Ord. No. 14-10 – Approved

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[ Code of Ordinances ]
Ord. No. 14-10 – Approved

ORDINANCE NO. 14-10

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO SIGNAGE; MAKING FINDINGS; REPEALING SECTION 5.5-46, TOWN CODE OF ORDINANCES, BY REPEALING THE PROHIBITION AGAINST DISPLAY OF MURALS; AMENDING SECTION 17-106, TOWN CODE OF ORDINANCES; PROVIDING FOR A DEFINITION OF A MURAL AND REVISING THE DEFINITION OF SIGN; AMENDING SECTION 17-106.2, TOWN CODE OF ORDINANCES, EXCLUDING MURALS FROM THE PRECLUSION OF DISPLAY OF OBSOLETE SIGNS; AMENDING SECTION 17-106.4, TOWN CODE OF ORDINANCES, PERMITTING MURALS TO BE DISPLAYED AND TREATING THEM AS ATTACHED SIGNAGE; PROVIDING FOR SEVERABILITY/INTERPRETATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council desires to use zoning restrictions to maintain commercial areas along Fifth Avenue and SR-A-1-A; and
WHEREAS, the Town Council desires to regulate signage and ensure safe and convenient on-site traffic flow and vehicular parking needs; and
WHEREAS, Council desires that signs be regulated to enable the public to locate goods, services and facilities without difficult or confusion; and
WHEREAS, Council desires consistency in Town sign regulations; and
WHEREAS, Council intends for signs to be adequate and yet decorous; and
WHEREAS, Council desires for signs not to cause any undue distraction to drivers thereby creating a safety hazard; and
WHEREAS, the Town Council and the Local Planning Agency, sitting as both the Zoning and Planning Board and the Local Planning Agency (hereinafter: the “LPA”), finds that this Ordinance is consistent with the Town’s Comprehensive Plan; and

WHEREAS, the Town Council finds that this Ordinance will promote the public health, safety, welfare, economic order, and public interest and convenience, of the Town.
NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida:
SECTION 1. That Section 5.5-46 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:
Sec. 5.5-46. Murals prohibited. (Repealed.)
(a) Definitions. For the purposes of this section, the word “mural” shall have the meaning herewith assigned. “Murals” are defined as a painting or representation of subject matter of either an informational or decorative nature that is usually placed on a structure and that is visible from a right-of-way.
(b) Prohibition. Except as otherwise permitted by ordinance of the town, no mural shall be erected, created, or painted on any structure, as that term is defined in section 17-4, town code, and including fences or walls.
SECTION 2. That Section 17-106(3) of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:
Sec. 17-106. Signs.
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(3) Definitions. For the purposes of sections 17 106 through 17 106.5, the following words and phrases shall have the meaning herewith assigned to them unless the context re¬quires a different definition which, in that case, shall appear at that point in the context:
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Mobile or portable sign: Any visual advertising, identifica¬tion or informational device or placard which is readily movable.
Mural: A mural is a type of sign which consists of a painting or artistic work composed of pictures or arrangements of color. Murals are applied to and made integral with a wall or ceiling surface.
Nonconforming sign: A sign or sign structure which does not conform to the requirements of this ordinance.
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Sign: Every ground sign, wall sign, mural, flag, banner, pennant, balloon, temporary sign, marquee, awning sign, announcement, declaration, figure, writing, graphic or pictorial presentation, number, illustration, figure, insignia, symbol, picture, painted wall sign, drawing or three-dimensional figure, which is used to announce, display, direct attention to, or otherwise make anything known, used to advertise or promote the interests of any business or person when the same is placed out-of-doors in view of the general public or designed to be viewed from public rights-of-way, alleys, other public property, and/or the areas visible to the public. A mural, as defined in chapter 5.5, town code, shall not be included within the definition of a sign.
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SECTION 3. That Section 17-106.1(6) of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:
Sec. 17 106.1. [Sign] plan and construction standards.
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(6) Content. All signs, except for murals, shall be limited to identifying the occu¬pant, the street number, and the street name; and the type of products or merchandise or services sold, handled, or conducted on the premises on which the sign is located. If desired, the sign may include a picture of, or a miniature of, or a full size sample of, one of the wares available on the premises, provided that all of the information, including the ware is contained within the size limitations of the sign.
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SECTION 4. That Section 17-106.2(1) of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:
Sec. 17 106.2. Prohibited signs.
The following types of signs are specifically prohibited:
(1) Obsolete signs. Any sign, except for a mural, displayed which no longer identi¬fies a bonafide business or service organization conducted upon the premises (or identifies a service no longer con¬ducted on the premises) shall be removed, taken down, or completely obliterated within thirty (30) days after written notice by the building official or the code enforcement officer.
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SECTION 5. That Section 17-106.4(4), (5), (6)(b), (7), and (9) of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:
Sec. 17 106.4. Signs authorized in the various zoning districts.
Only those types of signs that are listed below are permitted in the following zoning districts:
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(4) R 3 Multifamily Districts:
(a) The temporary signs permitted for R l A;
(b) One attached, mural, or painted sign; (See Definition of Attached Signs.) The area enveloped by the sign shall not exceed twenty four (24) square feet and must comply with all of the other requirements of signs author¬ized in C and C l districts;
(c) One detached sign: The same regulations apply as for attached signs. The sign must be erected inside the lot lines;
(d) Building numbering is required in accordance with Section 13-9;
(5) RP Residential-Professional Districts:
(a) Residential use: Temporary signs as permitted for District R 1 A, except that garage sales are permitted only for the remaining residences in these districts;
1. (1) Building numbering is required in accordance with Section 13-9;
(b) Professional use:
1. Only the following temporary signs are permitted: Construction (see Section 17-106.3(2)), real estate (see Section 17-106.3(1)), directional (see Section 17-106.3(4)), and political (see Section 17-106.3(5));
2. Grand opening signs are permitted only once for each occupant or change of ownership of the property, or only once after each extensive remodeling of the premises, which must cost at least fifteen percent (15%) of the assessed valuation of the building. Grand opening signs shall not exceed eighteen (18) inches by forty eight (48) inches in size and shall not be displayed for more than seven (7) days;
3. One (1) attached sign identifying professional offices is permitted; provided, that the attached sign does not exceed twelve (12) square feet in area and does not protrude more than one (1) foot beyond the exterior wall of the building. The attached sign may be a mural. Only one (1) such sign is permitted for each business or service, ex¬cept for offices occupying a corner lot where one (1) such identical sign is permitted on each street side. Where parking is provided in the area, an iden¬tical sign is permitted on the rear of the building.
4. The height of all attached signs shall not exceed the eave line of the building or structure;
5. A grand opening banner may be permitted for a duration not exceeding seven (7) consecutive days as permitted provided that the banner does not exceed a size of three (3) feet by five (5) feet. Display of any banner, any part of which exceeds fourteen (14) feet in height above ground level shall be prohibited. Grand opening banners are permitted only once for each occupant or change of ownership of the property, or only once after each extensive remodeling of the premises which must cost at least fifteen percent (15%) of the assessed valuation of the building.
3. Building numbering is required in accordance with Section 13-9;
(6) C, C l, and C 2 Commercial Districts.
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(b) Attached and painted (on the building surface) signs: The following conditions regulate signs attached or painted upon any front, rear or side surface of the occupant’s building, which include but is not limited to mural signage, provided the signs comply with all other requirements of this section:
1. Only one wall of the building may have an attached sign(s), except in the case of buildings with rear entrances and buildings on corner lots. The signs on this wall shall be subject to the following restrictions:
a. There shall not be more than one sign per occupant;
b. No sign shall exceed thirty two (32) square feet in area;
c. The area of the sign, or combined area of the sign, shall not exceed ten percent (10%) of the surface area of the wall. Calculation of the surface area shall include doors and windows;
2. In the case of rear entrances, each such entrance may have one (1) sign not to exceed twelve (12) square feet in area over or beside the rear entrance;
3. In the case of buildings located on corner lots, a sign not to exceed thirty two (32) square feet is permitted on the wall which is closest to the side street;
4. The zoning and planning board has the authority, upon application, to permit an attached sign on any one face (and on the side street face of corner lot buildings) to encompass an area up to five percent (5%) of the total exposed face of the build¬ing. This provision is applicable to large buildings whereon such sized signs will be proportional to those permitted for smaller buildings. The board will evaluate such proposed sign in relation to the size of the building, its general appearance, and its architectural similarity to neighboring buildings;
5. The sign may be constructed of multiple parts and its content shall be limited to permanent letters, numerals, insignia, and a picture of, or a minia¬ture of, or a full size sample of one of the wares available on the premises, provided that all of the information, including the ware is contained within the size limitations of the sign. No portion of an attached sign shall protrude more than one (1) foot beyond the wall on which the sign is attached.
6. The height of attached signs shall not exceed the eave line of the building.
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(7) S C Shopping Center Districts: All provisions of the C and C 1 Districts apply except as modified below:
(a) Attached signs, excluding murals, may be mounted on the roof;
(b) The height of attached signs shall not exceed the height of the roof at the ridge pole;
(c) Each business area may have an attached sign not to exceed, in area, thirty two (32) square feet or ten per¬cent (10%) of the total exposed building face’s square feet, whichever is greater;
(d) Detached signs are not permitted, except one (1) detached sign is permitted for each shopping center. The actual sign area shall not exceed ten (10) feet in height and fifteen (15) feet in width. The supporting structure shall not exceed twenty (20) feet in height and twenty (20) feet in width. The total height of the entire structure and sign shall not exceed thirty (30) feet in height;
(e) Where the business unit is available from the rear, a second sign not to exceed nine (9) square feet in area may be attached to the rear of the building unit.
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(9) CH Church Districts:
(a) Bulletin boards, attached signs (including but not limited to murals), and similar signs of churches shall be permitted (instead of commercial detached signs) and shall not exceed thirty two (32) square feet in area, shall not exceed eight (8) feet in height, shall be located within the property lines, and shall not exceed one (1) sign facing each street;
(b) The bulletin boards may contain changeable letters and numerals, both of which may be changed without obtaining a sign permit.
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SECTION 6. Severability/Interpretation Clause. (a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist. (b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through are deletions from existing text.
(3) Asterisks (* * *) indicates a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinance denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.
(c) Any legislative intent included in this Ordinance shall not be codified.
SECTION 7. Effective Date. This Ordinance shall become effective upon adoption.
PASSED by the Town Council of the Town of Indialantic Florida, on first reading on the ____ day of ___________, 2014, and ADOPTED by the Town Council of the Town of Indialantic, Florida, on final reading on the ____ day of __________, 2014.

TOWN OF INDIALANTIC

_____________________________

Dave Berkman
Mayor
ATTEST: ________________________
Laura Eaton
Town Clerk