HomeMy WebLinkAboutO-93-18
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~ ORDINANCE NO. 0-93-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING DIVISION IV, ARTICLE XV,
SECTION 20A-15.1 ET. SEG., OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN PERTAINING TO SIGN REGULATIONS
IN ITS ENTIRETY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the city of Sebastian,
desires to promote and protect the public health, safety, and
general welfare of the citizens of City of Sebastian, Florida,
by regUlating and limiting the existing and proposed posting,
display, erection, use, and maintenance of signs, billboards,
posters, bulletins and other advertising structures wi thin the
city; and
WHEREAS, the city Council of the city of Sebastian,
further intends to protect the property values, create a more
attractive, economic and business climate, enhance and protect
the physical appearance of the community, preserve the scenic
and natural beauty of the city and provide a more enjoyable
and pleasing community by regulating and limiting the existing
and proposed posting, display, erection, use, and maintenance
of signs, billboards, posters, bulletins and other advertising
structures within the City; and
WHEREAS, the City Council of the City of Sebastian,
intends to improve vehicular and pedestrian safety, provide
more open space, curb the deterioration of natural beauty, and
reduce visual pollution by regulating and limiting the
existing and proposed posting, display, erection, use, and
maintenance of signs, billboards, posters, bulletins and other
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advertising gtructures within the city; and
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WHEREAS, the city Council of the City of Sebastian, deems
it necessary to amend its current sign regulations for this
purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
section 1. Sign Regulation Amended.
Division IV, Article XV, Section 20A-15 et. Seq. of the
Land Development Code of the City of Sebastian, pertaining to
sign regulations, is hereby amended in it entirety as follows:
"DIVISION IV. SIGN ORDINANCE
ARTICLE xv. SIGN REGULATIONS
Sec. 20A-15.1. Purpose and intent.
It is the intent of this article to promote and protect the
public health, safety and general welfare of citizens of the
city of Sebastian, Florida, by regulating and limiting the
existing and proposed posting, display, erection, use and
maintenance of signs, billboards, posters, bulletins and other
advertising structures within the City.
It is further intended to protect property values, create a
more attractive, economic and business climate, enhance and
protect the physical appearance of the community, preserve the
scenic and natural beauty of the City and provide a more
enj oyable and pleasing community. Also , it is intended hereby
to improve vehicular and pedestrian safety, provide more open
space, curb the deterioration of natural beauty, and reduce
visual pOllution.
It is also intended to improve vehicular and pedestrian
safety, provide more open space, curb the deterioration of
natural beauty, and reduce visual pOllution by regulating and
limiting the existing and proposed posting, display, erection,
use, and maintenance of signs, billboards, posters, bulletins
and other advertising structures within the City.
Sec. 20A-15.2. Definitions.
For the purpose of this article certain terms and words are
defined as follows:
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Abandoned si9n. A sign is considered abandoned if a business
advertised on that sign is no longer licensed, no longer has
a certificate of occupancy, or is no longer doing business at
the location noted on the siqn.
Add-on sign. Any additional sign added to a previously
permitted and/or conforming sign.
Advertising structure. Advertising structure shall mean any
structure installed for advertising purposes, with or without
any advertisement display thereon, situated upon or attached
to real property upon which any poster, bill, printing,
painting, device or other advertisement of any kind whatsoever
may be placed, posted, painted, tacked, nailed or otherwise
fastened, affixed or displayed; provided, however, that said
term shall not include buildings.
A-frame sign. A movable sign not secured or attached to the
ground as required by this code.
Animated sign. A sign with physical or light action or motion
or the appearance thereof, including lenticulation, wind
actuated elements, rotating, oscillating, fluttering,
flashing, or swinging signs, banners, but excluding permitted
flags.
Background area of sign. The entire background area of a sign
upon which copy could be placed. In computing the area of a
sign background, only that face or faces which can be seen
from anyone direction at one time shall be counted.
Banner. Any sign having the characters, letters,
illustrations or ornamentations applied to cloth, paper,
balloons or fabric of any kind with such material serving as
foundation. The word "banner" shall also include pennant or
any animated, rotating and/or fluttering device, with or
without lettering for design, and manufactured and placed for
the purpose of attracting attention.
Billboard (off-premises sign). Any sign, or framework
thereof, installed for the purpose of advertising merchandise,
services or entertainment, sold, produced, manufactured or
furnished at a place other than a location of such structure.
Building official. The words "building official" shall mean
the director of the Building Department, or any other person
so designated by the city Manager, and all persons working
under his/her authority and direction.
Building setback line. The building setback line is that line
established by the Land Development Code of the city of
Sebastian for minimum distance that buildings, or other
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structutes, Must be from adjacent property lines or public
rights-of-way.
Changeable copy sign. A sign which has message characters
that are not permanently attached to the sign, but which are
attached to permit numerous changes of the message at the sign
site without repainting of any part of the sign or removal of
any parts of the sign except the characters to be changed.
Ci ty. Unless the context clearly discloses the contrary
intent, "city" shall mean the city of Sebastian, Florida.
construction sign. A temporary sign identifying those engaged
in construction on any construction site while construction is
active pursuant to a valid permit issued by the city. This
includes all persons or artisans participating in said
construction.
Copy area of a sign. The actual area of the sign upon which
letters, marks or symbols are applied to any background area.
The copy area is computed by drawing straight lines closest to
copy extremities encompassing individual letters or words.
Development sign. A temporary sign advertising the sale or
rental of structures being constructed upon land which is
under development.
Directional sign. Any sign, permanently or temporarily
installed, on public property, by or with approval of the city
or any authorized governmental agency.
Double-faced sign. A sign with two (2) copy area which are
parallel to each other and back to back with the maximum
distance between the copy areas not to exceed two (2) feet.
Electric sign. See Illuminated sign.
Engineer. The term "engineer" shall refer to a person
registered as a professional engineer by the state of Florida.
Entrance sign. An identification structure located at the
main entrance to a city approved subdivision or development.
The only advertising on the structure shall be the name of the
subdivision or development.
Facade. That portion of any exterior elevation of a building
extending from grade to the top of the parapet wall or eaves
and the entire width of the building elevation.
Flag. A piece of fabric of distinctive design, color or
pattern that is used as a symbol of some country, state,
county, city, pOlitical party, organization or other entity.
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Flashincj sign. Any sign, used for identification,
directional, advertising or promotional purposes, which flash,
blink, cut on and off intermittently, and are used as exterior
signs or interior signs visible from the public right-of-way.
Flat or wall sign. The term "flat or wall sign" shall mean
any sign erected parallel to the facade or on the outside wall
of any building and supported throughout its length by the
wall of the building.
Freestanding sign. A sign which, is supported by one or more
columns, uprights, or braces ~n or upon the ground and
independent of any support from buildings or other structures.
Frontage street facade. That portion of the facade which is
visible from anv street. Only one street facade shall be
designated as frontage street facade.
Governmental sign. Signs owned by any governmental entity.
Ground sign. See Freestanding sign.
Home nameplate. A nameplate not more than one square foot in
area, indicating only the name of the occupant(s) or
identification of address.
Identification sign. One sign per business location not more
than three (3) square feet in area, painted on a wall used to
identify the name of the business located therein and/or its
principals and address. The top of said sign shall be no more
than eight(8} feet above ground level.
Illuminated sign. A sign in which a source of light is used
in order to make the message readable, including internally
and externally lighted signs.
Install. To erect or apply any kind of sign or advertising
device.
Instructional sign. A sign conveying instructions or warnings
with respect to the premises on which it is maintained. (e.g.
"Danqer-Bad Doq,", "Keep Off").
Marquee. Marquee shall mean a canopy or covered structure
projecting from and supported by a building, when such canopy
or covered structure extends beyond the building.
Marquee sign. Any sign attached to the side or front or hung
under a marquee, which sign shall not extend above the top of
a marquee or shall not be mounted upon the top of the marquee.
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Message 'center sign. Any sign that can electronically display
words, numerals, and/or characters in a programmed manner.
Multiple-faced sign. A sign with more than one face.
Nonconforming sign. Any sign which does not comply with the
regulations of this sign ordinance, or subsequent amendments.
Off-premises sign. See Billboard.
on-premises sign. See Point of purchase sign.
Painted sign. Any sign painted on any surface, including the
roof of any building or structure, visible from any public
right-of-way or from the air space above the structure.
parapet. That portion of the facade which extends above the
roof line.
Person. The word "person" shall include individuals,
corporations and any other entity capable of acting in its own
or represetative capacity.
Point of purchase sign. The term "point of purchase sign"
shall mean any structure, device, display board, screen,
surface or wall, upon which characters, letters or
illustrations are placed thereto, thereon or thereunder, by
any method or means whatsoever, where the matter displayed is
used for advertising, on the premises, a product or service
actually or actively offered for sale or rent thereon or
therein.
Pole sign. See Freestanding sign.
Political sign. Any sign urging the election or defeat of any
candidate seeking any political office, or urging the passage
or defeat of any ballot measure, but does not include any
billboard owned or maintained by a commercial firm or
advertising company.
Premises. A distinct unit or parcel of land
buildings, structures, or other appurtenances
including the appurtenances thereon.
and all
thereof
Projecting sign. The term "projecting sign" shall mean any
sign projecting at an angle from the outside wall or walls of
any building or similar structures and rigidly affixed
thereto.
PUblic property. All real and personal property" including
leasehold rights owned by the Federal, State or Local
governments, including all political SUbdivisions,
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authorities, 'or other entities to which the rights, powers and
privileges of the Federal, state and Local government have
been delegated.
Real estate sign. Any sign, installed on a temporary basis,
by the owner of real property or his agent, advertising the
real property upon which the sign is located for rent, sale,
or lease, but shall not include rooming house signs.
Revolving sign. See Animated sign.
Roof line. The intersecting lines of a roof, formed at the
junction of the roof with the walls of a building.
Roof sign. Any outdoor advertising display sign, installed,
constructed or maintained above the roof line of any building.
Rotating sign. See Animated sign.
sandwich sign. See A-frame sign.
semi-freestanding sign. Any sign which is supported by one or
more uprights or braces in or upon the ground and partially
attached to any building or structure.
Sidewalk sign. See A-frame sign.
Sign. The word "sign" shall mean any display of banners and
flags, characters, letters, illustrations or any
ornamentations, or the complete structure on which any such
characters, letters, illustrations or ornamentations are
stated or applied (except buildings to which the same may be
attached); used for identification, directional purposes,
advertising or promotional purposes; provided, however, that
"sign" shall not be construed so as to include self-contained
fixtures approved by the National Board of Fire Underwriters
or non-electrical display, wholly contained within a store
building and not visible from any public right-of-way.
snipe sign. Any sign of any size, made of any material,
including paper, cardboard, wood and metal, when such sign is
tacked, nailed, posted, pasted, glued or otherwise attached to
a tree, utility pole, fence or similar objects, and the
advertising matter appearing thereon is not applicable to the
premises upon which said sign is located. Also includes any
sign installed without permission of the owner of the property
on which the sign is located.
standpipe. An arrangement of piping, valves, hose outlets and
allied equipment installed in a building or structure with
outlets located in such a manner that water can be diSCharged
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through 'hose' and nozzles for the purpose of extinguishing a
fire.
Swinging sign. The term "swinging sign" shall mean any sign
that swings freely from or on supports regardless of the guy
wires used in connection therewith.
Time and temperature sign. A message center containing
illuminated numerals flashing alternately to show the time
and/or temperature.
Vee-shaped sign. Any sign that is attached to a building,
other than a flat or wall sign, and which has two (2) faces
which are not parallel.
vehicular sign. A sign affixed to or painted on a
transportation vehicle or trailer, for the purpose of business
advertising; however, not to include signs affixed to vehicles
or trailers for identification purposes.
Window sign. Any sign installed or maintained in the window
of any building or structure, visible from any public right-
of-way.
Sec. 20A-15.3. sign regulating procedures.
A. Licensing required. No person shall engage in a business
of installing or maintaining signs within the city, without
having first procured a license for such business in
accordance with the requirements of the city's license
ordinance then in force and effect.
B. Permitting procedures:
1. Permits. It shall be unlawful for any person to
post, display or install any sign or advertising
structure, or attach, apply or connect high voltage
tube lighting to existing signs, in the city
without first having obtained a permit or permits
therefor as hereinafter required, except as
provided for in subsection 20A-15.4(C} (8).
2. Applications. Applications for permits required by
this article shall be filed by such applicant, or
his agent, in the Community Development Department,
upon forms to be furnished by said department.
Said applications shall contain or have attached
thereto the following information:
(a) Name, address and telephone number of the
applicant.
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(b' Name, address and telephone number of the sign
owner.
(c)
Name, address
contractor(s)
applicable} .
(d) Location of building (or structure) and lot to
which or upon which the sign is to be placed
or maintained.
(e) Purpose of sign.
(f) Estimated value of sign.
and telephone number of
installing said sign
the
(if
(g) position of the sign in relation to adjacent
lot lines, buildings, structures, sidewalks,
rights-of-way, streets, intersections, and
easements.
(h) Type of sign and general description of
structural design and construction materials
to be used.
(i) Two (2) copies of detailed scaled drawings or
plans containing specifications concerning
structural details of the method of sign
construction, installation, and anchoring to
the building or ground. The specifications
shall show height, perimeter and area
dimensions, elevations, means of support,
method illumination and any other significant
aspect of the proposed sign.
(j) A statement indicating whether or not any
electrical wiring is required. If so, a
completed electrical permit shall also be
submitted (if required).
(k) A layout with sign colors shown or specified.
(I)
Any other information required
Community Development Department in
carry out the purpose and intent
article.
by the
order to
of this
(m) The following signs shall be designed by an
engineer, who shall submit to the building
official complete plans and calculations so as
to determine whether the sign complies with
the city's code:
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i. Projecting signs over twenty-four (24)
square feet in area.
ii. Billboards, freestanding signs (pole or
ground signs over forty (40) square feet
in area.
iii. Any sign which, in the opinion of the
Community Development Director, contains
unstructural or design features. It is
the intention of this provision to insure
the structural integrity of signs which
are unique in design.
3. Issuance. Provided all of the provisions of this
article shall have been complied with, and the sign
or advertising structure will not violate any of
the terms, conditions or provisions of this
ordinance, or of any other law or ordinance, the
building official shall issue a permit for each sign
or advertising structure, retaining a copy thereof
and a copy of plans of said advertising structure
for his records. Said copy of plans or records
shall be retained by the building official for at
least five (5) years. Permits shall be numbered in
the order of their issuance and shall disclose:
(a) Kind and size in square feet, and the height
and width of the sign, advertising structure
and any high voltage tube lighting authorized
by said permit.
(b) The street address of the property on which
the sign, advertising structure or high
voltage tube lighting is permitted to be
located and name of the owner or lessee of
said property.
(c) The location upon the property where the sign,
advertising structure or high voltage tube
lighting is permitted.
(d) The name of the person, firm corporation or
association installing structure.
(e) The estimated value of the sign.
(f) The amount of the fee paid for such permit.
(g) The date of issuance.
4. Inspections. The contractor or owner securing the
permit for any sign shall call the inspection
office and request an inspection whenever any sign
is being installed, and before any concrete is
poured; a final inspection shall be requested upon
completion.
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s. Revocations. The building official may revoke a permit or
approval, issued under the provisions of this code, if it is
found that there has been any false statement, concealment
or misrepresentation as to any material fact in the
application or plans on which the permit or approval was
based.
6. Fees. Permit fees for signs regulated by this article shall
be as determined by resolution of the city Council.
7. Signs exempted from permitting. The following types of
s~gns do not require a permit provided the sign shall: (I)
comply with section 20A-15.4, "Prohibitions and exceptions";
(2) comply with the applicable requirements in the zoning
district where placed; (3) comply with other provisions in
this subsection; and (4) be consistent with the spirit,
intent and purpose of this article:
(a) Identification signs.
(b) Directional signs.
(c) Home nameplate and identification.
(d) PUblic signs. Signs erected by or on behalf of or
pursuant to the authorization of a governmental body,
including legal notices, identification information
signs, and traffic, directional or regulatory signs.
(e) Flags. When used for symbolic, non-commercial
purposes.
(f) Real estate signs. Subject to the provisions of
subsection 20A-15.5(A}.
(g) Political signs. Subject to the provisions of
subsection 20A-15.5(B}.
(h) Construction signs. subject to the provisions of
subsection 20A-15.5(C}.
(i) window signs. Subject to the provisions of subsection
20A-15. 5 (D) .
(j) Holiday signs. Subject to the provisions of
subsection 20A-15.5(E}.
(k) Vehicular signs.
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Sec. 20A-15.4. Prohibitions and exceptions.
From and after the effective date of this ordinance it
shall be unlawful for any person to erect or use within the
city:
a. Any swinging sign.
b. Any snipe sign.
c. Any banner, excepting approved special event signs
pursuant to section 20A-15.5.
d. Any sign erected, located or maintained so as to
prevent free ingress to or egress from any door,
window or fire escape.
e. Any sign attached to a standpipe or fire escape.
f. Any sign or other advertising structure which by
reason of its position, shape or color interferes,
obstructs or may be confused with any authorized
traffic control device or emergency vehicle signal.
g. Any sign or other advertising structure, except
public signs, that is placed or erected on or over
a pUblic right-of-way, sidewalk, street, or curb.
h. Any other type or kind of sign which does not
comply with the terms, conditions and provisions
contained in this article and ordinances mandatory
hereto and supplemental hereto.
i. Unauthorized sign on city property.
j. Any sidewalk, A-frame or sandwich sign.
k. Any animated sign, except message center signs,
time, temperature, and barber signs with a complete
time and/or temperature sequence span of four (4)
to eight (8) seconds.
I. Any add-on signs unless they shall have been issued
a permit in conformance with the sign code.
Sec. 20A-15.5. Temporary signs.
All temporary signs not listed in subsections 2 OA-15. 5 (A)
through 20A-15. 5 (G) and also not complying with all applicable
criteria of this section shall be treated in all respects as
permanent signs, except that such temporary signs shall not be
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included in calculating the total amount of permitted sign
area. No temporary signs shall be illuminated except for
holiday signs, or special event signs approved by the city
Council. All temporary signs shall be located on private
property except as specified herein below:
A.
1.
Real estate signs. Only one sign, shall be
permitted, per street frontage, on each parcel
of land located in any district provided that
such signs do not exceed an area of six (6)
square feet in a residential area and sixteen
(16) feet in nonresidential districts. Said
signs may include "Open House," "Open For
Inspection,"Open" and other similar signs.
2. Oft-premises open house signs. Each residence
that is open for inspection for sale or lease
may have the seller or the agent install off-
premises open house signs to direct persons to
the open house, sUbject to the following:
(1) The sign shall not exceed four (4) square
feet in sign area, shall be located at
least five (5) feet from the adjacent
road, and shall not exceed a height of
three (3) feet above the crown of the
road.
(2) The message shall be limited to "open
House, II "open For Inspection," or
substantially similar phrase, and the
name of the owner of the sign.
(3) Each sign shall be made of metal,
plastic, wood, or other weather resistant
material. Paper or cardboard signs are
prohibited.
(4) Each sign shall not be put in place off-
premise before 9:00 a.m. and shall be
removed each day not later than 8:00 p.m.
Any such sign in violation of these
restrictions may be summarily removed by
the City without notice.
B. Political signs.
1. [Generally] Political signs shall not be
posted on or over any public property, as
defined in section 20A-15.2.
2. Political signs in residential districts.
Political signs in residential districts are
allowed SUbject to the following provisions:
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(a) No sign shall exceed sixteen (16) square
feet;
(b) No sign shall be illuminated;
(c) Each sign shall be freestanding;
(d) Each sign shall be located wholly on
private property;
(e) Each sign shall be placed at least five
(5) feet from all rights-of-way and
sidewalks;
(f) No sign shall exceed five (5) feet in
height;
(g) No sign shall be placed on or attached to
any tree or utility post.
3. Political signs in non-residential districts.
Political signs in non-residential districts
are allowed sUbject to the following
provisions:
(a) No sign shall exceed twenty (20) square
feet;
(b) No sign shall be illuminated;
(c) Each sign shall be freestanding;
(d) Each sign shall be located wholly on
private property;
(e) Each sign shall be placed at least five
(5) feet from all rights-Of-way and
sidewalks;
(f) No sign shall exceed ten (10) feet in
height;
(g) No sign shall be placed on or attached to
any tree or utility post.
4. Posting time limits. It shall be unlawful for
any person to post a political sign more than
thirty (30) days prior to the election in
which the candidate's name or the issue will
appear, and it shall be unlawful to fail
to remove a political sign within five (5)
days after the election in which the candidate
is eliminated or elected or the issue is
approved or disapproved.
5. Fine. A fine of $25.00 per sign may be
imposed upon the person posting said sign or
upon the candidate promoted on said sign for
any of the following:
(a) Failure to remove all signs within the
applicable five-day period for removal;
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(b) Placement of signs upon public property
or upon any tree, utility pole, or
similar object.
6. Prima facie evidence. Political signs placed
in violation of this section which advertise a
particular candidate shall be prima facie
evidence of the placement or authorization of
the placement of the sign by the candidate.
7. Removal of illegal signs. The building
official shall order the immediate removal of
any political sign found posted within the
city in violation of this section. If the
sign is not removed within two (2) days, the
building official or his authorized agents
shall remove the political sign.
8. Reimbursement for removal expense. The
candidate or the president of the committee
supporting or opposing the ballot measure, as
applicable, shall reimburse the city for any
and all expenses of removal incurred by the
City.
C. Construction signs. Construction signs shall be
permitted only while construction is actually in
progress and shall be removed within fifteen (15)
days following the issuance of a certificate of
occupancy, completion or abandonment of work,
whichever occurs first. Such signs shall
not exceed an area of sixteen (16) square feet.
Each sign shall be at least twenty (20) feet from
contiguous property lines of adjacent land owners
and at least (5) feet from any right-Of-way. No
permit shall be required for such temporary
construction signs. No such sign, however, shall be
erected prior to the issuance of a building permit.
D. Window signs. For each facade, such signs,
collectively, may not cover more than fifty (50)
percent of the total surface area of the
transparent portion of all window(s} and door(s}
Signs attached permanently to the interior of a
building window or glass door shall be required to
obtain a permit and the area of said sign shall be
counted against the allowable signage permitted in
section 20A-15.7 (C)(2). In no case shall any
window sign, temporary or permanent, violate
Section 30-77 (7) of the Code of Ordinances of the
city of Sebastian.
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E.
Holiday signs. Displays,
erected in connection with
holidays. Such signs shall
thirty (30) days following the
including lighting,
the observance of
be removed within
holidays.
F. Public, charitable, education, religious, short
term special sales promotion, or special event
signs. Temporary signs announcing any public,
charitable, education, religious or other special
event or function may be installed SUbject to
compliance with the following conditions:
1. Timing of placement and removal. Such signs
shall be placed not more than fourteen (14)
days prior to the event and must be removed
not later than twenty-four (24) hours after
termination of the event. A maximum of 3
separate occasions or special event may be
permitted within any 365 day period.
Exception: Any new business or relocation of
an existing business within the city of
Sebastian shall be allowed grand opening signs
not to exceed 30 days. These signs shall not
count as a special event sign as described
above.
2. Character of signs. Such signs shall not
exceed the following requirements:
a. Properties with less than 100 feet of
frontage shall be permitted a total of 32
square feet of sign area.
b. Properties of more than 100 feet of
frontage shall be permitted a total of 64
square feet of sign area.
c. Banners are permitted to be utilized as a
temporary promotional sign.
3. Waiver from requirement of subsection. The
building official shall advise any applicant
desiring relief from subsection 20A-15.5(F} of
his right to approach the City Council to
request a waiver of such requirements. Upon
request of an applicant, city council may
alter or waive the requirements of subsection
20A-15.5(f) of this Article.
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G.' Active sUbdivision signs.
1. on-premises active subdivision signs may be
erected sUbject to compliance with the
following conditions in addition to other
applicable provisions of this section. These
signs are not sUbject to subsection 20A-
15.5 (A) .
2. Eligible sites. Such sign may be placed only
on property consisting of land duly platted,
as a subdivision, and within the platted
boundaries of said property.
3. Character of sign. Such signs shall not
exceed thirty-two (32) square feet. Such sign
must be located on the premises of the
development subdivision, at least five (5)
feet from all rights-of-way, and at least
twenty (20) feet from contiguous property
lines. These signs can be illuminated.
4. Time of removal. Each active subdivision sign
erected must be removed after a per iod of
fourteen (14) days after the last unit or lot
in the subdivision is sold, leased or rented:
5. Filing of plat. Prior to the erection of such
a sign, a preliminary plat of the subdivision
shall be placed on file in the office of the
City Clerk.
6. Persons permitted. Only the agent of the
developer or owner of the property shall be
authorized to place signs on the property.
The property owner's signed authorization
consenting to the placement of a sign
representing an exclusive real estate agent on
his premises shall be filed in the office of
the City clerk prior to the placement of the
agent's sign.
H. other temporary signs. The following criteria
shall serve to define other temporary signs not
identified in the foregoing categories. other
temporary signs must comply with each of the
following criteria:
1. Not more than one such temporary sign may be
located on any lot;
2. No such temporary sign may exceed four (4)
square feet in surface area; and
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3: Such temporary sign may not be displayed for
longer than three (3) consecuti ve days nor
more than ten (10) days out of any three
hundred sixty-five-day period.
Sec. 20A-15.6. General sign requirements.
A. Rules for interpreting sign calculations:
1. Determining the number of signs. For the
purpose of determining the number of signs, a
sign shall be considered to be a single
display surface or display device containing
elements organized, related, and composed to
form a unit.
2. computation of sign area. The surface area of
a sign shall be computed by including the
entire area within a single, continuous,
rectilinear perimeter of not more than eight
(8) straight lines, or a circle or an ellipse,
enclosing the extreme limits of the writing,
representation, emblem or other display,
together with any material or color forming an
integral part of the background of the display
or used to differentiate the sign from the
backdrop or structure against which it is
placed, but not including any supporting
framework or bracing that is clearly incidental
to the display itself.
a. MUlti-sided signs, with respect to three-
dimensional or multi-sided signs, the
surface area shall be computed by
including the total of all sides designed
either to attract attention or
communicate information.
Exception: 1. Any double face sign
(back to back and parallel to each other)
provided said face of each sign are not
separated by more than 2 feet.
Exception: 2. A vee-shaped sign which
are not parallel and the angle between
said faces do not exceed 45 degrees.
3. Total sign surface area. Unless otherwise
provided in this article, the total surface
area devoted to all signs on any lot shall not
exceed the limitations set forth in section
20A-15.8, and all signs except temporary signs
shall be included in this calculation.
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B.' Construction standards. All signs shall comply
with all applicable standards of the City's
building code, fire code, health code, electrical
code, development code, and all other applicable
codes.
C. Maintenance. All signs within the city limits
including all supports, braces, guys and anchors
shall be kept in good repair. The Building
Official may order the removal by and at the
expense of the owner or lessee of any sign that is
not properly maintained.
D. Signs not to constitute a traffic hazard. No sign
shall be placed at any location in the city where
it may interfere with or obstruct the view of any
motorist, or be confused with any authorized
traffic sign, signal or device. The Building
Official shall have the authority to refuse the
erection, or to order the removal of any sign, if
any sign constituting an obstruction to motorists
or pedestrians or otherwise are viewed to be
impediments to traffic safety or traffic flow.
E. Signs not to encroach electric utility clear zone.
No sign shall be placed closer than eight (8) feet
from the nearest part of any utility pole which
supports electrical transmission lines (see (A)of
diagram below). No sign shall be placed closer
than eight (8) feet from the nearest part of any
electric transmission line (See (B) of diagram
below). If the National Electrical Code is now or
hereafter more restrictive than the provisions of
this subsection, the most restrictive provisions
shall prevail.
~ A EI\1HT FOOT ClEAFlANCE
~ B EIGHT fOOT C1.EAA~
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F. Illuminated signs:
1. Shielded light source. The light from any
illuminated sign, or from any light source,
shall be shaded, shielded or directed so that
the light intensity or brightness shall
neither adversely affect the surrounding
premises nor impede safe vision of operators
of vehicles moving on streets or parking
areas.
2. Exposed lighting restrictions. No signs,
except message center signs and time and
temperature signs, shall have exposed
fluorescent lighting, exposed neon,
fluorescent paint, or be phosphorescent. All
unexposed neon shall be approved by any
testing laboratory acceptable to the city.
Similarly, illuminated tubing or strings of
lights that outline property lines, sales
areas, or similar areas are prohibited,
except:
a. holiday observance signs
b. Any exposed neon signs or lighting
totally within an enclosed building. All
exposed or unexposed signs shall be
counted against the allowable signage
permitted in section 20A-15.7(C} (2).
3. Light source. No sign shall have a light
source which exceeds the following criteria
for light intensity:
Brightness and Intensity for Criteria
Light Source Shall Not Exceed In:
Light
Source
Residential
or Residential
Portions of PUD
Districts
COR, PS and
commercial
Portions of
PUD Districts
CL, CG,
MCR, GMC,
IN, and AI
Districts
Exposed Bulbs
10 watts
15 watts
15 watts
Luminous
90 ft lamberts
150 ft lamberts
20 ft
lamberts
75
footcandles
Illuminated
50 footcandles
50 footcandles
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4. Restriction on flashing signs. No flashing
sign shall be permitted except time and
temperature signs, message center signs,
public signs, and holiday observance signs.
G. Height of and distance separating signs. No part
of any sign affixed to a building shall exceed the
height of the building to which the sign is
affixed. The height of the building shall be
measured exclusive of elevator shafts and/or air
conditioning condensing units and/or cooling
towers. Any sign projecting over private property
and located above motor vehicle use or storage
areas, shall be erected and maintained at a height
not to be less than fourteen (14) feet. The height
of freestanding signs is controlled for respective
zoning districts in section 20A-15. 8. Distance
requirements in this article shall be measured from
the nearest part of any sign (or its structure) to
the nearest point of the closest applicable setback
line, property line, roof line, or other applicable
restricting line of point of separation (including
distance between signs) or height limitation.
H. Appearance of signs:
1. Shape, color, lettering, location and
arrangement of signs shall not be clearly
disharmonious with the building design and
surrounding landscape.
2. Every sign shall have good scale and good
proportion in its design and in its visual
relationship to buildings, surroundings, and
other signs.
3. Colors shall be used harmoniously. Lighting
shall be harmonious with the design. If
external spot or flood lighting is used, it
shall be arranged so that the light source is
shielded from view.
4. No sign installed in the city on the effective
date of this section shall become
nonconforming based solely on this subsection
20A-15.6(H), "Appearance of signs".
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Sec. 20A-15.7
Sign regulations tor zoning districts.
A. Signs in residential districts. In the RE-40, RS-
20, RS-15, RS-I0, RM-8, RM-12, R-MH, and
residential portions of Planned unit Development
districts. The fOllowing signs are permitted
sUbject to compliance with the provisions of this
article:
1. Single-family residences and duplexes. No
signs other than home nameplates and
instructional signs not exceeding two square
feet shall be permitted for single-family
homes and duplexes. These signs do not
require permits.
2. Multiple-family structures of ten units or
less. A premises containing ten (10) or less
dwelling or rooming units may install a single
sign per street frontage indicating the name
and/or address of the premises, provided the
sign has a maximum area not exceeding ten (10)
square feet, and shall not be higher than six
(6) feet unless the sign is mounted flush
against the wall of the building. These signs
require permits.
3 . Mul tiple-family structures of more than ten
units or approved nonresidential uses in
residential districts. A premises containing
more than ten (10) dwelling units or rooming
units or approved non-residential use may
install a single sign per street frontage,
indicating only the name and/or address of the
premises. The sign shall have a maximum area
not exceeding twenty (20) square feet and
shall not be higher than ten (10) feet unless
the sign is mounted flush against the wall of
the building. These signs require permits.
Religious symbols may be erected and exceed
the above reference requirements subject to
the approval' of the Planning & Zoning
Commission. The Planning & Zoning Commission
shall review these types of signs to determine
compliance pursuant to Section 20A-I0.2.B.
4. Subdivision entrance signs. One on-premises
sign not exceeding sixty-four (64) square feet
in area may be erected at each principal
entranceway to a residential subdivision.
However, only one such sign shall be permitted
for each common street serving a subdivision.
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Such sign must be located wholly within the
property line of the subdivision which the
sign identifies and shall not be located
within any right-of-way. These signs require
permits.
5. Instructional signs. In multiple-family
districts only on-premises instruction signs
having an area not exceeding four (4) square
feet are permitted, provided such signs, if
freestanding, shall be located a minimum of
five (5) feet within all property lines and
shall not exceed five (5) feet in height. In
single-family residential districts such on-
premises instructional signs may be placed
only on premises developed for nonresidential
uses approved by the planning and zoning
commission.
B. Signs in the PS, Public service District. In the
PS zoning district one sign shall be permitted per
street frontage or per each three hundred (300)
feet of street frontage, whichever is greater.
Furthermore, where two (2) or more freestanding
signs are placed along a single street frontage,
such signs shall be separated by a minimum distance
of forty-eight (48) feet. The cumulative area of
all such signs shall not exceed one eighth square
foot per one foot of property frontage; however,
the maximum area of any single sign shall not
exceed forty-eight (48) square feet. All
freestanding signs shall be located at a minimum of
10 feet from the front property line and 20 feet
from any other common property line, and shall not
be higher than 10 feet unless mounted flush against
the building. These signs require permits.
Scoreboards inside ballparks or recreational ball
fields and of which are not visible from any
adjacent property or public right-of-way are exempt
from the provisions of this subsection. These
signs do not require permits.
In the PS district, instructional signs having an
area not exceeding four (4) square feet are
permi tted, provided such signs, if freestanding,
shall be located a minimum of five (5) feet within
all property lines and shall not exceed five (5)
feet in height. Such signs require permits.
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Re'ligious symbols and governmental signs may be
erected and exceed the above reference requirements
subject to the approval of the Planning & Zoning
Commission. The Planning & Zoning commission shall
review these types of signs to determine compliance
pursuant to section 20A-I0.2.B.
C. sign regulations for nonresidential zoning
districts (excepting the PS district). The number
and size of point of purchase signs in the COR, CL,
C-512, CG, MCR, GMC, IN, AI and nonresidential
portions of the Planned Unit Developments shall be
governed by the percentages and limitations imposed
herein, excluding temporary or instructional signs,
which may be in addition to said percentages and
limitations imposed herein, excluding temporary or
instructional signs, which may be in addition to
said percentages under the conditions contained
herein.
1. Freestanding Signs.
a. Copy Area Permitted
i. Front footage. There shall be one
square foot of allowable cumulative
copy area for all front freestanding
signs for each lineal foot of
property frontage. Owner shall
declare one street as his frontage
street.
ii. Footage not adjacent to residential
property. There shall be one-half
square foot of allowable copy area
for freestanding signs along all
other pUblic rights-Of-way for each
lineal foot of property along said
pUblic rights-Of-way.
iii. Adjacent to residential properties,
except COR zoning distr ict. There
shall be one-square foot of
allowable cumulative copy area for
freestanding signs along public
rights-Of-way adjacent to
residentially zoned (except COR)
property for each lineal foot of
property along said pUblic rights-
of-way.
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iv. Any freestanding sign may be
supported by poles or columns and
said supporting members may have
decorative covers or molding
provided the surface area (single
two-dimensional side) of said cover
shall not exceed the surface area of
the two-dimensional side of the sign
above the cover.
v. No freestanding sign shall exceed
300 square feet in area unless
approved by the Planning & Zoning
Commission. The Planning & Zoning
Commission shall review signs over
300 square feet in area to determine
compliance pursuant to Section 20A-
10.2(B}.
vi. All freestanding signs shall display
their building number on such sign
pursuant to section 20A-5.46.
vii. Religious symbols may be erected and
exceed the above reference
requirements subject to the approval
of the Planning & Zoning commission.
The Planning & Zoning Commission
shall review these types of signs to
determine compliance pursuant to
Section 20A-10.2.B.
b. Instructional signs.
Instructional signs shall be exempt from
the limitation on total sign area allowed
per business and the requirement of five
(5) foot of setback from any common
property line. However, an instructional
sign shall not be more than three and
one-half (3 1/2 feet in height nor total
more than five (5) square feet in area.
c. Height regulation. The height of
freestanding signs shall not exceed
twenty (20) feet placed within the
minimum setback. For every three (3)
feet the sign placement exceeds the
minimum setback, the height of the sign
may be increased one additional foot to a
25
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maximum
except
stated
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height of twenty-five (25) feet,
in large shopping centers as
in paragraph e. below.
,.
d. Height regulations for certain shopping
area signs.__A freestanding point-of-
purchase sign not exceeding thirty-two
(32) feet in height may be erected in a
shopping area with a gross square footage
of thirty thousand (30,000) square feet
or more.
e. Distance separating signs. There shall
be a minimum of forty-eight (48) feet
between freestanding signs located on the
same property.
f. Separation from property lines. No
freestanding signs shall be permitted
within Five (5) feet of any common
property line except instructional signs
which shall be as provided herein.
2. signs attached to buildings:
a. Applicability. Signs attached to
building facades shall include wall,
flat, painted, vee-shaped and marquee
signs. However, roof signs are
prohibited.
b. Copy area:
i. For wall signs on frontage street
facade. There shall be an allowable
amount of sign area for signs
attached to the frontage street
facade of a building not to exceed
15 percent of the facade. In
calculating the area of a building
facade no additional credit shall be
given for the surface of any canopy
or awning. The calculation for the
allowable facade credit shall always
be calculated on a flat, two-
dimensional plane and shall not
include that part of any parapet,
marquee, pylon or other surface
which extends above the roof line.
A mansard roof shall be classified
as a parapet wall. If the lower
edge of a slanted roof, other than a
26
mansard roof, extends below the top
of the supporting wall, the
allowable facade shall be the area
of the wall minus the area covered
by the roof.
ii. For signs on facades other than
frontage street facade. There shall
be an allowable amount of sign area
for signs attached to facades, other
than the frontage street facade, not
to exceed 7.5 percent of the facade.
However, when said facade faces
residentially zoned property, the
allowable amount of sign shall not
exceed 4 percent of the facade.
c. Placement of wall signs and marquee
signs. No flat, wall or vee-shaped signs
shall be erected at a distance of more
than eighteen (18) inches beyond the face
of any building, marquees being
considered as a part of a building. The
outside edge of wall signs or marquees
shall not be closer than twenty-four (24)
inches from the curb line. signs may be
placed in whole or in part upon a
parapet, but no sign shall be extended
above or be mounted upon the top of a
parapet or marquee. One identification
sign may be attached to the sides or
front of a marquee or hung under a
marquee at a business entrance, in which
case the sign shall not exceed six and
one-half (6 1/2) square feet in area,
shall maintain a 7'6" minimum clearance
above the sidewalk or ground level and
sha 11 not extend beyond the marquee's
perimeter.
d.
Noncombustible material.
all electric wall signs
noncombustible materials.
The surface of
shall be of
e. RegUlation against obstruction. No wall
sign shall cover wholly or partially any
required wall opening, nor project beyond
the top of the wall to which it is
attached.
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f. Wall sign projection. All bracing and/or
lighting shall be hidden or covered so
that it shall not be visible from the
public right-of-way. The covered
portion of the ends of such signs shall
not be used for advertising purposes.
3. projecting signs:
a. Not to encroach right-of-way. No
projecting sign shall project over any
pUblic right-of way.
b. Allow substitution copy area and size. A
projecting sign may be substituted for an
allowed freestanding sign. However, the
maximum allowable size for such a
substi tution shall not exceed one-half
the allowable size of the freestanding
sign for which it is substituted or shall
not exceed the allowable amount of sign
area for signs attached to facades as
shown on the street Facade Sign Area
Table of this code, whichever is less.
c. Noncombustible material. All projecting
signs shall be constructed entirely of
metal or other noncombustible material
and securely attached to a building or
structure by metal supports such as
bolts, anchors, supports, chains, guys or
steel rods. No staples or nails shall be
used to secure any projecting sign to any
building or structure. The use of
plastic material is permitted as approved
in subsection 20A-15.6(B} (2) of the sign
code.
d. Placement. No projecting sign, which is
entirely dependent upon a wall for
support, shall be erected on the wall of
any building so as to project above the
roof line or parapet wall or above the
roof level where there is no parapet
wall. A sign attached to a corner of a
building and parallel to the vertical
line of such corner, shall be deemed to
be erected at a right angle to the
building wall. A projecting sign shall
not proj ect more than thirty-six (36)
inches from the wall of a building and
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shall not overhang a pUblic right-of-way.
Such sign shall comply with height
regulations of subsection 20A-15.6(G} and
shall be elevated a minimum of 7'6" over
any sidewalk or pedestrian way. No sign
or part of a sign or its supporting
structure shall cover any window or part
of a window. No proj ecting sign or
supporting structure shall be located in
such a manner as to obstruct window light
and vision. The city shall be held
harmless for any liability associated
with projecting signs.
D. All billboards shall be prohibited within the city
of Sebastian except for the following:
1. Billboards shall be prohibited within the city
of Sebastian except for directional signs as
permitted below. These signs shall be
regulated pursuant to the provisions of S20A-
15.7(c} (1) of this Article.
2. Directional sign (private) - The intent of
this type of sign is to direct traffic to a
place of business within the city limits. No
sign shall be utilized exclusively to
advertise a place of business without giving
directions or utilizing an arrow.
a. One sign not exceeding 32 square feet in
area may be located in or on the waters
of the Indian River for any approved
marina within the City of Sebastian.
These signs must have approval from the
State of Florida prior to obtaining a
permit from the city of Sebastian.
b. One sign not exceeding 32 square feet may
be located on any lot within COR, C-512,
CL, CG, IND.
Sec. 20A-15.8. Regulations of nonconforming signs and
enforcement.
A. Continuance of preexisting structures. Any sign,
billboard, or advertising structure which lawfully
existed and was maintained at the time this
ordinance became effective, may be continued,
although such structures do not conform to all the
provisions hereof; provided that no structural
alterations are made thereto.
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1. Impact of damage to nonconforming signs. Any
nonconforming sign which is destroyed or
damaged, to the extent of fifty (50) percent
or more, or is altered or replaced, shall not
be altered, replaced or reinstalled unless and
until it shall have been made to conform to
the provisions of this article. Public signs
erected by the City are exempted by this
article.
2. Removal of nonconforming signs:
a. Destruction, damage or obsolescence. The
use of any nonconforming sign shall
terminate whenever the sign is damaged or
destroyed beyond fifty (50) percent, from
any cause whatever, or becomes obsolete
or substandard under any applicable City
ordinance to the extent the sign becomes
a hazard or danger and upon termination
shall be removed.
B. Enforcement. Enforcement of this article shall be
conducted pursuant to the provisions of Article VI,
Division 2, SS2-176 through 2-200 of the Code of
Ordinances of the city of Sebastian.
1. stop work orders (violations). Upon notice
from the building official that work on any
sign or advertising structure is being done
contrary to the provisions of this code or in
a dangerous or unsafe manner, such work shall
be immediately stopped. Such notice shall be
in writing and shall be given to the owner of
the property, or to his agent, or to the
person doing the work, and shall state the
condi tion under which work may be resumed.
Where an emergency exists, no written notice
shall be required to be given by the building
off icial. "
Section 2. CONFLICTS. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the
city Council of the city of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
ordinance shall become and be made a part of the Land
Development Code of the city of Sebastian, Florida; that the
sections of this ordinance may be renumbered or relettered to
accomplish such intention; and the word "Ordinance" may be
changed to "Section," "Article" or other appropriate
designation.
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Sect~on 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this ordinance is invalid or unconstitutional, the
remaining provisions of this ordinance shall not be affected
and it shall be presumed that the city Council of the city of
Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that
the City Council would haver enacted the remainder of this
ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and
effect.
Section 5. EFFECTIVE DATE. This ordinance shall
become effective immediately upon its adoption.
The foregoing
Council-member
seconded by Counc~lmember
being put to a vote, the vote
was moved for adoption by
The motion was
and, upon
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this
and adopted this I Lf.S day of
.
duly passed
ATTEST: -
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Vero Beach Press Journal as
required by state statute, that one public heari~as held on
thilfardinance at 7:00 p.m. on the ~day of ~'
199 , and the following said public hearing thls ordi ance
was assed by the city Council.
Approved as 0 form and content:
Charles Ia
./'/'.
Attorney
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