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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-006 Amending Chapter 10 Development and Design Standards• Temp. Ord. No. 2495 March 15, 2022 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 20' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE 4, ENTITLED "DEVELOPMENT AND DESIGN STANDARDS" BY AMENDING SECTION 10-4.10 ENTITLED "SIGNS" OF THE CITY OF TAMARAC CODE OF ORDINANCES, BY SPECIFICALLY AMENDING SECTION 10-4.10 (C) ENTITLED "COMPREHENSIVE SIGN PLAN (CSP)"; SECTION 10-4.10 (D) ENTITLED "GENERAL SIGN REQUIREMENTS"; SECTION 10-4.10 (E) ENTITLED "DESIGN CRITERIA"; SECTION 10-4.10(F) ENTITLED "CONSTRUCTION AND LOCATION"; SECTION 10-4.4 (H) ENTITLED "TEMPORARY SIGNS" AND SECTION 10-4.10(M) ENTITLED "NONCONFORMING SIGNS" TO PROVIDE FOR UPDATED SIGNAGE REGULATIONS IN SUPPORT OF ECONOMIC DEVELOPMENT OPPORTUNITIES, CITYWIDE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN • EFFECTIVE DATE. WHEREAS, the Land Development Code is the guiding document for regulating signage and advertising materials within the City; and WHEREAS, Land Development Code regulations are not static, and should be updated regularly to account for emerging trends resulting from evolving needs of the community; and; WHEREAS, the City's existing sign code provisions have not been significantly updated since November of 2012; and WHEREAS, businesses located within the City limits have indicated that the City's code provisions present certain marketing challenges and has placed them at a competitive disadvantage with nearby businesses located outside of the City's • jurisdictional boundaries; and CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 2 WHEREAS, the City understands that signage plays an integral role in business • marketing and is an important medium through which businesses may advertise goods and services for sale; and WHEREAS, staff has researched best practices, received input from the local business community, and interdepartmentally discussed sign regulations of several other municipalities surrounding the City of Tamarac and has determined that certain provisions within the city' sign code are either too restrictive or antiquated to meet the needs of Tamarac's businesses warranting the need for an update to the existing regulations; and WHEREAS, Objective 1, of the Future Land Use Element, in the City's Comprehensive Plan requires the City to administer and adopt appropriate land development code revisions, amending them as needed to respond to changing conditions; and WHEREAS, this item supports Policy 1.4, of the City's Strategic Economic Development Element of the Comprehensive Plan, Plan "Adopt Pro -Growth, Development Friendly Business Programs" by updating the City's sign code regulations in a manner that is responsive to the needs of the local business community; and WHEREAS, this item also supports the City's Strategic Plan, Goal #3 "Tamarac is Economically Resilient" by proactively adopting sign standards to enhance the visibility of local businesses and enhancing their market competitiveness. WHEREAS, the City desires to enhance its economic vitality and continue to contribute to the growth and success of local businesses within the community; and WHEREAS, the adoption of updated sign regulations to support local businesses • are in alignment with the goals and objectives outlined in the City's Strategic Economic • CODING: Words in strife through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 3 • Development Plan and encourages businesses who desire to advertise their goods and services, an opportunity to thrive and grow; and WHEREAS, the City believes that amending its sign code regulations will afford Tamarac's businesses an opportunity to effectively market their goods and services in a manner similar to those in neighboring jurisdictions thereby supporting their competitive edge -land WHEREAS, the Director of Community Development recommends approval of the ordinance amendment and finds that amending the sign code regulations for non- residential premises will significantly enhance the City's economic vitality and market competitiveness; and WHEREAS, the City Commission of the City of Tamarac wishes to continue to be . cognizant of how the policies within and outside of its jurisdictional boundaries affect businesses within the City, and has deemed it to be in the best interest of the citizens, J residents, and business owners of the City of Tamarac to amend the city's sign code regulations for non-residential premises; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. That Chapter 10 "Land Development Code", Article 4 Entitled "Development and Design Standards", Section 10-4.10(C), of the City of Tamarac Code of Ordinances is hereby amended as follows: CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 4 10-4.10 Signs (A) Purpose. This section sets fort the criteria for the location, installation, configuration, removal, and other standards for signs within the City. It is the intent of this section to authorize the uses of signs that: (1) Are compatible with their surroundings, legible in the circumstances in which they are seen, and appropriate to the activity that displays them; (2) Are expressive of the identity of individual activities and the community as a whole; (3) Promote the creation of an attractive visual environment that integrates signs into the architectural design and promotes an aesthetically pleasing community; and (4) Foster public safety along public and private streets within the community by assuring that all signs are in safe and appropriate locations that do not create a nuisance, conflict with traffic control devices, or unreasonably distract motorists. (B) Sign Permits (1) General. A Sign Permit is required pursuant to §10-5.4(L), Sign Permit, before the construction, erection, installation, posting, relocation, or alteration of any sign unless it is exempt under 10- 4.10(B)(2), Exemptions. (2) Exemptions. A Sign Permit is not required for the following signs, though the signage standards in §10- 4.10 do apply to such signs, and all signs within City public easements or rights -of -way and all traffic regulatory or traffic control signs are subject to Improvement Permits: (a) Entrance signs installed by the City at or near the city limits, on which may be listed institutional names and points of interest; .7 (b) Off -premise signs installed by the City that announce subdivisions and projects currently under • development; (c) Signs installed by the City that provide for the health, safety, and welfare of the community; (d) Signs installed under the direction of federal, State, County, or City agencies, including community service signs, community directional signs, and directional signs; (e) Window signs; (f) Yard signs for single-family lots, (g) Flags of nations, states, counties, municipalities, civic organizations, and corporations; (h) Nameplate signs, building address signs, general information signs, "open" signs, and business signs, where such signs do not exceed three square feet in sign area; (i) Change of copy in permitted changeable copy signs; (j) Individual tenant panels in permitted multiple tenant monument signs; and (k) The refurbishing of a sign where copy is not changed, the cost of any repair does not exceed 50 percent of the original cost of the sign, and no electrical work other than for normal maintenance is necessary. (C) Comprehensive Sign Plan (CSP) A Comprehensive Sign Plan provides for uniformity and in many instances enhance the aesthetic appeal of multi -tenant commercial, public, institutional, civic and/or mixed used developments. New and significantly modified multi -tenant commercial, public, institutional, civic and/or mixed used developments for which a building permit for vertical construction is filed after the effective date of this ordinance shall adopt a Comprehensive Sign Plan subject to the following provisions. (1) A multi -tenant commercial, public, institutional, civic and/or mixed -use developments may shall submit • a Comprehensive Sign Plan that establishes a coordinated approach to site signage. Comprehensive Sign Plans shall provide specifications regarding sign: CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 5 • (a) Type; (b) Materials; (c) Illumination; (d) Colors (e) Dimensions; and (f) Location (2) Developments utilizing a CSP may propose variations from City signage standards that address sign size and the number of signs allowed. Variations of up to 10 percent from the general requirement may be approved administratively. Variations above 10 percent must be reviewed by the Planning Board and approved by the City Commission. SECTION 3. That Chapter 10 "Land Development Code", Article 4, Entitled "Development and Design Standards", Section 10-4.10(D), of the City of Tamarac Code of Ordinances is hereby amended as follows: (D) General Sign Requirements. Only such permanent signs detailed in this section shall be permitted to be erected or maintained upon any building, lot, or parcel of land. Permits for permanent signs shall be reviewed by applicable city staff and issued by the building department based upon the signage regulations in effect, unless exempted from permit requirements. 0(1) Signs Permitted in All Zoning Districts Generally. The signs below are allowed generally in all zoning districts, subject to the listed standards. is (a) Signs installed under the direction of federal, state, county, or municipal agencies; (b) General information signs, each not to exceed three square feet in area; and (c) One nameplate sign per residence or business, each attached to a front wall or door and not to exceed three square feet in total area. An additional nameplate sign displaying the business name or building number or suite number may be attached to the rear door or the wall space immediately above the rear door not to exceed three square feet in total area. The sign shall be installed in a manner so that it is visible at night through the use of reflective material or direct/indirect lightin (2) Signs Permitted in Residential Districts. The signs below are allowed generally in all residential zoning districts, subject to the listed standards. (a) Community Directional Signs. The standards below shall be applied to general information, community directional signs, and directional signs. (i) The maximum sign area shall be three square feet; (ii) The maximum sign height shall not exceed three feet; and (iii) In no case shall such signs be located in the public rights -of -way. (b) Entrance Wall or Monument Signs CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 6 • Figure 10-4.10-1: Entrance Monument Sign (i) A maximum of two entrance wall or monument signs are permitted per subdivision or multi -family residential development for each vehicular entrance. (ii) Entrance wall or monument signs shall be located on the adjacent sides of the vehicular entrance unless placed in the entrance median. (iii) In no case shall such signs be located in a public right-of-way. (c) Multi -Family Building Identification Signs. Each building shall include an address sign no smaller than six inches in height. A building identification sign is also permitted at the same height as a building address sign. (d) Yard Signs in Residential Districts. Yard signs, except for temporary yard signs, are allowed in residential districts without a sign permit pursuant to the following: (i) Shall not exceed more than four signs per property at any one time; (i i) Shall not exceed four (4) square feet per sign; (iii) Shall not exceed 24 square feet total yard signage on any property, - (iv) Shall not exceed a height of 42 inches; (v) Shall not be located in the public right-of-way; (vi) Shall be located at least five feet from any property line; and (vii) Shall not be displayed for a period of more than 90 days per calendar year. (3) Signs Permitted in Nonresidential, Mixed -Use, and Special Purpose Districts. The signs below are allowed generally in all nonresidential, mixed -use, and special purpose districts, subject to the listed standards. (a) Automatic Teller Machines (ATM) (i) ATMs are permitted one sign per machine not to exceed eight square feet in sign area. (i i) The ATM sign shall be located adjacent to the machine and shall not exceed nine feet in height above grade. (iii) ATM signs shall display only the business name and/or business logo offering or • maintaining the ATM. (b) Business Hours and Open Signs CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 7 • (i) One business hours sign and one open sign is permitted per building or bay entrance on the primary frontage which advertises the hours of business operation and the availability of the business, respectively. (i i) Business hours and open signs shall not exceed three square feet in sign area per sign. (iii) Business hours and open signs are only permitted on the window or door of the primary frontage and are excluded from the total allowable window sign coverage percentage. Figure 10-4.10-2: Canopy Sign (c) Canopy Sign. One canopy sign per store front located directly adjacent to the main entrance of the bay, not to exceed three square feet in area is permitted. The sign must be positioned 90 degrees to facade. • (d) Changeable Copy Signs (i) Theatres, playhouses, convention centers, educational, governmental, or religious uses shall be permitted changeable copy signs as part of the monument sign detailed in this section. (ii) Theatres and playhouses may also display changeable copy signs in lieu of fagade signs permitted in accordance with §10-4.10(E), Design Criteria. Changeable copy signs displayed in lieu of the fagade signs shall not be larger in height than the maximum character and graphic height permitted by the design criteria. (iii) Changeable copy signs shall provide a minimum distance of 250 feet separation as measured directly from changeable copy sign to changeable copy sign on the same property. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 8 (e) Directional Sigws and Directory Signs Figure 10-4.10-3: Directional Sign (i) Directional and Directory signs may be permitted where there are two or more buildings on a property, a building on the property contains a drive -through for service, where there are multiple driveways leading to different buildings within a development or campus, or when a building on the property is not visible from the primary frontage of the development. Such directional signs shall only display the name of the complex, building address-sigf+s, building identification number, letter, or symbol, signs; use,location of the building or bay tenants, and corresponding directional arrows. (ii) Directional and Directory signs shall comply with §10-4.10(E), Design Criteria. n^,eceed three r e feet iR SigRRd shall not exceed theee feet iRheight. (iii) One directional or directory sign is permitted per each vehicular access from the official rights -of -way, iv PIUseRe Additional directional signs shall be permitted on the property for each separate vehicular driveway leading to a separate building on the property. (v) The Director may grant approval of additional directory signage based on the unique needs of a campus or development containing multiple buildings after review of a signage site plan submitted by an applicant depicting extenuating circumstances or conditions warranting the need for additional signs. peF building an the pr n r+., (v) PiFecteFy sigRs shall net exceed six feet in hei.244-. • • CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 9 • (gill Fa4ade Signs (i) For single tenant stand-alone buildings, one facade sign per street frontage is allowed. In no instance shall there be more than one facade sign per fa4ade. (i i) For multiple tenant buildings with internal access to the individual tenant bays, one fagade sign per street frontage identifying the name of the building, business name and/or business logo, or primary use of the anchor tenant only, is allowed. There shall be no more than one facade sign identifying the name of the building, business name and/or business logo, or primary use of the anchor tenant, per fagade, however a directory sign may be installed in the area immediately in front of the building entrance identifying the internal tenants name, bay or suite number compliant with the provisions of 10-4.10(D)(3)(e) above. For multiple tenant buildings with external access to the individual tenant bays, one facade sign per tenant bay located on the primary frontage of the tenant bay is allowed. (iv) For multi -story buildings, fagade signs located above the top of the first floor of a two-story building shall not exceed the maximum character and graphic heights of existing facade signs located on the first floor. (v) No fagade sign shall be located higher than the top of the first floor of a multi -story building excluding two-story buildings with external access to the individual tenant bays. Facade signs which identify the name the building, or business name and/or business logo or the primary use of the single tenant or anchor tenant, located above the top of first floor of a multi -story building shall be placed at the top of the top floor on the uppermost portion of the building. The Director may grant approval, on a case -by -case basis, of an • alternate location of fagade signs which identify the name of the building, business name and/or business logo, or the primary use of the single tenant or anchor tenant, located above the top of first floor on a multi -story building. The Director's decision may be based on architectural building features and will be considered through a written request from the property owner or their authorized agent. (vi) Outparcel buildings of commercial shopping centers or office complexes are allowed one fagade sign facing the primary right-of-way the outparcel building directly faces as well as one additional fagade sign on one of the remaining fagades. In no case shall an outparcel building be permitted more than two fagade signs. (vii) All fagade signs shall comply with §10-4.10(E), Design Criteria. (viii) Upon the removal of any fagade sign, the building fagade shall be repaired and repainted to match existing fagade in one uniform color. (g) Menu Board Signs (i) One (1) freestanding menu board is permitted per drive -way lane providing service for the direct delivery of food or beverages to customers at facilities designated as fast food, fast casual, or restaurant establishments. Each menu board sign shall comply with the following provisions: A. Maximum height of the menu board sign measured from the ground elevation shall not exceed ten (10) feet including any required footing or base which may not exceed two (2) feet in height. B. Maximum width of the menu board sign shall not exceed eight (8) feet. C. The sign face area of the menu board sign shall not exceed forty-eight (48) square feet. . D. The menu sign shall not create any visual or physical hazards as outlined in the provisions of this Code. CODING: Words in strike #reugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 10 (h) Menu Board Preview Sign • (i) One menu board preview sign may be permitted per drive-waV lane providing service for the direct delivery of food or beverages to customers at facilities designated as fast food, fast casual, or restaurant establishments. Each menu board preview sign shall comply with the following provisions: A. Maximum height of the menu board preview sign measured from the eround elevation shall not exceed six (6) feet including any required footing or base which may not exceed two (2) feet in height. B. Maximum width of the menu board preview sign shall not exceed five (5) feet. C. The sign face area of the menu board preview sign shall not exceed twentv (20) square feet. (i) Menu Board Wall Sign (i i) Stand-alone dine -in restaurants may have a single menu sign within a display case attached to the building wall adjacent to the entrance, which shall not extend more than six (6) inches from the building wall, or a single menu board on the inside of a window adjacent to the entrance, which shall count as part of the window signage allowance. Neither menu sign shall exceed four (4) square feet in area. 44W Monument Signs (i) For single -tenant stand-alone buildings, one monument sign per street frontage is allowed. Monument signs for single -tenant stand-alone buildings shall only display the name of the business, business logo, numeric address, and/or the primary use of the occupant. (ii) For multiple tenant complexes, one monument sign per street frontage is allowed. Monument signs for multiple tenant complexes shall convey complex center name. is signs for multiple tenant complex centers may: A. Display the anchor tenant name and/or anchor tenant logo; B. Incorporate a list of tenants into the sign area identifying the business name and/or logo; or C. Display the primary use of the occupants of the multiple tenant complex center. (iii) The name of the multiple tenant complex center must occupy a minimum of 25 percent of the allowable copy area and be placed above any tenant listing or sign copy. (iv) For outparcel buildings of commercial shopping centers or office buildings, one monument sign per street frontage is allowed. Monument signs for outparcel buildings of commercial shopping centers or office buildings shall only display the name of the business, business logo, numeric address, and/or the primary use of the occupant. (v) The standards below shall be applied to monument signs for gasoline stations and the gasoline station portion of a convenience store including price rate signs. A. Monument signs for gasoline stations and the gasoline station portion of a convenience store shall comply with §10-4.10(E), Design Criteria. B. The monument sign area shall include the business name offering or supplying the gasoline and shall not exceed six square feet within the sign area permitted with a maximum character or graphic height of 12 inches. C. One price rate sign advertising the price of gasoline is permitted on gasoline • monument signs. The price rate sign shall not exceed 16 square feet within the sign area permitted. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 11 • D. The price rate sign may have changeable copy. E. Price rate signs placed on gasoline pump unit dispensers are permitted and may include the type of fuel and octane rating; however, such signs may not exceed three square feet in sign area per pump unit dispenser. Price rate signs placed on gasoline pump unit dispensers do not require a permit. F. The adoption of mandatory regulations regarding gasoline pricing signs by the federal, state, or local government shall preempt and govern gasoline pricing signs permitted by this Section. (vi) All monument signs shall comply with §10-4.10(E), Design Criteria. (k) Off -Premise Signs. In cases where unique situations exist regarding limited access to the property as determined by the Director, the sign owner may request to locate a sign in an adjacent property or right-of-way, provided that the applicant can meet the following criteria: (i) Provide a certified written letter from the property or right-of-way owner to receive the sign that he/she does not obiect to the location of the sign in the adjacent property or right-of-way. 00 Provide a hold harmless agreement with the property or right-of-way owner to receive the sign recorded in the Public Records of Broward County. (iii) Provide a written agreement with the City of Tamarac and property owner that when the property or right-of-way owner to receive the sign requests removal of the sign through certified letter to the sign owner, the sign owner will remove the sign within ten days of notice from the property or right-of-way owner and return said property or right-of-way • to a finished condition in accordance with §10-4.4 Landscaping and Tree Preservation. (iv) Off -Premise sign types shall be limited to Directory or Directional sign types and shall follow all setback, design, construction, distance separation, sight visibility and any other applicable provision of this code to protect the City's and ROW owner's interests. (v) A maximum of one off -premise sign is permitted per ROW or legally bound parcel. NO In no instance, shall any off -premise sign be placed within twenty-five (25) feet of an existing sign installed on the ground within the same ROW or property, final placement of the sign shall be at the discretion of the Director to ensure the City's corridors remain free of visual advertisement clutter. (vii) The business being advertised by the off -premise sign must not have road frontage which provides an opportunity for an advertising sign on -premise. viii) Permits issued for off -premise signs shall automatically become void upon vacation of the existing business for which the off -premise sign was originally issued. The new owner or tenant of the business shall apply for a new building permit for the off -premise sign according to the provisions set forth in this Code and provide a copy of the lease to the city's Business Revenue Division indicating occupancy of the premise for which the off - remise sign was originally issued. This does not preclude the removal of the existing off - premise sign, however a new sign permit will be required for any alterations to the sign including sign face and copy changes as stipulated by the provisions of this Code. {4ll Portable Signs. In the mixed -use districts, portable signs are allowed pursuant to the following standards: • (i) One per tenant with street frontage; (ii) Eight square feet maximum total sign area; CODING. Words in c+rrkp }hrnii�h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 12 (iii) Four feet maximum sign height; • (iv) Shall maintain five feet sidewalk clearance; (v) Shall be located directly in front of tenant space and not off -premises; (vi) Shall be separated from other portable signs by 15 feet; and (vii) Signs shall not be affixed to street lights, traffic poles, sign posts, or other site or landscape features. (�� Rear Identification and Building Identification Signs Figure 10-4.10-4: Address Sign (i) One rear identification sign per rear bay door, not to exceed three square feet in area is required. For purposes of this standard, the rear bay door is that portion of the building containing the service or employee entrances. (i i) Each building shall include an address sign no smaller than six inches in height. A building • identification sign at the same height as the building address sign is also permitted for properties containing multiple buildings. {loll Window Signs "WINDOW, Figure 10-4.10-5: Window Sign (i) Window signs shall not exceed 1-5 40 percent of the total window area per building or bay frontage. The total window area is defined as the contiguous window panels separated by dividers or mullions less than six inches in width. (i i) Window signs shall be professionally drawn, placed, and/or constructed, and shall include any signs located within two feet of the window. (iii) One illuminated sign including those with exposed neon tubing may be displayed on the interior of a window in accordance with these provisions for window signs. These signs shall count towards the total allowable coverage percentage of the window area. Illuminated window signs shall be statically illuminated and shall not flash or scroll. (iv) Window signs shall meet the standards below. • A. Maximum character or graphic height is eight inches. CODING: Words in stFike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 13 • B. Logos may not exceed the maximum character or graphic height for windows signs. C. Window signs must be kept in a condition that will maintain the original aesthetic appearance of the structure and may not be placed across window dividers or mullions, regardless of size. (v) Existing non -conforming window signs that are not compliant with the provisions of this Code upon its effective date of adoption shall have a period not to exceed twenty-four (24) months/two (2) years to comply with the provisions outlined in this section of the Code. 4yll Yard Signs in Mixed -Use, Nonresidential, and Special Purpose Districts. Yard signs, except for temporary yard signs, are allowed in mixed -use, nonresidential, and special purpose districts without a sign permit pursuant to the following: (i) Shall not exceed more than four signs per property at any one time; (ii) Shall not exceed 24 square feet total yard signage on any property; (iii) Shall not exceed a height of six feet, or 42 inches if placed within a sight distance triangle; (iv) Shall not be located in the public right-of-way; and (v) Shall not be displayed for a period of more than 90 days per calendar year. OT4tp)_Posting of Human Trafficking Public Awareness Signs. Human trafficking means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person regulated pursuant to F.S. Ch. 787, and defined in F.S. • §787.06, as may be amended. (i) The employer at each of the following establishments shall display public awareness signs in a conspicuous location that is clearly visible to the public and employees of the establishment: (A) A strip club or other adult entertainment business. (B) A massage establishment. (C) A business or establishment that offers massage services for compensation that is not owned by a health care professional regulated pursuant to F.S. Ch. 456, and defined in F.S. 456.001. (D) A hotel. (i i) The required public awareness sign must be at least eight and one-half inches by 11 inches in size, must be printed at least in at least 16 point type, and must state substantially the following in English, Mandarin and Spanish: E "If you or someone you know is being forced to engage in an activity and cannot leave - whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity - call the National Human Trafficking Resource Center at 1-888-3737-888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law." Posted pursuant to F.S. §787.29 and Tamarac Land Development Code Section 10-4.10(D)(3)(m). CODING: Words in strike threugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 14 SECTION 4. That Chapter 10 "Land Development Code", Article 4, Entitled • "Development and Design Standards", Section 10-4.10(E), of the City of Tamarac Code of Ordinances is hereby amended as follows: (E) Design Criteria (1) Directional, Directory, Monument and Entrance Wall Signs (a) Standards. The following table shows the sign standards for Directory, Directional, Monument and Entrance wall signs: Table 10-4.11: Monument and Entrance Sign Standards Zoning Dis , Maximum letter and Maximum Sign Height Maximum Sign Area Graphic Height (in feet) (in square feet) (in inches) Residential iF; 6 42 Non --Residential 42 I GFA <64,999 SF i Non -Residential ; 8 n 72 GFA ;g�& _� 65,000 SF NOTES: — _--- GFA- Gross Floor Area of all buildings on property exclusive of outparcel buildings. SF- Square Feet The non-residential gross floor area may be computed using the sum of all stand-alone non-residential buildings located within the property boundary. (b) Implementation (i) All directional, directory, monument and entrance wall signs shall be landscaped around the base of the sign in a manner which conceals the entire base of the sign on all sides but which does not obscure the message or address on the sign. At a minimum, mulch and/or sod and small ground shrubbery shall be installed to enhance the aesthetic aooearance of the sign. (ii) Non-residential monument signs may only display the legitimate business name, as listed on a City of Tamarac business tax receipt, incorporation documents or otherwise registered to the company of the business or use requesting the sign. (iii) Monument signs shall have a minimum distance of separation of 150 feet as measured directly from sign -to -sign on the same side of the street for non-residential properties. (iv) For corner properties along official rights -of -way, the maximum monument sign height and area may be increased up to 25 percent if monument signage is limited to one sign at the corner of the intersection of the official rights -of -way in lieu of one sign per street frontage. r1 (v) An address sign shall be prominently displayed on all monument signs with a minimum height of four inches. (vi) All monument signs allowed per street frontage must match in design, color, illumination • method, and method of construction. CODING: Words in strike threugh type are deletions from existing law; Words in underlined type are additions. is Temp. Ord. No. 2495 March 15, 2022 Page 15 (2) Fa4ade Signs (a) Standards. The following table shows the sign standards for facade signs: (b) Implementation (i) All signs shall have an unobstructed sign face border on any background space in which the sign is located with a minimum border height and width of 25 percent of the largest character or graphic height. (ii) Allowance for additional character and graphic height: A. The maximum character and graphic height may be increased one inch for each rounded increment of 50 feet the building to receive a fagade sign is from property line of the primary street right-of-way. B. For a building to receive a facade sign in which the building is not equidistant isfrom the primary right-of-way, the allowance for additional character and graphic heights shall be determined by the average of the distance between the portion of the building that is closest to the property line of the street right-of- way in which the property is addressed and the portion of the building that is the farthest from the property line of the street right-of-way in which the property is addressed. (iii) The wall or space in which the fagade sign is located shall be considered in determining the sign dimensions. Fagade sign dimensions may not exceed 70 percent of the width of any wall or space on the building in which the sign is located. For an individual tenant bay in a multiple tenant building, fagade sign dimensions may not exceed 70 percent of the width between the tenant's demising partitions which separate adjacent bays. (iv) Each separate street frontage shall be considered individually for the purpose of determining maximum character and graphic heights, unless otherwise specified elsewhere in this Section. (v) Non-residential fagade signs shall only display the business name and/or business logo, or the primary use of the occupant except for fagade signs which identify the name of the building. (vi) Non-residential facade signs may only display the legitimate business name, as listed on a City of Tamarac business tax receipt, incorporation documents, or otherwise registered to the company of the business or use requesting the sign. (vii) All fagade signs are limited to two lines of copy. (viii) All fagade signs allowed per street frontage shall be designed to be in proportion to the architectural facade upon which it is placed, shall be no greater in character or graphic • height than the fagade sign placed on the primary frontage, and must match the fa4ade CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 16 sign placed on the primary frontage in design, color, illumination method, and method of • construction. (3) Illuminated Signs (a) Generally. Signs shall not create glare or unduly illuminate the surrounding area. Signs shall be illuminated in a manner that encourages the use of alternative power sources such as solar lighting where possible in alignment with the city's sustainable development design practices. (b) Externally Illuminated Signs, the ores r.,.a RAP-t 9d Of 111..., iRiltiaR (i) The average level of illumination on the vertical surface of the sign shall not exceed ten fe foot candles. (i i) Point source of light or bulbs shall not be visible to a passerby. (iii) Lighting fixtures for illuminating signs shall be carefully located, aimed, and shielded so that light is directed only onto the sign facade. Down directed lighting for signs is preferred. If ground mounted lighting is used, the light source must be fully shielded by landscaping or other means. (c) Internally Lit Signs the Preferred Method of Illumination (i) Illumination sources shall not exceed a total of 9,600 lumens. (i i) Pan channel -lit signs are preferred versus internally -lit signs. White IetteFing . not peF. itt a SECTION 5. That Chapter 10 "Land Development Code", Article 4, Entitled "Development and Design Standards", Section 10-4.10(F), of the City of Tamarac Code • of Ordinances is hereby amended as follows- (F) Construction and Location. Any and all signs shall be constructed, erected, placed, repaired, altered, or maintained in accordance with the standards below. (1) Every sign and all components of such sign shall be kept in good structural condition and be in conformance with the applicable building code at the time of permitting, as may be amended from time to time. (2) All structural, electrical, and mechanical members utilized in the construction, erection, and operation of signs shall be concealed except for vertical supports of other supporting members which are designed and arranged so as to be an integral part of the aesthetic composition of a sign. (3) No visible wires or face jumping to signs shall be permitted. (4) Every sign shall be constructed in accordance with the applicable building code, as may be amended from time to time. (5) All wood permitted to be used for signs shall be of a type or condition that is resistant to rot and deterioration. (6) The height of a permanent sign shall not extend beyond the building height including parapets. (7) All signs shall be setback a minimum of ten feet from all property lines to any portion of the sign, and no sign shall be permitted to overhang into the minimum sign setback. The Director may grant a reduction in the minimum sign setback on a case -by -case basis, based on physical site constraints through a written request from the property owner or their authorized designee. • (8) Signs shall not obstruct sight distance triangles determined by §10-4.4(D)(6), Sight Distance. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 17 (9) All sign copy four inches or larger on permanent signs shall extrude from the sign face a minimum of 0 one -half -inch or intrude into the background by routing the copy out of the sign face background. (10) No illuminated signs shall face a residential use in such a way as to be a distraction at night to the persons living in the residential structure. (11) Once a sign is erected, no additional signs may be attached to or displayed on any sign on a temporary or permanent basis. (12) There shall be a minimum of eight feet vertical height clearance from the bottom of any sign projecting from the underside of a canopy to the surface of a walkway below. (13) A sign may be internally illuminated, backlit, or ground -lit. For internally illuminated signs, sign copy shall illuminate and the remainder of the sign must remain permanently opaque, except for individual tenant panels on a multiple tenant monument sign that conveys the complex center name. (14) No logo or trademark shall be displayed that is greater than the maximum character or graphic height permitted on the sign. (15) No sign shall create a traffic or fire hazard, be dangerous to the general welfare of the citizenry, or interfere with the free use of public rights -of -way. (16) No sign shall display intermittent lights or simulated traffic control signs resembling the flashing lights which are customarily associated with danger, customarily used by police, fire, or ambulance vehicles, or for navigational purposes are prohibited. (17) No advertising sign shall be displayed which uses the word "stop" or "danger." No advertising sign shall be displayed which presents or implies the need for stopping or the existence of danger, or which is a copy or imitation of an official sign. This provision regarding the word "stop" and "danger" does not • apply when the words are part of an attraction title for a motion picture, theater event, opera or concert event, or when they are used in advertising, so long as they are not used to simulate, copy, or imply any official traffic warning either for vehicles or pedestrians. (18) No sign shall be displayed so as to provide background of colored lights blending with the traffic signals so as to confuse a motorist. (19) No sign shall display any statement, word, character, or illustration of any obscene, indecent, or immoral nature. (20) Sign location shall not interfere with public alarms, signals, or signs. No sign or support shall be placed in such position or manner as to obstruct or interfere, either physically or visually, with any fire alarm, police alarm, traffic signal or sign, or any devices maintained by or under public authority. (21) All signs must be placed on the property in which they serve unless approval of the placement of an off -premise sign has been granted by the Director in alignment with the provisions on this Code. leEate a sigR iR aR adjaceRt pFepeFty or Fight of way, provided that the applaEaRt GaR Meet the CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 18 (22) Properties containing multiple sign types shall install signs that are architecturally compatible to the principal structure and have a visual appearance of uniformity to the greatest extent possible. Is (G) Maintenance (1) All components of every sign type, together with its framework and structural supports, shall be well - maintained and aesthetically pleasing in appearance. Signs must also be in a good and safe condition, properly secured, supported, and able to withstand wind pressures as required by the applicable building code or any other regulatory code or ordinance in effect within municipal limits. (2) All letters, lights, and luminous tubes illuminating a sign shall be maintained in good working condition. All replacement bulbs and lenses shall be of the same wattage and color as the light it is replacing unless a change is required to meet applicable lighting code requirements. (3) When visible components are replaced, the colors of the replacement parts should match the existing components, taking into consideration fading due to sun and environmental conditions, otherwise all parts of the sign should be refurbished if this is not possible. (4) In the event that a wall sign is removed, all anchor holes shall be repaired in such a way that all anchor holes are no longer visible and the wall must be repainted to match the existing color of the building within 30 days of the removal of such sign. (5) The required perimeter landscaping for a monument sign must be maintained by the owner in a safe and aesthetically pleasing condition at all times. The owner is responsible for maintaining such required sign landscaping so that the entire sign, exclusive of the base, is visible at all times. (6) In the event that a monument or ground sign is removed, the location of the removed monument or ground sign must be returned to a finished condition in accordance with the landscaping provisions of this Code. SECTION 6. That Chapter 10 "Land Development Code", Article 4, Entitled • "Development and Design Standards", Section 10-4.10(H), of the City of Tamarac Code of Ordinances is hereby amended as follows: (H) Temporary Signs. Only such temporary signs, as prescribed herein shall be permitted to be erected or maintained upon any building, lot, parcel of land, bay, or space. (1) Temporary Signs, Residential Districts (a) Up to four temporary signs may be placed either on the owner's property or offsite for the purpose of directing the public when the property owner is opening the property to the public for a residential or nonprofit activity (e.g. real estate open house, garage/yard sale, estate sale), subject to the following: (i) A maximum of one sign may be located on -site; (ii) A maximum of three signs may be located off -site, with no more than one sign per turning movement; and (iii) Signs may be displayed a maximum of 12 times per year. (b) For new construction, a maximum of one sign per project frontage, not exceeding 20 square feet. erected from the date of final site plan approval up to the issuance of the final Certificate of Occupancy. (c) Signs shall not exceed three square.feet in area and three feet in height. • (d) Signs shall not be illuminated. CODING: Words in strife through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 19 • (e) Signs shall not be placed so as to create a traffic hazard, as determined by city staff. Signs shall not be placed in state right-of-way, traffic medians, public sidewalks, or bicycle paths. (f) Signs may be placed in city right-of-way in residential districts, but shall not be attached to any trees, fences, utility poles, light posts, street signs, or any other public facility located within city right-of-way. (g) Signs shall have sufficient weight and durability to withstand wind gusts, storms, and other weather elements. (h) Signs shall not be made of flimsy or unstable materials such as cardboard boxes, poster board, or paper. (i) Signs shall not have attachments, including, but not limited to, balloons, ribbons, loud speakers, etc. (j) Signs may be placed on privately owned property within residential districts with the written permission of the property owner. (2) Temporary Signs: Mixed -Use, Nonresidential, and Special Purpose Districts. Temporary signs are allowed in mixed -use, nonresidential, and special purpose districts subject to the following limitations: (a) Temporary signs may be displayed on -site five times per year for a maximum of five consecutive days each time, or for new construction, one sign per project frontage, from the date of final site plan approval up to the issuance of the final Certificate of Occupancy. (b) New businesses shall be permitted to display one temporary sign for a maximum of 30 days. This 30-day period shall not start prior to issuance of a Tenant Occupancy permit and shall not extend beyond installation of the permanent sign for the business or 30 days after issuance of a . Certificate of Occupancy, whichever is sooner. (c) Temporary signs shall not exceed 20 square feet in area. (d) Temporary signs shall be attached to the building of the business of which they are advertising or on the fencing enclosing the project site for new projects. (i) Temporary signs may be freestanding if the overall height does not exceed 8 feet. (i i) When attached to the building, temporary signs shall not be mounted higher than the eave line or top of the parapet wall of the building and no portion of the sign shall extend beyond the ends of the wall to which it is attached. (iii) Temporary off -premises wayfinding signs for non-residential properties may be permitted by the Director under the following circumstances: A. Signs used to the direct the public to eovernment resources during declared emergencies. B. Signs used to the direct the public to safe havens or shelters during declared emergencies. C. Signs used to the direct the public to government sponsored activities such as election sites and distribution of health -related resources. D. Temporary off -premise signs for non-residential properties may also be approved by the Director as deemed necessary to protect the health, safety, welfare, and well- being of Tamarac's residents, businesses, and visitors. (iv) Temporary off -premise signs are prohibited in residential districts except for temporary isconditions signs for nonprofit or residential activities which are permitted, subject to the conditions in §10-4.10(H)(1), Temporary Signs, Residential Districts, for nonprofit or residential activities occurring adjacent to commercial districts. CODING: Words in strike # type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 20 The following signs may be permitted only through a Temporary Sign Permit: • A. Flag -mounted signs, B. Banners; C. Pennants; D. Streamers; E. Balloons; F. Inflatable signs,- G. Costumed characters; H. Sandwich board or A -frame signs. (I) Sign Variances. Variances to this section shall be reviewed and administered in accordance with §10-5.4(Q), Variance. (J) Violations and Penalties (1) Any persons, residents, business owners, or property owners violating any of the terms, conditions, regulations, or provisions of this article shall be subject to the enforcement actions prescribed by this section. (2) Contractors installing signs without a permit in the City are subject to fines, penalties, or other legal remedies authorized pursuant to state or local law. (3) No sign shall be permitted or placed in the City contrary to the provisions of this section. (K) Enforcement (1) The Director is hereby designated and authorized to enforce this section and directed to remove signs which are contrary to the provisions of this section. (2) Violations of the provisions of this article shall be subject to enforcement by the City using any duly enacted provisions available. Violation hearings shall be conducted by the special magistrate in accordance with Chapter 162, Florida Statutes and sections 2-71 through 2-76 of the Code of Ordinances of the City. (3) Permitted signs shall be subject to all appropriate inspections, including but not limited to electrical, structural, and zoning. All signage on the property receiving the permitted sign shall be in conformance with the provisions of this article to receive consent of inspections. (4) Prohibited signs placed in the City shall be subject to enforcement and shall be removed by the City. (5) Permanent and temporary signs placed in the City without a permit shall be subject to enforcement. Temporary signs placed within public rights -of -way without a permit shall be removed by the City. (6) When determined by the Chief Building Official that a sign causes imminent danger to the public safety and contact cannot be made with the sign or property owner, the City shall correct the danger by removing the sign. (7) Signs removed by the City shall become the property of the City of Tamarac and may be disposed of in any manner deemed appropriate by the City. The cost of removal of the sign by the City shall be collected from the owner of the property on which the sign was located pursuant to any authorized legal process. The cost of sign removal shall include any and all incidental expense incurred by the City in connection with removal of the sign. (L) Prohibited Signs. The following are signs which shall not be installed in the municipal boundaries of the City: Animated including intermittently illuminate, flash, illumination • (1) signs signs which or change colors; (2) Sidewalk, sandwich signs, or A -frame signs, except as allowed as portable signs under §10-4.10(D)(3)(i); CODING: Words in strife through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 21 • (3) Snipe signs; (4) Exposed neon tubes except for window signs described elsewhere in this article; (5) Roof mounted signs; (6) Mansard signs, except where there is no other available area to place a sign on the fagade of the existing building, as determined by the Director; (7) Signs exceeding the height of the fagade or parapet wall; (8) Billboard signs; (9) Internally illuminated ground or monument signs in the form of box or cabinet signs, except where the box or cabinet sign consists of illuminated sign copy that extrudes from or intrudes into the sign face and the remainder of the sign is permanently opaque in accordance with the construction, location, and design standards of this article; (10) Fagade signs in the form of box or cabinet signs, except where the box or cabinet sign consists of individual characters or an individual logo, (11) Vehicle signs with the exception of the following: (a) Vehicles with vehicle signs may be parked on nonresidential property when parked within the confines of a building or in a manner so that the vehicle is screened from view from any public right-of-way; (b) Vehicles with vehicle signs shall not be parked overnight in a front yard in a residential zoning district with the exception of vehicles displaying removable magnetic signs or that are covered. Other vehicles with signage and/or utility trailers shall be in an enclosed garage or parked in a • side yard; (12) Cantilever or projecting signs in excess of 18 inches from the structure upon which it is constructed; (13) Painted signs except window signs; (14) Mobile billboards; (15) Inflatable or wind-blown signs, including cold or hot air balloons with advertising; (16) A sign which covers or interrupts architectural features of building; (17) Signs, pennants, and banners attached to poles, trees, or other vegetative or landscaping material, or stuck in the ground in a manner not approved as a ground, monument, or temporary sign; (18) Electronic sign displays excluding changeable copy signs permitted elsewhere in this article; (19) Electronic message centers and electronic time/temperature displays, (20) Pole or pylon signs except for traffic regulatory and traffic control signs. (21) Fagade signs on parapet walls, unless no other fagade is available to erect a fagade sign; (22) Signs erected on public property other than signs erected by a public authority for a public purpose; (23) Human signs; (24) Skylights, gas flood lights, or search lights; (25) Exposed bare bulb lighting of any type that is utilized on a building exterior or interior specifically to attract attention to such building for advertising purposes and not used as an architectural feature; (26) Window signs located above the top of the first floor of a multi -story building excluding two-story • buildings with external access to the individual tenant bays; and (27) Fagade signs which are raceway mounted or otherwise attached with supports except where existing structural conditions warrant this type of attachment as determined by the Chief Building Official. CODING: Words in stroke threugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 22 SECTION 7. That Chapter 10 "Land Development Code", Article 4, Entitled . "Development and Design Standards", Section 10-4.10(M), of the City of Tamarac Code of Ordinances is hereby amended as follows: (M) Nonconforming Signs (1) An existing nonconforming sign may be maintained and/or repaired, including the changing of individual tenant panels in multiple tenant monument signs as allowed by this section, but shall not be structurally or mechanically extended to further the nonconformity. (2) Any sign that had been granted a waiver or variance that existed and was maintained on the effective date of this section or any amendment thereto may continue although the sign does not conform to all the provisions contained in this section. (3) A nonconforming sign that is destroyed or damaged to the extent of 50 percent or more of its replacement value shall not be repaired or rebuilt. (4) Where a nonconforming sign exists, such sign shall be brought into conformance with this Code or be removed when the name of the enterprise, business advertised, or the copy on the sign is changed. This shall be done prior to the issuance of a local business license for any new business or enterprise. (5) Existing non -conforming window signs that are not compliant with the provisions of this Code upon its effective date of adoption shall have a period not to exceed twenty-four (24) months/two (2) years to comply with the provisions outlined in this section of the Code. (N) Dilapidated and Abandoned Signs • (1) Any sign permitted in accordance with the terms, conditions, regulations, and provisions of this section which is no longer in full compliance with the provisions of this Section or any sign which has become dilapidated shall be repaired, corrected, returned to full compliance with the provisions of this section, or removed. (2) Any sign permitted in accordance with the terms, conditions, regulations, and provisions of this section which has become abandoned shall be removed. (3) The owner of any property on which a dilapidated or abandoned sign is located shall be subject to fines, penalties, or other legal remedies available to the City pursuant to state or local law enforcement. (Ord. No. 0-2019-11 , § 2, 7-10-19; Ord. No. 0-2021-020 , § 3, 5-12-21) SECTION 8. Codification. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 9. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or . parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such CODING: Words in strike throu h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 23 . conflict. SECTION 10.Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 11. Effective Date. This Ordinance shall become effective upon adoption. / PASSED, FIRST READING this �_;r Iday of (��� - 2022. PASSED, SECOND READING this '27 day of jy�-IL.. , 2022. `i ICHELLE JO GOMEZ • MAYOR ATTEST: CE� IFER O ON, CMC CITY CLERK RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO yC—� RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZ -ft:{ DIST 1: COMM. BOLTONC DIST 2: V/M GELIN _ DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO�S� CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2495 March 15, 2022 Page 24 APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE . OF THIS CITY OF TAMARAC ONLY. ERIN, JR ITY TTORNE • • CODING: Words in strike thFGU h type are deletions from existing law; Words in underlined type are additions.