HomeMy WebLinkAbout2012-030ORDINANCE 2012-030
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS
TO CHAPTER 956, SIGN REGULATIONS, BY AMENDING ADMINISTRATION OF SIGN
PERMIT APPLICATION FEES, BY AMENDING EXEMPTIONS TO PERMITTING
PROCEDURES TO INCLUDE CARRIED SIGNS AND FREE EXPRESSION SIGNS, BY
AMENDING PROVISIONS FOR CERTAIN PROHIBITED SIGNS, BY AMENDING
TEMPORARY SIGN PERMIT PROVISIONS, BY ADDING A TIME LIMITATION FOR
DISPLAY OF ACTIVE SUBDIVISION OR REAL ESTATE DEVELOPMENT SIGNS, BY
CREATING SECTION 956.19 TO REFERENCE ADDITION SIGN REGULATIONS IN
DESIGNATED CORRIDORS, AND BY PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 956, SIGN REGULATIONS, BE AMENDED AS
FOLLOWS:
SECTION #1:
Amend LDR Section 956.04, Administration of sign permit application fees, to read as
follows:
The code enforcement 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. No fee shall be charged for
temporary political signs.
SECTION #2:
Amend LDR Section 956.11, Exemptions to permitting procedures, to read as follows:
(1) Provisions regulating exempted signs. The following types of signs do not require a
permit provided the sign shall: comply with applicable requirements in the zoning district where
placed; comply with other provisions in this subsection; and be consistent with the spirit, intent and
purpose of this chapter. All sign copy shall be considered exempt from the provisions of this
chapter. This chapter shall not apply when state or federal regulation requires other specific posting
standards.
(2) Signs exempted from permitting procedure.
(a) 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, nonresidential, or mixed use structure.
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(b) 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.
(c) Instructional signs. Instructional signs not to exceed one square foot for residential
uses and four (4) square feet for nonresidential uses.
(d) Memorial signs.
(e) Window signs. Except in residential zoning districts, a temporary window sign or
signs having a total area not exceeding twenty (20) percent of each window,
calculated separately for each window. Non profit s o al event signs shall be totally
exempt and need not be ealettlated as paft of the twen�y (20) per-eent ar-
(f) Gasoline and 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.
(g) No smoking signs.
(h) Real estate for sale, lease, or rental signs.
1. Number of signs. One sign per street frontage advertising the sale, lease,
rental or exchange of real property or a business opportunity may be placed
on the property advertised in any district. One additional sign may be placed
where the street frontage exceeds three hundred (300) linear feet along a
common road right-of-way.
2. 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.
3. Required setbacks. Said signs shall be located outside rights-of-way within
the applicant's property lines and shall have a ten -foot setback from all other
adjacent property lines, excepting adjacent road rights-of-way from which no
setback is required.
4. 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, and shall not exceed the height restrictions as set forth in Table 1 of
this chapter.
5. Restrictions on copy. Real estate for sale, lease, or rental signs shall contain
only the following or any combination thereof at the option of the sign
owner:
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a. House, apartment, unit, business, or other short description of the
property.
b. The words "for sale," "for lease," "for rent," "for exchange," "see your
broker," or similar phrase.
C. The registered name of the broker and the term "broker," "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.
d. Two (2) telephone numbers and/or "inquire within," or a similar
phrase, and a room, apartment, or unit number, if needed.
e. Other pertinent information relating to the characteristics of the real
estate.
6. Additional regulations for real estate open to inspection signs. One on -
premise sign not to exceed four (4) square feet in area inviting the inspection
of said property in all zoning districts may be placed in addition to the sign
permitted in subparagraph 956.11(2)(h)l.
Two (2) additional off -premise open house signs may be placed per open
house; however, no more than two (2) such signs may be placed per
intersection. Such signs may be located within a road right-of-way, provided
the sign is:
a. Located at least eight (8) feet from any roadway;
b. Constructed as a break away sign; and
C. No more than three (3) feet above the crown of the adjacent road.
All open house signs shall be placed only when the property is actually open
for inspection and shall be displayed only between the hours of 8:00 a.m. and
7:00 p.m. Said signs shall be limited to the words "open house," "open for
inspection," or other similar words or phrases.
7. 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 business opportunity for sale, exchange, lease, rent, or inspection, except
as specifically authorized in this chapter, excepting allowable active
subdivision or real estate development signs approved pursuant to section
956.15(3) or off -premise directional signs permitted pursuant to section
956.16(2)(e) of this chapter. The provisions of subsection 956.11(2) 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.
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8. No illumination. Real estate for sale, lease, or rental signs shall not be
illuminated in residentially designated areas.
(i) Flags. The flag of the United States of America, flags of the other nations, states,
counties, cities, veteran and civic organizations, schools and public and non-profit
private institutions.
(j) Non-commercial 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 chapter.
(k) Holiday signs. Holiday signs and decorations that are clearly incidental to and
customarily associated with any €of national, local, or religious holiday
observance. may be displayed ., seener- than thif y «m days before the holiday an
must be r-eli;--n-vied livit-b-in ten (10) days after- the evenA.
(1) Garage sale signs. One on -premise garage sale sign per street frontage may be
displayed between the hours of 6:00 a.m. and 5:00 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 -foot setback from all other adjacent property
lines, excepting the road right-of-way from which no setback is required.
One additional off -premise garage sale sign may be erected per entry into a
subdivision or development in which a garage sale is taking place. No more than one
such sign may be placed at each respective point of entry to a subdivision or
development. Such sign may be located within a road right-of-way provided the sign
is:
Located at least eight (8) feet from any roadway;
2. Constructed as a break away sign;
No more than three (3) feet in height measured from the crown of the
adjacent road;
4. Displayed only during the hours of 6:00 a.m. to 5:00 p.m.; and
No greater than four (4) square feet.
No on or off premises garage sale signs shall be displayed for a period exceeding
three (3) consecutive days and shall not be displayed for more than a total of nine (9)
days during a calendar year.
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(m) Temporary construction sign. 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:
Character of sign. A construction sign 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 from 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
chapter.
2. Timing of removal. Any construction sign shall be removed prior to the
issuance of a final certificate of occupancy.
(n) Change of copy.
(o) Right-of-way acquisitions. Signs located within recently acquired rights-of-way may
be relocated without obtaining a permit.
(p) Carried sign. A sign that is carried or held by a person on private property or on
a public sidewalk.
(q) Free expression sign. A sign related to any non-commercial message that is
otherwise lawful, subiect to the following conditions:
1. In residential zoning districts, such signs shall either be freestanding or
window signs. If displayed as a freestanding sign, such sign shall be no more
than nine (9) square feet in area and shall not exceed five (5) feet in height.
Each window sign shall be no more than two (2) square feet in area and the
cumulative area of all window signs shall be no more than 20 percent of the
total area of each window. Such signs shall not be illuminated. One free
expression sign Der candidate, issue or topic is allowed per lot or parcel of
land.
2. In non-residential zoniniz districts. such signs shall either be freestanding or
window signs. If displayed as a freestanding sign, such sign shall be no more
than sixteen (16) sauare feet in area and shall not exceed ten (10) feet in
height. Each window sign shall be no more than four (4) square feet in area
and the cumulative area of all window signs shall be no more than 20
percent of the total area of each window. Such signs shall not be
illuminated. One free expression sign per candidate, issue or topic is
allowed per lot or parcel of land.
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3. Such free expression signs; unless carried or held on a public sidewalk, shall
be located wholly on private property with the prior consent of the property
owner or lawful occupant of the property. Such signs, when freestanding,
shall be at least five (5) feet from all public rights-of-way.
SECTION #3:
Amend LDR Section 956.12, Prohibited signs, to read as follows:
(1) The Following signs are prohibited as of the effective date of this chapter. Such signs
have been found to violate the purpose, intent, and specific provisions of the sign regulations and
shall be removed in accordance with notice rendered by the code enforcement officer.
(a) A sign which falsely simulates emergency vehicles, traffic -control devices, or
official public signs;
(b) Snipe signs, sandwich signs, other portable signs, and add-on signs;
(c) 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;
(d) A sign obstructing any motorist's view of a street or intersection. The minimum
allowable site distance shall be in accordance with county gape traffic sight -
line regulations;
(e) An abandoned off -premise sign; any abandoned, nonconforming on -premise sign;
(f) A series of two (2) or more signs which must be read together to obtain a single
message;
(g) Flashing signs except for public signs permitted pursuant to subsection 956.11(2)(b);
(h) Animated signs, including swinging signs;
(i) 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;
(j) Any sign which interferes with openings required for ventilation;
(k) Banners, flags, or balloons used to attract attention to industrial, commercial or
residential establishments, excepting flags pursuant to section 956.11(2)(i);
(1) Any sign placed without a permit after the effective date of this chapter when a
permit is required;
(m) Signs in violation of subsection 956.14. If a sign is prohibited and the sign is a type
that can be brought into conformance with this chapter, the owner or lessee of the
sign can elect to bring the sign into conformity rather than remove the sign;
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(n) Buildings and/or signs which resemble represent in configuration or design a
product or service offered for sale such as, but not limited to, hot dogs, hamburgers,
ice-cream cones, shoes or automobiles; afe prohibited in the unifleer-por-ated areas of
ladian River- County;
(o) Roof signs (excepting allowable mansard roof and parapet signs and religious
symbols incorporated as part of the building plan for a steeple or other similar
structural component of a place prop of worship). No sign or portion of a
sign shall project more than four (4) feet above a roof line or deck line €el= on
buildings with mansard roofs or parapets. In all cases, no sign or portion of a
sign shall be located closer than one (1) foot from the top of a parapet wall or
mansard roof. Jhe ..,, Rion of ., mansard r-eef leeated below the deek line shall be
eligible for- plaeemeat of a faeade 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.
(p) A sign fur- (4) se feet or- which is affixed to, attached to, or located
on a parked vehicle or trailer such that the sign is visible from a public right-of-
way, unless said such vehicle or trailer is parked in a designated parking area and is
used in the normal day-to-day operations of the premises business or unless said
vehicle or trailer is involved in a visit to the site related to regular business
operations. An electronic sign which is affixed to, attached to, or located on a
vehicle or trailer shall not be activated when such vehicle or trailer is parked.
This prohibition does not apply to signs required by law, ordinance or regulation.
The intent of this prohibition is to prohibit vehicles or trailers from being utilized as
on -premise or off -premise signs except as incidental to bona fide vehicle use.
SECTION #4:
Amend LDR Section 956.15, Regulations for temporary signs requiring permits, to read as
follows:
The requirements of this section apply to temporary signs erected for political campaigns
and for special events. For purposes of this section, special event signs are temporary signs
announcing special events to be sponsored by a charitable, educational, or religious institution, or a
commercial entity. Said temporary signs shall require issuance of a permit by the code enforcement
official, except as otherwise specified herein. Prior to the placement of any of the described
temporary signs all relevant provisions of this chapter shall be satisfied.
(1) Sign permit required. Except for a free expression sign posted by an owner on his
or her property, no temporary political campaign sign or special event sign shall be
displayed in the unincorporated area of Indian River County unless a county sign
permit has been obtained subject to the provisions of this section. A single overall
sign permit may be obtained for placement of more than one temporary sign,
including multiple signs displayed as part of a seunty wide countywide campaign or
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advertisement of a special event. No more than twenty (20) signs shall be
displayed in the unincorporated county for a special event. For political
campaigns, there is no limit on the total number of signs displayed in the
unincorporated county when such signs are otherwise displayed in compliance
with the requirements of this section.
(2) 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 sign(s) are being requested. In addition to sign application
information required pursuant to section 956.05, the application should include the
following:
(a) Nature of the temporary sign(s). If the temporary sign(s) relate to a special
event, include the location of the special event and daily schedule of
activities;
(b) Duration of special event or campaign. Include dates of commencement and
termination of the special event or political campaign;
(c) Sign distribution. Include the proposed distribution of signage and such other
information as the county may require to ensure assufe consistency with the
spirit, intent, and purpose of this chapter;
(d) Responsible agents. Identify the name of the sponsoring entity and principal
contacts responsible for erecting and removing signage.
(3) Duration of sign display restricted. Temporary special event signs may be erected
for a period of time not to exceed seven (7) calendar days within any six-month
period. Temporary signs associated with a Temporary Use Permit issued under
County Code Chapter 972, Temporary Uses, may be erected for a period of
time concurrent with the timeframe of the approved event. Temporary political
campaign signs may be displayed no more than th ninety (90) 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 t fifty (30) ninety (90) days prior to the
first primary, notwithstanding the fact that the candidate's name will not appear on
the first primary ballot.
(4) Temporary signs in residential districts. Temporary signs for political campaigns or
special events are allowed in residential districts, as defined in Chapter 901,
Definitions, subject to the following provisions:
(a) One (0 sign per special event, candidate or issue is allowed 'not emeee ;fg
fetif (4) squar-e feet in per lot or parcel of land. The allowable signage
shall not exceed nine (9) square feet per sign;
(b) Signs shall not be illuminated and shall be freestanding;
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(c) Signs 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.
(5) Temporary signs in nonresidential districts. Temporary signs for political campaigns
or special events are allowed in nonresidential zoning districts subject to the
following provisions:
(a) One sign per special event, candidate or issue is allowed per lot or parcel of
land. and of more than t-we(2) signs per- pr -e i Hewes. The
allowable signage shall not exceed (16) square feet per sign. Thesesigns
shall be or-eAe by aminimum dist nee of fifteen (t 5) feet;
(b) Signs shall be located wholly on the private property and shall be placed at
least five (5) feet from any right-of-way and fifteen (15) feet from all other
property lines and shall not exceed ten (10) feet in height.
(6) Compliance with conditions of sign(s) placement and removal. The applicant shall
agree to place signs in a manner consistent with the terms of county sign regulations
and remove the same pursuant to the schedule approved as a condition of permit
approved. In addition, the applicant shall agree to conditions necessary to ensure 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. Concerning the
placement and removal of temporary political campaign and special event signs, the
following shall apply:
(a) All temporary signs must be removed within five (5) days after the special
event or, regarding political campaign signs, after the election in which the
candidate is eliminated or elected or after the resolution of the respective
issues by referendum;
(b) The placement of temporary signs upon any tree, utility pole, or similar
object is prohibited;
(c) The placement of any temporary sign without permission of the owner of the
property upon which the sign is placed is prohibited;
(d) The placement of any temporary sign in a public or private road right-of-way
is prohibited; however, the public works department may approve placement
of temporary traffic/directional signs within rights-of-way in accordance with
section 956.11(2)(b). For purposes of this regulation, the road right-of-way
line shall be deemed to be the edge of sidewalks or utility poles furthest from
the road. Where no such structure(s) are present, the right-of-way line shall
be deemed to be twenty (20) feet back from the near edge of roadway
pavement or, if unpaved, the near edge of unpaved roadbed surface.
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SECTION #5
Amend LDR Section 956.15.1. Regulations for active subdivision or real estate development
signs, to read as follows:
On -premise 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 956.11(2)(h), "Real Estate For Sale, Lease, or
Rental Signs."
(1) Character of sign. Such signs shall not exceed forty-eight (48) 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 in excess of three hundred (300) feet. Such
sign must be located on the premises of the developing project or subdivision, at
least five (5) feet from all rights-of-way, and at least twenty (20) feet from
contiguous property lines of adjacent landowners. These signs may be illuminated.
(2) 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) feet from contiguous property lines of adjacent landowners. These signs
may be illuminated.
(3) Filing ofplat 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 community development department.
(4) 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 the community
development department prior to the placement of the agent's sign.
JQ Time limitation. Active subdivision or real estate development signs shall be
removed once 50 percent of the subdivision or development is sold or leased by
the developer.
SECTION #6
Create new LDR Section 956.19, Additional regulations for signs in designated corridors, to
read as follows:
Section 956.19. Additional regulations for signs in designated corridors.
Indian River County has adopted special development regulations for designated
corridors in the unincorporated county, including special sign regulations in addition to those
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contained in this chanter. The special sign regulations for designated corridors are contained
in the following sections of Chanter 911. Zoning:
(1) Section 911.18. Wabasso Corridor regulations.
(2) Section 911.19. SR 60 Corridor special development regulations.
(3) Section 911.20.North Barrier Island Corridor special development regulations.
(4) Section 911.21. Roseland Corridor regulations.
(5) Section 911.22.Other corridors special development regulations.
SECTION #7: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #8: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #9: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #10: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 9th day of June, 2012, for a public
hearing to be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second
public hearing to be held on the 10th day of July, 2012, at which time it was moved for adoption by
Commissioner O'Bryan, seconded by Commissioner Solari, and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Bob Solari Aye
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ORDINANCE 2012- 030
BOARD OF COUNTY COMMISSIONERS
"; �o`� • ;�F OF INDIAN RIVER COUNTY
y: BY: mac/
.�d��• o�;: Gary C. Yttreeler, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: �� L>C.�
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
gobert (Keating, AIC ; Comm Development Director
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