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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-043This Ordinance Intrdduced By__ ii [7 ORDINANCE NO. --• AN ORDINANCE AMENDING CHAPTER 21 OF THE TAMARAC CITY CODE, AMENDING ALL SECTIONS THEREOF, INCLUDING SECTION 21-1 THROUGH 21-30; PROVIDING FOR A COMPREHENSIVE FORK FOR THE REGULATION OF THE CON - STRUCTION, ERECTION, PLACEMENT, REPAIR, ALTERATION AND MAINTENANCE OF SIGNS WITH- IN THE MUNICIPAL BOUNDARIES OF THE CITY OF TAMARA.C; PROVIDING FOR APPLICATION AND PERMITTING PROCEDURES; PROVIDING PERMIT FEES; PROVIDING FOR ANNUAL INSPECTIONS; PROVIDING FOR THE REVOCATION OF PERMITS; PROVIDING PROCEDURES FOR WAIVER AND EX- CEPTION; PROVIDING FOR NON -CONFORMING SIGNS: PROVIDING FOR THE METHOD OF EN - FORWENT OF THE REGULATIONS CONTAINED IN THIS CHAPTER; PROVIDING A PENALTY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; SPECIFICALLY RE- PEALING ORDINANCES 73-32, 74--33 AND 74-59; PROVIDING FOR THE REPEAL OF CON- FLICTING ORDINANCES AND CODE PROVISIONS; PROVIDING A SEVERABILiTY CLAUSE; PROVID- ING AN EFFECTIVE DATE. S�at1i��s rvrriQ,v, lc9-� Amended 11/24/75 Amended 12/11/75 WHEREAS, the City Council of the City of Tamarac, Florida, has determined, upon investigation and inquiry, that it is within the best interest of the citizenry of the City of Tamarac, Florida, to regulate and control the construction, erection, placement, repair, alteration and maintenance of signs to be constructed, located and maintained within the City of Tamarac, Florida, and WHEREAS, the City Council of the City of Tamarac, Florida, believes that the display of signs and other advertising structures should not adversely affect the residential areas of the City which closely adjoin and/or abut the business districts within the City, and WHEREAS, the City Council of the City of Tamarac, Florida, is desirous of reducing the possibility of traffic accidents by the elimin- ation or reduction of distractions to drivers, and WHEREAS, the City Council of the City of Tamarac, Florida, is desirous of restricting ercial activity in residential neighbor- hoods, and WHEREAS, the City of Tamarac, Florida is particularly unique in aesthetic design of such quality that the element of aesthetic considera- tion has become and is an integral part of municipal comprehensive planning and regulation, and WHEREAS, the City Council of the City of Tamarac, Florida, is conscious of the need to encourage, promote and preserve the aesthetic qualities of the City to the effect of maintaining a pleasant, neat and uncluttered community environment in the best interests of the residents and business persons of the City, and WHEREAS, the City Council of the City of Tamarac, Florida, believes that it is desirable to amend Chapter 21 of the Tamarac City Code, includ- ing all sections thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF �v��u►��:�.ri SECTION 1: Statement of Purpose: The purpose of this Ordinance is to create a comprehensive framework and balanced system of sign control, thereby facilitating a clear and pleasant communication between people and their environment, and to lessen the possibility of traffic hazards and to reduce commercial traffic in residential neighborhoods. SECTION 2: Definitions: The following phrases, words and terms shall have the following meanings and basic limitations: 1. ADVERTISING SIGN: A sign or sign structure situated upon or attached to real property, including the improvements thereon, intended for advertising purposes and to aid, directly or indirectly, in the sale, use or promotion of a product, carmmodity, service, activity, or entertain- ment, or to aid, directly or indirectly, in the sale of real or personal property- 2. ANIMATED SICK: A sign which utilizes motion of any part by any means, or displays flashing, oscillating or intermittent lights and/or lighting. 3. ANNOUNCING SIGN: A sign announcing a project to be under construc- tion or an intended use of the premises in the immediate future. 4. BANNER SIGN: A sign having the characters, letters or illustra- tions applied to cloth, paper or fabric of any kind with only such material for backing. 5. BENCH SIGN: Any sign painted on/or attached to a bench. -2- 6. BILLBOARD: A structure utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located. 7. BOX OR CABINET SIGN: Any sign, the face of which is enclosed, bordered or contained within a boxlike structure, frame or other device. 8. CANTILEVER SIGN: Same as Projecting Sign. 9. CITY: The word "City" as used herein shall mean the City of Tamarac, unless the context clearly discloses a contrary intent. 10.. COMMUNITY SERVICE SIGN: A sign which advertises solely a function of a non-profit organization or corporation.. 11. DIRECTIONAL SIGN: a. A non --commercial sign permanently erected or permitted to be erected and maintained by the City, Broward County, or the State of Florida, or any agency thereof, to denote the name of any thoroughfare, the route to any city, town., village, educational institution, public building, park, recreational facility, or hospital; to direct and regulate traffic, to denote any transportation or transmission oampany for the direction or safety of the public. b. A non-commercial sign, notice, or symbol for the information of the Federal Aviation Agency as to locations, directions, landings and condi- tions, affecting the safety of aircraft and aviation. c. A non-commiercial sign, notice or symbol as to the time and place of regular civic meetings and religious activities and services. d. A non-commercial sign located on and relating to an activity on the premises upon which the sign is located, providing information to pedestrian and vehicular traffic, e.g., "entrance", ""exit'", "caution", and "no trespassing". 12. DIRECTORY SIGN: An index consisting of multiple names of tenants of an office building or a shopping ooZplex. 13. DOUBLE-FACED SIGN: A sign with two faces which are usually, but not necessarily, parallel. 14. GRAND OPENING SIGN: A temporary sign announcing the first opening MM of a business not previously conducted in the City by the same person(s), at the location; may be paper, cloth, banner and/or pennants. 15. GRDTND OR FREE-STANDING SIGN: A self -supported sign not attached or affixed in any way to a building or any other structure. 16. ILLEGAL SIGN: A sign installed without a permit as required by this Ordinance. 17. ILL=ATED SIGN: Any sign having characters, letters, ,figures, designs, logos or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign. 18. LEASING SIGN: A sign indicating vacant, unimproved property, vacant store, house, building or apartment for lease or rent. 19. MARQUEE SIGN: A sign attached to or hung from a canopy or covered structure projecting from, and supported by a building, when such canopy or covered structure extends beyond the building. 20. MODEL ARPDW SIGN: A sign pointing to development project models having just one word "models" thereon, an array and/or logo, but no commercial advertising. 21. MODEL OFFICE SIGN: A sign identifying a project - model sales office. 22. MODEL SIGN: A sign which designates a particular dwelling unit design which is not for sale, but rather represents other units of a similar design that are for sale. 23. NAMEPLATE OR OWNER DESIGNATION SIGN: A sign, other than a Directory Sign, indicating the name, and/or profession or address of the person or persons residing on the premises or legally occupying the premises, provided that no such sign shall include letters and/or other symbols exceeding four (.4) inches in height. 24. NCN-OMMPMING SIGN: A sign or advertising structure existing within the city limits on the effective date of this Ordinance or a sign or advertising structure existing in an area annexed to the City after the effective date of this Ordinance which, by its design, height, type, content, electrical wiring, square foot area, location, use, or structural =W support or otherwise does not conform to the requirements of this Ordinance. 25. PAINTED WINDOW SIGN: A permanent sign painted on a store front window or door, indicating main or accessory uses of the business, provided the area of such signs shall not exceed twenty-five (25%) percent of the glass area to which said signs are affixed. 26. PAPER WINDOW SIGN: A temporary sign displayed within glass display windows for promotion of the business conducted therein, provided the area of such signs shall not exceed fifty (50%) percent of the glass area to which said signs are affixed. 27. PAINTED WALL SIGN: A sign painted on any outside wall of any building. 28. PARAPET: A false front or wall extension above the roof line of any building. 29. PERMANENT SIGN: Any sign which, when installed, is intended for permanent use. For the purposes of this Ordinance any sign with an intended use in excess of twelve (12) months from the date of installation shall be deemed a permanent sign. 30. POLE SIGN: A sign erected upon a pole or poles and which is wholly independent of any building and/or other structure for support. 31. POLITICAL SICK: Any sign which indicates the name, cause or affilia- tion of anyone seeking public office, or which indicates any issue for which a public election is scheduled to be held. 32. PRICE RATE GAS SERVICE STATION SIGN: A sign indicating gasoline and/or pertroleum product prices. 33. PROMDTIONAL GAS SERVICE STATION SIGN: A sign or signs indicating a service, such as mechanical or tune-up, and credit card logo. Also a special sale or gift notice. 34. P"ECTING SIGN: A sign attached to and supported by a building or other structure and which extends at any angle therefrom. 35. REAL ESTATE SIGN: A sign, whether permanent or temporary, erected by the Owner, or his agent, indicating property which is for rent, lease or sale. -5- z 36. REMODELING CONTRACIOR SIGN: A sign designating the name of the general and/or sub -contractor undertaking the remodeling and/or renovation of an existing structure. 37. ROOF SIGN: A sign erected over,, across or on the roof of any building extending above the roof line, which is dependent on the roof, parapet or upper walls of any building for support. 38. SIDEWALK OR SANDWICH SIGN: A movable sign not secured or attached to the ground. 39. SIGN: Any structure and all parts composing the same, together with the frame, background or support therefore, which are used for advertising, for display purposes or any statuary, sculpture, molding, or casting used for ad- vertising or display purposes, or any flags, bunting or material used for dis- play or advertising purposes, or for the purpose of bringing the subject matter thereof to the attention of another. 40. SIGN AREA: The square foot area enclosed by the perimeter of the sign face. When a sign is composed of individual letters only, then the sign area is the area enclosed by the perimeter line enclosing all letters. Vben a sign is a ground sign, then the square foot area from the ground to the max - imam height and width is the sign area. 41. SIGN FACE: The part of the sign that is or can be used for communi- cation purposes. 42. SNIPE SIGN: A sign which is tracked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, or fences, or to other objects with the message appearing thereon not applicable to the present use of the premises or structures upon which such sign is located. 43. SUBDIVISION SIGN: A sign designating a residential area. 44. TEMPORARY SIGN: Any sign intended for use not permanent in nature. Foy the purposes of this Ordinance any sign with an intended use of twelve (12) months or less shall be deemed a temporary sign. -6- 45. VEHICLE SIGN: A sign affixed to a transportation vehicle, including automobiles, trucks, boats, trailers and campers, for the purpose of identifi- cation only. 46. WALL SIGN: A sign which is affixed to an exterior wall, marquee, or mansard of any building or structure and which is approximately parallel thereto and supported by said wall, marquee, mansard or building. SECTION 3: Sign Permit Required: It shall be unlawful for any person to erect, alter, relocate or display within the City any sign or other adver- tising structure as defined in this Ordinance without first obtaining a sign permit from the Chief Building Official of the City of Tamarac and paying the fee required by this Ordinance. All illuminated signs shall, in addition, be subject to the provisions of the electrical code and the South Florida Build- ing Code, Broward Edition, and the permit fees required thereunder. No permit shall be required for refurbishing a sign, provided copy is not changed. Pro- vided that cost of any repair does not exceed fifty (50%) percent of the orig- inal cost of the sign and provided no electrical rq)airs are necessary, except for normal maintenance. SECTION 4: SIGNS EXEMPT FROM PERMIT -PERMIT FEE REQUIREMENTS: Persons desirous of and seeking to erect the signs specifically set forth hereinafter shall be exempt from the requirements of Section 3, hereinabove and for the payment of fees therefor , as set forth as Section 7 hereinafter; provided, however, that this exemption shall in no way exempt the owner of such sign or such sign from the requirements as to structural fitness and/or safety as set forth in the Ordinance and/or the South Florida Building Code, Broward Edition, or other limitations specified in this Ordinance. 1. Real estate signs when size and location conform to this Ordinance. 2. Community Service Signs posted with City council's approval. 3. Model Name:Signs as limited in this ordinance. - 4. Model Arrow Signs as limited in this Ordinance. 5. Non -Commercial Information Signs not exceeding six (6)square feet in area. 6. Paper window and/or Fabric Signs or Special Sale Signs in B-1, B-2 and B-3 zoning districts, provided that such signs do not cover in excess of fifty (50%) percent of the glass area to which said signs are affixed. -7- 1312 7. Signs installed under the direction of a Federal, State, County and/or City agency, on public property or on the public rights -of -way. 8. Nameplate or Owner Identification Signs when letters for said signs do not exceed four (4) inches in height and when said signs do not exceed (2) square feet in area. 9. Vehicle Signs except when said Vehicle Signs are utilized at a specific location or site for advertising purposes in addition to or in lieu of a perm- anent or temporary sign as permitted under this Ordinance. (See Prohibited Signs) 10. Remodeling Contractor Signs as limited in this Ordinance. 11. Price Rate Gas Service Station Signs as limited in this Ordinance. 12. Promotional Gas Service Station Signs as limited in this Ordinance. SECTION 5; APPLICATION FOR INITIAL SIGN PERWT: Application for initial sign permit, when required by the terms of this Ordinance, shall be filed upon blanks and forms provided by the Building Department of the City with the Chief Building Official. The application shall provide for the follow- ing information: I. Name, address and telephone number of applicant. 2. Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be erected. 3. Type of sign or sign structure. 4. Cost of sign stated in dollars, to the nearest whole dollar. 5. Nine (9) blueprints or inked drawings of the plans and specifications and method of construction and attachment to the building or in the ground, which blueprints or inked drawings shall be to scale, showing the square foot area of the sign as well as the sign face, height of letters, colors, materials, lighting, equipment, if any, and the proposed signs position relative to buildings and/or property lines; provided, however, that in the event the proposed sign exceeds tWbn ty-four (,q 4square feet in area, three (3) of the blueprints or inked drawings shall have affixed thereto the seal of an engineer registered in the State of Florida, including wind load criteria as per South Florida Building Code, except where the sign consists of individually mounted letters. W-D 6. Name of person(s), firm(s), corporation(s), or associa- tion(s) erecting the sign and/or structure. 7. Written consent of the owner of the building, structure or land to which or on which the sign or structure is to be erected, relocated, maintained or altered. 8. Any electrical permit required and issued for said sign(s). Application requesting electrical permit for proposed sign, if required, must accompany sign application. 9. Name of sign contractor and City Certificate of Com- petency number. 10. Such other information as the Chief Building Official may require to show full compliance with this and all other laws and ordinances of the City of Tamarac. SECTION 6: Issuance of Sign Permit: It shall be the duty of the Chief Building Official of the City upon the filing of an application for an erection permit, to examine such plans and specifications and other data required hereunder and to inspect and examine the premises upon which said sign or structure is proposed to be erected, and if it shall appear that the proposed sign and/or structure is in compliance with all the requirements of this ordinance and all other laws and ordinances of the City , the Chief Building Official shall then submit said application, together with the written recommendations of the Chief Building Official, to the Beautification Committee of the City for review and approval prior to the issuance of a permit,. The said Beautification Committee shall then examine such plans and specifications and consider the visual impact and effect on adjacent residential properties as well as conformance to the pro- visions of this Ordinance and approve, modify or disapprove the application. After approval by the Beautification Committee, the Chief Building Official shall cause a written permit to be issued authorizing the installation or erection of the reference sign. In the event the Beautification Committee rejects the application for a sign permit it shall state with specificity to the applicant - 9 - 1I J the grounds therefore, and the applicant may, pursuant to this ordinance, seek a waiver. With each permit issued, the Chief Building Official shall also cause a label to be issued bearing the number of the permit and further ident- ifying with specificity, the sign which the permit authorizes. This label shall then be affixed to the sign or to an adjacent area by the permittee in a manner so that the label will be readily visible for inspection purposes. The absence of such a label upon any sign constructed or installed within the City shall be rima facie evidence of failure to meet requirements of this Ordinance. SECTION 7: Permit Fees: As a condition precedent to the issuance of a permit, the Chief Building Official of the City . shall collect for each sign permitted, the following: area. 1. For permanent signs -fifty (50�) cents per square foot of total sign 2. For temporary signs - seventy-five (75G) cents per square foot of sign face only. 3. Regardless of size, the minimum charge for the issuance of any permit under this section shall be six ($6.00) dollars. 4. Any electrical permit required will be an extra charge, with a minimum charge of fifteen ($15.00) dollars. sign. 5. Any relocation of an existing sign, same fee shall apply as for a new 6. Chief Building Official shall keep a card file inventory of all sign permits, including a photo of each sign for ready reference as to ownership and periodic inspection without fee. SECTION 8: Regulations Governing Signs Generally: Signs erected or maintained in the City under and pursuant to the provisions of this Ordinance shall be subject to the following regulations, irrespective of the nature, size and/or location of said sign: -10- 57 a. Not to interfere with public: No sign shall create a traffic or fire hazard, or be dangerous to the general welfare of the citizenry or interfere with the free use of public streets or sidewalks. b. Not to create traffic hazards or distractions to drivers: No sign shall be constructed, erected, used, operated or main- tained so as to display intermittent lights to the extent of confusing or distracting a motorist, so as to display inter- mittent lights resembling or seeming to resemble the flashing lights which are customarily associated with danger or which are customarily used by police, fire or ambulance vehicles, or for navigational purposes. C. Not to imply nonexistent danger: No sign shall be con- structed, directed, used, operated or maintained which uses the word "STOP" or "DANGER" or presents or implies the need or require- ment 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 a part of attraction titles for a broadcast, motion picture, theater event, opera or concert event, or when they are used in adver- tising, so long as they are not used to simulate, copy or imply any official traffic warning, either for vehicles or pedestrians. d. Not to interfere with traffic control devices: No sign shall be constructed, directed, used, operated, or maintained so as to provide background of colored lights blending with the traffic signals to the extent of confusing a motorist when viewed from a normal approaching position of a vehicle at a distance of twenty-five (25) to three hundred (300) feet. e. Not to be attached to trees, utility poles, bus benches, etc.: No sign shall be attached or otherwise applied to trees, utility poles, bus benches, trash receptacles or any other un- approved supporting structure. f. Not to have spinning or strings of spinning devices: No sign shall have spinning, or strings of spinning, or similar type devices. g. Not to be infirmly affixed: Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure shall be prohibited. h. Not to advertise accessory commercial use: No sign indicating the presence of an accessory commercial use in a hotel, motel or apartment building located in a residential district shall be constructed, erected, used, operated or maintained so as to be visible from a public street, walk, or other public way. i. Not to be of an immoral nature: No sign shall display any statement, word or character or illustration of any obscene, indecent or immoral nature. j. Not to be erected on public property: No sign other than signs placed by agencies of governments shall be erected on any public property. No sign shall be placed on any utility pole except for utility identification or similar purpose. k. Not to be allowed to fall into disrepair: All signs must be kept in good condition, neat appearance and good state of repair. Any sign at least fifty (5o%) percent destroyed must be immediately removed at the owner's expense and a new permit secured before the sign is replaced. If not repaired within a reasonable time, the sign shall constitute a public nuisance and shall be removed by the City at the owner's expense. 1. Removal of certain signs: Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down, obliterated, or removed by the owner, agent or person having beneficial use of building or structure upon which such sign may be found within ten (10) days after written notification from the Chief Building Official or Code Enforcement Officer, and, upon failure to comply with such notice within the time specified in such order, the Chief Build- ing Official or Code Enforcement Officer,is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property, building, or structure to - 12 - which such sign is attached or affixed, and if such expense is not paid with- in thirty (30) days from the date of the notice of such expense for removal, then and in that event the City shall have the right to impress a lien upon the real property upon which such sign is located and shall have the continuing right to foreclose such lien, in accordance with general law in a Court of Competent Jurisdiction. m. Imprint of owner's name or maker's name: All signs shall be marked with the maker's name, registry number of the permit issued therefore. SECTION 9: Prohibited Signs: The following signs shall neither be con- structed, erected, placed, repaired, altered or maintained within the muni- cipal boundaries of the City of Tamarac: 1. Advertising signs or sign structures except where specifically per- mitted in this Ordinance. 2. Painted signs on wall or roof except in B-3, M-1 and M-2 zoning districts. 3. Billboards. 4. Fixed projecting signs. 5. Flashing illuminated signs. 6. Moving, rotating or animated signs, except a time and temperature unit which is permitted. 7. Commercial information signs in public rights -of -way, except as per- mitted by waiver in Section 16. 8. Pole signs. except as provided in Section 12, paragraph C--S 9. Roof signs. 10. Swinging projecting signs. 11. Sidewalk or sandwich signs. 12. Cantilever signs. 13. Benches carrying commercial advertising matter. 14. Exposed exterior neon tubes or bare bulb signs. 15. Banner signs, flags or pennants except for National, State or City flags and except for two flag banners per model office center not to exceed fifteen (15) square feet per flag, and where otherwise permitted in this ordinance. -13- 16. Vehicle signs when used on a given location or site in addition to or in lieu of a temporary or permanent sign permitted under this ordinance. 17. Signs projecting in excess of eighteen (18) inches from the structure upon which it is constructed. 18. Real estate signs in excess of the size permitted in this ordinance. 19. Signs located on sides of building unless said structure is located on a corner plot or in excess of twenty-five (25) feet from the side plot line. SECTION 10: Application of Regulations to Specific Temporary Si ns and Types of Signs: Notwithstanding anything to the contrary herein contained, and in addition to the other regulations and conditions set forth herein, the follow- ing regulations shall apply to each of the signs or types of signs referred to hereinafter and only such temporary signs as are prescribed herein below, which conform to and with the provisions of this Ordinance, shall be permitted to be erected or maintained upon any lot, plot or parcel of land or improvement thereon; provided, further, that no sign so permitted shall exceed six (6) feet in height above the crown of any abutting roadway. A. ANNOUNCING SIGNS PERMITTED IN ALL ZONING DISTRICTS. 1. Signs announcing the subdivision and improvement of property and/or the character and the sales price range of an intended building enterprise may be erected on such property after the final site plan has been filed with the City. One such sign not exceeding sixty-four (64) square feet in display surface shall be permitted. Also only one sign per project shall be permitted not exceeding sixty-four (64) square feet in display surface on which the names of all the contractors, engineers and architects may be shown. 2. Sign may not be posted for longer than ninety (90) days after the last certificate of occupancy is issued for the building and/or unit within the last building or structure. -14- �r . Such sign shall be removed provided building has not commenced within 12 months of a final site plan approval by the City. B. MODEL SALES OFFICE SIGNS PERMITTED IN ALL RESIDENTIAL _._ DISTRICTS: 1. Model Sales Office Signs. One sign erected to identify a model sales office, not exceeding thirty-two (32) square feet shall be permitted. 2. Model Name Signs. Signs erected to identify various models, not exceeding four (4) square feet shall be permitted. No permit shall be required. 3. Model Arrow Signs. Signs having just one word "Models" and an arrow and/or logo not exceeding one hundred forty- four (144) square inches per sign face (6" x 2411) may be permitted provided that no more than three (3) such signs are placed with regard to any one model center. No permit shall be required. 4. Model Office Center Flags. Two (2) flag banners per model center not to exceed fifteen (15) square feet per flag shall be permitted. No permit shall be required. C. POLITICAL SIGNS Political signs may be erected or employed for a period of 30 days prior to the first date of any election and may remain for a period of five (5) days after the last election date re- lating to any election campaign without a permit pursuant to the following terms and conditions: A. A maximum sign of 32 square feet may be placed on private property with the permission of the owner. B. Signs, bumper stickers on motor vehicles which do not involve dangerous obstruction to the operator's control of such vehicle, shall be permitted. C. Signs covering glass areas of store windows shall not be subject to any limitation with respect to the coverage of such windows. D. No poster or snipe signs attached to trees or utility or similar poles shall be permitted. E. No signs in public rights -of -way or on any public property shall be permitted. D. REAL ESTATE SIGNS PERMITTED IN ALL ZONING DISTRICTS: 1. One non -illuminated real estate sign by owner or his agent, not to exceed four (4) square feet in area, shall be per- mitted on a plot provided that such sign is located at least ten (10) feet from the street pavement abutting the plot; provided, also, that said sign is removed immediately after a sale or a rental has been made. Corner properties are allowed one (1) sign per street front and golf course and canal lots are allowed, in addition, one (1) sign in the rear yard. Vacant stores, offices or apartment complexes shall be permitted "For Lease" signs on the exterior of such buildings not to exceed thirty-two (32) square feet of sign face. Vacant land "For Sale" shall be permitted one sign not to exceed thirty-two (32) square feet of sign face. "Open for Inspection" signs are permitted not to exceed four (4) square feet, only when the owner or agent is on the premises. E. REMODELING SIGNS IN ALL DISTRICTS: Signs showing the name of the contractor, profession or trade involved in the re- modeling may be permitted during the time of construction only and such sign shall not exceed four and one-half (42) square feet (18" x 36") of sign face. No permit shall be required. F. GRAND OPENING SIGNS: Grand opening signs for indi- vidual stores not in excess of (100%) one hundred per cent of glass area and not to exceed a thirty (30) day period of display and not later than sixty (60) days after the opening of a business. May be a banner and/or pennant type hung from a marquee or on an exterior wall or parapet of building of said business. SECTION 11: Construction, Desi n and Location of Signs: Any and all signs permitted by this ordinance to be constructed, erected, placed, repaired, altered or maintained within the muni- cipal boundaries of the City - 16 - shall be so constructed, designed and located as hereinafter provided: 1. 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. 2. 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 build- ing or structure by bolts, anchors, chains, cables, or guys, all of which must be metal, provided by the code. 3. Wood. All wood permitted to be used, either for new signs, for replacements of existing signs, or for any part there- of,, shall be of rot and deterioration resistant materials. 4. Determination of size of Wall and Ground Signs. The size of wall signs shall be measured and determined in the follow- ing manner: when a sign consists only of individual letters, de- signs, or figures, fixed on a wall, the total area of the sign shall be the sum of the square foot area of the rectangle formed by the outside perimeter of such letters or designs or figures. When a sign is a ground sign, then the square foot area from the ground to the maximum height and width is the size. S. Location of signs shall be determined by the Beautifi- cation Committee by considering the overall visual effect on adjacent business or residential properties. 6. Illuminated Signs must be of translucent type, back lighted so that the light source is not visible No illuminated signs shall face a residential district in such a way as to be a nuisance to the residential district at night. 7. Once erected, no additional signs shall be attached to an approved sign on a temporary or permanent basis, 8. Necessary signsforthe control of traffic on private - 17 - 1 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 six (6) square feet and the top of which shall not be higher than six (6) feet above grade. 9. Whenever a new shopping center or office complex occurs, then all wall signs permitted shall be of uniform type. The only exception shall be allowed when the major tenant in such center uses one type and the small stores all use another type. Also a uniformity in the height of such signs must be observed. 10. Wording on_wall signs shall be restricted to identification of the main use of the establishment and optionally four (4) accessory uses not to exceed twenty-five percent (25%) of total sign area. 11. In shopping centers or office complexes only the name and address of such shopping center or office complex shall be permitted on a ground sign. 12. No ground sign shall be located closer that fifty (50) feet from an existing ground sign. SECTION 12: Permanent Signs -.Requirements According to Zonin District: Only such permanent signs as are detailed herein below shall be permitted to be constructed, erected, placed, repaired, altered or maintained upon any building, lot, plot or parcel of land: A. R-1, R-1B, R-1C, R-2 Zonina Districts: 1. One nameplate sign which shall be permitted shall not exceed two (2) square feet of sign face per dwelling unit. 2. One subdivision entrance sign shall be permitted at each entrance not to exceed thirty (30) square feet of sign face or six (6) feet 4bove ground level. such sign shall not necessarily be built flush with the ground. Q010 f,�3 B. R-3, R-3U, R-4A, R-OA, R-0 Zonin2 Districts: 1. One (1) nameplate sign which shall be permitted shall not exceed two (2) square feet of sign face. No permit shall be required. 2. One ground sign and/or wall sign indicating the name and address of the complex, not to exceed seventy-two (72) square feet in overall area or eight (8) feet above the crown of any abutting street or road. The set- back from the front or side property line shall be a minimum of ten (10) feet. One such sign may be permitted at each entrance to the complex. Such ground signs shall be built flush with the ground on a masonry, metal or rot -resis- tant wood pedestal base at least two-thirds (2/3) as wide as the sign face. A planter box or other landscaping shall be at the bottom with curbing for pro- tection from vehicles. C. B-1, B-2, B-3, R-5,_ S-1 Zoning Districts: 1. One wall identification sign above the store front shall be permitted for each business conducted on the premises not to exceed twenty (20%) percent of the square foot area computed by multiplying the width of the store frontage by ten (10) feet. A mansard or marquee may be used for the location of such wall signs. However, in no case shall such signs project higher than the top of such mansard or marquee. Where the building contains only one business and is on a corner plot or in excess of twenty-five (25) feet from the side plot -line or, where a business has a corner location, then, one additional wall sign not to exceed the size permitted on the front shall be permitted on each side. In B-3 zone districts, painted wall signs shall be permitted. 2. A hanging marquee sign shall be permitted for each business conducted on the premises, attached to the underside of an existing marquee or canopy. Such sign shall not exceed six (6) square feet, provided that the lower edge of such sign is at least eight (8) feet from the sidewalk surface. 3. A nameplate identification sign shall be permitted on or near the front and/or the rear door of the business conducted on the premises with letters not in excess of four (4) inches in height and sign area not in excess of three (3) square feet. No permit shall be required. 4. One around sign indicating only the name and address of the complex shall be permitted in shopping centers and office buildings con- ='E taining multiple tenants. One ground sign shall also be permitted where a building is occupied by only one business. Such ground signs shall he built flush with the ground on a masonry, metal or rot -resistant wood pedestal base at least two-thirds (2/3) as wide as the sign face. A planter box or other landscaping shall be at the bottom with curbing for protection from vehicles. The size of such sign shall not exceed the limitations as follows: Width of Frontage Maximum Height Maximum Overall (in feet along front (from crown of size (of sign area right-of-way line) abutting street) permitted in square feet) 0 _ 99 0 0 100 - 199 8 40 200 - 399 12 80 400 + 20 160 The maximum height of any ground sign shall not exceed two and a half (2 1/2) times the height of the sign face. The setback from the front and/or side property line shall be a minimum of ten (10) feet. S. Director Signs: One directory sign per street frontage shall be permitted in shopping centers or office buildings on an exterior wall or within the parking lot of the building on poles, containing such businesses or offices. The maximum size of the signs shall be 32 square feet - for buildings up to and including 200 feet of lineal frontage. On larger lineal frontage the formula of 160 of the lineal frontage shall be applied uE to a maximum of 64 square feet. The maximum height of signs up to 32 square feet shall be 14 feet above crown of road. On signs larger than 32 spuare feet the height shall be limited to 20 feet above crown. The letters on signs shall not exceed 8 inches in height and minimum of 4" apart. No part of the sign shall be closer than 10' feet from any property line. All poles should be protected from vehicular traffic by continuous curb laced no less than 4' from the base of the poles. There must be a planted area below the sign maintained by the complex owner. 6. Theatres, playhouses, other entertainment establishments, and other establishments presently having changeable copy signs, shall be permitted an add- iti.onal wall sign to display changeable copy not to exceed eighty (80) square feet in sign face. Multiple theatres shall be permitted additional sign area, not to exceed twenty-four (24) square feet per addtional screen. 7. Time and Temperature Signs. Signs showing the time and temperature may be permitted as part of allowed ground signs in business districts provided that not more than four (4) feet in height is added to the allowable height of the ground sign. 8. Auto Gas Service Stations. Due to the special and unique situations concerning the auto gas stations, the following signs shall be permitted (a) Price Rate Gas Service Station Sign. One price rate -20- sign, per street front, will be permitted not to exceed fifteen (IS) square feet, providing such sign shall be located at the gas pump island or on the main building. (b) Promotional Gas Service Station Signs. Various pro- motional type signs advertising a service, convenience, or gift, shall be per- mitted providing that such signs are placed on the window or within thirty-six (36) inches of the main building. Such signs shall, be grouped into an area per street front not exceeding thirty (30) square feet. (c) One wall identification sign per street front shall be permitted not to exceed fifty (50) square feet in sign area. 9. Painted Permanent Window Signs. Signs painted on windows advertising main and accessory use in business shall be permitted not to exceed twenty-five (25%) percent of the total glass area used. 10. Entrance Signs shall be permitted to control in and out traffic. Such signs shall bear no advertising and shall not exceed six (6) feet in height from the crown of any abutting street and shall not exceed six (6) square feet in sign face. No permit shall be required. 11. Business serving beer on the premises shall be permitted one neon logo sign to be displayed within six ( 6 ) inches -of the interior of the glass window area. No permit shall be required. D. M-1, M-2 ZoninjZ Districts. 1. One nameplate or identification sign pertinent shall be per- mitted on or near the front and/or rear door of the building with letters not in excess of four (4) inches in height and sign area not in excess of three (3) square feet. No permit shall be required. 2. One wall identification sign shall be permitted not to exceed twenty (20%) percent of the square foot area computed by multiplying the width of the building frontage by ten (10) feet. 3. Painted signs on wall shall be permitted not to exceed the size specified above. SECTION 13: Revocation of Permits: A. Each and any permit issued hereafter pursuant to the terms, con- ditions, regulations and provisions of this Ordinance may be revoked at any time by the Chief Building Official of the City or the Code Enforce- ment Officer of the City, upon the determination of either of them that a par- ticular sign exists and its existence is not in -21- 1 1 full compliance with the provisions of this Ordinance; provided, however, that the Chief Building Official of the City . . or the Code Enforcement Officer of the City has notified the owner of such sign, in writing, of such defect or noncompliance and the owner of such sign has not remedied the defect or issue of noncompliance within the thirty (30) days allowed for the remedy of such defect or issue of noncompliance in accordance with the terms of Section 14, herein set forth. B. In the event the applicant or owner of a sign proposed to be erected pursuant to the issuance of a valid permit for the erection, establish- ment or placement thereof has failed to construct, erect, establish or place the sign for which the permit was issued within three (3) months subsequent to the date of the issuance of said permit, then and in that event, said permit shall be automatically revoked and shall be of no further force and effect. Any individual erecting such sign after the revocation shall be deemed in violation of the terms, conditions, regulations and provisions of this Ordin- ance as if said owner or applicant had never received and/or applied for a permit pursuant to the terms of this Ordinance. SECTION 14; Non -conforming Signs; Effective Date for Removal: All non- conforming signs existing within the City on the effective date of this Ordinance, and all non -conforming signs existing in an area annexed to the City after the effective date of this ordinance, where such signs are located, constructed and maintained upon the property whereon the business advertised is being conducted, shall be allowed to remain until such time as the structure or sign falls into a state of disrepair equal to an expense of fifty (50%) percent of the original cost of the sign. Proof of sign cost shall be supplied by the owner. All non -conforming signs existing within the City limits of the City on the effective date of this Ordinance, and all non -conforming signs existing in an area annexed to the City after the effective date of this Ordinance where such signs do not advertise the business being conducted on the property on which such signs are erected, constructed and/or maintained and all commercial signs located on or upon public rights -of -way shall be removed not later than ten (10) days from the date that the owner of such sign receives a "notice of removal" from the Chief Building Official of the City. The City reserves --22- tz the right to remove any such non -conforming signs in the event the owner thereof fails to comply with the provisions hereof, and the City is hereby vested with the authority to appropriate the materials obtained from such signs and to credit the value thereof to the owners against the cost of such removal. 1. No new sign or sign structure conforming to the requirements of this Chapter shall be erected on the same lot, plot and/or parcel upon which is situated an existing non -conforming sign, until such non -conforming sign is removed or made conforming; provided, however, a conforming sign for a business or firm separately owned or operated may be erected on said firm's portion of the same lot, plot or parcel where non -conforming signs exist, provided that all other criteria of this Chapter are met. 2. All signs which were or are installed in violation of previous Ordinances of the City regulating and governing the erection, construction, placement, repair, alteration and maintenance and/or signs erected, constructed and/or placed without a permit being issued by the City shall not be considered "non -conforming" signs and shall be caused to be removed by the Chief Building Official immediately, with or without notice. 3. In the event an owner of a non -conforming sign labors under a par - titular hardship, an application for the waiver of the requirements of this Section may be made under the provisions of Section 15 of this Chapter. 4. PROVIDED, HOWEVER, that this provision, and the terms hereof, shall not apply to any signs over which the Department of Transportation of the State of Florida has enforcement jurisdiction under the provisions of Florida Statute Chapter 479, Section 479.02 thereof. SECTION IS: Waivers; Exception: It is recognized by the City Council of the City that due to the diversity of the development of the City the rules and regulations provided herein do not and cannot address all situations pertaining to the construction, erection, placement, repair, altera- tion and maintenance of signs within the municipal boundaries of the City. The City Council is, therefore, empowered to grant a waiver and excep- tion from the provisions of this Ordinance in cases of hardship. In the event a person is desirous of seeking a waiver and exceptions to the provisions of this Ordinance, such person, or his authorized agent, shall file a petition in such form as determined by the Building Department of the City . . and shall simultaneously with the filing of such form, pay a. petition fee of twenty-five ($2S.00) dollars, which fee shall be used for the purposes of offsetting administrative expenses incurred by the City -23- f,f, in processing of said petition. The petition form shall elicit and provide for the following information: A. Name, address and telephone number of petitioner. B. Location of building, structure, or lot to which or upon which the sign or other advertising structure is located or is to be erected. C. Position of the sign or proposed sign in relation to nearby buildings and/or other structures. D. Two (2) blueprints or inked drawings of the plans and specifications and method of construction and attachment to building or in the ground. E. One (1) original and six (6) copies of said petition shall. be submitted, through the Building Department of the City to the Beautification Committee of said City. Within thirty (30) days of the receipt of the petition and the payment of the required fee, the Beautification Committee shall consider the petition as an agenda item. Within thirty (30) days after the consideration of the Beautification Committee, the City Clerk shall then cause said petition to be placed on the agenda of the City Council for it's consideration, and said petition shall be accompanied by the written recommendations of the Beautification Committee. In the event the waiver and exception is granted by the City Council, said City Council shall cause a Resolution to be issued, stating the terms and conditions upon which the waiver and exception has been granted and shall, cause a copy of said Resolution to be made a part of the municipal records of the City. SECTION 16: Administration and Enforcement: 1. The Beautification Committee of the City shall be charged with the responsibility of the review of all initial sign permit applications, pursuant to the terms, conditions and regulations spec- ified in this Ordinance, and no initial sign permit shall be issued without the approval of the Beautification -24- Committee, except by grant of waiver and exception under the pro- visions of Section 15 hereof. 2. The Chief Building Official of the City and all building inspectors working under the supervision of said Chief Building Official., and/or the Code Enforcement Officer of the City shall have the right and shall enforce the provis- ions of this.Ordinance and, further, the Chief Building Official and all of his subordinate inspectors and the Code Enforcement Officer of the City are hereby authorized and directed to remove all signs from areas in which such signs are prohibited by this Ordinance or which are erected, constructed, placed,repaired, altered or maintained contrary to the provisions of this Ordinance; provided however, notice of violation shall be served upon the establishment setting forth the details of the violations and shall provide for a period of ten (10) working days from the receipt of said notice for corrections. SECTION 17: Violations; Penalties; Continuing Violations and Penalty therefore: Any person violating any of the terms, con- ditions, regulations or provisions of this Ordinance shall be punished by a fine of not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars per violation. Any con- tinuing violations of the terms, conditions, regulations or pro- visions of this Ordinance may be enjoined and restrained by in- junctive order of the Circuit Court in appropriate proceedings instituted for such purposes. SECTION 1S: All ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 19: Ordinance numbers 73-32, 74-33 and 74-59 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 -25- 4� 1 date of this Ordinance which violations may be fully prosecuted pursuant thereto as if such ordinance had not been repealed. SECTION 20: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be de- clared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 21: This Ordinance shall become effective immediately upon its passage and approval by the City Council. PASSED FIRST READING this day of ,1975. PASSED SECOND READING this day of^ G, �.a� , 1975. ` 9 PASSED THIRD READING this W � day of ����, 1975. ATTEST: —� CITY CLERK I HEREBY CERTIFY THAT I have approved the form and correct- ness of this Ordinance. r S►ds2 RECORD OF COUNCIL VOTE MAYOR D. JOHNSON V/M M. GLICKSMAN �I C/M W. FALCK� C/W H. MASSARO C/M 0. TUCKER rtA,ty et I-( — PU LA, �� r P1ly Lie Rf� F'1tlyA-4-L-1