HomeMy WebLinkAboutCity of Tamarac Ordinance O-1972-011This ORDINANCE VVaS
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE DEFINING SIGNS, BILLBOARDS, AND AD-
VERTISING DISPLAYS, REQUIRING PERMITS FOR THE
ERECTION THEREOF, ESTABLISHING LICENSE FEES THERE-
FOR, PROVIDING FOR INSPECTIONS, REGULATING TIE
DESIGN, PROVIDING LIMITATIONS AS TO LOCATION,
TYPE, CONTENT AND SIZE, AND PROVIDING FOR THE
ENFORCEMENT THEREOF; PROVIDING EXCEPTIONS;
PERMITTING WAIVERS; REPEALING ORDINANCE No.67-3
OF THE CITY OF TAMARAC AND ALL OTHER ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND. PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE City of
Tamarac, Florida:
SECTION 1: Definitions. The following words and phrases,
as used in this Ordinance shall, for the purposes hereof, have the
meanings respectively ascribed to them in this Section, unless
it shall be apparent from the context that a different meaning is
intended.
A. "Sign" shall mean and include every sue, billboard,
ground sign, roof sign, illuminated sign, projecting sign, temporary
sign, marquee, awning, canopy, and street clock, and shall include
any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any
person or other entity when the same is placed on real property or
buildings or structures thereon, in view of the general public.
B. 'Marquee Sign" shall mean any sign attached to, or
hung from a marquee. A 'Marquee" shall mean a canopy or covered
structure projecting from and supported by a building, when such
canopy or covered structure extends beyond the building, building
line or property line.
C. "Ground Sign" shall mean a sign which is a complete
self -supported structure and is not attached or affixed in any
way to a building or structure.
D. "Wall Sign" shall mean a sign which is affixed to an
exterior wall or any building or structure when such sign shall
project not more than 15 inches from the building wall, structure,
or parts thereof.
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E. "Illuminated Sign" shall mean any sign which has
characters, letters, figures, designs or outline illuminated by
electric lights or luminous tubes as part of the sign proper.
SECTION 2: Exem t Signs. The following types of signs are
exempted from all of the provisions of this Ordinance, except for
the requirements of Section 5 A and E, Section 6 A, B, and C, and
Section 8.
A. All signs of a temporary nature, which shall include:
1. Announcing Signs. Signs announcing the names of
architects, engineers and/or contractors of a building under con-
struction, alteration or repair and signs announcing the character
of the building enterprise or the purpose for which the building is
intended, provided such signs shall not exceed thirty-two (32)
square feet in display surface. These signs shall only be permitted
to be displayed for one year.
2. Real estate signs. Signs not exceeding six (6)
square feet in area advertising the sale, rental or lease of the
premises on which displayed, providing that such signs shall be
removed within seven days after sale.
3. Subdivision Signs. Signs announcing the sub-
division and improvement of property where located on the property
to be improved, not to exceed one sign for each subdivision,
provided such signs shall not exceed one hundred thirty (130)
square feet in area. Such signs may not be erected until a formal
application for subdivision has been filed with the appropriate
city officials. Said signs are exempted from the provisions of
this ordinance for a period of one year from the date of erection of
such signs, which date of erection shall be reported to the Super-
intendent of Buildings within thirty (30) days after such erection.
If said subdivision is not completed within one year after the
erection of said signs, an additional period of exemption not
to exceed one year shall be allowed.
4. Temporary Signs. Temporary paper or other
temporary signs may be affixed or otherwise attached to or displayed
within glass display windows, provided however, that not more than
one such sign shall be permitted within or upon any one display
window and that such sign shall not exceed 200 of the glass area.
(a) Institutional Signs. Any sign or bulletin
board setting forth or denoting the name of any public, charitable
or religious institution when located on the premises of such
institution, provided such sign or bulletin board shall not exceed
sixteen (16) square feet in display surface providing such sign
shall be placed within four feet of the building.
(b) Public Signs. Signs of a public, non-
commercial nature, which shall include safety signs, danger signs,
trespassing signs, signs indicating scenic or historical points
of interest and all signs erected by a public officer in the perfor-
mance of a public duty.
SECTION 3: Permits and Fees.
A. When Required. Except for the exceptions noted in
Section 2, it shall be unlawful for any person to install, construct,
erect, alter, relocate, reconstruct or cause to be installed,
constructed, altered, relocated, or reconstructed within the City
of Tamarac, after the effective date of this Ordinance, any sign
or signs without first having obtained a permit in writing from
the Building Department, and making payment of the fees required
by Section 3 D.
B. How Obtained. Applicants for such permits shall
file with the Building Department applications signed by the owner
of the sign, or his agent, on forms furnished by the Department,
containing the following information:
1. The names and addresses of the applicants and
of the person by which such sign is to be constructed, erected,
altered, relocated or reconstructed.
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2. An accurate description of the relocation
or proposed location and character of each sign.
3. A plan or design of the sign showing its weight,
shape, color, dimensions, lighting equipment, materials, details of
its attachment and hanging, and its position relative to the
building and street lines. Where a group of stores or a series of
businesses occur, a uniformity of design, size and color shall be
observed.
said sign.
4. Any electrical permit required and issued for
5. Such other structural and technical information
pertinent to the application, as may be required by the Building
Department.
6. The Beautification Committee must review and
approve such applications.
C. Illuminated Signs. Approval. by Electrical Inspector.
The application for a permit for a sign in which electrical
wiring and connections are to be used shall be submitted to the
Electrical Inspector. The Electrical Inspector shall examine the
plans and specifications respecting all wiring and connections to
determine if the same complies with the Electrical Code of the City
of Tamarac and he shall approve said permit if the said plans and
specifications comply with the said Code, or disapprove the
application if non-compliance with the said Code is found.
D. Fees. Every applicant, before being granted a
permit hereunder, shall pay to the Building Department for each
sign regulated by this Ordinance, a fee, which shall be as follows:
IMAM
ALL SIGNS
Up to 15 square feet
Up to 30 square feet
Up to 45 square feet
Up to 60 square feet
Up to 100 square feet
Up to 150 square feet
Over 150 square feet,
per each square foot
PERMIT FEE TO BE CHARGED
$5.00
7.00
9.00
15.00
20.00
35.00
.25
NOTE: RECONDITIONING FEE: (Other than in connection
with annual renewal inspection). All signs $6.00
Any relocation of an existing sign, same fee
shall apply as for new sign.
RENEWAL FEES.
Permits for all signs will be issued for the
ensuing fiscal year beginning November lst and shall be
renewed annually upon inspection and approval of the
Building and/or Electrical Inspector and payment of an
inspection and renewal fee of :
All signs up to 100 square feet $3.00
All signs over 100 square feet 10.00
Should the provisions of the Sign Ordinance
be not complied with by the holder of a permit, no renewal
permit will be issued.
Mic
E. Permit Issued if Application in Order. It shall be
the duty of the Building Department, upon the filing of an application
for a permit under this Section, to examine such plans; specifications
and other data and the premises upon which it is proposed to erect
the sign. If it shall appear that the proposed sign has been approved
by the Beautification Committee and is in compliance with all the
requirements of this Ordinance and all other laws and Ordinances of
the City of Tamarac, the Department shall then issue a permit.
F. Revocation of Permit. The applicant who has been
issued a permit shall, upon completion of the installation, construction,
erection, relocation, or alteration, notify the Building Department
which shall thereupon cause an inspection to be made. Permits
granted under the terms of this Ordinance shall be non -transferable.
The Building Department is hereby authorized and empowered to revoke
any permit issued by it upon failure of the holder thereof to
comply with any provision of this Ordinance..
G. Nullification of Permit. If the work authorized
under a permit has not been substantially completed within sax (6)
months after date of issuance, then such permit shall become void
and any sign installed, constructed, erected, relocated, or altered
thereafter under such permit shall constitute a violation of the
terms of this Ordinance.
SECTION 4: Enforcement and Administration.
A. Building Department. The Building Department is
charged with the enforcement and administration of this Ordinance.
Whenever necessary, the officials of the other departments of the
City of Tamarac shall render such assistance as is consistent with
the usual duties of their respective departments, to the Building
Department at its request.
B. Non -Conforming Signs. Any sign erected prior to the
date of this Ordinance, in compliance with all then existing laws
and regulations, shall be permitted to be maintained as a non-
conforming sign, for a period not to exceed . three (3) years subject
to the following conditions:
1. Safe Condition. Non -conforming signs shall
be maintained in a safe condition and shall not in any respect be
dangerous to the public or to property.
2. Alteration or Relocation. Upon the alteration
or relocation of any non -conforming sign or the discontinuance or
removal from the premises of the activity to which such sign
relates, such sign shall cease to be a non -conforming sign under
this section and shall thereafter be permitted to be maintained
only upon compliance with all requirements of this Ordinance. The
term "alteration" shall not be construed to mean minor repairs and
maintenance for the purpose of keeping the sign in a clean and safe
condition.
C. Abatement and Removal of Unlawful Signs. Whenever
it shall appear to the Building Department that any sign has been
constructed, erected, or is being maintained in violation of any of
the terms of this Ordinance, or after a permit therefor has been
revoked or become void, or that a sign is unsafe or insecure or
in such condition as to be a menance to the safety of the public,
the Department shall thereupon issue a notice in writing to the
owner of the sign or the owners tenant of the premises upon which
the sign is erected or maintained informing such person of the
violation of this Ordinance or of the dangerous condition of such
sign, and directing him to make such alteration or repair or do
such things or acts as are necessary to make the same comply with
the requirements of this Ordinance within such reasonable time
limit as shall be stated in such notice which, in no case, shall be
less than twenty (20) days, nor more than sixty (60) days. Said
notice may be given by personal service, by depositing a copy of
same in the U.S. mail in a postage prepaid wrapper addressed to the
street address of the premises upon which such sign is erected or
maintained, or by posting a copy of same on the premises upon which
such sign is erected or maintained. Upon failure to comply with such
notice within the time mentioned therein, the Building Department
shall cause such sign, or such part thereof as is constructed or
maintained in an unsafe condition or otherwise inviolation of this
Ordinance, to be removed or altered and/or repaired so as to make
it a conforming sign, and shall charge the expense thereof to the
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person so notified. When any sign is in such condition as to be
an immediate hazard and peril to the safety of the public or to
property, the Building Department is hereby authorized to cause
such signs to be removed after five (5) days notice.
SECTION 5: Prohibited Signs. It shall be unlawful to
erect or maintain:
A. Any sign which, by reason of its size, location,
content, coloring or manner of illumination, constitute a traffic
hazard or a detriment to traffic safety by obstructing the vision
of drivers, or by obstructing or detracting from the visibility
of any official traffic control device or by diverting or tending
to divert the attention of drivers of moving vehicles from the
traffic movement on the public streets and roads.
B. Signs which are not included under the types of
signs permitted under Section 7.
C. Signs which are obscene.
D. Signs which advertise or publicize an activity no
longer conducted.
E. Any moving or flashing signs.
F. Banner signs.
G. In all classes of business districts, flags and
pennants, or any other device intended to attract attention to
displayed merchandise or property. Nothing herein shall prohibit
the respectful display of National or State flags.
H. Signs painted on the building.
I. Roof Signs.
J. Benches carrying advertising matter.
K. Commercial advertising signs and billboards.
L. Pole, pylon and cantilever signs.
M. Sidewalk or sandwich signs.
N. Handbills, circulars, throwaways, or other advertising
materials are prohibited unless distributed within a wholly
enclosed building.
SECTION 6: Construction Desi n and Location of Si ns.
A. Free Ingress and Egress. No sign or supports or
hangings, therefore shall be erected so as to cover doors or
windows of any building or otherwise to prevent free ingress and
egress to or from any window, door or fire escape of any building,
nor shall any sign be attached to any part of a fire escape or upon
or to any stand pipe or fire escape support, nor be placed nearer
than two (2) feet from any fire escape platform, and all signs
shall be so arranged as to swing away from such fire escape or
platform.
B. Interference with Public Alarms, Signals, or Signs.
No sign or supports or hangings therefore shall be placed in such
position or manner as to obstruct or interfere with any fire alarm,
police alarm, or sign or any devices maintained by or under public
authority.
C. Structure. Every sign, together with its framework,
braces, angles or other supports, shall be maintained in a safe
condition, properly secured, supported and braced, and shall be
kept in good structural condition, clean and well painted at all
times.
D. Support. Every sign shall be constructed to withstand
pressure as set forth in the South Florida Building Code and shall
be rigidly and firmly braced and securely attached to the building
or structure by bolts, anchors, chains, cables, or guys, all of
which must be metal, provided by the code.
E. Wood. All wood permitted to be used, either for
new signs, for replacements of existing signs, or for any part
thereof, shall be of rot and deterioration resistant materials.
F. Projection From Building Line. Except for marquee
signs, no sign or portion thereof, shall project over any public
area or way for a distance in excess of five (5) feet from the
property line of the property upon which is located the building
or structure to which such sign is attached, provided, however, that
no sign shall be permitted to project over any public highway, or
interfere with vehicular traffic.
G. Distance above Ground. The lower edge of all signs
projecting over any public area, except marquee signs, shall have
a vertical clearance of at least nine (9) feet.
H. Determination of Size of Signs. The size of all
signs shall be measured and determined in the following manner:
I. When such signs are on a plate or framed, all
of the plate or frame shall be included in the dimensions.
Z. When such signs are not on a plate or framed,
but are partly or entirely outlined by a light line or area, or
if on a plate or frame and circumscribed by a larger light line
or area, all of the area circumscribed by light line or area shall
be included in the dimension.
3. When a sign consists only of letters, designs,
or figures, engraved, projected, or fixed on a wall, the total
area of the sign shall be the sum of the square feet area of the
rectangles or circles, whichever is the smaller, within which each
such.letter, design or figure can be placed or inscribed.
I. Location of signs shall be determined by the effect
on the overall appearance plus the signs effect on adjacent
neighborhood bearing in mind the hours of operation of any lighted
signs. Beautification Committee approval is required prior to
issuance of a permit.
J. Illuminated Signs must be of soft -light opaque type,
back lighted so that the light source is not visible.
K. Once erected, no additional signs shall be attached
to an approved sign on a temporary or permanent basis without a
new permit.
L. Necessary signs for the control of traffic on Private
premises or entering or leaving the premises in all business districts
shall bear no advertising. Wording shall be terse and size of
signs shall not exceed three (3) square feet and the top of which
shall not be higher than eight (8) feet above grade.
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M. Auto Service Stations shall be permitted one price
rate ground sign not to exceed fifteen (15) square feet and the
top of which.shall not be higher than eight (8) feet above grade.
Such sign must be set back thirty (30) feet from the property
line.
SECTION 7: Permissible Signs. Only such signs as are
prescribed herein below, which conform with the provisions of
this Ordinance, shall be permitted to be erected or maintained
upon any building, lot, or parcel of land located in the following
zoned areas. Where any building, lot, or parcel of land is adjacent
to two or more streets, the number of signs permitted per business
on each building, lot or parcel of land under the terms of this
section shall be increased by such number of adjacent streets,
provided, however, that no more than one sign or each type of sign
permitted shall front upon any one of said streets.
A. Single Family Residential Use Districts.
1. Wall or Ground. Sign. One sign, either wall or
ground, unlighted or indirectly lighted, not exceeding gi_x (6)
square feet in area of temporary nature relating to the sale of
real property.
B. Hotel and Apartment Districts.
1. Marquee Sign. One sign, lighted, or unlighted,
relating to a business conducted on the premises and displayed
upon the perimeter of a marquee, provided such sign shall not
exceed three (3) feet in height and shall not exceed forty (40)
percent of the total area of the perimeter of the marquee.
2. Ground Sign. One ground sign, lighted or un-
lighted, not to exceed eight (8) square feet in area, and not to
exceed six (6) feet in height from the finished grade, relating to
business conducted on the premises, provided the building or
buildings in front of which said sign shall be displayed shall be
set back not less than thirty (30) feet from the street line.
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3. Wall Sign. One sign, lighted or unlighted, not
exceeding thirty-two (32) square feet in area, upon any wall of a
structure on the premises relating to business conducted thereon.
C. All Classes of Business Districts.
1. Any sign permissible under subsection (B) .
2. Ground Sign. One ground sign, lighted or
unlighted, not exceeding thrity-two (32) square feet in area,
relating to businesses conducted on the premises, and provided
further, that the height of the sign shall not exceed six (6)
feet from the ground. One ground sign, lighted or unlighted,
not exceeding six (6) square feet in area, relating to businesses
conducted on the premises other than in a building thereon, provided
the height of such sign shall not exceed six'(6) feet from the
ground.
3. Marquee Sign. One sign, lighted or unlighted,
attached to the underside of a marquee, not exceeding nine (9)
square feet in area for each business conducted on the premises,
provided the lower edges of such signs are at least eight (8)
feet above the surface of the ground, and provided further that one
sign not to exceed three (3) feet in height may be attached to the
face of the marquee.
4. Wall Sign. One wall sign, lighted or unlighted,
per side or rear of the building to which such sign is attached,
relating to businesses conducted on the premises, and not exceeding
twenty (20) percent of the area of the total exposed wall on which
such sign shall be displayed or not exceeding two hundred (200)
square feet, whichever is the lesser, of the area of the face of
the building actually occupied by said business.
S. Number of Signs. Only such signs of each type
as are prescribed herein below, which conform to the provisions of
this Ordinance, shall be permitted to be erected or maintained
upon any building, lot or parcel of land located in the folbw ing
zoned areas. Where any building, lot or parcel of land is adjacent
to two or more streets, the number of signs permitted per business
on each building, lot or parcel of land under the terms of this
section shall be increased by such number of adjacent streets,
provided, however, that no more than one sign of each type permitted
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shall front upon any one of said streets.
D. All Classes of Industrial Districts.
1. Any sign permissible under subsection C.
Z. Ground Signs. One ground sign, lighted or
unlighted, relating to businesses conducted on the premises, subject
to approval of the Beautification Committee.
3. Wall Sign. One wall sign, lighted or unlighted,
per side or rear of the building to which such sign is attached,
relating to businesses conducted on the premises, and not exceeding
ten (10) percent of the area of the total exposed wall on which
such sign shall be displayed. Wall signs on the face of the
building for each busyness therein conducted shall not exceed ten
(10) percent of the area of the face of the building actually
occupied by said business.
4. Exceptions. Establishments having a floor
area of more than 10,000 square feet may submit sign designs for
review and approval of the Beautification Committee for unique
signs not previously described.
SECTION 8; Penalty.
A. Any person who fails to comply with the requirements
set forth in the written notice which is issued pursuant to Section
4 C shall, upon conviction, be punished by a fine not exceeding
Five Hundred Dollars ($500.00) or by imprisonment not exceeding
three (3) months, or both such fine and imprisonment.
B. The failure to comply with the requirements set
forth in a written notice issued pursuant to said Section 4 C
within the period of time prescribed therein, shall be deemed a
new offense for each day of such non-compliance.
SECTION 9; Waivers. The City Council shall have the power
to grant waivers from the operation of any provision of this Ordinance
to an applicant for a permit in any case when, in their opinion
the enforcement thereof would work a hardship upon such applicant,
and where the granting of a waiver would not be contrary to the
spirit and purpose of this Ordinance and the public interest.
Provided however that, no waiver shall be permitted which will
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grant a business advantage to the applicant or discriminate against
a business competitor.
SECTION 10: Ordinance number 67-3 of the City of Tamarac
shall be repealed and of no further force and effect after the
effective date of this act, except as to any violation thereof
which may have occurred prior to the effective date of this Ordinance
which violations may be fully prosecuted pursuant thereto as if
such Ordinance had not been repealed.
SECTION 11: All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 12: Should any section or provision of this Ordinance
or any portion thereof, or any paragraph, sentence or word be
declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder
hereof as a whole or any part hereof, other than the part declared
to be invalid.
SECTION 13; This Ordinance shall become effective immediately
upon its final passage.
PASSED FIRST READING this r day of
1972.
PASSED SECOND READING this1� day ofV t ^,
1972.
PASSED THIRD READING this (Z -4R day off ,
1972.
ATTEST:
HEREBY CERTIFY that I have
approved the form and correctness
of ORDINANCE
RECORD OF COUNCIL VOTE
Mayor Seltman
V'ic;L, Mayor Lame
COurlci;r'lIfl Joimson
Cou,iu:rnan s>iiultz
Councilwoman Massaro
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