Article 8
Signage

CHAPTER A     GENERAL

Section 1   General

      A.   Purpose and Intent

The purpose of this Section is to establish standards for the placement and use of signs and other advertising consistent with State of Florida and Federal law. These standards are designed to protect the health and safety of PBC and to assist in the promotion of tourism, business and industry. More specifically, this Section is intended to:

1.   Identification

Promote and aid in the identification, location, and advertisement of goods and services, and the use of signs for free speech;

2.   Aesthetics

Preserve the beauty and the unique character of PBC, protect PBC from visual blight, and provide a pleasing environmental setting and community appearance which is deemed vital to the continued economic development of PBC;

3.   Land Values

Protect property values by assuring compatibility with surrounding land uses;

4.   Safety

Promote general safety and protect the general public from damage or injury caused by, or partially attributed to, the distractions, hazards, and obstructions that result from improperly designed or located signs; and

5.   Compatibility

Make signs compatible with the overall design objectives of the Plan and the Managed Growth Tier System (MGTS); ensure signs are compatible with the character of adjacent architecture and neighborhoods, and to provide the essential identity of, and direction to, facilities in the community.

      B.   General Design Principles

The following principles are general design guidelines that should be considered in the design of all signs. Signs which enhance a project are encouraged, and signs should make a positive contribution to the aesthetic appearance of the street or commercial area where they are located.

1.   Visibility

A sign shall be conspicuous and readily distinguished from its surroundings.

2.   Legibility

The size and proportion of the elements of the sign's message, including logos, letters, icons and other graphic images, shall be selected based on the average distance and average travel speed of the viewer. Sign messages oriented towards pedestrians may be smaller than those oriented towards automobile drivers. Colors chosen for the sign text and/or graphics shall have sufficient contrast with the sign background in order to be easily read during both day and night hours.

3.   Readability

A sign message should be easily recognized and designed in a clear, unambiguous and concise manner, so that a viewer can understand or make sense of what appears on the sign. Excessive use of large areas of several colors can create competition for the eye and significantly reduce readability.

4.   Architectural Compatibility

A sign (including its supporting structure, if any) shall be designed as an integral design element of a building’s architecture, and shall be architecturally compatible, including color and scale, with any building to which the sign is to be attached and with surrounding structures. A sign which covers a window, or which spills over "natural" boundaries or architectural features and obliterates parts of upper floor of buildings is detrimental to visual order and may not be permitted.

5.   Consistency with Area Character

A sign should be consistent with distinct area or district characteristics and incorporate common design elements such as sign materials or themes. In Traditional Development Districts (TDD’S) projecting signs are encouraged and should be located and sized to be viewed by people on foot. Where signs are located in close proximity with a residential area, the sign should be designed and located so they have little or no impact on adjacent residential neighborhoods.

 

      C.   Applicability

The provisions of this Section shall apply to all signs in unincorporated PBC, unless exempt by Art. 8.B, EXEMPTIONS .

1.   Nonconforming Signs

Previously permitted signs that do not meet the current standards of this Code are nonconforming structures, subject to Art. 1.F.3, Nonconforming Structure. A nonconforming sign may not be enlarged, structurally altered, or moved unless the entire sign is brought into compliance with this Section. A sign face on a nonconforming sign may be replaced but not enlarged.

2.   Billboards and Off-Site Signs

There shall continue to be a prohibition on billboards and similar off-site signs, however, this prohibition does not restrict the repair, maintenance, relocation, or replacement of billboards constructed consistent with applicable codes and permit procedures prior to November 15, 1988, and included within the billboard stipulated settlement agreement and billboard survey (approved February 6, 1996). The stipulated settlement agreement referred to herein shall be the primary source of information for implementing the intent and purpose of the regulations governing billboards and similar off-site signs.

3.   Conflict with Graphics and Other Provisions

Where there is a conflict between the text and a graphic in this Section, the more restrictive provision shall prevail. Where other sign or outdoor advertising regulations are in effect and are more restrictive than the provisions of this Section, the more restrictive provisions shall prevail.

Section 2   Definitions

See Art. 1.I, Definitions and Acronyms.

CHAPTER B     EXEMPTIONS

The following signs or murals shall comply with the following requirements, but shall be exempt from the review and approval process of this Code, and may be constructed or attached without a Building permit, except as prohibited in Art. 8.C., Prohibitions. An electrical permit shall still be required for signs using electrical service.  [Ord. 2005 - 002] [Ord. 2006-036] [Ord. 2018-002]

Section 1         Change of Ownership Signs

A temporary attachment or covering of wood, plastic, or canvas over a permanent sign may be displayed no longer than 30 days following the change of ownership or activity for which the sign is intended, or up to 90 days following issuance of a building permit. The sign shall be no larger than the previously permitted permanent sign.  [Ord. 2006-036] [Ord. 2018-002]

Section 2         Small Signs

Small signs shall include but not be limited to the following types of temporary or permanent signage: equipment; real estate sale or rental; freedom of speech; campaign, provided they are removed within ten days after the election date; public warning; official government; and commemorative plaques.  Sign location shall comply with the provisions indicated in Art. 8.F.1 – Minimum Setbacks.  The size and height of the signs shall comply with the following: [Ord. 2008-003] [Ord. 2018- 002]

 

      A.   Signs located on residential parcels five acres or less in size shall not exceed eight square feet of sign face area and eight feet in height. [Ord. 2008-003] [Ord. 2018-002]

      B.   Signs located on any non-residential parcel and residential parcels greater than five acres in size shall not exceed 32 square feet of sign face area and ten feet in height. [Ord. 2006-036] [Ord. 2008-003] [Ord. 2018-002]

Section 3         Transportation-Related Signs

Signs on public transportation vehicles regulated or licensed by federal, state, PBC or municipal officials or organizations, including public buses and taxicabs; and all off-premises signs incorporated into PBC owned, controlled, or operated bench, bus shelter, or waste receptacle attached to a bench or shelter, pursuant to the PBC contract dated August 22, 1989, as may be amended.

Section 4         Window Signs

Window signs not exceeding 20 percent coverage of each glass window or glass door to which the sign is attached. Any sign either hung within two feet of a window or attached to a display located within two feet of a window is considered a window sign.

 

 

Section 5         Ground Mounted Signs Damaged during Natural Disaster

In the event of a natural disaster, which destroys or damages legally permitted ground-mounted signs, a temporary sign may be erected or an existing sign modified subject to the following limitations and requirements: [Ord. 2006-036]

      A.   Temporary Sign Certificate

A temporary sign certificate shall be issued by the Building Division in conjunction with a complete building permit application for the replacement of the damaged sign.  This certificate will allow a temporary sign, as stated above, for a period no more than six months from the date of issuance.  A copy of the temporary sign certificate shall be provided to Code Enforcement. [Ord. 2006-036]

      B.   Damaged Sign Face

A temporary attachment or covering of plastic, or canvas may be installed over an existing sign, which was damaged during a natural disaster.  The attachment shall be no larger than the previous legally permitted permanent sign. [Ord. 2006-036]

      C.   Damaged Structure

A temporary sign may be installed, in place of a previously permitted sign, not more than 32 square feet in sign face area and not more than five feet in height.   The temporary sign shall meet the minimum setback requirements, as stated in this Article or any conditions of approval, whichever is more restrictive. [Ord. 2006-036]

Section 6         Murals

Unless otherwise specified, Murals approved in accordance with Art. 5,I, Murals , shall be exempt from all other standards of Art. 8, Signage.   [Ord. 2013-021]

CHAPTER C     PROHIBITIONS

The following prohibitions apply to all signs and structures, notwithstanding the provisions in Art. 8.B, EXEMPTIONS:

Section 1         Banners, Streamers, Pennants, or Inflatable Signs

Banners, streamers, pennants, inflatable signs, and other signs made of lightweight fabric, plastic or similar material unless stated otherwise in this Article.  [Ord. 2007-001] [Ord. 2007-013] [Ord. 2008-003] [Ord. 2018-002]

Section 2         Emissions

Signs that produce noise or sounds capable of being heard, excluding voice units at drive-thrus, and signs that emit visible smoke, vapor, particles, or odor.

Section 3         Movement

Signs with visible moving, revolving, or rotating parts, caused by forced air, mechanical equipment, or by any other means. [Ord. 2018-002]

Section 4         Mobile Signs

Any sign not permanently attached to a wall or the ground or any other approved supporting structure, or a sign designed to be transported, such as signs transported by wheels, mobile billboards, “A-frame” or sandwich type, sidewalk or curb signs, blank copy signs, and unanchored signs, except where otherwise stated in this Article.  [Ord. 2008-003]

 

Section 5         Motion Picture or Video

Motion picture and video mechanisms used in such a manner as to permit or allow images to be visible from any street.

Section 6         Obscenities

Signs that depict, describe, or relate to “specified sexual activities” or “specified anatomical areas” as defined in Art. 4.B.2.C.1, Adult Entertainment . [Ord. 2018-002]

Section 7         Obstruction of Fire Fighting Equipment

Signs erected, constructed, or maintained so as to obstruct any fire fighting equipment; unless approved by the Fire Marshall.

Section 8         Obstructions to Driver Visibility

Signs in corner clips and safe sight distance in accordance with PBC standards that do not meet the visibility requirements in accordance with PBC standards. [Ord. 2018-002]

 

Section 9         Roof Signs

Signs erected above the roofline or parapet, and signs on rooftop structures, such as penthouse walls or mechanical enclosures. Signs on a sloped roof, a mansard roof or a parapet located a minimum of six inches below the roof deck or top of the parapet are allowed, subject to the standards for building mounted signs in Art. 8.G.1, Building Mounted Signs.

 

Section 10        Signs Creating Traffic Hazards

Signs that may be confused with any authorized traffic sign, signal, or device; or which makes use of the words "stop," "look," “danger," or any other word, phrase, symbol, or character that interferes with, misleads, or confuses vehicular drivers.

Section 11        Signs On Public Bus Shelters

Any sign placed upon a bench, bus shelter or any waste receptacle attached to a bench or shelter, except as exempted by Art. 8.B.3, Transportation-Related Signs, and authorized by PBC or approved by Palm Tran. [Ord. 2018-002]

Section 12        Signs On Water Vessels

Any nonexempt sign painted on or attached to a vessel, for the purpose of displaying advertisements, which is docked or anchored in the coastal waterways of PBC. This restriction does not apply to vessels passing through PBC on the Intracoastal Waterway.  [Ord. 2006-036]

Section 13        Snipe Signs

All off-site signs, tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, trailers, or other supporting structures, except where otherwise stated for in this Article.

Section 14        Vehicle Displays

Unless there is only one row of parking between a building and the street, motor vehicles with business names, business addresses, telephone numbers, contractor certification numbers, logos and similar information painted or embossed on vehicle surfaces shall not park or be stored in the row of parking or any area within 25 feet of the front property line longer than four hours in a 24-hour period. This prohibition does not apply to vehicles with advertising, where the vehicles are making deliveries to that business (e.g. U.S. Postal Service, UPS, Federal Express, DHL, Airborne, etc.) or vehicles used in conjunction with a special promotion with a valid permit, vehicles with advertising signs with letters less than eight inches in heights and eight square feet in area, public transportation vehicles, and vehicles in industrial zones parked in vehicle use area.

CHAPTER D     TEMPORARY SIGNS

Signs that are intended to be used for a specific purpose for a limited time, may be permitted as set forth in this Chapter.  These signs may be in ground or building mounted, banner or balloon form.  Temporary signs may be sought for those Uses pursuant to Art. 4.B.11, Temporary Uses.  Other temporary signs may be allowed subject to the requirements in Table 8.D.2 – Temporary Sign Standards.  [Ord. 2018-002]

Section 1         Approval

Temporary signs shall be approved through the ZAR process, or in the alternative, may be approved as part of a Master Sign Plan or an Alternative Sign Plan pursuant to Art. 8.E.3 or Art. 8.E.4 of this Article as appropriate. [Ord. 2018-002]

Section 2         Signs Sought in Conjunction with Temporary Uses, and Other Temporary Signs

All temporary signs shall be permitted subject to the following Table.  Additional regulations specific to residential development signs, non-residential development signs, and balloons area shall also be applied. [Ord. 2018-002]

 

Table 8.D.2 – Temporary Sign Standards
		Residential Properties  5 Acres or less in size	Non-Residential and Residential Properties Greater than 5 Acres
Number of Signs per event or occurrence		One(1)	One for every 5 acres or fraction thereof (1)
Frequency		No  more than 3 times during any 12 consecutive calendar months
Duration (2)		30 calendar days prior to the event or occurrence Maximum of  60 calendar days in total
Removal (3)		No later than ten days after the event or occurrence
Maximum Area		8 square feet	32 square feet
Maximum Height		5 feet	10 feet
Minimum Setback		Pursuant to Art.8.F.1 – Minimum Setbacks
[Ord. 2018-
Notes:
1.	Temporary signs shall not be illuminated. [Ord. 2018-002]
2.	In no event shall signs installed in conjunction with a Temporary Use exceed the time limitations allowed pursuant to Art. 4.B.11.C  [Ord. 2018-002]
3.	All temporary signs not removed within the time limit shall be removed subject to the provisions of Art. 8.I.4, Removal of Signs in Violation   [Ord. 2018-002]

 

      A.   Residential Development

A maximum of two temporary residential development signs shall be permitted per frontage for up to three years or until 95 percent of the development has received a CO, whichever occurs later.  An additional sign shall be permitted for each 660 feet of frontage in excess of 1,320 feet.  [Ord. 2008-037] [Ord. 2018- 002]

      B.   Non-Residential Development

For projects with DRO approval, no more than one temporary development sign shall be permitted, per frontage, for up to two years or until the development has received a CO. [Ord. 2018-002]

      C.   Balloon

Balloon signs are allowed in the CG, PO, CRE, IL, IG or PDD zoning districts, subject to the standards listed in the Table below. Only cold air shall be used in the balloon. Balloons shall not be located within any required vehicular use area. [Ord. 2018-002]

 

 

1.   Permit Requirements

The following information shall be provided to the Zoning Division with the application when applying for a temporary sign. No project shall be issued more than two balloon permits in any calendar year. The maximum duration of any permit shall be for ten days. There shall be a minimum of 30 days from the day the first balloon is removed before a second permit for a balloon may be issued. [Ord. 2018-002]

a.   Legal description, property control number (PCN) and address of location;

b.   Written permission of property owner or owner's designated agent;

c.   Cold air balloon installation business tax receipt; [Ord. 2007-013]

d.   Evidence of installer's liability and property damage insurance;

e.   Site plan or survey showing location of balloon and centerline of adjacent R-O-W demonstrating compliance with these regulations; and

f.    A photograph of the balloon.

2.   Prohibitions in the WCRAO

Balloon type signs are prohibited in the WCRAO. [Ord. 2006-004]

CHAPTER E     PROCEDURES FOR SIGNAGE

All signs, except signs exempted by Art. 8.B, EXEMPTIONS, shall receive a building permit prior to construction, erection, attachment or placement from PBC. Non-exempt signs not erected or repaired pursuant to a valid permit are considered illegal. No sign shall be structurally altered, enlarged, or relocated except in conformity with this Article. The repair or changing of movable parts, sign copy, display, or graphic material is not deemed an alteration.

Section 1         Required Permits and Approvals

All development requiring DRO, ZC, or BCC approvals, shall submit an approved MSP pursuant to Art. 8.E, Procedures For Signage.  [Ord. 2005 – 002]

Section 2         Required Tag

      A.   Every sign for which a building permit is required shall be plainly marked with the corresponding permit number issued for the sign. The permit number shall be marked on permanent material with a contrasting color in numbers at least one inch in height.

      B.   Tags shall be displayed on signs or at the base of the structure in a visible location.  Tags for freestanding signs must be located on the structure between one and three feet above grade. [Ord. 2005-041]

      C.   The absence of the required tag shall be evidence that the sign is in violation of this Article.

Section 3         Master Sign Program Plan

      A.   Purpose and Intent

The purpose and intent of a MSP is to provide a unified record of signs and to promote coordinated signage for all development subject to DRO, ZC, BCC approval or architectural review. MSP also may be required as a condition of approval. The MSP shall demonstrate how the intent of this Section is met in whole or in part, in regard to the following objectives:

1.   Improves the safety and welfare of the general public by minimizing distractions, hazards, and obstructions from sign design or placement;

2.   Provides for sign design or placement appropriate with the MGTS tier in which the signs are located;

3.   Incorporates sign design and placement related to architectural and landscape features on site; and

4.   Incorporates sign design, scale, and placement oriented to pedestrian traffic.

      B.   Submittals

1.   Preliminary Master Sign Plan (PMSP)

A PMSP shall be submitted to the Zoning Division at the time of initial application, and shall be subject to the same review and approval process as the development itself.  The initial PMSP shall include the total number of all proposed signs or sign types, the location of sign types on a plan and general building elevations, drawings, sketches of generic sign types, a computation of the total allowable sign area for each sign and sign type (the sign budget), the height of each sign, and the proposed location of each sign on a plan or general building elevations.  A PMSP shall also describe proposed public artwork that would be exempt from sign area calculations.  Subsequent development orders for Zoning approval or building permits, submitted following the initial approval of a development without a Final Master Sign Plan, shall only be required to submit signage information related to the affected area.   [Ord. 2009-040]

2.   Final Master Sign Plan (FMSP)

A FMSP shall be reviewed and approved, approved with conditions, or denied at Final DRO.  The specific requirements for the FMSP shall be prepared pursuant to the requirements in the Technical Manual.  In addition, the DRO shall make the following determinations: [Ord. 2009-040]

a.   The proposed signs are compatible in style and character with any building to which the sign is to be attached, any surrounding structures, and any adjoining signage on the site; [Ord. 2009-040]

b.   Future tenants will be provided adequate opportunities to construct, erect or maintain a sign for identification; and [Ord. 2009-040]

c.   Directional signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access.   [Ord. 2009-040]

      C.   Conditions of Approval

The DRO, ZC or BCC, may impose conditions necessary to carry out the intent of the MSP while still permitting each sign user opportunities for effective identification and communication.  These conditions may include reductions in the allowable number of signs, total sign face area, location of signs, and types of signs allowed.

Section 4         Alternative Sign Plan (ASP)

An applicant may demonstrate the intent of this Section provision can be exceeded, in whole or in part, through an ASP. The ASP shall be prepared in accordance with the design principles set forth below and shall clearly detail the modifications being requested from the provisions of this Section and how they enhance the design principles.

      A.   Design Principles

To qualify for consideration, an ASP shall demonstrate compliance with the following principles:

1.   Innovative use of materials and design techniques in response to unique characteristics of the specific MGTS tier and site;

2.   Placement of sign preserves or incorporates existing native vegetation;

3.   Integrates architectural features and pedestrian facilities in a manner compatible with the tier in which the development is located. In the U/S Tier and in TDD’s, this may include pedestrian-oriented signage;

4.   Consistency with approved neighborhood plans, studies, area plans or special planning or design studies; and

5.   Preservation of historic signs based on the following criteria:

a.   signs 40 years or older;

b.   signs which are particular unique in character, design, or history; or

c.   signs that are part of the historic character of a building, business, or district.

      B.   Applicability

An ASP may be submitted for any of the following:

1.   PDD’s;

2.   TDD’s; or

3.   Conditional Uses.  [Ord. 2017-007]

      C.   Allowable Modifications to Standards

Subject to approval, an ASP may provide for the following modifications to the standards of this Section:

1.   Transfer up to 20 percent of the total sign area allowed for building mounted signs to another sign type;

2.   Decrease the minimum separation required for signs within properties under common ownership;

3.   Transfer freestanding sign area to building mounted signs;

4.   Adjust the standards of this Section to allow for the preservation of historic signs; and

5.   Vary the geometry and rules used in the measurement of sign area to allow for creative and unique sign shapes.

      D.   Submittals and Approvals

In addition to the requirements of a MSP, an ASP shall be submitted in conjunction with a Zoning application, subject to the following requirements:

1.   Submittal Requirements

The ASP shall be submitted with a supplemental application and justification form to include project information, specific code references and proposed alternatives. The ASP shall require approval of the requested deviations from the requirements of this Section by the ZC or BCC and may be subject to conditions of approval.

CHAPTER F     GENERAL PROVISIONS FOR ALL SIGN TYPES

This Section establishes the physical standards and requirements applicable to all signs and the districts in which they are located. More detailed standards applicable to specific types of signs follow this Section.

Section 1         Minimum Setbacks

Unless otherwise specified in this Section, signs shall be setback as follows:

      A.   Temporary Signs

Five feet from the property line.

      B.   Permanent Signs

Five feet from the base building line. If the PBC Engineer waives the requirement that the setback be measured from the base building line, the setback shall be measured from the property line.

      C.   WCRAO Exemption

Properties fronting on Okeechobee Boulevard, Military Trail, Congress Avenue and Belvedere Road are excluded from the five-foot minimum setback, for properties that have been altered by eminent domain takings for R-O-W expansions. [Ord. 2006-004]

Section 2         Computation of Maximum Sign Area

The methodology for computing the sign area for all sign types shall be as follows:

      A.   Single-faced Signs

Single-faced signs shall measure the sign area to include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and contrasting colored background and materials, unless stated otherwise herein. Supporting structures such as poles, sign bases, decorative elements, details, columns are not included in the sign area calculation provided no lettering or graphics except for addresses or required tags.  [Ord. 2006-036]

1.   Channel Letters, Including Neon Channel Letters and Individual Letters

20 percent may be added to the calculation of the maximum area of a sign comprised solely of channel letters or neon channel letters or other individual freestanding letters, for developments that require a MSP.  [Ord. 2005 – 002]

      B.   Double-faced Signs

Double-faced signs shall be counted as a single faced sign. Where the faces are not equal in size, the larger sign face shall be used as the bases for calculating sign area.

      C.   Multi-faced Signs

Signs with three or more sign faces, or signs with two sign faces with a distance greater than three feet apart or an interior angle greater than 45 degrees, shall calculate the sign area as the sum of all the sign faces.

      D.   Three-dimensional Signs

Signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall have a sign area of the sum of all areas using the four vertical sides of the smallest cube that will encompass the sign.

 

 

 

Section 3         Building Wall

For the purpose of this Section, a building’s wall is considered continuous if projections or recesses in a building wall do not exceed ten feet in any direction.  For the purpose of Art. 5.C.1.I, Large Scale Commercial Development, a building’s wall is considered continuous if projections or recesses in a building does not exceed 25 feet.  [Ord. 2009-040] [Ord. 2012-027]

 

 

 

Figure 8.F.3.– Building Wall for Large Scale Commercial Development

Building wall is considered continuous if projections or recesses do not exceed 25 feet.

[Ord. 2009-040] [Ord. 2012-027]

 

Section 4         Materials

Paper, cardboard, or other material subject to rapid deterioration shall be limited to signs displayed for no more than 30 days.

Section 5         Illumination

Signs, other than temporary signs, may be illuminated subject to the following standards: [Ord. 2018-002]

      A.   General Requirements

1.   Ground-mounted and building-mounted signs adjacent to a residential zoning district or residential use shall be illuminated only during hours when the establishment is open for business; [Ord. 2017-025]

2.   External lighting shall be properly shielded to prevent glare on adjacent streets or properties; [Ord. 2017-025]

3.   Illumination shall be constant and shall not consist of flashing, animated or changing lights, except for permitted change of message for electronic message signs, pursuant to Art. 8.G.3.B, Electronic Message Signs; and,  [Ord. 2014-025] [Ord. 2017-025] [Ord. 2018-002]

4.   Electronic Message Signs shall be exempt from AGR, Exurban, Rural or Glades Tier prohibitions on internally illuminated signage. [Ord. 2017-025]

B.   U/S Tier Requirements

1.   Signs may be illuminated by silhouette, internal and external lighting, except where located in or oriented towards the NRM or NG Sub-areas of the WCRAO; and [Ord. 2006-004]

2.   Neon signs are allowed in the U/S Tier, except where located in or oriented towards the NRM or NG Sub-areas of the WCRAO, as part of a wall sign or window sign only.  The sign area for a neon sign shall not exceed eight square feet. [Ord. 2006-004]

C.   AGR Tier Requirements

1.   Signs may be illuminated by external or silhouette lighting only, with exception to the following: [Ord. 2017-025]

a.   Signs permitted under Art. 8.G.3.B, Electronic Message Signs; and, [Ord. 2017-025]

b.   Signs on properties with a commercial future land use designation. [Ord. 2017-025]

2.   All sign lighting is restricted to the hours of operation of the entity or establishment with which the sign is associated.

3.   Neon signs are allowed as a window sign only.  The sign area shall not exceed six square feet.

D.   Exurban, Rural, and Glades Tier Requirements

1.   Signs may be illuminated by external lighting only, with exception to signs permitted under Art. 8.G.3.B, Electronic Message Signs. [Ord. 2017-025]

2.   All sign lighting is restricted to the hours of operation of the entity or establishment with which the sign is associated.

 

 

Section 6         Changeable Copy

Changeable copy shall cover no more than 20 percent of the total sign area, except for the following uses which are exempt from this restriction: all public and civic uses, Theaters and Performance Venue, fuel price signs, and signs that flash the time and temperature subject to Art. 8.G.3.B, Electronic Message Signs.  [Ord. 2014-025] [Ord. 2017-007]

      A.   Unless exempt, signs and supporting structures shall be installed in accordance with the Building Code;

      B.   All signs and supporting structures, shall be maintained in the condition originally permitted; and

      C.   If a sign is removed from its supporting structure for longer than 90 days, the supporting structure shall be removed pursuant to the procedures in Art. 8.I.4, Removal of Signs in Violation of this Article.

Section 7         Abandoned Signs

Sign faces with commercial messages shall be removed within 60 days after the activity, product, business, service or other use which was being advertised has ceased or vacated the premises.  Any commercial message not removed or replaced with a site-related message within this time may be removed pursuant to the removal procedures set forth in Art. 8.I.4, Removal of Signs in Violation of this Article.

Section 8         Substitution of Sign Message

Any sign authorized by this Section may contain non-commercial copy in lieu of any other copy.

Section 9         Encroachment into Public Street or Sidewalk

Any sign projecting over a public street or sidewalk requires approval of the Department of Engineering and Public Works (DEPW) or other applicable agency.

Section 10        Required Address Signs

One address sign, between eight and 12 inches in height, is required for each freestanding building, and at least one freestanding sign if parcel has freestanding signs, subject to the following provisions:  [Ord. 2005 – 002]

      A.   Where a multi-tenant building has a freestanding sign, the building address shall be posted on that sign in a contrasting color with letters of sufficient size to be plainly visible and legible from the roadway;

      B.   Where a building has multiple addresses, the address range shall be posted;

      C.   Numbers posted on signs shall be in a contrasting color and shall be proportionate to the total sign area. Address numbers shall not be including in the sign face measurement; and

      D.   Where multiple address signs are provided in a development, they shall be of uniform size and color.

CHAPTER G     STANDARDS FOR SPECIFIC SIGN TYPES

Section 1         Building Mounted Signs

Building mounted signs consist of wall signs, awning and canopy signs, projecting signs, and marquee signs. There is no limit on the maximum number of wall signs and awning and canopy signs provided that the total size of all such signs does not exceed the total maximum signage area permitted for wall signs. Projecting signs over a pedestrian sidewalk and not under a canopy, awning, or arcade, and marquee signs are not included in the maximum sign area calculation for building mounted signs.

 

 

      A.   Wall Signs

Wall signs, including signs mounted on a mansard roof or parapet, are subject to the standards in Table 8.G.1.A, Wall Sign Standards.  No wall sign may cover wholly or partially any required wall opening.

 

 

      B.   Awning and Canopy Signs Standards

Awning and canopy signs are included in the maximum allowable signage area for wall signs. Awning and canopy signs are permitted on the ground floor of buildings and shall be made of durable, long-lasting fabric and designed to fit the storefront. Awning and canopy signs shall be subject to the standards in Table 8.G.1.B, Awning and Canopy Signs Standards. [Ord. 2006-004]

 

 

1.   WCRAO Overlay

Awning signs shall be prohibited in the NRM, NG and NC Sub-areas of the WCRAO. [Ord. 2006-004]

2.   Gas Station Canopies

No more than two canopy signs per station may be allowed in addition to the maximum allowable signage area for wall signs. Gas station canopy signs shall not exceed 18 inches in height. [Ord. 2006-004]

      C.   Projecting Sign

Projecting signs under canopies or covers in conjunction with pedestrian walkways are not included in the maximum allowable signage area for wall signs; however are subject to the standards in Table 8.G.1.C. Projecting Signs Standards, shall be placed perpendicular to the building façade and not project above the roof line. Projecting signs over a public sidewalk are included in the maximum allowable signage for wall signs. Projecting signs may include banners provided the sign and sign area conforms to the standards in Table 8.G.1.C, Projecting Sign Standards.  [Ord. 2005 - 002]

 

 

 

      D.   Marquee Signs

Marquee signs are allowed for theaters, stadiums, auditoriums, and similar uses subject to Class A Conditional Use approval. Marquee signs are not subject to wall sign area limits, but the maximum sign area shall not exceed one square foot for each foot of building wall. Marquee signs may be electronic message signs, subject to Art. 8.G.3.B, Electronic Message Signs , and have changeable copy. A marquee sign may project a maximum of six feet above the cornice of a building provided that it is architecturally integrated with the building.   [Ord. 2012-027] [Ord. 2014-025] [Ord. 2018-002]

 

Section 2         Ground Mounted Signs

Ground mounted signs consist of freestanding signs such as monument signs, outparcel identification signs, and entrance signs. 

 

 

      A.   Freestanding Signs

Freestanding signs are subject to the standards in Tables 8.G.2.A, Freestanding Sign Standards, and Table 8.G.2.A, Freestanding Signs:  Maximum Heights.

1.   Prohibitions

Freestanding signs shall be prohibited in the NRM, NG and NC Sub-areas of the WCRAO. [Ord. 2006-004]

2.   Minimum Separations

Freestanding signs shall have a minimum separation of 75 feet from a residential zoning district or freestanding signs on abutting parcels.  Freestanding signs in the same project, shall have a minimum separation of 50 feet.

 

 

 

3.   Limitations in Median

Freestanding signs erected in a median within a driveway to a development shall not be located in corner clips or safe sight distance unless they are less than 30 inches high and shall be set back a minimum of five feet from the face of curb, or from the edge of adjacent pavement where no curb exists. Signs that overhang a driveway shall be a minimum of 13.5 feet above the adjacent pavement. [Ord. 2018-002]

 

 

4.   Relationship of Sign Base to Sign Width

The total width of the sign base for signs shall be at least 30 percent of the width of the sign.

      B.   Outparcel Identification Signs

One freestanding out parcel identification sign may be allowed for each out parcel, subject to the standards in Table 8.G.2.B, Freestanding Outparcel Identification Signs, in addition to freestanding signs for PDDs and TDDs. This sign is excluded from the standards of Table 8.G.2.A, Freestanding Sign Standards.  [Ord. 2005 - 002]

 

Table 8.G.2.B - Freestanding Outparcel Identification Signs
	U/S Tier	AG-R Tier	Exurban, Rural and Glades Tiers
Maximum Number	1 per outparcel
Maximum Sign Area	20 sq. ft.
Maximum Height	6 ft.
Minimum Separation	30 ft.
Minimum Setback	5 ft	10 ft.	15 ft.
[Ord. 2005 – 002]

 

1.   Relationship of Sign Base to Sign Width

The total width of the sign base for signs shall be at least 30 percent of the width of the sign.

      C.   Entrance Signs

Entrance signs shall be permitted for the purpose of identifying a development, subject to the standards in Table 8.G.2.C, Entrance Sign Standards.   [Ord. 2006-036]

 

 

 

Section 3         Other Sign Types

The following signs are permitted subject to their own specific maximum allowable sign area and standards.

      A.   Mobile Signs

“A” frame type signs are allowed at business entrances on arcaded sidewalks in the U/S tier and in front of commercial or mixed-use buildings in TDD’s.

      B.   Electronic Message Signs

1.   Applicability and Approval Process

Electronic message signs shall only be allowed as follows:  [Ord. 2015-031]

 

Table 8.G.3.B, Electronic Message Sign Types and Approval Process
Sign Type		Permitted Content	Approval Process
Type 1		At regional facilities as defined in Art. 1, to include events or activities scheduled.	Class A Conditional Use approval (1)
Type 2 (2)		Reserved for Future Use	N/A
Type 3		Time and temperature	Building Permit
Type 3		Fuel prices	Building Permit
Type 3		Informational signs within residential Planned Unit Development (PUD)	DRO
[Ord. 2010-022] [Ord. 2014-025] [Ord. 2015-031] [Ord. 2016-020] [Ord. 2017-002] [Ord. 2017-007] [Ord. 2017-025] [Ord 2018-002]
Notes:
1.	Unless exempt under Art. 8.B, EXEMPTIONS
2,	Signs approved pursuant to the provisions of the Type 2 Electronic Changeable Copy Message Sign (PRA Pilot Program) shall be considered conforming, where in compliance with all of the standards established for the Pilot Program in Ord. 2016-020.

 

 

2.   Prohibited Elements

a.   Electronic message signs in windows and externally visible; [Ord. 2014-025]

b.   Message units that change copy, light, intensity, words or graphics more than once per eight seconds for Type 1 or Type 3 Electronic Message Signs. Any change in message shall be completed instantaneously.  There shall be no special effects in-between messages; [Ord. 2014-025] [Ord. 2016-020] [Ord. 2017-025] [Ord. 2018-002]

c.   Reflectorized lamps; [Ord. 2015-031]

d.   Lamps, light-emitting diodes or bulbs in excess of the amount and intensity of light generated by a 30-watt incandescent lamp or 300 lumens, whichever is less; and, [Ord. 2014-025] [Ord. 2015-031]

e.   The message shall be static.  There shall be no animation, flashing, scintillating lighting, movement, or varying of light intensity during the message.   Messages shall not scroll, undulate, pulse, blink, expand, contract, bounce, rotate, spin, twist, or otherwise give the appearance of optical illusion or movement as it comes onto, is displayed on, or leaves the sign board.  [Ord. 2014-025] [Ord. 2015-031] [Ord. 2016-020]

3.   General Standards

Electronic message signs are subject to the following: [Ord. 2014-025] [Ord. 2015-031]

a.   Each sign shall have a light sensing device that automatically adjusts brightness as ambient light conditions change in order to ensure that the message meets the standard for maximum brightness; [Ord. 2014-025]

b.   The maximum brightness shall be 0.2 foot candles above ambient light measured 150 feet perpendicular from the sign face area from a height of six feet.  No sign shall display light of such intensity to cause glare or otherwise impair the vision of a driver, or interferes with the effectiveness of an official traffic sign, signal or device; [Ord. 2014-025]

c.   The sign shall be equipped with a default mechanism or setting that will cause the sign to turn off or show a full black or similar image if a visible malfunction or failure occurs; and, [Ord. 2014-025] [Ord. 2015-031]

4.   Standards for Type 1 Electronic Message Signs

a.   Height, Sign Face Area and Setbacks

Type 1 Electronic Message Signs are subject to the height standards for freestanding signs in Table 8.G.2.A, Freestanding Signs:  Maximum Height, and the following: [Ord. 2015-031]

 

 

 

b.   Location

A Type 1 electronic message sign may be located in the following areas and subject to the following provisions: [Ord. 2014-025] [Ord. 2015-031]

1)   In a CG, CRE, PO, or IL zoning district or in a non-residential planned development.

2)   Shall not be located within 100 feet of a residential zoning district, undeveloped property with a residential FLU designation, or residential use.  [Ord. 2014-025]

3)   Adjacent to roadways classified as arterials or expressways; [Ord. 2014-025] [Ord. 2018-002]

4)   A minimum of 1,000 feet from any signalized intersection or existing electronic message signs ; [Ord. 2018-002]

5)   No more than one electronic message sign shall be permitted per frontage; and, [Ord. 2014-025] [Ord. 2018-002]

6)   Type 1 electronic message signs are prohibited in the WCRAO.  [2006-004] [Ord. 2014-025] [Ord. 2015-031]

c.   Additional Standards for Approval

In addition to the Standards of Art. 2.B.7.B.2, Conditional Uses and Official Zoning Map Amendment (Rezoning) to a PDD or TDD, when considering a Class A Conditional Use for a Type 1 Electronic Message Sign, the BCC shall consider whether or not the following standards have been met:  [Ord. 2014-025] [Ord. 2015-031] [Ord. 2017-025]

1)   The sign will not create confusion or a significant distraction to passing motorists;

2)   The sign (including its supporting structure, if any) is consistent with Art. 8.A.1.B, General Design Principles; [Ord. 2017-025]

3)   The sign will not be a nuisance to occupants of adjacent and surrounding properties; and

4)   The sign is accessory to a use regional in scale and attraction that, by its nature, demonstrates a unique need to communicate more information than is ordinarily needed for an attraction. [Ord. 2017-025]

d.   Conditions of Approval

In reviewing an application for a Type 1 electronic message sign, the BCC may impose conditions to assure the sign is compatible with and minimizes adverse impacts on the area surrounding the proposed sign.  [Ord. 2014-025] [Ord. 2015-031]

5.   Standards for Type 3 Electronic Message Signs

a.   Non-residential Zoning Districts

The following signs may be located in a freestanding or outparcel identification sign in non-residential Zoning districts, including the Commercial Pod of a PUD, but shall not be located within 100 feet of a residential zoning district, undeveloped property with a residential FLU designation, or residential use.  [Ord. 2014-025] [2015-031]

1)   Time and Temperature

Signs that only display time or temperature where the message unit is 50 percent of the sign face area, not to exceed more than 20 square feet in sign face area, whichever is less;  [Ord. 2014-025] [Ord. 2015-031] [Ord. 2016-020]

 

Figure 8.G.3.B - Typical Example of Time and Temperature Electronic Sign
50% of Allowable Freestanding	Message Unit Less
Sign Area	Than 20 SF
[Ord. 2014-025]

 

2)   Fuel Prices

Signs that only display words for cash or credit, fuel grades, and numerals for fuel prices.  [Ord. 2014-025] [Ord. 2015-031]

b.   PUD Informational Sign

Signs that are owned and maintained by a Property Owner Association (POA) to provide notice to residents of upcoming events, may be allowed within a PUD, subject to the following: [Ord. 2015-031]

1)   Freestanding signs shall be monument style only with a maximum height of six feet; [Ord. 2015-031]

2)   Maximum sign face area per side:  24 square feet; [Ord. 2015-031]

3)   Shall not be located within 100 feet of any residential structure or lot line, unless approved as a Type 1 Waiver where it is demonstrated that the sign is either oriented away from, or screened from view of the affected residential uses; [Ord. 2015-031]

4)   Shall not be visible from outside of the PUD, including any public roadways that bisect the development; and, [Ord. 2015-031]

5)   Shall not advertise any information, services or activities relating to any product or commercial activity external to the development.   [Ord. 2015-031]

6.   Building Permit Requirements

All building permit applications that include electronic message signs shall include the following: [Ord. 2014-025] [Ord. 2015-031]

a.   Manufacturer’s cut sheets that provide a description of all devices and compliance with the Prohibited Elements and General Standards listed above; and, [Ord. 2014-025] [Ord. 2015-031]

b.   A Certificate of Compliance signed and sealed by a licensed engineer, architect or landscape architect.  [Ord. 2014-025] [Ord. 2015-031]

7.   Type 2 Waivers for Electronic Message Signs

An Applicant may apply for waivers for Electronic Message Sign standards in accordance with Art. 2.B.7.D, Type 2 Waiver, in accordance with Table 8.G.3.B, Type 2 Waivers for Electronic Message Signs, below.  The Applicant shall demonstrate in the Justification Statement and provide supporting documents that all applicable criteria in the following Table have been met. [Ord. 2016-020] [Ord. 2018-002]

 

 

      C.   Flags and Freestanding Flagpoles

Flags and flagpoles are subject to the standards in Table 8.G.3.C, Flag and Flagpole Standards.  Flag poles and related structures designed to display a flag require a building permit.  [Ord. 2008-003]

 

 

Figure 8.G.3.C - Flags And Freestanding Flagpoles

[Ord. 2005-002]  [Ord. 2006-036]

 

      D.   On-Site Directional Signs

Directional signage within developments and subdivisions shall be for communicating directions and facility information including on-site services. Directional signage shall contain no advertising copy other than the project logos, and shall be of a similar type and style throughout the development.  Directional signs shall be subject to the standards in Table 8.G.3.D, On-Site Directional Sign Standards.

 

 

1.   Large Developments

Developments with more than 250,000 square feet, 1,500 dwelling units, 2200 ft frontage or having a combination of these uses that exceed these thresholds on a proportional basis¹, may be allowed an unlimited number of direction signs up to ten feet in height, provided all signs are a minimum of 200 feet from the perimeter of the project.

 

1 If half of the total floor area in a mixed use development is non-residential, then the proportional threshold is 125,000. Similarly, if half of the total floor area is residential, then the proportional threshold is 750 units.

 

 

      E.   Project Identification Signs

Project identification signs are allowed for residential projects for the purpose of identifying the limits of the project. Project identification signs shall be subject to the standards in Table 8.G.3.E, Project Identification Sign Standards, and the following:

1.   Project identification signs shall be attached to a buffer wall or project identification feature.

2.   Project identification signs shall contain no advertising copy other than the project name or logo.

3.   Project identification signs shall be permitted at the project corners only.

 

 

CHAPTER H     OFF-SITE SIGNS

Off-site signs are allowed subject to the following standards.

Section 1         Off-Site Directional Signs Standards

Off-site, freestanding directional signs are allowed to communicate directional information, provided they meet the following requirements and the standards in Table 8.H.1, Off-site Directional Sign Standards.  Off-Site directional signs are permitted only for parcels that have access to, but no frontage on arterial or collector streets.

 

 

      A.   Structure Type

Off-site directional signs shall be completely independent, freestanding structures and not attached to any other structure, nor shall any structure, including other signs, be attached to an off-site sign.

      B.   Locations

Off-site directional signs shall be located in the following areas:

1.   On a parcel abutting the parcel identified on the directional sign;

2.   On a parcel subject to a recorded document insuring ingress and egress to the parcel identified on the directional sign;

3.   On a parcel adjacent to an arterial or collector street;

4.   Within 50 feet of the point of ingress;

5.   A minimum of five feet from all base building lines; and

6.   Not in a public R-O-W or public easement.

 

 

Section 2         Billboards

      A.   Purpose and Intent

It is the purpose and intent of the BCC to restrict billboards and similar off-site signs in order to improve the aesthetic appearance of unincorporated PBC and minimize the visual and aesthetic degradation caused by these structures and to achieve the goal of an aesthetically improved built environment.  It is the purpose and intent of this Section to leave the regulations that were adopted consistent with the Billboard Stipulated Settlement Agreement in place after the expiration of the agreement.   Existing billboards with valid billboard registrations permits may be relocated or replaced subject to the requirements of this Section.  No new billboards are permitted in unincorporated Palm Beach County other than those relocated or replaced pursuant to this Section.  [Ord. 2016-016]

      B.   WCRAO Prohibitions

Billboard signs are prohibited in the WCRAO unless existing as of January 10, 2004 and the subject of a valid billboard registration issued pursuant to this Section.  Billboards may not be relocated within the WCRAO. [Ord. 2006-004] [Ord. 2016-016]

      C.   Annual Billboard Registration Renewal

The 1998 Billboard inventory of registered billboards is required to be renewed annually by the respective owner(s) in compliance with the terms of this Section.   [Ord. 2016-016]

1.   Renewals for billboard registrations shall be submitted by the Billboard Owners at least 60 days prior to expiration date of the existing registration. The Owners have the responsibility to notify the County of any billboards that have been annexed or are otherwise removed from the registration list in a format acceptable to the Zoning Director.  [Ord. 2016-016]

2.   PBC may establish a fee by resolution in the Official Schedule of Fees to be charged for the renewal of each registered Billboard. This fee may be increased by the BCC from time to time.  [Ord. 2016-016]

3.   Billboard registration shall be transferable if ownership of the billboard or Billboard Company changes.  [Ord. 2016-016]

4.   This billboard registration system shall not require “tagging” of the billboard structure by the owner.  [Ord. 2016-016

5.   Violations

a.   If a registration holder fails to submit fees required by this Section prior to or upon the annual expiration date, PZB shall:   [Ord. 2016-016]

1)   Immediately issue a notice of violation as specified below; and

2)   Suspend acceptance of any new applications for Special Permit for demolition, relocation, replacement, or maintenance of billboards from the same registration holder. No new Special Permit applications shall be accepted from the same permit holder until final resolution of any disputes arising from the PZB's actions.   [Ord. 2016-016]

b.   In the event that disputes arise regarding the amount of annual license fees charged, the permit holder may establish an escrow account into which he/she shall pay an amount equal to that portion of fees and other charges assessed by PZB which is in dispute. PZB shall be named as the beneficiary of the escrow account. This escrow account shall be established prior to the annual expiration date and shall remain in effect until final resolution of the dispute. Affected billboards shall continue to be treated as illegal signs; however, as long as the escrow account remains in effect, they shall not be removed as provided in this subsection.   [Ord. 2016-016]

c.   The notice of violation in accordance with Art. 10.B.1.A, Issuance of Notice of Violation shall be sent by certified mail, return receipt requested. At a minimum, it shall:

1)   Indicate the total amount of annual fees due.

2)   Indicate that the registration holder has 30 days from the date of mailing in which to pay the total fee due.  [Ord. 2016-016]

3)   Assess an additional delinquency fee equal to 25 percent of the amount due.

4)   Inform the registration holder that failure to pay all required fees within the time allowed shall constitute a violation of this Section and his/her billboard shall thereupon be considered to be illegal.   [Ord. 2016-016]

5)   Inform the registration holder of the process established by this chapter for the removal of illegal signs.  [Ord. 2016-016]

6)   Inform the registration holder of his right to appeal the action of PZB, as provided in this subsection.  [Ord. 2016-016]

d.   A copy of the notice of violation may also be prominently affixed to each billboard.[Ord. 2016-016].

      D.   Demolition, Relocation, Replacement or Maintenance of Billboards

Billboard maintenance requiring building permits, and billboard demolition, relocation, or replacement shall be subject to the provisions indicated below:  [Ord. 2016-016]

1.   Submittal Process

A billboard company shall submit an application for a Special Permit to the Zoning Division requesting its intent for demolition, relocation, replacement, or maintenance of a billboard in the format acceptable to the Zoning Director. The application shall be submitted at least 30 days prior to the requested date for the Special Permit.  Each Special Permit application shall include the registration issued in 1998 that is associated with the subject billboard.  [Ord. 2016-016]

2.   Demolition

a.   For each billboard demolition Special Permit issued by the Zoning Division, the billboard owner shall also submit an application to the Building Division requesting a demolition permit.  The application shall include the Zoning Division’s Demolition Special Permit.  Upon demolition of the billboard, a Certificate of Completion of Demolition issued by the Building Division shall act as the verification of the demolition.   A copy of the Certificate of Completion shall be submitted to the Zoning Division. [Ord. 2005 – 002] [Ord. 2016-016]

b.   Each billboard demolished subject to this Section may be relocated. The combination of a proof of billboard registration from the Zoning Division, a billboard demolition Special Permit from the Zoning Division, and a Certificate of Completion of Demolition from the Building Division shall be required prior to submitting application for a billboard relocation Special Permit.  [Ord. 2005 - 002] [Ord. 2016-016]

c.   A billboard relocation Special Permit application shall be submitted within four years from the issuance of the Certificate of Completion of demolition from the Building Division.   The relocation of the billboard shall be confirmed with a Building Department Certificate of Completion submitted to the Zoning Division no later than the end of the fifth year. Failure of the applicant to submit to the Zoning Division the Certificate of Completion from the Building Division for the relocation of the billboard by the end of the fifth year, or by date specified in a condition of approval in the Special Permit, shall result in the relocation Special Permit becoming null and void.    [Ord. 2005 - 002] [Ord. 2016-016]

3.   Relocation

a.   A billboard relocation Special Permit shall allow construction of a billboard with the same or lesser number of faces as contained on the demolished billboard. Two relocated single face, single billboard structures may be combined into a new two-face billboard structure.   [Ord. 2016-016]

b.   A relocated billboard may be constructed only within the following comprehensive plan land use categories: “CH” (Commercial High), “CL” (Commercial Low), or “I” (Industrial).

c.   Within the CH, CL, and I future land use plan categories, a relocated billboard may only be located within the following zoning districts: CG, CC, IL, IG, MUPD, and PIPD.

d.   Any billboard proposed for relocation within a conditional use, planned development, or similar project with an approved signage plan shall obtain approval for the relocation from the BCC, which shall retain the same discretion it exercised when granting the original development approval. If the billboard relocation requires modification of a signage plan that does not require BCC approval, the relocation shall be approved by the DRO, subject to the requirements of this Section.  [Ord. 2016-016]

e.   Relocation of a billboard to a PDD shall comply with the height and setback requirements for structures approved in the master plan. If modification of signage located within a PDD does not require BCC approval, such modification of signage shall be approved by the DRO.

f.    A relocated billboard shall not be relocated on property assigned a residential, agricultural, or conservation zoning designation. For the purposes of this Section, residential, agricultural, and conservation zoning districts are the corresponding zoning districts to the residential, agricultural, or conservation FLU designations as indicated in Table 3.A.3.B and, Table 3.A.3.C of the ULDC. For purposes of this Section, Traditional Development Districts are considered residential districts.  Billboards may not be relocated to property assigned a Traditional Development District.  Billboards may not be relocated to the residential, recreational and civic pods of a PIPD.  [Ord. 2016-016]

g.   All relocated billboards shall be located within an area containing a front dimension containing at least 500 linear feet. This linear dimension may include property abutting a public R-O-W.

h.   The height of any relocated billboard shall not exceed 40 feet above finished grade, excluding temporary embellishments.

i.    A relocated billboard shall comply with the setbacks listed below:

1)   Front: the lesser of 15 feet or the required district setback.

2)   Side: the lesser of the billboard's previous setback or the required district setback.

3)   Rear: the lesser of the billboard's previous setback or the required district setback.

4)   Side corner: the lesser of the billboard's previous setback or the required district setback. If applicable, the required district side corner setback may be reduced to 15 feet when the specific lot configuration makes relocation of the sign structure impossible based on application of the required district setback.

j.    A relocated billboard shall not be constructed within a lateral distance of at least 250 feet of any residential zoning district located on the same side of the street. The lateral distance shall be measured along the street R-O-W, and shall include public R-O-W. This requirement shall supersede any other setback requirements established by this Section. 

k.   When a relocated billboard will be placed on a public R-O-W which:

1)   is designated by PBC for an ultimate width of 120 feet less, and,

2)   abuts a residential zoning district across the street, then a residential "clear zone" shall be established.

l.    The “clear zone” shall extend at least 170 feet from the front setback of the billboard.  The “clear zone” shall be the public R-O-W.  Any portion of the “clear zone” located within the abutting residential district shall not contain any existing or proposed residential use.

m.  When a relocated billboard will be placed on a public R-O-W which:

1)   is designated by PBC for an ultimate width of more than 120 feet but less than 170 feet, and,

2)   abuts a residential zoning district across the street;

3)   then a residential "clear zone" shall be established;

4)   the "clear zone" shall extend at least 170 feet from the front setback of the billboard. The "clear zone" shall be include the public R-O-W. Any portion of the "clear zone" located within the abutting residential district shall not contain any existing or proposed residential use.

n.   When a relocated billboard will be placed on a public R-O-W which:

1)   is designated by PBC for an ultimate width of more than 170 feet, and;

2)   abuts a residential zoning district across the street, then a residential "clear zone" is not required.

o.   For the purposes of this Section, a residential "clear zone" may include such uses as landscaping, perimeter buffers, vegetation preservation areas, drainage facilities, roads, recreational areas, and similar nonresidential uses.

p.   A relocated billboard shall not be placed within 120 feet of any residential zoning district located across from, but not directly abutting, a public R-O-W. For the purposes of this Section, the 120 feet distance shall be measured from the rear of the billboard to the nearest point of the residential zoning district.

q.   For relocated billboards, the setback shall be measured from the property line.

r.    A billboard shall not be relocated to a site on a road with an R-O-W width of less than 80 feet.

s.   A minimum separation of at least 500 feet from any other existing or relocated billboard that is not on the same structure must be maintained.

4.   Replacement

A replacement for an existing billboard may be constructed consistent with the provisions of this Section.

a.   Shall be located within the permitted billboard location.

b.   A replacement billboard shall remain on the same side of the public R-O-W.

c.   Existing billboard or the setbacks provided by the zoning district.

d.   For replacement billboards, the front setback shall be measured from the property line.

e.   A replacement billboard may be constructed at the same or lesser height of the existing billboard.

f.    The sign face or faces of the replacement billboard shall not exceed the size of the sign face or faces of the existing billboard.

g.   A replacement billboard shall contain the same number, or lesser number, of sign faces as the existing billboard.

h.   When an existing billboard is located on property that is being or has been acquired for public road R-O-W purposes, the billboard location criteria of this Section may be waived subject to approval of a Type 1 Waiver.  The DRO may approve the Type 1 Waiver for billboard location criteria when the width of the R-O-W to be acquired will not allow billboard replacement consistent with the intent of this Section.  [Ord. 2012-027]

1)   Supplemental billboard regulations.

a)    Roof-mounted billboards are prohibited.

b)    Billboards shall not be relocated to a site on a road with an R-O-W width of less than 80 feet.

c)     Billboard illumination shall be directed only towards the billboard face.

d)    Billboards with valid registration shall be legal, conforming structures, and may be repaired and maintained as provided by the applicable building codes of PBC.  [Ord. 2016-016]

e)     Registered billboards may be sold, transferred, or exchanged.  [Ord. 2016-016]

      E.   Repair and Maintenance of Billboards

All billboards shall be maintained in good repair. Repair and maintenance of billboards shall be exempt from the limitations of Art. 1.F, NONCONFORMITIES .  Repair and maintenance of billboards shall not include any improvement which increases the height, size, or number of billboard faces. Temporary embellishments may be included as part of normal maintenance and repair of billboards.

      F.   Effect of Annexation

1.   Any billboard that is annexed shall not be eligible for relocation into the unincorporated area.   [Ord. 2016-016]

2.   Any registered billboard that is annexed shall be void upon annexation.  [Ord. 2016-016]

      G.   Appeals

Appeals of any decision by the Zoning Director or Building Director regarding interpretation or implementation of this Section shall be made to a Hearing Officer in accordance with Art. 2.A.14, Appeal of the ULDC.  Ord. 2016-016].

CHAPTER I      ADMINISTRATION AND ENFORCEMENT

Section 1         Zoning Division Review

The Zoning Division shall complete its review of all final approvals required by this Article within 30 days from the date of a fully completed application for a building permit, as determined by the Zoning Division, that has been submitted for Zoning Division review. For the purposes of this Article, final approval shall mean approval from the Zoning Division issued in conjunction with a building permit for the ultimate placement and construction of a sign. The Zoning Division shall either approve or deny the application within this review period. Upon expiration of this review period, the applicant may demand the required approval and proceed with the building permit approval process as though the Zoning Division approval required under this Article has been granted. If a building permit is issued, the applicant may display the sign until the Zoning Division either grants the required approval, or notifies the applicant of a denial of the application and states the reasons for the denial.

Section 2         Enforcement

PBC may enforce the provisions of this Article by all means available to it including but not limited to enforcement proceedings before the PBC Code Enforcement Special Masters pursuant to Art. 10, ENFORCEMENT, imposition of fines under Art. 10.B.3, Administrative Fines; Costs; Liens, and initiation of any civil or administrative proceeding to prevent, restrain or abate any act prohibited by the Article.

Section 3         Persons Responsible for Compliance

Persons who will be charged with violations of this Article are:

      A.   The owner, agent, lessee, tenant, contractor, or any other person using the land, building, or premises where such violation has been committed or exists; and

      B.   Any person who knowingly commits, takes part or assists in such violation.

Section 4         Removal of Signs in Violation of this Article

Any sign, banner, or sign structure not constructed or located in conformance with this Code is an illegal sign and is subject to the following procedure for notification, removal, and storage:

      A.   Tagged Notice

If a sign is erected, constructed or located in violation of this Code, PBC shall attach a notice to the sign stating the violation and any corrective measures needed to bring the sign into compliance with this Article. The notice shall further specify that the sign may be removed after ten days have lapsed from the date the tagged notice was placed on the sign, if the specified corrective measures have not been taken.

      B.   Storage and Removal

If corrective measures have not been complied with after ten days of placement of the tag on the sign, PZB may remove and store the sign in an appropriate storage facility at the expense of the sign owner. The storage period shall be for at least 30 days.

      C.   Mailed Notice

Upon removal and storage of the sign by PZB, a Notice of Violation and Removal and Storage shall be sent directly to the named owner of the sign, if the owner's address can be readily ascertained from the sign or the address where the sign was located. The notice shall also provide information as to where the sign is stored, how the sign may be reclaimed, and the owner’s right to appeal.

      D.   Return or Destruction

Any sign which has been removed from private property pursuant to the above provisions may be claimed by and returned to the property owner. Release of any sign shall be by written authorization of the Director of Code Enforcement upon proof of ownership and payment of a sum appropriate to compensate PBC for the expense of locating, tagging, mailing notice, removing, and storing the sign. Any sign that remains unclaimed after 30 days from the date of removal shall become the property of PBC and may be disposed of in any manner deemed appropriate by PBC.

      E.   Destruction and Unpaid Fees

Destruction of the illegal sign shall not extinguish any claim for payment of unpaid fees. Any cost associated with removal of an illegal sign, including cost of collecting unpaid permit, may also be assessed to the sign owner. No new sign permit application will be accepted from the owner of an illegal sign until all fees and costs associated with removal and storage of any illegal sign(s) are paid.

      F.   Illegal Signs in Public R-O-W

Illegal signs in the public R-O-W may be immediately removed by PBC. Such signs need not be stored and may be immediately disposed of in any manner deemed appropriate by PBC. However, if the approximate value of the sign or other structure is determined to be greater than $500.00 and the sign bears the name of the owner, the sign owner shall be notified and the sign shall be removed, stored, or returned, as the case may be, in accordance with the procedures in this Section.  [Ord. 2008-003]

Section 5   Appeals

An aggrieved person has the right to immediately appeal a denial of an application for a permit or other approval required by this Article, or any notice of intent to remove or destroy a sign in violation of this Article, to the Circuit Court in the Fifteenth Judicial Circuit of the State of Florida. Any such appeal to the Circuit Court shall be filed within thirty days of the mailing of the written notice of a denial of a permit or other approval contemplated by this article, or within 30 days of the mailing of a notice of violation and removal and storage issued pursuant to this Article.

 

 

Amendment History:

 

[Ord. 2003-067; January 1, 2004]  [Ord. 2005-002; February 2, 2005]  [Ord. 2005-041; September 1, 2005]  [Ord. 2006-004; March 1, 2006]  [Ord. 2006-036; August 29, 2006]   [Ord. 2007-001; January 31, 2007]   [Ord. 2007-013; September 4, 2007] [Ord. 2008-003; January 30, 2008] [Ord. 2008-037; September 4, 2008] [Ord. 2009-040; October 28, 2009] [Ord. 2010-022; September 1, 2010] [Ord. 2011-016; September 6, 2011] [Ord. 2012-027; August 31, 2012] [Ord. 2013-021; August 30, 2013] [Ord. 2014-025; September 3, 2014] [Ord. 2014-031; November 3, 2014] [Ord. 2014-031; July 7, 2015]; [Ord. 2015-031; September 3, 2015] [Ord. 2016-016; February 2, 2016] [Ord. 2016-020; March 24, 2016] [Ord. 2017-002; January 31, 2017] [Ord. 2017-007; March 2, 2017] [Ord. 2017-025; August 28, 2017] [Ord. 2018-002; February 1, 2018]