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HomeMy WebLinkAbout1986-31TABLE OF CONTENTS SECTIONI ..................................................... 1 SECTIONII ............................................................ 1 1. PURPOSE AND INTENT .................................................. 1 SECTIONIII.............................................................. 1 2. DEFINITIONS......................................................... 1 SECTION1V............................................................... 5 3. SIGN REGULATING PROCEDURES 0000..... ................................ 6 a. Administration of Sign Permit Applications and Fees ............ 6 i. Sign Permit Applications .. .. ... 0000. 0000. 6 ... . 0000. .. ... .. lie Review of Sign Permit Application/Administrative Permit ... 7 ilio Building Permits For Signs ... 0000 ............... 7 iv. Field Inspections of Freestanding Signs Prior to Pouring of Footers 0000 ......... 7 b. Placement of Permit Label ........ 0000... 7 c. Revocation of Permits ... 7 SEC'T'ION V................................................................ 7 4. EXEMPTIONS TO PERMITTING PROCEDURES ................................. 7 a. Provisions Regulating Exempted Signs ........................... 7 b. Signs Exempted From Permitting Procedure ....................... 7 i. Identification Signs ... ........ .................... 7 ii. Traffic Regulatory and Directional Signs 7 iii. Instructional Signs ....................................... 7 iv. Memorial Signs ........................................... 0 8 v. Window Signs 0000.. 0000 ................................ 8 vi. Gasoline & Fuel Pricing Signs 8 Vile No Smoking Signs ................ ................... 8 viii.Real Estate For Sale, Lease, or Rental Signs .............. 8 ix. Flags .... .00.00. .................................... 9 x. Non -Commercial Decorative Art 9 _.. xi. Holiday Signs ............................................. 9 xii. Garage Sale Signs 000 0 ................................ 9 xill .Temporary Construction Signs 10 xiv. Change of Copy ... ......................... 10 xv. Right -of -Way Acquisitions ................................. 10 SECTION VI............................................................ 10 5. PROHIBITED SIGNS .................................................. 10 SECTIONVII.............................................................. 11 6. GENERAL SIGN REGULATIONS ............................................ 11 a. Construction Standards ......................................... 11 i. Compliance With Building Code ........... 11 lie Compliance With Electrical Code ........................... 11 Do Maintenance.................................................... 11 TABLE OF CONTENTS (CONT.) Page c. Signs Not to Constitute a Traffic Hazard 11 d. Signs Not to Encroach Electric Utility Clear Zone 11 e. Illuminated Signs 11 f. Height of and Distance Separating Signs 12 SECTION VIII............................................................. 12 7. REGULATIONS FOR TEMPORARY SIGNS REQUIRING PERMITS 12 a. Political Signs12 i. Timing of Placement12 ii. Timing of Removal13 iii. Removal Bond Required ............ 13 iv. Procedure for Waiver of Removal Bond 13 v. Zoning Districts Permitted .... .. .. .. ........... 13 .. ... vi. Temporary Political Signs in Residential Districts ........ 13 vii. Temporary Political Signs -in Nonresidential Districts 13 viii.Reimbursement for Removal Expense .. 14 ix. Violations ................................................ 14 b. Special Event Signs .......................................... 14 Is Application ...... ......... .... 14 ii. Duration of Sign Display Restricted ....................... 14 iii. CcaTliance with Condition of Sign(s) Placement and Removal ........... ..... .... 14 C* Active Subdivision or Real Estate Development Signs ............ 14 i. Character of Sign ......................................... 14 ii. Number of Signs Permitted15 iii. Filing of Plat15 iv. Authorization for Sign Placement 15 SECTION IX15 8. REGULATIONS FOR PERMANENT IDENTIFICATION SIGNS REQUIRING PERMITS15 a. Identification Signs Residential Zoning Districts 15 i. Single -Family Residence or Duplexes 15 lie Residential Developments of Three Units or More 15 iii. Subdivision Entrance Signs ............... ... 15 iv. Identification Signs For Approved Non -Residential Uses Within Residential Districts 16 b. Identification Signs for Non -Residential Districts16 i. On -Premise Freestanding Signs in Non -Residential Districts, Excluding Camnercial/Industrial Complexes 16 lie Conmercial/Industrial/Institutional Complex Signs 16 iii. Building Facade Signs In Non -Residential Districts 16 iv. Overhanging or Projecting Signs 17 v. Off -premise Directional Signs 17 c.: Modifications to the Schedule of Regulations 0 0 a 0 a 0 0 0 0 0 0 0 0 a 0 0 0 0 18 SECTIONX................................................................ 18 9. NONCONFORMING SIGNS18 a. Continuance of Existing Nonconforming Signs ...... 18 b. Alterations to Nonconforming Signs 19 7 TABLE OF CONTENTS (CONT,) Page c. Termination of Nonconforming Signs 19 i. By Abandonment19 ii. By Violation .................. ... ...........0..0..0.0. 19 ilia By Destruction, Damage or Deterioration 19 SECTIONXI............................................................... 19 10, REMOVAL OF PROHIBITED OR UNLAWFUL SIGNS 19 a. General Policy Regulating Removal 0000... 19 b. Continuation and or Removal of misting Signs or -Grandfather Clause19 c. Unlawful Signs20 SECTIONXII.............................................................. 20 11. ENFORCEMENT OF THE SIGN ORDINANCE ................................ 20 a. Duty of Enforcement ............................... 20 b. Removal of Prohibited, Unlawful and Nonconforming Signs ........ 20 c. Violations and Enforcement Procedures 20 d. Penalties for Violation ........................................ 20 e. Procedures for Appeal 0000 ................................ 20 SECTION XIII ........... ......... 20 SEVERABILITY20 SECTIONXIV.............................................................. 21 EF'FEC'TIVE DATE........................................................... 21 TABLEI'................................................................ 22 SCHEDULE OF REGULATIONS FOR PERMANENT SIGNS REQUIRING PERMITS 22 STREET FACADE SIGN AREA TABLE ............................................ 25 ... -., a. '., 0000 ... ,.. .. .... .......... ORDINANCE NO. 86-31 AN ORDINANCE OF •UNTY, FLORIDA, REPEALING 1 OF i •DOF ORDILANCES AND CREATING SECTIONS•• ED"SIGN •; STATING PURPOSEFORTH AND INTENT; SETTING • • eLISHING SIGN REGULATING PROCEDURESS REQUIRINGPROVIDING FOR EXEMPTIONS TO PERMITTING PROCEDURES1 IDENTIFYING PROHIBITED SIGNS* I STIPULATING GENERAL SIGN REGULATIONS; PROVIDING REGULATIONS FOR TEMPORARY SIGNS INCORPORATING REGULATIONS •. PERMANENT IDENTIFICATION Sr REQUIRING SIGNS;D12 NOONFORMING SIGNSIPROVIDING FOR REMOVAL OF PROHIBITED OR UNLAWFUL SIGNS, IDENTIFYING ENFORCEMENT PROCEDURES* ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING DATE*EFFECTIVE NOW, THEREFORE, BE IT ORDAINED, by The Board of County Camussioners of Indian River County, Florida. That Section 25-0 of the Code of Ordinances of Indian River County is hereby repealed. That the Code of Ordinances of Indian River County is hereby amended by adding a Section to be numbered 25-0.1, which section reads as follows. Section 25-0, SIGN REGULATIONS It is the intent of this Ordinance to promote and protect the public health, safety, general welfare, and aesthetics of Indian River County, Florida, and limiting the existing and proposed posting, display, erection, by regulating use and maintenance of signs, billboards, and other advertising structures within the County. With respect to signs advertising business uses, it is specifically intend- ed, among other things, to avoid excessive proliferation and clutter among sign displays competing for public attention. Therefore, the display of signs should be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification. Furthermore, it is determined that the signs of least value to people within the County are those which carry commercial messages other than advertisement of any product, service, event, person, real estate, institution, or business located on the premises where the sign is located, however, it is realized that a restricted number of off -premise directional signs are needed to convey information to the public. It is further intended to protect property values, create -a more attractive economic and business climate, enhance and protect the physical appearance of the County, preserve the scenic and natural beauty of the County and provide a more enjoyable and pleasing community. Also, it is intended hereby to improve vehicular and pedestrian safety, curb the deterioration of natural beauty, and reduce visual pollution." These objectives are consistent with the County's Comprehensive Plan and are vital to continued growth in the area's tourist industry which aggressively markets the County's high "quality of life" and "scenic beauty". To this end, the sign ordinance equitably allocates commercial and noncommercial signage and reduces the likelihood of future clutter along the County's transportation corridors. That the Code of Ordinances of Indian River County is hereby amended by adding a Section to be numbered 25-0.2, which section shall read as follows: 112. DEFINITIONS For the purpose of this ordinance certain terms and words are defined as follows: -1- (1) ABANDONED SIGN. (on -premise) An on premise sign is considered abandoned if the business identified on that sign has not been conducting business at the site on which the sign is located or at the location noted on the sign for a period greater than one hundred eighty (180) days or the sign is in a condition of disrepair as stated in Section VII (6)(b) of this ordinance. A sign shall not be considered abandoned for businesses which operate on a seasonal basis. (2) ABANDONED SIGN (off -premise). A sign which advertises goods, products, services or facilities which are no longer available to the public or a sign which directs persons to a different location where such goods, products, services or facilities are not available. (3) ADD-ON SIGN. Any additional sign area added to a permitted sign prior to obtaining a permit for the additional sign. (4) A -FRAME SIGN. A movable sign not secured or attached to the ground as required by this Code. (5) ADVERTISING STRUCTURE. Any structure, with or without any advertisement display thereon, situated upon or attached to real property, upon which any sign may be placed and. a. is used to inform, attract attention, or advertise; and , be is readily visible from any public place off the premises upon which the writing, pictorial representation, decoration, emblem (except a religious emblem) flag, figure or character is located. (6) ANIMATED .SIGN. A sign with physical action or motion or the appearance thereof, using manmade or wind actuated elements, including rotating, oscillating, fluttering, flashing, or swinging signs, streamers, balloons, or banners, but excluding allowed flags, traditional barber poles, electronic adjustable alternation displays, and time/temperature units. (7) BANNER. Any sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, balloons, or fabric of any kind with only such material for foundation. The word "banner" shall also include pennant or any animated device, with or without lettering for design, and manufactured and placed for the purpose of attracting atten. tion. (8) BILLBOARD (OFF -PREMISE SIGN). Any sign or framework thereof installed for the purpose of directing the public to the location of a business, residential c0flu mzity, church, institution or civic organization at a place other than a location of the sign. (9) BUILDING FACADE. That portion of any exterior elevation of a building extending from grade to the roof line and the entire width of the building elevation, including window area. (10) BUILDING OFFICIAL. The words "Building Official" shall mean the Director of the Building Department and all inspectors working under his authority and direction. (11) BUILDING SETBACK LINE. The building setback line is that line established by the Code of Laws and Ordinances of Indian River County, Florida. (12) CANOPY SIGN. - Any sign installed on any ornamental roof -like structure of cloth or otherwise that provides or suggests shelter and projects from a wall or is supported by columns, or any temporary or pennanent cover providing shelter or decoration (as over a door or window), including an awning. (13) CHANGEABLE COPY SIGN. A sign which has message characters that are not permanently attached to the sign, but which are attached to permit numerous changes of the message at the sign without repainting of any part of the .sign or removal of any parts of the sign except the messages characters. (14) CODE ENFORCEMENT OFFICIAL. The County Planning and Development Director or his representatives duly authorized by the Board of County Commissioners to enforce this ordinance. (15) COMMERCIAL/INDUSTRIAL/INSTITUTIONAL COMPLEX. A land area of three (3) or more acres under unity of title which is designed to accommodates 1) an office park; 2) a retail shopping center; 3) a discount or wholesale mart; 4) an industrial center, 5) a hospital or 6) a park (16) CONSTRUCTION SIGN. A temporary sign erected on the premises on which con- struction is taking place, during the period of such construction, identi- fying the project, completion date and those engaged in construction on any building site. This includes the builder, contractor, developer, architect, engineer, financing entity, or other persons or artisans involved in said construction. (17) COUNTY. Unless the context clearly discloses the contrary intent, County shall mean the Indian River County, Florida. (18) DECK LINE. See Roof Line. (19) DEVELOPMENT SIGN. A temporary sign advertisingthe sale or rental of structures under construction upon land which is under development. (20) DIRECTIONAL SIGN. Any sign permanently or temporarily installed on public property by or with approval of the County or any authorized governmental agency. Such directional signs shall be designated to guide or direct pedestrians or vehicles to any public building, civic organization signs, houses of worship, hospitals, or transportation facilities. (21) DIRECTORY SIGN. A sign which lists only the names of individuals or businesses within a building, or contiguous buildings on one premises. (22) DOUBLE-FACED SIGN. A sign with two faces. -of equal dimensions, parallel to each other, and back to back. A double faced sign shall be considered one (1) sign for the purpose of this ordinance. (23) FACADE SIGN. See Wall Sign. (24) FLAG. A piece of fabric with a color or pattern that represents some country, state, county, city, party, organization, or business entity. (25) FLASHING SIGN. Any sign with a light or lights which flash, blink, change in intensity or otherwise create the illusion of flashing or movement. (26) FREE STANDING SIGN. A sign which is supported by one or more columns, uprights, or braces (ground or pole sign) anchored into the ground indepen- dent of support froany building, including ncluding ground signs and pole signs. (27) FRONTAGE STREET FACADE. A building facade which fronts on a street. If same shall be over thirty (30) feet high, only the first thirty (30) feet of commercial facade shall be considered the frontage street facade. (28) GROUND SIGN. See Free Standing Sign. (29) HEIGHT, SIGN. The vertical distance to the highest point of a sign. Free standing signs shall be measured from the average natural grade or the minimum flood elevation, whichever is higher. (30) IDENTIFICATION SIGN. 'A sign which contains no advertising and the message of which is limited to conveying street numbers, the name, address and numbers of the premises, or the name of the owner or occupant of the premises. (31) ILLUMINATED SIGN. A sign which gives forth artificial light or reflects such light frau an artificial source. (32) INSTALL. To erect, replace, hang, paint, display, apply, or otherwise put in place in any manner whatsoever. (33) INSTRUCTIONAL SIGN. A sign conveying instructions with respect to the premises on which it is maintained, such as, but not limited to, "Exit", "Entrance", "Parking", "No Trespassing", "No Solicitation", or similar instruction. (34) MOCRIAL SIGN. A sign or table indicating a dedication or the name of the building and is cut into a masonry surface or constructed of metal as part of the building. (35). MESSAGE CENTER SIGN. Any sign that can automatically display words, numerals, and/or characters in a prograimv,3d manner. (36) MULTIPLE -FACED SIGN. A sign with more than two faces. (37) NONCONFORMING SIGN. Any sign which was lawful prior to the enactment of this ordinance but which does not canply with the regulations of this Sign Ordinance, or subsequent amendments. (38) NCT-RESIDENTIAL DISTRICTS. Non-residential zoning districts referenced in Section 25-O "Sign Regulations" and the Code of Laws and Ordinances of Indian River County. (39) OFF -PREMISE DIRECTIONAL SIGN. See Billboard. (40) ON -PREMISE SIGN. See Point of Purchase Sign. (41) PARAPET. That portion of the facade which extends above the roof immedi- ately adjacent thereto. (42) PERSON. The word "person" shall include individuals, partnerships, asso- ciations, corporations, trusts, ccapanies, or other similar entities. (43) POINT OF PURCHASE SIGN (ON PREMISE SIGN). Any structure, device, display board, screen, surface or wall,. characters, letters, or illustrations placed thereto, thereon, or thereunder by any method or means whatsoever where the matter displayed is used for advertising on the premises, a product or service, actually or actively offered for sale or rent thereon or therein. (44) POLE SIGN. See Free Standing Sign. (45) POLITICAL SIGN. Any non -permanent sign relevant to the candidacy of any person who is qualified under the laws of Florida as a candidate for an elective office of Indian River County, any municipality, school district, special taxing district, or other publicly elected office within Indian River County or any other Florida County, State of Florida, or United States, or signs advocating an issue that will appear on any primary, general or special election ballot in the County. (47) PROJECTING SIGNS. A sign other than a wall sign which is attached to and projects no more than 18" from a structure or building face. Area of a projecting sign is calculated on one face only. (48) PUBLIC SIGN. A sign placed under the authority of duly authorized govern- ment officials, including traffic signs, civic signs, legal notices, public safety signs, or signs placed by such authorized official for the public health, safety, welfare, and convenience. (49) REAL ESTATE SIGN.. Any sign installed by the owner or his agent on a temporary basis, advertising the real property upon which the sign is located for rent, sale, or lease. (50) RESIDENTIAL DISTRICTS. Residential districts as referenced in Section 25-0 "Sign Regulations" shall be deemed to include the districts such as but not limited to: A-1, RFD, RS -1, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, RM -141 RMH-6, RMH-8, and the CRVP zoning districts. (51) REVOLVING SIGN. See Animated Sign. (52) ROOF LINE (DECK LINE). The intersecting lines of a roof formed at the junction of the roof with the walls of a building. On a sloped roof, the deck line is the intersection of the sloped roof sides with the uppermost flat roof. (53) ROOF SIGN. Any outdoor advertising display sign, installed, constructed or maintained above the roof line of any building, excepting allowable signs on a parapet or marquee. (54) ROTATING SIGN. See Animated Sign. (55) SANDWICH SIGN. See A -Frame Sign. 4 including (46) PREMISES. A distinct unit or parcel of land the appurtenances thereon. (47) PROJECTING SIGNS. A sign other than a wall sign which is attached to and projects no more than 18" from a structure or building face. Area of a projecting sign is calculated on one face only. (48) PUBLIC SIGN. A sign placed under the authority of duly authorized govern- ment officials, including traffic signs, civic signs, legal notices, public safety signs, or signs placed by such authorized official for the public health, safety, welfare, and convenience. (49) REAL ESTATE SIGN.. Any sign installed by the owner or his agent on a temporary basis, advertising the real property upon which the sign is located for rent, sale, or lease. (50) RESIDENTIAL DISTRICTS. Residential districts as referenced in Section 25-0 "Sign Regulations" shall be deemed to include the districts such as but not limited to: A-1, RFD, RS -1, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, RM -141 RMH-6, RMH-8, and the CRVP zoning districts. (51) REVOLVING SIGN. See Animated Sign. (52) ROOF LINE (DECK LINE). The intersecting lines of a roof formed at the junction of the roof with the walls of a building. On a sloped roof, the deck line is the intersection of the sloped roof sides with the uppermost flat roof. (53) ROOF SIGN. Any outdoor advertising display sign, installed, constructed or maintained above the roof line of any building, excepting allowable signs on a parapet or marquee. (54) ROTATING SIGN. See Animated Sign. (55) SANDWICH SIGN. See A -Frame Sign. 4 (56) SIGN. Any writing (including letter, word, or numeral); pictorial rep- resentation (including illustration or decoration); emblem (including service mark, symbol, or trademark) except a religious emblem; flag (banner or pennant); any other figure or character or any structure or part thereof on which such writing, pictorial representation, emblem, flag, or other figure or character is installed or placed (except a building to which the same may be attached) which. (a) Is used to inform, attract attention, or advertise; and, (b) Is readily visible from any public place off the premises where the sign is located. Whenever the word "sign" appears in this ordinance it shall include "advertising structure." Whenever the word "sign" is used in this ordinance it shall include buildings or other structures shaped to resemble in configuration or design a product for sale such as, but not limited to, hot dogs, hamburgers, ice cream cones, shoes, automobiles, or fruit. (57) SIGN, AREA OF SIGN. The area of the single face side of the sign within a perimeter which forms the outside shape, including any frame forms and integral parts of the display, but excluding the necessary supports, pole covers, or uprights on which the sign may be placed. The copy area of the sign shall be the actual area of the�sign copy applied to any background as cccnputed by straight lines drawn closest to copy extremities encompassing individual letters or words. (58) SNIPE SIGN. Any sign placed on any tree, utility pole, or similar object. Also, any sign installed without permission. of the owner of the property where the. sign is placed. (59) SWINGING SIGN. Any sign installed by any means which allows the sign to swing back and forth by wind action. (60) TEMPORARY SIGN. Any sign intended to be displayed for a limited period of time only, usually for less than one year. (61) TIME AND TEMPERATURE SIGN. A display containing illuminated numerals flashing alternately to show the time and/or temperature. (62) TRAILER, SIGN. Any sign installed on a- portable frame or structure with wheels other than a motor vehicle and excluding commercial trailers used in support of a commercial hauling, lawn mowing, land clearing, or similar mobile commercial service. (63) UNDER CANOPY SIGN. Any sign hung under a canopy. (64) VEE -SHAPED SIGN. Any sign which has two faces which are not parallel. (65) VEHICULAR SIGN. A sign affixed to or painted on a transportation vehicle or trailer, for the purpose of business advertising; however, not to include signs affixed to vehicles or trailers for identification purposes. (66) WALL SIGN (FACADE SIGN). Any sign installed parallel to and flush against the exterior wall of a building, supported by the building and which has only one advertising surface. (67) WALL SIGN AREA. That background area upon which the copy area is placed. Where the copy area is attached to the wall of a building, the wall shall not be construed to be the background area of the sign unless it is an integral part of the sign. (68) WINDOW SIGN. Any sign placed on the inside or outside of any window of any building or door and which is visible frau any public right-of-way. This does not include merchandise on display." That the Code of Ordinances of Indian River County is hereby amended by adding a Section to be numbered 25-0.3, which shall read as follows: r r1PROWN0161110 All signs erected, replaced, or relocated on any property shall conform with the provisions of this sign ordinance and with all other applicable ordi- nances of Indian River County. Any sign which could fall into more than one category of signs shall be classified within the most restrictive category possible. a. Administration of Sign Permit Applications and Fees. The Code En- forcement Official is responsible for administering sign applications. Applicants for sign permits shall submit to the Code Enforcement Official permit applications with applicable fees covering review for administrative compliance and review of structural components. The format of the application shall be as provided by the Code Enforcement Official. The fee schedule for the administrative review and the subsequent review of structural components of the sign shall be determined by resolution of the Board of County Commissioners. i. Sign Permit Applications. The application for a sign permit shall fully describe the following information: a. Three (3) copies of a narrative statement indicating the following (The narrative statement may be submitted as part of the drawings): (i) Name, street address, legal description of property, and telephone number of the sign erector and the sign owner. (ii) Written statement signed by the landowner, or authorized agent or the lease or rental 'agreement, authorizing the placement of the proposed sign. (111)Type of sign proposed and purpose. (iv) Description of sign copy, dimensions and specifications of the sign, including method of construction, instal- lation, support, and details of the method and speci- fications for illumination if applicable. (v) Zoning and Comprehensive Plan Future Land Use desig- nation for the subject property. (vi) The required and proposed sign area, height, and setbacks from adjacent rights-of-way, property lines, and street intersections. b. Three (3) copies of scaled drawings indicating the following: (i) Proposed location of the sign on the subject property, including the position of the sign in relation to lot lines, nearby buildings or structures, sidewalks, streets, right-of-way, easements, and intersections. (ii) Dimensions and area of sign and copy.. Sign colors shall be specified to assure the sign does not repli- cate features of public safety signs or otherwise unduly distract motorists. (iii)Construction drawings indicating structural specifications for materials to be used, structural components, and method of installation. The specifica- tions shall show dimensions, elevations, means of support, method of illumination and any other signifi- cant aspect of the proposed sign required to demon- strate compliance with the sign ordinance and the Standard Building Code. A foundation survey shall be submitted for all permanent freestanding signs. ce Electrical plans specifications, if applicable, are required for said sign. ::, . ii. Review of Sign Permit Application/Administrative Permit. The Code Enforcement Official shall review each permit application to assure that it complies with the sign ordinance excepting review of construction plans pursuant to the Standard Building Code. No permit shall be required on a change of copy on a changeable copy sign or the repainting of a sign for which a sign permit has been issued. If the application is found to be incomplete or otherwise incon- sistent with the sign ordinance, the applicant shall be notified within five (5) working days from the date received. Applica- tions found to be consistent with the sign ordinance shall receive an administrative permit and shall subsequently be reviewed for compliance with the Standard Building Code. iii. Building Permits For Signs. No sign shall be issued a building permit until it is determined that the structural plans for the sign are consistent with the sign ordinance and applicable provisions of the Standard Building Code. iv. Field Inspections of Freestanding Signs Prior to Pouring of Footers. No footings for a freestanding sign shall be poured until structural. components have been approved by the Building Official. b. Placement of Permit Label. Every sign which is hereafter installed or maintained and for which a permit is required shall be plainly marked with a pressure sensitive adhesive C'Scotchcal" or equivalent) label bearing the permit number issued by the Code Enforcement Official. The label shall be placed on the front of the sign or advertising structure and shall be visible from the ground level. C* Revocation of Permits. The Code Enforcement Official may revoke a permit or approval issued under this section, if, after notice to the applicant and a meeting or hearing, it is found that there has been any intentional or unintentional false statement, concealment or misrepresentation concerning any fact submitted in the application or plans on which the permit approval was based. A permit may also be revoked upon failure of the permit holder to comply with any provision of this section, or a permit issued under a mutual mistake of fact." That the Code of Ordinances of Indian River County is hereby amended by adding a section to be numbered 25-0.4, which section shall read as follows: a. Provisions Regulating Exempted Signs. The following types of signs do not require a permit provided the sign shall: 1) Comply with applica- ble requirements in the zoning district where placed;; 2) Comply with other provisions in this subsection; and 3) Be consistent with the spirit, intent and purpose of this ordinance. All sign copy shall be considered exempt from the provisions of this section. This section shall not apply when State or Federal regulation requires other specific posting standards. Do Signs Exempted From Permitting Procedure. i. Identification Signs. Exempted signage shall include signs identifying only the name and/or address of the owners, occupants or buildings and having an area not exceeding two (2) square feet for a single family residential structure or four (4) square feet for a multiple family, non-residential, or mixed use structure. ii. Traffic Regulatory and Directional Signs. Traffic regulatory and directional signs erected by authorized agents of the County, State, Federal government or private development for the public safety and welfare. Such signs must comply with all applicable standards of the Manual of Uniform Traffic Control Devices. iii. Instructional Signs. Instructional signs not to exceed one (1) square foot for residential uses and four (4) square feet for non-residential uses. :, . iv. vii. Memorial Signs. V0 Window Signs. Except in residential zoning districts, a tempo- rary window sign or signs having a total area not exceeding twenty (20) per cent of each window, calculated separately for each window. Non-profit special event signs shall be totally exempt and need not be calculated as part of the twenty percent area. vi. Gasoline & Fuel Pricing Signs. Gasoline and fuel pricing signs shall be exempt when required by law to be posted. The size of such signs shall not exceed the dimensions specified in appropriate federal regulations. viii. Real Estate for Sale, Lease, or Rental Signs. (a) Number of Signs. One (1) sign per street frontage advertis- ing the sale, lease, rental, or exchange of real property or a business opportunity may be placed on the property ad vertised in any district. One (1) additional sign may be placed where the street frontage exceeds three hundred (300) is feet along a common road right-of-way. (b) Area Requirements. Said signs shall not exceed four (4) square feet for single family residential uses, six' (6) square feet for multiple. family or institutional uses, and sixteen (16). square feet for commercial or industrial sites. (c) Required Setbacks. Said signs shall be located outside rights -of way within the applicant's property lines and shall have a ten (10) foot setback from all other adjacent property lines, excepting adjacent road rights -of way from which no setback is required. (d) Height Requirements. Residential or institutional real estate signs shall not exceed five (5) feet in height. Commercial or industrial real estate signs or allowable real estate directory signs shall not be placed within the road right of way. (e) Restrictions on Copy. Real estate for sale, lease, or rental signs shall contain only the following or any com- bination thereof at the option of the sign owner: i. House, apartment, unit, business, or other short description of the property. ii. The words "For Sale", "For Lease", "For Rent", "For a change", "See Your Broker", or similar phrase. iii. The registered name of the broker and the term "Brok- er "Realtor", or logo, as the case may be, if the offer is through an agent, or the words "By Owner" if the offer is not through an agent. iv. Two (2) telephone numbers and/or "Inquire Within", or a similar phrase, and a room, apartment, or uni omt number, if needed. v. Other pertinent information relating to the characteristics of the real estate. (f) Additional Regulations for Real Estate Open to Inspection Signs. One (1) on -premise sign not to exceed four (4) square feet in area inviting the inspection of said property I n all zoning districts may be placed in addition to the sign permitted in subparagraph "a" above. vii. No Smoking Signs. viii. Real Estate for Sale, Lease, or Rental Signs. (a) Number of Signs. One (1) sign per street frontage advertis- ing the sale, lease, rental, or exchange of real property or a business opportunity may be placed on the property ad vertised in any district. One (1) additional sign may be placed where the street frontage exceeds three hundred (300) is feet along a common road right-of-way. (b) Area Requirements. Said signs shall not exceed four (4) square feet for single family residential uses, six' (6) square feet for multiple. family or institutional uses, and sixteen (16). square feet for commercial or industrial sites. (c) Required Setbacks. Said signs shall be located outside rights -of way within the applicant's property lines and shall have a ten (10) foot setback from all other adjacent property lines, excepting adjacent road rights -of way from which no setback is required. (d) Height Requirements. Residential or institutional real estate signs shall not exceed five (5) feet in height. Commercial or industrial real estate signs or allowable real estate directory signs shall not be placed within the road right of way. (e) Restrictions on Copy. Real estate for sale, lease, or rental signs shall contain only the following or any com- bination thereof at the option of the sign owner: i. House, apartment, unit, business, or other short description of the property. ii. The words "For Sale", "For Lease", "For Rent", "For a change", "See Your Broker", or similar phrase. iii. The registered name of the broker and the term "Brok- er "Realtor", or logo, as the case may be, if the offer is through an agent, or the words "By Owner" if the offer is not through an agent. iv. Two (2) telephone numbers and/or "Inquire Within", or a similar phrase, and a room, apartment, or uni omt number, if needed. v. Other pertinent information relating to the characteristics of the real estate. (f) Additional Regulations for Real Estate Open to Inspection Signs. One (1) on -premise sign not to exceed four (4) square feet in area inviting the inspection of said property I n all zoning districts may be placed in addition to the sign permitted in subparagraph "a" above. (i) Located at least eight (8) feet from any roadway, (ii) Constructed as a break away sign; (iii)No more than three (3) feet above the crown of the adjacent road. All open house signs shall be in placed only when the property is actually open for inspection and shall only be displayed between the hours of 6 A.M. to 5 P.M. Said sign shall be limited to the words "Open", "Open House", "Open For Inspection", or other similar words or phrases. (g) General Restriction. It shall be unlawful for any person to place on any lot, parcel of land, building, or structure any sign or similar advertisement offering real estate or a business opportunity for sale, exchange, lease, rent, or inspection, except as specifically authorized in this subsection, excepting allowable active subdivision or real estate development signs approved pursuant to Section 25-0.7.c or billboards permitted pursuant to Section 25-0.7 of this ordinance. The provisions of subsection 25-0.4.B. shall not apply to signs at the -principal office or branch office of any real estate business brokerage firm. However, such signs are subject to the sign restrictions applicable within the zoning district where the office is located. (h) No Illumination. Real Estate For Sale, Lease, or Rental signs shall not be illuminated. ix. Flags. The flag.of the United States of America, flags of other nations, states, counties, cities, veteranand civic organizations, schools and public and non-profit private institutions. X* Non-Ccnsnercial Decorative Art. Decorative or architectural features which are an integral element of a building or works of art so long as such features do not contain letters, trademarks, moving parts, exhibit merchandise for sale on premises, and do not contain lights. Religious emblems shall be construed as being non-commercial decorative art and shall be exempt from this ordinance. xi. Holiday Signs. Holiday signs for national or religious holiday observance may be displayed no sooner than thirty (30) days before the holiday andAmust be removed within ten (10) days after the event. xii. Garage Sale Signs. One (1) on -premise garage sale sign per street frontage may be erected between the hours of 6 A.M. and 5 P.M. The sign shall not exceed four (4) square feet. Said signs shall be located outside rights-of-way, within property lines, and shall maintain a ten (10) foot setback from all other adja- cent property lines, excepting the road right-of-way from which no setback is required. (i) Located at least eight (8) feet form any roadway; (ii) Constructed as a break away sign, (iii)No more than three (3) feet in height measured frau the crown of the adjacent road; (iv) Erected only during the hours of 6 A.M. to 5 P.M.; and (v) No greater than four (4) square feet. No on or off premises garage sale signs shall be erected for a period exceeding three (3) consecutive days and shall not be erected for more thann-a total of nine (9) days during a calendar year." One (1) additional off -premise garage sign may be erected per entry into a subdivision or development in which a garage sale is taking place: No more than one (1)such sign may be placed at to development. each respective of entry a subdivision or point Such sign may be located within a road right-of-way provided the sign is: (i) Located at least eight (8) feet form any roadway; (ii) Constructed as a break away sign, (iii)No more than three (3) feet in height measured frau the crown of the adjacent road; (iv) Erected only during the hours of 6 A.M. to 5 P.M.; and (v) No greater than four (4) square feet. No on or off premises garage sale signs shall be erected for a period exceeding three (3) consecutive days and shall not be erected for more thann-a total of nine (9) days during a calendar year." i xiii. Temporary Construction Signs. Temporary construction signs advertising the construction or improvement of the property upon which such sign is located may be erected upon issuance of a building permit for the subject project subject to compliance with the following conditions unless otherwise required by federal law: (a) Character of Sign. A construction sign(s) shall not exceed a cumulative area of sixteen (16) square feet, and no more than three (3) such signs per premises shall be permitted. Such sign(s) shall not be illuminated. These signs must be located on the developing premises, at least five (5) feet frcan all rights-of-way, and at least twenty (20) feet from other property lines. Construction signs are otherwise subject to the regulations applicable to the district where erected. Construction signs shall otherwise comply with provisions of this ordinance. (b) Timing of Removal. Any construction sign shall be removed prior to the issuance of a final certificate of occupancy. xiv. Change of Copy. xv. Right of Way Acquisitions. Signs located within recently acquired rights of way may be relocated without obtaining a permit. That the Code of Ordinances of Indian River County is hereby amended by adding a section to be numbered 25-0.5,. which section shall read as follows: "5. PROHIBITED SIGNS. a. The following signs are prohibited on the effective date of this ordinance. Such signs have been found to violate the purpose, intent, and specific provisions of the sign ordinance and shall be removed in accordance with notice rendered by the Code Enforcement Officer. i. A sign which falsely simulates energency vehicles, traffic control devices, or official public signs. ii. Snipe signs, sandwich signs, other portable sign's, and add-on signs. iii. A sign found by the Code Enforcement Official to be structurally unsafe or a hazard to public safety or to life or limb, including signs creating a fire hazard. iv. A sign obstructing any motorist's view of a street or inter- section. The minimum allowable site distance shall be in accordance with Section 131-22(e) of the County landscape ordinance. V* Anyabandoned off -premise sign; any abandoned, non -conforming on -premise sign. vi. A series of two (2) or more signs which must be read together to obtain a single message. Vile Flashing signs except for public signs permitted pursuant to sub- section 25-0.4.b.iie viii.Animated signs, including swinging signs. ix. A sign which obstructs any fire escape, any window, or door or other opening used as a means of ingress or egress so as to prevent free passage of persons. X0 Any sign which interferes with openings required for ventilation. xi. Trailer signs except construction trailers. xii. Banners and flags used to attract attention to industrial, commercial or residential establishments, excepting flags pursuant to Sec. 25-0.4.b.(ix). xiii.Any sign placed without a permit after the effective date of this ordinance when a permit is required. xiv. Signs in violation of subsections 25-0.6a-e(i). If a sign is prohibited and the sign is a type that can be brought into conformance with this ordinance, the owner or lessee of the sign can elect to bring the sign into conformity rather than remove the sign. xv. Buildings which resemble in configuration or design a product for sale such as, but not limited to, hot dogs, hamburgers, ice-cream cones, shoes or automobiles are prohibited in the unincorporated areas of Indian River County. b. The following signs are prohibited and shall not be erected after the effective date of this ordinance. i. Roof Signs (excepting allowable mansard roof signs and religious symbols incorporated as part of the building plan for a steeple or other similar structural component of a place of worship). No sign shall project above a roof line or deck line for mansard roofs. The portion of a mansard roof located below the deck line shall be eligible for placement of a facade sign. Indian River County is located in a Florida coastal region confronted with the annual threat of hurricanes and related destructive natural events. Therefore, special limitations against rooftop signs are deemed within the public interest in order to minimize future hazard potential. That the Code of Ordinances of Indian River county is hereby amended by adding a section to be numbered 25-0.6, which section shall read as follows: "6. GENERAL SIGN REGULATIONS. No variance shall be granted to subsections 25 -0.6.a -e. a. Construction Standards. i. Compliance With Building Code. All signs installed within the County limits shall be constructed in accordance with the Coun- ty's adopted Building Code. ii. Compliance With Electrical Code. All signs using electrical current shall comply with the County's adopted Electrical Code. b. Maintenance. All signs shall be maintained by the owner as follows. (1) The sign must be structurally sound and in good mechanical repair, free of holes, with no loose or missing parts. If sign is found to be structurally unsound or inconsistent with the approved sign plan, it shall be repaired, replaced or removed. The Code Enforcement Officer may order the removal after authorization from the Code Enforcement Board by and at the expense of the owner or lessee of any sign that is not properly maintained. c. Signs Not to Constitute a Traffic Hazard. No signs shall be placed at any location in the County where it may interfere with or obstruct free and clear vision for pedestrians or vehicular movement, or be confused with any authorized traffic sign, signal or device. Any such sign shall be removed at the direction of the Code Enforcement Officer and at the expense of the owner or lessee. d. Signs Not to Encroach Electric Utility Clear Zone. No signs shall be placed closer than eight (8) feet frau the nearest part of any utility pole which supports electrical transmission lines. No signs shall be placed any closer than eight (8) feet frau the nearest part of any electric transmission line. If the National Electric Safety Code is now or hereafter more restrictive than the provisions of this sub- section, its more restrictive provisions shall supersede the provision herein. o -11- e. Illuminated Signs. (1) The light frcxn any illuminated sign or from any light source shall be shielded and directed away frau abutting properties and shall not impair the vision of motorists. (2) No signs except message center signs and time and tanperature signs shall have exposed fluorescent lighting. (3) No signs shall use fluorescent paint or be phosphorescent. No sign shall have exposed neon. Unexposed neon shall be approved by a testing laboratory acceptable to the County. No light sources such as strip lighting or streamers, shall be allowed along roof lines or above the roof. No sign shall have a light source which exceeds the following criteria for light intensity. Reflective vinyl sheeting shall be exempted from this ordinance. Figure 1: Thresholds for Light Intensity Maximum Light Intensity By Zoning District All RS, RM, RMH, A11 OCR, CN, All A-1, CG, CH, MED, and CRVP , and CL Zoned IL, and IG Zoned Light Source Zoned Districts Districts Districts Exposed Bulbs 10 Watts 30 Watts 30 Watts (4) No.flashing signs shall be permitted, except time and temperature signs, public signs and electronic message centers. f. Height of and Distance Separating Signs. No part of any sign affixed to a building shall exceed the height of the building to which the sign is affixed. The height of the building shall be measured exclu- sive of elevator shafts and/or air conditioning condensing units and/or cooling towers. The height of free standing signs is con- trolled for respective zoning districts in Section 25-0.8. Distance requirements in this section shall be measured from the nearest part of any sign (or its structure) to the nearest point of the closest applicable setback line, property line, roof line, or other applicable restricting line or point of separation (including distance between signs) or height limitation. That the Code of Ordinances of Indian River County is hereby amended by adding a section to be numbered 25-0.7, which section shall read as follows: • r •ii•- a i••I 1 1111 1 1e+ ••'-slynnummum The signs identified in this subsection shall require issuance of a permit by the Code Enforcement Official, except as otherwise specified herein. Prior to the placement of any of the temporary signs described below in this subsection, all relevant provisions of this ordinance shall be satisfied. a. Political Signs. Placement of individual political signs does not require a permit, provided all other provisions of this section are met. i. Timing of Placement. Political signs may be erected no more than (60) days prior to the election in which the candidate's name or the issue will appear. Any unopposed candidate in the first primary who will face opposition in the following General Election may erect temporary political signs sixty (60) days prior to the first primary, notwithstanding the fact that the candidate's name will not appear on the first primary ballot. ii. Timing of Removal. Any political sign shall be removed from the premises by the candidate, his agent, or the occupant within five days after the election in which the candidate is eliminated or elected or after the resolution of the respective issues by referendum. iii. Removal Bond Required. Prior to the placement of a political, sign, or signs, a bond of $250.00 or $250.00 in cash shall be posted with the Planning and Development Department. The security may be forfeited in whole or in part to the County for any of the following reasons: (a) Failure to remove all signs within the applicable five day period for removal; (b) The placement of signs upon any tree, utility pole, or similar object; (c) The placement of any sign without permission of the owner of the property upon which the sign is place; (d) Authorizing placement or allowing to remain more than two days after notice to the political candidate of any politi- cal sign otherwise in violation of this Chapter. The illegal placement of any political sign advertising a particular candidate shall be prima facie evidence that the candidate placed or authorized the placement of said sign. iv. Procedure for Waiver of Removal Bond. Any candidate may apply for a hearing before the Board of County Commissioners to show cause why he or she is unable to post a bond as required in this Section. Upon a showing of good cause, the Board of County Commissioners may waive the bond requirements. However, any candidate who obtains a waiver of the bond requirement shall not be relieved of the removal requirements herein and shall be responsible to the County for the cost of the County's removing any signs placed in violation of this section. vi. Political Signs in Residential Districts. Political signs in residential districts, as defined in Sec. 25-0.2 are allowed subject to the following provisions: (a) one (1) sign not exceeding sixteen (16) square feet per lot or parcel of land. ' be illuminated. (b) Signs shall not v. Zoning Districts (b) Sign shall Permitted. Political signs are permitted in all zoning districts subject to the rules set forth below. vi. Political Signs in Residential Districts. Political signs in residential districts, as defined in Sec. 25-0.2 are allowed subject to the following provisions: (a) one (1) sign not exceeding sixteen (16) square feet per lot or parcel of land. (c) Sign shall be located wholly on the private property and shall be placed at least five (5) feet from all rights-of-way and fifteen (15) feet from all other property lines, and shall not exceed five (5) feet in height. vii. Political Signs in Nonresidential Districts. Political signs in all nonresidential zoning districts are allowed subject to the following provisions: (a) One (1) sign per candidate or issue is allowed and not more than two (2) signs per premises are allowed. The allowable signage shall. not exceed sixteen (16) square feet. These signs shall be separated by a mininu m distance of fifteen (15) feet. ' be illuminated. (b) Signs shall not (b) Sign shall not be illuminated and shall be free standing. (c) Sign shall be located wholly on the private property and shall be placed at least five (5) feet from all rights-of-way and fifteen (15) feet from all other property lines, and shall not exceed five (5) feet in height. vii. Political Signs in Nonresidential Districts. Political signs in all nonresidential zoning districts are allowed subject to the following provisions: (a) One (1) sign per candidate or issue is allowed and not more than two (2) signs per premises are allowed. The allowable signage shall. not exceed sixteen (16) square feet. These signs shall be separated by a mininu m distance of fifteen (15) feet. (c) Signs shall be located wholly on the private property and shall be placed at least five (5) feet frau any right-of-way and fifteen (15) feet from all other property lines and shall not exceed ten (10) feet in height. -13- ' be illuminated. (b) Signs shall not (c) Signs shall be located wholly on the private property and shall be placed at least five (5) feet frau any right-of-way and fifteen (15) feet from all other property lines and shall not exceed ten (10) feet in height. -13- Ville Reimbursement for Removal Expense. Upon issuance of a permit, the permittee shall agree to reimburse the County for any and all expenses of removal incurred by the County over and above any applicable bond or cash deposit coverage. ix. violations. Any violation of the provisions of this Ordinance shall be subject to punishment by a fine not to exceed five hundred dollars ($500), or by imprisonment in the County Jail not to exceed sixty (60) days, or by both such fine and imprisonment. b. Special Event Signs. Temporary signs announcing special events to be sponsored by a charitable, educational, or religious institution or a •commercial entity may be installed subject to approval by the Code Enforcement Official, based on a finding of compliance with the provisions of this section. The Code Enforcement Official shall approve all special event signs proposed for locations within a public right-of-way. i. Application. The applicant shall submit a written application on a form to be provided by the Code Enforcement Official which stipulates the conditions under which the temporary special event sign(s) are being requested. The applicant may be required to provide a removal bond refundable upon compliance with sign removal. In addition to sign application information required pursuant to Sec. 25-0.3, the application should include the following:. (c) Sign Distribution. Include the proposed distribution of signage and such other information as the County may require to assure consistency with the spirit, intent, and purpose of this ordinance. (d) Responsible Agents. Identify the name of the sponsoring entity and principal contacts responsible for erecting and removing signage. ii. Duration of (a)- Nature of special the Special Event.- erected for a period not to exceed five (5) calendar Include the location the of special event and daily schedule of activities'. (b) Duration Special dates of Event. Include of ccmnencement and termination of the special event. (c) Sign Distribution. Include the proposed distribution of signage and such other information as the County may require to assure consistency with the spirit, intent, and purpose of this ordinance. (d) Responsible Agents. Identify the name of the sponsoring entity and principal contacts responsible for erecting and removing signage. ii. Duration of Sign Display Restricted. Temporary special event signs may be erected for a period not to exceed five (5) calendar iii. Compliance with Conditions of Sign(s) Placement and Removal. The applicant shall agree to place signs in a manner consistent with the terms of sign ordinance and remove the same pursuant to the schedule approved as a condition of permit approved. In addi- tion, the applicant shall stipulate conditions necessary to assure that potential issues identified by the County shall be effectively managed in order to promote the public safety, avoid excessive proliferation of signage, and protect the economic and business climate and appearance of the community. c. Temporary Active Subdivision or Real Estate Development Signs. On -premises active subdivision or real estate development signs may be erected subject to compliance with the following conditions in addition to other applicable provisions of the sign ordinance. These signs are not ,subject to subsection 25-0.4.b.vi. "Real Estate For Sale, Lease, or Rental Signs". i. Character of Sign. Such signs shall not exceed forty-eight square feet except in Single -Family Residential Districts where they shall not exceed twenty-four (24) square feet for model homes and sales offices only. One additional sign may be erected on a site having a street frontage of excess of 300 feet. -14- In Such sign must be located on the promises of the developing project or subdivision, at least five (5) feet from all rights-of-way, and at least twenty (20) feet frcan contiguous property line of adjacent landowners. These signs can be illuminated. ii. Number of Signs Permitted. Only one such sign shall be permitted for each common roadway along the perimeter of the development. Such sign must be located on the premises of the development, at least five (5) feet from all rights-of-way, and at least twenty (20) from contiguous property line of adjacent landowners. These signs may be illuminated. iii. Filing of Plat and/or Site Plan. Prior to the erection of such a sign, an approved preliminary plat or a site plan for the development, as applicable, shall be placed on file with the Planning & Development Division. I v. Authorization for Sign Placement. Only the exclusive agent of the developer or owner of the property shall be authorized to place a sign on the property. The property owner's signed authorization consenting to the placement of a sign representing an exclusive real estate agent on such premises shall be filed with in the Planning & Development Division prior to the place- ment of the agent's sign. SECTION IX That the Code of Ordinances of Indian River County is hereby amended by adding a section to,be numbered 25-0.8, which section shall read as follows: REGULATIONSFOR PER4ANENT IDENTIFICATIONREQUIRINGPERMITS The schedule of regulations for permanent signs requiring permits is stipulated in Table I. The tabular schedule denoted in Table I identifies regulations governing the following sign characteristics: 1) Maximum Cumulative Signage; 2) Maximum Signage on a Single Sign Face; 3) Maximum Height, 4) Required Setbacks from the Right -of -Way and Property Lines; 4) Number of Allowable Signs per Street Frontage. The following subsections describe supplemental regulations for managing permanent signs requiring permits, excepting that signs on a single family residence or duplex shall not require a permit. The terms "residential zoning districts" and "non-residential zoning districts" are defined in Section 25-0.2. a. Identification Signs for Residential Zoning Districts. i.. Single -Family Residence or Duplexes. A sign indicating only the name and/or address of the occupant or premises for each dwelling unit may be installed without a permit provided each sign has a �= maximum area not exceeding two (2) square feet, excluding mail- boxes, and shall not be higher than five (5) feet above the crown of the nearest road unless the sign is mounted flush against the wall of a building. lie Residential Developments of Three Units or More. Signs shall be restricted to one (1) facade or freestanding sign per street frontage indicating the name and/or address of the premises, provided the signs comply with criteria cited in Table I "Schedule of Regulations For Permanent Signs Requiring Permits". Each phase of the Planned Residential Development shall be construed as a separate development. iii. Subdivision Entrance Signs. One (i) such sign may be permitted at each side of. the principal entrance to a residential subdivision. All such signs shall satisfy Table I "Schedule of Regulations For Permanent Signs Requiring Permits". Each phase of the Planned Residential Development shall be construed as a separate development. El iv. Identification Signs For Approved Non -Residential uses Within Residential Districts. a) For approved uses other than residential uses, one (1) permanent freestanding or facade identification sign per street frontage shall be permitted on any premises. This provision shall not be construed to include hone occupation uses. Such signs shall ccanply with Table I "Schedule of Regulations For Permanent Signs Requiring Permits". b) Registered real estate brokers operating an office at their residences as a home occupation may place an identifying sign containing letters not more than one inch on the exterior of the building. i. On -Premise in Non -Residential Districts Excluding Commercial/Industrial/Institutional Complexes. Such ,signs shall be limited. to message center signs, time and temperature signs, or identification signs limited to the name of the business, services performed, facilities available, cdities sold, provided, or obtained on the premises where the sign is'located. A non-residential use within a non-residential district may erect freestanding and facade sign provided that said signs comply with sign regulations of Section 25-0 including Table I "Schedule of Regulations For Permanent Signs Requiring Permits". ii. Commercial/Industrial/Institutional Complexes. A commercial/ industrial/ institutional complex, as defined in Section 25-0.2, may include free standing, facade, and under canopy signs complying with regulations governing signage for commer- cial/industrial/institutional complexes which are contained in Table I, "Schedule of Regulations for Permanent Signs Requiring Permits". iii. Building Facade Signs in Non -Residential Districts. Signs attached to building facades shall include, but not necessarily be limited to, wall signs, painted signs, marquee signs, canopy signs, awning signs, parapet signs, overhanging signs, projecting signs, and pylon signs. In calculating the area of a building facade, no additional credit shall be given for the surface of any canopy or awning. The calculation of the allowable facade credit shall always be calculated on a flat, two (2) dimensional plane and shall not include that part of any parapet, marquee, pylon or other surface which extends above the roof line. A mansard roof shall be classified as a parapet wall. If the lower. edge of a slanted roof other than a mansard roof extends below the roofline, the allowable facade area for the purposes of ccrnputing signage shall be the area of the wall. All facade signs shall comply with Table I "Schedule of Regulations for Permanent Signs Requiring Permits" and the below stated provisions. (a) Street Facade Sign Area. There shall be an allowable amount of cumulative sign area for signs attached to the frontage street facade of a building including permanent window signs not in excess of that percentage shown on the "Street Facade Sign area Graph" and the "Street Facade Sign Area Table", both of which are attached hereto and made a part hereof. (b) Sign Area For Facade Other Than Frontage Street Facades. There shall be an allowable amount of cumulative sign area for signs on facades other than the frontage street facade not in excess of fifty (50%) percent of that percentage on the Street Facade Sign Area Graph and Table. (c) Sign Area For Facades Facin Residentially Zoned Pro rt . When said facade faces residentially zoned property, e allowable amount of cumulative sign area shall not exceed twenty-five percent 1(25%) of the area allowed as shown on said Street Facade Sign Area Graph or Table. =16- Identification Signs for Non -Residential Districts. i. On -Premise in Non -Residential Districts Excluding Commercial/Industrial/Institutional Complexes. Such ,signs shall be limited. to message center signs, time and temperature signs, or identification signs limited to the name of the business, services performed, facilities available, cdities sold, provided, or obtained on the premises where the sign is'located. A non-residential use within a non-residential district may erect freestanding and facade sign provided that said signs comply with sign regulations of Section 25-0 including Table I "Schedule of Regulations For Permanent Signs Requiring Permits". ii. Commercial/Industrial/Institutional Complexes. A commercial/ industrial/ institutional complex, as defined in Section 25-0.2, may include free standing, facade, and under canopy signs complying with regulations governing signage for commer- cial/industrial/institutional complexes which are contained in Table I, "Schedule of Regulations for Permanent Signs Requiring Permits". iii. Building Facade Signs in Non -Residential Districts. Signs attached to building facades shall include, but not necessarily be limited to, wall signs, painted signs, marquee signs, canopy signs, awning signs, parapet signs, overhanging signs, projecting signs, and pylon signs. In calculating the area of a building facade, no additional credit shall be given for the surface of any canopy or awning. The calculation of the allowable facade credit shall always be calculated on a flat, two (2) dimensional plane and shall not include that part of any parapet, marquee, pylon or other surface which extends above the roof line. A mansard roof shall be classified as a parapet wall. If the lower. edge of a slanted roof other than a mansard roof extends below the roofline, the allowable facade area for the purposes of ccrnputing signage shall be the area of the wall. All facade signs shall comply with Table I "Schedule of Regulations for Permanent Signs Requiring Permits" and the below stated provisions. (a) Street Facade Sign Area. There shall be an allowable amount of cumulative sign area for signs attached to the frontage street facade of a building including permanent window signs not in excess of that percentage shown on the "Street Facade Sign area Graph" and the "Street Facade Sign Area Table", both of which are attached hereto and made a part hereof. (b) Sign Area For Facade Other Than Frontage Street Facades. There shall be an allowable amount of cumulative sign area for signs on facades other than the frontage street facade not in excess of fifty (50%) percent of that percentage on the Street Facade Sign Area Graph and Table. (c) Sign Area For Facades Facin Residentially Zoned Pro rt . When said facade faces residentially zoned property, e allowable amount of cumulative sign area shall not exceed twenty-five percent 1(25%) of the area allowed as shown on said Street Facade Sign Area Graph or Table. =16- IN (d) Compliance with Standard Building_ Code. wall signs shall ccniply with Section 2303.3 of the Southern Standard Building Code. (e) Restriction on Placement of Facade Signs. No wall sign shall project above the top of the wall to which it is attached. Signs may be placed in whole or in part upon a parapet, or wholly on the vertical faces of a marquee, but no part of any such sign shall project above the upper edge of the parapet or marquee, nor shall anypart of a sign pro- ject below the bottom of the vertical face of the marquee. (f) Marquee or Under Canopy Sign. One (1) identification sign may be attached to the bottom of a marquee at a business entrance in which case the sign shall not exceed six and one-half (6}) square feet in area, shall maintain an eight foot (8') minimum clearance above the sidewalk grade, and shall not extend beyond the marquee's perimeter or over public property or public right-of-way. iv. Overhanging or Projecting Signs. One (1) projecting sign per structure is permitted within non-residential districts and only on a structure having no freestanding sign. No part of a pro- jecting sign or advertising structure shall project more than eighteen (18") inches from the wall -of a building and shall not project over a public sidewalk or street right-of-way. No sign or part of a sign or its supporting structure shall cover any window or part of a window. No projecting sign or supporting structure shall be located such a manner as to obstruct window light and vision. No projecting sign shall extend above the top of the wall or parapet wall (whichever is greater in height). v. Off -premise directional signs. Off -premise directional signs shall be permitted after satisfying the following conditions: (a) Off -Premise Directional Sign Area. Sign area shall comply. with Table 1 "Schedule of Regulations for Permanent Signs Requiring Permits", except that on I-95 the maximum area shall not exceed 300 square feet. (b) Sign Location. Off -premise directional signs shall be located in the CG, CH, IL, & IG zoning districts. Off - premise signs may be allowed on the same site as on -premise signs provided' that a 1,000 foot separation distance be maintained between the off -premise sign and any other sign on the site. (c) Spacing of Signs. Off -premise directional signs visible to the same flow of traffic on the same side of the main traveled way shall not be closer than 1,000 feet apart. More than one off -premise sign may be permitted on a single parcel provided such signs are spaced a minunu m distance of 1,000 feet frau all existing freestanding signs except that on Interstate 95 sign separation distance shall be a mininim of 1,500 feet. The mixumu n distance between two off -premise signs located at the intersection of two streets and facing different flows of traffic at right angles to each other shall be 100 feet apart. Back to back signs are permitted. (d) Sign Height. Off -premise signs shall not exceed the height limiTtations stated in the ordinance for the district -in which the sign is located, except that such signs located on Interstate 95 shall not exceed fifty (50) feet in height. In addition, Section 25-0.10.E provides for the Board of County Canmissioners to review any such signs which may be protected by the Federal Highway Beautification act of 1965 and/or Chapter 479, Florida Statutes". i. only one such sign shall be located on a lot or parcel adjacent to the principal entrance in the subdivision. ii. the sign shall be permitted for the exclusive use of all consenting owners or tenants within the subdivi- sion. iii. the sign shall comply with Table I "Schedule of Regula- tions for Permanent Signs Requiring Permits." iv. the sign shall be set back from an adjacent property line a minimum distance of twenty (20) feet, ve the sign may be placed on an existing permitted free- standing sign, however, if a separate sign is erected, such sign shall have a minimum separation distance of ten (10) feet from any existing freestanding sign, vi, except as provided in paragraph vii, the owner of the property on which the sign is located shall apply for a sign peri1TMt and shall be responsible for compliance with the provisions of this ordinance, vii. for non-residential subdivisions requiring plat appro- val, the developer shall designate a tract or easement where the sign shall be located. Such tract or ease- ment shall be dedicated to a property owners associa- tion which shall be responsible for obtaining a sign permit and compliance with the provisions of this ordinance, c. Modifications to the Schedule of Regulations. An applicant may request a modification to the Schedule of Regulations as a bonus for the applicant's voluntary incorporation of aesthetic design consid- erations and a voluntary reduction in the number and cumulative area of permanent identification signs erected. In order to receive a modification, the applicant shall submit a plan of all existing and proposed signs on the subject site to the Director of Planning and Development. The plan shall comely with the criteria below cited: i. The total number of requested permanent signs shall be less than the allowable number of permanent freestanding and/or facade identification signs requiring permits. ii. The cumulative area of the signage proposed for the site includ- ing any existing signage, shall be at least ten (10%) percent less than the maximum allowable cumulative area. iii. The plan for signage shall incorporate a design which is consis- tent with accepted principles of street graphics, including consideration of sign placement, size, and overall relation to the subject site and adjacent properties. A modification in the Schedule of Regulations shall be approved by the Director of Planning and Development. That the Code of Ordinances of Indian River County is hereby amended by adding a section to be numbered 25-0.9, which section shall read as follows: a. Continuance of Existing Nonconforming Signs. Subject to 25.0.5. "Prohibited Signs", signs in place and properly maintained at the time this ordinance is enacted which do not comply with all the provisions of this ordinance but which conformed to sign regulations existing prior to enactment of this ordinance or which were authorized by Indian River County prior to the effective date of this ordinance may be continued subject to the termination provisions of 25-0.9.c. No such nonconforming sign shall be changed in any manner that increases the nonconformity. The provisions of this section shall not be construed to include banners and flags used to attract attention to industrial, conwrcial and residential developments excepting flags pursuant to section 24.O4(b)ix. be Alterations to Nonconforming Signs. No existing nonconforming sign shall be structurally altered, unless brought into conformity with the requirements of this section. However, this restriction shall not apply to the change of copy. c.° Termination of Nonconforming Signs. Nonconforming signs shall be terminated and removed in the following manner: i. By Abandonment. Abandonment of a nonconforming sign shall require the real property owner immediately to remove such sign or bring it into conformity. lie By Violation. Any violation of this ordinance other than the existing nonconforming status of a sign at the time of enactment of this ordinance shall require the owner immediately to remove such sign. By Destruction, Damage or Deterioration. The use of any noncon- forming sign shall terminate whenever the sign is damaged or destroyed beyond fifty (50%) percent of the replacement cost of the sign from any cause whatsoever, or become substandard under any applicable County ordinance, or becomes a hazard or danger, and upon termination shall be removed. That the Code of Ordinances of Indian River County is hereby amended by adding a section to be numbered 25-0.10, which section shall read as follows: a. General Policy Regulating Removal. The.Code Enforcement Officer shall notify the owner. or other persons having control or authority over a sign prohibited pursuant to 525-0.5 in accordance with §25-0.11.c and specify a reasonable time for removal or other required action regard- ing the sign. Notwithstanding, this provision, hazardous signs or any sign placed upon public property or public right-of-way without proper authorization from the County, may be removed immediately by the Code Enforcement Officer without prior notice. The Code Enforcement Officer shall allow a prohibited sign to remain only for the minimum time reasonably necessary pursuant to code enforcement procedures incorporated into Code of Ordinances of Indian River County. The Federal Highway Beautification Act of 1965 and after Chapter 479, Florida Statutes, provide that signs located on interstate or federal aid primary system highways in compliance with applicable federal and state laws must be compensated for forced removal. The Board of County Cenmissioners shall consider the specific costs and benefits associated with the removal of any sign protected by the referenced federal and state laws. The County shall consider the following factors and determine the most cost effective, equitable, and legally sustainable course of action: (i) The availability of state and/or federal funds for enforce- ment of the respective state and/or federal laws (i.e., compensation to sign owners); (ii) Availability of local funds to implement the subject state and/or federal laws; and (iii)Evolving state and federal legislation and case law which may assist in resolving issues of equity and public inter- est; and -19- be Continuation and or removal of existing signs or Grandfather Clause All existing signs or advertising structures properly permitted and conforming to the sign ordinance of the Indian River County in effect prior to the adoption of this ordinance may continue in use in accordance with other provisions of this ordinance and Section 25 J Indian River County Code of Laws and Ordinances providing for the regulation of nonconformities. The Federal Highway Beautification Act of 1965 and after Chapter 479, Florida Statutes, provide that signs located on interstate or federal aid primary system highways in compliance with applicable federal and state laws must be compensated for forced removal. The Board of County Cenmissioners shall consider the specific costs and benefits associated with the removal of any sign protected by the referenced federal and state laws. The County shall consider the following factors and determine the most cost effective, equitable, and legally sustainable course of action: (i) The availability of state and/or federal funds for enforce- ment of the respective state and/or federal laws (i.e., compensation to sign owners); (ii) Availability of local funds to implement the subject state and/or federal laws; and (iii)Evolving state and federal legislation and case law which may assist in resolving issues of equity and public inter- est; and -19- (iv) Alternative cost effective programs. Such programs may include coordinating a public/private partnership in draft- ing uniform guidelines for acca modating limited off -premise signage along interstate highways or other federal aid primary system highways. Such a program may include adoption of a design and policy manual for incorporating off -premise signage on uniformly designed directory signs situated at strategically located areas along such major roadways. C . Unlawful Signs. Any sign installed prior to the effective date of this ordinance which required a permit or required other approval of the County, but no proper permit or permission was obtained, is an unlawful sign. and shall be subject to removal in accordance with this ordinance unless a permit is obtainable and is obtained under this section after due notice pursuant to code enforcement procedures." That the Code of Ordinances of Indian River county is hereby amended by adding a section to be numbered 25-0.11, which section shall read as follows: a. Duty of Enforcement. The Code Enforcement Officer shall have respon- sibility for enforcing the provisions of this ordinance. be Removal of Prohibited, Unlawful and Nonconforming Signs. At the ternnination of the time periods ,for which prohibited, unlawful, or nonconforming signs are permitted to remain under this ordinance, all such signs placed and maintained on public or private property in violation of this ordinance shall be removed by the owner or lessee upon order of the Code Enforcement Officer. ce Violations and Enforcement Procedures. Violations of this ordinance shall be cited by the Code Enforcement Officer pursuant to procedures incorporated into Article III, Division 2, the Code of Laws and Ordinances of Indian River County. d. Penalties for Violation. Any owner or lessee failing to remove any such sign or structure within the ordered time period, or any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists, the enforcement of any of the provisions of this ordi- nance shall, upon conviction thereof, be punished as provided in the Code of Ordinances of Indian River County. e. Procedures for Appeal. Any person aggrieved by a decision of the Code Enforcement Officer in regard to the interpretation or enforcement of this Section may appeal to the Board of Zoning Adjustment pursuant to Sec. 25-c.2.a. for appropriate relief." If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such hold- ings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitu- tional, invalid or inoperative part. -20- SECTION XIV EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of Official Acknowledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7th day of May 1986. BY: Don C7 Scurlock, Jr. Chairman Board of County Ccmmissioners Acknowledgement by the Department of State.of the State of Florida this 22 day of May ,1986. Effective Date: Acknowledgement from the Department of State received on this 27th day of May , 1986, at to A.M./P.M. and filed in the Office of the Clerk of the Bo kY of County Ccmuissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY -21- �r O rl 4 cn w r�CN O 2 z0 3 En s~ \ 4 019 44 •N � �o N N N N N N Nul 44 16 P4 -- U) •rl ZHO v co LO x fZ O N 1 Lf) Qt N �Wi • w zN Ui IT 0. 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FOR SIGNS (sq. ft.) 6500 8.4% 546 6600 8.35% 551.1 6700 8.3% 555.1 6800 8.25% 561 6900 8.2% 565.8 7000 8.175% 572.25 7100 8.125% 576.875 7200 8.1% 583.2 7300 8.05% 587.65 7400 8.00% 592 7500 7.975% 598.125 7600 7.925% 602.30 7700 7.90% 608.3 7800 7.85% 612.3" 7900 7.825% 618.175 8000 7.8O% 624 8100 7.775% 629.775 8200 7.725% 633.45 8300 7.70% 639.1 8400 .7.675% 644.7 8500 7.65% 650.25 8600 7.625% 655.75 8700 7.6% 661.2 8800 7.55% 664.4 8900 7.5% 667.5 9000 7.475% 672.25 9100 7.45% 677.95 9200 7.425% 683.1 9300 7.40% 688.2 9400 7.375% 693.25 9500 7.35% 698.25 9600 7.325% 702.2 9700 7.30% 708.1 9800 7.25% 710.5 9900 7.225% 715.275 10,000 7.20% 720 10,100 7.175% 724.675 10,200 7.125% 726.75 10,300 7.10% 731.3 10,400 7.075% 735.8 10,500 7.05% 740.25 10,600 7.025% 744.65 10,700 7.00% 749 10,800 6.975% 753.3 10,900 6.95 757.55 11,000 6.925% 761.75 11,100 6.90% 765.9 11,200 6.875% 770 11,300 6.85% 774.05 11,400 6.825% 778.05 11,500 6.80$ 782 11,600 6.775% 785.9 -.11,700 6.75% 788.75 11,800 6.725% 793.55 11,900 6.70% 797.3 12,000 6.675% 801 12,100 6.65% 804.54 12,200 6.625% 808.25 12,300 6.595% 811.185 12,400 6.585% 815.54 12,500 6.575% 821,875 12,600 6.565 827.19 12,700 6.55% 831.85 12,800 6.50% 832 TABLE 1 continued AREA OF BUILDING % OF FRONT SIGN AREA FRONTAGE WALL WALL ALLOWED ALLCMED (sq. ft.) FOR SIGNS (sq. ft.) 12,900 6.475% 835.375 13,000 6.45% 838.5 13,100 6.425% 841.675 13,200 6.40% 844.8 13,300 6.395% 850.535 13,400 6.375% 854.25 13,500 5.355% 857.925 13,600 6.335% 861.56 13,700 6.315% 865.155 13,800 6.30% 869.4 13,900. 6.285% 873.615 14,000 6.265% 877.1 14,100 6.245% 880.545 14,200 6.225% 883995- 14,300 83.9514,300 6.200 886.6 14,400 6.185% 890.64 141P500 6.165% 893.925 14,600 6.145% 897.170 14,700 6.125% 900.375 14,800 6.10% 902.8 14,900 6.090% 907.41 15,000 6.075% 911.25 15,100 6.06% 915.06 15,200 6.045% 918.84 15,300. 6.9030% 922.59 15,400 6.015% 926.31 15,500 6.00% 930 151,600 5.995% 934.22 15,700 5.980% 938.86 15,800 5.965% 942.47 15,900 5.950% 946.05 16,000 5.935% 949.6 16,100 5.920% 953.12 16,200 5.905% 956.61 16,300 5.90% 961.7 16,400 5.890% 966.6 16,500 5.875% 979.375 16,600 5.860% 972.76 16,700 5.845% 976.115 16,800 5.830% 979.44 16,900 5,815% 982.735 71,000 5.80$ 986 17,100 5.795% 990.945 711200 5.780% 993.16 17,300 5.765% 997.345 17,400 5.750% 11000.5 17,500 5.735% 11003.625 17,600 5.720% 11006.78 17,700 5.705% 1,009.785 17,800 5.70% 11014.5 17,900 5.695% 1,019.405 18,000 5.680% 11022.4 181100 5.665% 11025.365 18,200 5.650% 1,028.30 18,300 5.635% 1,031.205 18,400 5.620% 11034.08 18,500 5.605% 1,036.925 18,600 5.60% 1,041.6 18,700 5.5925% 1,045.7975 18,800 5.5850% 11049.98 18,900 5.5775% 11054.1475 19,000 5.5725% 1,058.775 19,100 5.5650% 11062.915 19,200 5.5575% 1,067.04 y.OP . ,w 19,400 19,500 19,600 19,700 19,800 19,900 20,000 i j TABLE 1 continued % OF FRONT WALL ALLOWED FOR SIGNS 5.55% 5.543% 5.5375% 5.530% 5.5225$ 5.5150% 5.5075% 5.50$ SIGN AREA ALLOWED (sq. ft.) 1,071.15 1,075.73 1,079.8125 1.083.88 1,087.9325 1,091.97 1,095.9925 1,100