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5257-92 . " . . . ORDINANCE NO. 5257-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING CHAPTER 134, CODE OF ORDINANCES, RELATING TO SIGNS AND SIGN REGULATIONS; AMENDING SECTION 137.005, CODE OF ORDINANCES, RELATING TO DEFINITIONS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 134.006, Code of Ordinances, is amended to read: Sec. 134.006. Definitions Key definitions. Advertisinq: Anv form of public announcement intended to aid. directly or indirectly, in the sale, use, or promotion of a product, commodity, service. activity. or entertainment. Animated siqn: Any siqn which includes action, motion. ttleoo,tical illusion of action or motion or color chanqes of all or any part of 'the siqn facinq, requirinq electrical enerqy or set in motion by movement oLthe atmosphere or a siqn made UP of a series of sections that turn and stop to show two or more pictures or messaqes in the copy area, except time and temperature sians. Animated siqns shall include electronic reader boards in which the messaqe chanqes more often than once every 24 hours. Architectural detail: Anv projection. relief, chanqe of material. window or door open i nq, exter i or 1 i qht i nq, in 1 a y or other exter i or bu i 1 di riq features not specifically classified herein as a siqn. The term includes, but is not limited to, relief or inlay features or patterns that distinquish window or door QPeninqs, exterior liqhtinq that frames buildinq features. and challqes in facade .m~ter'ials to create an architectural effect. 5:<S7- c;~ . . ~ Area or surface S~rface area of a sion: The area. in sou are feet. enclosed by a rectanole. parallelooram., trianole, circle, semi-circle. cross, other oeometric fioures. or other architectural desion. the sides of which make contact with the extreme points or edoes of the sion. excludino the supportino structure which does not form part of the sion proper or of the display. The area of a sion composed of characters of words attached directly to a laroe. uniform buildino wall surface shall be the smallest rectanole. trianole. circle. parallelooram. other oeometric fioure. or other architectural desion. or combination of not more than two of such fioures or desions. which encloses the whole oroup of words or characters. Unless otherwise indicated. "areal! means area per sion face. The smallest rectaR~ylar, trapezoidal, triaR~ylar, circylar or semicirc~lar area of a sign which fylly eRcompasses all extremities of the sign, excl~sive of sY~~orts, y~ri~hts, Braces aRd frame. Fer the pyrpose of determiRing the s~rface area of a si~R comprised of lettering placed OR a wall or in a window, the s~rface area shall be the smallest rectaR~ylar, trapezoidal, triang~lar, circylar or semicircylar area ~hich fylly encompasses the message or messages. Art work: Drawinos. pictures. symbols. paintinos or sculpture which in no way identify a product or business and which are not displayed in conjunction with a commercial. for profit or a non-profit enterprise. . Attached sion: Anv sion attached to. on, or supported bv any part of a bu il d i no (e. o. wa 11 s. mansard roof/wa 11. awn i no. wi ndows, or canopy) wh i ch encloses or covers usable space. Auxiliary freestandinq siqn: An additional freestandino sion allowed due to exceptional property frontaoe characteristics. Banner: A sion havino characters. letters. numbers. illustrations. symbols or ornamentation backed by fabric. paper or similar material and attached to a pole, halyard. rope. wire. strino. cord or similar device or to a buildino at one or more edoes or bv one or more corners. The term does not include flaos as defined in this section. . Beacon: A stationary or revolvino lioht which flashes or pro.iects illumination. sinole color or multi-colored. in any manner which is intended to attract or divert attention: except. however. this term is not intended to include any kind of liohtino device which is reouired or necessary under the safety reoulations described by the Federal Aviation Aoency or similar aoencies. Bench sions/bus shelter sions: A bench or bus shelter upon which a sion is drawn. painted, printed. or otherwise affixed thereto. Buildino setback line: A line beyond which no buildino may extend. as established by ordinance. A buildino setback line. in some instances, may coincide with the property line. Bulletin board: Sion of permanent character. but with removable letters, words. numerals or symbols. indicatino the names or persons associated with, or events conducted upon. or products or services offered upon. the premises upon which such a sion is maintained. 2 . . . . . Business establishment: Any individual person. non-profit orqanization. partnership. corporation. other orqanization or leqal entity holdinq a valid occupational license and occupyinq distinct and separate physical space. Canopy (awninq) siqn: Anv siqn that is a part of or attached to an awninq. canopy. or other fabric. plastic or structural protective cover over a door. entrance. window. or outdoor service area. A marquee is not a canopy. Chanqeable messaae: A portion of a sian which messaae COpy is chanaed manually or automatically in the field throuah the utilization of attachable letters. numbers. symbols. and other similar characteristics. Construction sian: Anv sian aivina the name of principal contractors. architects. and/or lendina institutions responsible for construction on the site where the sian is placed. toqether with other information included thereon. Directional sian: Any siqn which exclusively contains information providina direction or location of any object. place. or area includina but not limited to. those sians indicatina avenues of inaress/earess. Directory/information sian: Any sian providina information primarily intended to direct persons to a tenant or service located or provided in a multi- tenant buildina or property. Double-faced sian: A sian which has two display surfaces backed aaainst the same backaround. one face of which is desianed to be seen from one direction and the other from the opposite direction. every point on each face beina either in contact with the other face or in contact with the same backaround. Erect: To build, construct. attach. hana. place. suspend or affix. The term includes, but is not limited to. the paintinq of a siqn. Exempt siqn: Any siqn for which a permit is not required. An exempt siqn shall comply with all other terms and conditions of these reaulations. Flaa: A banner containina distinct colors. patterns or symbols. used as a symbol of a aovernment. political subdivision. corporation, business, or other ent itv. Freestandinq sian: Anv siqn supported bv structures or supports that are placed on or anchored in the around and that are independent of any buildina or other structure. Frontaae. buildina: The sinale facade constitutina lenath of buildina or that portion of a buildina occupied bv a sinale office. business. or enterprise abuttina a street. parkinq area. or other means of customer access such as an arcade, mall. or walkway. Frontaae, property: The lenqth of the property line for a parcel which runs parallel to, and alona, a road riqht-of-wav or street exclusive of allev- ways. 3 . . . Gasol ine price display sian: Anv sian which displays the prices of aasolines for sale. Government or public purpose sian: A sian servina a public purpose and installed or approved by a public aaencv. The term includes but is not limited to traffic/directional sians. community identity and entrance sians. sians or banners for special community events as determined bv the city commission or city manaaer. sians for parks and stadiums (includina sians promotina events scheduled to be held in the parks and stadiums). sians located on private property which promote special events for the benefit of charitable. non-profit oraanizations. and public sians that provide direction to places of interest. The term does not include sians containina advertisina except to the extent allowed by this chapter. Ground level: The lower of finish arade of a parcel of land exclusive of any fillina. bermina. moundina or excavatina solely for the purpose of locatina a sian. Ground level on marina docks or floatina structures shall be the finish arade of the landward portion of the adjoinina parcel. Heiaht: The vertical distance measured from around level nearest the base of the sian to the hiahest point of the sian. . Identification sign: Any sian which indicates no more than the name. address. company loao and occupation or function of an establishment or premise. f\ sigR l:lsl:lally displayeel for tRe pl:frJ3ose of primary J3rof>crty or bl:lsiRess ideRtificatioR pl:lrf>oses aRe I:fsl:fally limited te fOl:fr (q) words or less to cRable ease of ideRtificatioR, readaeility aRe legibility, bl:lt WRiCR sigR may be l:lsed for aRY comml:lRicatioR f>l:frpose aRe! may c0RtaiR aRY Rumber of wares. Incidental attached sian: Any sian. such as credit card or business hours sians. which provides information incidental to the identification of the business to which the sian is attached. Intearal roof sian: Any sian constructed as an intearal part of a normal roof structure so lona as that portion of the roof structure where the sian is attached does not slope more than 45 dearees past the vertical. and where no part of the sian extends above the roof or is separated from the rest of the roof by a space of more than six inches. Intearal sian: Anv sian which specifies the name of a buildina. date of erection. monumental citations and the like when carved into stone. concrete or similar material or made of bronze. aluminum or other permanent construction and made an intearal part of the buildina. . Maintenance: The replacina. repairina or repaintina of a portion of a sian structure. periodically chanaina chanaeable copy or renewina copy which has been made unusable by ordinary wear or weather or accident. Menu sian (for drive-throuah establishments): Anv sian placed so as to be viewed from a drive-throuah lane and containina only a listina of products. with prices. offered for sale by the business. A menu sian may include a mechanism for orderinq products while viewinq the siqn. 4 . . . Multi-tenant buildina: A buildina where more than one business is serviced by a common entrance. and where such businesses may be located above the first story or otherwise be without frontaae on a public riaht-of-wav. Nonconformina sian: Anv sian that does not conform to the reauirements of these reaulations. Off-premise sian: Any sian identifvina or advertisina a product. business. person. activity. condition, or service not located or available on the same lot where the sian is installed and maintained. On-premise sian: Any sian which identifies a use, business or advertises a product for sale or service to be rendered on the lot where the sian is located. Political sian: Anv sian which constitutes a political advertisement which the primary purpose is related to the candidacy of any person for public office or any public issue in an upcomina election. . Portable sian: Any sian not permanently attached to the around or other permanent structure. or a sian desianed to be transported. includina. but not limited to: sians desianed to be transported bv means of wheels: balloons and other inflatables: and umbrellas used for advertisina. Primary attached sian: An attached sian intended to serve as the primary identification of the specific business or buildina to which the sian is attached. Projectina sian: Any sian affixed perpendicularly to a buildina or wall in such a manner that its leadina edae extends more than one foot beyond the surface of such buildina or wall. Public/semi-public sian: Anv sian erected on site for a non-profit or auas i-pub 1 i c use such as a 1 i brary. school. church, hospita 1. or aovernment owned buildina. Real estate sian: Anv sian advertisina the sale, rental or lease of premises, or part of the premises, on which the sian is displayed. Roof sian: Anv sian erected and constructed wholly on or above the roof of a buildina, supported by the roof structure. except intearal roof sians. Sandwich board sian: A self-supportina sian, temporarily restina upon and not permanently affixed to the around, typically used for exhibitina information for the convenience of pedestrians. Sign: Any writing, picture, symbol, banner or other graphic communication or device which is primarily used to convey information, attract attention, or advertise and is prominently visible from an outdoor location. The term includes the sian structure. . Sian face: The part of the sian that is or can be used to identify, 5 . . . . . display. advertise. communicate information. or for visual representation which attracts or intends to attract the attention of the public for any purpose. Sign structure: Any structure which is desianed specifically for the purpose of supportina a sian. has supported. or is capable of supportina a sian. This definition shall include any decorative covers. braces. wires. supports. or components attached to or placed around the sian structure. TAe sl-Jpports, l-JprigAts, braces aR8 frame af a si~R. Snipe sian: A off-premise sian which is tacked. nailed. posted. pasted. alued. or otherwise attached to trees. poles. stakes. fences. or to other ob.iects. Strina of pennants: Any series of pieces of cloth. plastic. paper. or other material attached in a row at only one or more edaes. or by one or more corners. the remainder hanaina loosely. to any wire. cord. strina. rope. or similar device. The term includes but is not limited to pennants. streamers. spinners. ribbons. and tinsel. Subdivision sian: A sian which is primarily intended to display the name of a platted subdivision or other residential development. includina a mobile home park. but may contain supplemental information. so lona as such supplemental information is clearly incidental to the display of the name of the platted subdivision or other residential development. includina a mobile home park. Sl-Jrface arcal TAe smallest rectaR~l-llar, trapezoidal, triangl-Jlar, circl-Jlar or sGmicircl-Jlar area of a si~n wRicA fl-llly encompasses all extrcmities of tRc sign, excll-lsive af sl-Jp~orts, l-lpri~Rts, braces an8 frame. For tAe pl-Jrpose of determining thc sl-Jrface area of a Si~R cam~rised of lettering placed OR a wall or in a ~indow, the sl-lrface area shall ee tRG smallest rectangl-llar, trapezoidal, triaR~l-llar, circl-Jlar or scmicircl-llar area wRicR fl-llly eRcompasses tRD message or messages. Temporary sian: A sian which is displayed for a limited period of time. usually less than one year but not to exceed the time authorized by this development code for a particular temporary sian use. Time and temperature sian: A sian containina illuminated numerals and displayina the time and temperature only. Vehicle sian: A sian attached to or placed on a vehicle (includina automobiles. trucks. boats. campers. and trailers) that is parked on or otherwise utilizina a public riaht-of-way. public property or on private property so as to be intended to be viewed from a vehicular riaht-of-way for the basic purposes of providina advertisement of products or services or directina people to a business or activity. This definition is not to be construed to include those sians that identify a firm or its principal products on a vehicle (unless such vehicle is parked in such a manner that it is intended to provide advertisement of products or services or to direct people to a business or activity) or such advertisina devices as may be attached to and within the normal unaltered lines of the vehicle of a licensed transit carrier when and durina that period of time said vehicle is reaularly and customarily used to traverse the public hiqhways durinq 6 . . . the normal course of business. Wall siqn: A siqn parallel to and placed either directly on or attached to the exterior wall of a buildinq or structure. Warninq siqn: Siqns located on a property postinq said property for warninq or prohibitions on parkinq. trespassinq. huntinq. fishinq. swimminq. or other activity. provided such siqns do not carry any commercial messaqe or identification. Window siqn: A siqn located on a window or within a buildinq or other enclosed structure. which is visible from the exterior throuqh a window or other openinq. Window siqns may be permanent or temporary. with different requirements for each type of window siqn. Section 2. Article II of Chapter 134, Code of Ordinances, consisting of Sections 134.007 through 134.012, is amended to read: ARTICLE II. SIGN STANDARDS . [Note: Substantial revision. See current code for existinq text.] Sec. 134.007. Permitted sign types. The following sign types shall be permitted in the various zoning districts: . (1) Freestanding signs (including auxiliary freestanding signs). (2) Attached signs: - Wall signs Canopy or awning signs Permanent window signs Temporary window signs - Projecting signs Incidental attached signs - Integral signs - Integral roof signs - Machinery signs - Attached menu signs (3) Freestanding or attached signs: - Bulletin board signs. - Construction signs. - Directional signs. Directory/Information signs. - Garage and yard sale signs. - Gasoline price display signs. - Menu signs for drive-through establishments. 7 . . . . . Political signs. - Real estate signs. - Sandwich board signs. Theater/movie announcement signs. - Time and temperature signs Sec. 134.008. Visual clearance, sight triangle, and clear distance. (1) The visual clearance and sight triangle, to assure adequate sight distance at the intersection of two public roadways and at the intersection of a public roadway and an accessway or driveway, shall follow the criteria of the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways, or criteria otherwise specified by the city manager or designee. (2) For any sign which projects over a sidewalk or other pedestrian access area, a minimum clear distance of nine feet shall be maintained as measured from ground level to the bottom portion of the sign structure which projects over the sidewalk or other pedestrian access area, unless a lesser clear distance is specifically allowed by the standard building code based upon the design of the sign structure. For any sign which projects over a right-of-way or other vehicular access area, a minimum clear distance of 14 feet shall be maintained as measured from ground level to the bottom portion of the sign structure which projects over the right-of-way or other vehicular access area. Signs that project over public sidewalks and rights-of-way shall require the approval of the director of public works. Sec. 134.009. Exempt Signs. The following types of signs are exempt from the permitting requirements of this chapter, provided that number, area, and other limitations set forth in this section are satisfied. The area of exempt signs shall not be included in determining compliance with maximum allowable sign area requirements. Exempt signs are allowed in addition to signs for which permits are required. An otherwise exempt sign which exceeds the limitations of this section shall require a permi t. (1) Address signs for residential properties, limited to one address sign per residential property or per each platted residential subdivision or property entrance. The address numbers shall be at least three inches in height, in arabic numbers, and of contrasting color to the background. Address signs shall be displayed on the front of the property. Address signs for nonresidential propert ies are not exempt. The area of address signs shall be 1 imited as follows: Zoninq district Maximum siqn area Single family residential Multiple family residential (2) Art work. (3) Architectural detail. 2 square feet 6 square feet 8 . . . . . (4) Changeable message on permitted signs. This exemption does not include changes to the sign structure. (5) Commemorative signs for religious holidays, limited to displays during a period of time beginning 30 days before and ending 15 days after the holiday. This exemption includes lighting, figures, and other similar displays that may be regarded as a sign, but does not include commemorative signs of types which are expressly prohibited by this chapter. (6) Construction signs, limited to one sign per lot frontage. Construction signs may be displayed only during the time a valid building permit is in force. The area of construction signs shall be limited as follows: Zonina district Single family residential Multiple family residential Nonresidential Maximum sian area 16 square feet 32 square feet 32 square feet (7) Flags, limited to one flag on any single-family residentially zoned property; not more than one flag per dwelling unit, displayed at the dwelling unit, on any duplex or multi-family residentially zoned property; not more than two flags on any nonresidentially zoned property; and not more than three flags on public property. On duplex or multi-family residentially zoned properties, "displayed at the unit" means one flag may be displayed on or at each dwelling unit, and may not be combined with flags from other dwelling units in a multiple- flag display. Flags shall be positioned so that no part of a flag is able to encroach over a public right-of-way. (8) Garage and yard sale signs, not to exceed four square feet in area, and not to exceed one sign per lot frontage. Directional off-site garage or yard sale signs may be permitted for a particular lot only on those days when there is a garage or yard sale in progress. No sign shall be placed within a street right-of-way. (9) Government and public purpose signs. When located in a public park or other public property, stadium signs and signs erected for special community events may include commercial messages for vendors and event sponsors. Signs located on private property which promote special events for the benefit of charitable, non-profit organizations shall not be erectea for longer than four days for each event, nor shall such signs be erected more frequently than two times per calendar year; such signs may include commercial messages for vendors and sponsors. (10) I nc i denta 1 attached signs, prov i ded that the tota 1 area of all incidental attached signs shall not exceed two square feet per building frontage. (11) Integral signs. Integral signs shall be allowed so long as the total area of such signs does not exceed two square feet per building facade. (12) Machinery signs. Examples are signs on newspaper machines, vending machines, gasoline pumps, and public telephone booths. 9 . . . . . (13) Marina vessel slip signs. Each individual vessel slip at a marina may be identified with a sign not exceeding four square feet in area placed in the vicinity of the slip. (14) Menu signs (attached) placed in the vicinity of entrances or service windows of restaurants and not exceeding a total of four square feet per entrance or service area. (15) On-site directional signs. No individual sign shall exceed four square feet in area unless otherwise specified. Business logos or other symbols may be placed on on-site directional signs so long as they do not exceed 25 percent of the area of the sign and are clearly incidental or complementary to the directional message of the signs. (16) Political signs. One sign shall be allowed for each candidate or issue per each road frontage. Signs in residential districts shall not exceed six square feet in area. Signs in nonresidential districts shall not exceed 32 square feet in area. Political signs shall be erected no sooner than 60 days prior to the election for which they are intended, and shall be removed within seven days after the election for which they are intended. (17) Real estate signs. Signs in residential districts shall not exceed six square feet in area. Signs in non-residential districts shall not exceed 32 square feet in area. Freestanding real estate signs shall be placed a minimum of five feet from all property lines. One real estate sign per saleable or leasable unit shall be permitted. However, only one freestanding real estate sign per property frontage shall be permitted; any additional allowable signs shall be attached signs. Directional off-site real estate signs shall be permitted for a particular lot only on those days when there is an open house. Waterfront parcels shall be permitted one real estate sign oriented toward the water in addition to the real estate sign(s) permitted for non-waterfront property; such signs may be freestanding or attached in single family zoning districts, but shall only be attached signs in other zoning districts. Saleable or leasable units fronting on two or more streets shall be allowed the permitted real estate signs for each frontage, but these signs cannot be accumulated and used on one street in excess of that allowed for the saleable or leasable units based on that one street frontage. For parcels with over 500 feet of street frontage on one right-of-way, one additional freestanding real estate sign may be permitted. (18) Stadium signs that face inward toward a stadium and are not intended for viewing from adjacent properties or rights-of-way. (19) Temporary window signs. Signs shall be allowed in nonresidential zoning districts for a period not longer than 30 days. The maximum area of said signs shall be 20 percent of window area or 100 square feet, whichever is less. The area to be used for such signs shall be clearly delineated with paint, tape or other markings to aid in the enforcement of the area requirements of this section. (20) Warning signs, not to exceed two square feet in area. 10 . . . - . Sec. 134.010. Proh;b;ted,s;gns. The following types of signs are prohibited: Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this section shall be required to be removed by the property owner within 30 days after receipt of notification (or refusal to accept delivery of notification by certified mail) that such removal is required. Alternately, the sign panel(s) within the abandoned sign structure may be removed and replaced with sign panel (s) of neutral color and containing no message. Banners, flags, balloons, cold air inflatables, streamers, and strings of pennants, except where allowed as governmental and public purpose signs for special events of limited time and frequency, as approved by the city manager or the city commission, and except banners and flags where allowed as an exemption from the permitting requirements of this chapter or where permitted as free- standing or attached signs. Bus shelter signs and bench signs. This prohibition shall not be construed to include the identification of the transit company or its route schedule. Changeable message signs, except menu and time and temperature signs, in which the message changes more rapidly than once every 24 hours. Menu signs in which the message changes more rapidly than once every three hours. Pavement markings, except official traffic control markings and street addresses. Portable signs. Roof and above-roof signs. Sandwich board signs, except in the Core and Eastern Corridor subdistricts of the Urban Center District. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. Signs in or upon any river, bay, lake, or other body of water. Signs located on publicly-owned land or easements or inside street rights- of-way, except signs required or erected by permission of the city manager or city commission, and sandwich board signs to the extent permitted in the Core and Eastern Corridor subdistricts of the Urban Center district. Prohibited signs shall include, but shall not be limited to, handbills, posters, advertisements, 11 S;;S7- 9;2. . . . . . d. Neither the direct nor the reflected 1 ight from primary 1 ight sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. (5) Banners and flags. A banner or flag may be used as a permitted free- standing or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for free- standing or attached signs on the property. (6) Garage or yard sale signs shall be subject to the following: a. Maximum area: Four square feet per sign. b. Duration: Signs shall be erected for a period of not longer than three days per event and not more frequently than two times (events) per calendar year. c. Off-premise directional signs for garage or yard sales shall be permitted only on each day during which an active garage or yard sale is taking place. Such signs shall be placed on private property only. (7) Gasoline price display signs shall be allowed in all nonresidential districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy, or they shall be attached to the primary freestanding sign for the property. If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign. (8) Theater/movie announcement signs may be either freestanding or attached, but not both, unless required by zoning district regulations to be freestanding or attached signs. Freestanding theater/movie announcement signs shall be allowed in addition to other freestanding signs allowed for properties developed as shopping centers, office complexes, retail complexes, or multi- tenant buildings. Freestanding theater/movie announcement signs shall be allowed as substitutes for the allowable freestanding signage for other properties. Attached theater/movie announcement signs shall be in addition to the allowable attached signage. (9) Time and temperature signs shall be allowed in all nonresidential districts except where specifically prohibited. The maximum area for the time and temperature portion Dnly shall be 20 square feet. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. (d) Requirements in specific zoning districts. (1) Residential zoning districts. The following types of signs are permitted in residential zoning districts, including Mobile Home Park and Residential Planned Development districts: 15 . . . or notices that are attached in any way upon lamp posts, telephone poles, utility poles, bridges, and sidewalks. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. . Signs that move, revolve, twirl, rotate, flash, including animated signs, multi-prism signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. Signs that present a potential traffic or pedestrian hazard. This includes signs which obstruct visibility. Signs attached to or placed on any tree or other vegetation. Signs carried, waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies and similar events. Snipe signs. Temporary window signs in residential districts. Three-dimensional objects that are used as signs. Time and temperature signs in which the message changes more rapidly than once every 15 seconds. Vehicle signs, and portable trailer signs. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications herein. . Sec. 134.011. Permitted signs; sign standards. (a) Purpose. It is the intent of this section to regulate signs by sign type. Permits are required for these signs. The requirements of this section are in addition to all other applicable requirements of this chapter. In the event of a conflict between the requirements of this section and other applicable requirements, the more stringent requirements shall govern. (b) Sign standards, general rules. 12 . . . . . (1) Area computation. The area of a sign shall be computed on the basis of the smallest square, circle, rectangle, cross, other geometric figure, that will encompass the extreme limits of the writing, representation, emblem, lighting, or other display, together with any material, color, or border trim forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which is placed. The computation of a sign area does not include any framework, bracing, fence or wall that is reasonably necessary to support the sign. (2) Area and sign face. The area of a sign shall be computed on a per sign face basis and all requirements with respect to sign area refer to the area of a single face of a sign. A double-faced sign shall be permitted to have the allowed area for a single-faced sign on each of the two faces of the double-faced sign. (3) Mi n imum setback. The setback of a sign sha 11 be measured from a property line to any portion of the sign structure. a. For attached signs, there shall be no minimum setback. b. For all other signs, the minimum setback shall be five feet from each side and rear property line. The minimum setback from a street shall be as set forth in this chapter. (4) Lots fronting on two or more streets. Lots fronting on two or more streets functionally classified as collector or arterial streets are allowed the permitted signage for each frontage, but such signage cannot be accumulated and used on one street in excess of that allowed for the lot based on that one street frontage. (5) Shopping centers, office complexes, retail complexes, and multi- tenant buildings. Properties developed as shopping centers, office complexes, retail complexes, or multi-tenant buildings are allowed the permitted area of attached s i gnage for each occupancy that has a separate and d i st i nct pub 1 i c entrance, but such signage cannot be accumulated and used on anyone occupancy in excess of that generally allowed for the zoning district in which the property is located. (6) All unauthorized signs found within any public property including existing rights-of-way shall be moved by the owner of the sign at no expense to the city or the governmental agency having jurisdiction over the property. Nothing shall prohibit a duly authorized local official from removing a sign from public property and properly discarding it. (7) All signs shall comply with applicable building and electrical code requirements. (8) Nothing in these regulations shall be construed to prevent or limit the display of legal notices, warnings, informational, directional, traffic, or other such signs which are legally required or necessary for the essential functions of governmental agencies. 13 . . . . . (c) Sign standards, by type of sign. (1) Attached signs. a. Viewable from a street right-of-way: The permitted area for attached signs viewable from a street right-of-way shall be based upon 1.5 square feet for each linear foot of building width. Such signs shall be oriented in a manner generally parallel to the street frontage toward which the sign is to be oriented. Building width shall be measured along the street frontage toward which the sign is to be oriented. b. Associated with a business entrance, not primarily viewable from a street right-of-way: Attached signs associated with a business entrance and not primarily viewable from a street right-of-way may be permitted so long as the area of such signs does not exceed the allowable area for attached signs established in the preceding paragraph. Such signs shall be located above or in otherwise close proximity to a business entrance that is not primarily viewable from a street right-of-way. In calculating the allowable area for such signs, building width shall be measured along the building wall on which the sign is to be oriented. (2) Freestanding signs. a. Number of sign message panels: No freestanding sign shall have its allowable surface area divided into more than two separate message panels. In computing the area of such signs, the area of the space between the message panels shall be included in the calculation of the area of the sign. b. Height: The height of a freestanding sign shall be computed as the distance from the base of the sign at ground level to the top of any portion of the sign or sign structure, whichever is taller. c. Auxiliary freestanding signs: Auxiliary freestanding signs, where permitted, shall be oriented towards the street that permits their use. (3) Directory/information signs shall be allowed in all nonresidential districts except where specifically prohibited. Not more than one directory/ information sign shall be permitted per street frontage. The maximum height of a directory/information sign shall be eight feet. (4) Illuminated signs. a. The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. b. No sign shall have blinking, flashing, or fluttering lights or other illumination device which has a changing light intensity, brightness, color, or direction. c. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. 14 . . . . . a. Subdivision/entryway signs: 1. Maximum number: Two signs for each platted subdivision or property entrance. If two signs are used for an entrance, each sign shall be a single- faced sign, and the signs shall be located on opposite sides of the entrance to which they are oriented. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: Five feet. b. Residential identification signs (e.g., nameplates): 1. Maximum number: One sign. 2. Maximum area: Two square feet. 3. Such signs shall be attached signs only. c. Signs for nonconforming uses in residential districts: 1. Maximum number: One sign. 2. Maximum area: 24 square feet. 3. Such signs shall be attached signs only. (2) Public/Semi-Public, Open Space/Recreation and Recreational Planned Development zoning districts: The following types of signs are permitted in Public/Semi-Public, Open Space/Recreation and Recreational Planned Development zoning districts: a. Freestanding signs: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 48 square feet. The total maximum area for an auxiliary freestanding sign shall be 24 square feet. 3. Maximum height: 12 feet. The maximum height for an auxiliary freestanding sign shall be eight feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 16 . . . 1. Maximum area: 48 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum allowable area for attached signs: . Wall sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 3. Maximum number: Five. Not more than three attached signs shall be of any single type listed above. c. Directory/information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Theater/movie announcement signs: 1. Maximum number: One sign per lot. 2. Maximum area: 64 square feet for a single theater, plus an additional eight square feet for each additional theater. 3. Maximum height: announcement sign. 20 feet, for a freestanding theater/movie 4. Minimum street setback: Five feet. e. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. f. Bulletin boards for government office, recreational area, school and church uses: 1. Maximum number: One bulletin board per frontage. . 2. Maximum area: 24 square feet. 17 . . . . . 3. Maximum height: Six feet. 4. Minimum street setback: Five feet. (3) Limited Office, Neighborhood Commercial, and North Greenwood Commercial districts. The following types of signs are permitted in the Limited Office, Neighborhood Commercial and North Greenwood Commercial zoning districts. However, signs erected in the North Greenwood Commercial District shall be designed, located and illuminated in accordance with the design standards adopted by the city commission by resolution. a. Freestanding signs shall be permitted as follows. However, freestanding signs in the North Greenwood Commercial District shall only be permitted for developed properties fronting on North Greenwood Avenue which maintain a building setback of at least 15 feet from any right-of-way. 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way in the Neighborhood Commercial district, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: District Maximum area (square feet) Limited Office Neighborhood Commercial North Greenwood Commercial 24 50 15 The total maximum area for an auxiliary freestanding sign shall be 25 square feet in the Neighborhood Commercial district. Auxiliary freestanding signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. 3. Maximum height: District Maximum heiqht (feet) Limited Offi ce Neighborhood Commercial North Greenwood Commercial 8 20 12 The maximum height for an auxiliary freestanding sign shall be ten feet in the Neighborhood Commercial District. 4. Minimum street setback: Five feet. 5. Time and temperature signs: Time and temperature signs shall be allowed in the Neighborhood Commercial district. Such signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. 18 . . . b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: The maximum total area for all attached signs shall be 24 square feet in the Limited Office district, 48 square feet in the Neighborhood Commercial district, and 20 square feet in the North Greenwood Commercial district. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: . Wa 11 sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. 4. Permanent window signs: In the North Greenwood Commercial district, in addition to the attached signs otherwise allowed, permanent window signs may occupy not more than 20 percent of the window area of a building. c. Time and temperature signs. Time and temperature signs shall be allowed in the Neighborhood Commercial district. Such signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. d. Directory/information signs shall be prohibited in the North Greenwood Commercial district. Directory/information signs shall be permitted in the Limited Office and Neighborhood Commercial districts on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. e. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. (4) General Office, Resort Commercial "Twenty-four" and "Twenty-eight," "B," and Office Planned Development districts. . The following types of signs are permitted in the General Office, Resort Commercial "Twenty-four" and "Twenty-eight, II liB, II and Office Planned Development zoning districts: 19 . . . a. Freestanding signs: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 50 square feet. The total maximum area for any auxiliary freestanding sign shall be 25 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be ten feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 56 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: . Wa 11 sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. c. Directory/information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs. . 1. Maximum number: One sign per lot. 20 . . . 2. Maximum area: 64 square feet for a single theater, plus an additional eight square feet for each additional theater. 3. Maximum height: announcement sign. 20 feet, for a freestanding theater/movie 4. Minimum street setback: Five feet. f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (5) General Commercial, Research, Development and Office Park and Limited Industrial districts. . The following types of signs are permitted in the General Commercial, Research, Development and Office Park and Limited Industrial zoning districts: a. Freestanding signs shall be permitted as follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 64 square feet. The total maximum area for an auxiliary freestanding sign shall be 32 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be ten feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 64 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: . Wa 11 sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 21 . . . 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. c. Directory/information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Mi n imum street setback: Equa 1 to the requ ired structura 1 setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs: 1. Maximum number: One sign per lot. 2. Maximum area: 64 square feet for a single theater, plus an additional eight square feet for each additional theater. . 3. Maximum height: announcement sign. 20 feet, for a freestanding theater/movie 4. Minimum street setback: Five feet. f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (6) Highway Commercial district. The following types of signs are permitted in the Highway Commercial zoning district: . a. Freestanding signs shall be permitted as follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 22 . . . 2. Maximum area: 112 square feet. The total maximum area for an auxiliary freestanding sign shall be 56 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be 12 feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 150 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: Wa 11 sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign . 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. c. Directory/information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 40 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs. 1. Maximum number: One sign per lot. 2. Maximum area: 128 square feet for a single theater, plus an additional 16 square feet for each additional theater. 3. Maximum height: announcement sign. 20 feet, for a freestanding theater/movie . 4. Minimum street setback: Five feet. 23 . . . f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (7) Commercial Center district. The following types of signs are permitted in the Commercial Center zoning district: . a. Freestanding signs shall be permitted as.follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 150 square feet. The total maximum area for an auxiliary freestanding sign shall be 75 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be 16 feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 150 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum allowable area: Wa 11 sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 3. Max imum number: Five attached signs, wi th not more than three attached signs being of any single type listed above. c. Directory/information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: . 1. Maximum area: 40 square feet. 24 . . . . . 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs (may be either freestanding or attached, but not both). 1. Maximum number: One sign per lot. 2. Maximum area: 128 square feet for a single theater, plus an additional 16 square feet for each additional theater. 3. Maximum height: announcement sign. 20 feet, for a freestanding theater/movie 4. Minimum street setback: Fi ve feet. f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (8) Urban Center, Beach Commercial and Beach Commercial Planned Development districts. The following types of signs are permitted in the Urban Center, Beach Commercial and Beach Commercial Planned Development zoning districts: a. Freestanding signs shall be permitted in the Eastern Corridor subdistrict of the Urban Center district and in the Beach Commercial and Beach Commercial Planned Development districts as follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. In the Beach Commercial and Beach Commercial Planned Development districts, freestanding signs shall be permitted only on properties having a principal building structural setback of not less than 15 feet over not less than 100 percent of the total property frontage on which the sign is located. 25 . . . 2. Maximum area: 64 square feet in the Eastern Corridor subdistrict of the Urban Center district; 50 square feet in the Beach Commercial and Beach Commercial Planned Development districts. An auxiliary freestanding sign shall be a maximum of 24 square feet in area. 3. Maximum height: 20 feet in the Eastern Corridor subdistrict of the Urban Center district; 20 feet in the Beach Commercial and Beach Commercial Planned Development districts. The maximum height for an auxiliary freestanding sign shall be eight feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 48 square feet in the Bayfront and Core subdistricts of the Urban Center district and in the Beach Commercial and Beach Commercial Planned Development districts, and 64 square feet in the Eastern Corridor subdistrict. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: . Wa 11 sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign However, no individual projecting sign shall exceed 16 square feet in area, nor shall such signs project more than 42 inches from the facade of the building to which they are attached. . 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. 4. Permanent window signs: In the Beach Commercial district and the Urban Center Bayfront and Core subdistricts, in addition to the attached signs otherwise allowed, permanent window signs may occupy not more than 20 percent of the window area of a building. 5. Special allowance for lots fronting on two or more streets: In the Beach Commercial district and the Urban Center Bayfront and Core subdistricts, notwithstanding other provisions of this code to the contrary, a lot fronting on two or more streets shall be allowed the permitted attached signage for each street frontage regardless of street classification. However, such signage cannot be accumulated and used on one street frontage in excess of that allowed for the lot based upon that one street frontage. c. Directory/information signs shall be permitted on lots developed with a multi-tenant building or buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 26 . . . 1. Maximum area: 20 square feet. 2. Minimum street setback: Five feet. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs may be either freestanding or attached in the Eastern Corridor subdistrict of the Urban Center district, but not both. Theater/movie announcement signs shall be attached signs in the Beach Commercial and Beach Commercial Planned Development districts, and the Bayfront and Core subdistricts of the Urban Center district. 1. Maximum number: One sign per lot. 2. Maximum area: 64 square feet for a single theater, plus an additional eight square feet for each additional theater. 3. Maximum height: 20 feet for a freestanding theater/movie announcement sign in the Eastern Corridor subdistrict. . 4. f. Minimum street setback: Five feet. Sandwich Board Signs. Sandwich board signs shall be permitted in the Core and Eastern Corridor subdistricts of the Urban Center district only. 1. Maximum number: One sign per street frontage. 2. Maximum area: Six square feet. 3. Maximum height: Four feet. 4. Placement. Sandwich board signs may be placed on public property during the hours of operation of the business or activity to which the sign relates, and in conformance with placement standards developed by the Public Works Department to insure safe pedestrian travel, vision clearance and other safety factors. g. Menu Signs for Drive-Through Establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. . 27 . . . . . 4. Minimum street setback: 25 feet. (9) Commercial and Industrial Planned Development Districts. Signs in Commercial and Industrial Planned Development districts shall generally be permitted depending upon a determination by the city commission as to which of the requirements are most appropriate to the Commercial or Industrial Planned Development district given surrounding land uses. In its determination, the city commission may modify any or all of the requirements for particular Commercial or Industrial Planned Development districts. (10) Aquatic Lands-Interior and Aquatic Lands-Coastal Districts. Signs permitted in the Aquatic Lands-Interior and Aquatic Lands-Coastal districts shall be associated with a marina, and shall be limited to marina vessel slip signs allowed as exempt signs and the commercial marina vessel slip signs allowed as bonus signs. Sec. 134.012. Sign bonus provisions; temporary signs. This section is established to recognize unusual circumstances which create the need to modify, in a consistent and uniform manner, the requirements of this code for sign area, height, number and type. (a) Area bonuses. The maximum allowable area for an attached sign may be increased under the following circumstances. However, allowable sign area bonuses cannot be combined if a sign is eligible for more than one sign bonus. In no case shall any sign bonus allow a sign which exceeds 1.5 square feet for each linear foot of building width. (1) An attached sign on a building for which the existing setback from an adjoining street right-of-way, or a proposed street right-of-way as shown on the Transportation Improvement Program or the adopted transportation element of the city's comprehensive plan, is 100 feet or greater is eligible for a sign area bonus according to the following schedule. Only the primary sign attached to the eligible building facade, and oriented towards the adjoining street right-of-way, is eligible for an area bonus. The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: (Allowable area for attached signs under applicable zoning district LESS Area of incidental/auxiliary attached signs) x (1 + Allowable area bonus) = Allowable sign area Setback Allowable additional area bonus Less than 100 feet 100 to 199.99 feet 200 to 300 feet Greater than 300 feet Not available 0.25 0.75 1.25 28 . . . (2) Attached signs in the Urban Center District may be eligible for a sign area bonus of 50 percent if judged to reflect one or more of the following characteristics and is found to create a positive image for the District as determined by a downtown sign review committee consisting of five members appointed by the city manager, including the development code administrator and four others. Use of classic or historic design or style Use of creative images reflecting Clearwater's waterfront heritage Use of symbols rather than text Use of hand-painted lettering or graphics Use of sculpted wood, metal or other materials (3) Attached signs located 100 feet or more above ground level may be eligible for a sign area bonus according to the following schedule. Only the primary sign is eligible for a sign area bonus. The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: (Allowable area for attached signs under applicable zoning district LESS Area of incidental/auxiliary attached signs) x (1 + Allowable area bonus) = Allowable sign area Heiqht of siqn Allowable additional area bonus . Less than 100 feet 100 to 150 feet 151 to 200 feet Greater than 200 feet Not available 0.5 1. 75 2.0 . (b) Height bonuses. The allowable height for freestanding signs on properties which front on overpasses or elevated roadways may be increased so that the maximum allowable sign height does not exceed ten feet above the crown height of the overpass or elevated roadway as measured from a point on the roadway that is perpendicular to the sign location. A height bonus is available only for signs which face or are oriented to the overpasses or elevated roadways. Auxiliary freestanding signs are not eligible for height bonuses. (c) Number bonus. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel slip signs allowed as exempt signs. (d) Sign address bonus for nonresidential properties. A freestanding or attached sign identifying a nonresidential property shall be allowed additional area according to the following schedule, provided that this allowance is used exclusively for the street address number, numbers or number range, depicted in Arabic numerals of at least three inches in height. Such numbers shall be of contrasting color to the background and displayed on the front of the establishment. One address sign bonus shall be allowed per occupancy. 29 . . . Property area Less than one acre 100 to 150 feet Additional siqn area 6 square feet 8 square feet (e) Temporary signs. In the event of a major public works project, such as but not limited to a road widening project, or in the event of a major storm event which results in the widespread destruction of existing signs, temporary signs may be erected upon property affected by such project or event as provided herein. (1) Property location. The property upon which the sign is to be erected shall be located within an area designated by a resolution of the city commission as an area adversely affected by a major public works project or by a major storm. . (2) Sign types, number, size, height, and location. The following may be erected on any property located as described in paragraph (I), in addition to any other sign which may lawfully be erected on such property: a. One freestanding directional sign for each driveway on the affected roadway, each sign not exceed i ng twenty (20) square feet in area and not exceeding six (6) feet in height, placed no closer than five (5) feet from any property line; or b. One banner per property in districts other than the Commercial Center district, or one banner per freestanding building in the Commercial Center district, each banner to be attached to the building and not exceeding forty- eight (48) square feet in area. c . For the purposes of subparagraph a above, II freestand i ng direct i ona 1 sign" means any sign supported by structures or supports that is placed on or anchored in the ground and that is independent of any bui lding or other structure, and which exclusively contains information providing direction to or location of any object, place, or area including but not limited to, those signs indicating avenues of ingress/egress. (3) Duration. Each sign erected pursuant to this subsection shall be removed not later than seven (7) days following completion of the public works project or portion thereof affecting the visibility of the property or not later than forty-five (45) days following the storm event, whichever is applicable. As used herein, "completion" means that active construction shall have ceased and construction equipment shall have been removed from the public works project or portion thereof affecting the visibility of the property, whether the public agency has accepted the construction work or not. . Section 3. Section 134.014, Code of Ordinances, is amended to read: Sec. 134.014. Inspections. The development code administrator and the building official E1ircctor shall, as each may determine necessary, inspect the property to ascertain that 30 . . . . . the sign is in accord with all provisions of this development code and the building code, res~ectively, and in accord with all terms upon which the sign permit may have been conditioned. Section 4. Section 134.015, Code of Ordinances, is amended to read: Sec. 134.015. Nonconforming signs. (a) No nonconforming sign may be constructed, reconstructed, altered, renovated, relocated, replaced or otherwise changed after October 13. 1985. ~ cffcctivc date of this cha~tcr, unless such action brings the sign into conformance with the provisions of this chapter, except to the extent permitted by subsection (b) below. (b) Notwithstanding the terms of subsection (a) above: (1) Any nonconforming sign c)(istiRg OR Octobcr 13, 1985, that is damaged to the extent that the cost for complete repair does not exceed 50 per cent of the replacement cost of the sign may be repaired. (2) The message on any nonconforming sign e)(istiRg OR October 13, 1985, may be changed one or more times after that sate, provided that no alteration is made to the sign structure. However, this paragraph shall not be construed to allow a nonconforming sign which is painted on a fence or wall or the roof or a wall of a building to be altered, renovated or otherwise changed unless such action brings the sign into conformity with the provisions of this chapter. (3) A nonconforming sign may be relocated upon the same property whenever a portion of ~ ~ property upon which the siqn is located is acquired through the exercise of the power of eminent domain, or otherwise acquired for a public purpose by any agency having the power of eminent domain, if the rclocatioR is Rccessary to reEh:lce the aCEll:lisitioR costs of the property. However, a sign relocated pursuant to this paragraph may not be made more nonconforminq cRlarged, nor may the sign be replaced by a sign constructed of material more durable than the sign being relocated. A lawful nonconforming sign which is relocated pursuant to this paragraph (3) shall continue to be deemed a lawful but nonconforming sign and shall continue to be subject to the requirements of subsection (c) below unless specifically exempted therefrom. Any such relocation shall not be deemed aR cxteRsioR of the reffioval datc spccificd iR sl:lbsectioR (c), rlOr slull aRY sl:ich rclacatioR bc decfficd grounds for a variance from the requirements of subsection (c). (4) A siqn that otherwise conforms with these reauirements but is made nonconformina with reqard to setback requirements bv the acquisition of a portion of the property upon which the siqn is located throuqh the exercise of the power of eminent domain. or throuqh acquisition bv other means for a public purpose bv any aqencv havinq the power of eminent domain. shall not be required to be brouqht into compliance with the setback requirements unless and until the siqn is damaqed or destroyed to an extent eaua 1 to 50 percent or more of its replacement cost. However. should the owner of the property on which the sian is located desire to relocate the siqn to conform with setback requirements. and such relocation can be accomplished only throuqh the removal of not more than one 31 . . . . . required parkinq space. no variance shall be required to the parkinq requirements to allow such relocation. (c) All signs and sign structures which were erected prior to October 13. 1985. and which were rendered nonconforminq by the adoption of Ordinance No. 4035-85, and which continue to be nonconforminq to the requirements of this chapter despite the adoption of Ordinance 5257-92. shall immediately w~ic~ arc nORcoRformiRg to t~e reqbliremeRts of t~is C~a\3t8r l3~t ',,If:Jich '{,'ere erect~E1 lawfbllly becJblse of a var i aRce f'lre'fi ObiS ly graRted or l3ecablse of cORformaRce ',\'1 t~ the previoblsly existin~ sigR re~b11atioRs at t~e time the permit was issbled, s~all, withiR seVCR (7) years from OctoBer 13, 1986, l3e removeEl BY t~e OWRcr of thc sigR or thc OWRcr of t~o f'lro~erty or be removed or brought into compliance with the terms contained herein, the value of such siqns havinq been considered to be fully amortized over the seven year period between October 13. 1985 and October 13. 1992. except for the following: (1) Any nonconforming sign located on an interstate or federal aid primary highway (i.e., U.S. Highway 19 and State Road 580 east of U.S. Highway 19) which is protected from removal by the Federal Highway Beautification Act or Ch. 479, F.S., by reason of providing compensation for removal shall be exempted from the removal terms of this ~section. This shall not, however, preclude the city from seeking to remove any such sign through an eminent domain proceeding, nor achieving sign conformance by other lawful means. In the event the Federal Highway Beautification Act or Ch. 479, F.S., is repealed, amended or adjudicated to not require compensation, then the removal provisions contained in this ~section shall apply. (2) Any nonconforming sign located on Gulf-to-Bay Boulevard east of Highland Avenue which, if said boulevard was classified a federal aid primary highway, would be protected from removal by the Federal Highway Beautification Act or Ch. 479, F.S., shall be made to comply with the terms contained herein or shall be removed by January 19. 1996. which date is wit~iR seven f++ years from the enactment of Ordinance No. 4753-88. (d) The E1evelo~meRt code aElmiRistrator shall ~re\3are aR iRycRtory of all nORconformiRg si~Rs. FollowiRg iElcRtificatioR andrecorElatioR, the code administrator sf:Jall Ratify t~e f'lrs\3crty eWRer or si~R oWRer/lesser iEleRtifyiRg the actioR(s) Recessary te make t~e si~R(s) cORform to t~esc si~R regbllatioRs, tAe Elate that sl:lch s i gR (s) s~a 11 138 remevoe! if Rat a Horae! to cORform, tAc opportblRity to secl( relief t~rebl~~ a variaRce \3rocceEliR~ aRB thc peRaltics for noncompliance. Said notice s~all l3e ~iYcn at least eig~tecR (18) maRths prior to the removal E1atc specifieEl in sblbsectioR (c) of t~is scctioRi binder no circblmstanccs, ~e1f.'C'/er, s~all failblre to ~ive or reccive Rotice cORstitl:lte groblRds for nORcem\31iaRce sr b1Rtimely com~liaRcc. JJ1l+et Legal nonconforming signs which exist on property annexed into the city on or before October 13, 1992, shall be subject to the removal or compliance provisions contained in sbll3sectioR (c) of this section. After October 13, 1992, sign compliance shall occur in a time and manner prescribed by the city commission in conjunction with consideration of the annexation application. ~ff+ Any person aggrieved by the provisions of this section may apply 32 . . . . . to the city commission for a variance in accordance with section 137.012. ARy req~cst for a variaRcc s~all be files wit~ thc developmeRt code admiRistrator at least 90 days J:}rior to October 13, 1992. The city commission may grant a variance only after a public hearing and upon a demonstration by the owner/lessor of a hardship different in kind and magnitude from that suffered by other sign owners or lessors similarly situated. (f) All siqns and siqn structures which were replaced or modified lawfully after October 13. 1985. and prior to the adoption of Ordinance 5257-92. and were replaced or modified in order to conform to the requirements of Ordinance 4035- 85. or to conform to the requirements and conditions of a variance which was qranted with no expiration date or time limit on the variance. but which are nonconforminq to the requirements of this chapter solely because of the adoption of Ordinance 5257-92. shall not be required to conform to these requirements unless such siqns and siqn structures are damaqed or destroyed to an extent equal to 50 percent or more of their replacement cost. (q) Anv siqn which is in violation of Ordinance 4035 or Ordinance 4753-88 and which is not rendered conforminq by Ordinance 5257-92 shall be considered to be in continued violation of this chapter as if Ordinance 5257-92 had not been adopted. In such cases. the adoption of Ordinance 5257-92 shall not interfere with any pendinq proceedinQs before the municipal code enforcement board or the county court or require the issuance of a new citation or notice to appear. nor shall the adoption of Ordinance 5257-92 permit the amortization period for any such siqn to beqin anew. (h) Anv siqn which is in violation of Ordinance 4035 or Ordinance 4753-88 but which is rendered conforminq in all respects bv Ordinance 5257-92 shall be considered to have been brouqht into compliance with this chapter. and any pendinq citation or notice to appear before the municipal code enforcement board or the county court shall be dismissed. Section 5. Subsection (e) is added to Section 134.018, Code of Ordinances, to read: ' Sec. 134.018. Interpretation and variance. * * * * * ill It is the intent of the city commission that protection of First Amendment riqhts shall be afforded such that any siqn. display or device allowed under these requlations may contain. in lieu of any other copy. any otherwise lawful non-commercial messaqe that does not direct attention to a business operated for profit, or to a commodity or service for sale. and that complies with the size. liqhtinq and spacinq requirements of these requlations. Section 6. Subsection (a) of Section 137.005, Code of Ordinances, is amended to read: [Note: Asterisks (* * *) and ellipses (. . .) indicate that portions of existing text have been omitted. Omitted portions of text are not affected by this amendment.] 33 . . . . . Sec. 137.005. Definitions. (a) Words and terms used in this development code shall be given the meanings identified hereinafter: * * * * * Certificate of occupancy/use: Certificate by the building director that a building, structure or use conforms to all applicable city ordinances. . .. C~aRgcaB 1 e cOflY s i ~R Boarel P. s i ~R OR 'I.'A i ch thc mcssa~c is chaRgcd maR~ally OR tAC prcmises ~~crc thc sigR is locatcd t~ro~~A the ~tilizatioR of attacAablc lcttcrs, R~mBers, symBols aRd ot~cr similar cAaractcrs or, iR t/:1c casc of a billBoard, thro~gA tAC ~tilizJtieR of cAJR~eaBle pictorial flaRcls. Change of use (or changed use): A change of use of a building, structure or property. . .. * * * * * Development: Any man-made improvement to property,. Directory iRformatioR Si~RI ~ si~A fllaced wit/:1iR a largc dc~clopmcRt for thc pb/rl'lose of oricAtiR~ JRd ~b/i~iR.~ flcdcstriJRs ~r metorist~ ;~~O~g~O~~ t:~ ~~~~ (AOt for thc pb/rj:losc of Js\'crtlslR~ or attractlR~ atteRtlO--- -1- --c.- S--n- shall BC rc~~ircc:l to iRcorj:lsrate aRe promiRcRtly display a map or lik~ ~r;~/:1i~ witAiR thc pcrmittcd sb/rface arca. District: Any section or sections of the city. . .. Dock: Any structure constructed on piling over open water or supported by flotation on the water. . Do~ble faced sigR. ,^, si~R wit/:1 two (2) faccs of c~~al sb/rfacc arca dcsigRcc:l to be \'ie~cd from opflosite c:lirectioAs. Double frontage lot: A lot bounded on opposite or approximately opposite sides by streets. * * * * * Gross leasable lcascJslc floor area. The floor area designed for tenant occupancy. GrOb/Ae SigRI A low si~R j:lermJReAtly imBedece iAto tAc ~roblRe frecstaRsiRg from aRY b~ileiAg ane wit/:1oblt b1tilizatioR of a j:lolc. Group care, Level I: A dwelling unit licensed to serve clients of the Florida Department of Health and Rehabilitative Services. * * * * * 34 . . . Hotel/motel unit. An accommodation within a hotel/motel building. . .. Identification sign. A sign ~s~ally ~is~layed for t~e ~~rpese of primary property or b~siness identification p~rpeses and ~s~ally limited to fo~r (1) words or less to enasle ease of i~entification, rca~ability and le~ibility, b~t w~ic~ sign may bc ~sed for any la~,fl:Jl ~l:Jrl3ose an~may contain any n~mber of ,^,or~s. Impermeable lot coverage. Any permanent installation on or improvement to the natural earth surface. . * * * * * Model home: A residential building. Multiplc faced sign: A si~n witR tRree (3) or more faces, eaCR face Raying an identical s~rface area. Net acre: That upland area within a contiguous parcel(s). . .. * * * * * Personal service: A business offering a service primarily for an individual's convenience. . Place (a sign): Erect, locate, censtr~ct, alter, move or replace a sign. Plat: A map, plan or layout, drawn to scale, of a tract of land to be subdivided. Pole sign. A freestan~in~ sign ~RicR is s~pportce by one or more col~mns, uprights, or braces anc~orea into the ~rol:Jna. Political si~n. A temporary sign '(,Rich refers only to t~e iss~es or candidates invol~cd in a ~olitical electien. Portable building: A portable building is any building or vehicle comprised of one or more units. . .. Portable si~n: A si~n wRicR iSi (a) neither permancntly anchorea to the grol:Jne nor pcrmancntly affixed te a b~ilding or strl:Jct~re, or (b) mo~ntca on a trailer d1assis. Preferred land use: The select use or uses for which a zoning district is characteristically established. * * * * * Principal structure or use: The main or primary structure or use of land. Project i ng sign. P. sign 'fih i CR ~rojects more than one foet from thc 4IIt exterior wall of a sl:JilaiR~. 35 . . . . . Property: Land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership. Property lines: The lines which bound a property. Real estate sigA. A sigA which a~vertises for sale, lease or reAt tAe laAd UpOA ~:hich tRe sigR is locates or a BYildiRg or ~Rit locates thereoR. Rear property line: A property line which runs generally parallel to the property line from which a property is addressed. * * * * * Side property line: A property line which runs generally perpendicular or radial to the property line from which a property is addressed. SigAI AAY writiAg, pict~re, symbol, baRRer or other gra~hic commYRicatioR device "!Rich is primarily ysed to cOR'/ey iRformatioA, attract attCl~tioA, or advertise aA~ which is prDmiAeRtly visiBle from aR oYtdoor locatioA off the premises. SigA stryctyrel The SY~~Drts, ~prights, Braces aAd frame of a sigA. Standard lot: Any lot which is not a double frontage lot. * * * * * Subdivision plat: is to be subdivided. A document (plat) displaying the manner in which land Surface areal TAe rectaAgular, trapezoiElal, triaAg~lar, circular or semicircular area of a si@A which fylly eAcom~asses aAd all extremities of the sigA, excl~si':e of s~p~orts, u~rigRts, Braces aAd frame. For the pyrpose of determiAiAg the syrface area of a si@R ~laceG ~irectly OA a wall, DAly that part of the wall wRich is iAte@ral to the si@A shall Be compyted as syrface area. Swimming pool: A tank or tub for swimming or wading. * * * * * Temporary retail sales and displays: Any nonpermanent sales or displays. Tem~orary sigAI A si@A which is ~is~laye8 for a limited ~erieG of time, us~ally loss thaA eAe year aAG YAGer RO circumstaAce for a time ~eried of lOAger d~ratioR thaA is specified iA this Gevelo~mcAt cose for the particylar sigA ~se. Time aRE! temperatYre Si!?lAI ,/), si@A cOAtaiAiR!?l illymiAateG Aumerals flashiAg to display the time aAd tem~crature DAly. 36 . . . . . Townhouse building: A building which contains two (2) or more townhouse units, each unit located on its own lot with individual title thereto and each lot possessing direct street access and requisite parking to serve the unit. * * * * * Video/electronic game rooms: enterta i nment. . .. A specific type of indoor commercial Wall si~Ai ~ si~A ~arallel to aAd ~laced citRcr directly OA or attacRcd to tAC cxterior wall of a ~~ilsiA~ or str~ct~re. Waterfront property: That upland property, whether in one or more lots, parcels or ownerships which, combined, abut the waterfront. * * * * * Wholesaling/distributing: The selling and/or distributing of goods in large quantities to other than the individual retail consumer. WiASOW SigAl A sigA placcs SA tAe iAsiac or o~tsisc of aAY wiA80w of a buildiAg (iAcl~siAg tAC door) JAd is ~iewa~lc from o~tsidc S~CA wiA80w. Section 7. The provisions of this ordinance have been found to be consistent with the City of Clearwater Comprehensive Plan. Section 8. This ordinance shall take effect on October 13, 1992. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED September 3, 1992 September 17, 1992 Attest: ~[~._, Ie,. hi a E., Got.tGeau Clerk': ..-::- _.-. ,,~- --...- Approved as hf-, form .ancfcor~eCtness: 37