§ 30-1432. General provisions.

(a)

Definitions . See section 30-32.

(b)

Type of activities affected. This division shall apply to any person who erects, constructs, enlarges, moves, changes the copy of, modifies, or converts any signs, or causes the same to be done. If a type of sign is not specifically permitted, it shall be considered to be prohibited.

(c)

Types of activities not affected. The following activities shall not be considered as creating a sign and thus are not subject to the provisions of this division. However, such activities must still comply with the village Building Code and other regulations of the village, state and federal governments.

(1)

Required signs. Any sign erected by or at the direction of the federal, state or local government. Such signs shall not reduce the authorized size or number of signs otherwise allowed by this division.

(2)

Manual changeable copy signs, changing of copy. Changing of interchangeable letters on manual changeable copy signs.

(3)

Maintenance. Repainting, cleaning or other normal maintenance and repair of a sign not involving change or modification of copy.

(4)

Changes of copy. A permit is not required for a change of copy which does not otherwise require a building or electrical permit, however in no instance may the change of copy increase the area of the sign face.

(5)

Flags. Each residential or nonresidential property may fly up to three flags visible from any public right-of-way or waterway. No flag shall exceed 60 square feet. A permit is required for the installation of the flagpole pursuant to the Florida Building Code. All flagpoles existing on the effective date of this division will be considered conforming and will be allowed to continue. There shall be no restriction on the number of flags flown on the day of a U.S. or state recognized holiday, on Flag Day, on Armed Forces Day, on any officially declared day of mourning, or on a day upon which the president or governor has called for a display of flags.

(d)

Measurement of sign area.

(1)

Sign face area, individual signs. The sign face shall be computed by means of the smallest square, rectangle or triangle that will encompass the outer 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 area used to differentiate the sign from the backdrop against which it is placed. Sign area shall not include the area of the supporting structures, provided the supporting structures are not used for advertising purposes or to draw attention to the sign. In the case of wall-mounted signs without a border or frame, the surface area shall include such reasonable and proportionate space as would be required if a border or frame were used. The sign face area for awning signs shall be computed by means of the smallest square, rectangle or triangle that will encompass the outer limits of the copy.

(2)

Sign face area, multiple-faced signs. With the exception of projecting signs, where signs are installed back-to-back, where only one face can be viewed from any point at the same time, and when such sign faces are a part of the same sign structure and are not more than 24 inches apart, the sign area shall be computed by the measurement of one of the faces. In cases where one face is larger than the other the larger of the two will be counted as the area.

(e)

Measurement of sign height. The height of a sign shall be considered to be the vertical distance measured from the top of the structure to the finished ground elevation of the site at the sign. In no event may excess fill be used to raise the sign above the authorized height.

(f)

Location of signs.

(1)

Near street, driveway and bicycle path intersections. No sign shall be erected which is located or designed in such a manner as to, in the opinion of the director of planning and development services, create a safety hazard by obstructing the vision of pedestrians, cyclists, or motorists traveling on or entering streets, driveways or bike paths.

(2)

Clearance from high voltage power lines. Signs shall be located in such a way that they maintain a clearance of ten feet to all overhead electrical conductors and a three-foot clearance on all secondary voltage service drops.

(3)

Setbacks from property lines. The minimum setback for ground-mounted signs on all sides shall be five feet for side and rear yard setbacks and zero feet for front yard setback.

(4)

In the right-of-way. Supports for signs or sign structures shall not be placed in or upon a public right-of-way, public easement or public property.

(5)

Location over right-of-way. Except as is provided for in section 30-1433(1)b, no sign shall project over a public right-of-way.

(6)

Blocking exits, fire escapes, required parking or loading space, etc. No sign or sign structure shall be erected that impedes use of any fire escape, emergency exit, standpipe, or required parking or loading space.

(g)

Sign identification and registration.

(1)

Registration of signage. All signs requiring a permit may be registered with the village. Application for registration shall be made on a form prescribed by the director of planning and development services. The purpose of sign registration is to provide a record of existing signage that may have been lawfully erected, but for which permits or other records may or may not exist. Property owners voluntarily registering their signs may, upon request, receive a written determination as to the conformity of their signage.

(2)

Sign identification. All signs issued a permit shall display the building permit number associated with the construction of the sign on the sign or sign structure, in a location visible from grade.

(h)

Address requirements. All commercial properties shall be required to display the street number in a location that is visible from the closest street by August 28, 2001. The copy height of address signs shall be no less than four inches and no greater than eight inches. If the address is included within a sign area, the size of the sign shall not exceed area requirements; however, if the address is outside of the sign area, such as attached to the sign supports, then the address shall not be included in the calculation of the maximum sign area.

(i)

Prohibited signs. The following signs are prohibited. However, signs existing on August 28, 2000, which are listed herein as prohibited, shall be considered to be nonconforming and shall be subject to all applicable provisions of this division regarding nonconforming signs.

(1)

Abandoned signs. Note: signs that conform to all other provisions of this division shall not be considered abandoned if all copy is either removed or covered by the property owner within 90 days of the cessation of the business advertised.

(2)

Advertising vehicles.

(3)

Animated signs.

(4)

Attention-getting devices.

(5)

Billboards and other off-premises signs. Notwithstanding this provision, any billboard or off-premises sign or advertising matter that has been lawfully erected prior to August 28, 2000, and is entitled to protection pursuant to the provisions of F.S. ch. 479, shall be exempt from the amortization provisions of this division.

(6)

Electronic message center signs.

(7)

Flutter, feather, sail and teardrop flag signs.

(8)

Human signs.

(9)

Illegal signs. Illegal signs existing on August 28, 2000, shall be considered nonconforming only if the sign complies with the code in existence when the sign was erected.

(10)

Light graphics.

(11)

Portable signs if not specifically permitted by this division.

(12)

Roof signs, except as provided for in Code section 30-1436.

(13)

Snipe signs.

(14)

Signs that create traffic hazards.

(15)

Any sign not prescribed as a permitted sign, and permitted signs only to the extent allowed by this division.

(j)

Dangerous and defective signs. No person shall allow any sign which is determined by the building official to be in a dangerous, defective, or dilapidated condition to remain on any premises owned or controlled by him. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises, or as otherwise provided for in this division.

(k)

Signs not requiring permit. The following do not require a permit but still are subject to the provisions of this division:

(1)

A-frame signs . Every nonresidential developed parcel of land shall be permitted one A-frame sign provided all of the following criteria are met:

a.

The sign [shall be registered] with the village with a fee as shall be established by resolution of the village council and the sign shall be registered and/or renewed annually with the department of planning and development services by October 1 of each year;

b.

The sign permit number shall be permanently affixed to the sign in a plainly visible manner;

c.

The sign shall be a minimum of six square feet and maximum of nine square feet per face;

d.

The sign shall not exceed four feet in height, exclusive of the sign legs that shall be no more than six inches in height;

e.

The sign shall be of an A-frame type construction, with only two sign faces that are joined at the top and no wider than four feet at the base;

f.

The sign shall be professionally constructed of a durable material including but not limited to aluminum, cast metal, molded plastic, PVC, recycled plastic, lumber, metal, wood or other similar materials;

g.

No additional attachments shall be permitted to the sign;

h.

The sign shall be adequately weighted to prevent collapse or floatation; however, the sign shall remain portable and not permanently affixed to the ground;

i.

The sign shall not be illuminated, animated, electrically powered in any way or have any electric devices attached thereto;

j.

The sign shall only be displayed during the sign owner's business hours and shall be stored indoors when the business is not open, during tropical storm/hurricane watches and warnings, and other severe weather advisories;

k.

The sign shall be located on a private parcel of land and identify a business on that same private parcel of land. The sign shall not be located in a clear sight triangle or any village or state right-of-way; and

l.

Each parcel shall be permitted to have one sign per legally established business; however, in cases where a parcel contains multiple businesses, no one parcel [shall] have more than three A-frame signs regardless of the number of legally established businesses on the parcel. The A-frame sign shall not count towards ground-mounted or wall-mounted signage.

(2)

Business affiliation and law enforcement signs provided the total sign area of all such signs does not exceed four square feet.

(3)

Business information signs provided that such signs are posted on or near the entrance doors and the total sign area of all such signs does not exceed four square feet.

(4)

Commemorative plaques provided no plaque exceeds 16 square feet per face.

(5)

Construction sign provided the sign does not exceed 24 square feet, does not exceed eight feet in height, is not installed until a building permit is issued and is removed within 14 days of the issuance of the certificate of occupancy or the final inspection if no certificate of occupancy is required.

(6)

Directional signs provided the signs do not exceed four square feet per sign face.

(7)

Directory sign : For multi-business centers, directory signs shall be permitted provided that no directory sign shall exceed eight square feet nor be visible from any right-of-way.

(8)

Diver-down flags : Businesses offering dive or snorkel trips may display one diver-down flag not to exceed 60 square feet, in addition to flags allowed under other provisions of this division.

(9)

Election signs, new business signs and promotional signs, subject to section 30-1433(1). Registration of election signs with the village shall be required.

(10)

Garage and yard sale signs provided they are erected on the day of the sale and are removed within 24 hours following the sale, and provided they do not exceed four square feet per face.

(11)

Holiday decorations provided that such signs shall be displayed for a period of not more than 45 consecutive days nor more than 60 days in any one calendar year. Such decorations shall not interfere with public safety.

(12)

Interior property information signs shall be permitted, provided that the signs meet all applicable provisions of the Florida Building Code.

(13)

Memorial signs or tablets provided the total sign area of all such signs does not exceed eight square feet.

(14)

Nameplates provided the signs do not exceed two square feet per sign face.

(15)

Posted property signs provided they individually do not exceed one and one-half square feet in area per sign and do not exceed four signs per property or are of such number, spacing, and size as is required per Florida Statutes. Such signs shall not be illuminated nor shall they project over any public right-of-way.

(16)

Warning signs provided the sign does not exceed the minimum necessary to inform the public and is removed upon subsidence of danger.

(17)

Window signs : Window signs shall be permitted for nonresidential uses provided that they collectively cover 35 percent or less of the window glass surface area. Note that the above-mentioned business information and business affiliation signs are excluded from the computation of window sign area. Neon light signs may be installed only within windows facing the right-of-way. Neon light signs are limited to 35 percent of the window area and are in lieu of other permitted window signs.

(18)

Real estate signs are allowed as follows, provided that the advertising agency shall be responsible for the maintenance, upkeep and timely removal of the sign.

a.

Real estate signs in residential zoning districts: One nonilluminated real estate sign not exceeding four square feet per face and not exceeding five feet in height. Waterfront properties may have one additional sign not exceeding four square feet per face and placed adjacent to the waterfront.

b.

Real estate signs in nonresidential and mixed use zoning districts: One nonilluminated real estate sign shall not exceed 12 square feet and shall not exceed six feet in height if ground-mounted or 12 feet in height if wall-mounted.

c.

Open house signs: Up to three off-site directional real estate signs for residential sales shall be permitted per sale residence while a sales representative is present at the open house. Each sign shall measure no more than three square feet.

d.

Real estate signs, other than open house signs which shall be governed by subsection (c) above, may be posted no sooner than the date of listing of the property for sale or lease, and shall be removed no later than three days following the sale closing or signing of the lease.

(19)

Temporary banner signs : One nonilluminated banner sign not exceeding nine square feet per sign face and three feet in height shall be permitted per business when located entirely on the property; and displayed only:

a.

A period as triggered by the re-entry order of Florida Keys residents into the Florida Keys after an evacuation due to a tropical storm or hurricane warning affecting Monroe or Miami-Dade County, through December 15 of that same year; or

b.

A period beginning upon the issuance of an emergency order by the governor of the State of Florida affecting Monroe or Miami-Dade County or the village council, and ending upon action of the village council.

(Ord. No. 02-20, § 1(6.9.3), 2-21-2002; Ord. No. 02-27, § 1(6.9.2), 11-14-2002; Ord. No. 05-03, § 1(6.9.2), 3-24-2005; Ord. No. 10-01, § 7, 1-14-2010; Ord. No. 15-01, § 3, 1-8-2015)