Signs may be erected and maintained only when in compliance with the following provisions. Every sign or other advertising structure lawfully in existence on the adoption of this article shall be subject to all provisions of this chapter, including regulations pertaining to removal, maintenance, repair, and the like.

7.1.1 General Regulations

A.

Signs lettering or messages shall be classified as signs regardless of whether they are free standing, attached, painted, or projected to or on a principal or accessory building. In all cases, signs shall be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.

B.

No sign other than an official traffic-control sign shall be erected within the right-of-way lines of any street or public way.

C.

A permit-shall not be required for the erection, alteration, or maintenance of nameplate and identification, or sale or rental signs for single-family dwellings, permitted in residential districts, political signs not exceeding 4 square feet.

D.

A permit shall be required for the erection, alteration, reconstruction, painting, or producing by artificial light of any sign within the Village, except signs defined in the part C above.

E.

Lighting shall not be used to outline any building, fence, wall, or any other structure.

F.

No sign shall be permitted on any premises, improved or unimproved, except as provided in this chapter.

G.

Supporting structures for any sign shall not be included in determining the square foot area of the sign, provided that the supporting structure shall not carry any messages.

7.1.2 Signs in Residential Districts

A.

The following types of non-advertising signs of a stationary nature are permitted in all residential districts as follows.

B.

Signs indicating the name or address of the occupant, or designating an access drive to the property may be permitted in conjunction with a single-family dwelling provided that they shall not be larger than two square feet in area. Only two such signs per lot or main building shall be permitted. Banners must comply with temporary sign regulations.

C.

For multi-family dwellings and buildings other than single-family dwellings, a single identification sign, not exceeding ten square feet in area, not exceeding six feet in height above the lot grade, nor closer than ten feet to the front or street side lot line, and indicating only the name and address of the building and the name of the management may be displayed in the yard area provided that on a corner lot two such signs (one facing each street) shall be permitted. In addition to the permitted yard signs, one sign for each street frontage may be installed flat against the main wall of the building or an entrance wall, each such sign not exceeding 30 square feet in area.

D.

Signs advertising the sale or rental of the premises on which they are erected by the owner or broker or any other person interested in the sale or rental of the premises, and signs bearing the word sold or rented with the name of the persons effecting the sale or rental, may be erected or maintained, provided that the following regulations are fulfilled:

1.

The size of any sign is not in excess of six square feet.

2.

Not more than one sign is placed on any property.

3.

The sign or signs shall be removed within one week after the site or premises have been sold or rented.

4.

The signs are removed within five (5) days after completion or abandonment of the work.

7.1.3 Signs Accessory to Parking Areas

Signs designating entrances or exits to or from a parking area and limited to one sign for each entrance or exit and to a maximum size of two square feet each shall be permitted. One sign per parking area designating the conditions of use or identity of the parking area and limited to a maximum size of eight square feet shall be permitted.

7.1.4 Signs in Nonresidential Districts

Signs are permitted in nonresidential districts in accordance with the following regulations.

A.

The gross surface area of all signs on a lot with only one business or for each licensed business shall not exceed 80 square feet in area, and signs shall be approved as part of a site plan or premises development review.

B.

No commercial sign in a nonresidential district shall project more than three feet from the main wall of a building nor shall any business sign project into a public way.

C.

One free standing commercial sign may be permitted for each licensed business; however, the sign shall be included in the calculation of sign area as provided in Business Sign Schedule.

D.

No non-residential sign shall be higher than the height limit of the district where the sign is located, nor shall any sign be located on the roof line of any building, or project above the roof.

E.

The non-residential district sign shall be on-site and not off-site.

F.

Signs of schools, places of religious assembly, or other institutions of a similar public or semi-private nature may be erected and maintained, provided the following regulations are fulfilled:

1.

The size of any sign is not in excess of 32 square feet; and

2.

Not more than one sign is placed on the property unless the property fronts on more than one street, in which event two signs may be erected, one on each frontage.

G.

Signs advertising the development of the site on which they are erected, when erected in connection with the development of the site by a builder, contractor, developer, or other persons interested in the sale or development, may be erected and maintained provided the following regulations are met:

1.

No sign shall be erected until a building permit for construction on the site has been issued.

2.

The size of any sign is not in excess of 32 square feet.

3.

No more than one sign is placed on any property.

4.

Any sign shall be removed by the developer within 30 days of the completion or abandonment of the project.

5.

No sign shall be placed closer than ten feet to the front or street side lot line.

H.

Signs of mechanics, painters, and other tradesmen may be erected and maintained during the period the persons are performing work on the site on which the signs are erected, provided the following regulations are fulfilled:

1.

Only one sign for each tradesmen is displayed.

2.

The size is not in excess of six square feet.

3.

No sign shall be closer than 10 feet to the front or street side lot line.

I.

Temporary Signs

A permit for a temporary sign shall be approved for a period not to exceed thirty (30) days, and may not be renewed more than three (3) times within a calendar year. Temporary signs shall not exceed thirty two (32) square feet.

7.1.5 Political Signs

Temporary political signs not exceeding four (4) square feet in area shall be permitted on any property.

A.

Maximum number:

i)

Not more than one (1) sign per candidate or ballot measure shall be placed upon any property. If a property fronts two (2) roads a second sign is allowed.

ii)

Altogether there shall be no more than three (3) temporary two-sided signs on any one (1) property.

iii)

Temporary signs located on public property shall be deemed to be public property and shall be summarily removed by the village.

B.

Maximum height: six (6) feet, including supports for the sign.

7.1.6 No Defense to Nuisance Action

Compliance with the requirements of these regulations shall not constitute a defense to an action brought to abate a nuisance under the common law.

7.1.7 Maintenance

All signs for which authorization is required by this Code, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the Village, and shall present a neat and clean appearance. The vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten (10) feet shall be neatly trimmed and free of unsightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.

(Ord. No. 365, § 2, 8-20-20; Ord. No. 374, § 2, 10-20-22)

banner: A sign painted on cloth or canvas, hung or fixed in a place or manner so as to be visible to the public.

billboard: A surface whereon advertising matter is set in view conspicuously and which advertising does not apply to site or any use of premises wherein it is displayed or posted. A permanent ground sign supported by a structure attached to which is a single or double face the bottoms of which are at least 20 feet above the ground and in which each face is at least 200 square feet in size.

sign: Any device or visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

sign area: The entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals, or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letter or devices. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be so constructed that the perimeter of both faces coincide and are parallel and not more than 24 inches apart.

sign, awning, canopy, marquee: A sign painted, stamped, perforated, stitched, or otherwise applied on the valance or surface of an awning. An illuminated architectural canopy sign (backlit awning) is an enclosed, illuminated structure that is attached to the wall of a building with the face of the sign approximately parallel to the wall and with the message integrated into its face.

sign, electronic message board: Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

sign, flashing: Any sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of motion or revolves in a manner to create the illusion of being on or off.

sign, free standing: A sign supported by one or more upright poles, columns, or braces in or on the ground and not attached to any building or structure, and which the advertising content applies to use of the premises wherein it is displayed or posted.

sign, illuminated: A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source including indirect lighting, incandescent/lights, back-lighting, and shall also include signs with reflectors that depend upon automobile headlights for an image. This definition excludes neon.

sign, permanent: A permanent ground sign supported by a structure attached to which is a single or double face, the bottoms of which are at least 20 feet above the ground and in which each face is at least 200 square feet.

sign, portable: Any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is so parked as to attract the attention of the motoring of pedestrian traffic.

sign, projecting: Any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure, including a marquee sign.

sign, roof: Any sign erected upon, against, or directly above a roof or roof eave, or on the top or above the parapet, or on a functional architectural appendage above the roof or roof eave.

sign, temporary: A sign intended for use only for a limited period of time.

sign, wall: A sign painted on the outside of a building, or attached to, and erected parallel to the face of a building and supported throughout its length by such building.

The following signs are exempt from the operation of these sign regulations, and from the requirement in this Code that authorization be obtained for the erection of permanent signs, provided they are not placed or constructed so as to create a hazard of any kind:

A.

Signs necessary to promote health, safety and welfare, and other regulatory, statutory, traffic control or directional signs erected on public property with permission as appropriate from the State of Florida, the United States, the Miami-Dade County, or the Village of Virginia Gardens.

B.

Legal notices and official instruments.

C.

Merchandise displays behind storefront windows so long as no part of the display moves or contains flashing lights.

D.

Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of a building.

E.

Decorative flags and bunting for a celebration, convention, or commemoration of significance to the entire community when authorized by the Village Commission for a prescribed period of time.

F.

Holiday lights and decorations.

G.

Works of art that do not constitute advertising and have been approved by the Planning and Zoning Board.

H.

Religious displays.

I.

Signs carried by a person.

J.

Real estate signs not exceeding eight square feet in area which advertise the sale, rental, or lease of premises upon which the signs are located only.

K.

Bulletin boards not over eight square feet in area for public, charitable, or religious institutions when the same are located on the premises of the institutions.

L.

Signs denoting the architect, engineer, or contractor when placed upon work under construction and not exceeding 16 square feet in area.

7.4.1 General

It shall be unlawful to erect, cause to erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from, this Code.

7.4.2 Specific

The following signs are expressly prohibited unless exempted by Section 7.3 Exempt Signs: Any sign that, in the opinion of the Village Council, does or will constitute a safety hazard:

A.

Blank temporary signs.

B.

Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles.

C.

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

D.

Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity of color except for time-temperature-date signs.

E.

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

F.

Signs, commonly referred to as wind signs or air supported signs, consisting of one or more banners, flags, pennants, ribbons, spinners, streamers, captive or tethered balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind or to rise by means of air or gas, except for a temporary use of thirty (30) days.

G.

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

H.

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

I.

Billboard or outdoor advertising signs.

J.

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

K.

Signs placed upon benches, bus shelters or waste receptacles, except as may be authorized in writing pursuant to the Section 337.407, Florida Statutes.

L.

Signs erected over or across any public street except as may otherwise be expressly authorized by this Code, and except governmental signs erected by or on the order of a public officer.

M.

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; and

3.

Is not regularly used in the conduct of the business advertised on the vehicle. A vehicle used primarily for advertising, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle used in the conduct of the business.

N.

Signs displaying copy that is harmful to minors.

O.

Portable signs as defined by this Code.

7.4.3 Obscene Matter Prohibited

It shall be unlawful for any person to display upon any sign or other advertising structure and obscene, indecent, or immoral matter.

7.5.1 Time-Temperature-Date Signs

Time-temperature-date signs are permitted as a permanent accessory sign on commercially developed parcels notwithstanding the general prohibition on changing signs. These signs may only display numerical information in an easily comprehensible way and shall be kept accurate. They may be ground or building signs, and are subject to the regulations applicable to such signs. They shall be counted as part of an occupancy's allowable sign area.

7.5.2 Directional Signs

Directional signs limited in area to four (4) square feet, giving directions to motorists regarding the location of parking areas and access drives on all parcels and shall not be counted as part of an occupancy's allowable sign area.

7.5.3 Flags

A.

Not more than three flags or insignias of governmental, religious, charitable, fraternal or other organizations may be displayed on any parcel of land.

B.

The maximum size from top to bottom of any flag shall be twenty (20) percent of the total height of the flag pole, or in the absence of the flag pole, twenty (20) percent of the distance from top of the flag or insignia to the ground.

C.

Flag poles are not to exceed a maximum height of twenty (20) feet above finished grade in residential districts and forty (40) feet above finished ground in non-residential districts.

7.5.4 Utility Signs

Public utility signs that identify the location of underground utility lines and facilities, high voltage lines and facilities, and other utility facilities and appurtenances are permitted so long as they do not exceed three (3) feet in height, and so long as the sign face does not exceed one-half (1/2) square foot.

7.6.1 Sign Area

A.

The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the sign face.

B.

Where a sign is composed of letters or pictures attached directly to a facade, window, door, or marquee, and the letters or pictures are not enclosed by a border or trimming, the sign area shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points of the letters or pictures.

C.

Where two sign faces of identical size and shape are placed back to back on a single sign structure, and the faces are at no point more than four (4) feet apart, the area of the sign shall be counted as the area of one (1) of the faces.

D.

Where a sign has four faces arranged in a square, rectangle, or a diamond, the area of the sign shall be the area of the two largest faces.

E.

Where a sign is in the form of a three-dimensional object, the area shall be determined by drawing a square, rectangle, parallelogram, circle or semicircle, the sides of which touch the extreme points or edges of the projected image of the sign and multiplying that area by two (2). The "projected image" is that image created by tracing the largest possible two dimensional outline of the sign.

F.

Corporate logos shall be included in measuring the size and number of signage on a single building.

7.6.2 Facade Area

The facade area shall be measured by determining the area within a two-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees, and roof slopes of greater than forty-five (45) degrees that form a side of a building or unit.

7.6.3 Sign Height

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

7.6.4 Number of Signs

A.

In general, the number of signs shall be the number of non-contiguous sign faces. Multiple non-contiguous sign faces may be counted as a single sign if all the sign faces are included in the geometric figure used for determining the sign area. One sign is allowed per each Licensed Business.

B.

Where two sign faces of identical size and shape are placed back to back and are at no point more than four (4) feet apart, it shall be counted as one sign.

C.

If a sign has four faces arranged in a square, rectangle or diamond, it shall be counted as two signs.

(Ord. No. 374, § 2, 10-20-22)

7.7.1 General

All permanent signs must comply with the following design, construction and location standards.

7.7.2 Compliance with Building and Electrical Codes Required

All permanent signs, and the illumination thereof, shall be designed, constructed and maintained in conformity with applicable provisions of the building and electrical codes adopted by the Village and Miami-Dade County.

7.7.3 Illumination Standards

A.

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

B.

Illumination by floodlights or spotlights is permissible so long as none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets.

C.

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

7.7.4 Placement Standards

A.

Near Street and Driveway Intersections

Sign in excess of two (2) feet in height and located within a vision triangle, as defined by this Code, must conform to the following:

1.

A clear vertical space must be maintained between a distance of three (3) feet and eight (8) feet above the highest crown of any adjacent street.

2.

The sign must be supported by a single structure that does not exceed eight (8) inches in diameter.

B.

Over or in Right-Of-Way

Supports for signs or sign structures shall not be placed in or upon a public right of way or public easement, except under the terms of a lease between the owner and the easement or right of way and the owner of the sign.

C.

Setback Requirements (Except General Commercial District)

1.

No sign displaying an area of 32 square feet or less shall be placed within 25 feet of the pavement of any public street or roadway within the corporate limits of the Village.

2.

No sign displaying more than 32 square feet of any surface or face shall be maintained within 50 feet of the nearest edge of the pavement of any public street or roadway

3.

Within the corporate limits of the Village, nor shall any signs, regardless of area, be erected or maintained nearer then 50 feet from any adjoining property line; nor shall any sign be erected within 300 feet of an existing sign of an area of more than 32 square feet.

7.7.5 Clearance Standards

A.

All signs over pedestrian ways shall provide a minimum of seven (7) feet six (6) inches of clearance.

B.

All signs over vehicular ways shall provide a minimum of fourteen (14) feet of vehicle clearance.

7.7.6 Maximum Projection

A building sign may project no more than four (4) feet perpendicularly from the surface to which it is attached.

7.7.7 Maximum Window Coverage

The combined area of permanent and temporary signs placed on or behind windows shall not exceed twenty-five (25) percent of the total window area at the same floor level on the side of the building or unit upon which the signs are displayed.

7.8.1 General

The erection of a permanent sign that is not exempt under this Code is a development activity requiring authorization pursuant to this Code. No authorization to erect a sign shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.

7.8.2 Sign Permit Application

Applications for sign permit shall be made to the Village Clerk, and shall contain or have attached thereto the following information:

A.

Information Required

1.

Name, address, and telephone number of the applicant.

2.

Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.

3.

Position of-the sign or other advertising structure in relation to nearby buildings, structure, and property lines.

4.

Two sets of the plans and specifications and method of construction and attachment to the building or in the ground. A current signed and sealed boundary survey prepared by a licensed surveyor.

5.

Name of person, firm, corporation, or association erecting structure.

6.

Written consent of the owner of the building, structure, or land on which the structure is to be erected.

7.

Any electrical permit required and issued for the sign.

8.

Such other information as the Village Clerk or the Village Chief Building Official in consultation with Village Attorney shall require to show full compliance with this and all other laws and ordinances of the Village.

9.

Planning and Zoning Board, Village Mayor or Mayor's designee

10.

It shall be the duty of the Planning and Zoning Board to examine the plans and specifications of the proposed sign and to provide written recommendation to the Village Council for decision as to the granting of a permit. When questions of fact arise regarding the proposed structure of the sign, the Board shall secure a written opinion from the Village Mayor or Mayor's designee. If the work authorized under the sign permit has not been completed within six months after date of issuance, the permit shall become expired, and a renewal shall be requested.

7.8.3 Revocation of Permit

The Village Chief Building Official in consultation with Village Attorney is hereby authorized and empowered to revoke any permit issued by him/her upon failure of the holder thereof to comply with any provisions of this chapter.

7.8.4 Penalty

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $200 or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day such violation is committed, or permitted to continue, shall constitute 4 separate offenses and shall be punishable as such hereunder.