applicant. Upon each resubmittal of a corrected petition, the city manager or his/her designee shall have ten (10) days to determine whether the petition is complete. This process shall continue until the applicant has submitted a complete application or demands that the petition be reviewed as is, without further revisions. If the applicant fails to provide additional information as requested or respond with a time when the information will be submitted within sixty (60) days of the request, the petition shall be deemed to have been withdrawn by the applicant. The applicant is entitled to one sixty-day extension upon request, provided that the request is made prior to the expiration of the sixty-day period.
E.
Within five (5) days of the determination of completeness or an applicant's demand for review of the petition as submitted, the city manager or his/her designee shall cause the complete petition for variance to be scheduled as an agenda item for the planning and zoning board at a meeting to be held within thirty (30) days of the receipt of the written petition, and the planning and zoning board shall make a recommendation as to the variance at that meeting, unless the applicant consents to an extension of time for the board's consideration.
F.
Within thirty (30) days of the consideration of the planning and zoning board, or forty-five (45) days in the event that revisions to the written petition are requested or recommended by the board or the city manager, the city manager shall then cause the petition to be considered by the city commission together with the recommendation of the planning and zoning board.
G.
The city manager or his/her designee shall cause notice of the public hearing to be sent to the applicant and to all the owners of real property within five hundred (500) feet from the boundary of the real property involved in the application for relief.
H.
The city commission shall render a decision in writing within ten (10) days after the scheduled hearing on the petition. If the petition for the variance is granted, the city commission shall cause a resolution to be made stating the terms and conditions upon which the variance has been granted and shall cause a copy of the resolution to be made a part of the municipal records of the city. If the petition for variance is denied, the city commission shall state in writing the reasons therefor.
(Ord. No. 2015-18, § 2, 11-18-2015)
The city's building, planning and zoning, and code enforcement departments, or their designees, shall be authorized to enforce the provisions of this article and pursuant to this authorization shall be empowered to cause citations to be issued for all violations of this article.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 3, 4-6-2023)
A.
Residential districts. Except for residential lots of record which are over two (2) acres in size, there shall be one (1) flagpole allowed per parcel or lot of record for the display of flags. For residential parcels greater than two (2) acres, two (2) flagpoles shall be permitted. The maximum size of any flag is twenty-four (24) square feet. Flags attached to an angled pole attached to a building shall not exceed fifteen (15) square feet. No flags of any commercial nature may be displayed within any residential districts.
B.
Maximum height. Except as set forth herein, the maximum height of the flagpole in any residential zoning district shall not exceed twenty-five (25) feet.
C.
Commercial, industrial, open space and community facility districts. Within all commercial, industrial, open space/recreation, and community facility zoning districts, up to two (2) flagpoles containing one (1) flag per flagpole only or one (1) flagpole containing no more than two (2) flags may be erected per property. The maximum height of a flagpole shall not exceed twenty-five (25) feet. In lieu of a flagpole, no more than two (2) flags may be attached to a building on a property. The maximum size of any one (1) flag on a flagpole shall not exceed twenty-four (24) square feet. Flags attached to an angled pole attached to a building shall not exceed fifteen (15) square feet. The location of any flagpole or flag must be identified on a site plan prior to receiving a building permit and may be no higher than the roofline of the first floor of the building. No flags of any commercial nature may be displayed within these districts.
D.
Maximum dimension. The maximum dimensions of any flag shall be twenty-four (24) square feet, except as provided for in subsection F below.
E.
Setback. The minimum setback of the flagpole from all property lines shall be equal to the height of pole or the required setback for the zoning district, whichever is greater.
F.
Cellular tower as flagpole. In the event that a flagpole is proposed to camouflage a cellular tower as part of a proposal to limit the adverse visual appearance of a lattice or other noncamouflaged cellular tower, the location of which is otherwise necessary, the city commission may allow a flagpole to reach a height greater than set forth herein and may allow for a flag size greater than set forth herein. If a flagpole is proposed to camouflage a cellular tower, the pole and flag size are subject to the following dimensional limitations:
G.
Site plan approval required. All flagpoles are required to obtain site plan approval in addition to obtain a building permit.
H.
Existing flagpoles. Any existing flagpole with a valid building permit is excluded from the height and setback requirements as set forth herein.
I.
Flags to be in good condition. All flags shall be in a good state of repair when being flown as determined by the city manager and/or his/her designee. If a flag has been determined to be in poor maintenance condition, the property owner shall have three (3) days to replace the poorly maintained flag with a flag in good state of repair.
J.
Penalties. It shall constitute a violation of the city Code, punishable as provided in this section, to intentionally or willfully:
1.
Fly a flag that is torn, tattered, ripped, faded, worn, damaged or not maintained;
2.
Fly a flag in violation of the United States Code, as may be amended from time to time.
3.
To otherwise fail to comply with this article.
Failure to comply with any part of this article shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment. Each day a violation exists shall be a separate violation. In addition, the city shall also have the right to revoke, refuse to issue, refuse to reissue, refuse to transfer, or refuse to renew any business tax receipt for any facility, business, entity or establishment where the violation occurred until such time as the violation and/or fine is corrected.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 4, 4-6-2023)
A.
Sign permits. Except for exempt signs, it shall be unlawful for any person to install, alter or cause to be installed or altered within the municipal limits of the city any sign otherwise allowed under this article and visible from a public right-of-way, whether permanent or temporary, without first having obtained a sign permit from the city. The sign permit shall be issued by the city only after determination has been made that the proposed sign fully complies with all conditions of this article.
B.
Building permits. When required by the Florida Building Code, a building permit shall be obtained to erect those signs or sign structures that are subject to the Florida Building Code. The requirement of a building permit is separate and apart from the requirement of a sign permit.
(Ord. No. 2015-18, § 2, 11-18-2015)
Applications for sign permits required by this article shall be filed with the city in conformance with an approved development plan and shall contain the following information:
A.
Name and address of owner of proposed sign or his authorized agent.
B.
Type of sign and/or structure with all relevant dimensions.
C.
Location of premises upon which sign is to be located and photographs of the area in which the sign is to be placed which includes adjacent signage of the area.
D.
A plan or design of the sign showing the square foot area of the sign as well as the sign face, height of letters, colors, materials, lighting, equipment if any, and its position relative to the building, the complete building elevation at a scale of no less than one (1) inch equals eighteen (18) feet, other signs on the building or within one hundred (100) feet of the property line.
E.
Two (2) separate scaled drawings of the proposed sign shown at a scale of one-half (½) inch equals one (1) foot. These drawings shall also contain all dimensions, size and colors.
F.
The drawings for all signs which are to be illuminated shall show the location of electrical outlets, conduits and lighting sources. The plan shall also indicate the intensity of illumination as certified by an electrical engineer, which shall not exceed the maximum specified herein.
G.
Cost of the sign.
H.
Such other information as may be required by the building official of the city in order to review the sign permit application for compliance with the city's signage and related land development regulations.
(Ord. No. 2015-18, § 2, 11-18-2015)
Permit fees for the erection of signs within the municipal limits of the city shall be as set in the building permit fee schedule as adopted by the commission. Other than the required building permit fee, there shall be no other fee for the erection or display of a sign.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
A sign permit application shall be delivered to the city manager or his/her designee for review and recommendations. The processing timeframes in this section may be waived by the applicant. Applications for wall signs which conform to criteria and standards previously approved by the city commission as part of a uniform sign program for a given commercial development may be approved administratively within fifteen (15) days of receipt of a complete permit application without necessity for further review and approval by either the planning and zoning board and city commission. All other sign permit applications and Community Appearance Board reviews of temporary signs inside a planned residential development per subsection 100-1540.C. shall be subject to review by the planning and zoning board and city commission as follows: Such applications shall be first reviewed by the city manager or his/her designee who shall, within fifteen (15) days of the receipt of such application, determine whether the sign permit application is complete or return an incomplete petition to the applicant. For complete applications, the city manager or his/her designee shall, within thirty (30) days of a determination of completeness prepare a recommendation for consideration by the planning and zoning board. The planning and zoning board shall consider the application at its next regularly scheduled meeting, or at a special meeting, so long as such meeting is within thirty (30) days after the determination of the application's completeness. At that time, the planning and zoning board shall review the same and make such recommendations (if any) it deems appropriate for consideration by the city commission.
B.
The city commission shall then consider the sign permit application and the recommendations, if any, of the planning and zoning board at the commission's next regularly scheduled meeting held within thirty (30) days after the matter has been heard by the planning and zoning board, but in no event later than sixty (60) days after the delivery of sign permit application to the city manager or his/her designee (even if the planning and zoning board has not reviewed the aforesaid application or has not made recommendations regarding the same). At that time, the city commission shall consider whether the proposed sign and/or sign structure complies with the city's sign regulations and applicable community appearance standards set forth in the city's land development code, and the city commission shall grant, grant with conditions, or deny the sign permit application within seven (7) days after such meeting. If the application is granted with conditions or if the application is denied, the conditions or the reasons for denial shall be set forth in writing and delivered to the applicant.
C.
If the city commission fails to act within the aforesaid time limits, or fails to state the conditions or reasons for denial in writing, the applicant shall be entitled to make a written request for the city commission to consider or reconsider the application. Such request shall be submitted by the applicant to the city commission within ten (10) days after the city commission's deadline for taking the described action, and the written request for reconsideration shall be heard at by the city commission within seven (7) days thereafter. At that time, the city commission shall address the applicant's request and take up or again consider whether the proposed sign and/or sign structure complies with the city's sign regulations and applicable community appearance standards, and the city commission shall grant, grant with conditions, or deny the sign permit application at such meeting. If the application is granted with conditions or if the application is denied, the conditions or the reasons for denial shall be set forth in writing and delivered to the applicant. If the city commission fails to take action within the time periods set forth above, the permit shall be deemed granted.
D.
If the sign permit application is granted, the permittee shall furnish the building official or his designee with photographs of the sign in place within thirty (30) days after the same is erected or constructed, and which shall show compliance with any and all height, size, setback, or other requirements of this article.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Sign permits issued under this article shall be good for the life of the sign approved. However, each and any sign permit may be revoked if the building official or his designee upon his determination that the sign is not in full compliance with the provisions of this article.
B.
If a sign authorized by any sign permit has not been constructed within the applicable time requirements of the Florida Building Code, then the sign permit shall automatically be revoked.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 5, 4-6-2023)
The following signs, while they may be covered by the general provisions of this article, shall be exempt from the sign permit requirements of this article. However, this exemption in no way waives requirements of the Florida Building Code or the city's adopted engineering standards or any limitation or restriction on the number, size, height, setback, placement or duration of such signs under this article or any limitation or restriction under any other applicable law or regulation:
A.
Private warning and safety signs.
B.
Noncommercial on-site directional signs.
C.
Nameplate signs.
D.
Street addresses that are required.
E.
Flags.
F.
Window signs.
G.
Temporary signs, as set forth in section 100-1540.
H.
Changes to the copy of an existing sign that do not require a building permit.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Design and structural requirements.
1.
All structural members utilized in the construction or erection of signs shall be concealed except for vertical supports or other supporting members which are designed and arranged so as to be an integral part of the aesthetic composition of a sign.
2.
All signs shall be designed so as to be architecturally compatible. No sign or sign face shall cross or disrupt architectural features of the building to which it is attached.
3.
Permanent freestanding signs are limited to monument signs. All of the following requirements shall apply to monument signs, and paragraphs c. and i. shall also apply to entrance wall feature signs:
a.
Applicants are encouraged to use the services of a design professional to create their sign and to utilize a well-qualified signage manufacturer to fabricate and install their sign.
b.
Monument signs must exhibit all of the following characteristics identified below:
1.
Combination of design, lighting, materials, or construction that exceeds industry standard quality such as natural stone, stainless steel or glass.
2.
Colors, typeface, and lighting that are contributing elements to the overall design of the sign.
3.
Design that is integrated as part of an overall design of the landscape, building or site.
4.
Design and dimensions shall respect and enhance the localized context of the area in which the sign will be placed.
c.
Sign structure height. Height shall be measured above the edge-of-pavement elevation of the nearest abutting road at its closest point to the sign location. Entrance wall feature signs shall not exceed six (6) feet in height. The maximum allowable height of a monument sign shall be as set forth below:
d.
Area. The maximum allowable area of a monument sign shall be as set forth below:
The maximum sign area permitted shall be permitted for each face of a double-faced sign, provided that the copy on the sign faces is identical.
e.
Sign copy. The maximum letter height allowed on a monument sign shall be as set forth below:
f.
Quantity. The maximum allowable number of monument signs shall be as set forth below:
g.
Setbacks. Monument signs shall be setback a minimum of six (6) feet from all property lines. Monument signs may be no closer than twenty-five (25) feet to the corner or intersection and shall not be located within a sight visibility triangle.
h.
Design. The sign base shall be, at a minimum, the same width as the sign structure, unless otherwise designed to take the form of an architectural enhancement that complements the design of the building(s) and plaza and coordinates with the uniform sign plan. A masonry or concrete base is not considered an architectural enhancement.
i.
Supports. All supporting members or materials utilized in the construction or erection of monument signs shall be concealed, except for supports or materials that are designed and arranged to be an integral part of the aesthetic composition of a sign.
j.
Landscaping. Permanent freestanding signs and entrance wall features shall be integrated into a broad, lush landscape that is sufficient to achieve a balance of scale such that the sign does not dominate the landscaping around it. This requirement for signs to be balanced in scale and extent by landscaping is a performance standard. The community appearance board shall determine whether the landscape materials, extent of landscaped area and composition of the landscaping comply with this performance standard. In no event, however, shall the landscaped area around the base of the sign be less than four (4) square feet for each square foot of sign area with landscape materials in accordance with subsection 95-1525.E.
4.
Wall signs on multiple-tenant and single-tenant buildings (including those on outparcels) located in the same commercial center shall be stylistically consistent and compatible with one another. The color and font/style of letters used for such signs shall be identical unless otherwise specifically approved by the city commission. The height of letters used for different signs in the same commercial center must fall within a four-inch range unless otherwise specifically approved by the city commission.
5.
All wood, whether used for new permanent signs, for replacement of existing signs, or for any part thereof, shall be rot and termite resistant, through open cell preservation methods as specified by the American Wood Preservation Association, or by any other open cell preservation treatment approved by the city.
6.
The use of lettering and sign design shall enhance the architectural character of the facade on which the sign is located.
7.
All signs must be removed immediately upon discontinuance of their intended or approved use.
8.
All signs are limited to one (1) sign face, except that freestanding signs and under canopy signs, are permitted to have two (2) sign faces. The interior angle between the opposing sign faces shall not exceed fifteen (15) degrees.
B.
Illumination. The following conditions and restrictions shall apply to illuminated signs:
1.
Except as hereinafter provided in this section, illuminated signs, or illumination in show windows, display windows, in or upon any building shall have the source of light concealed from view from the exterior of the building or structure.
2.
Permanent signs may be illuminated internally within channel letters, back lit for a silhouette effect (reverse channel letters), externally illuminated from the ground, or externally illuminated from an architectural (decorative) overhead full-cutoff fixture (i.e. a gooseneck lamp) that is integrated into the design of the sign or facade. Monument sign cabinets may be internally illuminated only if opaque cabinet panels with cut-outs for individual letters and characters are utilized, providing the appearance of channelized letters.
3.
External light sources shall be shielded, landscaped when ground-mounted and, except for decorative overhead architectural fixtures as provided in paragraph 2., above, not visible from any adjacent rights-of-way or residentially zoned or developed properties, or from dwelling units on upper stories within the same building on which the illuminated sign is located. Light fixtures that are architectural elements of a building need not be hidden from view, provided that the bulbs or other light source within the fixtures are shielded from view.
4.
Intensities of illumination in all cases shall be approved by the building official before the issuance of a sign permit for compliance with the following maximum illumination intensity levels:
5.
Illuminated signs located within five hundred (500) feet of a residential zone, and which are visible from such residential zone shall be turned off not later than 11:00 p.m. each night.
6.
No intermittent or flashing illumination will be permitted.
7.
All exterior electrical outlets for signs shall terminate in a galvanized box with a blank cover, which shall be flush with and not protrude beyond the finished surface of the exterior wall.
8.
Transformer boxes, outlets, conduits, and other accessory equipment for any sign shall be placed so that they are not visible from the exterior, and no face jumping shall be permitted.
9.
All lighting for all signs shall be designed to prevent light spillage from sign face, and shall not be of such intensity or brilliance as to cause glare, visual distraction or nuisance.
10.
The use of neon is limited to an internal light source for signs.
11.
Strip lighting shall not be used to border or outline a window, door, canopy or any portion thereof.
12.
Temporary and portable signs shall not be illuminated.
C.
Maintenance. Every sign, together with its framework, braces, angles, or other supports shall be maintained in a safe condition, properly secured, supported and braced to withstand wind pressure as required by the Florida Building Code or any other applicable regulatory code or ordinance in effect within the city limits.
D.
Location.
1.
No sign or support shall be placed in such position or manner as to obstruct or interfere, either physically or visually, with traffic circulation (pedestrian or vehicular), any fire alarm, police alarm, traffic signal or sign or any devices maintained by or under public authority.
2.
No sign over a walkway shall have a vertical clearance of less than eight (8) feet in height as measured from the bottom of the sign to the walkway.
3.
No sign shall be located within a sight visibility triangle.
E.
Reserved.
F.
Changeable copy signs. Changeable copy is permitted only as specified in this subsection.
1.
Within the community facilities district, up to fifty (50) percent of a single building wall sign face or ground sign face per primary or secondary thoroughfare frontage may be allocated for changeable copy.
2.
Up to twelve (12) square feet per monument sign may be allocated for changeable copy for motor fuel pump stations where required by a preempting federal or state law.
3.
[Reserved.]
4.
All changeable sign copy shall be static for a period of time not less than twelve (12) hours.
5.
Electronically changeable copy proposed within two hundred fifty (250) feet of a dwelling unit shall be reviewed for lighting control and mitigation in order that the lighting from the sign shall not result in a light intensity of greater than three-tenths (.3) foot-candle above ambient lighting, as measured at the property line or any residential property within two hundred fifty (250) feet of any residential property.
6.
A permit is not required for change of copy permitted under this subsection.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 6, 4-6-2023)
For any integrated multi-tenant commercial or industrial development in the city, a uniform sign program shall be established and approved by the city commission serving as the community appearance board, as required under the community appearance standards for signage in section 75-160, signage for commercial centers. Uniform sign programs for developments that include one (1) or more multiple-tenant monument signs shall provide standards to ensure the compatibility of lettering styles, sizes and colors, and to ensure that there are adequate white (blank) space in between lines of text and bordering the text at the sign edges. All uniform sign programs require community appearance board approval. Once the city approves a uniform sign program, no further community appearance board approval is required should the property owner authorize lettering styles or colors that deviate from those authorized in the uniform sign program, but which are protected by a federally registered trademark, provided that such signs comply with all other requirements of the uniform sign program.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2016-19, § 2, 11-2-2016)
Only such permanent signs as are authorized in this section shall be permitted to be erected or maintained upon any building, plot or parcel of land. Except for those sign types identified in subsections A. through D., below, city commission approval is required for all permanent signs through community appearance board approval of a uniform sign program or individual signs for properties exempt from uniform sign program approval. The following signs are permitted subject to stated regulations and conditions:
A.
Permanent private warning and safety signs, not to exceed four (4) square feet per sign up to a cumulative maximum of sixteen (16) square feet per property;
B.
Street address signs. All street address signs shall meet requirements set forth in section 4-61.1 of the Code of Ordinances.
C.
Nameplate signs in residential districts. Nameplate signs are permitted for each dwelling unit. Nameplate signs shall not exceed one and one-half (1½) square feet in size.
D.
Nameplate signs in nonresidential, nonagricultural districts. Nameplate signs are permitted at the front and rear of each building. Nameplate signs shall not exceed three (3) square feet in size. At the front of buildings with covered walkways, a nameplate sign may take the form of an identification sign hung at a ninety-degree angle or an identification sign located on a canopy or awning.
E.
Noncommercial on-site directional signs. In multifamily and nonresidential districts, and within common areas of master-planned residential developments that are dedicated to a property owners' association, noncommercial on-site directional signs not exceeding three (3) square feet shall be allowed as needed or required.
F.
Wall signs, under-canopy signs, marquee signs, monument signs, window signs, and on-site wayfinding signs:
1.
Permanent window signs are permitted in commercial zoning districts subject to the following standards:
a.
Permitted only on the ground floor of a building.
b.
Shall not cover more than fifteen (15) percent of the total window area.
c.
Maximum permitted letter height is eight (8) inches.
d.
Shall be comprised of graphic elements that are professionally created and applied to the window surface.
e.
Businesses are permitted one (1) illuminated sign on the interior side of a window, not to exceed three (3) square feet. If a glazed area contains illuminated signage and window signage, the illuminated sign area allowed is in addition to the fifteen (15) percent window signage allowance where such signs are displayed. All other illuminated signs are prohibited.
2.
For each owned, leased, or occupied space in nonresidential and nonagricultural districts, one (1) wall sign or one (1) marquee sign shall be allowed, not to exceed the size limitations delineated below:
a.
Corner frontages. A second such wall or marquess sign is allowed in the subject building space is located either on a corner lot or outparcel.
b.
Secondary public entrance. A second wall sign, not to exceed one half (½) maximum allowable sign area and one (1) line of copy, is also permitted when there is a secondary public entrance is on a different facade than the main entrance, and provided that such facade faces a primary or secondary thoroughfare, or parking lot that serves the establishment. The planning and zoning director shall have the authority to determine which entrance is primary and which is secondary.
c.
Service entrances. One (1) wall sign shall be permitted at the rear or side service entrance of each tenant within a multiple-tenant commercial building if the sign faces a thoroughfare or parking lot associated with the commercial building, limited to one-half (½) of the maximum allowable sign are or twelve (12) square feet in area, whichever is less.
d.
Only one (1) wall sign is permitted per facade elevation.
e.
All signs under this subsection must be approved through a master sign program.
3.
In multi-tenant commercial developments, on-site wayfinding signs shall be allowed not to exceed six (6) feet in height and twenty-four (24) square feet in area if applied by the city commission as part of a uniform sign program. Such signs shall be located, designed, and oriented to assist wayfinding only within the development site, not from the public right-of-way.
4.
In master-planned residential developments, on-site wayfinding signs and identification signs shall be allowed within common areas that are dedicated to a property owners' association for maintenance, not to exceed six (6) feet in height and twelve (12) square feet in area. Such signs shall be located, designed and oriented to assist wayfinding only from within the development site, and shall not be visible from any public right-of-way bordering the development.
5.
Under-canopy signs shall be permitted in commercial districts subject to the following standards:
a.
Sign area. Under-canopy signs shall not exceed four (4) square feet in area and shall not exceed one (1) line of copy.
b.
Mounting. Under-canopy signs shall be mounted a minimum of eight (8) feet above the surface of the walkway. Signs shall be mounted perpendicular to the facade of the adjacent storefront.
c.
Number. One (1) under-canopy sign shall be permitted for the main entrance for each tenant, not to exceed one (1) per business for each storefront occupied.
d.
Master sign plan. All under-canopy signs shall be shown on the master sign plan and shall be in conformance with the standards contained herein.
e.
Under-canopy signs shall not be counted towards the maximum permitted sign area.
f.
Under-canopy signs shall be permitted to be located under canopies and/or awnings for pedestrian view only.
g.
All signs under this subsection must be approved through a master sign program, except for commercial centers which possess an approved master sign plan, prior to adoption of this section. The addition of the under-canopy signs can be accomplished through a no-fee administrative process.
h.
Under-canopy signs shall be uniform throughout the development in regards to shape, design, location, color and lettering.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2019-001A, §§ 2(Exh. A), 9(Exh. H), 9-25-2019; Ord. No. 2023-002, § 7, 4-6-2023)
A.
General provisions:
1.
Only such temporary signs as are prescribed herein with the provisions of this article shall be placed, displayed and maintained upon any lot without the necessity of a sign permit.
2.
No signs permitted, however, shall exceed six (6) feet in height above the edge of pavement of the abutting road.
3.
Signs shall not be placed upon property without the permission of the owner of the property or other person in legal control of the property. It is unlawful to attach signs to rooftops, trees, shrubs, fences, walls, or utility or similar poles. All signs shall be discarded in a proper manner so as to prevent litter and trash from accumulating within the city. Signs shall be no closer than twenty-five (25) feet to the corner or intersection. Signs under three (3) square feet shall be set back a minimum distance of five (5) feet from the public or private right-of-way. Signs over three (3) square feet shall be set back a minimum distance of ten (10) feet from the public or private right-of-way. Different setbacks may be approved by the city manager or designee if necessary to assure the visibility of the sign in relation to landscaping and changes in ground elevation.
4.
Sandwich-type signs, other than those explicitly authorized in this section, are prohibited.
B.
Temporary real estate sign permitted in all zoning districts:
1.
One (1) freestanding sign allowed per plot. Temporary real estate signs are not allowed along the Sawgrass Expressway unless such lot only has frontage on the same, in which case, placement of such signs shall be a minimum of seventy-five (75) feet from the right-of-way line of the expressway.
2.
Sign area shall not exceed three (3) square feet in area and sign height shall not exceed three and one-half (3½) feet above the crown of the abutting road.
3.
One (1) additional sign may be hung from or attached to the approved sign only when the premises are available for inspection by the prospective buyer or tenant. Said additional attached sign shall not be larger than eight (8) inches in width nor twenty-four (24) inches in length.
4.
A temporary real estate sign shall be removed immediately following the closing of a sale or a rental, or a lease of the subject property has been accomplished.
5.
[Reserved.]
6.
Consistent with the severability provisions that are otherwise applicable to this article, in the event that subsection B. or any portion thereof is determined to be unconstitutional or invalid for any reason whatsoever, such determination shall not affect any other portion or provision of this article.
C.
Temporary signs permitted inside a planned residential development in Residential [zoning districts]:
1.
One (1) freestanding sign allowed adjacent to each model home in a planned residential development, with the sign area of each sign not to exceed six (6) square feet. One (1) additional sign of the same size may be displayed only when any model is open and available for inspection by the prospective purchaser.
2.
One (1) freestanding identification sign adjacent to each side of each site planned and platted vehicular entrance to the planned residential development, not exceeding thirty-two (32) square feet in area or six (6) feet in height above the edge of pavement of any abutting street or road.
3.
Temporary signs may be placed adjacent to the internal road network of a planned residential development that has open models, with the sign area of each sign limited to six (6) square feet.
4.
A temporary sign, limited to six square feet in sign area, may be placed adjacent to an amenity or destination within the planned residential development.
5.
All temporary signs permitted under this paragraph C. shall be:
a.
Set back from any adjacent public right-of-way a distance of at least one hundred (100) feet, but this setback shall not apply to signs permitted under paragraph C.2.; and
b.
Subject to community appearance board approval, applying the standards in section 22-290 [75-60], desirable general design elements; and
c.
May be displayed from the issuance of a building permit for a principal structure until:
(i)
The time that building permits have been issued for all but the lesser of ten (10) percent of the approved lots in the development or ten (10) lots, or
(ii)
Any time that there is no active building permit for thirty (30) consecutive days.
D.
Temporary signs permitted for development projects in all zoning districts:
1.
Active building permit: One (1) freestanding sign allowed per project with an active building permit. Sign area is not to exceed thirty-two (32) square feet, and shall be limited to six (6) square feet in single-family attached and detached developments. The sign may not be posted until preliminary building plans have been approved and shall be removed when the certificate of occupancy or completion is issued or the date that the building permit expires, whichever is earlier.
E.
Window signs. Temporary window signs are allowed in all zoning districts, shall not cover more than fifteen (15) percent of the window area, and may be located on or adjacent to the window. In the business zoning districts, temporary window sign no more than fifty (50) percent of the window area, may be placed directly on or adjacent to the window surface for a period of time not to exceed fourteen (14) days after the date of issuance of the initial occupational license or a one-time period at the initial beginning of the business.
F.
Banners. Banners are permitted only in strict accordance with this subsection.
1.
Eligibility for banners. An applicant for a building permit to erect a permanent wall identification sign may concurrently submit a sign permit application for a temporary banner sign that has the identical copy and color of the proposed permanent identification sign, and which does not exceed the size or any dimension of the permanent proposed sign. Upon determination by the planning and zoning director that the temporary sign complies with the requirements of this article, including the uniform sign plan for the property, the director shall issue a sign permit to allow installation of the banner sign. The banner sign may be displayed only in the location of the proposed permanent sign, and only until the permanent sign is legally installed. A temporary banner shall not be erected, used or displayed for a period exceeding six (6) weeks from the date that the application for building permit is submitted for the permanent signage, provided that if such building permit is not issued by the end of the six-week period, the temporary banner may remain for not more than two (2) additional weeks, and shall be removed on the fifty-seventh day following the submittal of the application for building permit for the permanent sign(s).
2.
Design standards for banners.
a.
Banners shall be constructed of durable material. Permitted banner materials are polyester, canvas, cotton duck, poplin, satin, ten-ounce or heavier vinyl, nylon, or similar material that the planning and zoning director determines is equally durable, and is similar in appearance and properties.
b.
Edges and corners must be clean, trimmed and reinforced by the manufacturer. Frayed or ripped edges are not permitted.
c.
All sign copy shall be printed by a professional sign manufacturer (for example: Digitally or transfer printed).
d.
Banners shall be maintained in good state of repair, with no visible fading or surface irregularities (for example: warping).
e.
Banners shall be flush-mounted to the face of a building or structural canopy below the roofline, or may be suspended between building columns. The banner and any mounting or support equipment shall not extend beyond the partition or end wall of the establishment erecting the banner. Freestanding banners shall be attached to temporary banner poles or similar supports designed specifically for banner mounting.
f.
Banners are subject to the minimum vertical clearance for permanent signs above sidewalks, pedestrian and vehicular ways, and shall not encroach within a sight distance triangle.
G.
Temporary noncommercial signs on private property.
1.
Temporary noncommercial signage, up to a cumulative area of six (6) square feet.
2.
An additional twelve (12) square feet of temporary noncommercial signage, for the ninety (90) calendar days prior to and seven (7) calendar days following any federal, state, county, or city election.
(Ord. No. 2015-18, § 2, 11-18-2015; Ord. No. 2023-002, § 8, 4-6-2023)
Editor's note— Sec. 9 of Ord. No. 2023-002, adopted April 6, 2023, deleted § 100-1550, which pertained to basic sign design schedule in all zoning districts, and derived from Ord. No. 2015-18, adopted November 1, 2015.
No sign shall be displayed or erected on property without the express permission of the property owner or the person in legal possession of the property.
(Ord. No. 2015-18, § 2, 11-18-2015)
A.
Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.
B.
Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection A. of this section, or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
C.
Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection A. of this section, or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under section 100-550, prohibited signs. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 100-550, prohibited signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 100-550, prohibited signs.
D.
Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.
(Ord. No. 2015-18, § 2, 11-18-2015)