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HomeMy WebLinkAbout870-04 Amend LDC re. Signs ORDINANCE NO. 870-04 111111 IIIII I!IIIIIIII1111111111I1III1IIIlli111I II11111111 2004070680 AN ORDINANCE BY THE CITY OF ZEPHYRHILLS CITY COUNCIL AMENDING AND SUBSTANTIALLY REWORDING ARTICLE VIII OF THE LAND DEVELOPMENT CODE, PARTS 8.01.00 THROUGH 8.07.00 SIGNS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS AND EXEMPT SIGNS; PROVIDING FOR PROHIBITED SIGNS, PERMITTED SIGNS AND NONCONFORMING SIGNS; PROVIDING FOR THE PROHIBITION OF BILLBOARDS AND BENCH SIGNS; PROVIDING FOR REPEALER, MODIFICATION, SEVERABILITY, INCLUSION IN CODE,AND AN EFFECTIVE DATE. Rept: 775379 Ree: 109.50 DS: 0.00 IT: 0.00 04/21/04 Dpty Clerk WHEREAS, the City Council of the City of Zephyrhills ("City Council") previously adopted definitions, permit procedures, and regulations, relating to the installation, construction, placement, and erection of signs in Zephyrhills; and WHEREAS, these sign provisions were codified at Article XIII, Definitions, Article VIII, Signs of the City of Zephyrhills Land Development Code; and WHEREAS, the City Council finds and determines that these provisions are in need of updating and revision, to reflect current law and to better protect the citizens of Zephyrhills from the impacts of excessive signage; and ( JED PITTMAN PASCO COUNTY CLERK' 04/21/04 09:01am 1 of 24 WHEREAS, the City Council finds and determines as follows ' OR BK 5816 PG 1594 (a) Federal and state courts have recognized that local governments lawfully may regulate on-site signs to protect and enhance the aesthetics and quality of life in a community under the police powers of the government. • (b) Such courts also have recognized that distance and size limitations on signs may be imposed in the interests of protecting the aesthetic atmosphere and environment in a community, as well as protecting against traffic hazards caused by distracting and protruding signs, among other purposes. (c) The City Council has determined that the City's sign laws, as modified herein, properly limit and protect the City against: (1) The unlimited'proliferation in number and location of on-site signs, including portable signs; (2) Construction and placement of overly huge, animated, flashing and other aesthetically unpleasant signs which dominate and detract from the surrounding visual environment; (3) Commercial and other signs being placed in residential neighborhoods which unpleasantly commercialize and clutter such neighborhoods for residents and travelers, as well as overly-large signs in zoning districts disproportionate in size for the intensity of the uses permitted and permissible in such districts; Record and Return to: - .. City Clerk's Office < 1 5335 8th Street Zephyrhills, FL 33542 ` OR BK 5816 PG 1595.. 2 of 24 (4) Signs being constructed and placed without first obtaining proper permits for them or permission of the owner or occupant of the property on which the signs are placed; (5) Signs failing to be properly maintained once erected and placed; and (6) Signs that are placed dangerously in or near street intersections and rights-of- way, driveway access points and rights of ways, or intersections in parking lots so as to pose actual or potential hazards to traffic and pedestrians. (d) The City Council further finds that numerous municipalities and counties around the state and country have enacted sign control ordinances. These local governments have found that regulation of on-site signs benefits their communities by improving aesthetics and traffic control. Every level of court from the United States Supreme Court to state trial courts has upheld these findings of public purpose. The City Council adopts the findings of these numerous local governments. (e) Unregulated and uncontrolled signs cause distractions in traffic flow and create traffic safety problems. In addition, they lower the levels of service on city and county roads by slowing traffic. (f) Scholarly writings and studies indicate that clutter of uncontrolled and unregulated signs creates an environment which can financially injure a community. Unregulated and uncontrolled signs can injure the aesthetic appearance of a_city and thereby lower property values and the tax base. (g) The City Council, in regulating on-site signs, recognizes that businesses need some form of on-site sign to identify the use of property. WHEREAS, based on a review of recent legal authority and upon the direction of the City Council, City staff has developed proposed revisions to the City's sign regulations, in the Land Development Code; and WHEREAS, the purpose of these revisions is to clarify the intent of the existing sign regulations and further ensure that the regulations are consistent with all controlling laws, providing viewpoint neutral regulation of all signs in the City and providing, in all instances, that noncommercial speech is no more limited than commercial speech; and WHEREAS, pursuant to law, notice has been given by publication in a newspaper of general circulation in the County, notifying the public of this proposed ordinance and of a public hearing; and WHEREAS, a public hearing before the City Council was held pursuant to the published notice described above, at which the parties in interest and all other citizens so desiring has an opportunity to be and were in fact heard; and 2 OR BK 5816 PG 1596 3 of 24 WHEREAS, it is the express intent of the City Council that, should a court ever review and interpret its sign provisions, that all of the components of this ordinance be treated as severable and, regardless of any potential finding of unconstitutionality, that the minimum sign requirements as to size, number and location set forth in Section 3 of this Ordinance be enforced; and WHEREAS, the City Council finds that enactment of these revisions through its police powers will protect the public, safety and welfare of the residents of the City, including enhancement of the visual and aesthetic environment and natural scenic beauty of the City, and furthers the purpose, goals and objectives and policies of the City's Comprehensive Plan. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, as follows: SECTION 1. FINDINGS. The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. SECTION 2. SHORT TITLE. This Ordinance shall be known and may be cited as the City of Zephyrhills Sign Ordinance. SECTION 3. AUTHORITY AND POWER. Pursuant to the Constitution of the State of Florida and through Florida Statutes Chapter 166, Florida Statutes, the City Council is vested with the authority to adopt the City of Zephyrhills Sign Ordinance to be administered by the City Manager, or his designee. This ordinance shall be effective within the City limits of the City of Zephyrhills. SECTION 4. AMENDMENT TO SECTION 201. The provisions of Part 13.02.00 of Article XIII, Definitions, of the City of Zephyrhills Land Development Code, related to Signs are hereby amended as follows: PART 13.02.00. DEFINITIONS. Unless specifically defined below, words or phrases used in this Code shall be ascribed a meaning which they have in common usage and which gives this Code its most reasonable application. Abandoned Sign Any nonconforming on-premises sign or sign structure which bears no sign or copy for a period of six (6) consecutive months; or displays for a period of six (6) consecutive months information which incorrectly identifies the business, owner, lessor, or principal activity conducted on the site; or which through age, lack of maintenance or obsolescence no longer conforms to the applicable structural or maintenance standards. Activated Sign Any sign which contains or uses for illumination any light, lighting device, or lights which change color, flash, or alternate; or change appearance of said sign or any part thereof automatically; any sign which contains moving parts as part of its normal operation, such as rotating signs, shall be considered an activated sign. Additionally, a sign that depicts or contains copy which moves or appears to be moving, or emits audible sound, vapor, smoke, odor particles, or gaseous matter, or electronic reader boards. Advertiser 3 OR BK 5816 PG 1597 4 of 24 Any person who is a lessee or owner of a sign, an agent of same, or anyone who has beneficial use of a sign. Advertising Balloon A sign constructed from nonporous material, which is inflated and is designed to rise and float in the atmosphere. Included in this definition are those advertising balloons that represent the form of a person, place or thing. Aircraft that may meet this definition are not considered advertising balloons. Advertising balloons may be tethered or tied to the ground or may be designed to float freely in the atmosphere. Aggregate Sign Area When used in reference to the total allowable sign surface area, the total available display area of all sides or portions of a sign. Alter(Signs) This term shall include,but not be limited to, the following: the addition of sign surface area, the changing or relocation of light source, or the relocation of an outdoor advertising display from one position to another. "Alter" includes any and all structural changes in the sign, but shall not include the changing of copy on a sign which is designed as a changeable copy sign, or faces. Awning Sign A shelter supported entirely from the exterior wall of a building and composed of non-rigid materials (except for the supporting framework) upon which a sign is indelibly drawn, painted or printed. Banner Sign Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. "Banner" does not include ground signs or pole signs, regardless of whether the ground signs or pole signs are on- site or off-site, and does not include flags, emblems, or insignia of any nation, state, or political subdivision, religious, charitable, political, social or fraternal organization. All other flags shall be considered banner signs. Beacon Light Any light source, whether fixed or activated, which is designed to attract attention to a specific location,place or thing. Bench Sign A bench whose primary purpose is collateral with providing transportation service to the public upon which a sign is indelibly drawn,painted, or printed. Billboard See Outdoor Advertising Sign. Broker Identification Strip A strip of wood or like material or paper affixed to, around or upon a real estate sign to indicate the name of the broker advertising the sale of property. Building Frontage The linear length of a building facing a public street right-of-way, exclusive of alleys; or the linear length of the street right-of-way that faces the building,whichever is smaller. Canopy Sign A roof-like cover, attached or unattached, extending from the exterior wall of a building and composed of supporting framework of rigid materials upon which a sign is indelibly drawn, painted or printed. Changeable Copy Sign Any framed sign,illuminated or not,which is principally devoted to and designed for changeable text and graphics. This definition shall not include activated signs. Colonnade Sign 4 OR BK 5816 PG 1598 5 of 24 A sign suspended below the roof of a covered walkway, perpendicular to the façade of the structure, oriented to pedestrians and identifying the premises adjacent to it. Commemorative Decoration An embellishment placed to honor a certain event,person or place. Commercial Engaging in a business, enterprise, activity, or other undertaking for profit. Commercial District A commercial district is any parcel or parcels of land or water zoned OP, Cl, C2, and C3, or any areas designated and used for commercial purposes within a PUD/MPUD District as defined by Article II of the Land Development Code, as subsequently amended. Construction Sign Any sign giving the name of contractors, architects, consultants and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. Copy The letters, colors, text, or other graphics which comprise the message displayed upon the sign surface area. Directional Sign Any permanent or temporary sign which is used principally for the purpose of indicating the direction or location of any object, place, event or area including, but not limited to, those signs which indicate the avenues of ingress and egress from a particular premise, and bearing no additional advertisement beyond the name of the object, place or area. Directional signs shall not contain names, addresses or occupations of tenants. Directory Sign A sign which gives the name, address or occupation of the tenants of a building, including office directories; church directories; and shopping center, apartment, or townhouse directories. Double-Faced Sign A sign having two (2) display surfaces not necessarily displaying the same copy, which are parallel,back-to-back, and not more than forty-eight(48)inches apart. Erect To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs. This term shall not apply to copy changes on existing permitted signs. Establishment Any commercial, industrial, institutional, educational, office, business, social, fraternal or financial entity. Exempt Signs All signs for which permits are not required but which must, nonetheless, conform to the other terms and conditions of this Code. Fascia Sign. See Wall Sign. Festoon Fabric,paper,plastic or foil draped and bound at intervals. Government Sign Any sign erected by or on the order of a public official in the performance of his office or duty such as, but not limited to, traffic control signs, street name signs, warning and directional signs, public notices, historical markers, signs identifying governmental facilities, official commemorative signs, or signs of similar nature. Ground Sign 5 OR BK 5816 PG 1599 6 of 24 Any sign other than a pole sign which is placed upon or supported by structures or supports in or upon the ground and independent of support from any building. The base shall touch the ground and continue to top of the sign without any openings, and the finish shall be consistent with materials used on the building that the sign serves. "Ground signs" shall include monument signs. Height(Signs) The vertical distance measured from the finished grade at the base of the sign structure to the highest point of any sign. An elevation survey must be submitted with all applications for permanent on-site and off-site signs. Holiday Decoration An embellishment placed specifically for the purpose of celebrating a specific holiday, holiday event or holiday season. Identification Sign A sign which depicts the name or address of a building or establishment on the parcel where the sign is located as a means of identifying said building or establishment. Illegal Sign Any sign erected without a permit subsequent to the enactment of the Zoning Ordinance in ; and signs erected prior to or subsequent to the enactment of the Zoning Ordinance in in violation of the county, state, or federal regulations shall be considered illegal signs. Illuminated Sign An illuminated sign is one which either: (a) provides artificial light through exposed bulbs, lamps, or luminous tubes on the sign surface; (b) emits light through transparent or translucent material from a source within the sign; or (c) reflects light from a source intentionally directed upon it. Industrial District An industrial district is any parcel or parcels of land or water zoned LI, or any areas designated and used for industrial purposes within a PUD/MPUD District as defined by the Zoning Ordinance enacted , and as subsequently amended. Interior Sign A sign that is located in the interior of a structure or is located outside a structure but,because of the sign's placement, design or orientation is not visible to persons from a public place. An interior sign is not considered an on-site or off-site sign. Maintain Maintain shall include general servicing and upkeep in a safe, operable and attractive condition. Marquee Sign Any sign which is attached to or hung from a permanent, roof-like structure (marquee) which is supported by a building wall and which projects out from the building line usually but not necessarily over a public right-of-way such as a sidewalk. Memorial Sign Any sign erected in remembrance of a person or event or which is commemorative in nature. Model Sign A temporary sign that designates particular dwelling units and is used to depict other units of 111 similar design that are for sale. Multiple Listing Strip A strip of wood or like material or paper affixed to, around or upon a real estate sign to indicate that the property being advertised for sale is also advertised within the real estate industry by virtue of their multiple listings service. Multiple Occupancy Parcel Any parcel that is occupied by more than one(1) establishment. 6 OR BK 5816 PG 1600 7 of 24 Multiprism Sign Signs made with a series of triangular vertical sections that turn and stop to show three pictures or messages in the sign surface area. No Dumping Sign A sign having copy that includes the words "no dumping" and which is designed to inform the public that permission to place any putrescible or nonputrescible material or other solid or liquid waste is expressly denied. Nonconforming Sign Any sign lawfully in existence within the City of Zephyrhills on the effective date of this Code which does not conform to the requirements of this Code. An illegal sign shall not be considered to be a nonconforming sign. Nonconforming Structure A structure or part of a structure not designed to comply with the applicable use provisions of Article XII of this Code or amendments heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of Article XII of this Code. Such nonconforming structures include,but are not limited to,nonconforming signs. Nonresidential District A nonresidential district is any parcel or parcels of land or water zoned other than ER, R-1, R- 2,TNR,R-3,R-4,M-1,M-2,M-3,M-4, or any areas designated and used within a PUD/MPUD district for residential purposes as defined by Article II of this Code and as subsequently amended. No Trespassing Sign A sign having copy that includes the words "no trespassing" and which is designed to inform the public that permission to enter a parcel of land or structure is expressly denied. Off-Premises Sign See Outdoor Advertising Sign. Off-Site Sign See Outdoor Advertising Sign. On-Premises Sign See On-Site Sign.. On-Site Sign (a/k/a On-Premises Sign) Any sign upon which commercial or noncommercial advertising or any other matter may be displayed, advertising goods, services or other things sold or available upon the parcel where the sign is located. Any authorized or permitted on-site sign is allowed to contain non-commercial copy in lieu of any other permitted copy. Outdoor Advertising Sign (a/k/a Billboard, Off-site sign, Off-premises sign) A sign structure advertising an establishment, merchandise, service; or entertainment which is not sold,produced,manufactured, or furnished at the property on which the sign is located. Parcel Any quantity of land being capable of being described with such definiteness that its location and I boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit. Pennant Any flag-like or streamer-like piece of cloth, plastic, foil or paper attached to any staff, cord, building, or other structure at only one(1) or two (2) edges, the remainder hanging loosely. Permanent Sign A permanent sign is one which is affixed to a building or the ground in accord with the requirements of the City of Zephyrhills Building Code and any other applicable Federal, State, or 7 OR BK 5816 PG 1601 8 of 24 local laws, and in such a manner as to be immobile without the use of extraordinary means such as disassembly. Pole Sign A sign, independent of support from any building, that is mounted on freestanding poles or other supports. Political Sign A sign identifying and urging support for or opposition to a particular issue, political party, or candidate for public office. Portable Sign Any sign other than a sandwich sign, double or single-faced, which is not permanently erected on the site and which may readily be moved from place to place; except that this definition shall not apply to signs painted directly on vehicles or signs displayed through,but not on, windows. Professional Office District A professional office district is any parcel or parcels of land or water zoned OP, or any areas designated and used for professional office purposes within a PUD/MPUD District as defined by the Land Development Code, as subsequently amended. Projecting Sign Any sign which is attached to and which projects from the outside wall of any building or structure, excluding wall signs as defined herein. Public Place Public rights-of-way, any river, channel, lake, bay, body of water, public park or any adjacent parcel under separate ownership. Real Estate Sign A sign which advertises the sale,rental, or development of the parcel upon which it is located. Residential Development Identification Sign See Subdivision Sign. I - Residential District A residential district is any parcel or parcels of land or water zoned E-R, R-1, R-2, R-3, R-4, M- 1, M-2, M-3,M-4, TNR or any areas designated and used within a PUD/MPUD district for residential purposes as defined by this Code, as subsequently amended. Revolving Sign (a/k/a Rotating Sign) Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface area is oriented. Roof Sign Any sign erected, constructed, or maintained on the roof of any building, above the eaves, or above mansards, parapets, or other similar architectural features of buildings or structures which are capable of supporting signs. A "Roof Sign" is part of the structure for purposes of determining the height of the structure for zoning height restrictions. Roof Line The top edge of the roof or parapet. Whichever forms the top line of the building silhouette when viewed from the ground level. Rotating Sign See Revolving Sign. Sandwich Sign A sign consisting of two (2) sign faces connected at the top with either hinges or fixed fastening devices that is not permanently erected on the site and which may readily be moved from place to place. Sign 8 OR BK 5816 PG 1602 • 9 of 24 Any device,permanent or temporary, which is visible from a public place or to a public audience and which is designed to attract attention to the subject matter of its copy, shall be deemed to be a sign. Specifically excluded from this definition is any mural or painting or other artistic creation etched or painted on the wall of any structure, provided that the mural, painting or artistic creation contains no off-site or on-site advertising material. Further, flags or emblems of any nation, state or political subdivision or any other noncommercial entity shall not be considered signs. Interior signs, as hereinafter defined, are not regulated by this Code. Sign Face The part of a sign on which the copy or message is or could be placed. Sign Number For the purpose of determining the number of signs, a sign shall be construed to be a single display surface or device containing elements organized, related, and composed to form a single unit. In cases where material is displayed in a random or unconnected manner, or where there is reasonable doubt as to the intended relationship of such components, each component or element shall be considered to be a single sign. A projecting sign or ground sign with sign surface on both sides of such sign shall be construed as a single sign, and the total area of such sign shall be the area computed on a single side of the sign. Sign Structure Any structure which is designed specifically for the purpose of supporting a sign, has supported, or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure. Sign Surface Area The surface area of a sign is the entire area within the periphery of a regular geometric form, or combination of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but not including the sign structure bearing no copy. The surface area of the sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater. The sign surface area shall include the aggregate sign area upon which copy could be placed, and shall include the total of a single side of a sign surface upon which copy could be placed. Single Occupancy Parcel Any parcel that is occupied by a single establishment. Snipe Sign A sign made of any material when such sign is tacked, nailed, posted, glued, or otherwise attached to any pole, tree or other natural feature, fence, fence post, bench, stakes, other sign or other similar objects located on public or private property. A snipe sign does not include real estate sales signs, warning signs or open house signs. Sold Sign A strip of wood or like material or paper affixed to, around or upon real estate sign to indicate that the property being advertised is no longer offered for sale. Special Event Sign A sign, not within the scope of another defined term of this Section, advertising a temporary event sponsored by a public, social, charitable, educational, religious or other nonprofit institution. Subdivision Sign Any community entry sign which is designed solely to identify a subdivision or neighborhood, including but not limited to industrial and commercial parks, multifamily projects, and single- family residential development. Substantial Damage (Signs) Damage of any origin sustained by a sign where the cost of restoring the sign to its condition prior to damage would equal or exceeds fifty percent (50%) of the adjusted replacement cost of the sign before the damage occurred, as assessed through current Marshall & Swift construction cost data publications. 9 OR BK 5816 PG 1603 10 of 24 Temporary Sign - A sign which is not designed, constructed, or intended to be permanent. This definition shall not include prohibited signs. Vehicle Sign Any sign attached to or placed on a vehicle, including automobiles, trucks, boats, campers, and trailers, that is parked on or otherwise utilizing a public right-of-way, public property or on private property so as to be intended to be viewed from a vehicular right-of-way for the purpose of providing advertisement of products or services or directing people to a business or activity. This definition is not to be construed to include those signs that identify a firm or its principal products on a vehicle or such advertising devices as may be attached to and within the normal unaltered lines of the vehicle of a licensed transit carrier, when and during that period of time such vehicle is regularly and customarily used to traverse the public highways during the normal course of business. Wall Sign (a/k/a Fascia Sign) A sign which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane to the plane of the building façade or wall and which does not project more than eighteen (18) inches from such building. This definition shall include the painting of a sign on a wall surface. Warning Sign Any sign which is designed to provide public notice of a clear and present danger to public health, safety, and welfare. Window An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation, or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to the provision of natural light. Window Sign A window sign is one which is painted on, attached to, or visible through a window (excluding displays of merchandise), which identifies or advertises activities, services, goods, or products available on the parcel. SECTION 2. AMENDMENT TO PARTS 8.01.00 THROUGH 8.07.00 OF ARTICLE VIII. Parts 8.01.00 through 8.07.00 of Article VIII, Signs, of the City of Zephyrhills Land Development Code, is hereby substantially amended and reworded as follows: Part 8. SIGNS 8.01.00 Sign Permits A. Permit Required. No person shall erect or assist in the erection, construction, maintenance, alteration,relocation,repair, or do any work upon any sign for which a sign permit, and any other required permit, has not been obtained. Any such sign shall be illegal and is a violation of this Section. Structural and safety features and electrical systems shall be in accordance with the requirements of the City's adopted construction/building code. No sign shall be approved for use unless it has been inspected and found to be in compliance with all the requirements of this Code. B. Application; Determination of Completeness. Before any sign permit is issued, a written application, in the form provided by the City Manager, or his or her designee, shall be filed, together with such drawings and specifications as may be necessary to fully advise the city of the location, construction, materials, manner of illuminating, method of securing or fastening, the number of signs applied for, the consent of the property owner, and the wording of the sign. Upon the submission of an application, staff shall have ten (10) business days to determine whether it is complete. If staff finds that the application is not complete, they shall provide the applicant with written notice of the deficiencies within the ten-day period. Upon resubmission of the application, staff shall have five (5) additional business days to determine whether the applicant's revisions are sufficient to complete the application. If they are not, staff will again inform the applicant of any remaining deficiencies in writing. This process shall continue until 10 OR BK 5816 PG 1604 11 of 24 the applicant has submitted a complete application, or demands that the application be reviewed "as is." C. Administrative Review. Administrative review of sign permit applications shall include the following: 1. Review of all information submitted to determine conformity with this Code. 2. An on-site inspection of the proposed sign location. The City Manager, or his or her designee, shall approve or deny the sign permit based on whether it complies with the requirements of this Code, and shall approve or deny the sign permit within thirty (30) calendar days after receipt of a complete application or from the date the applicant demands that the application be reviewed "as is". The City Manager, or his or her designee, shall prepare a written notice of his/her decision, describing the applicant's appeal rights, and send it by certified mail, return receipt requested, to the applicant. The applicant may file a written notice of appeal to the City Council within fifteen (15) calendar days after the date of receipt of the county's written notice. The City Council shall hear and decide the appeal at the next available Council meeting that is at least thirty(30) calendar days after the date of receiving the written notice of appeal. If the City Council does not grant the appeal, then the appellant may immediately seek relief in the Circuit Court for Pasco County, as provided by law. D. Time Limitations. An application for a sign permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing for the sign permit, unless before then a sign permit has been issued. One or more extensions of time for a period of not more than ninety(90) days each may be allowed by the City Manager, or his or her designee, for the application, provided the extension is requested in writing and justifiable cause is demonstrated. E. Time to Complete Construction. Every sign permit issued shall become invalid unless the work authorized by such sign permit is commenced within six (6) months after its issuance, or if the work authorized by such sign permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. If a building permit for the sign is applied for within thirty (30) days after the sign permit is issued and building permit is issued, the work authorized by the sign permit shall be commenced within six (6) months after issuance of the building permit. If the work has commenced and the sign permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new sign permit covering the proposed work shall be obtained before proceeding with the work. F. Sign Permit Tag. For each permit issued, the permittee shall permanently affix a permit identification tag which shall be printed or impressed thereon a number corresponding to the permit number plus any additional information deemed appropriate by the City Manager or his designee subject to the following: 1. No sign as herein defined, unless specifically exempted, shall be erected, displayed, rebuilt, repaired, or otherwise maintained which does not have such tag securely attached thereto, or to its supporting structure in such a manner as to be plainly visible from the street or roadway. 2. The absence of an identification tag shall be prima facie evidence that the sign or advertising structure is being operated in violation of the provisions of this Code. 3. The permittee is responsible for maintaining a valid permit tag on each permitted sign at all times. 4. Said tag shall be no smaller than five (5) inches by two (2) inches and shall contain numbers not less than one (1) inch high. 5. The permit will become void unless the permit tag is properly displayed on the permitted sign within thirty (30) days after the completion of the installation of said sign. G. Permit Revocation. The City Manager or his or her designee is hereby authorized and empowered to revoke, in writing, any permit issued by him or her upon failure of the holder thereof to comply with the provisions of this Code or if the permit was issued on the basis of misstatement of facts or fraud by the applicant. The written revocation shall describe the appeal 11 0R BK 5816 PG 1605 1, 12 of 24 process. The City Manager, or his or her designee, shall send the revocation by certified mail, return receipt requested, to the sign owner. Any person having an interest in the sign or property may appeal the revocation, by filing a written notice of appeal with the City Council within fifteen (15) calendar days after receipt of the written notice of revocation. The City Council shall hear and decide the appeal within thirty (30) calendar days after the date of receiving the written notice of appeal. If the City Council does not grant the appeal, then the appellant may immediately seek relief in the Circuit Court for Pasco County, as provided by law. H. Relationship to Other Permits. No permit for any on-site sign shall be issued by the City until a building permit or development has been issued for the establishment to which it relates. 8.02.00 Fees Before any permit is issued under the provisions of this Code, the applicant shall, at the time application is made, pay such fees as established by resolution of the City Council, which resolution may be amended from time to time. 8.03.00 Statement of Purpose. A. The purpose and intent of this Section is to establish a set of standards for the fabrication, erection, use, maintenance, and alteration of signs, symbols, markings, or advertising devices within the City of Zephyrhills: The standards are designed to protect and promote the health, safety, and welfare of persons within the City by providing regulations which allow and encourage creativity, effectiveness, and flexibility in the design and use of such devices while promoting traffic safety and avoiding an environment that encourages visual blight. B. It is not the purpose of this Section to regulate or control the copy, the content, or the viewpoint of signs. Nor is it the intent of this Section to afford greater protection to commercial speech than to noncommercial speech. Any sign, display or device allowed under this Section may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with all other requirements of this Section. If any or all of the other provisions of this Section are held to be unconstitutional, it is the explicit intent of the City Council that, at a minimum, the standards in Article VIII be considered severable and enforced as the minimum standards for signs in the City. C. This Section is intended to establish a coordinated graphic program that provides for occupant identification and directional communication, while allowing the creation of unique and informative signs. These guidelines are not intended to prohibit the design of unusual signs that may enhance the character of the building, or reflect the nature of the business or use. D. This Section is intended to be consistent with the City of Zephyrhills Comprehensive Plan. 8.04.00 Applicability of Other Code or Regulatory Requirements. In the event any of the provisions of this Section are in conflict with other applicable requirements, the more restrictive requirements shall apply. 8.05.00 Signs Specifically Prohibited Any sign not specifically permitted, exempted, or authorized by this Section is prohibited; provided, however, that any authorized or permitted sign under this Section is allowed to contain non-commercial speech in lieu of any other speech. The following types of signs are specifically prohibited except as otherwise provided by this Section: A. Activated signs and devices. B. Revolving signs. C. Snipe signs. D. Signs other than Sandwich signs placed on the sidewalk or curb. 12 E. Swinging signs. OR BK 5816 PG 1606 F. Vehicle signs. 13 of 24 G. Signs which imitate or resemble any official traffic or government sign, signal or device. Signs which obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal or device. H. Any sign which: 1. Has unshielded illuminated devices that produce glare or are a hazard or nuisance to motorists or occupants of adjacent properties. 2. Due to any lightingor control mechanism, causes radio, television, or other communication interference. 3. Is erected or maintained so as to obstruct any fire fighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. 4. Projects in excess of eighteen (18) inches over a dedicated public street, alley, sidewalk, or private or public roadway. 5. Is erected on public property or a public right-of-way, except government signs or other signs as expressly allowed in the Code. I. Bench signs. J. Abandoned signs. K. Inflatable signs or devices. L. Illegal signs. M. Beacon lights. N. Roof signs. O. Back to back sign faces at an angle that exceeds 45 degrees. P. Window signs which, in aggregate, cover more than twenty-five (25) percent of the total window surface. Q. Signs in or upon any river, bay, lake, or other body of water within the incorporated limits of the City of Zephyrhills. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. R. Pole signs. S. Multi-prism signs. T. Portable signs. U. Pennants. V. Festoons. W. Banner signs and advertising balloons which do not comply with this Article. X. Sandwich signs that do not meet the requirements of this Article. Y. Outdoor Advertising Signs. 13 OR BK 5816 PG 1607 • 14 of 24 • • Notwithstanding any code provision to the contrary, neither the City Council nor any board of the City may grant a variance allowing the erection of any of the prohibited signs expressly enumerated in this Section. 8.06.00 Certain Signs Exempt from Permits A. The following signs are exempted from permit requirements, provided, however, that such signs are erected in conformance with all other requirements of this Section. All signs set forth in this Section that does not meet the requirements set forth herein for an exemption or permit are prohibited. 1. A permit is not required to change or replace the advertising copy, message or sign face on changeable copy signs. However, the change or replacement of advertising copy, message or sign face must not enlarge or increase the sign surface area, sign structure area, nor adversely affect the original design integrity. If, in order to change or replace the advertising copy, message or sign face, the supporting sign structure must be unfastened, loosened or removed, then a sign permit shall be required. Copy shall not be replaced such that the sign changes from an on-site sign to an off-site sign. 2. Government signs. 3. Flags, emblems, or insignia of any nation, state, or political subdivision, religious, charitable, political, social or fraternal organization when displayed on a single pole or other supporting structure. 4. Holiday, seasonal, or commemorative decorations provided that such signs are not displayed for a period of more than sixty(60) days. 5. Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials. 6. In nonresidential districts, two (2) directional signs per driveway, which signs shall be located on and pertaining to a parcel of private property. Each sign shall not exceed four (4) square feet in sign surface area and thirty (30) inches in height. If such sign is to be illuminated, then an electrical permit shall be obtained. Directional signs may be placed with a one (1) foot setback from the right-of-way provided that such signs meet all other applicable regulations. The square footage of directional signs shall not be counted as part of the maximum allowable square footage for any parcel. 7. In residential districts, one (1) non-illuminated identification sign used to identify the address and occupant of the residence not to exceed two (2) square feet in sign surface area. This sign may not be used to advertise any home occupation. 8. One (1) non-illuminated real estate sign may be displayed per street frontage, subject to the following restrictions: a. In residential zoning districts: Maximum four and one-half (4'h) square feet in sign surface area, where the property being advertised or developed has a street frontage of less than five hundred (500) feet. In E- R, a maximum of six (6) square feet in sign surface area. If the parcel borders a navigable waterway, one (1) additional real estate sign may be placed on the waterfront side of the property. Maximum eight (8) square feet in sign surface area, where the property being advertised or developed has a street frontage of five hundred (500) feet or more. Such signs shall not exceed six (6) feet in height, shall not be posted prior to the listing of the property for sale or lease or the filing of applications 14 AR BK 5816 PG 1508 15 of 24 for the development of the property, and shall be removed within thirty (30) days after the sale or lease of the property, or the completion of development as evidenced by the issuance of a certificate of occupancy. b. In nonresidential districts: Maximum thirty-two (32) square feet in sign surface area. Such signs shall not exceed ten (10) feet in height, shall not be posted prior to the listing. of the property for sale or lease or the filing of applications for the development of the property, and shall be removed within thirty (30) days after the lease or sale of the property, or the completion of development as evidenced by the issuance of a certificate of occupancy. c. Multiple listing strips, broker identification strips, and sold signs are allowed when attached to a real estate sign. Signs shall be removed when ownership has changed or the property is no longer for sale or lease or under development. Multiple listing strips, broker identification strips and sold signs shall not be counted as part of the maximum square footage permitted for real estate signs nor shall real estate signs be considered as part of the maximum square footage permitted on any parcel. 9. Window signs which comprise, in aggregate, twenty-five (25) percent of the total window area or less. 10. Signs incorporated on machinery or equipment at the manufacturer's or distributor's level, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps. Such signs shall not be counted as part of the maximum square footage permitted on any parcel. 11. Interior signs which are displayed on the inside of a building and not visible from a public place. Such signs shall not be counted as part of the maximum square footage permitted on any parcel. 12. "No Trespassing" or "No Dumping" signs, not exceeding one (1) sign every five hundred (500) feet along boundaries of and at each corner of the posted property, four (4) in number per acre, and no one (1) sign exceeding two (2) square feet in sign surface area. 13. Noncommercial, on-site signs not included in this subsection, which are less than four (4) square feet in sign surface area and thirty (30) inches in height, provided that they are not displayed for more than fourteen (14) consecutive days nor more than twenty-eight (28) days per year. 14. Warning signs, provided that warning signs do not exceed four (4) square feet in sign surface area. 15. Directional signs related to construction located within the development where building or development permits/approvals have been issued by the City, and not to exceed four(4) square feet in sign surface area and thirty(30) inches in height. 16. One construction sign per street frontage provided that the following conditions are met: a. Such sign is not illuminated; and b. Such sign shall be authorized only when active building or construction is taking place; and c. Such sign shall contain only on-site advertising; and 15 10R BK 5816 PG 1609 16 of 24 d. All such signs shall be removed or made to conform to the provisions of this Section when a certificate of occupancy is issued; and e. The height and size of all construction signs shall be limited according to the following restrictions: In residential zoning districts: Maximum four and one-half(4%2) square feet in sign surface area where the property being constructed has a street frontage of less than five hundred(500) feet. The sign shall not exceed six(6) feet in height. Maximum eight (8) square feet in sign surface area where the property being constructed has a street frontage of five hundred (500) feet or more. The sign shall not exceed six (6) feet in height. In all other districts: Maximum eight (8) square feet in sign surface area, where the property being constructed has a street frontage less than two hundred (200) feet. The sign shall not exceed ten(10) feet in height. Maximum sixteen (16) square feet in sign surface area, where the property being constructed has a street frontage of two hundred (200) feet or more. The sign shall not exceed ten (10) feet in height. 17. Two (2) non-illuminated political campaign signs per candidate or issue for each residential or nonresidential parcel not to exceed eight (8) square feet in area. 18. In nonresidential zoning districts, one (1) sandwich sign per business establishment having a certificate of occupancy placed on the sidewalk no further than five (5) feet from the main entrance door of the structure of the establishment and with a maximum height of three and a half (31/h) feet and maximum sign structure width of two (2) feet. The sign shall not be placed in the public right-of- way and shall not be placed so as to obstruct pedestrian traffic along the sidewalk. 8.07.00 Nonconforming Signs A. Any sign, lawfully erected within the City of Zephyrhills on the effective date of this Code which does not conform to the requirements of this Code, shall be treated as a nonconforming sign pursuant to this subsection. B. The following signs shall be removed or made to conform to this Section within ninety(90) days from the effective date thereof: 1. All temporary signs other than those allowed herein. 2. All prohibited signs except outdoor advertising structures. C. Any nonconforming on-site sign which is destroyed or substantially damaged shall not be repaired or rebuilt except in conformity with this Section. D. A nonconforming on-site sign shall not be replaced by another nonconforming sign. However, substitution of letters, poster panels, and painted boards, or demountable material on nonconforming signs shall be allowed. The provisions of this subsection do not apply to signs relocated or reconstructed as a result of condemnation action by any governmental agency as provided for in this Code. Routine repair and maintenance is allowed as long as it does not increase the sign surface area, sign structure area or height of the sign. 8.08.00 Special Purpose Signs. • 16 Signsfor Drive-Through Restaurants OR BK 5816 4 1 �, 0 A. Menu SiD g g 17 of 24 In addition to the signs otherwise permitted by these Sign Regulations, a drive-through restaurant shall be permitted one (1) menu sign placed in proximity to the drive-through lane for the purpose of ordering. Such sign shall be setback to the minimum building setback for the appropriate zoning district, or forty (40) feet, whichever is less; shall have a sign surface area not exceeding twenty-four(24) square feet; and shall require a sign permit. 8.09.00 Abandoned Signs An abandoned sign is prohibited and is a violation of this Section. Permanent on-site signs applicable to a business temporarily suspended because of a change in ownership or management shall not be deemed to be abandoned unless the property remains vacant for a period of six (6) consecutive months or more. During that time, the owner shall maintain the sign as required by this Section, and shall replace or cover the copy relating to the prior business with an opaque covering, ensuring that all internal fixtures of the sign remain covered. 8.10.00 Signs on Rights-of-Way A. Allowance of Certain Signs. The following signs may be erected in rights-of-way within the City and shall be exempt from the regulatory provisions of this Section. Such structures must also comply with applicable provisions of the City of Zephyrhills Right-of-way Use Ordinance and the Building Code. 1. Government signs; 2. Traffic-control devices. 3. Temporary event signs for not-for-profit or governmental organizations. Such signs must be removed within two (2) days after the event they advertise. B. Prohibition of all other signs on rights-of-way. With the exception of signs permitted in Subsection A above, it shall be unlawful for any person, firm, corporation or other entity, for its own or the benefit of another, to erect, place, post, install, affix, attach or in any other way locate or maintain a sign upon, within or otherwise encroaching on a right-of-way or upon a structure located within such a right-of-way. Information contained in any sign, including names, addresses or phone numbers of persons or entities benefiting from or advertising on the sign shall be sufficient evidence of ownership or beneficial use or interest for purposes of enforcing this section. More than one person or entity may be deemed jointly and severally liable for the placement or erection of the same sign. Each unlawful sign shall be deemed a separate violation of this section. 8.11.00 On-Site Signs; permit required. A. General regulations. 1. For the purpose of determining the spacing requirement found in this subsection, distances shall be measured from the leading edge of the sign structure to the property line of the property from which the distance is being measured. 2. Illuminated signs, including neon signs, shall not produce more than one (1) foot- candle of illumination four (4) feet from the sign, when measured from the base of such sign. Exposed neon tubing shall not be permitted on ground signs. 3. Signs shall not be placed in the clear site triangle. B. Standards for on-site signs in residential districts. The following signs may be erected in residential zoning districts: 1. One (1) double-faced or two (2) single-faced permanent subdivision sign(s) may be located at each entrance to a platted subdivision provided that all of the following requirements are met: 17 r OR BK 5816 PG 1611 . 18 of 24 • a. The sign shall not create a physical or visual hazard for pedestrians or motorists entering or leaving the subdivision and shall be set back a minimum of five (5) feet from the right-of-way line and twenty (20) feet from the intersection of the rights-of-way. b. An individual firm, partnership, association, corporation, or other legal entity other than the City of Zephyrhills shall be designated as the person responsible for perpetual maintenance of the subdivision sign. c. Each sign surface shall not exceed ten (10) feet in height and forty (40) square feet in sign surface area. d. If single faced, the two signs shall be located on opposite sides of the entry drive. e. Signs authorized by this subsection may be located within the rights-of- way provided that the appropriate right-of-way use, maintenance and license agreements, and permits are obtained. f. One (1) additional subdivision sign may be placed at each terminus or farthest edge of the subdivision, if located at least one thousand (1,000) feet from the main subdivision sign,up to a maximum of two (2) additional signs. 2. One (1) wall sign or one (1) double-faced or two (2) single-faced ground identification signs may be, located at each entrance to a multiple-family residential development or mobile home park, provided that all of the following requirements are met: a. Such signs shall not exceed two (2) square feet in sign structure area for each dwelling unit up to and including sixteen (16)units. In no event shall the sign exceed thirty-two (32) square feet of sign structure area. b. Such signs shall not exceed ten(10) feet in height. c. Such signs shall be set back five (5) feet from the right-of-way line and twenty(20) feet from the intersection of the rights-of-way. d. If single faced,the two signs shall be located on opposite sides of the entry drive. Backlighting or interior illumination is prohibited. One projecting sign may be substituted for each wall sign pursuant to this Section. e. Signs authorized by this subsection may be located within the rights-of- way provided that the appropriate right-of-way use, maintenance and license agreements, and permits are obtained. 3. One directional sign per subdivision entrance with a maximum height of five (5) feet for the structure, twelve (12) inches for the copy, and thirty-two (32) square feet of sign structure area. The directional sign shall meet the separation and setback requirements of on-site signs. Additional directional signs may be placed where necessary to locate subdivision amenities. C. Standards for on-site signs in nonresidential districts. On-site signs on properties in nonresidential districts which abut a residential district shall not be erected closer than ten(10) feet from any residential zoning district. Finishing materials shall be consistent with those used on the structure to which the sign relates. 1. Regulations for ground signs. Ground signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above: a. One (1) ground sign is permitted for each parcel having frontage on a public street. If a parcel has public street frontage in excess of three hundred (300) 18 OR BK 5816 PG 1612 • 19 of 24 feet, one (1) additional ground sign shall be permitted for each additional three hundred (300) feet of public street frontage. b. The maximum allowable sign structure area for each ground sign shall not exceed one (1) square foot of sign structure area for each lineal foot of frontage along the street the sign faces or two hundred ten (210) square feet in sign structure area, whichever is less. c. No ground sign shall exceed eleven (11) feet in height, except as specified below. d. If a parcel is entitled to more than one (1) sign as allowed above and is a multiple occupancy parcel, then all allowable ground signs may be combined into a single ground sign not to exceed three hundred (300) square feet in sign structure area. Such a combined sign may not exceed fifteen (15) feet in height. The combined sign maybe divided into two signs, if the frontage of the parcel exceeds fifteen hundred (1,500) feet. The total area of the combined signs shall not exceed three hundred (300) square feet in sign structure area and the height of each sign shall not exceed fifteen (15) feet. e. Ground signs shall be placed no closer than three hundred (300) feet apart on the same parcel. f. All ground signs shall be set back five (5) feet from the right-of-way line and twenty (20) feet from the intersection of the rights-of-way, except when ground signs are located on one-way streets the setback from the intersection may be fifteen (15) feet so long as the sign does not interfere with the clear site triangle. 2. Regulations for wall signs. Wall signs shall be allowed in nonresidential districts provided the following specific regulations are met, in addition to the general regulations stated above: 111 a. The maximum allowable sign structure area for wall signage shall not exceed one and a half(11A) square feet per linear foot of establishment frontage, excluding parking garages, facing a public street. Notwithstanding the foregoing, the maximum total sign structure area shall not exceed one hundred fifty (150) square feet for each frontage. b. One (1) projecting sign may be substituted for each wall sign, provided that the sign structure area of the projecting sign shall not exceed the maximum allowable sign structure area of the wall sign that the projecting sign replaces. c. Wall signs shall not project beyond the roof line or side walls of the establishment to which the wall sign is attached, nor shall the wall sign project more than twelve(12) inches out from the wall to which it is attached. d. One (1) wall sign shall be permitted for each establishment in a multiple- occupancy parcel. Establishments located at a corner shall be allowed one (1) wall sign for each side of the establishment that faces a public street. 3. Regulations for projecting signs. Projecting signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above: a. Projecting signs may be substituted for the permitted wall sign referenced above, provided that the sign structure area of the projecting sign is not greater than the maximum sign structure area permitted for a wall. b. Projecting signs shall not project more than four (4) feet from the building wall to which the projecting sign is attached. 19 r OR BK 5816 PG 1613 20 of 24 . • c. Projecting signs shall not be located above the roofline of the building nor more than eighteen(18) feet above the grade of the street, whichever is less. d. The supporting hardware of a projecting sign shall not be visible from the street or sidewalk. e. Projecting signs shall not be constructed in violation of the public space encroachment limitations specified in this Section. f. Projecting signs shall not be erected closer than ten (10) feet from an interior lot line or an adjacent establishment. g. Projecting signs which project over any public or private pedestrian way shall be elevated a minimum of nine (9) feet above such pedestrian way. Projecting signs which project over any public or private street shall be elevated a minimum of fifteen (15) feet above such street. 4. Regulations for marquee, canopy and awning signs. Marquee, canopy and awning signs shall be allowed in nonresidential districts, provided the following specific regulations are met, in addition to the general regulations stated above: a. One (1) sign located on a marquee, canopy or awning shall be affixed flat to the surface and shall not rise in vertical dimension above the marquee, canopy or awning. b. The maximum allowable sign structure area for awning, canopy and marquee signs shall not exceed two (2) square feet per linear foot of building frontage facing a public street. However, the aggregate surface area of all shapes, letters, numbers, symbols, and illustrations shall not exceed twenty five percent (25%) of the total area of the awning or canopy surface. The awning or canopy sign may be illuminated only if the material of which it is made is opaque. c. Canopy and awning signs shall be permitted only when in lieu of a wall sign. 5. Directory signs. One directory sign per entrance into a nonresidential development or subdivision with a maximum height of five (5) feet for the structure, twelve (12) inches for the copy, and thirty-two (32) square feet in sign structure area. The directional sign shall meet the separation and setback requirements of on-site signs. 6. Colonnade signs. One colonnade sign per establishment may be suspended at least nine (9) feet above the walkway if limited to pedestrian traffic and at least fifteen (15) feet above the walkway if open to vehicular traffic, with a maximum six (6) square feet of sign structure area. 8.12.00 Temporary Signs Temporary signs shall be allowed provided the following requirements are met: A. General Requirements. The following requirements shall be met except where specified in this subsection. 1. Time of Display. Where not otherwise specified in this subsection, all temporary signs shall not be posted more than fifteen (15) calendar days prior to the time of the event or activity to which they related, and shall be removed no later than five (5) calendar days after the conclusion of that event or activity. For the purposes of this Section, the maximum duration of an event or activity shall be no longer than two (2) weeks. Political campaign signs may be posted no earlier than thirty (30) days before the date of the election, and must be removed no later than fifteen (15) calendar days after the election to which they relate. 2. Residential Districts. Temporary signs are permitted in residential districts provided no sign shall exceed four (4) square feet in sign surface area and six (6) feet in 20 OR BK 5816 PG 1614 . 1 21 of 24 height. Two political signs per candidate or issue may be placed on each residential parcel. 3. Nonresidential Districts. Temporary signs are permitted in nonresidential districts provided no sign shall exceed thirty-two (32) square feet in sign surface area and eight (8) feet in height. Two political signs per candidate or issue may be placed on each nonresidential property or individual business establishment. 4. Location on Parcel. All temporary signs shall be located behind the right-of-way line and shall not be located within the clear site triangle. 5. Permitting. Unless otherwise specified herein, temporary signs shall be exempt from the permitting requirements of this Code. 6. Additional Regulations. See this Article for additional treatment of temporary signs including real estate, holiday, construction, directional construction and political signs. B. Model Signs. Signs erected for the purpose of marketing new housing developments shall be allowed as follows: a. One (1) model sign is permitted per residential sales center and shall be located at such sales center. Such signs shall have a maximum sign structure area of sixteen (16) square feet and a maximum height of four (4) feet. Said sign shall be removed when the residential sales center ceases operations. b. One (1) directional sign is permitted per development entrance. Such sign shall designate the location of the pods or parcels and shall be located along the collector roads for the development. Such signs shall have a maximum sign structure area of six (6) square feet and a maximum height of four (4) feet. Said sign shall be removed before or upon build out of the development. c. One (1) model sign is permitted per model home or unit type and shall be located at the model home or unit type it identifies. Such sign shall have a maximum sign structure area of four and one-half (4.5) square feet and a maximum height of four (4) feet. Said sign shall be removed before or upon sale of said model home. d. One (1) warning sign is permitted per pod, out parcel or development entrance that provides instructions to contractors working therein. Such signs shall be located at such entrance. Such signs shall have a maximum sign structure area of twenty (20) square feet and a maximum height of six (6) feet. Said sign shall be removed upon completion of construction within said pod, out parcel, or development. C. Special Event Signs. Shall be allowed as follows: a. Two (2) non-illuminated temporary, ground, or wall sign per frontage on the site of the institution where the event is to take place. b. Such signs shall not exceed eight (8) square feet in sign surface area and six (6) feet in height in residential districts and thirty-two (32) square feet in sign surface area, and ten(10) feet in height in nonresidential districts. I c. Signs announcing public or semipublic events or functions shall be set back a minimum of five (5) feet from the right-of-way line and twenty (20) feet from the intersection of the rights-of-way. D. In nonresidential districts, one (1) banner sign or advertising balloon for each establishment having a certificate of occupancy may be displayed a maximum of four(4) times per calendar year, with a maximum sign surface area for banners of twenty-four (24) square feet. A sign permit shall be obtained for such banner or advertising balloon, 21 • and the permit number and expiration date shall be displayed on the banner or advertising balloon as provided in the permit. OR BK 5816 PG 1615 8.13.00 Minimum Criteria for All Signs in City 22 of 24 Notwithstanding any other provision of this Code, the following minimum criteria shall also be met by all signs erected in the City of Zephyrhills. A. Residential Districts No sign may be erected in a residential district that exceeds the following dimensions and requirements: 1. Maximum Sign Height: Ten(10) feet. 2. Maximum Sign Structure Area: Forty(40) square feet. B. Nonresidential Districts No sign may be erected in a nonresidential district that exceeds the following dimensions and requirements: 1. Maximum Sign Height: Twenty(20) feet. 2. Maximum Sign Structure Area: Three hundred (300) square feet. 8.14.00 Maintenance of Signs. A. General Maintenance Requirements. All signs for which a permit is required by this Code, including their supports, braces, guys, and anchors, shall be maintained so as to present a neat, clean appearance. Painted areas and sign surfaces shall be kept in good condition and illumination, if provided, shall be maintained in safe and good working order. Trash, rubbish, and debris shall be kept clear in front of, behind, underneath, and around the base of signs for a distance of five (5) feet. B. Maintenance of Outdated On-Site Signs. This subsection relates to on-site signs that are not currently being used to identify an activity on the property, but that are not abandoned signs as defined by this Section. Such signs shall be maintained, including at all times covering the inner fixtures or workings of the sign. Copy that does not relate to a current activity on the property shall be removed or covered with an opaque covering, so such signs maintain a neat and clean appearance. 8.15.00 Removal. A. Removal of Signs on Rights-of-Way in Violation of Section. Except as provided otherwise in this Section, any sign on a right-of-way in violation of this Section shall be subject to immediate removal and impounding without notice by the City Manager or his or her designee at the joint and several expense of the owner, agent, lessee or other person having beneficial use of the sign, the sign contractor or, if non-County or City right-of- way, the owner or lessee of the land upon which the sign is located. 1. Illegal signs of negligible or no value; destruction. Any sign placed or erected in a right-of-way in violation of this Section, which has negligible or no value due to its perishable or nondurable composition, including, but not limited to, those made out of paper, cardboard or poster board, shall be deemed abandoned and may be destroyed by the City after removal. No notice or opportunity to reclaim such a sign shall be given by the City. 2. Recovery of impounded signs; abandonment and destruction. Except for those signs described above any sign removed and impounded by the City shall be held in storage and the owner, if the owner's identity and whereabouts are known to City, shall be provided with written notice via certified mail and regular mail of impoundment and fifteen (15) days from the date of notice to reclaim any such sign. Any impounded sign stored by the City may be destroyed if not reclaimed within fifteen (15) days of the written notice date or within fifteen (15) 22 OR BK 5816 PG 1616 1 23 of 24 days of the date of removal if the identity and whereabouts of the owner is not known to the City. B. Removal of Signs on Private Property for Immediate Peril. The City Manager or his or her designee may cause without notice the immediate removal of any sign which is an immediate peril to persons or property at the joint and several expense of the owner, agent, lessee or other person having beneficial use of the sign, the sign contractor or the owner or lessee of the land upon which the sign is located. 8.16.00 Enforcement. A. In addition to any other remedies available at law, including but not limited to Chapters 166 and 162, Florida Statutes, as amended, the City-may apply any one or combination of the following remedies in the event of a violation of this Section, or applicable local law or order. 1. Whenever a violation(s) of this Section occurs or exists, or has occurred or existed, any person, individual, entity or otherwise, who has legal, beneficial or equitable interest in the facility or instrumentality causing or contributing to the violation(s), and any person, individual, entity or otherwise who has legal, beneficial or equitable interest in the real or personal property upon which such violation(s) occurs or exists or has occurred or existed, shall be liable,for such violation(s). 2. Fines,penalties,remedies and prosecution for any violation of this Section may be pursuant to City of Zephyrhills Code Enforcement Board Ordinance, as amended, and the provisions of Chapter 162, as amended. Each violation'of this Section shall be a separate offense. 3. Failure of the City to enforce any requirements of this Section shall not constitute a waiver of the City's right to enforce the Section with respect to that violation or subsequent violations of the same type Or to seek appropriate enforcement remedies. 4. The City Manager, or his or her designee, and the City Attorney or his or her designee, shall be responsible for administration and enforcement of this Section, and is authorized to give any notice required by law or this Section. SECTION 2. REPEALER All provisions of the City of Zephyrhills Land Development Code, as amended, and ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Specifically, this ordinance supersedes and replaces Parts 8.01.00 through 8.07.00 of Article VIII of the City of Zephyrhills Land Development Code, and those parts are hereby repealed. All conflicting definitions as found in Article XIII of the Land Development Code are hereby repealed SECTION 3. MODIFICATION. It is the intent of the City Council that the provisions of this ordinance may be modified as a result of considerations that may arise during public hearings. Such modifications shall be incorporated into the final version of the ordinance adopted by the City Council and approved by the Mayor. SECTION 9. SEVERABILITY. It is declared to be the intent of the City Council, that if any section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the remainder of this Ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provisions and shall not be affected by such holding. SECTION 10. INCLUSION IN CODE. It is the intent of the City Council that the provisions of this Ordinance shall become and be made a part of the City of Zephyrhills Land Development Code, and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to 23 "section," "article," "regulation," or such other appropriate word or phrase in order to' accomplish such intentions. OR BK 5516 PG 1617 SECTION 11. EFFECTIVE DATE. 1 24 of 24 This Ordinance shall become effective upon third reading and signing by the Mayor. {.-; e.ibregkgin /Ordinance No. 870-04 was read and passed on the first reading by the City Colin .of the City•of.Ge�,p'hyrhills, Florida, on this 8th day of March, 2004. Attest: ' W i .r.,.4.,_ i 1-' Lin• II: Boan,ai#y/Clerk " LANC- • T'�'ouncil President The loregoing''Ordinance No. 870-04 was read and passed, following a public hearing, on the sect ?eEa,6itig,cbtiyythe City Council of the City of Zephyrhills, Florida, on this 22nd day of Mara, 2004. it _ v - Attest:- ' 4* 77- t'''' . ::ji6e--(, , 6,11 ,,,,ittr "... .., 1110.. ,_ :. L'i 15_Boan,.Cyt}'Clerk. 'LANG. A. I _' uncil President •P 'ON O r0 O Thetfc3'r6going Ordinance No. 870-04 was read and passed on the third reading, following a public hetag;p,gy:.the City,Council of the City of Zephyrhills, Florida, on this 12th day of April;/ 04. 4, \ ;_, ,: • vi lijra Atte . 9/ `� Li da 10. Bosh,'City;Clerk LANC. A. M T'Council President h cP •/ ~t;. `tom` _ . I'licq9ri girli3OrdmanceNo: 870=04 was approved-by methis 12th day of April,2004. W. CLIF ), 'cD FFI ayor Approved as to le.,.1 f• , and le'<1 content il K la S. Owens, City • ttorney I 24