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0994 Sign Requirements ORDINANCE NO. 994 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING • FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716; DIVISION 5 THEREOF, FROM SECTIONS 90-561 THROUGH 90-600 AND SECTION 90-41; PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF DIVISION 5 SIGN ORDINANCE; PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGE AS PROVIDED HEREIN; SETTING FORTH DEFINITIONS; REQUIREMENT OF PERMIT AND MAINTENANCE; PROVIDING FOR EXEMPT AND PROHIBITED SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SIGNS IN COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR CONFLICTS , AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has a legitimate public interest in the regulation of signs within the City, to provide to the public a uniform sign regulation that preserves the aesthetics within the City and protects the health, welfare and safety of its citizens; and adequately displays commercial message; and WHEREAS, the existing sign ordinance does not present a comprehensive regulation of signage within the City, and due to the evolution of sign regulations since the enacting of the original ordinance, by virtue of litigation and enactment of more comprehensive and innovative ordinances by other municipalities, it is necessary to totally redraft such regulations for the City of Okeechobee; and WHEREAS it is appropriate to set forth the purpose and intent of the ordinance within the Land Development Regulations to illustrate the basis and reasoning for enactment of such regulations. NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City Council for the City of Okeechobee, Florida enacts herein Article IV, Supplementary District Regulations, Division 5, as follows: DIVISION 5. SIGNS. Section. 90-561. Purpose and intent. It is widely recognized that the City of Okeechobee is a predominantly rural community, with reputation as an area comprised of agricultural uses, along with residential and light commercial activities. The City has traditionally permitted advertisement within the City, appropriate to the use or purpose, while attempting to preserve and maintain the natural look and character of the City as a quiet and visitor-friendly community for those wishing to enjoy the atmosphere of a small town. The City Council recognizes that there are various persons and entities that have an interest in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinion. The Council is also responsible for furthering the City's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrian • and vehicles; where signs do not adversely impact the predominantly residential character of the City, and where signs do not conflict with the natural and scenic qualities of the City. It is the intent of the City Council that the regulations contained in this article shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible to the residential scale and character of the City, and which shall Ordinance No. 994 - Page 1 of 16 place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the City's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from right-of-ways and adjacent properties; the surrounding natural rural environment and residential neighborhoods. Section. 90-562. Compliance with division provisions. Except as provided or otherwise prohibited in this division, every sign erected on land, attached to a building, wall, fence, pole, tree, or surface, that is constructed, moved, replaced or substantially altered, shall comply with the regulations of this division. Routine maintenance, repainting or permissible changing of copy or content shall not be considered a substantial alteration. Section. 90-563. Permit and plan required. (1) Except as otherwise provided in this division, no sign shall be erected, operated, used, maintained, enlarged, illuminated or substantially altered until a permit has been issued. (2) A separate application for a permit shall be made for each separate advertising sign or advertising structure, except for customary window displays, official public notices and court markers required by Federal, State or local regulation; also excepting newspapers, leaflets and books intended for individual distribution to members of the public; attire that is being worn, badges and similar personal gear. (3) The application permit shall describe in words and picture form the size, shape and nature of the proposed sign or advertising structure, and its actual or proposed i locations with sufficient accuracy to ensure its proper identification. (4) The application for a permit shall be signed by the applicant or his authorized agent, and by the property owner, if different from the applicant. (5) For multiple occupancy commercial buildings, individual occupants, owners or tenants may apply for a sign permit, but they shall be issued in the name of the lot owner or agent, rather than in the name of the individual occupants. The lot/building owner or their agent shall be solely responsible for allocating allowable sign area and location to individual occupants, owners or tenants, and not the City, subject to these regulations. Section. 90-564. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to their in this section, except where the context clearly indicated a different meaning. Refer to Figure 1 for illustrative examples of various types of signs. Animated Sign means any sign or part of a sign, including the advertising message, which changes physical position by means of movement. Automatic changeable message devise means any sign, which through a mechanical, electrical, solar or other source of power is capable of delivering messages which rotate, or appear to rotate, change or move at any time and in any way, including to-vision or multi-prism sign faces. Banner. A sign having letters, illustrations or ornamentations applied to paper or fabric of any kind, with only such material for a backing. A flag is not a banner. Billboard means an off-premises sign (1) where the top of the sign is in excess of 20 feet above the ground, or (2) which is more than 50 square feet in total sign face area, or (3) which is for other than directional purposes only. ' Building sign means a type of permanent sign displayed upon or attached to any part of the exterior of the building, including walls, windows, doors, parapets, marquees, and roof ' slopes of 45 degrees or saueper. Ordinance No. 994 - Page 2 of 16 Clear visibility triangle means on a comer lot, the triangle of land formed by a straight line connecting two points located on, and 35 feet from, the intersection of the two street property lines. • Facade means that area of a building within a two-dimensional geometric figure coinciding with the outer edges of the walls, windows, doors, parapets, marquees, and roof slopes greater than 45 degrees of a building which is owned by or under lease to a single occupant. Flag. A sign made of a piece of cloth or other material of individual size, color and design, used as a symbol, signal or emblem, or to convey a message. Flags are distinct by the way that they are displayed. Flags are secured on one (1) side, usually on a flag pole, and usually at two (2) points leaving the remainder of the cloth or material hanging limply or drooping. A flag that is secured to a flag pole or other object, living or nonliving, that is at an angle of less than 65 degrees or more than 115 degrees as measured from the horizontal, or is otherwise displayed so that it does not droop, shall be considered a banner. A flag that is greater than fifteen (15) square feet shall be considered a banner. Freestanding sign means any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign or "sandwich sign." Geometric shape means any of the following geometric shapes used to determine sign area: square, rectangle, parallelogram, triangle, circle or semicircle. Ground sign means a freestanding sign, other than a pole sign, supported by the ground, or by uprights or braces placed on or in the ground, and wholly independent of any building for support. Home occupation means a business, profession, or trade conducted within a dwelling for financial gain by an occupant of the dwelling. Illuminated sign means any sign which contains a source of light or which is designed or arranged to reflect light from an artificial source including indirect lighting, neon, incandescent lights, backlighting, and also shall include signs with reflector that depend upon motor vehicle headlights for an image. Monument sign means a ground sign in which the entire bottom of the sign is in contact with the ground. Mural means a painted art form devoid of commercial messages painted on walls or similar building areas. Occupant means any single commercial use (any use other than residential). Off-premises sign means a freestanding permanent sign that is located at a site other than that on which the principal use is located. Permanent sign means any sign, which is designed, constructed, and intended for more than short term use, including freestanding signs and building signs. Pole sign means a sign mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade. Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not necessarily limited to signs on wheels and on trailers, and sandwich board signs. It does not, however, include vehicle signs. • Roof line means a horizontal line intersecting the highest point or points of a roof. Roof sign means a sign placed above the roof line of a building or on or against a roof slope of less than 45 degrees. Ordinance No. 994 - Page 3 of 16 Sign means any identification, description, illustration or devise illuminated or non- illuminated which is visible from any outdoor place or location, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information with the exception of customary window displays, official public notices and court markers required by Federal, State or local regulations; also excepting newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. Sign shall also include all outdoor advertising displays as described within Section 31081.1 Florida Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida Building Code. The term shall exclude architectural features or part not intended to communicate information. Sign area means the area within the smallest regular geometric shape which contains the entire sign copy, but not including any supporting framework, braces or supports. Sign copy means the linguistic or graphic content, including trim and borders, of a sign. Sign face means the part of the sign that is or may be used to display sign copy. Sign height means the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Sign structure means any construction used or designed to support a sign. Snipe sign means any sign, except temporary political campaign signs, of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or fastened in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may not be applicable to the present use of the property upon which such sign is located. Temporary sign means any sign which is designed, constructed and intended to be used on a short-term basis. A permanent sign with periodic changes to the message shall not be considered a temporary sign. Vehicle sign means any sign affixed to a vehicle or trailer. Wind sign means any cloth or plastic or other flexible light material made in strips, triangles or other shapes which are fastened together at intervals by wire, rope, cord, string or other means, or signs that are inflatable, in such manner as to move by wind pressure and which are used or displayed to attract attention to a business, product, service or entertainment. Figure 1 Types of Signs P0 4T^ W N 0 o 6 o~N y r G y6N r't°' P y SIO N ~ A _ LPG ~ I I~GIM~ WALL. 5 I !V d Mn'i~' 4~ 4 AWrN I NtG ~ r.sr.+ Y Ordinance No. 994 - Page 4 of 16 Section. 90-565. Maintenance of signs. (1) All signs allowed by this division, including 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 that may be • adopted by the City. (2) The vegetation around, in front of, behind, and underneath the base of freestanding signs for a distance of 10 feet shall be neatly trimmed, and free of unsightly weeds, and no rubbish or debris that may constitute a fire hazard or health hazard shall be permitted under or near the sign. (3) Signs and sign structures shall always present a neat and clean appearance; any sign not in this condition by virtue of age, weathering, fading, tearing or loose fabric, or other defect shall be corrected within thirty days of written notice. Section. 90-566. Right of entry and inspection. Appropriate City employees or Code officers in the performance of their function and duties and under the provisions of this division may enter into and onto any lands upon which advertising signs or advertisements area displayed and make such inspections and surveys as may be relevant subject to constitutional limitations and state law. Section. 90-567. Exempt signs (no permit required). (1) Signs in Non-Residential Zoning Districts (no permit required). The following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit as set forth herein, so long as they are not considered prohibited signs. (a) Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (b) Lettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, and limited to a maximum of two square feet. (c) Signs within a building, including window signs affixed to the interior of windows and which are visible from the exterior. The area of such window signs shall not be counted as part of the allowable area for building signs. (d) Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into the masonry surface or when constructed of bronze or other similar metallic materials. (e) Professional nameplates for physicians, surgeons, dentists, lawyers, architects, teachers and other like professional persons placed on the premises occupied by the person, not exceeding one square foot in sign face area, provided such professional has a valid business license as may be required for the particular profession to be operated on those premises. (f) Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three square feet in sign face area, and provided such occupant has a valid business license as may be required to operate on those premises. • (g) Holiday decorations, provided that such decorations are removed within 30 days of the particular day being celebrated. Ordinance No. 994 - Page 5 of 16 (h) Construction signs located on a parcel being developed, for the time period of the building permit, or one, year, whichever is shorter, and the sign shall not exceed 32 square feet. (1) On-site directional and traffic control signs of no more than four square feet of sign face, and providing that business logos or other non-traffic control symbols do not exceed 25 percent of total sign face area. (j) Signs in Commercial and Industrial Zoning Districts (no permit required). In addition to any other permitted temporary or permanent sign, the following signs are permitted within Commercial and Industrial zoning districts without the necessity of a sign permit: 1. Within the CBD District only, temporary portable signs placed on the City owned sidewalk in front of the business provided they do not interfere or endanger pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. 2. Signs designating the name of the business operating at the location and which names are printed on the overhanging canopy for those businesses located along and adjacent to Park Street. 3. Banners that celebrate an event, season, community, neighborhood, or district which is sponsored by the city or a recognized not-for-profit community agency or organization. 4. One ground sign no closer than 25 feet to a Residential Zoning District. 5. Window signs affixed to the interior of windows which are visible from the exterior. The area of such window signs shall not be counted as part of the allowable area for building signs. (2) Signs in All Zoning Districts (no permit required). Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit, so long as they are not considered prohibited signs as set forth herein. (a) Not more than two real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. Such signs shall not exceed six square feet in area, and four feet in height. (b) Signs noting the architect, engineer or contractor for a development or project when placed upon work under construction, providing the sign shall be removed within 15 days of issuance of certificate of occupancy. Such signs shall not exceed 32 square feet in area, and six feet in height. (c) Signs as required by law to display building permits or other similar public notices. i (d) Traffic signs, street name signs, legal notices of public meetings or zoning/land use change, danger signs and temporary emergency, when erected by City, County, State or Federal agencies. (e) No trespassing and private property signs not exceeding two square feet in j area. (f) Vacancy or no vacancy signs not exceeding two square feet in sign area. (g) Temporary political campaign signs announcing the candidacy of a candidate for public office not exceeding four square feet in sign area in residential Ordinance No. 994 - Page 6 of 16 I zoned areas, and not exceeding 32 square feet in commercial and industrial areas. The placing of political signs on City property or rights-of-way is prohibited. • Illegally placed signs shall be removed without notice by the Code Enforcement Officer, and all political signs shall be removed within ten days after the election or primary for which the candidate is running. Any such signs removed by the City may be cited against the candidate for code violation under Chapter 162 Florida Statutes, and all actual costs incurred in removal of such signs shall also be assessed in such action. (h) Religious symbols and displays. (i) Garage and yard sale signs within residential districts only, not to exceed two square feet in sign area; such signs shall not be erected in public rights-of- way, on telephone poles, trees or fences, and shall be removed the same day as the last day of the sale. No such signs shall be permitted for a period in excess of three consecutive days. Section. 90-568. Prohibited signs. The following signs are expressly prohibited unless otherwise exempted or expressly authorized: (1) Signs that violate building or electrical codes. (2) Any signs that presents safety, traffic or pedestrian hazard, including signs which obstruct visibility or are located in the clear visibility triangle. (3) Blank signs, or signs that have faded or eroded to the extent no message or display is discernable. (4) Signs with moving lights. Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. Signs with visible moving, revolving, running, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means except for time-temperature-date signs, traditional barber poles, and governmental traffic devices and signage. This prohibition includes 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 except signs of this type that provide time and temperature, or that display an image or electronic message, so long as such display or message does not change more frequently than once every 60 seconds. (5) Signs that are obscene, indecent or immoral. (6) Signs in excess of 100 square feet of sign face or in excess of 30 feet in height. (7) Strings of light bulbs used on commercial properties to promote commercial uses, other than holiday decorations. (8) Inflatable wind signs, except as permitted under allowable temporary signs. (9) Signs that incorporate projected images or emit any sound that is intended to attract attention. (10) Signs that emit audible sound, odor or visible attention, such as smoke or steam. • (11) Signs or sign structures that interfere with the use of any fire escape, emergency exit or standpipe. Ordinance No. 994 - Page 7 of 16 (12) Non-governmental signs that use the words "stop," "look," "danger" or similar word or phrase. (13) Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public rights-of-way, including sidewalks. (14) Signs within 10 feet of a public right-of-way, or within 100 feet of a traffic light, which contain green or red lights, that might be confused with traffic control devises. (15) Search or spot lights used to advertise or promote a business or event or to attract customers to the location, except as permitted under allowable temporary signs. (16) Signs erected on public property without the permission of the appropriate public authority, other than signs erected by public authority for public purposes, and signs authorized in writing pursuant to Florida Statute 337.407. (17) Signs erected over or across any public street, on public rights-of-way, or in any public parks, except those that the City would permit for temporary or charitable civic functions, such as, including, but not limited to, church events, Cattlemen's Rodeo, Speckled Perch Festival, holiday parades,, Chamber of Commerce events, and the like, as approved by the appropriate City Department. (18) Portable signs, including those inserted or fastened to the ground by stake or wires, similar to a political sign; signs mounted on a trailer or towable frame typically surrounded by flashing lights and an arrow with sign display area are prohibited except as otherwise permitted as temporary signs. (19) Roof signs, as defined in this division. (20) Signs placed, erected or posted on trees, telephone or utility poles, lampposts, hydrants, fences, or any public building, or within the public park, except for banners that celebrate an event, season, community, neighborhood, or district which is sponsored by the city or a recognized not-for-profit community agency or organization. (21) Billboards, as defined in this division. j (22) Signs or posters covering the windows and doors of a convenience business in such number and location so as to obscure one's vision into the business, as provided by Florida Statute 812.173. (23) Snipe signs, as defined in this division. (24) Signs placed on benches, bus shelters, or waste receptacles except: (a) as may be authorized in writing pursuant to F.S. 337.407; and, (b) waste or recycling receptacles located on-site and containing only the name of the business or organization and the term "waste", "recycling" or similar terms intended to confer the purpose of the receptacle. (25) Signs or commercial displays on motor vehicles, trailers, boats, or other transportable device in excess of 10 square feet total, when such vehicle, boat, trailer or device is parked on any public street, public right-of-way, on-street parking space or other public parking area, or other municipally owned property, except: (a) for the period during which the driver is visiting, patronizing, or providing delivery or service to, an establishment in the immediate vicinity; or, i (b) for vehicles which are customarily used on a daily basis for delivery or service and which are parked in the immediate vicinity of the business to ! which they are associated. The purpose of the subsection (25) is to prevent the deliberate use of a vehicle or other device to thwart the City's limitations on off-premises advertising. Ordinance No. 994 - Page 8 of 16 9 (26) Off-premises signs on any property other than property located within the Industrial Zoning District, except that certain off-premises signs are allowed as provided for under subsections (24)(a) and (25) of this section and in Sec. 90-575. • Section. 90-569. Sign area computation. (1) For freestanding signs, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the sign face. (2) For building signs, except murals, the sign area shall be the area within the smallest geometric shape that touches the outer point of raised portions of the sign, or all of the borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures. (3) For freestanding signs where two sign faces are placed back to back on a single sign structure, and the faces are at no point more than four feet apart, the sign area shall be the area of one of the faces. (4) For freestanding signs, where four sign faces are arranged in a square, rectangle, or diamond, the sign area shall be the area of the two largest faces. (5) Where a freestanding sign or building sign is in the form of a three dimensional object, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the largest possible two dimensional outline of the three dimensional object and multiplying that area by two. Section. 90-570. Permitted temporary signs (no permit required). (1) Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the City. (2) The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requirements associated therewith. (a) Signs to indicate that an owner is, either personally or through an agent, actively attempting to sell, rent, or lease property on which the sign is located, provided that the sign: 1. does not include the price, terms or similar details. 2. is not illuminated in any manner so as to create a traffic hazard or distraction, or constitute a nuisance to any adjacent or surrounding property. 3. does not exceed six square feet in area in residential districts. 4. does not exceed 32 square feet in all other districts. 5. is removed immediately after sale, lease or rental. (b) Signs, portable signs, temporary banners, and non-inflatable wind signs, to indicate a new business, the grand opening of a business or other activity, or that indicate a special business sales event, provided that sign is not placed on the public right-of-way. (c) Construction site identification signs provided that the sign: 1. does not exceed 32 square feet in sign area. • 2. is not displayed more than 60 days prior to the beginning of actual construction of the project. 3. is removed within 15 days after the issuance of the final certificate of occupancy Ordinance No. 994 - Page 9 of 16 4. is removed if construction is not initiated within 60 days after the message is displayed, or if construction is discontinued for a period of more than 60 days, pending initiation or continuation of construction activities. 5. is not located on a public right-of-way. (d) Signs, including portable signs, to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational or religious event or function, provided that the sign: 1. is located on the lot same property where the event will occur or, if located elsewhere, the written consent of the property owner on which the sign(s) will be located has been obtained, 2. is not displayed more than 14 days prior to the event, and 3. is removed within three days after the event. (e) Within the CBD District only, temporary portable signs placed on the City owned sidewalk in front of the business provided they do not interfere or endanger pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. (f) Permitted temporary signs shall not be counted as part of allowable area for freestanding or building signs. Section 90-571. Freestanding monument signs. Freestanding monument signs are permitted within all Commercial and Industrial Zoning Districts provided that; (1) The sign area for each multiple occupancy complex and each occupant not located in a multiple occupancy complex shall not exceed 64 square feet in area, or eight feet in height. (2) No development shall have more than one freestanding monument sign. (3) They are located consistent with all applicable set back requirements and are not located in a public right-of-way. Section 90-572. Building Signs. (1) Building signs for buildings with a single business or occupant; (a) One square foot of sign face area for each linear foot of the building width that faces the front of the lot, provided that no single building sign on any one side of a building shall exceed 60 square feet of sign face area (for example, if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet. i (b) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by Section (a) above. (2) Building signs for buildings with multiple businesses or occupants. I (a) One square foot of sign face area for each linear foot of the unit occupied by one business or occupant, provided that no such building sign shall exceed 48 square feet of sign face area for any one business (for example, if the width of a unit or several units occupied by one business is 24 feet, then one sign, a maximum of 24 square feet of sign face is permitted). Ordinance No. 994 - Page 10 of 16 (b) Building signs for different occupants shall be separated by a minimum distance of 36 inches. (3) In lieu of the above described fascia signs, a business may install a single bracket sign or a single marquee sign in accordance with the following: • (a) The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than 60 square feet of projected sign face area. (b) There shall not be more than 12 inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. (c) No portion of such sign shall extend above the height of the roof. (d) No portion of such sign shall be closer than three feet of any sidewalk, bike path, or pedestrian walkway and no closer than five feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to,or suspended from the roof of any building. Section 90-573. Inflatable wind signs, search lights, and spot lights. Inflatable wind signs, searchlights, and spot lights shall be permitted within the Commercial and Industrial Zoning Districts under the following conditions: (1) Issuance of a sign permit shall be required; (2) No such inflatable wind sign, search light, or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, (3) No such inflatable wind sign, search light, or spot light shall be placed on the public right-of-way. Section 90-574 Display of street numbers required. All businesses shall display the street number in a manner that is prominent and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways. Section 90-575. Off-premises signs. Except for signs on benches or bus shelters, which are permitted exceptions under Subsection 90-568(24)(a), off-premises signs located in other than the Industrial Zoning District are permitted only for directional purposes and must meet all of the following conditions: (1) That such signs are not within a public right-of-way, and a current and valid lease or letter of permission from the property owner for placement of the sign at that location, accompanies the permit application. (2) That such signs shall not exceed 20 feet in height nor display a sign face in excess of 50 square feet. (3) An off-premises directional sign, may be erected in any zoning district but shall not be attached to another existing sign, or be within 100 feet of a similar sign, or within 600 feet along the street of a sign for the same establishment. • (4) That such signs contain no advertisement other than the name and type of the business, and directional information to travel to that business. (5) That such signs located within any residential district make no reference to a commercial or industrial business or use. Ordinance No. 994 - Page 11 of 16 Section. 90-576. Development signs and entrance signs for subdivisions, multi- family or PUD developments. (1) Signs for purposes of announcing a coming development project may be placed within any Commercial and Industrial Zoning District, subject to the following: (a) Issuance of a sign permit shall be required, and no such sign shall remain on any development parcel for a period of time exceeding one year from the issuance date of the permit. (b) Complete and proper applications for building permits for the related development project must be submitted within 60 days of the placement of any such sign, or the sign shall be removed. (c) Such sign shall be removed within 30 days of the issuance of any certificate of occupancy, or at any time when construction ceases for a period of time longer than 30 consecutive days. (d) Only one such sign shall be placed upon the development parcel, and the sign face area and height of such sign shall not exceed 32 square feet and six feet in height, respectively. (2) Within non-residential zoning districts, one sign advertising the sale or lease of the property shall be allowed per lot or development parcel and such sign shall be limited to eight feet in height and a maximum of 24 square feet of sign face area. A sign permit shall be required for such signs, and these signs shall be removed within 10 days of sale or lease of the property. (3) Except for exempt signs as herein provided, signs within Residential or PUD Zoning Districts shall be limited to those set forth below. (a) For Single Family and Multi-Family Residential Subdivisions, and developments containing more than 10 building lots, where individual lots are accessed from a common internal roadway, one sign identifying the name of the subdivision or project shall be allowed at each entranceway from a collector or arterial street, provided that: 1. There shall be no more than two signs per subdivision or development. 2. Sign area shall not exceed 32 total square feet of sign face area. 3. Maximum sign height shall not exceed eight feet. 4. Any such sign shall be freestanding or monument style. Where more than one sign is allowed, each such sign erected shall be constructed and designed in the same manner. 5. These signs may be only externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot. 1 (b) For multi-family residential uses, development identification signs, internal directional signs and building identification signs are allowed subject to the following: 1. One freestanding or monument style sign identifying the name of the development shall be allowed at each entrance provided that: a. There shall be no more than two signs per development. b. Sign area shall not exceed 32 total square feet of sign face area for each sign. I Ordinance No. 994 - Page 12 of 16 C. Maximum sign height shall not exceed eight feet. d. Where more than one sign is allowed, each such sign shall be constructed and designed in the same manner. • e. These signs may be externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot 2. Internal directional signs and signs identifying buildings shall be limited to three feet in height and eight square feet of sign face area. Section. 90-577. Special regulations forsigns in residential and PUD zoning districts. (1) A home occupation may have one non-illuminated sign, not exceeding one square foot, mounted flat against the principal building. (2) A boardinghouse or day care center located in a multi-family residential district may have one non-illuminated sign, not exceeding eight square feet and, if freestanding, eight feet in height. (3) Except as may be permitted as a temporary sign, no portable sign hall be permitted in any residential zoning district or that portion of a PUD that is devoted to residential use. Section. 90-578. Code compliance. All permanent signs and the illumination thereof, shall be designed, constructed and maintained in conformity with applicable provisions of the building and electrical codes. Section. 90-579. Illumination standards. (1) Sign lighting may not be designed or located to cause confusion with traffic lights. (2) Illumination of the sign is permissible, provided that none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets. (3) Illuminated signs shall not have lighting mechanism that project more than eighteen inches perpendicularly from any surface of the sign over public space. Section 90-580. Placement standards. (1) 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 of the easement or right-of-way, and the owner of the sign, or with the written approval of the City of Okeechobee. (2) No freestanding sign shall project over a public right-of-way. (3) No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. (4) No sign or sign structure shall be within 15 feet of the outside boundary of any public highway, or within 200 feet of any church, school, public park, public reservation, public playground or recreation area, or residential zoned district. The distance to the sign shall be measured along the public highway on which the advertisement is located; provided however, that signs may be erected on any • business lot within one hundred twenty feet of any residential zoned district, or may be affixed or painted upon any business building within any business district, with the exception of murals which is governed by this code. Ordinance No. 994 - Page 13 of 16 Section. 90-581. Clearance standards. (1) All signs over pedestrian ways shall provide a minimum of seven feet six inches of clearance. (2) All signs over vehicular ways shall provide a minimum of 17 feet of clearance.! Section. 90-582. Design standards. (1) All freestanding signs shall be designed to resist a wind pressure of twenty pounds per square foot in any direction. (2) No building sign may project more than 18 inches from the building wall. Section. 90-583. Nonconforming signs. All signs which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by these provisions herein, shall be allowed to remain in accordance with the following conditions: (1) Freestanding signs made nonconforming at the initial date of these amended regulations which are not in compliance only with respect to the minimum required distance of five feet from any property line shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right-of-way, or utility easement and that no interference with clear clearance distance exists, and further provided that such signs are otherwise in compliance with the terms of this code. (2) Freestanding signs made nonconforming at the initial date of these amended ' regulations, which are not in compliance with respect to maximum width, height or size shall be allowed to remain, provided that such signs are otherwise in compliance with the terms of this code. (3) Nonconforming signs, including those as described in Sections (1) and (2) above, shall be made conforming with all provisions of this code when any of the following changes are made: (a) Any change to the structural support or structural materials, including temporary relocation associated with routine maintenance of a property, where the cost of such change exceeds 50% of the replacement value of the sign including the supporting structure if it is a freestanding sign. (b) Any voluntary change which increases the height, size, display area or illumination of a sign. (c) Any sign on which 50% or more of the material making up the sign face is replaced (excluding the mere repainting of the message, or the replacement of removable lettering attached to the material making up the sign face, where the cost of such change exceeds 50% of the replacement value of the sign including the supporting structure if it is a freestanding sign. (d) Any sign which is involuntarily damaged to the extent that the repair of such damage exceeds 50% of the replacement value of the sign including the supporting structure if it is a freestanding sign.- (e) Any replacement of an abandoned sign, defined as any sign not routinely maintained as required by this code. (f) Any change necessary for compliance with Florida Building Code ID ~ requirements. (4) Signs which constitute a hazard. The preceding provisions of this Section shall not be construed to apply to signs that are abandoned, deteriorated, dilapidated, or in Ordinance No. 994 - Page 14 of 16 a general state of disrepair, or which are determined to create a hazard to public safety. A nonconforming sign which constitutes a hazard to public safety or welfare shall be removed or relocated within 30 days of notification to the property owner by the City. • (5) Discontinuance of use. Nonconforming signs shall be removed by the property owner when the principal structure on the property on which the sign is located is demolished. (6) Maintenance. A nonconforming sign shall be maintained in a neat and proper working order, or shall be removed. Section. 90-584. Violation constitutes nuisance; abatement. Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted or displayed in violation of this code is hereby declared to be a nuisance, and shall be forthwith removed, obliterated or abated. Any portable sign such as snipe signs or real estate signs may be removed without notification of the property owner, or such advertiser, if such sign is placed in a public right-of-way. Section. 90-585. Permit application and approval process. (1) The developer shall submit to the building official a completed sign application. (2) Within 10 days after receipt of an application, the building official shall determine that the information is complete or incomplete and inform the developer of the deficiencies, if any. If the application is deemed: (a) Incomplete, the developer may submit the required information within 10 days without payment of an additional application fee, but if more than ten days elapse, the developer must then initiate a new application and pay a new application fee; or (b) Complete, the building official shall determine if the sign meets all provisions of this code, and shall issue the permit which states whether the application is approved, denied or approved with conditions, within twenty-one days of receiving the application. Section. 90-586. Procedure for appeal. Any administrative decision that is made by any City Official in the administration or enforcement of this code may be appealed within 30 days to the Board of Adjustment and Appeals, whose decision shall be final. Section. 587. Murals. (1) Murals shall be permitted on all Commercial or Industrial structures within the City. Murals which depict historical and cultural scenes, and which contain no commercial messages, shall be developed in conjunction with, and under the guidance and supervision of, Okeechobee Main Street Inc., and shall be governed by the provisions of Appendix F, and shall be subject to the following: (a) No mural may, as determined by the City Council, contain any picture, representation, graphic or display, that the average citizen, applying contemporary community standards, would find that the mural, taken as a whole, appeals to the prurient interest; depicts or describes, in a patently offensive way, sexual conduct as defined in this code, and lacks any serious commercial, literary, artistic, political or scientific value; and • (b) No mural may be in such proximity to the road or right-of-way of the City, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concerns. Ordinance No. 994 - Page 15 of 16 Section. 90-588 Signs and artwork not qualifying as murals. Art forms on walls or other external building areas which are not considered murals due to their commercial content are permitted in the City of Okeechobee, but shall be considered signs, and the total area of such signs shall not exceed one hundred square feet of sign face. Such signs shall be subject to all applicable Sections in this division and the provisions of Appendix F shall not apply. Section. 90-589 Unsafe locations and offensive signs prohibited (1) As determined by the City Council, no sign subject to this Section may contain any picture, representation, graphic or display, that the average citizen, applying contemporary community standards, would find that the sign, taken as a whole, appeals to the prurient interest; that the sign depicts or describes, in a patently offensive way, sexual conduct as defined in this code, and the sign lacks any serious commercial, literary, artistic, political or scientific value; and (2) No sign may be in such proximity to the road or right-of-way of the City, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concerns. Sections 90-590 through 90-600 Reserved. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage INTaODOCEP for first reading and set for final public hearing on this 17day of March, 2009,. W44- ATTEST: James Kirk, Mayor Lane Gamiotea, MC, City Clerk j PASSED AND ADOPTED after Second and Final Public Hearing this 216' day of April, i . AT ST: i James E. Kirk, Mayor Lan Gamiotea, MC, City Clerk i - R~EWED FOR LEGAL SUFFICIENCY: I John R. Cook, City Attorney Ordinance No. 994 - Page 16 of 16