SIGNS
(A)
Permit required. No person shall erect or assist in the erection, construction, maintenance, alteration, relocation, repair, or do any work upon any sign for which a sign permit, and any other required permit, has not been obtained. Any such sign shall be illegal and is a violation of this section. Structural and safety features and electrical systems shall be in accordance with the requirements of the city's adopted Construction/Building Code. No sign shall be approved for use unless it has been inspected and found to be in compliance with all the requirements of this Code.
(B)
Application; determination of completeness. Before any sign permit is issued, a written application, in the form provided by the City Manager, or his or her designee, shall be filed, together with such drawings and specifications as may be necessary to fully advise the city of the location, construction, materials, manner of illuminating, method of securing or fastening, the number of signs applied for, the consent of the property owner, and the wording of the sign. Upon the submission of an application, staff shall have ten business days to determine whether it is complete. If staff finds that the application is not complete, they shall provide the applicant with written notice of the deficiencies within the ten-day period. Upon resubmission of the application, staff shall have five additional business days to determine whether the applicant's revisions are sufficient to complete the application. If they are not, staff will again inform the applicant of any remaining deficiencies in writing. This process shall continue until the applicant has submitted a complete application, or demands that the application be reviewed "as is."
(C)
Administrative review.
(1)
Administrative review of sign permit applications shall include the following:
(a)
Review of all information submitted to determine conformity with this Code.
(b)
An on-site inspection of the proposed sign location.
(2)
The City Manager, or his or her designee, shall approve or deny the sign permit based on whether it complies with the requirements of this Code, and shall approve or deny the sign permit within 30 calendar days after receipt of a complete application or from the date the applicant demands that the application be reviewed "as is". The City Manager, or his or her designee, shall prepare a written notice of his or her decision, describing the applicant's appeal rights, and send it by certified mail, return receipt requested, to the applicant. The applicant may file a written notice of appeal to the City Council within 15 calendar days after the date of receipt of the county's written notice. The City Council shall hear and decide the appeal at the next available Council meeting that is at least 30 calendar days after the date of receiving the written notice of appeal. If the City Council does not grant the appeal, then the appellant may immediately seek relief in the Circuit Court for Pasco County, as provided by law.
(D)
Time limitations. An application for a sign permit for any proposed work shall be deemed to have been abandoned six months after the date of filing for the sign permit, unless before then a sign permit has been issued. One or more extensions of time for a period of not more than 90 days each may be allowed by the City Manager, or his or her designee, for the application, provided the extension is requested in writing and justifiable cause is demonstrated.
(E)
Time to complete construction. Every sign permit issued shall become invalid unless the work authorized by such sign permit is commenced within six months after its issuance, or if the work authorized by such sign permit is suspended or abandoned for a period of six months after the time the work is commenced. If a building permit for the sign is applied for within 30 days after the sign permit is issued and building permit is issued, the work authorized by the sign permit shall be commenced within six months after issuance of the building permit. If the work has commenced and the sign permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new sign permit covering the proposed work shall be obtained before proceeding with the work.
(F)
Sign permit tag. For each permit issued, the permittee shall permanently affix a permit identification tag which shall be printed or impressed thereon a number corresponding to the permit number plus any additional information deemed appropriate by the City Manager or his or her designee subject to the following:
(1)
No sign as herein defined, unless specifically exempted, shall be erected, displayed, rebuilt, repaired, or otherwise maintained which does not have such tag securely attached thereto, or to its supporting structure in such a manner as to be plainly visible from the street or roadway.
(2)
The absence of an identification tag shall be prima facie evidence that the sign or advertising structure is being operated in violation of the provisions of this Code.
(3)
The permittee is responsible for maintaining a valid permit tag on each permitted sign at all times.
(4)
Said tag shall be no smaller than five inches by two inches and shall contain numbers not less than one inch high.
(5)
The permit will become void unless the permit tag is properly displayed on the permitted sign within 30 days after the completion of the installation of said sign.
(G)
Permit revocation. The City Manager or his or her designee is hereby authorized and empowered to revoke, in writing, any permit issued by him or her upon failure of the holder thereof to comply with the provisions of this Code or if the permit was issued on the basis of misstatement of facts or fraud by the applicant. The written revocation shall describe the appeal process. The City Manager, or his or her designee, shall send the revocation by certified mail, return receipt requested, to the sign owner. Any person having an interest in the sign or property may appeal the revocation, by filing a written notice of appeal with the City Council within 15 calendar days after receipt of the written notice of revocation. The City Council shall hear and decide the appeal within 30 calendar days after the date of receiving the written notice of appeal. If the City Council does not grant the appeal, then the appellant may immediately seek relief in the Circuit Court for Pasco County, as provided by law.
(H)
Relationship to other permits. No permit for any on-site sign shall be issued by the city until a building permit or development has been issued for the establishment to which it relates.
(Ord. 1253-15, passed 4-13-2015)
Before any permit is issued under the provisions of this Code, the applicant shall, at the time application is made, pay such fees as established by resolution of the City Council, which resolution may be amended from time to time.
(Ord. 1253-15, passed 4-13-2015)
(A)
The purpose and intent of this section is to establish a set of standards for the fabrication, erection, use, maintenance, and alteration of signs, symbols, markings, or advertising devices within the city. The standards are designed to protect and promote the health, safety, and welfare of persons within the city by providing regulations which allow and encourage creativity, effectiveness, and flexibility in the design and use of such devices while promoting traffic safety and avoiding an environment that encourages visual blight.
(B)
It is not the purpose of this section to regulate or control the copy, the content, or the viewpoint of signs. Nor is it the intent of this section to afford greater protection to commercial speech than to noncommercial speech. Any sign, display or device allowed under this section may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with all other requirements of this section. If any or all of the other provisions of this section are held to be unconstitutional, it is the explicit intent of the City Council that, at a minimum, the standards in Article VIII be considered severable and enforced as the minimum standards for signs in the city.
(C)
This section is intended to establish a coordinated graphic program that provides for occupant identification and directional communication, while allowing the creation of unique and informative signs. These guidelines are not intended to prohibit the design of unusual signs that may enhance the character of the building, or reflect the nature of the business or use.
(D)
Notwithstanding any code provision to the contrary, neither the City Council nor any board of the city may grant a variance allowing the erection of any sign in conflict of this article.
(E)
This section is intended to be consistent with the city's Comprehensive Plan.
(Ord. 1253-15, passed 4-13-2015)
In the event any of the provisions of this section are in conflict with other applicable requirements, the more restrictive requirements shall apply.
(Ord. 1253-15, passed 4-13-2015)
Any sign not specifically permitted, exempted, or authorized by this section is prohibited; provided, however, that any authorized or permitted sign under this section is allowed to contain non-commercial speech in lieu of any other speech. The following types of signs are specifically prohibited except as otherwise provided by this section:
(A)
Activated signs and devices.
(B)
Revolving signs.
(C)
Snipe signs.
(D)
Signs other than sandwich signs placed on the sidewalk or curb.
(E)
Swinging signs.
(F)
Vehicle signs.
(G)
Signs which imitate or resemble any official traffic or government sign, signal or device. Signs which obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal or device.
(H)
Any sign which:
(1)
Has unshielded illuminated devices that produce glare or are a hazard or nuisance to motorists or occupants of adjacent properties.
(2)
Due to any lighting or control mechanism, causes radio, television, or other communication interference.
(3)
Is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation.
(4)
Projects in excess of 18 inches over a dedicated public street alley, sidewalk, or private or public roadway.
(5)
Is erected on public property or a public right-of-way, except government signs or other signs as expressly allowed in the Code.
(I)
Bench signs.
(J)
Abandoned signs.
(K)
Inflatable signs or devices.
(L)
Illegal signs.
(M)
Beacon lights.
(N)
Roof signs.
(O)
Back to back sign faces at an angle that exceeds 45 degrees.
(P)
Window signs which, in aggregate, cover more than 25 percent of the total window surface.
(Q)
Signs in or upon any river, bay, lake, or other body of water within the incorporated limits of the city. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs.
(R)
Pole signs.
(S)
Multi-prism signs.
(T)
Portable signs.
(U)
Pennants.
(V)
Festoons.
(W)
Banner signs and advertising balloons which do not comply with this article.
(X)
Sandwich signs that do not meet the requirements of this article.
(Y)
Outdoor advertising signs.
(Z)
Animation signs.
(Ord. 1253-15, passed 4-13-2015)
The following signs are exempted from permit requirements, provided, however, that such signs are erected in conformance with all other requirements of this section. All signs set forth in this section that does not meet the requirements set forth herein for an exemption or permit are prohibited.
(A)
A permit is not required to change or replace the advertising copy, message or sign face on changeable copy signs. However, the change or replacement of advertising copy, message or sign face must not enlarge or increase the sign surface area, sign structure area, nor adversely affect the original design integrity. If, in order to change or replace the advertising copy, message or sign face, the supporting sign structure must be unfastened, loosened or removed, then a sign permit shall be required. Copy shall not be replaced such that the sign changes from an on-site sign to an off-site sign.
(B)
Government signs.
(C)
Flags, emblems, or insignia of any nation, state, or political subdivision, religious, charitable, political, social or fraternal organization when displayed on a single pole or other supporting structure.
(D)
Holiday, seasonal, or commemorative decorations provided that such signs are not displayed for a period of more than 60 days.
(E)
Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
(F)
In nonresidential districts, two directional signs per driveway, which signs shall be located on and pertaining to a parcel of private property. Each sign shall not exceed four square feet in sign surface area and 30 inches in height. If such sign is to be illuminated, then an electrical permit shall be obtained. Directional signs may be placed with a one foot setback from the right-of-way provided that such signs meet all other applicable regulations. The square footage of directional signs shall not be counted as part of the maximum allowable square footage for any parcel.
(G)
In residential districts, one non-illuminated identification sign used to identify the address and occupant of the residence not to exceed two square feet in sign surface area. This sign may not be used to advertise any home occupation.
(H)
One non-illuminated real estate sign may be displayed per street frontage, subject to the following restrictions:
(1)
In residential zoning districts.
(a)
Maximum four and one-half square feet in sign surface area, where the property being advertised or developed has a street frontage of less than 500 feet. In E-R, a maximum of six square feet in sign surface area. If the parcel borders a navigable waterway, one additional real estate sign may be placed on the waterfront side of the property.
(b)
Maximum eight square feet in sign surface area, where the property being advertised or developed has a street frontage of 500 feet or more.
(c)
Such signs shall not exceed six feet in height, shall not be posted prior to the listing of the property for sale or lease or the filing of applications for the development of the property, and shall be removed within 30 days after the sale or lease of the property, or the completion of development as evidenced by the issuance of a certificate of occupancy.
(2)
In nonresidential districts.
(a)
Maximum 32 square feet in sign surface area.
(b)
Such signs shall not exceed ten feet in height, shall not be posted prior to the listing of the property for sale or lease or the filing of applications for the development of the property, and shall be removed within 30 days after the lease or sale of the property, or the completion of development as evidenced by the issuance of a certificate of occupancy.
(3)
Multiple listing strips, broker identification strips, and sold signs are allowed when attached to a real estate sign. Signs shall be removed when ownership has changed or the property is no longer for sale or lease or under development. Multiple listing strips, broker identification strips and sold signs shall not be counted as part of the maximum square footage permitted for real estate signs nor shall real estate signs be considered as part of the maximum square footage permitted on any parcel.
(I)
Window signs which comprise, in aggregate, 25 percent of the total window area or less.
(J)
Signs incorporated on machinery or equipment at the manufacturer's or distributor's level, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps. Such signs shall not be counted as part of the maximum square footage permitted on any parcel.
(K)
Interior signs which are displayed on the inside of a building and not visible from a public place. Such signs shall not be counted as part of the maximum square footage permitted on any parcel.
(L)
"No Trespassing" or "No Dumping" signs, not exceeding one sign every 500 feet along boundaries of and at each corner of the posted property, four in number per acre, and no one sign exceeding two square feet in sign surface area.
(M)
Noncommercial, on-site signs not included in this section, which are less than four square feet in sign surface area and 30 inches in height, provided that they are not displayed for more than 14 consecutive days nor more than 28 days per year.
(N)
Warning signs, provided that warning signs do not exceed four square feet in sign surface area.
(O)
Directional signs related to construction located within the development where building or development permits/approvals have been issued by the city, and not to exceed four square feet in sign surface area and 30 inches in height.
(P)
One construction sign per street frontage provided that the following conditions are met:
(1)
Such sign is not illuminated; and
(2)
Such sign shall be authorized only when active building or construction is taking place; and
(3)
Such sign shall contain only on-site advertising; and
(4)
All such signs shall be removed or made to conform to the provisions of this section when a certificate of occupancy is issued; and
(5)
The height and size of all construction signs shall be limited according to the following restrictions:
(a)
In residential zoning districts:
1.
Maximum four and one-half square feet in sign surface area where the property being constructed has a street frontage of less than 500 feet. The sign shall not exceed six feet in height.
2.
Maximum eight square feet in sign surface area where the property being constructed has a street frontage of 500 feet or more. The sign shall not exceed six feet in height.
(b)
In all other districts:
1.
Maximum eight square feet in sign surface area, where the property being constructed has a street frontage less than 200 feet. The sign shall not exceed ten feet in height.
2.
Maximum 16 square feet in sign surface area, where the property being constructed has a street frontage of 200 feet or more. The sign shall not exceed ten feet in height.
(Q)
Two non-illuminated political campaign signs per candidate or issue for each residential or nonresidential parcel not to exceed eight square feet in area.
(R)
In nonresidential zoning districts, one sandwich sign per business establishment having a certificate of occupancy placed on the sidewalk no further than five feet from the main entrance door of the structure of the establishment and with a maximum height of three and a half feet and maximum sign structure width of two feet. The sign shall not be placed in the public right-of-way and shall not be placed so as to obstruct pedestrian traffic along the sidewalk.
(Ord. 1253-15, passed 4-13-2015)
(A)
Any sign, lawfully erected within the city on the effective date of this Code which does not conform to the requirements of this Code, shall be treated as a nonconforming sign pursuant to this section.
(B)
The following signs shall be removed or made to conform to this section within 90 days from the effective date thereof:
(1)
All temporary signs other than those allowed herein.
(2)
All prohibited signs except outdoor advertising structures.
(C)
Any nonconforming on-site sign which is destroyed, substantially damaged (51 percent of the value of the day prior) or replaced, shall not be rebuilt except in conformity with this section.
(D)
A nonconforming on-site sign shall not be replaced by another nonconforming sign. However, substitution of letters, poster panels, and painted boards, or demountable material on nonconforming signs shall be allowed. The provisions of this section do not apply to signs relocated or reconstructed as a result of condemnation action by any governmental agency as provided for in this Code. Routine repair and maintenance is allowed as long as it does not increase the sign surface area, sign structure area or height of the sign.
(E)
Any electronic message center (EMC) sign lawfully existing made non-conforming upon adoption of ordinance changes regarding, movement and brightness shall be brought into compliance within 60 days of approval of such ordinance.
(Ord. 1253-15, passed 4-13-2015)
Menu signs for drive-through restaurants. In addition to the signs otherwise permitted by these sign regulations, a drive-through restaurant shall be permitted one menu sign placed in proximity to the drive-through lane for the purpose of ordering. Such sign shall be setback to the minimum building setback for the appropriate zoning district, or 40 feet, whichever is less; shall have a sign surface area not exceeding 24 square feet; and shall require a sign permit.
(Ord. 1253-15, passed 4-13-2015)
An abandoned sign is prohibited and is a violation of this section. Permanent on-site signs applicable to a business temporarily suspended because of a change in ownership or management shall not be deemed to be abandoned unless the property remains vacant for a period of six consecutive months or more. During that time, the owner shall maintain the sign as required by this section, and shall replace or cover the copy relating to the prior business with an opaque covering, ensuring that all internal fixtures of the sign remain covered.
(Ord. 1253-15, passed 4-13-2015)
(A)
Allowance of certain signs. The following signs may be erected in rights-of-way within the city and shall be exempt from the regulatory provisions of this Section. Such structures must also comply with applicable provisions of the City of Zephyrhills Right-of-way Use Ordinance and the Building Code.
(1)
Government signs;
(2)
Traffic-control devices.
(3)
Temporary event signs for not-for-profit or governmental organizations. Such signs must be removed within two days after the event they advertise.
(B)
Prohibition of all other signs on rights-of-way. With the exception of signs permitted in division (A) above, it shall be unlawful for any person, firm, corporation or other entity, for its own or the benefit of another, to erect, place, post, install, affix, attach or in any other way locate or maintain a sign upon, within or otherwise encroaching on a right-of-way or upon a structure located within such a right-of-way. Information contained in any sign, including names, addresses or phone numbers of persons or entities benefiting from or advertising on the sign shall be sufficient evidence of ownership or beneficial use or interest for purposes of enforcing this section. More than one person or entity may be deemed jointly and severally liable for the placement or erection of the same sign. Each unlawful sign shall be deemed a separate violation of this section.
(Ord. 1253-15, passed 4-13-2015)
(A)
General regulations.
(1)
For the purpose of determining the spacing requirement found in this section, distances shall be measured from the leading edge of the sign structure to the property line of the property from which the distance is being measured.
(2)
Illuminated signs, including neon signs, shall not produce more than one foot-candle of illumination four feet from the sign, when measured from the base of such sign. Exposed neon tubing shall not be permitted on ground signs.
(3)
Signs shall not be placed in the clear site triangle.
(B)
Standards for on-site signs in residential districts. The following signs may be erected in residential zoning districts:
(1)
One double-faced or two single-faced permanent subdivision sign(s) may be located at each entrance to a platted subdivision provided that all of the following requirements are met:
(a)
The sign shall not create a physical or visual hazard for pedestrians or motorists entering or leaving the subdivision and shall be set back a minimum of five feet from the right-of-way line and 20 feet from the intersection of the rights-of-way.
(b)
An individual firm, partnership, association, corporation, or other legal entity other than the City of Zephyrhills shall be designated as the person responsible for perpetual maintenance of the subdivision sign.
(c)
Each sign surface shall not exceed ten feet in height and 40 square feet in sign surface area.
(d)
If single faced, the two signs shall be located on opposite sides of the entry drive.
(e)
Signs authorized by this section may be located within the rights-of-way provided that the appropriate right-of-way use, maintenance and license agreements, and permits are obtained.
(f)
One additional subdivision sign may be placed at each terminus or farthest edge of the subdivision, if located at least 1,000 feet from the main subdivision sign, up to a maximum of two additional signs.
(2)
One wall sign or one double-faced or two single-faced ground identification signs may be located at each entrance to a multiple-family residential development or mobile home park, provided that all of the following requirements are met:
(a)
Such signs shall not exceed two square feet in sign structure area for each dwelling unit up to and including 16 units. In no event shall the sign exceed 32 square feet of sign structure area.
(b)
Such signs shall not exceed ten feet in height.
(c)
Such signs shall be set back five feet from the right-of-way line and 20 feet from the intersection of the rights-of-way.
(d)
If single faced, the two signs shall be located on opposite sides of the entry drive. Backlighting or interior illumination is prohibited. One projecting sign may be substituted for each wall sign pursuant to this section.
(e)
Signs authorized by this section may be located within the rights-of-way provided that the appropriate right-of-way use, maintenance and license agreements, and permits are obtained.
(3)
One directional sign per subdivision entrance with a maximum height of five feet for the structure, 12 inches for the copy, and 32 square feet of sign structure area. The directional sign shall meet the separation and setback requirements of on-site signs. Additional directional signs may be placed where necessary to locate subdivision amenities.
(C)
Standards for on-site signs in nonresidential districts. On-site signs on properties in nonresidential districts which abut a residential district shall not be erected closer than ten feet from any residential zoning district. Finishing materials shall be consistent with those used on the structure to which the sign relates.
(1)
Regulations for ground signs. Ground signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above:
(a)
One ground sign is permitted for each parcel having frontage on a public street. If a parcel has public street frontage in excess of 300 feet, one additional ground sign shall be permitted for each additional 300 feet of public street frontage.
(b)
The maximum allowable sign structure area for each ground sign shall not exceed one square foot of sign structure area for each lineal foot of frontage along the street the sign faces or 210 square feet in sign structure area, whichever is less.
(c)
No ground sign shall exceed 11 feet in height, except as specified below.
(d)
If a parcel is entitled to more than one sign as allowed above and is a multiple occupancy parcel, then all allowable ground signs may be combined into a single ground sign not to exceed 300 square feet in sign structure area. Such a combined sign may not exceed 15 feet in height. The combined sign may be divided into two signs, if the frontage of the parcel exceeds 1,500 feet. The total area of the combined signs shall not exceed 300 square feet in sign structure area and the height of each sign shall not exceed 15 feet.
(e)
Ground signs shall be placed no closer than 300 feet apart on the same parcel.
(f)
All ground signs shall be set back five feet from the right-of-way line and 20 feet from the intersection of the rights-of-way, except when ground signs are located on one-way streets the setback from the intersection may be 15 feet so long as the sign does not interfere with the clear site triangle.
(2)
Regulations for wall signs. Wall signs shall be allowed in nonresidential districts provided the following specific regulations are met, in addition to the general regulations stated above:
(a)
The maximum allowable sign structure area for wall signage shall not exceed one and a half square feet per linear foot of establishment frontage, excluding parking garages, facing a public street. Notwithstanding the foregoing, the maximum total sign structure area shall not exceed 150 square feet for each frontage.
(b)
One projecting sign may be substituted for each wall sign, provided that the sign structure area of the projecting sign shall not exceed the maximum allowable sign structure area of the wall sign that the projecting sign replaces.
(c)
Wall signs shall not project beyond the roof line or side walls of the establishment to which the wall sign is attached, nor shall the wall sign project more than 12 inches out from the wall to which it is attached.
(d)
One wall sign shall be permitted for each establishment in a multiple-occupancy parcel. Establishments located at a corner shall be allowed one wall sign for each side of the establishment that faces a public street.
(3)
Regulations for projecting signs. Projecting signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above:
(a)
Projecting signs may be substituted for the permitted wall sign referenced above, provided that the sign structure area of the projecting sign is not greater than the maximum sign structure area permitted for a wall.
(b)
Projecting signs shall not project more than four feet from the building wall to which the projecting sign is attached.
(c)
Projecting signs shall not be located above the roofline of the building nor more than 18 feet above the grade of the street, whichever is less.
(d)
The supporting hardware of a projecting sign shall not be visible from the street or sidewalk.
(e)
Projecting signs shall not be constructed in violation of the public space encroachment limitations specified in this section.
(f)
Projecting signs shall not be erected closer than ten feet from an interior lot line or an adjacent establishment.
(g)
Projecting signs which project over any public or private pedestrian way shall be elevated a minimum of nine feet above such pedestrian way. Projecting signs which project over any public or private street shall be elevated a minimum of 15 feet above such street.
(4)
Regulations for marquee, canopy and awning signs. Marquee, canopy and awning signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above:
(a)
One sign located on a marquee, canopy or awning shall be affixed flat to the surface and shall not rise in vertical dimension above the marquee, canopy or awning.
(b)
The maximum allowable sign structure area for awning, canopy and marquee signs shall not exceed two square feet per linear foot of building frontage facing a public street. However, the aggregate surface area of all shapes, letters, numbers, symbols, and illustrations shall not exceed 25 percent of the total area of the awning or canopy surface. The awning or canopy sign may be illuminated only if the material of which it is made is opaque.
(c)
Canopy and awning signs shall be permitted only when in lieu of a wall sign.
(5)
Directory signs. One directory sign per entrance into a nonresidential development or subdivision with a maximum height of five feet for the structure, 12 inches for the copy, and 32 square feet in sign structure area. The directional sign shall meet the separation and setback requirements of on-site signs.
(6)
Colonnade signs. One colonnade sign per establishment may be suspended at least nine feet above the walkway if limited to pedestrian traffic and at least 15 feet above the walkway if open to vehicular traffic, with a maximum six square feet of sign structure area.
(7)
Regulations for electronic message center (EMC) signs. Electronic message center (EMC) signs are permitted subject to all applicable standards contained in this article including the following limitations.
(a)
Size and number. Sizes are limited to 40 percent of the allowable ground sign area for its parcel and a limit of one EMC sign per property.
(b)
Movement.
1.
Display image/copy shall remain static having a dwell time of at least eight seconds prior to transition/change.
2.
The following display features are prohibited on all EMC signs: flashing, strobing, blinking, fluttering, spinning, rotating, bouncing, and chasing.
(c)
Brightness. All electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and must be programmed to automatically dim according to ambient light conditions. The nighttime illumination of an EMC shall not increase ambient lighting conditions by more than 0.3 foot candles when measured perpendicular to the EMC face at a distance determined by the following formula: Measurement Distance (in feet) = V (Area of EMC face (in square feet) × l00.
(d)
EMC signs are specifically prohibited within the CRA district. Existing nonconforming EMC currently within the CRA district shall comply with section 8.07.00 of this article.
(e)
Prior to permitting the applicant shall submit a signed letter from the manufacturer stating that the sign in question is equipped with the ability to comply with all applicable regulations of this section. The applicant shall also submit a letter from the sign owner and/or operator stating that they have read and understand the applicable regulations pertaining to their sign and that they will not violate the ordinance.
(Ord. 1253-15, passed 4-13-2015)
Temporary signs shall be allowed provided the following requirements are met:
(A)
General requirements. The following requirements shall be met except where specified in this section.
(1)
Time of display. Where not otherwise specified in this subsection, all temporary signs shall not be posted more than 15 calendar days prior to the time of the event or activity to which they related, and shall be removed no later than five calendar days after the conclusion of that event or activity. For the purposes of this section, the maximum duration of an event or activity shall be no longer than two weeks. Political campaign signs may be posted no earlier than 30 days before the date of the election, and must be removed no later than 15 calendar days after the election to which they relate.
(2)
Residential districts. Temporary signs are permitted in residential districts provided no sign shall exceed four square feet in sign surface area and six feet in height. Two political signs per candidate or issue may be placed on each residential parcel.
(3)
Nonresidential districts. Temporary signs are permitted in nonresidential districts provided no sign shall exceed 32 square feet in sign surface area and eight feet in height. Two political signs per candidate or issue may be placed on each nonresidential property or individual business establishment.
(4)
Location on parcel. All temporary signs shall be located behind the right-of-way line and shall not be located within the clear site triangle.
(5)
Permitting. Unless otherwise specified herein, temporary signs shall be exempt from the permitting requirements of this Code.
(6)
Additional regulations. See this article for additional treatment of temporary signs including real estate, holiday, construction, directional construction and political signs.
(B)
Model signs. Signs erected for the purpose of marketing new housing developments shall be allowed as follows:
(1)
One model sign is permitted per residential sales center and shall be located at such sales center. Such signs shall have a maximum sign structure area of 16 square feet and a maximum height of four feet. Said sign shall be removed when the residential sales center ceases operations.
(2)
One directional sign is permitted per development entrance. Such sign shall designate the location of the pods or parcels and shall be located along the collector roads for the development. Such signs shall have a maximum sign structure area of six square feet and a maximum height of four feet. Said sign shall be removed before or upon build out of the development.
(3)
One model sign is permitted per model home or unit type and shall be located at the model home or unit type it identifies. Such sign shall have a maximum sign structure area of four and one-half square feet and a maximum height of four feet. Said sign shall be removed before or upon sale of said model home.
(4)
One warning sign is permitted per pod, out parcel or development entrance that provides instructions to contractors working therein. Such signs shall be located at such entrance. Such signs shall have a maximum sign structure area of 20 square feet and a maximum height of six feet. Said sign shall be removed upon completion of construction within said pod, out parcel, or development.
(C)
Special event signs. Shall be allowed as follows:
(1)
Two non-illuminated temporary, ground, or wall sign per frontage on the site of the institution where the event is to take place.
(2)
Such signs shall not exceed eight square feet in sign surface area and six feet in height in residential districts and 32 square feet in sign surface area, and ten feet in height in nonresidential districts.
(3)
Signs announcing public or semipublic events or functions shall be set back a minimum of five feet from the right-of-way line and 20 feet from the intersection of the rights-of-way.
(D)
In nonresidential districts, one banner sign or advertising balloon for each establishment having a certificate of occupancy may be displayed a maximum of four times per calendar year, with a maximum sign surface area for banners of 24 square feet. A sign permit shall be obtained for such banner or advertising balloon, and the permit number and expiration date shall be displayed on the banner or advertising balloon as provided in the permit.
(Ord. 1253-15, passed 4-13-2015)
Notwithstanding any other provision of this Code, the following minimum criteria shall also be met by all signs erected in the city.
(A)
Residential districts. No sign may be erected in a residential district that exceeds the following dimensions and requirements:
(1)
Maximum sign height: ten feet.
(2)
Maximum sign structure area: 40 square feet.
(B)
Nonresidential districts. No sign may be erected in a nonresidential district that exceeds the following dimensions and requirements:
(1)
Maximum sign height: 20 feet.
(2)
Maximum sign structure area: 300 square feet.
(Ord. 1253-15, passed 4-13-2015)
(A)
General maintenance requirements. All signs for which a permit is required by this Code, including their supports, braces, guys, and anchors, shall be maintained so as to present a neat, clean appearance. Painted areas and sign surfaces shall be kept in good condition and illumination, if provided, shall be maintained in safe and good working order. Trash, rubbish, and debris shall be kept clear in front of, behind, underneath, and around the base of signs for a distance of five feet.
(B)
Maintenance of outdated on-site signs. This division relates to on-site signs that are not currently being used to identify an activity on the property, but that are not abandoned signs as defined by this section. Such signs shall be maintained, including at all times covering the inner fixtures or workings of the sign. Copy that does not relate to a current activity on the property shall be removed or covered with an opaque covering, so such signs maintain a neat and clean appearance.
(Ord. 1253-15, passed 4-13-2015)
(A)
Removal of signs on rights-of-way in violation of section. Except as provided otherwise in this section, any sign on a right-of-way in violation of this section shall be subject to immediate removal and impounding without notice by the City Manager or his or her designee at the joint and several expense of the owner, agent, lessee or other person having beneficial use of the sign, the sign contractor or, if non-county or city right-of-way, the owner or lessee of the land upon which the sign is located.
(1)
Illegal signs of negligible or no value; destruction. Any sign placed or erected in a right-of-way in violation of this section, which has negligible or no value due to its perishable or nondurable composition, including, but not limited to, those made out of paper, cardboard or poster board, shall be deemed abandoned and may be destroyed by the city after removal. No notice or opportunity to reclaim such a sign shall be given by the city.
(2)
Recovery of impounded signs; abandonment and destruction. Except for those signs described above any sign removed and impounded by the city shall be held in storage and the owner, if the owner's identity and whereabouts are known to city, shall be provided with written notice via certified mail and regular mail of impoundment and 15 days from the date of notice to reclaim any such sign. Any impounded sign stored by the city may be destroyed if not reclaimed within 15 days of the written notice date or within 15 days of the date of removal if the identity and whereabouts of the owner is not known to the city.
(B)
Removal of signs on private property for immediate peril. The City Manager or his or her designee may cause without notice the immediate removal of any sign which is an immediate peril to persons or property at the joint and several expense of the owner, agent, lessee or other person having beneficial use of the sign, the sign contractor or the owner or lessee of the land upon which the sign is located.
(Ord. 1253-15, passed 4-13-2015)
In addition to any other remedies available at law, including but not limited to F.S. Chs. 162 and 166, as amended, the city may apply any one or combination of the following remedies in the event of a violation of this section, or applicable local law or order.
(A)
Whenever a violation(s) of this section occurs or exists, or that occurred or existed, any person, individual, entity or otherwise, who has legal, beneficial or equitable interest in the facility or instrumentality causing or contributing to the violation(s), and any person, individual, entity or otherwise who has legal, beneficial or equitable interest in the real or personal property upon which such violation(s) occurs or exists or has occurred or rexisted, shall be liable for such violation(s).
(B)
Fines, penalties, remedies and prosecution for any violation on this section may be pursuant to City of Zephyrhills Code Enforcement Board Ordinance, as amended, and the provisions of F.S. Ch. 162, as amended. Each violation of this section shall be a separate offense.
(C)
Failure of the city to enforce any requirements of this section shall not constitute a waiver of the city's right to enforce the section with respect to that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.
(D)
The City Manager, or his or her designee, and the City Attorney or his or her designee, shall be responsible for administration and enforcement of this section, and is authorized to give any notice required by law or this section.
(Ord. 1253-15, passed 4-13-2015)
SIGNS
(A)
Permit required. No person shall erect or assist in the erection, construction, maintenance, alteration, relocation, repair, or do any work upon any sign for which a sign permit, and any other required permit, has not been obtained. Any such sign shall be illegal and is a violation of this section. Structural and safety features and electrical systems shall be in accordance with the requirements of the city's adopted Construction/Building Code. No sign shall be approved for use unless it has been inspected and found to be in compliance with all the requirements of this Code.
(B)
Application; determination of completeness. Before any sign permit is issued, a written application, in the form provided by the City Manager, or his or her designee, shall be filed, together with such drawings and specifications as may be necessary to fully advise the city of the location, construction, materials, manner of illuminating, method of securing or fastening, the number of signs applied for, the consent of the property owner, and the wording of the sign. Upon the submission of an application, staff shall have ten business days to determine whether it is complete. If staff finds that the application is not complete, they shall provide the applicant with written notice of the deficiencies within the ten-day period. Upon resubmission of the application, staff shall have five additional business days to determine whether the applicant's revisions are sufficient to complete the application. If they are not, staff will again inform the applicant of any remaining deficiencies in writing. This process shall continue until the applicant has submitted a complete application, or demands that the application be reviewed "as is."
(C)
Administrative review.
(1)
Administrative review of sign permit applications shall include the following:
(a)
Review of all information submitted to determine conformity with this Code.
(b)
An on-site inspection of the proposed sign location.
(2)
The City Manager, or his or her designee, shall approve or deny the sign permit based on whether it complies with the requirements of this Code, and shall approve or deny the sign permit within 30 calendar days after receipt of a complete application or from the date the applicant demands that the application be reviewed "as is". The City Manager, or his or her designee, shall prepare a written notice of his or her decision, describing the applicant's appeal rights, and send it by certified mail, return receipt requested, to the applicant. The applicant may file a written notice of appeal to the City Council within 15 calendar days after the date of receipt of the county's written notice. The City Council shall hear and decide the appeal at the next available Council meeting that is at least 30 calendar days after the date of receiving the written notice of appeal. If the City Council does not grant the appeal, then the appellant may immediately seek relief in the Circuit Court for Pasco County, as provided by law.
(D)
Time limitations. An application for a sign permit for any proposed work shall be deemed to have been abandoned six months after the date of filing for the sign permit, unless before then a sign permit has been issued. One or more extensions of time for a period of not more than 90 days each may be allowed by the City Manager, or his or her designee, for the application, provided the extension is requested in writing and justifiable cause is demonstrated.
(E)
Time to complete construction. Every sign permit issued shall become invalid unless the work authorized by such sign permit is commenced within six months after its issuance, or if the work authorized by such sign permit is suspended or abandoned for a period of six months after the time the work is commenced. If a building permit for the sign is applied for within 30 days after the sign permit is issued and building permit is issued, the work authorized by the sign permit shall be commenced within six months after issuance of the building permit. If the work has commenced and the sign permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new sign permit covering the proposed work shall be obtained before proceeding with the work.
(F)
Sign permit tag. For each permit issued, the permittee shall permanently affix a permit identification tag which shall be printed or impressed thereon a number corresponding to the permit number plus any additional information deemed appropriate by the City Manager or his or her designee subject to the following:
(1)
No sign as herein defined, unless specifically exempted, shall be erected, displayed, rebuilt, repaired, or otherwise maintained which does not have such tag securely attached thereto, or to its supporting structure in such a manner as to be plainly visible from the street or roadway.
(2)
The absence of an identification tag shall be prima facie evidence that the sign or advertising structure is being operated in violation of the provisions of this Code.
(3)
The permittee is responsible for maintaining a valid permit tag on each permitted sign at all times.
(4)
Said tag shall be no smaller than five inches by two inches and shall contain numbers not less than one inch high.
(5)
The permit will become void unless the permit tag is properly displayed on the permitted sign within 30 days after the completion of the installation of said sign.
(G)
Permit revocation. The City Manager or his or her designee is hereby authorized and empowered to revoke, in writing, any permit issued by him or her upon failure of the holder thereof to comply with the provisions of this Code or if the permit was issued on the basis of misstatement of facts or fraud by the applicant. The written revocation shall describe the appeal process. The City Manager, or his or her designee, shall send the revocation by certified mail, return receipt requested, to the sign owner. Any person having an interest in the sign or property may appeal the revocation, by filing a written notice of appeal with the City Council within 15 calendar days after receipt of the written notice of revocation. The City Council shall hear and decide the appeal within 30 calendar days after the date of receiving the written notice of appeal. If the City Council does not grant the appeal, then the appellant may immediately seek relief in the Circuit Court for Pasco County, as provided by law.
(H)
Relationship to other permits. No permit for any on-site sign shall be issued by the city until a building permit or development has been issued for the establishment to which it relates.
(Ord. 1253-15, passed 4-13-2015)
Before any permit is issued under the provisions of this Code, the applicant shall, at the time application is made, pay such fees as established by resolution of the City Council, which resolution may be amended from time to time.
(Ord. 1253-15, passed 4-13-2015)
(A)
The purpose and intent of this section is to establish a set of standards for the fabrication, erection, use, maintenance, and alteration of signs, symbols, markings, or advertising devices within the city. The standards are designed to protect and promote the health, safety, and welfare of persons within the city by providing regulations which allow and encourage creativity, effectiveness, and flexibility in the design and use of such devices while promoting traffic safety and avoiding an environment that encourages visual blight.
(B)
It is not the purpose of this section to regulate or control the copy, the content, or the viewpoint of signs. Nor is it the intent of this section to afford greater protection to commercial speech than to noncommercial speech. Any sign, display or device allowed under this section may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with all other requirements of this section. If any or all of the other provisions of this section are held to be unconstitutional, it is the explicit intent of the City Council that, at a minimum, the standards in Article VIII be considered severable and enforced as the minimum standards for signs in the city.
(C)
This section is intended to establish a coordinated graphic program that provides for occupant identification and directional communication, while allowing the creation of unique and informative signs. These guidelines are not intended to prohibit the design of unusual signs that may enhance the character of the building, or reflect the nature of the business or use.
(D)
Notwithstanding any code provision to the contrary, neither the City Council nor any board of the city may grant a variance allowing the erection of any sign in conflict of this article.
(E)
This section is intended to be consistent with the city's Comprehensive Plan.
(Ord. 1253-15, passed 4-13-2015)
In the event any of the provisions of this section are in conflict with other applicable requirements, the more restrictive requirements shall apply.
(Ord. 1253-15, passed 4-13-2015)
Any sign not specifically permitted, exempted, or authorized by this section is prohibited; provided, however, that any authorized or permitted sign under this section is allowed to contain non-commercial speech in lieu of any other speech. The following types of signs are specifically prohibited except as otherwise provided by this section:
(A)
Activated signs and devices.
(B)
Revolving signs.
(C)
Snipe signs.
(D)
Signs other than sandwich signs placed on the sidewalk or curb.
(E)
Swinging signs.
(F)
Vehicle signs.
(G)
Signs which imitate or resemble any official traffic or government sign, signal or device. Signs which obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal or device.
(H)
Any sign which:
(1)
Has unshielded illuminated devices that produce glare or are a hazard or nuisance to motorists or occupants of adjacent properties.
(2)
Due to any lighting or control mechanism, causes radio, television, or other communication interference.
(3)
Is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation.
(4)
Projects in excess of 18 inches over a dedicated public street alley, sidewalk, or private or public roadway.
(5)
Is erected on public property or a public right-of-way, except government signs or other signs as expressly allowed in the Code.
(I)
Bench signs.
(J)
Abandoned signs.
(K)
Inflatable signs or devices.
(L)
Illegal signs.
(M)
Beacon lights.
(N)
Roof signs.
(O)
Back to back sign faces at an angle that exceeds 45 degrees.
(P)
Window signs which, in aggregate, cover more than 25 percent of the total window surface.
(Q)
Signs in or upon any river, bay, lake, or other body of water within the incorporated limits of the city. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs.
(R)
Pole signs.
(S)
Multi-prism signs.
(T)
Portable signs.
(U)
Pennants.
(V)
Festoons.
(W)
Banner signs and advertising balloons which do not comply with this article.
(X)
Sandwich signs that do not meet the requirements of this article.
(Y)
Outdoor advertising signs.
(Z)
Animation signs.
(Ord. 1253-15, passed 4-13-2015)
The following signs are exempted from permit requirements, provided, however, that such signs are erected in conformance with all other requirements of this section. All signs set forth in this section that does not meet the requirements set forth herein for an exemption or permit are prohibited.
(A)
A permit is not required to change or replace the advertising copy, message or sign face on changeable copy signs. However, the change or replacement of advertising copy, message or sign face must not enlarge or increase the sign surface area, sign structure area, nor adversely affect the original design integrity. If, in order to change or replace the advertising copy, message or sign face, the supporting sign structure must be unfastened, loosened or removed, then a sign permit shall be required. Copy shall not be replaced such that the sign changes from an on-site sign to an off-site sign.
(B)
Government signs.
(C)
Flags, emblems, or insignia of any nation, state, or political subdivision, religious, charitable, political, social or fraternal organization when displayed on a single pole or other supporting structure.
(D)
Holiday, seasonal, or commemorative decorations provided that such signs are not displayed for a period of more than 60 days.
(E)
Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
(F)
In nonresidential districts, two directional signs per driveway, which signs shall be located on and pertaining to a parcel of private property. Each sign shall not exceed four square feet in sign surface area and 30 inches in height. If such sign is to be illuminated, then an electrical permit shall be obtained. Directional signs may be placed with a one foot setback from the right-of-way provided that such signs meet all other applicable regulations. The square footage of directional signs shall not be counted as part of the maximum allowable square footage for any parcel.
(G)
In residential districts, one non-illuminated identification sign used to identify the address and occupant of the residence not to exceed two square feet in sign surface area. This sign may not be used to advertise any home occupation.
(H)
One non-illuminated real estate sign may be displayed per street frontage, subject to the following restrictions:
(1)
In residential zoning districts.
(a)
Maximum four and one-half square feet in sign surface area, where the property being advertised or developed has a street frontage of less than 500 feet. In E-R, a maximum of six square feet in sign surface area. If the parcel borders a navigable waterway, one additional real estate sign may be placed on the waterfront side of the property.
(b)
Maximum eight square feet in sign surface area, where the property being advertised or developed has a street frontage of 500 feet or more.
(c)
Such signs shall not exceed six feet in height, shall not be posted prior to the listing of the property for sale or lease or the filing of applications for the development of the property, and shall be removed within 30 days after the sale or lease of the property, or the completion of development as evidenced by the issuance of a certificate of occupancy.
(2)
In nonresidential districts.
(a)
Maximum 32 square feet in sign surface area.
(b)
Such signs shall not exceed ten feet in height, shall not be posted prior to the listing of the property for sale or lease or the filing of applications for the development of the property, and shall be removed within 30 days after the lease or sale of the property, or the completion of development as evidenced by the issuance of a certificate of occupancy.
(3)
Multiple listing strips, broker identification strips, and sold signs are allowed when attached to a real estate sign. Signs shall be removed when ownership has changed or the property is no longer for sale or lease or under development. Multiple listing strips, broker identification strips and sold signs shall not be counted as part of the maximum square footage permitted for real estate signs nor shall real estate signs be considered as part of the maximum square footage permitted on any parcel.
(I)
Window signs which comprise, in aggregate, 25 percent of the total window area or less.
(J)
Signs incorporated on machinery or equipment at the manufacturer's or distributor's level, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps. Such signs shall not be counted as part of the maximum square footage permitted on any parcel.
(K)
Interior signs which are displayed on the inside of a building and not visible from a public place. Such signs shall not be counted as part of the maximum square footage permitted on any parcel.
(L)
"No Trespassing" or "No Dumping" signs, not exceeding one sign every 500 feet along boundaries of and at each corner of the posted property, four in number per acre, and no one sign exceeding two square feet in sign surface area.
(M)
Noncommercial, on-site signs not included in this section, which are less than four square feet in sign surface area and 30 inches in height, provided that they are not displayed for more than 14 consecutive days nor more than 28 days per year.
(N)
Warning signs, provided that warning signs do not exceed four square feet in sign surface area.
(O)
Directional signs related to construction located within the development where building or development permits/approvals have been issued by the city, and not to exceed four square feet in sign surface area and 30 inches in height.
(P)
One construction sign per street frontage provided that the following conditions are met:
(1)
Such sign is not illuminated; and
(2)
Such sign shall be authorized only when active building or construction is taking place; and
(3)
Such sign shall contain only on-site advertising; and
(4)
All such signs shall be removed or made to conform to the provisions of this section when a certificate of occupancy is issued; and
(5)
The height and size of all construction signs shall be limited according to the following restrictions:
(a)
In residential zoning districts:
1.
Maximum four and one-half square feet in sign surface area where the property being constructed has a street frontage of less than 500 feet. The sign shall not exceed six feet in height.
2.
Maximum eight square feet in sign surface area where the property being constructed has a street frontage of 500 feet or more. The sign shall not exceed six feet in height.
(b)
In all other districts:
1.
Maximum eight square feet in sign surface area, where the property being constructed has a street frontage less than 200 feet. The sign shall not exceed ten feet in height.
2.
Maximum 16 square feet in sign surface area, where the property being constructed has a street frontage of 200 feet or more. The sign shall not exceed ten feet in height.
(Q)
Two non-illuminated political campaign signs per candidate or issue for each residential or nonresidential parcel not to exceed eight square feet in area.
(R)
In nonresidential zoning districts, one sandwich sign per business establishment having a certificate of occupancy placed on the sidewalk no further than five feet from the main entrance door of the structure of the establishment and with a maximum height of three and a half feet and maximum sign structure width of two feet. The sign shall not be placed in the public right-of-way and shall not be placed so as to obstruct pedestrian traffic along the sidewalk.
(Ord. 1253-15, passed 4-13-2015)
(A)
Any sign, lawfully erected within the city on the effective date of this Code which does not conform to the requirements of this Code, shall be treated as a nonconforming sign pursuant to this section.
(B)
The following signs shall be removed or made to conform to this section within 90 days from the effective date thereof:
(1)
All temporary signs other than those allowed herein.
(2)
All prohibited signs except outdoor advertising structures.
(C)
Any nonconforming on-site sign which is destroyed, substantially damaged (51 percent of the value of the day prior) or replaced, shall not be rebuilt except in conformity with this section.
(D)
A nonconforming on-site sign shall not be replaced by another nonconforming sign. However, substitution of letters, poster panels, and painted boards, or demountable material on nonconforming signs shall be allowed. The provisions of this section do not apply to signs relocated or reconstructed as a result of condemnation action by any governmental agency as provided for in this Code. Routine repair and maintenance is allowed as long as it does not increase the sign surface area, sign structure area or height of the sign.
(E)
Any electronic message center (EMC) sign lawfully existing made non-conforming upon adoption of ordinance changes regarding, movement and brightness shall be brought into compliance within 60 days of approval of such ordinance.
(Ord. 1253-15, passed 4-13-2015)
Menu signs for drive-through restaurants. In addition to the signs otherwise permitted by these sign regulations, a drive-through restaurant shall be permitted one menu sign placed in proximity to the drive-through lane for the purpose of ordering. Such sign shall be setback to the minimum building setback for the appropriate zoning district, or 40 feet, whichever is less; shall have a sign surface area not exceeding 24 square feet; and shall require a sign permit.
(Ord. 1253-15, passed 4-13-2015)
An abandoned sign is prohibited and is a violation of this section. Permanent on-site signs applicable to a business temporarily suspended because of a change in ownership or management shall not be deemed to be abandoned unless the property remains vacant for a period of six consecutive months or more. During that time, the owner shall maintain the sign as required by this section, and shall replace or cover the copy relating to the prior business with an opaque covering, ensuring that all internal fixtures of the sign remain covered.
(Ord. 1253-15, passed 4-13-2015)
(A)
Allowance of certain signs. The following signs may be erected in rights-of-way within the city and shall be exempt from the regulatory provisions of this Section. Such structures must also comply with applicable provisions of the City of Zephyrhills Right-of-way Use Ordinance and the Building Code.
(1)
Government signs;
(2)
Traffic-control devices.
(3)
Temporary event signs for not-for-profit or governmental organizations. Such signs must be removed within two days after the event they advertise.
(B)
Prohibition of all other signs on rights-of-way. With the exception of signs permitted in division (A) above, it shall be unlawful for any person, firm, corporation or other entity, for its own or the benefit of another, to erect, place, post, install, affix, attach or in any other way locate or maintain a sign upon, within or otherwise encroaching on a right-of-way or upon a structure located within such a right-of-way. Information contained in any sign, including names, addresses or phone numbers of persons or entities benefiting from or advertising on the sign shall be sufficient evidence of ownership or beneficial use or interest for purposes of enforcing this section. More than one person or entity may be deemed jointly and severally liable for the placement or erection of the same sign. Each unlawful sign shall be deemed a separate violation of this section.
(Ord. 1253-15, passed 4-13-2015)
(A)
General regulations.
(1)
For the purpose of determining the spacing requirement found in this section, distances shall be measured from the leading edge of the sign structure to the property line of the property from which the distance is being measured.
(2)
Illuminated signs, including neon signs, shall not produce more than one foot-candle of illumination four feet from the sign, when measured from the base of such sign. Exposed neon tubing shall not be permitted on ground signs.
(3)
Signs shall not be placed in the clear site triangle.
(B)
Standards for on-site signs in residential districts. The following signs may be erected in residential zoning districts:
(1)
One double-faced or two single-faced permanent subdivision sign(s) may be located at each entrance to a platted subdivision provided that all of the following requirements are met:
(a)
The sign shall not create a physical or visual hazard for pedestrians or motorists entering or leaving the subdivision and shall be set back a minimum of five feet from the right-of-way line and 20 feet from the intersection of the rights-of-way.
(b)
An individual firm, partnership, association, corporation, or other legal entity other than the City of Zephyrhills shall be designated as the person responsible for perpetual maintenance of the subdivision sign.
(c)
Each sign surface shall not exceed ten feet in height and 40 square feet in sign surface area.
(d)
If single faced, the two signs shall be located on opposite sides of the entry drive.
(e)
Signs authorized by this section may be located within the rights-of-way provided that the appropriate right-of-way use, maintenance and license agreements, and permits are obtained.
(f)
One additional subdivision sign may be placed at each terminus or farthest edge of the subdivision, if located at least 1,000 feet from the main subdivision sign, up to a maximum of two additional signs.
(2)
One wall sign or one double-faced or two single-faced ground identification signs may be located at each entrance to a multiple-family residential development or mobile home park, provided that all of the following requirements are met:
(a)
Such signs shall not exceed two square feet in sign structure area for each dwelling unit up to and including 16 units. In no event shall the sign exceed 32 square feet of sign structure area.
(b)
Such signs shall not exceed ten feet in height.
(c)
Such signs shall be set back five feet from the right-of-way line and 20 feet from the intersection of the rights-of-way.
(d)
If single faced, the two signs shall be located on opposite sides of the entry drive. Backlighting or interior illumination is prohibited. One projecting sign may be substituted for each wall sign pursuant to this section.
(e)
Signs authorized by this section may be located within the rights-of-way provided that the appropriate right-of-way use, maintenance and license agreements, and permits are obtained.
(3)
One directional sign per subdivision entrance with a maximum height of five feet for the structure, 12 inches for the copy, and 32 square feet of sign structure area. The directional sign shall meet the separation and setback requirements of on-site signs. Additional directional signs may be placed where necessary to locate subdivision amenities.
(C)
Standards for on-site signs in nonresidential districts. On-site signs on properties in nonresidential districts which abut a residential district shall not be erected closer than ten feet from any residential zoning district. Finishing materials shall be consistent with those used on the structure to which the sign relates.
(1)
Regulations for ground signs. Ground signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above:
(a)
One ground sign is permitted for each parcel having frontage on a public street. If a parcel has public street frontage in excess of 300 feet, one additional ground sign shall be permitted for each additional 300 feet of public street frontage.
(b)
The maximum allowable sign structure area for each ground sign shall not exceed one square foot of sign structure area for each lineal foot of frontage along the street the sign faces or 210 square feet in sign structure area, whichever is less.
(c)
No ground sign shall exceed 11 feet in height, except as specified below.
(d)
If a parcel is entitled to more than one sign as allowed above and is a multiple occupancy parcel, then all allowable ground signs may be combined into a single ground sign not to exceed 300 square feet in sign structure area. Such a combined sign may not exceed 15 feet in height. The combined sign may be divided into two signs, if the frontage of the parcel exceeds 1,500 feet. The total area of the combined signs shall not exceed 300 square feet in sign structure area and the height of each sign shall not exceed 15 feet.
(e)
Ground signs shall be placed no closer than 300 feet apart on the same parcel.
(f)
All ground signs shall be set back five feet from the right-of-way line and 20 feet from the intersection of the rights-of-way, except when ground signs are located on one-way streets the setback from the intersection may be 15 feet so long as the sign does not interfere with the clear site triangle.
(2)
Regulations for wall signs. Wall signs shall be allowed in nonresidential districts provided the following specific regulations are met, in addition to the general regulations stated above:
(a)
The maximum allowable sign structure area for wall signage shall not exceed one and a half square feet per linear foot of establishment frontage, excluding parking garages, facing a public street. Notwithstanding the foregoing, the maximum total sign structure area shall not exceed 150 square feet for each frontage.
(b)
One projecting sign may be substituted for each wall sign, provided that the sign structure area of the projecting sign shall not exceed the maximum allowable sign structure area of the wall sign that the projecting sign replaces.
(c)
Wall signs shall not project beyond the roof line or side walls of the establishment to which the wall sign is attached, nor shall the wall sign project more than 12 inches out from the wall to which it is attached.
(d)
One wall sign shall be permitted for each establishment in a multiple-occupancy parcel. Establishments located at a corner shall be allowed one wall sign for each side of the establishment that faces a public street.
(3)
Regulations for projecting signs. Projecting signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above:
(a)
Projecting signs may be substituted for the permitted wall sign referenced above, provided that the sign structure area of the projecting sign is not greater than the maximum sign structure area permitted for a wall.
(b)
Projecting signs shall not project more than four feet from the building wall to which the projecting sign is attached.
(c)
Projecting signs shall not be located above the roofline of the building nor more than 18 feet above the grade of the street, whichever is less.
(d)
The supporting hardware of a projecting sign shall not be visible from the street or sidewalk.
(e)
Projecting signs shall not be constructed in violation of the public space encroachment limitations specified in this section.
(f)
Projecting signs shall not be erected closer than ten feet from an interior lot line or an adjacent establishment.
(g)
Projecting signs which project over any public or private pedestrian way shall be elevated a minimum of nine feet above such pedestrian way. Projecting signs which project over any public or private street shall be elevated a minimum of 15 feet above such street.
(4)
Regulations for marquee, canopy and awning signs. Marquee, canopy and awning signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above:
(a)
One sign located on a marquee, canopy or awning shall be affixed flat to the surface and shall not rise in vertical dimension above the marquee, canopy or awning.
(b)
The maximum allowable sign structure area for awning, canopy and marquee signs shall not exceed two square feet per linear foot of building frontage facing a public street. However, the aggregate surface area of all shapes, letters, numbers, symbols, and illustrations shall not exceed 25 percent of the total area of the awning or canopy surface. The awning or canopy sign may be illuminated only if the material of which it is made is opaque.
(c)
Canopy and awning signs shall be permitted only when in lieu of a wall sign.
(5)
Directory signs. One directory sign per entrance into a nonresidential development or subdivision with a maximum height of five feet for the structure, 12 inches for the copy, and 32 square feet in sign structure area. The directional sign shall meet the separation and setback requirements of on-site signs.
(6)
Colonnade signs. One colonnade sign per establishment may be suspended at least nine feet above the walkway if limited to pedestrian traffic and at least 15 feet above the walkway if open to vehicular traffic, with a maximum six square feet of sign structure area.
(7)
Regulations for electronic message center (EMC) signs. Electronic message center (EMC) signs are permitted subject to all applicable standards contained in this article including the following limitations.
(a)
Size and number. Sizes are limited to 40 percent of the allowable ground sign area for its parcel and a limit of one EMC sign per property.
(b)
Movement.
1.
Display image/copy shall remain static having a dwell time of at least eight seconds prior to transition/change.
2.
The following display features are prohibited on all EMC signs: flashing, strobing, blinking, fluttering, spinning, rotating, bouncing, and chasing.
(c)
Brightness. All electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and must be programmed to automatically dim according to ambient light conditions. The nighttime illumination of an EMC shall not increase ambient lighting conditions by more than 0.3 foot candles when measured perpendicular to the EMC face at a distance determined by the following formula: Measurement Distance (in feet) = V (Area of EMC face (in square feet) × l00.
(d)
EMC signs are specifically prohibited within the CRA district. Existing nonconforming EMC currently within the CRA district shall comply with section 8.07.00 of this article.
(e)
Prior to permitting the applicant shall submit a signed letter from the manufacturer stating that the sign in question is equipped with the ability to comply with all applicable regulations of this section. The applicant shall also submit a letter from the sign owner and/or operator stating that they have read and understand the applicable regulations pertaining to their sign and that they will not violate the ordinance.
(Ord. 1253-15, passed 4-13-2015)
Temporary signs shall be allowed provided the following requirements are met:
(A)
General requirements. The following requirements shall be met except where specified in this section.
(1)
Time of display. Where not otherwise specified in this subsection, all temporary signs shall not be posted more than 15 calendar days prior to the time of the event or activity to which they related, and shall be removed no later than five calendar days after the conclusion of that event or activity. For the purposes of this section, the maximum duration of an event or activity shall be no longer than two weeks. Political campaign signs may be posted no earlier than 30 days before the date of the election, and must be removed no later than 15 calendar days after the election to which they relate.
(2)
Residential districts. Temporary signs are permitted in residential districts provided no sign shall exceed four square feet in sign surface area and six feet in height. Two political signs per candidate or issue may be placed on each residential parcel.
(3)
Nonresidential districts. Temporary signs are permitted in nonresidential districts provided no sign shall exceed 32 square feet in sign surface area and eight feet in height. Two political signs per candidate or issue may be placed on each nonresidential property or individual business establishment.
(4)
Location on parcel. All temporary signs shall be located behind the right-of-way line and shall not be located within the clear site triangle.
(5)
Permitting. Unless otherwise specified herein, temporary signs shall be exempt from the permitting requirements of this Code.
(6)
Additional regulations. See this article for additional treatment of temporary signs including real estate, holiday, construction, directional construction and political signs.
(B)
Model signs. Signs erected for the purpose of marketing new housing developments shall be allowed as follows:
(1)
One model sign is permitted per residential sales center and shall be located at such sales center. Such signs shall have a maximum sign structure area of 16 square feet and a maximum height of four feet. Said sign shall be removed when the residential sales center ceases operations.
(2)
One directional sign is permitted per development entrance. Such sign shall designate the location of the pods or parcels and shall be located along the collector roads for the development. Such signs shall have a maximum sign structure area of six square feet and a maximum height of four feet. Said sign shall be removed before or upon build out of the development.
(3)
One model sign is permitted per model home or unit type and shall be located at the model home or unit type it identifies. Such sign shall have a maximum sign structure area of four and one-half square feet and a maximum height of four feet. Said sign shall be removed before or upon sale of said model home.
(4)
One warning sign is permitted per pod, out parcel or development entrance that provides instructions to contractors working therein. Such signs shall be located at such entrance. Such signs shall have a maximum sign structure area of 20 square feet and a maximum height of six feet. Said sign shall be removed upon completion of construction within said pod, out parcel, or development.
(C)
Special event signs. Shall be allowed as follows:
(1)
Two non-illuminated temporary, ground, or wall sign per frontage on the site of the institution where the event is to take place.
(2)
Such signs shall not exceed eight square feet in sign surface area and six feet in height in residential districts and 32 square feet in sign surface area, and ten feet in height in nonresidential districts.
(3)
Signs announcing public or semipublic events or functions shall be set back a minimum of five feet from the right-of-way line and 20 feet from the intersection of the rights-of-way.
(D)
In nonresidential districts, one banner sign or advertising balloon for each establishment having a certificate of occupancy may be displayed a maximum of four times per calendar year, with a maximum sign surface area for banners of 24 square feet. A sign permit shall be obtained for such banner or advertising balloon, and the permit number and expiration date shall be displayed on the banner or advertising balloon as provided in the permit.
(Ord. 1253-15, passed 4-13-2015)
Notwithstanding any other provision of this Code, the following minimum criteria shall also be met by all signs erected in the city.
(A)
Residential districts. No sign may be erected in a residential district that exceeds the following dimensions and requirements:
(1)
Maximum sign height: ten feet.
(2)
Maximum sign structure area: 40 square feet.
(B)
Nonresidential districts. No sign may be erected in a nonresidential district that exceeds the following dimensions and requirements:
(1)
Maximum sign height: 20 feet.
(2)
Maximum sign structure area: 300 square feet.
(Ord. 1253-15, passed 4-13-2015)
(A)
General maintenance requirements. All signs for which a permit is required by this Code, including their supports, braces, guys, and anchors, shall be maintained so as to present a neat, clean appearance. Painted areas and sign surfaces shall be kept in good condition and illumination, if provided, shall be maintained in safe and good working order. Trash, rubbish, and debris shall be kept clear in front of, behind, underneath, and around the base of signs for a distance of five feet.
(B)
Maintenance of outdated on-site signs. This division relates to on-site signs that are not currently being used to identify an activity on the property, but that are not abandoned signs as defined by this section. Such signs shall be maintained, including at all times covering the inner fixtures or workings of the sign. Copy that does not relate to a current activity on the property shall be removed or covered with an opaque covering, so such signs maintain a neat and clean appearance.
(Ord. 1253-15, passed 4-13-2015)
(A)
Removal of signs on rights-of-way in violation of section. Except as provided otherwise in this section, any sign on a right-of-way in violation of this section shall be subject to immediate removal and impounding without notice by the City Manager or his or her designee at the joint and several expense of the owner, agent, lessee or other person having beneficial use of the sign, the sign contractor or, if non-county or city right-of-way, the owner or lessee of the land upon which the sign is located.
(1)
Illegal signs of negligible or no value; destruction. Any sign placed or erected in a right-of-way in violation of this section, which has negligible or no value due to its perishable or nondurable composition, including, but not limited to, those made out of paper, cardboard or poster board, shall be deemed abandoned and may be destroyed by the city after removal. No notice or opportunity to reclaim such a sign shall be given by the city.
(2)
Recovery of impounded signs; abandonment and destruction. Except for those signs described above any sign removed and impounded by the city shall be held in storage and the owner, if the owner's identity and whereabouts are known to city, shall be provided with written notice via certified mail and regular mail of impoundment and 15 days from the date of notice to reclaim any such sign. Any impounded sign stored by the city may be destroyed if not reclaimed within 15 days of the written notice date or within 15 days of the date of removal if the identity and whereabouts of the owner is not known to the city.
(B)
Removal of signs on private property for immediate peril. The City Manager or his or her designee may cause without notice the immediate removal of any sign which is an immediate peril to persons or property at the joint and several expense of the owner, agent, lessee or other person having beneficial use of the sign, the sign contractor or the owner or lessee of the land upon which the sign is located.
(Ord. 1253-15, passed 4-13-2015)
In addition to any other remedies available at law, including but not limited to F.S. Chs. 162 and 166, as amended, the city may apply any one or combination of the following remedies in the event of a violation of this section, or applicable local law or order.
(A)
Whenever a violation(s) of this section occurs or exists, or that occurred or existed, any person, individual, entity or otherwise, who has legal, beneficial or equitable interest in the facility or instrumentality causing or contributing to the violation(s), and any person, individual, entity or otherwise who has legal, beneficial or equitable interest in the real or personal property upon which such violation(s) occurs or exists or has occurred or rexisted, shall be liable for such violation(s).
(B)
Fines, penalties, remedies and prosecution for any violation on this section may be pursuant to City of Zephyrhills Code Enforcement Board Ordinance, as amended, and the provisions of F.S. Ch. 162, as amended. Each violation of this section shall be a separate offense.
(C)
Failure of the city to enforce any requirements of this section shall not constitute a waiver of the city's right to enforce the section with respect to that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.
(D)
The City Manager, or his or her designee, and the City Attorney or his or her designee, shall be responsible for administration and enforcement of this section, and is authorized to give any notice required by law or this section.
(Ord. 1253-15, passed 4-13-2015)