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2011-O-07 rrrr rrr" ORDINANCE NO. 2011-0-07 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLES VI (SIGN REGULATIONS) AND XVIII (INDIAN RIVER BLVD. — S.R. 442 CORRIDOR DESIGN REGULATIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE); 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: 1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On September 11, 2006, Council adopted Ordinance #2006 -0 -27 which amended and restated Chapter 21 (Land Development Code) in its entirety. 3. On August 16, 2010, Council adopted Ordinance # 2010 -0 -15 which amended Articles VI (Sign Regulations) and XVIII (Indian River Blvd. — S.R. 442 Corridor Design Regulations) permitting City franchise signage on public transportation benches and shelters. 5. Ordinance #2011 -0 -07 will modify Article VI (Sign Regulations) and XVIII (Indian River Blvd. — S.R. 442 Corridor Design Regulations) to provide requirements for Electronic Message Centers /Signage. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING AND RESTATING ARTICLES VI (SIGN REGULATIONS) AND XVIII (INDIAN RIVER BLVD. — S.R. 442 CORRIDOR DESIGN REGULATIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE), CITY OF EDGEWATER, FLORIDA. 1 Strike4hr-eugh passages are deleted. Underlined passages are added. #2011 -0 -07 *ow Noe Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Articles VI (Sign Regulations) and XVIII (Indian River Blvd. — S.R. 442 Corridor Design Regulations) as set forth in Exhibit "A" which are 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 All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction, 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 accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 eke -threugh passages are deleted. Underlined passages are added. #2011 -0 -07 fir" PART F. ADOPTION. After Motion to approve by Councilman Ignasiak and Second by Councilman Cooper, the vote on the first reading of this ordinance held on May 16, 2011 was as follows: AYE NAY Mayor Mike Thomas X Councilman Michael Ignasiak X Councilwoman Gigi Bennington X Councilman Justin Kennedy X Councilman Ted Cooper X After Motion to approve by unc;lrnr n s►a k and Second by(na,c�;rnei j, the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak —X— Councilwoman Gigi Bennington X Councilman Justin Kennedy X Councilman Ted Cooper �( 3 Strike through passages are deleted. Underlined passages are added. #2011 -0 -07 0 0 PASSED AND DULY ADOPTED this ja0day ofk , 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW FL DA r ike Thoma Pyor �] fVnYi Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Ed ewater at a meeting held on this ao! day of legality by: Carolyn S. Ansay, Esquire , 2011 under Agenda Item No. City Attorney Doren, Sims, Wolfe Msa , Kundid Strike threngq passages are deleted. Underlined passages are added. #2011-0-07 Now Nov ARTICLE VI SIGN REGULATIONS SECTION 21 -60 - GENERAL PROVISIONS VI -1 21 -60.01 - Purpose VI -1 21 -60.02 - General Provisions VI -1 21 -60.03 - Permits 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 VI -4 21 -61.01 - Construction Signs VI -4 21 -61.02 - Development Signs VI -4 21 -61.03 - Pole Sign VI -4 21 -61.04 - Ground Signs VI -5 21 -61.05 - Projecting Signs VI -5 21 -61.06 - Real Estate Signs VI -5 21 -61.07 - Shopping Center Signs (Commercial Centers) VI -6 21 -61.08 - Wall Signs VI -6 21 -61.09 - Window Signs VI -6 21 -61.10 - Subdivision Signs . VI -7 21 -61.11 - Electronic Message Centers /Signage VI -7 SECTION 21 -62 - OFF -SITE SIGNS VI -8 21 -62.01 - General Requirements VI -8 21 -62.02 - City Franchise Signs VI -8 21 -62.03 - Public Information Signs VI -9 21 -62.04 - Off-Site Wall Signs VI -9 SECTION 21 -63 - TEMPORARY SIGNS VI -9 21 -63.01 - Portable Signs VI -9 21 -63.02 - Banner Signs VI -9 21 -63.03 - Political Campaign Signs. VI -10 21 -63.04 - Special Events Signs VI -10 21 -63.05 - Garage Sale Signs VI -10 SECTION 21 -64 - NON - CONFORMING SIGNS VI -11 21 -64.01 - Amortization VI -11 21 -64.02 - Removal VI -11 SECTION 21 -65 - SIGN AGREEMENTS VI -11 21 -65.01 - Agreement Process VI -121 21 -65.02 - Agreement Criteria VI -12 SECTIONS 21 -66 THROUGH 21 -69 RESERVED FOR FUTURE USE. Rev. 8 -16 -10 (Land Development Code) Article VI -i- fir' 'rrr� ARTICLE VI SIGN REGULATIONS SECTION 21 -60 — GENERAL PROVISIONS 21 -60.01 - Purpose The purpose of sign regulations is to protect, preserve and improve the character and appearance of the City and to provide opportunity to advertise in commercial and industrial areas. It is further the intent to limit signs in residential and agricultural areas to essential signs, primarily for the purpose of identification and information. These regulations shall be the minimum requirements necessary to accomplish these purposes and to protect the public health, safety and general welfare. In addition to City -wide sign regulations contained in this Article, the City of Edgewater has adopted the Indian River Boulevard Corridor Design Regulations which are incorporated as Article XVIII in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard Corridor Design Regulations, shall supercede and compliment the requirements set forth in this Article. Properties located within the Indian River Boulevard Corridor Overlay must adhere to the sign design regulations contained in the Indian River Boulevard Corridor Design Regulations. A copy of these regulations and illustrations for design is available for purchase at City Hall. It is the Developer's responsibility to obtain a copy of the regulations for the Overlay prior to conceptual design layout. 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 permanently affixed on a weather resistant label. 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 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. Rev.8 -16 -10 (LandDevelopmentCode) VI -1 *moo *Awe 21 -60.03 - Permits a. No person shall operate, maintain, erect, alter, repair or relocate any signs until the Development Services 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 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 3. A drawing to scale, in duplicate, showing the size, height, location, structural details and dimensions of the sign and sign structure; and 4. 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 5. 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 6. Such other information as may be necessary to demonstrate compliance with this Article including, but not limited to, engineers' drawings. c. 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 Florida Building Code by submission of plans and specifications to the Building Official. d. The Development Services Director and Building Official shall conduct a timely review of the sign permit application and shall either issue the permit or provide the applicant with a written statement of the reasons for denial. e. Appeals of Building Official decisions regarding construction issues shall be made to the Construction Board of Adjustment and Appeals. Appeals of other sign related issues shall be made in accordance with Article I. 21 -60.04 - Prohibited Signs The following signs are prohibited in the City: Rev.8 -16 -10 (LandDevelopmentCode) V1 -2 'fir' 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 sign(s) 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. Projecting signs within an area bounded by the intersection of two rights -of -way and points fifty feet (50') from such intersections measured along the rights -of -way except as permitted elsewhere in this Article. e. Pursuant to Chapter 316.077, F.S., 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 /murals 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. f. On -site signs five (5) square feet or less in area that offers a specific property for sale, lease or Rev.8 -16 -10 (LandDevelopmentCode) V1 -3 t1r► roar+` 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 1 and February 1 i. 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. 21 -60.06 - Variances Variances to the requirements of this Article may be granted by the Planning and Zoning Board in conformance with the requirements of Article IX. 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. b. A development sign permit may be issued for no longer than one (1) 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. Rev. 8 -16 -10 (LandDevelopmentCode) VI -4 h�11' '40 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 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 an approved landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article III, "Site Triangle Requirements ". c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) ground 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. Ground signs shall only be used to advertise a business on the same site. 21 - 61.05 - Projecting Signs a. A projecting sign shall not extend more than four feet (4') beyond the surface of the building to which it is attached. b. The surface area of a projecting sign shall not exceed twenty -four (24) square feet per building. 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. Rev.8 -16 -10 (LandDevelopmentCode) V1 -5 tow Noe b. The maximum sign size shall be thirty -two (32) square feet. c. Model home signs shall not exceed sixteen (16) square feet. 21 -61.07 - Shopping Center Signs 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 signs. 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 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. Rev.8 -16 -10 (LandDevelopmentCode) VI -6 21 -61.10 - Subdivision Signs A maximum one hundred (100) square feet in area ground sign identifying a subdivision may be located at each subdivision entrance provided the site triangle requirements of Article III are met. 21- 61.11— Electronic Message Centers /Signage a. Electronic message center signs are permitted only along major U.S. 1, Park Avenue and S.R. 442 /Indian River Boulevard. No more than one electronic message center sign is permitted for each property frontage located on the above - referenced roadways. b. Signs must be set back at least a minimum of ten feet (10') from the right -of -way, to the closest edge of the sign. c. Signs must be constructed as ground sign. d. The maximum electronic panel area shall not exceed 50% of the sign size. e. A sign with a sign face on two sides and no more than 4.5' feet of separation between faces shall be considered a single sign. f. Sign copy may change only at intervals of not less than five (5) seconds. Continuous scrolling, animation, or flashing of lights is prohibited. g. Obscene, immoral and/or lewd graphics and/or language shall not be displayed at anytime on the display screen area. h. The display screen area shall provide a high - resolution picture quality with pixel spacing of 16 millimeters or less. i. Maximum brightness is 5,000 nits during the day and 500 nits from dusk to dawn. j. A malfunctioning sign must be turned off or display a blank screen. k. Electronic message center signs shall not be added to any nonconforming sign. 1. All power to the sign shall be supplied via underground carrier, inside an improved conduit and installed to City requirements. m. The signage shall be maintained in a good operating condition and external appearance. n. Government electronic message center signs shall provide necessary public information. including but not limited to directions, schedules or information regarding public facilities or places of interest. The City Council may waive the standards in this section for a government sign provided that the deviation promotes the public health, safety and welfare. Rev.8 -16 -10 (LandDevelopmentCode) VI -7 krir# '400 o. Any electronic message center /signage in existence prior to adoption of the standards set forth in this Section and are not in conformance with said Section shall be deemed non - conforming pursuant to Article VII. p. Any electronic message center /signage in existence prior to adoption of the standards set forth in this Section and are not in conformance with said Section shall be deemed non - conforming pursuant to Article VII. 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 Development Services 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 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: 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 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') except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. Rev.8 -16 -10 (LandDevelopmentCode) VI -8 iur IMO 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 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 any one time. d. A sign shall not occupy any required parking space nor restrict on -site traffic flow. e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public right -of -way. f. Portable signs shall not have flashing or moving lights and shall not be affixed to another sign or structure or mounted for the purpose of making it a permanent sign. 21 -63.02 - Banner Signs a. The Building Official may issue only one (1) banner sign per street frontage at a time on a given parcel, for a special event such as grand openings. Rev.8 -16 -10 (LandDevelopmentCode) VI -9 rrro 'awe b. Banner signs shall not be permitted in residential zoning districts and the B -4 district. c. The maximum sign area shall be thirty-two (32) square feet. d. Banners may display business or product logos and generic messages, but not specific sales information. e. Banners may be erected up to seven (7) days prior to the event, shall be removed within two (2) days after the event and shall be limited to ten (10) days per event two (2) times per year. f. The City Council may approve banners that do not comply with these requirements for citywide functions. 21 -63.03 - Political Campaign Signs. a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed within ten (10) days after the advertised candidate has been finally elected or defeated. A sign may remain through any primary or run -off election as to any candidate who is subject thereto. b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited number of signs. The fee shall be as established by resolution. c. Signs shall not be placed in any public right -of -way, on any public property, attached to any utility pole nor attached to any tree. Signs located on private property shall have the written authorization of the property owner. d. Signs placed on private property shall be securely erected to prevent displacement by heavy winds and so placed as to not interfere with traffic visibility. e. Political campaign signs shall not exceed eight (8) square feet in area. f. Upon determination of the Code Compliance Officer, illegal signs shall be removed within twenty -four (24) hours after notification to the applicant. g. The City shall retain removed illegal political campaign signs for five (5) working days after notification before their destruction. An applicant may retrieve the signs during this period. 21 -63.04 - Special Events Signs Sign permit applications for special athletic, civic or charitable events located in or across right -of- ways shall be submitted to the City Clerk's office for the City Council's review and approval. 21 -63.05 - Garage Sale Signs Temporary garage sale signs may be permitted in City right -of -ways provided: Rev.8 -16 -10 (LandDevelopmentCode) VI -10 viro a. Signs may only be erected the day of the sale and must be removed by the following day. b. No sign shall be attached to any utility pole, signs or traffic control devices erected by any governmental agency. c. Garage sale signs shall not be located in County or State Road right -of -ways. SECTION 21 - 64 - NON - CONFORMING SIGNS Any existing sign that is in violation of this Article at the effective date of this Chapter shall be deemed a legal non - conforming sign. Such signs may be continued subject to the conditions described below. 21 - 64.01 - Amortization a. No non - conforming sign shall be altered, moved or repaired in any way except in full compliance with the terms of this Article. This provision shall not apply to the changing of temporary copy of changeable copy signs or to repairs necessary to maintain the structural integrity or safety of a sign so long as such repairs do not exceed fifty -one percent (51%) of the replacement cost of such sign. b. All non - conforming signs shall be removed or made to conform with this Article, no later than February 14, 2004. In the interim, said sign shall be maintained in good repair, subject to the conditions above. c. Failure to remove non - conforming signs by February 14, 2004 may subject the sign owner to the code compliance provisions of Article X. In this regard, a sign owner may enter into a sign agreement as described in Section 21 -65. 21 - 64.02 - Removal a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having beneficial use of the premises on which sign is located and shall be removed within thirty (30) days of written notification by the Code Compliance Department. b. Upon failure to comply with such notice, the Code Compliance Department shall cause the sign to be removed at the owner's expense, including any interest that may have accrued. c. Failure to pay such costs within thirty (30) days of the written notification of the removal costs shall create a lien against the sign owner in favor of the City. SECTION 21 - 65 - SIGN AGREEMENTS The purpose of this Section is to provide a process and criteria by which the City can bring illegal Rev.8 -16 -10 (LandDevelopmentCode) V1 -1 1 *iraw 4•11•0 and /or non - conforming signs into compliance without adjudication by the Code Compliance Board or the court system. 21 -65.01 - Agreement Process a. An applicant shall provide a sign agreement that includes the criteria described in Section 21- 65.02. b. The applicant shall submit the required sign agreement not less than forty -five (45) days prior to the Planning and Zoning Board (P &Z) meeting at which the applicant wishes consideration. c. The P &Z shall conduct a public hearing after providing the following public notice: 1. Direct mail notice to all property owners of record within one hundred fifty feet (150') of the proposed sign location. 2. Post the proposed site no less than ten (10) days prior to the subject P &Z meeting. d. Upon completion of the P &Z deliberations, the agreement shall be scheduled for the next available City Council meeting. e. The City Council shall hold a public hearing regarding the proposed agreement after public notice in the same manner as provided above. f. The City Council shall take final action regarding the agreement within thirty (30) days, unless the applicant agrees to additional time. 21 -65.02 - Agreement Criteria At a minimum, the sign agreement shall include: a. The name, address and phone number of the applicant. b. The name, address and phone number of the existing sign site property owner. c. Any appropriate site drawings and plans. d. A timetable for removal of the existing sign. e. Any proposed site mitigation activities. f. The signature of the applicant. g. The signature of the site property owner. Rev.8 -16 -10 (LandDevelopmentCode) VI -12 *isso 1110 h. The signature of the appropriate City official. Sections 21 -66 through 21 -69 reserved for future use. Rev.8 -16 -10 (LandDevelopmentCode) VI - ti *mot ARTICLE XVIII INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR DESIGN REGULATIONS SECTION 21 -410 - PURPOSE AND INTENT XVIII -1 SECTION 21 -420 - APPLICABILITY 21- 420.01 - Indian River Boulevard Corridor Districts XVIII -1 21- 420.02 - Primary And Other Streets XVIII -2 21- 420.03 - Corner Lots /Parcels XVIII -2 21- 420.04 - Conflict With Other Provisions Of Code XVIII -2 21- 420.05 - Registered Landscape Architect Required XVIII -2 SECTION 21 -430 - BUILDING LOCATION AND LANDSCAPE BUFFER XVIII -2 21- 430.01 - West Parkway District XVIII -3 21- 430.02 - Shores District XVIII -3 21- 430.03 - East Village District XVIII -3 21- 430.04 - Landscape Buffer Requirements For Primary Streets XVIII -3 21- 430.05 - Landscape Buffer Requirements Along Other Side Streets XVIII -3 21- 430.06 - Minimum Lot Width And Depth XVIII -4 21- 430.07 - Minimum Landscape Requirements In Buffer Yard XVIII -4 21- 430.08 - Protection From Vehicle Encroachment XVIII -5 21- 430.09 - Stormwater In Buffer XVIII -5 21- 430.10 - Parking Location XVIII -5 21- 430.11 - Pedestrian And Bicycle Circulation XVIII -5 21- 430.12 - Sidewalks XVIII -5 21- 430.13 - Pedestrian Access Standards XVIII -5 21- 430.14 - Drive - Through Requirements XVIII -6 SECTION 21 -440 - ARCHITECTURAL DESIGN STANDARDS XVIII -7 21- 440.01 - Building Orientation XVIII -7 21- 440.02 - Primary Building Entrance XVIII -7 21- 440.03 - Building Height And Transition XVIII -8 21- 440.04 - Facade Treatments XVIII -8 21- 440.05 - Prohibited Facade Treatments XVIII -9 21- 440.06 - Loading And Service Areas XVIII -9 21- 440.07 - Outdoor Shopping Cart Storage XVIII -9 21- 440.08 - Fenestration XVIII -9 21- 440.09 - Roof Treatments And Materials XVIII -10 21- 440.10 - Building Color XVIII -11 21- 440.11 - Multi- Building Complexes XVIII -11 Rev.8 -16 -10 (Land Development Code) Article XVIII -i- '`ry fir" SECTION 21 -450 - SIGNS XVIII -12 21- 450.01 - Freestanding Signs XVIII -12 21- 450.02 - Ground Signs Required XVIII -12 21- 450.03 - Business Identification Signs XVIII -13 21- 450.04 - Multi - Tenant Buildings XVIII -14 21- 450.05 - Specialty Signs XVIII -14 21- 450.06 - Signage Performance Standards XVIII -14 21- 450.07 - Exempted Signs XVIII -15 21- 450.08 - Prohibited Signs XVIII -15 21- 450.09 - Sign Illumination XVIII -15 21- 450.10 - Prohibited Lighting XVIII -15 SECTION 21 -460 — NONCONFORMING STRUCTURES XVIII -16 21- 460.01 — Existing Nonconforming Structures XVIII -16 21- 460.02 — Guidelines For Nonconforming Structures XVIII -16 SECTION 21 -470 - RESERVED SECTION 21 -480 - RESERVED SECTION 21 -490 - RESERVED Rev8- 16- 1 0(LandDevelopmentCode) XVIII -ii 'w✓ r.r ARTICLE XVIII INDIAN RIVER BOULEVARD — S.R. 442 CORRIDOR DESIGN REGULATIONS SECTION 21 -410 - PURPOSE AND INTENT These design regulations are intended to ensure high quality private development in the Indian River Boulevard Corridor. The two major components of these regulations are: 1) landscape, buffer and related site development treatments, especially areas immediately adjacent to the road and 2) building design standards for new and redeveloped structures, including signage. Applicants for development within the Indian River Boulevard Corridor Overlay are required to obtain a copy of the complete design guideline package from City Hall. SECTION 21- 420 - APPLICABILITY Parcels that share a common boundary with Indian River Boulevard will be subject to the requirements, standards and criteria contained in these regulations. Furthermore, these requirements apply to all residential, commercial, office, institutional and industrial development, including both public and private facilities within the Indian River Boulevard Corridor. The provisions of this document are applicable to all properties that touch, front or are otherwise adjacent to Indian River Boulevard. Properties that include a complex or subdivision of buildings shall be considered to be included within the guidelines in their entirety, including parent tracts, out - parcels, flag lots, etc. They apply to both new development and redevelopment activities. 21- 420.01 - Indian River Boulevard Corridor Districts Indian River Boulevard has three distinct districts. These districts are defined below and are referred to throughout these regulations. In addition, intersecting roads are also defined below. Refer to the complete design guideline package available from the Development Services Department for a map showing the three separate districts. District Intersecting Street Intersecting Street The West Parkway Interstate 95 Pinedale Road District The Shores District Pinedale Road India Palm Drive The East Village District India Palm Drive Riverside Drive Rev.8 -16 -10 (Land Development Code) XVIII -1 21- 420.02 - Primary And Other Streets The following major streets that intersect Indian River Boulevard shall be considered as Primary and Other Streets: Number of feet from intersection that these Street Type Intersecting Street regulations shall be applicable along these roads. Primary Old Mission Road 500 Primary Air Park Road 500 Primary U.S. Highway 1 500 Primary Riverside Drive 500 Other All other streets 100 21- 420.03 - Corner Lots/Parcels Corner lots /parcels shall be considered to have two (2) front perimeters. For other streets that intersect now or in the future, the parcels that are corner lots or corner developments adjacent to Indian River Boulevard shall comply with these requirements. 21- 420.04 - Conflict with Other Provisions of Code The requirements for the Indian River Boulevard Corridor Overlay Area supersede the general requirements within this Land Development Code, however properties zoned RP (Residential Professional) shall adhere to sign requirements as set forth in Article III. The RP (Residential Professional) sign requirements shall apply first in the RP (Residential Professional) zoned property in the event of a conflict. However, when not in conflict with Article III, the remaining requirements as set forth in Article XVIII shall apply to RP (Residential Professional) zoned properties. Existing developed or vacant properties adjacent to Indian River Boulevard from U.S. Highway 1 to Willow Oak Drive shall be developed in accordance with the standards set forth in Article V (Site Design Criteria) until such time as a change in use is proposed. A change in use shall mean a change in character involving activities that result in a different external impact. 21- 420.05 - Registered Landscape Architect Required A Landscape Architect registered in the State of Florida shall be required to prepare landscape plans and related irrigation plans for all lands for which this Article applies. SECTION 21 -430 - BUILDING LOCATION AND LANDSCAPE BUFFERS The setback is the distance between the edge of the road's right -of -way, also referred to as the property line, and the closest edge or wall of the principal building on the site. The building location and landscape buffer requirements are identified below. Rev8- 16- 10(LandDevelopmentCode) XV111 -2 err+ er 21- 430.01 - West Parkway District a. Setback and Buffer. A minimum fifty -foot (50') landscape buffer shall be provided in the West Parkway District. Buildings will not be allowed within one hundred feet (100') of the property line adjacent to Indian River Boulevard or primary streets. b. Management and Maintenance of Natural Vegetation. Site plan submittals will be required to graphically identify the manner in which natural areas will be preserved and maintained. Site plan submittals shall identify where natural areas will be trimmed and to what limited extent they will be altered for visibility from the road. If a certain view or angle from the road is desired, the site plan shall identify a "viewshed ", i.e., the area within which trimming of small trees and understory vegetation is desired. The extent of trimming should be clearly noted in terms of extent and height, as well as the thinning of trees and vegetation. Trees larger than four inches (4 ") in diameter shall not be removed. Trimming of vegetation shall not be allowed lower than thirty -six inches (36 ") from the ground. Areas to remain undisturbed shall also be identified. This information becomes part of site plan approval, and will be utilized for maintenance as well as enforcement by the City. 21- 430.02 - Shores District A minimum ten -foot (10') landscape buffer shall be provided in the Shores District. Buildings shall not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.03 - East Village District A minimum twenty -foot (20') landscape buffer shall be provided from the front property line in the East Village District. Buildings will not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.04 - Landscape Buffer Requirements For Primary Streets The landscape buffer requirements along primary streets in the Indian River Boulevard Corridor shall be twenty feet (20') in width. Unless otherwise noted, additional requirements shall comply with the adjacent District within the Indian River Boulevard Corridor to the maximum extent practicable. Building will not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.05 - Landscape Buffer Requirements Along Other Side Streets The landscape buffer requirements along other existing or future streets that intersect Indian River Boulevard shall be a minimum of twenty feet (20') in width and shall comply with the adjacent District of Indian River Boulevard to the maximum extent practicable. Rev8- 16- 10(LandDevelopmentCode) XVI11 -3 'fir' loiso 21- 430.06 - Minimum Lot Width And Depth The minimum lot width and depth for all new development along the corridor shall be 200 feet (200') by 200 feet (200'). This requirement ensures that minimum building setback and buffer requirements can be accomplished within the context of typical site development, building coverage, parking, stormwater and other customary site amenities. Any deviation from this standard for out - parcels, flag lots and other circumstances should ensure that the configuration of the resulting development site allows for compliance with the intent and purpose of these guidelines. 21 430.07 - Minimum Landscape Requirements In Buffer Yard The following requirements are intended for private property outside of the public right - of -way adjacent to the corridor and primary streets. a. West Parkway District. These requirements shall provide the basis for infill vegetation as needed where natural vegetation is sparse. The minimum landscaping in the buffer yard shall be eight (8) shade trees, ten (10) understory trees and seventy (70) shrubs per one hundred (100) lineal feet. To maintain a natural look, trees and shrubs shall be placed in an organic or curvilinear manner that is similar to and consistent with natural adjoining areas, which have been preserved. Linear arrangements are discouraged in the West Parkway District. b. Shores District. Canopy trees shall be coordinated with the placement of the poles within the FPL easement along Indian River Boulevard. Where feasible, the minimum landscape buffer shall be one (1) shade tree (e.g. Oak) per fifty lineal feet (50') on private property alternating with the City's oak trees in the public right -of- way. Understory trees are optional and recommended at two (2) per twenty lineal feet (20'). Shrubs are optional unless a fence is put up. If a fence is visible from the public right -of -way, shrubs are required along the entire length of the fence spaced just far enough apart for the species to grow. c. East Village. The minimum landscape buffer shall include a total of three (3) trees per every fifty lineal feet (50'). One (1) Magnolia placed every fifty (50) lineal feet. Two (2) Crepe Myrtles placed in between the Magnolia's fifty (50) lineal feet. Shrubs shall be placed at a minimum of forty (40) per one hundred (100) lineal feet. d. Varied Color. Landscaping shall be arranged to display variety and color by utilizing flowering and variegated species whenever possible. Such variety and color shall be accomplished by using a combination of shrubs and ornamentals as approved by the City. Ornamentals shall not constitute more than fifty percent (50 %) of required shrubs. e. Wetlands and Natural Vegetation Preservation. Within the buffer, major wetlands shall be preserved as set forth in the City's Comprehensive Plan and Land Development Code. Natural uplands vegetation shall be preserved to the maximum extent feasible. f. Side and Rear Yards. The side and rear yards of all properties shall be provided with landscape treatment consistent with this Land Development Code. Rev8- 16- 10(LandDevelopmentCode) XVI11 -4 `.M/ 21- 430.08 - Protection from Vehicle Encroachment Landscape buffers shall be protected from vehicles in the parking area with curbs for those parking spaces adjacent to the buffer. Plantings adjacent to parking areas shall be located a minimum of three and one -half (3'/2) feet from the front end of the parking space to prevent encroachment into required landscape areas. Wheel stops shall not be utilized in any portion of the parking area. No paved areas will be allowed in the buffer other than required traffic circulation access. In already developed areas such as the East Village District, no additional pavement will be allowed in the buffer area. 21 430.09 - Stormwater in Buffer In order to create shallow retention areas, removal of a maximum of fifty percent (50 %) of understory trees and shrubs may be permitted to provide for shallow swales without removal or damage to existing shade trees. Landscape buffers on primary and other streets may be combined with approved on -site, wet or dry -bottom stormwater retention areas provided that these areas are designed as visual amenities without chain link fences (or similar utilitarian appurtenances) and with shade trees. 21 430.10 - Parking Location These standards shall prevent automobiles from being highly visible from the roadway. This applies to parking areas, automobile service areas and other vehicular circulation areas. For screening, a forty -inch (40 ") high decorative wall, berm or hedge shall be provided at the same or above the finished grade of parking and other vehicular use areas. Dense existing natural vegetation that provides a similar forty -inch (40 ") high screen from Indian River Boulevard may substitute for a berm, hedge or wall. These requirements for a hedge may be combined with the required landscape buffer requirement for shrubs. 21 430.11 - Pedestrian and Bicycle Circulation The purpose of this subsection is to provide safe opportunities for alternative modes of transportation by connecting buildings with existing and future pedestrian and bicycle pathways and to provide safe passage from the public right -of -way to the building. 21- 430.12 - Sidewalks Sidewalks are provided throughout most of the Shores and East Village Districts. As development continues, developers should provide sidewalks where not already available, especially in the West Parkway District, which does not have sidewalks. In all districts, sidewalks will be separated from the curb a minimum of four feet (4') to provide safety for pedestrians, for passing vehicles and adequate space for landscaping. In the West Parkway District, additional separation may be necessary to preserve natural vegetation. 21- 430.13 - Pedestrian Access Standards Pedestrian circulation shall be provided by connecting buildings with existing and future Rev8- 16- 10(LandDevelopmentCode) X V 111 -5 pedestrian and bicycle pathways as well as by providing safe passage from the public right -of -way to the building in the manner set forth below. a. Number of Pedestrian Ways Required. Pedestrian ways shall be provided at a minimum ratio of one (1) for each customer vehicular entrance to a project. For example, if there are two (2) driveways into the site, two (2) sidewalk entries are required. Entrances designed primarily for service and delivery vehicles are not included in this ratio. b. Materials. Pedestrian walkways shall be handicapped accessible. Materials may include specialty pavers, colored concrete or stamped pattern concrete. Natural materials for pedestrian paths may be encouraged in the West Parkway District. c. Pedestrian Shade. Pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds one hundred (100) linear feet in length at a ratio of one hundred (100) square feet of shade for every one hundred (100) linear feet of walkway. 21 430.14 - Drive - Through Requirements Drive - through windows and lanes shall not be located on a side of the building visible from a public right -of -way. Drive - through lanes shall be designed primarily for pedestrian safety and crossing. Drive - through designs must have the same detail of the principal structure and match the materials and roof of the principal structure. a. Screening Drive - Throughs. A dense hedge of evergreen shrubs shall be provided in the following manner to screen drive - throughs: 1. At initial planting and installation, shrubs shall be at least thirty inches (30 ") in height and shall be planted thirty inches (30 ") or less on center. 2. Within one (1) year of initial planting and installation, shrubs shall have attained, and be maintained at a minimum height of four feet (4') and shall provide an opaque vegetative screen between the street and the drive- through. The hedge must continue for the entire length of the drive - through stacking area. 3. In lieu of a vegetative hedge, the use of vegetated berms with appropriate landscape materials may be used in a manner that results in the visual separation of street right -of -way and the drive - through. b. Stacking Distance. The following stacking distances, measured from the point of entry to the center of the farthest drive - through service window area, are required: 1. Restaurants, full service car washes and day care facilities: Two hundred twenty feet (220') 2. Banks (per lane): One hundred seventy five feet (175') 3. Self Service Car Wash (per bay) and Dry Cleaners: Sixty -five feet (65') 4. Other uses may require the City to determine the stacking distance on a case - by -case basis. Rev8- 16- 10(LandDevelopmentCode) XVI11 -6 5. Facilities not listed above with more than one (1) drive - through lane shall provide one hundred feet (100') of stacking distance per lane measured from the point of entry to the center of the farthest service window area. 6. Drive - Through Separate From Other Circulation: The drive - through lane shall be a separate lane from the circulation routes and aisles necessary for ingress and egress from the property or access to any off - street parking spaces. c. Pass Through Lanes. A pass - through lane shall be required for all drive - through facilities constructed adjacent to at least one (1) stacking lane in order to provide egress from the stacking lane. SECTION 21 -440 - ARCHITECTURAL DESIGN STANDARDS The architectural design standards are intended to be flexible and encourage design diversity and variations. The criteria for development along the corridor will primarily ensure that the architectural integrity and details of existing structures are maintained, as well as affirm the appropriateness of new development into the character of the districts. Special attention has been placed on the creation of an attractive, safe and functional urban environment. 21- 440.01 - Building Orientation All buildings shall be oriented so that primary facades face public rights -of -way. Buildings on corner lots shall be considered to have two (2) fronts and shall be designed with additional architectural embellishments such as towers or other design features at the corner to emphasize their location as gateways and transition points within the community. Although the main aesthetic emphasis shall be on the primary facade(s), all building elevations shall receive architectural treatment. The style of windows shall remain uniform on all sides of the building. 21- 440.02 - Primary Building Entrance In general, the primary pedestrian entrance to all buildings shall face Indian River Boulevard, and shall be clearly defined and highly visible for the pedestrian. Multiple tenant buildings shall have all customer entrances distinguished pursuant to these regulations. Primary entrances shall have either a protruding or raised roof, a stoop, a projection or recession in the building footprint a minimum of three feet (3') in depth that clearly identifies the entrance. Corner lots shall provide an entrance on both public rights -of -way or a corner entrance. In addition, every primary entrance shall have two (2) other distinguishing features from the list below: 1. Variation in roof height around door; Rev8- 16- 10(LandDevelopmentCode) XVIII -7 ikar 1.00 2. Canopy or portico; 3. Raised cornice or parapet over door; 4. Arches or columns; 5. Patterned specialty paving at entrance and along walkway; 6. Ornamental and structural architectural details other than cornices over or on the sides of the door; or 7. Any other treatment, which, in the opinion of the City, meets the intent of this Section. 21 440.03 - Building Height And Transition Buildings will not be allowed to be any higher than already permitted in the respective zoning district. New developments that are more than twice the height of any existing building within three hundred feet (300') shall provide transitional stepped massing elements to minimize the contrast between the buildings. The transitional massing element shall include a primary facade that is no more than the average height of the adjacent buildings. 21 440.04 - Facade Treatments Facade treatments of a building must be designed with consistent and uniform architectural style. Detail and trim features must be consistent with the style of the building. Diversity of architectural elements on the facade that are compatible with the style are required. These elements must be integrated with the massing and scale of the buildings. Building walls and facade treatments must avoid large blank wall areas by including at least three (3) of the design elements listed below or their equivalent design feature. Design elements should be in intervals of no more than thirty feet (30') apart, and repetition is encouraged. At least one of the design elements should repeat horizontally. At a minimum, buildings must provide at least two (2) of the following building design elements on the primary facade: 1. Awnings or attached canopies; 2. Arcades or colonnades; 3. Display windows a minimum of six feet (6') in height along sixty -five percent (65 %) of the primary facade; 4. Clock or bell towers; 5. Decorative landscape planters or wing walls which incorporate landscaped areas; 6. Pergola; 7. Benches or other seating components built into the building; 8. Texture or pattern change; 9. Material module change; 10. Ornamental or structural detail; 11. Varied building setbacks or projections; or Rev8- 16- 10(LandDevelopmentCode) XVI11 -8 %r+' Noe 12. Expression of architectural or structural bays, through a change in plane of no less than twelve inches (12 ") in width, such as a reveal, an offset or a projecting rib. Changes in color along the facade that are compatible with each other and the style of the building are encouraged but not sufficient to break up the mass of the facade. 21- 440.05 - Prohibited Facade Treatments The following treatments or features are prohibited on any facade that are visible from the public rights -of -way: 1. The use of reflective glass and reflective film is prohibited on all buildings. Windows and doors should be glazed in clear glass with no more than ten percent (10 %) daylight reduction. 2. Garage doors used either as decoration or for vehicular service, storage or any other use (these elements must be side loaded). 3. Glass curtain walls. 4. Stained glass and art glass installations may be permitted, provided they are in character with the style of the building. 21- 440.06 - Loading And Service Areas Loading and service areas will be located behind or to the rear of buildings and will be screened with walls and landscaping. Materials, rooflines and colors are permitted to be consistent with the primary structures. 21- 440.07 - Outdoor Shopping Cart Storage All outdoor storage of customer shopping carts adjacent to the building shall be screened by a wall a minimum of four feet (4') in height that is consistent in style, materials and color to the facade. Arcade or colonnade areas cannot be used for the storage of shopping carts. 21- 440.08 - Fenestration Fenestration is the placement of windows and doors. Windows and doors must cover at least thirty percent (30 %) of the area of the primary facade. Windows must be located between three feet (3') and seven feet (7') measured from ground level. a. Exterior Wall Materials. All buildings subject to the terms of this Section shall be clad with typical Florida building materials that are durable and appropriate to the visual environment and climate. Design flexibility and creativity is encouraged using ornamentation from a wide variety of architectural styles. b. Finish materials for walls. Exterior walls are the most visible part of most buildings. Their exterior finishes shall be one of the following: 1. Concrete block with stucco; 2. Reinforced concrete with smooth finish or with stucco; Rev8- 16- 10(LandDevelopmentCode) X V 11 1 -9 3. Natural brick or stone (excluding ashlar or rubble construction look); 4. Wood, pressure treated or naturally decay - resistant species; 5. Fiber - reinforced cement panels or boards that simulate wood; or 6. Synthetic stucco may be used only on non - facade walls. c. Prohibited Materials. No exterior wall shall be covered with the following materials: 1. Plastic or vinyl siding; 2. Corrugated or reflective metal panels, steel buildings; 3. Applied stone in an ashlar or rubble look: 4. Smooth, scored or rib faced concrete block; 5. Any translucent material, other than glass; or 6. Any combination of the above. d. Corporate Design. Corporate franchises should not be allowed to create visual clutter or to use architecture and building colors to act as signage. Therefore, exceptions to these guidelines shall not be made for corporate franchises. National corporate chains that typically design their buildings to read as signage have been known to modify their designs to blend with the character of the neighborhood. 21 440.09 - Roof Treatments and Materials Variations in the rooflines must be used to add interest to and reduce the massing of buildings. Roof features and materials must be in scale with the building's mass and complement the character of adjoining and adjacent buildings and neighborhoods. a. Roof Standards. While any roof type is acceptable, the following standards shall apply: 1. All flat roofs and any shed roof with a slope of less than 1:6 must be concealed by a parapet; 2. All hipped and gabled roofs and all shed roofs with a slope greater than 1:6 must have overhangs of at least eighteen inches (18 "); 3. Mansard roofs must have the lowest sloped surface, begin above a cornice line and then slope upward and inward; 4. Small towers, cupolas and widow's walks are encouraged (if they are compatible with the style of the building); 5. Unless specifically designed otherwise, roof overhangs shall wrap around all four (4) sides of the building so that there is visual continuity around the entire building unless site - specific conditions warrant otherwise; or 6. Skylight glazing must be flat to the pitch of the roof. b. Permitted Roof Materials. The following roofing materials are permitted: 1. Standing Seam Metal: Steel (galvanized, enameled or terne- coated), stainless steel, copper and aluminum; 2. Architectural Shingles: Asphalt, fiber reinforced cement, metal, fiberglass and wood; Rev8- 16- 10(LandDevelopmentCode) XV l 11- 1 0 3. Tile: Clay, terra cotta or concrete; or 4. Flat roofs hidden by parapet: any material allowed by building code. c. Equipment on Roof. All equipment located atop a roof of a building must be concealed so that it is not visible by a person standing anywhere on the site or on an adjacent public street. 21- 440.10 - Building Color Simple color schemes are encouraged. As a general rule, building facade should not exhibit more than three (3) colors. a. Prohibited Colors. The use of garish or gaudy colors is prohibited. The use of black, neon or fluorescent colors is prohibited as the predominant building color. b. Trim on Facade. Building trim and accent areas may feature any color, limited to ten percent (10 %) of the affected facade segment, with a maximum trim height of twenty -four inches (24 ") total for its shortest distance. 21- 440.11 - Multi- Building Complexes Specific provisions must ensure a unified architectural design and site plan between a complex of buildings or between out - parcel buildings and the main building(s) on the site. The following standards assure an enhanced visual impact of the buildings, as well as providing safe and convenient vehicular pedestrian access and movement within the site. a. Building Groups and Complexes. Buildings and structures, which are a part of a present or future group or complex, shall have a unity of character and design and the use, texture and color of materials shall create a harmonious whole. In addition, the design, scale and location on the site shall enhance rather than detract from the character, value and attractiveness of the surrounding community or neighborhood. b. Ancillary Structures. Separate ancillary structures, including, but not limited to, car washes, cashier booths, and/or canopies over gas pumps shall have comparable pitch or parapets for roofs and shall otherwise have the same architectural detail, design elements, color scheme, building materials and roof design as the primary structure. c. Out - Parcel Facade. All exterior facade of an out - parcel building must be considered primary facade and must employ architectural site and landscaping design elements which are integrated with, and common to, those used on the main development including color, materials, and decorative treatments. d. Connect Circulation of Out - Parcels. Out - parcel structures that are adjacent to each other must provide for vehicular connections between their respective parking lots and provide interconnection of pedestrian walkways. e. Common Wall and Side -By -Side Buildings. When the use of common wall, side - by -side development occurs, continuity of facade and consolidated parking for several businesses in one parking lot may be used. Rev8- 16- 10(LandDevelopmentCode) XVI11 -1 1 fir' w f. Service Areas. Service areas shall not be located in front yards and shall not be visible from a public right -of -way. Waste disposal areas shall be screened one hundred percent (1 00%) by a masonry wall and landscape buffer. The wall shall be consistent in style, materials and color to the facade. The landscape buffer shall be a minimum of five feet (5') in width and shall contain a hedge three feet (3') in height at planting and capable of attaining five feet (5') in height and total opacity within eighteen (18) months. Mechanical equipment, satellite dishes, and other service support equipment shall be located behind the building line and shall be fully screened from the view of adjacent properties both at ground and roof top levels. g. Pay Phones. All telephones on private property shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building. h. Building Security Devices. Exterior mounted security gates or solid roll down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from the inside, within the window or doorframes. Other types of security devices fastened to the exterior walls are not permitted. SECTION 21 - 450 - SIGNS Sign regulations are important because they ensure consistency of signage along the corridor and thereby prevent clutter and confusion exemplified by older, unregulated strip commercial areas. The purpose and intent of sign regulations will be to augment the City of Edgewater's existing sign code to fit the higher aesthetic standard being established for Indian River Boulevard. This Section covers freestanding or detached signs, attached or building signs, multi - tenant development signs and specialty signs. Properties zoned RP (Residential Professional) shall adhere to sign requirements as set forth in Article III. 21 450.01 Freestanding Signs Freestanding signs include signs that are typically placed in front of businesses and developments in order to achieve visibility from the highway. By definition, freestanding signs are unattached to the building(s). 21 450.02 - Ground Signs Required Freestanding ground signs shall be allowed in the Indian River Boulevard Corridor. Pole signs are prohibited. a. Height. The maximum height of the entire sign structure shall be eight feet (8'). b. Sign Area. The sign area of ground signs shall be calculated at a ratio of one square foot (1') of sign area per two linear feet (2') of addressed building frontage, with the following maximums. 1. Typical Building. Ground signs shall not exceed forty -eight (48) square feet for buildings with Indian River Boulevard road frontage. Rev8- 16- 10(LandDevelopmentCode) XVIII -12 Nee 2. Primary Streets and Other Intersecting Streets. Ground signs on primary streets and other streets intersecting Indian River Boulevard may be up to thirty -two square feet (32'). c. Number of Ground Signs. One (1) sign shall be allowed per parcel with four hundred feet (400') or less of road frontage. If a parcel's road frontage exceeds four hundred feet (400') and is less than seven hundred feet (700'), then a maximum of two (2) ground signs shall be allowed but no closer than three hundred feet (300') apart. If a parcel's road frontage exceeds seven - hundred feet (700'), then a maximum of three (3) ground signs shall be allowed, but no closer than three hundred feet (300') apart. d. Ground Sign Planter Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least two - thirds (2/3) the horizontal width of the sign surface. A planter structure shall enclose the foot of the base. The planter shall be between two feet (2') and three feet (3') in height above the ground, with a minimum length equal to the width of the sign and a minimum width of three feet (3'). The materials will be consistent with the sign and principal structure. The planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. e. Ground Sign Setback. The planter setback shall be a minimum of ten feet (10') from the right -of -way. f. Movement. No ground sign nor its parts shall move, rotate or use flashing lights. g. Electronic Message Centers (EMC) /Signage. EMC signage shall conform to the requirements contained in Article VI, however, in the event of conflicting language, the requirements of Article XVIII shall supersede. All other requirements contained in this Article shall also apply. 21- 450.03 - Business Identification Signs Business identification signs include signs that are attached to the building wall or window. They include wall signs (flat against building wall), projecting/hanging signs (perpendicular to the building), window signs, canopy /marquis and awning signs. The following general design criteria shall apply to all attached signs located in the Indian River Boulevard Corridor. No sign shall cover architectural detailing. Only one (1) business identification shall be allowed per sign to reduce clutter. a. Wall Signs. Wall signs should be limited to one (1) per business per facade. 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, provided however that copy area shall not exceed fifty percent (50 %) of the primary frontage (width) of the tenant space. Wall signs should be placed on the building facade and not perpendicular to the wall. b. Projecting/Hanging Signs. Projecting/hanging signs should not exceed four (4) square feet and should be located adjacent to the entry to the building or to the Rev8- 16- 10(LandDevelopmentCode) XVIII -13 New Ise tenant space. If located under an awning or marquis, the projecting sign should be located perpendicular to the building face. c. Window Signs. Window signs should be maintained properly. Window signs shall be painted or decal only and should not exceed twenty five percent (25 %) of window area. Sign location shall be between four feet (4') to six feet (6') above grade to allow visibility into the store for pedestrians. Promotional posters for civic events shall be permitted on windows and should not be included in the sign area calculation. d. Canopy/Marquis or Awning Valance Signs. Signs shall not be permitted on canopy /marquis or awning valance structures. 21- 450.04 - Multi - Tenant Buildings Developments that have multiple tenants shall limit the ground sign to just the name of the center /complex (may also possibly include an anchor store) and wall signs to identify the individual tenants to prevent clutter along the corridor. a. Directory Signs (for multi -use developments). Sites with two (2) or more businesses on the premises are allowed a directory sign. The size of the sign should not exceed six (6) square feet. The location of directory signs should be approved at the discretion of the City. 21- 450.05 - Specialty Signs a. Easel. Easel signs should be limited to one (1) sign per active store entranceway. The sign should relate to the business or merchandise line of the particular place of business. Easel signs should be no larger than twenty four inches (24 ") wide by thirty six inches (36 ") high. 1. Signs placed on easels should be no larger than twenty -four inches (24 ") wide by twenty -four inches (24 ") high. 2. Signs shall be located directly in front of the business entrance at a distance of no greater than five feet (5') from the building and shall not block pedestrian movement. b. Flags. A maximum of one (1) state, one (1) federal and one (1) local /county flag per parcel; each a maximum of thirty -five (35) square feet. Flags shall be set back from road right -of -way a minimum distance of ten feet (10'). c. Opening Banners. Opening banners shall be allowed from two (2) weeks prior to opening until one (1) month after opening. Banners shall be located on building walls. 21- 450.06 - Signage Performance Standards Only permanent durable materials allowed and must be maintained. Signs should be executed by a qualified, professional sign maker; homemade signs are prohibited. Rev8- 16- 10(LandDevelopmentCode) XV I I1 -14 Now 21- 450.07 - Exempted Signs Real estate signs and construction signs shall meet Land Development Code standards. 21- 450.08 - Prohibited Signs a. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off -site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. Bench signs are prohibited except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. b. No advertising or signage is allowed on any exposed amenity including but not limited to trash containers and fences. Bench signs are prohibited except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. 21- 450.09 - Sign Illumination a. Sign lights shall be focused, directed and so arranged as to prevent glare or direct illumination or traffic hazard from said lights onto residential districts or onto the abutting roadways. No objectionable glare shall be directly visible from a public right -of -way or residential zone. Illuminated signs shall provide shielding from any source of illumination other than neon. b. Any external, above - ground light source shall be located and hidden within the sign planter bed. Light sources located outside the sign planter bed shall be in a burial fixture. 21- 450.10 - Prohibited Lighting a. No flashing or pulsating light shall be permitted on any sign. No sign shall be permitted which involves lighting or motion resembling traffic or directional signals, warnings or other similar devices, which are normally associated with highway safety or regulations. In addition, no sign shall be permitted which constitutes a safety hazard or hindrance because of light, glare, focus, animation, flashing or intensity of illumination. Lighted signs shall be designed and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. High intensity lights such as beacon lights, spotlights or floodlights shall not be permitted in the Indian River Boulevard Corridor. b. No prisms, mirrors or polished reflecting surfaces shall be used for purpose of augmenting intensity of light sources and no hi- intensity lights or stroboscopic lights or effect is permitted. 1. No more than forty -five (45) milli- amperes on high voltage side of neon transformer shall be permitted. 2. Maximum wattage of incandescent bulbs shall be limited to eleven (11) watts. 3. A maximum of sixty (60) milli - amperes shall be permitted on neon tubing. Rev8- 16- 10(LandDevelopmentCode) XV111 -15 Val 'w 4. Letters or border decoration of buildings with a maximum of eleven (11) watt maximum incandescent bulbs shall be permitted. 5. Strip lighting includes lighting used to outline a structure or any part thereof and shall be prohibited. Streamer lights and/or neon strip lighting shall be prohibited above the roof level of any building. Strip lighting, as referred to here, shall not include Christmas decorations and related lights. SECTION 21 -460 — NONCONFORMING STRUCTURES 21- 460.01— Existing Nonconforming Structures These guidelines apply to buildings and structures. Further, any structure which is lawfully existing when these regulations are adopted (or amended) and which does not conform with all the provisions of these regulations may remain and be continued subject to the following regulations. 1. The intent and purpose of these nonconforming structure provisions shall be to improve and otherwise encourage such structures to be redeveloped and revitalized in ways that conform with these regulations to the greatest extent feasible. Therefore, such structures, may be used, enlarged, replaced, altered and/or expanded subject to the following: 2. Such use, enlargement, replacement, alterations, expansions and/or extension is approved (as a conditional use /special exception/administrative variance) by the Planning and Zoning Board under the procedures of these regulations. 3. All applications shall be subject to all appropriate safeguards and conditions necessary to ensure that any such approval will not be contrary to the public interest, the intent of these Indian River Boulevard Design Guidelines or injurious to the specific area in which the existing nonconforming structure is located. 4. All applications shall provide complete and written justification regarding any provisions of these regulations that the applicant believes cannot be fully complied with. Such justification shall not include monetary considerations. 5. Under no circumstances shall the provisions of this Section be construed to mean that any existing nonconforming structure may be changed, or that any provision, requirement and/or regulation contained within these regulations can be waived or reduced which can reasonably be complied with by the applicant. The provisions of this Section shall not be construed and/or applied in such a manner as to permit the enlargement, replacement, alterations, expansion and/or extension of any existing nonconforming structure without justifiable reasons based on a legally existing and nonconforming status; that would result in any undue hardship or injurious activity that would deprive adjacent individual property owners of their property rights; or that would be detrimental to the area surrounding the nonconforming premises in general. 21 460.02 — Guidelines For Nonconforming Structures a. No nonconforming structure shall be enlarged, replaced or altered in any way which increases it nonconformity except in conformance with these regulations; Rev8- 16- 10(LandDevelopmentCode) XVIII -16 `r✓ rr/ b. It is further stated that any alterations, replacement or modification of the exterior of a nonconforming structure shall comply with these design guidelines to the maximum extent feasible; c. Nonconforming structures may be restored to a safe condition if declared unsafe, providing that such restoration does not constitute more than fifty- percent (50 %) of the structure's appraised fair market value; d. If damaged by more than fifty- percent (50 %) of its appraised fair market value, a nonconforming structure shall not be restored except in conformance with these regulations. e. Nonconforming structures may have normal repair and maintenance performed to permit continuation of the nonconforming structure. SECTION 21 -470 - RESERVED SECTION 21 -480 - RESERVED SECTION 21 -490 - RESERVED Rev8- 16- 10(LandDevelopmentCode) XVII1 -17