2001-O-60
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ORDINANCE NO. 2001-0-60
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE VI
(SIGN REGULATIONS), ARTICLE VII (NON-CONFORMING
USES) AND ARTICLE VIII (ADMINISTRATION),
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development ofland in the City; and
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code; and
WHEREAS, upon enactment, it was determined by City Council and Staff that any
scrivener's errors would be corrected by amending specific Articles contained in the Land
Development Code; and
WHEREAS, upon review, Article VI (Sign Regulations), Article VII (Non-Conforming
Uses) and Article VIII (Administration) should be amended at this time to correct outstanding
scrivener's errors and to modify other outstanding issues in an effort to provide consistency between
the Land Development Code and the Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water,
Florida:
StI tick till otlgh passages are deleted.
Underlined passages are added.
2001-0-60
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE VI (SIGN REGULATIONS),
ARTICLE VII (NON-CONFORMING USES) AND ARTICLE
VIII (ADMINISTRATION), OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Article VI (Sign Regulations), Article VII (Non-Conforming Uses) and Article VIII
(Administration) of Chapter 21 (Land Development Code) of the City of Edge water,
Florida, adopted pursuant to Ordinance No. 2000-0-12 is hereby amended as set
forth in Exhibit "A" which is attached hereto and incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
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2001-0-60
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
first reading of this ordinance held on September 24,2001, was as follows:
AYE
NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown ABSENT
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
AfterMotionby~~ ~ andSecondby ~-LA.
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt Y
Councilman James P. Brown y.
Councilman Dennis A. Vincenzi f
Councilwoman Harriet E. Rhodes X
f
Councilwoman Judy Lichter tv
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2001-0-60
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PASSED AND DULY ADOPTED this S- day of Off: . , 2001.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2001d0-60
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
sy:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this IS
day of O c,;.. 2001 under
Agenda Item No. 6 A
ARTICLE 'VI
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SIGN REGULATIONS
SECTION 21-60 - GENERAL REQUIREMENTS
21-60.01 - Purpose ....................................................................................................... VI-I
21-60.02 - General Provisions ..................................................................................... VI-I
21-60.03 - Permi ts ........................................................................................................ VI _ 2
21-60.04 - Prohibited Signs ......................................................................................... VI-2
21-60.05 - Exemptions ................................................................................................. VI- 3
21-60.06 - Variances ......... ............. ...... ......... ................ .......... ...................... .......... ..... VI-4
SECTION 21-61 - ON-SITE SIGNS
21-61.01 - Construction Signs ..................................................................................... VI-4
21-61.02 - Developlnent Signs ....... ........ ............ ..... ............................................ ........ VI-4
21-61.03 - Pole Signs ...... ............. ................. .......... ....................... ............ ..... ............. VI-5
21-61.04 - Ground Signs ....... ......... .......... ................... ......................................... ........ VI-5
21-61.05 - Projecting Signs ........ ............ ............. ...................................... .............. ..... VI-6
21-61.06 - Real Estate Signs ........................ ......... ....................................................... VI-6
21-61.07 - Shopping Center Signs (Commercial Centers) .......................................... VI-6
21-61.08 - Wall Signs ..................................... ............................................................. VI-7
21-61.09 - Window Signs .................. .......................................................................... VI-7
21-61.10 - Subdivision Signs ................ ...... ..... ....... .......... .................. .................. ....... VI-7
SECTION 21-62 - OFF-SITE SIGNS
21-62.01 - General . ........... ........ ......... ............ .............................................................. VI-7
21-62.02 - City Franchise Signs ......... .............. ....... ............... ............... ....................... VI-7
21-62.03 - Public Information Signs ............................................................................ VI-8
21-62.04 - Off-Site Wall Signs .......... ........ ............................ ................. ................ ..... VI-8
SECTION 21-63 - TEMPORARY SIGNS
21-63.01 - Portable Signs ............................................................................................. VI-8
21-63.02 - Banner Signs ................ ........ ........... .......... .................................................. VI-9
21-63.03 - Political Signs ............................................................................................. VI-9
21-63.04 - Special Event Signs .... ............ .............. .................. ..... ........... .................. VI-lO
21-(;3.05 - G~rage Sale Signs ........................... ..... .............. ..................... .................. VI-IO
SECTION 21-64 - NON-CONFORMING SIGNS
21-64.01 - Amortization............................................................................................. VI-IO
21-64.02 - Removal ................................................................................................... VI-II
SECTION 21-65 - SIGN AGREEMENTS
21-65.01 - Agreement Process ................................................................................... VI-II
21-65.02 - Agreement Criteria ................................................................................... VI-12
Sections 21-66 through 21-69 reserved for future use.
Article VI
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Rev. 1010 I (PoIitesProcedureslLandDeveJopmentCode)
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ARTICLE VI
SIGN REGULATIONS
SECTION 21-60 - GENERAL PROVISIONS
21-60.01 - Purpose
The purpose of these sign regulations is to protect, preserve and improve the character and
appearance of the city and to provide ample opportunity to advertise in commercial and industrial
areas. while, piG v Gntil1g, Gxce,ssi vG ad vGltising diM wotlld havG a dGttinlGlItal dfcct on tile cllatactcr
and appealalIGe of those alcas. It is further the intent to limit signs in residential and agricultural
areas to essential signs, primarily for the purpose of identification and information. , in Oidel to
plOtGCt thG IGsidential chatactCl and appeatancc of those, alGas. These regulations shall be the
minimum requirements necessary to accomplish these purposes and thcicfole to protect the public
health, safety and general welfare.
21-60.02 - General Provisions
The following general provisions shall apply to every sign erected in the City.
a. The name and address of the company or person installing any sign and the name and address
of the company or person maintaining any sign, the date of erection and the voltage of any
electrical apparatus shall be painted or printed conspicuously on every sign erected.
b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light
intensity or brightness shall not affect adversely the safe vision of operations of vehicles in
any public or private road, highway, driveway or parking area. Such light shall not shine
directly on or into any residential structure.
c. All signs shall be designed and constructed to withstand a wind load pressure of not: less than
fifty (50) twenty-five (25) pounds per square foot of area, or as required by any applicable
code or ordinance, whichever is more restrictive.
d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet
(15') from any portion of such sign touching the ground and the area around ground sign shall
be kept free of any material that might constitute a fire or health hazard.
e. All signs permitted after February 1, 1997, shall permanently affix a weather resistant label
that includes the date of erection, the permit number, the name of the installer and the voltage
of any electrical apparatus.
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VI-l
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21-60.03 - Permits
a. No person shall operate, maintain, erect, alter, repair or relocate any signs until the Eity
Planning Director and Building Official has determined that the proposed sign substantially
complies with the requirements of this Article.
b. Application for a sign permit shall be on forms provided for tlIat pm pOSG by the City
Building Official and shall, at a minimum, contain the following information:
1. The name, address and telephone number of the applicant, the owner of the sign and
the owner of the property on which the sign is to be located; and
2. The address, if any, and legal description of the premises on which the sign is to be
located; and
c. A drawing to scale, in duplicate, showing the size, height, location, structural details and
dimensions of the sign and sign structure; and
1. Two drawings to scale showing the position of the sign and any other existing
advertising structures in relation to the buildings or structures on the premises and
to the boundaries of the property; and
2. The signatures of the applicant and the owner of the property; or in the event the
owner is not available, written evidence of the owner's permission for the erection of
the sign; and
d. Such other information as may be necessary to demonstrate compliance with this Article
including, but not limited to, engineers' drawings.
e. All signs shall be erected, altered, operated and maintained in compliance with the Standard
Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall
be deemed to comply with the wind load requirements of the Standard Building Code by
submission of plans and specifications to the Building Official.
f. The Planning Director and Building Official shall conduct a timely review each of the sign
permit application within two (2) workin~ days of its Mlbmission and shall either issue the
permit or provide the applicant with a written statement of the reasons for denial.
g. Appeals of Building Official decisions regarding construction issues shall be made to the
Construction Regulation Board. Appeals of other sign related issues shall be made to-the
City Comlcil. in accordance with Article I.
21-60.04 - Prohibited Signs
The following signs are prohibited in the City:
Rev. 10/01 (PoIicesProcedureslLandDevelopmentCode) VI-2
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a. No person shall erect a sign on or over any public property or public right-of-way, except in
accordance with a banner sign or franchise agreement approved by the City Council. Any
signill. installed on public property shall be forfeited to the public and subject to confiscation
at the owners' cost.
b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City
of Edgewater.
c. Roof signs, billboards, inflatable signs, snipe signs, banners, pennants, wind operated
devices, sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs
with moving or alternating or traveling lights are prohibited, except as limited elsewhere in
this Article. Time and temperature signs and lighted moving message boards less than 35
square feet in area shall not be subject to this prohibition.
d. ~ flCc.standihg 01 pfrojecting sign~ within an area bounded by the intersection of two
rights-of-way and points thirty fifty feet t367 (50') from such intersections measured along
the rights-of-way except as permitted elsewhere in this Article.
e. Pursuant to Chapter 316.077, FS, no sign shall be permitted which is an imitation of, or
resembles an official traffic control device.
21-60.05 - Exemptions
The following signs shall be exempt from the permitting requirements of this Article.
a. Signs less than six (6) square feet in area and used only to identify the property address and
occupant's name.
b. Legal notices posted by authorized persons of a governmental body.
c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private
property, provided that such sign shall contain no advertising material and shall not exceed
4 square feet in total area. The letters shall not exceed eight inches (8") in height. If the sign
includes any advertising or logo, a sign permit shall be required.
d. Identification signs, information signs or traffic control devices erected by any governmental
body. In addition, emergency warning signs erected by a government agency, private utility
company or a contractor doing authorized or permitted work within a public right-of-way.
e. Wall graphics may be an integral decoration of a building, but shall not include letters,
trademarks, moving parts or moving lights and shall not cover more than thirty percent
(30%) of any single wall surface area per building.
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VI-3
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f. On-site signs five (5) square feet or less in area that offers a specific property for sale, lease
or rent by the owner or his authorized agent.
g. The flag of the United States shall be displayed in accordance with the protocol established
by the Congress of the United States for Stars and Stripes. All other flags shall conform to
the requirements of Section 21-61.
h. Holiday lights and decorations with no commercial messages between November 151 and
February 1 5t.
L Works of art that do not include a commercial message.
J. Two open house flags, not exceeding fifteen (15) square feet each in area, displayed during
inspection times for model residences.
k. COiIve-nknce. and btl5 be-ndlc5 with printcd 5igiI~, provided the- be.iIe.he-5 an cOiI~tIUcte.d and
placcd ptlI~mant to the. tcrnl5 of a liee.iIse. agICe.mcIlt or contract with tilC City.
21-60.06 - Variances
-Any-v V ariance~ to the strict applicatioiI of tile. requirements of this Article may be granted by the
Planning and Zoning Board in conformance with the requirements of Article IX. IIowcvcr, no
va:riance shall be- gIanocd to allow thc established sqtlate footage to be exccede-d or to allow a sign
prohibited by Section 21-GO.04.
SECTION 21-61 - ON-SITE SIGNS
21-61.01 - Construction Signs
a. One construction sign, including the names of persons or firms furnishing labor, services or
materials to the construction site, shall be allowed for each project where a building permit
has been obtained for the project.
b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy.
c. No such sign shall exceed thirty-two (32) square feet in area.
21-61.02 - Development Signs
a. One sign, not to exceed sixty-four (64) square feet in area for nonresidential projects or forty-
eight (48) square feet in area for residential projects, may be permitted on each site for which
a site plan, or subdivision plat, has been approved.
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VI-4
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b. A development sign permit may be issued for no longer than one (I) year. However, the
Building Official may renew the permit, if it is determined that promotion of the site is still
active.
21-61.03 - Pole Signs
a. Pole signs shall be limited to two (2) square feet of signage per one (1) linear foot of
addressed building frontage and shall not exceed 60 square feet, except as provided in
Section 21-61.07.
b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9')
clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet
(50') from any existing pole sign.
c. Except for shopping centers as described in Section 21-61.07, there shall be only one (1)
pole, 01 g,iOtllld, sign per parcel.
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as provided in Section 21-62, a pole sign shall only be used to advertise a business
on the same site.
21-61.04 - Ground Signs
a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of
addressed building frontage and shall not exceed sixty (60) square feet, except as provided
in Section 21-61.07.
b. Ground signs shall be a maximum of ten feet (10') high and shall be located in a an approved
landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article
ill, site triangle requirements.
c. Except for shopping centers as described in Section 21-61.07, there shall be only one (1)
ground, 01 pole. sign per parcel. No ground sign shall be located closer than fifty feet (50')
from any existing ground sign.
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as pIO v idcd iiI Section 21 G2, a g Ground sign~ shall only be used to advertise a
business on the same site.
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VI-5
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21-61.05 - Projecting Signs
a. A projecting sign shall not extend more than four feet (4') beyond the surface ofthe building
to which it is attached.
b. The surface area of a projecting sign shall not exceed twenty-four (24) square feet per
building 5tOl) in the btlildilIg,.
c. There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign
and the ground surface or sidewalk.
21-61.06 - Real Estate Signs
a. A non-illuminated sign advertising the sale or lease of a business or parcel on which the sign
is located shall be permitted in any zoning district.
b. The maximum sign size shall be thirty-two (32) square feet.
21-61.07 - Shopping Center Signs (Commercial Centers)
a. Ground or pole signs for shopping centers may be constructed subject to compliance with
the criteria described below. No other signage shall be permitted for these uses, except wall
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Sign Criteria Parcel Width Less Parcel Width Greater
Than 150 Ft. Than 150 Ft.
Number of Signs per One Two
Parcel
Maximum Allowable 100 sq. ft. per side Anchor Structure Sign
Area of All Signage On 200 sq. ft. total 100 sq. ft. per side
the Site 200 sq. ft. total
Tenants Sign
100 sq. ft. per side
200 sq. ft. total
Maximum Height Above Poles - 20 feet Poles - 20 feet
Ground Ground - 10 feet Ground - 10 feet
Minimum Clearance From Poles - 9 feet Poles - 9 feet
Ground
Area Allowed For Center 20 percent maximum 20 percent maximum
Name
Area Allowed For Tenants 80 percent minimum 80 percent minimum
Name
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VI-6
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21-61.08 - Wall Signs
a. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1)
linear foot of addressed business frontage, not to exceed sixty-four (64) square feet.
b. The area of a wall sign shall be calculated by summing the area of each letter and the
corporate logo in the sign.
21-61.09 - Window Signs
The window area and the glass door area between four feet (4') and seven feet (7') above the adjacent
ground shall not be covered by opaque signage.
21-61.10 - Subdivision Signs
A maximum one hundred (100) square foot in area ground sign identifying a subdivision may be
located at each subdivision entrance and provided the site triangle requirements of Article III are met
SECTION 21-62 - OFF-SITE SIGNS
Off-site signs that advertise products or businesses located at a site other than the location of the
business, are deemed by this Article to constitute a separate use. The control and regulation of the
display of such advertising deemed to be appropriate to the character and surrounding development
shall be considered. It is intended that such advertising be confined to certain commercial and
industrial properties.
21-62.01- General Requirements
All off-site signs shall require approval by the City Council upon a recommendation from the €ity
Planning Director and Building Official.
a. Off-site signs shall be limited to twelve (12) square feet in area and shall not be located
closer than one thousand feet (1,000') to another off-site sign.
b. All off-site signs shall gmGlally conform to the Standard Building Code construction
requirements.
21-62.02 - City Franchise Signs
The City Council may approve off-site signs for certain franchise agreements. The criteria for
approval of off-site selection shall be consistent with the conditions contained in the Sign Franchise
Agreement and shall be subject to City Council approval. Minimum standards include:
Rev. 10101 (PolicesProcedures/LandDevelopmentCode) VI-7
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a. A leading edge of a franchise sign shall not be closer than ten feet (10') to a paved surface
of a public right-of-way, unless approved by the City Dngillccl Manager.
b. Signs bearing public information, as designated by the City Manager, may be placed in any
zoning district.
c. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a
maximum height of sixteen feet (16').
21-62.03 - Public Information Signs
Public information signs containing no commercial message, which are no greater than four (4)
square feet in area may be located anywhere in the City.
21-62.04 - Off-Site Wall Signs
City Council may approve off-site wall signs subject to the following:
a. The business/development has no other off-site signs.
b. Signs shall not exceed thirty-two (32) square feet each.
c. No more than one (1) wall sign~ per each side of the building with a maximum of two (2)
signs per building.
d. The total square footage allowed for all wall signs per building shall not be cxcecded
ptmmant to exceed the requirements contained in Section 21-61.08.
e. Off-site wall signs are temporary and will be permitted for six (6) months.
SECTION 21-63 - TEMPORARY SIGNS
21-63.01 - Portable Signs
a. The Building Official may issue,a portable sign permit to a business for a maximum of thirty
(30) days per year to announce special events or grand openings.
b. The maximum size of a sign shall be thirty-two (32) square feet.
c. Only one (1) sign shall be permitted on a parcel at anyone time.
d. A sign shall not occupy any required parking space nor restrict on-site traffic flow.
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VI-8