9029-17ORDINANCE NO. 9029-17
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO SIGNS; MAKING FINDINGS; AMENDING SECTION
102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF
CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE;
AMENDING SECTION 3 -1801 (GENERAL PRINCIPLES); AMENDING
SECTION 3 -1803 (EXEMPT SIGNS), AMENDING SECTION 3 -1804
(PROHIBITED SIGNS), DELETING SECTION 3 -1805 (GENERAL
STANDARDS) AND ADDING A NEW SECTION 3 -1805 (GENERAL
PROVISIONS FOR SIGNS); DELETING SECTION 3 -1806 (SIGNS
PERMITTED WITHOUT A PERMIT) AND ADDING A NEW SECTION
3 -1806 (TEMPORARY SIGNS); AND AMENDING SECTION 3 -1807
(PERMITTED SIGNS REQUIRING DEVELOPMENT REVIEW);
DELETING SUBSECTION 3- 2102.D AND RENUMBERING THE
FOLLOWING SUBSECTIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater finds and determines that Chapter 163, Part II,
Florida Statutes, continues to require counties and municipalities to adopt local land
development regulations that shall, inter alia, regulate signage [s. 163.3202(2)(f)];
WHEREAS, the City of Clearwater finds and determines that it is appropriate to update
and revise its Community Development Code relative to signage;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences,
phrases, words, and provisions of the existing ordinance which are obsolete or superfluous,
and /or which have not been enforced, and/or which are not enforceable, and/or which would be
severable by a court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to ensure
that the Land Development Code as it relates to signs is in compliance with all constitutional and
other legal requirements;
WHEREAS, the City of Clearwater finds and determines that the purpose, intent and
scope of its signage standards and regulations should be detailed so as to affirm that the sign
standards and regulations are concerned with the secondary effects of speech and are not
designed to censor speech or regulate the viewpoint of the speaker;
WHEREAS, the City of Clearwater finds and determines that the limitations on the size
(area), height, number, spacing, and setback of signs, adopted herein, are based upon sign types;
WHEREAS, the City of Clearwater finds and determines that limitations on signs are
related to the zoning districts for the parcels and properties on which they are located;
WHEREAS, the City of Clearwater finds and determines that various signs that serve as
signage for particular land uses, such as drive - through lanes for businesses, are based upon
content - neutral criteria in recognition of the functions served by those land uses, but not based
upon any intent to favor any particular viewpoint or control the subject matter of public
discourse;
WHEREAS, the City of Clearwater finds and determines that the sign standards and
regulations adopted hereby still allow adequate alternative means of communications;
WHEREAS, the City of Clearwater finds and determines that the sign standards and
regulations adopted hereby allow and leave open adequate alternative means of communications,
such as newspaper advertising and communications, internet advertising and communications,
advertising and communications in shoppers and pamphlets, advertising and communications in
telephone books, advertising and communications on cable and satellite television, advertising
and communications on UHF and/or VHF television, advertising and communications on AM
and/or FM radio, advertising and communications on satellite and internet radio, advertising and
communications via direct mail, and other avenues of communication available in the City of
Clearwater [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204, 1205 (Super. Ct.
App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469, 477
(1989); Green v. City of Raleigh, 523 F.3d 293, 305 -306 (4th Cir. 2007); Naser Jewelers v. City
of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43 -44 (1st Cir.
2007); and La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006
WHEREAS, the City of Clearwater finds and determines that the provisions of Division
18 that amend portions of the current Division IV are consistent with all applicable goals,
objectives and policies of the City's adopted Comprehensive Plan, including Goal A.3, Objective
A.3.1, and Policies A.3.1.1, A.3.1.2 and A.3.1.3;
WHEREAS, the City of Clearwater finds and determines that these amendments are not
in conflict with the public interest;
WHEREAS, the City of Clearwater finds and determines that these amendments will not
result in incompatible land uses;
WHEREAS, the City of Clearwater recognizes that under established Supreme Court
precedent, a law that is content -based is subject to strict scrutiny under the First Amendment of
the U.S. Constitution, and such law must therefore satisfy a compelling governmental interest;
WHEREAS, the City of Clearwater recognizes that under established Supreme Court
precedent, a compelling government interest is a higher burden than a substantial or significant
governmental interest;
WHEREAS, the City of Clearwater recognizes that under established Supreme Court
precedent, aesthetics is not a compelling governmental interest but is a substantial governmental
interest;
WHEREAS, the City of Clearwater recognizes that until a recent Supreme Court
decision released in June 2015, there had not been clarity as to what constitutes a content -based
Iaw as distinguished from a content - neutral law;
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WHEREAS, the City of Clearwater recognizes that in Reed v. Town of Gilbert, Ariz., —
U.S. —, 135 S. Ct. 2218, (2015), the United States Supreme Court, in an opinion authored by
Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayor,
addressed the constitutionality of a local sign ordinance that had different criteria for different
types of temporary noncommercial signs;
WHEREAS, the City of Clearwater recognizes that in Reed, the Supreme Court held that
content -based regulation is presumptively unconstitutional and requires a compelling
governmental interest;
WHEREAS, the City of Clearwater recognizes that in Reed, the Supreme Court held that
government regulation of speech is content based if a law applies to particular speech because of
the topic discussed or the idea or message expressed;
WHEREAS, the City of Clearwater recognizes that in Reed, the Supreme Court held that
even a purely directional message, which merely gives the time and location of a specific event,
is one that conveys an idea about a specific event, so that a category for directional signs is
therefore content - based, and event -based regulations are not content neutral;
WHEREAS, the City of Clearwater recognizes that in Reed, the Supreme Court held that
if a sign regulation on its face is content - based, neither its purpose, nor function, nor justification
matter, and the sign regulation is therefore subject to strict scrutiny and must serve a compelling
governmental interest;
WHEREAS, the City of Clearwater recognizes that in Reed, Justice Alito in a concurring
opinion joined in by Justices Kennedy and Sotomayor pointed out that municipalities still have
the power to enact and enforce reasonable sign regulations;
WHEREAS, the City of Clearwater recognizes that Justice Alito in the concurring
opinion joined in by Justices Kennedy and Sotomayor provided a list of rules that would not be
content - based;
WHEREAS, the City of Clearwater recognizes that Justice Alito noted that these rules,
listed below, were not a comprehensive list of such rules;
WHEREAS, the City of Clearwater recognizes that Justice Alito included the following
rules among those that would not be content - based: (1) rules regulating the size of signs, which
rules may distinguish among signs based upon any content - neutral criteria such as those listed
below; (2) rules regulating the locations in which signs may be placed, which rules may
distinguish between freestanding signs and those attached to buildings; (3) rules distinguishing
between lighted and unlighted signs; (4) rules distinguishing between signs with fixed messages
and electronic signs with messages that change; (5) rules that distinguish between the placement
of signs on private and public property; (6) rules distinguishing between the placement of signs
on commercial and residential property; (7) rules distinguishing between on- premises and off -
premises signs [see discussion in Memorandum dated September 11, 2015 from Lawrence Tribe
to Nancy Fletcher, President, Outdoor Advertising Association of America, re Applying the First
Amendment to Regulations Distinguishing Between Off - premises and On- premises Signs After
Reed v. Town of Gilbert]; (8) rules restricting the total number of signs allowed per mile of
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roadway; and (9) rules imposing time restrictions on signs advertising a one -time event, where
rules of this nature do not discriminate based on topic or subject and are akin to rules restricting
the times within which oral speech or music is allowed;
WHEREAS, the City of Clearwater recognizes that the distinction between the location
of off - premises signs and on- premises signs is a time, place and manner regulation, and is not a
content -based as noted by Justice Alito, and further recognizes that in 1978 in Suffolk Outdoor,
over the objection of Justices Blackmun and Powell, the U.S. Supreme Court denied review of
the underlying decision for the want of a substantial federal question and that the denial on this
basis was a decision on the merits, wherein the decisions was framed by the petitioner's
jurisdictional statement which presented its first question as to whether a total ban on billboards
within an entire municipality was constitutional, claiming that this disparate treatment of off -
premises billboards from on- premises accessory signs was a violation of the First Amendment;
WHEREAS, the City of Clearwater acknowledges that the significance of Suffolk
Outdoor is that it was a merits decision that recognized that it is constitutionally permissible to
distinguish between on -site signs and off -site signs (Billboards) for regulatory purposes, and to
ban the latter, and that this merits decision has never been overturned;
WHEREAS, the City of Clearwater recognizes that Justice Alito further noted that in
addition to regulating signs put up by private actors, government entities may also erect their
own signs consistent with the principles that allow governmental speech [see Pleasant Grove
City, Utah v. Summum, 555 U.S. 460, 467 -469 (2009)], and that government entities may put up
all manner of signs to promote safety, as well as directional signs and signs pointing out historic
sites and scenic spots and other destination locations identified as having significance under an
official governmental wayfinding plan that meet the criteria for governmental speech;
WHEREAS, the City of Clearwater recognizes that Justice Alito noted that the Reed
decision, properly understood, will not prevent cities from regulating signs in a way that fully
protects public safety and serves legitimate esthetic objectives, including rules that distinguish
between on- premises and off - premises signs;
WHEREAS, the City of Clearwater recognizes that as a result of the Reed decision, it is
appropriate and necessary for local governments to review and analyze their sign standards and
regulations, beginning with their temporary sign standards and regulations, so as to make the
necessary changes to conform with the holding in Reed;
WHEREAS, the City of Clearwater recognizes that government speech is not subject to
First Amendment scrutiny as was confirmed by the United States Supreme Court in Walker v.
Texas Division, Sons of Confederate Veterans, Inc., 135 S.Ct. 2239 (2015), released in June 2015
the same day as the Reed decision, and the Confederate Veterans decision has been followed as
to government signs by the Eleventh Circuit in Mech v. School Bd. of Palm Beach County, 806
3d 1070 (11th Cir. 2015), cent. denied, - -- S.Ct. - - - -, 2016 WL 2943619 (October 3, 2016);
WHEREAS, the City of Clearwater recognizes that under established Supreme Court
precedent, commercial speech may be subject to greater restrictions than noncommercial speech
and that doctrine is true for both temporary signs as well as for permanent signs;
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WHEREAS, the City of Clearwater finds and determines that under Florida law,
whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act
will be permitted to stand provided: (1) the unconstitutional provisions can be separated from the
remaining valid provisions; (2) the legislative purpose expressed in the valid provisions can be
accomplished independently of those which are void; (3) the good and the bad features are not so
inseparable in substance that it can be said that the legislative body would have passed the one
without the other; and (4) an act complete in itself remains after the valid provisions are stricken
[see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)];
WHEREAS, the City of Clearwater finds and determines that there have been several
judicial decisions where courts have not given full effect to severability clauses that applied to
sign regulations and where the courts have expressed uncertainty over whether the legislative
body intended that severability would apply to certain factual situations despite the presumption
that would ordinarily flow from the presence of a severability clause;
WHEREAS, the City of Clearwater finds and determines that the City has consistently
adopted and enacted severability provisions in connection with its ordinance code provisions;
and the City wishes to ensure that severability provisions apply to its land development
regulations, including its sign standards;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
of its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the maximum extent possible, even if less speech would result from a
determination that any provision is invalid or unconstitutional for any reason whatsoever;
WHEREAS, the City of Clearwater finds and determines that objects and devices such
as graveyard and cemetery markers visible from a public area, vending machines or express mail
drop -off boxes visible from a public area, decorations that do not constitute advertising visible
from a public area, artwork that does not constitute advertising; a building's architectural
features visible from a public area, or a manufacturer's or seller's markings on machinery or
equipment visible from a public area are not within the scope of what is intended to be regulated
through "land development" regulations that pertain to signage under Chapter 163 of the Florida
Statutes;
WHEREAS, the City of Clearwater finds and determines that the aforesaid objects and
devices are commonly excluded or exempted from being regulated as signs in land development
regulations and sign regulations, and that extending a regulatory regime to such objects or
devices would be inconsistent with the free speech clause of the First Amendment;
WHEREAS, the City of Clearwater finds and determines that the preambles in
Ordinance No. 8343 -12 that pertain to those provisions of Division 18 that are not amended by
this ordinance are still applicable today after the Reed decision;
WHEREAS, the City of Clearwater finds and determines that the city is a resort
community on the east coast of the state with several miles of beaches on the Gulf of Mexico and
the City has an economic base which relies heavily on tourism;
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WHEREAS, the City of Clearwater finds and determines that in order to preserve the
city as a desirable community in which to live, vacation and do business, a pleasing, visually -
attractive urban environment continues to be of foremost importance;
WHEREAS, the City of Clearwater finds and determines that the regulation of signs
within the city is a highly contributive means by which to achieve this desired end, and that the
sign standards and regulations in Exhibit A attached to proposed Ordinance 9029 -17 are
prepared with the intent of enhancing the urban environment and promoting the continued well-
being of the city;
WHEREAS, the City of Clearwater finds and determines that Article II, Section 7, of the
Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to
conserve and protect its scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics is a substantial governmental interest and directly serves the policy
articulated in Article II, Section 7, of the Florida Constitution, by conserving and protecting its
scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics has long been recognized as advancing the public welfare;
WHEREAS, the City of Clearwater finds and determines that as far back as 1954 the
United States Supreme Court recognized that "the concept of the public welfare is broad and
inclusive," that the values it represents are "spiritual as well as physical, aesthetic as well as
monetary," and that it is within the power of the legislature "to determine that the community
should be beautiful as well as healthy, spacious as well as clean, well balanced as well as
carefully patrolled" [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)];
WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis
for zoning, and the regulation of the size of signs and the prohibition of certain types of signs can
be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v. Peters,
65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott
Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400
U.S. 805 (1970)];
WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community's image and its continued presence as a tourist
destination;
WHEREAS, the City of Clearwater finds and determines that the sign control principles
set forth herein create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment;.
WHEREAS, the City of Clearwater finds and determines that the beauty of the City of
Clearwater, both with regard to its natural and built and developed environment has provided the
foundation for the economic base of the City's development, and that the City's sign regulations
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not only help create an attractive community for its residents, but also bolster Clearwater's image
as a tourist destination;
WHEREAS, the City of Clearwater finds and determines that the goals, objectives and
policies from planning documents developed over the years, demonstrate a strong, long -term
commitment to maintaining and improving the City's attractive and visual environment;
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, one of the most important community goals is to define and protect aesthetic
resources and community character;
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, sign regulations are especially important to cities with a tourist -based economy, and
sign control can create a sense of character and ambiance that distinguishes one community from
another;
WHEREAS, the City of Clearwater finds and determines that preserving and reinforcing
the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly,
establishes a permanent residential and commercial base to ensure the future viability of the
community;
WHEREAS, the City of Clearwater finds and determines that the purpose of the
regulation of signs as set forth in Exhibit A to proposed Ordinance 9029 -17 is to promote the
public health, safety and general welfare through a comprehensive system of reasonable,
consistent and nondiscriminatory sign standards and requirements;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to lessen hazardous situations, confusion
and visual clutter caused by proliferation, improper placement, illumination, animation and
excessive height, area and bulk of signs which compete for the attention of pedestrian and
vehicular traffic;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to enhance the attractiveness and
economic well -being of the city as a place to live, vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 pertaining to warning signs and unsafe signs are
intended to serve a compelling government interest by protecting the public from the dangers;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 pertaining to traffic directional signage are intended to
serve a compelling government interest by protecting pedestrians and motorists from harm;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to permit signs that are compatible with
their surroundings and aid orientation, and to preclude placement of signs in a manner that
conceals or obstructs adjacent land uses or signs;
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WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to curtail the size and number of signs
and sign messages to the minimum reasonably necessary to identify a residential or business
location and the nature of any such business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to establish sign size in relationship to
the scale of the lot and building on which the sign is to be placed or to which it pertains;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to preclude signs from conflicting with
the principal permitted use of the site or adjoining sites;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to regulate signs in a manner so as to not
interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to require signs to be constructed,
installed and maintained in a safe and satisfactory manner;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 9029 -17 are intended to preserve and enhance the natural and
scenic characteristics of this coastal resort community;
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
was originally mandated by Florida's Local Government Comprehensive Planning and Land
Development Regulation Act in 1985 (see Chapter 85 -55, §14, Laws of Florida), and this
requirement continues to apply to the City of Clearwater through Section 163.3202(2)(f), Florida
Statutes, as referenced above;
WHEREAS, the City of Clearwater finds and determines that it has adopted a land
development code, known as the Community Development Code, in order to implement its
Comprehensive Plan, and to comply with the minimum requirements in the State of Florida's
Growth Management Act, at Section 163.3202, Florida Statutes, including the regulation of
signage and future land use;
WHEREAS, the intent of flexibility in the design criteria for sidewalk signs in Table 3-
1806.1.e is to achieve a creatively designed sign that fosters an attractive, dynamic and vibrant
urban environment that will enhance community character.
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code is the manner by which the City has chosen to regulate signage;
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code and its signage regulations were and are intended to maintain and improve
the quality of life for all citizens of the City;
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WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit certain sign types, as set forth in Division 18;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Article 8, Section 8 -102, City of Clearwater Community Development Code,
is hereby amended to read as follows, with deletions noted by strike - through and additions noted
by underlining:
* * *
Decoration means any decoration visible from a public area that does not include
lettering or text and is not displayed for commercial advertising.
* * *
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
from a public street, sidewalk or right -of -way, or from a body of water. For the purpose
of this development code, the term "sign" shall include all structural members. A sign
shall be construed to form a single unit. In cases where matter is displayed in a random or
unconnected manner without organized relationship of the components, each such
component shall be considered a single sign. Except for banner, flags, temporary and
portable signs, all signs shall be permanently affixed to, and/or incorporated into, the sign
cabinet, or building wall or other base material. All signs shall be constructed of materials
designed to be permanent, withstand weather conditions, and shall have permanent
supports appropriate for its size. The term sign shall not include: artwork, hol
seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs
or tablets.
Sign, adopt a park or acknowledgment means a government sign that recognizes a
sponsoring agency which has been given the opportunity to install and maintain
landscaping in city rights -of -way or on a city -owned property at the site where the
landscaping is located.
* * *
Sign, billboard means a non - point -of -sale sign that exceeds twenty -four square
feet and which advertises a business, organization, event, person, place or thing or other
commercial message.
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* * *
* * *
Sign, feather or flutter sign means a sign extending in a sleeve -like fashion down
a telescoping or fixed pole that is mounted in the ground or on a building or stand. A
feather sign or flutter sign is usually shaped like a sail or feather, and attached to the pole
support on one vertical side.
* * *
face area and whose top is not more than six feet off the ground, that functions to
Sign, garage yard sale means any temporary sign pertaining to the sale of
Sign, fuel price display means any on -site sign which functions exclusively to
displays the prices of gasoline for sale.
Sign, government means any temporary or permanent sign erected by or on order
of a public official or quasi - public entity at the federal, state or local government level in
the performance of any duty including, but not limited to, designated wayfinding signs.
noncommercial signs identifying a government building or service, traffic control signs,
street name signs, warning signs, safety signs, informational signs, traffic or other
directional signs, public notices of events, public notices of government actions, proposed
changes of land use, any proposed rezoning, or any other governmental speech.
* * *
Sign, identification means any sign which indicates no more than the name,
... - _ ., . ...
which the sign is located.
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* * *
Sign, machinery or equipment means a sign which is integral and incidental to
machinery or equipment, and that is incorporated into machinery or equipment by a
manufacturer or distributor to identify or advertise the product or service dispensed by
the machine or equipment, such as a sign customarily affixed or incorporated into a
vending machine, a telephone booth, ATM, a gasoline pump, a newspaper rack, an
express mail drop -off box, or the like.
* * *
* * *
Sign, safety means a sign that functions to serves a compelling governmental
purpose by providing provide a warning of a dangerous condition or situation that might
not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage,
condemned building, etc.).
Sign, sidewalk (sometimes referred to as a Wind style sign or an A -Frame Sign a
sandwich board sign) means any freestanding single or double faced sign which is
designed to be placed upon, but not affixed to, the ground, or sidewalks or pavement, and
that is portable and readily moved from place to place.
Saud du lour
All your favorites
A Frame Sign
* * *
Sign, sky dancers or air dancer sign means an inflatable sign that is taller than
five feet and that exhibits movement when filled with air to attract attention.
Wind Sign Style
* * *
Sign, traffic control device means any government sign located within the right -
of -way that serve a compelling governmental purpose by functioning functions as a
traffic control device and that is described and identified in the Manual on Uniform
Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator
as the National Standard. Traffic control device sign includes those signs that are
classified and defined by their function as regulatory signs (that give notice of traffic laws
or regulations), warning signs (that give notice of a situation that might not readily be
apparent), and official guide signs
* * *
Sign, wind - activated means a sign which uses objects or material fastened in such
a manner as to move upon being subjected to pressure by wind, and shall include
pennants, ribbons, spinners, streamers, or captive balloons, however the term wind
activated sign shall not include flags.
* * *
Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development
Code, is hereby revised by amending section 3 -1801 (General principles); amending section 3-
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1803 (Exempt signs), amending section 3 -1804 (Prohibited signs), deleting section 3 -1805
(General standards) and substituting in its place a new section 3 -1805 (General provisions for
signs); deleting section 3 -1806 (Signs permitted without a permit) and substituting in its place a
new section 3 -1806 (Temporary signs); and amending section 3 -1807 (Permitted signs requiring
development review), City of Clearwater Community Development Code, to read as set forth in
the revisions to Division 18 attached hereto as "Exhibit A," which is hereby adopted as part of
the City of Clearwater Community Development Code.
Section 3. All references to Article 3, Division 18, of the City of Clearwater Community
Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of
the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this
Ordinance.
Section 4. Article 3, Section 3- 2102.D, City of Clearwater Community Development
Code, is hereby amended to delete the current Subsection 3- 2102.D and re -letter the following
subsections, with deletions noted by strike - through and additions noted by underlining:
* * *
use permit.
E. D. Where a tent or similar structure is to be used in conjunction with a temporary use,
the following shall be met.
1. Comply with all requirements of the fire marshal;
2. Provide the city with a certificate of insurance to cover the liability of the applicant or
sponsor; and
3. Demonstrate that the tent is flame resistant by providing a certificate of flame
resistance or other assurance that the structure has been properly treated with flame
retarder and has been maintained as such.
FE. Where a tent or similar structure is to be used in conjunction with a temporary use,
the tent shall be allowed to be set -up on the day before the temporary use is scheduled to
begin, and shall be allowed to be taken down the day after the temporary use is scheduled
to end. However, additional time may be allowed for circuses or carnivals as determined
by the community development coordinator.
Section 5. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Assistant City Attorney
JUN 1 4 2017
JUL 2 0 2017
—Ctt o(\(Acnc. \l )$
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
EXHIBIT
A
DIVISION 18. - SIGNS
Section 3 -1801.
Section 3 -1802.
Section 3 -1803.
Section 3 -1804.
- General principles.
— Purpose.
- Exempt signs.
- Prohibited signs.
Section 3 -1805.
Section 3 -1806.
Section 3 -1807.
Section 3 -1808.
Section 3 -1809.
- General provisions for signs.
- Temporary signs.
- Permitted signs requiring development review.
- Comprehensive sign program.
- Severability.
Section 3 -1801. - General principles.
The Florida
Constitution provides that it is the policy of the state to conserve and protect its scenic
beauty, and the regulation of signage for purposes of aesthetics directly serves that
policy. Since 1985, the Florida Statutes have required that municipalities enact land
development regulations that regulate signage. The city is a resort community on the west
coast of the state with more than five miles of beaches on the Gulf of Mexico. This city
has an economic base which relies heavily on tourism. In order to preserve the city as a
desirable community in which to live, vacation and do business, a pleasing, visually
attractive urban environment is of foremost importance. The regulation of signs within
the city is a highly contributive means by which to achieve this desired end. These sign
regulations are prepared with the intent of enhancing the urban environment and
promoting the continued well -being of the city. The enhancement of the visual
environment is critical to a community's image and its continued presence as a tourist
destination, and the sign control principles set forth herein create a sense of character and
ambiance that distinguishes the city as one with a commitment to maintaining and
improving an attractive environment.
Section 3 -1803. - Exempt signs.
The following signs are exempt from regulation under this Division 18:
A. A sign, other than a window sign, located entirely inside the premises of a building or
enclosed space.
B. A sign on a car, other than a prohibited vehicle sign or signs.
C. A statutory sign.
D. A traffic control device sign.
E. Any sign not visible from a public street, sidewalk or right -of -way or from a navigable
waterway or body of water; except that the foregoing does not exempt a sign for a
commercial use that is visible from an abutting residential use.
F. A government sign.
Section 3 -1804. - Prohibited signs.
The following types of signs are prohibited:
A. Feather /flutter signs; Wind- activated signs; Air - dancer signs; Sky -dancer signs.
B. Bench signs. Bench signs, other than the identification of the transit company or its
route schedule.
C. Billboards.
D. Discontinued signs.
be nonconforming with the provisions of this Division 18 shall be required to be
A discontinued sign
and/or sign structure which is determined to be nonconforming with the provisions of
this Division 18 shall not be required to be removed if it is brought into conformity with
the provisions of this Division 18 within three (3) months after receipt of notification, or
refusal to accept delivery of notification by certified mail that removal is required upon
failure to bring the structure into conformity.
E. Electronic changeable message signs unless otherwise allowed herein or those that are
existing, legally nonconforming message signs. Legally nonconforming message signs
shall only be either those that have general messages that change no more frequently
than once every one hour and meet the requirements of this Division 18, or they are
signs that only display a change in time and /or temperature no more frequently than
once every minute, as necessary to correctly reflect accurate information and not be
misleading.
2. Existing and legally nonconforming message signs:
hours, including onsite signs at gasoline price signs that meet the
requirements of this Division 18; or
F. Reserved.
three hours.
frequently than once every 15 seconds.
G. Pavement markings, except street addresses.
H. Portable signs.
I. Roof and above roof signs.
J. Sidewalk signs, except as provided herein.
-19-
K. Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
L. Signs in or upon any river, bay, lake, or other body of water.
M. Permanent Signs located on publicly -owned land or easements or inside street rights -of-
way_, except (a) as allowed in Section 3 1806.S., (b) signs on transit shelters erected
:!
,igns to the extent permitted in Section 3 1806.U. or Section 3 1807.B.1., (d) as
.
..
Prohibited signs shall include but shall not be limited to handbills, posters,
advertisements, or notices that arc attached in any way upon lampposts, telephone
poles, utility poles, bridges, and sidewalks. This prohibition does not apply to
government signs or transit shelter signage authorized by law.
N. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
0. Signs that have unshielded illuminating devices or which reflect lighting onto public
rights -of -way thereby creating a potential traffic or pedestrian hazard.
P. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to
display motion in any way whatsoever, including animated signs, multi -prism signs, tri-
vision signs, floodlights and beacon lights (except when beacon lights are required by
the Federal Aviation Agency or other governmental agency for a public purpose
involving public safety), unless otherwise expressly allowed by another provision
within this Division 18.
Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control
device sign or official traffic signal.
R. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct
visibility.
S. Signs attached to or placed on any tree or other vegetation.
T. 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.
U. Snipe signs.
V. Three- dimensional objects that are used as signs.
W. Vehicle signs, and portable trailer signs.
X. Any permanent sign that is not specifically described or enumerated as permitted within
the specific zoning district classifications in this Community Development Code.
Q.
Section 3 1805. General standards.
A. Setback. No sign shall be located within five feet of a property line of a parcel proposed for
B. Ncon signs and lighting. Neon signs and lighting shall be permitted as freestanding and
attached signage as provided in this Division 18. When neon lighting is utilized to
shall not be regarded as signage provided such lighting does not change in intensity,
to which the lighting is attached shall bc permitted, but shall be counted toward the
allowable area of the property's or occupancy's freestanding or attached signage, as
applicable.
C. Illuminated signs.
which have a changing light intcnsity, brightness, color, or direction or as otherwise
prohibited by Section 3 1804.
/I. Neither the direct nor the reflectcd light from primary light sources shall create a traffic
5. The light which illuminates a sign shall be shaded, shielded, or directed so that no
be construed so as to prohibit an awning with signage from being externally
D. Banners and flags. A banner or flag may be used as a permitted freestanding or attached
E. Gasoline price signs. Gasoline price display signs shall bc allowed in all non residential
allowable arca for the freestanding sign. A gasoline price display sign may be changed
F. Awnings. Awnings may be allowed a graphic element in addition to the permitted attached
which the graphic is placed or 16 square feet, whichever is less. If a graphic clement is
placed on an awning valance, such graphic cicmcnt shall bc limited to 25 percent of the
valance surface. If text and a graphic cicmcnt are proposed on an awning, such text and
-21-
graphic element shall be governed by the attached signs provisions set forth in Section 3
.,
G. Building and electrical code compliance. All signs shall comply with applicable building
I. Substitution of noncommercial speech for commercial speech. Notwithstanding anything
to the provisions of this Division 18 or this Community Development Code with a
have been satisfied.
Section 3 -1805. — General provisions for signs.
A. Building Code and Electrical Code Compliance. All signs shall comply with applicable
building and electrical code requirements.
B. Viewpoint Neutrality.
Notwithstanding any other provision of this Community Development Code, no sign shall
be subject to any limitation based upon the viewpoint of the message contained on such sign
or displayed on such sign structure.
C. Substitution of Noncommercial Speech for Commercial Speech.
Notwithstanding anything contained in this Community Development Code to the contrary,
any sign erected pursuant to the provisions of this Division 18 or this Community
Development Code with a commercial message may, at the option of the owner, contain a
noncommercial message in lieu of a commercial message and the noncommercial copy may
be substituted at any time in place of the commercial copy. The noncommercial message
(copy) may occupy the entire sign face or any portion thereof. The sign face may be changed
from a commercial message to a noncommercial message, or from one noncommercial
message to another, provided that the sign is not a prohibited sign or sign -type, provided that
the manner or frequency of the change does not violate restrictions on electronic or
illuminated signs, and provided that the size, height, setback and other dimensional criteria
contained in this Division 18 and the Community Development Code have been satisfied.
This provision does not permit design changes for a sign previously approved under the
Comprehensive Sign Program.
D. Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags.
1. Flagpoles and Flags. For each parcel and development site in residential use with one
principal structure one flagpole may be installed and to two 2Lgs may be played
per flagpole. For each parcel and development site that is one -half (1/2) acre or less in size
and is in residential use with more than one principal structure or nonresidential use, one
flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each
parcel and development site that is over one -half (1/2) acre in size and is in residential use
with more than one principal structure or in nonresidential use, up to three flagpoles may be
installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed
twenty -four (24) square feet in size.
2. Flag Brackets, Flag Stanchions, and Flags. For each principal structure on a parcel, up to
two flag brackets or stanchions may be attached or placed for the display of flags. A flag
displayed from a flag bracket or a flag stanchion shall not exceed twenty -four (24) square
feet in size.
3. For the purpose of determining the size of a flag, only one side of the flag shall be
counted as the display surface.
4. Flags may be externally illuminated.
5. Flagpoles shall not exceed thirty -five (35) feet in height.
E. Setback.
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No sign shall be located within five (5) feet of a property line. Flexibility may be approved
by the Community Development Coordinator if the setback cannot be met due to site
constraints such as shape irregularities and /or the presence of natural features, existing
utilities or easements, making complying with the setback requirement impractical or
infeasible and provided sight visibility will not be negatively impacted at intersections or
driveways.
F. Neon and LED Lighting; Neon and LED Signs.
1. Neon and LED lighting shall not be regarded as signage when it is only used to
emphasize the architectural features of a building, such as outlining doorways, windows,
facades, or architectural detailing, or accentuating site landscaping, provided that the neon
lighting does not change in intensity, brightness or color or direction.
2. Neon and LED signs may be permitted as freestanding and attached signage as provided
in this Division 18.
G. Illuminated Signs; Brightness.
1. Light from any illuminated sign shall be shaded, shielded, or directed away from
adjoining street rights -of -way and properties. Light which illuminates a sign shall be shaded,
shielded, or directed so that no structure, including sign supports, are illuminated by such
lighting to the extent possible; however, the foregoing shall not be construed so as to
prohibit an awning with signage from being externally illuminated.
2. No sign shall have blinking, flashing, or fluttering lights or other illumination devices
which have a changing light intensity, brightness, color, or direction or as otherwise
prohibited by Section 3 -1804. 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. Neither the direct
nor the reflected light from primary light sources shall create a traffic hazard to operators of
motor vehicles on public thoroughfares.
3. All self - luminous signs are subject to brightness levels consisting of surface luminosity
limits, both during the daytime and nighttime hours. During the daytime (after sunrise and
before sunset), the maximum limit of luminosity shall be one thousand (1,000) nits, or 1000
cd/m2. During the nighttime hours (after sunset and before sunrise), there shall be a
maximum limit of luminosity of one hundred fifty (150) nits, or 150 cd/m2.
H. Awnings.
Awnings may be allowed a graphic element in addition to the permitted attached sign area
provided such graphic does not exceed twenty -five percent (25 %) of the awning surface area
on which the graphic is placed or sixteen (16) square feet, whichever is less. If a graphic
element is placed on an awning valance, such graphic element shall be limited to twenty -five
percent (25 %) of the valance surface. If text and a graphic element are proposed on an
awning, such text and graphic element shall be governed by the provisions for attached signs
set forth in Section 3- 1807.B.3. This provision does not apply to back -lit awnings.
I. Reserved.
J. Menu Signs at Drive - Through Lanes.
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Attached menu signs of no more than six (6) square feet of total sign face area located at the
entrance or service window of a restaurant. One freestanding drive - through sign no more
than twenty -four (24) square feet in total sign face area and six (6) feet in height oriented
toward the vehicles utilizing drive- through service for the purpose of placing an order or
picking up an order at a service window. Notwithstanding the foregoing, these signs may be
subject to the Comprehensive Sign Program.
K. Street Address Signs.
1. One street address sign of no more than two (2) square feet of total sign face area for each
parcel of land used for residential purposes. This is a required sign for each parcel of land
used for residential purposes.
2. One street address sign of no more than one (1) square foot for each number contained in
the property address for each parcel of land used for non - residential purposes. This is a
required sign for each parcel of land used for non - residential purposes.
3. The square footage for the street address sign shall be allowed in addition to the total
square signage footage allowed in Section 3 -1807.
L. Onsite Tragic Control Signs.
Onsite traffic control signs of no more than four (4) square feet of sign face area provided
that non - traffic control symbols do not exceed twenty -five percent (25 %) of the sign face
area.
M. Parking Space Signs.
Signs identifying parking space numbers provided that such signs are painted on the paved
surface of each space or do not exceed one -half (1/2) square foot of sign face area per sign.
N. Marina Signs.
1. Signs at a marina for slip numbers provided that such signs are painted on the dock in
front of each slip or do not exceed one (1) square feet of sign face area per sign. Each
individual charter /commercial vessel slip located at a commercial marina may have one sign
placed in the vicinity of the slip that does not exceed six (6) square feet in total sign face
area, and one additional sign of not more than eight (8) square feet in total sign face area
placed in the vicinity of the slip. No sign permit is required.
2. Unless otherwise approved by the community development coordinator, two signs, not to
exceed six (6) square feet in total sign face area and not to exceed six (6) feet in height may
be displayed at any marina in coordination with the city for way finding and shall be
considered a government sign. The community development coordinator may approve
additional signs as necessary for pedestrian and vehicular traffic based on the following
criteria: overall size of marina, number of pedestrian and vehicular access points, visibility
of the site, intended and existing traffic circulation and consistency with Beach by Design,
Clearwater Downtown Redevelopment Plan or any other applicable special area plan.
O. Window Signs.
Window signs may be located on any window area provided such sign or combination of
signs does not exceed 25 percent of the total window area on any facade. All signs located
inside an enclosed area for purposes of advertising shall be construed to be window signs. In
-25-
no case shall the cumulative area of all window signs on any facade exceed 50 square feet.
No sign permit is required.
P. Safety and Warning Signs.
Safety or warning signs which do not exceed six (6) square feet of total sign face area per
sign are allowed on any parcel. No sign permit is required.
Q. Maintenance of Sign Location and Sign.
1. Weeds and grass shall be kept cut in front of, behind, underneath, and from around the
base of the sign for a minimum distance of ten (10) feet from the sign base, and there shall
be no rubbish or debris within ten (10) feet of the sign base or underneath the sign.
2. A sign shall be maintained in a state of good repair.
the principal permitted use of the site or adjoining sites
Section 3 1802.J.], (3) the
is made for such signs. Such a decision shall be deemed an administrative
to the community development board pursuant to Section 4 501.A of this
F. Temporary construction signs. One temporary construction sign located on a parcel
picirpeses7
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed six
feet in height.
G. For flags displayed on a flag pole not exceeding 35 feet in height or an attached
H. Temporary garage yard salt signs. One temporary garage yard sale sign of no more
or yard sale is to be conductcd only on the date or dates on which the garage or yard
sale is conductcd. In addition, no more than two directional signs of no more than six
garage or yard sale is to be conducted only on the date or dates on which the garage or
shall not exceed four feet in height.
the entrance or service window of a restaurant. One freestanding drive through sign no
more than 24 square feet in total sign face area and six feet in height oriented toward the
up an order at a service window.
-28-
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person adversely affected has the right to appeal the decision to the community
-
the sign meets the following criteria:
1. The sign provides directions and/or information regarding public facilities and/or
2. The sign will meet the purposes of Division 18 to wit: (a) thc sign will not conceal
conflict with adjoining sites, (c) the sign will not interfere with or obstruct the
vision of motorists, bicyclists or pedestrians, (d) the sign will be installed and
maintained in a safe manner [Section 3 1802.L.], (e) the sign is consistent with
Beach by Design, Clearwater Downtown Redevelopment Plan or any other
•
consistent with the general standards in Section 3 1805. The city manager or
designee shall render a decision within 15 days after an application is made for
U. Signs during public construction projects. The following signage shall be allowed in
conjunction with public construction projects that are scheduled to last 180 days or
r,
to the public construction project, and parcels with multiple businesses shall
b. Sidewalk signs permittcd under this section shall be allowed to be displayed
for the duration of the public construction project starting with project
commencement and shall be removed within seven days after the final
c. The size of any sidewalk sign shall not exceed eight square feet in total sign
face arca, and shall not exceed four feet in height.
d. Sidewalk signs permitted under this section shall be constructed in a
professional and workmanlike manner from treated wood or othcr durable
c. No sidewalk sign, permitted as part of this section shall be permanently
erected, and shall only be displayed during hours of operation for thc business
b
-31-
b. Temporary wayfinding signs shall not exceed eight square feet in area and
twelve feet in height.
c. The number and location of temporary wayfinding signs shall be determined
d. The owner(s) of a parcel of land, shopping center including all outparcels, or
c. Tcmporary wayfinding signs shall not conccl or obstruct adjacent land uses or
signs, shall not interfere with or obstruct the vision of motorists, bicyclists or
i G�t ==R==s
f. The city shall design, fabricate, install and remove all temporary wayfinding
city for those costs. Such signs shall be installed and maintained in a safe
a program provider or information concerning programs at such park or recreation
department.
1. Adopt a park signs may be erected in city rights of way or on city owned property.
be located, in a landscaped sctting. Adopt a park signs shall be selected from the
operations, provided the sign design conforms with one of the city prescribed
designs maintained by the parks and recreation department. The community
-32-
M
M
Section 3 -1806. — Temporary signs.
A. Within its zoning districts and subject to any applicable provisions with Section 3 -1806,
general provisions for signs, the city shall allow temporary signs that meet the criteria and
limitations set forth in Table 3- 1806.1a and Table 3- 1806.1b, shown below.
B. A temporary sign displayed on a window surface must be displayed on the inside of the
window surface, shall cover no more than twenty -five (25 %) of the aggregate window surface
area, and shall not be illuminated. This temporary sign allowance shall be reduced by any
window surface area already covered by signage allowed in Section 3- 1805.0.
TABLE 3- 1806.1a. CRITERIA AND LIMITATIONS FOR
SIDEWALK SIGNS
Location
In front of primary retail and restaurants within the
linear footage of the storefront. Also in the immediate
vicinity of parking garages /lots and valet stands. 1
Maximum Number of Signs
1 per business
Maximum Width
2 feet
Maximum Height
3 -1/2 feet
Maximum Distance from Building Wall (as measured
2 feet, except 5 feet in the Cleveland Street Cafe
at the nearest point of sidewalk sign)
District in the Downtown zoning District and 2 feet
from the entryway of a parking garage /lot and valet
stands.
Maximum Width of Public Sidewalk that the Sign
4 foot clear path on the sidewalk shall be maintained
May Obstruct
Duration Allowed
Only during hours while business or valet service is
operating
Allowed on Public Property and Right -of -Way
Yes
Allowed in a Sight Visibility Triangle
No
Design Criteria
Restricted2
Permit Required
Yes3
1 Properties adjacent to a public construction project scheduled to last 180 days may also erect sidewalk signs in
compliance with the following:
a. No more than two sidewalk signs per parcels.
b. Parcels with multiple businesses shall coordinate copy on the signs.
c. Sign size is limited to 4 feet in height and 8 square feet in area.
d. Signs must be constructed in a professional and workmanlike manner from treated wood or other durable
material. Sign copy shall not be spray painted onto the signs.
e. No sidewalk sign shall block any public right -of -way, shall maintain a 4 foot clear path and shall not be located
within the visibility triangle of intersections or driveways.
f. Sidewalk signs shall be removed within 7 days after City's final acceptance of the improvements or completion
of the public project.
2 Design Criteria
a. All sidewalk sign frames shall:
i. be made of durable wood, plastic, or metal only and shall present a finished appearance, and the
color of such frames shall be limited to metallic silver /grey, black, white or stained wood.
ii. support only black or green colored chalk boards, black, wet marker boards or professional design
advertisement/posters made of durable material with clear, non -glare protective covering.
b. Sidewalk signs shall not be illuminated or incorporate fluorescent colors.
c. Sidewalk signs shall not be attached to any structure, pole, object, building, or other sign or contain moving
parts or have balloons, streamers, pennants or similar adornment attached.
d. Only wind signs may be allowed to have wheels.
e. Flexibility with regard to sign style and size may be considered, provided the sign is designed as part of the
architectural theme of the property and/or use using similar and coordinated design features, materials, and
colors.
3Permit Information
a. A permit shall be obtained on a yearly basis.
b. A sketch, photo or drawing of the proposed sidewalk sign, along with the required fee, shall be submitted and
approved prior to the placement of the sidewalk sign.
c. If proposed to be placed in a public right -of -way, evidence of general liability insurance in the amount of
$1,000,000 in a form acceptable to the city with the city named as additional insured shall also be provided.
-35-
TABLE 3- 1806.Ib. CRITERIA AND LIMITATIONS FOR
ALL OTHER TEMPORARY SIGNS IN ALL ZONING DISTRICTS
CRITERIA
Residential
Non - Residential Zoning
Zoning
Districts
Districts
Maximum Number of Temporary Signs Per Parcel 1
8
4
Maximum Sign Size (Area) for a Temporary Sign 2
4 sf.
16 sf.
Maximum Sign Height for a Temporary Freestanding Sign3
6 ft.
6 ft.
Maximum Sign Height for a Temporary Attached Sign (inclusive of a
15 ft.
15 ft.
Window Sign)
Minimum Sign Setback required to be maintained by a Temporary
5 ft.
5 ft.
Freestanding Sign from any property line4
Minimum Sign Setback required to be maintained by a Temporary
5 ft.
5 ft.
Freestanding Sign from the edge of any paved street or road
Minimum Radial Spacing that is required to be maintained by a
15 ft.
15 ft.
Temporary Freestanding Sign from any other Temporary Freestanding
Signs
Maximum Aggregate Surface Area Allocated for All Temporary Signs on
64 sf.
128 sf.
a Parcel6
Whether Temporary Sign is Allowed on Public Property or Public Right-
No
No
of -Way
Whether Temporary Sign is Allowed within a Sight Visibility Triangle
No
No
Whether Direct Illumination of Surface of a Temporary Sign is Allowed
No
No
Whether Fluorescent Color on a Temporary Sign is Allowed
No
No
Duration Allowed After Event Ends
3 calendar
3 calendar days
days
1 The number of temporary commercial signs per parcel shall be no more than two (2) signs; however, no more than
one temporary commercial sign per parcel may be a banner sign and a temporary commercial banner sign is limited
to a maximum duration of display of no more than thirty (30) days per calendar year per parcel.
2 The square footage limitation is per side for a back -to -back sign. For example, a four (4) square foot limitation
means that there is a limit of four (4) square feet of surface area per side of a back -to -back sign, and an aggregate
limit of eight (8) square feet is allowed if the sign is a back -to -back temporary sign.
3 Not applicable to signs displayed on flagpoles.
4 Minimum sign setbacks do not apply to attached signs. Except as set forth in Section 3 -1806 for Sidewalk Signs
as allowed herein and for Valet Stands as allowed herein, All Temporary Signs are prohibited on public property
and from public rights -of -way.
5 Not applicable to signs displayed on flagpoles.
6 There is no limit to the number of separate messages that may appear on the allowable surface(s) of any
Temporary Sign. The maximum aggregate surface area allowed is subject to circumstances that may reduce the
maximum aggregate surface area allowable on some parcels.
-36-
Section 3 -1807. - Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning districts:
* **
b. Such sign(s) shall be erected on privately -owned property. In the event there is
insufficient land owned by a single - family subdivision association or multi - family
development developed prior to March 8, 1999, however, the community
development coordinator, . . partment, and public works
administratien may approve the location of such sign in a city right -of -way or on
city -owned property provided that such signs are in compliance with Section 3-
1807.A.1.a. above and will not obstruct the vision of motorists, bicyclists or
pedestrians, be installed and maintained in safe and neat manner, will not conflict
with the principal permitted use of the site or adjoining sites; and that a city right -
of -way permit be obtained prior to the installation.
* * *
B. Non - residential. All signs must be architecturally integrated into the design of the building
and/or site using similar and coordinated design and style features, materials and colors.
Attached signs shall be horizontally and vertically proportionately located on each facade
with no protrusions above roof lines, over windows, trim, cornices, or other building
features. Signs for new shopping centers with three or more tenants, including all out
parcels, office parks or any master plan development shall be reviewed and approved
through the Comprehensive Sign Program set forth in Section 3 -1808.
* * *
s dewaik
b. Location.
i. Sidewalk signs shall be placed on the sidewalk in front of the business erecting
ii. The nearest point of the sidewalk sign shall be no more than two feet from the
building wall. However, in the Cleveland Street Cafe District in the Downtown
times.
iv. Sidewalk signs shall not impede ingress or egress to or from a business
-37-
c. Design criteria.
black or green chalkboards, black wet markers boards or professionally
silver /grey, black, white or be a stained wood. Flexibility with regard to this
ted by the community development coordinator in
•
copy), acrylic /plastic panels, hand painted and spray painted copy, tri folded
signs, signs supported by two or more legs that extend three inches or more
beyond the face of the sign, bases with hinged feet that fold flat and other
iii. Sidewalk signs shall not be illuminated nor contain moving parts or have
and the required fee shall be submitted and approved prior to the placement of a
insured. A permit shall only authorize the sign submitted along with the permit
application. Any changes to the approved sign will require the business owner to
e
c. Removal by the city. The city shall have the authority to secure, remove or relocate
any sidewalk sign located in the public right of way if necessary in the interest of
45. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance
with Article 3 Division 22 of this Community Development Code, subject to the
following restrictions:
a. The advertising contained in the transit shelter shall be limited to the "downstream"
end wall (furthest from approaching transit vehicles) for a two -sided or flared and
secured panel.
b. Lighting of advertising materials shall be limited to back - lighting.
-38-
c. No advertising poster shall exceed 24 square feet in area, or be greater than six feet
in height and four feet in width.
d. The total number of transit shelters containing advertising shall not exceed 50
within the Clearwater planning area provided in the interlocal agreement between
the city and county in effect as of January 14, 1992.
56. Certain changeable message and copy signs.
a. Electronic changeable message signs shall be permitted for venues or facilities that
seat 2,000 or more people, fuel price signs, menu signs, schools and places of
worship provided: (a) the electronic changeable messages are part of a freestanding
sign; (b) the electronic message area shall be limited to no more than forty percent
(40 %) of the overall permitted freestanding sign face area, shall be located on the
lower portion of the sign face and shall be contiguous to the other copy area of the
sign face; (c) electronic message signs shall be architecturally integrated to the
design of the freestanding sign face and (d) shall be consistent with the width and
depth of the sign cabinet. The general message for electronic changeable message
signs at schools, places of worship, venues /facilities that seat 2,000 or more people
or on fuel price and menu signs may change no more frequently than once every
ten minutes.
ab. Electronic changeable message signs shall be permitted for a facility or venue that
has seating for mefe- than2,000 or more people must also meet these additional
criteria: (a) it is located on public property that exceeds 35 acres, a(b) it serves a
significant public purpose directly related to the facility or venue, and (c) the sign
type will meet the following purposes of this Division 18, to wit: (1) the sign will
not conceal or obstruct adjacent land uses or signs [Section 3- 1802.F. }, (2) the sign
will not conflict with the principal permitted use of the site or adjoining sites
[Section 3- 1802.J.), (3) the sign will not interfere with or obstruct the vision of
motorists, bicyclists or pedestrians [Section 3- 1802.K.], and (4) the sign will be
installed and maintained in a safe manner [Section 3- 1802.L4 Consistent with the
general standards in Section 3 -1805, the approval or disapproval by the City shall
not be based on the content of the message contained (i.e., the viewpoint expressed)
on such sign.
bc. Any sign may include an area for manually changeable copy provided the sign
meets all of the area and design requirements set forth in Division 18, including but
not limited to any and all criteria that limits sign area by percentage or any
requirement that requires any color coordination or other such design criteria.
67. Nonconforming uses. Any nonconforming use, which would be entitled to a sign if it
were conforming, shall be permitted to erect the maximum amount of allowable signage
in the district in which the use is located.
C. On premise signs ' and on school grounds. In any public park or on On any
school grounds in any zoning district, the following signs are permitted.
1. One freestanding entry sign for each major entry into a school or a park of not more
than 244 50 square feet in total sign face area
2. The height of the sign shall not exceed six 14 feet.
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3. A freestanding sign shall be installed in a landscaped area consisting of shrubs and/or
ground cover not less than three feet in width around the entire base of the sign and
shall include the address of the property on which the sign is to be located.
END