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Agenda 07/28/2009 Item #17K
°,u.inda Item No. 17K July 28, 2009 r a ge 1 of 103 EXECUTIVE SUMMARY To conduct a public hearing to review and adopt revisions to the regulations pertaining to signs within the Collier County Land Development Code (Ordinance No. 04 -41). OBJECTIVE: To conduct a public hearing to review and adopt revisions to the sign regulations of the Collier County Land Development Code (Ordinance No. 04 -41). CONSIDERATIONS: As a result of the legal challenge asserted in Bonita Media Enterprises, LLC versus the Collier County Code Enforcement Board (see attached exhibit), those provisions of the sign code that are or may be considered unconstitutional, as identified by the County -hired consultant and the County Attorney's Office, are proposed to be eliminated, amended and/or replaced. These revisions have been drafted with the assistance of a consultant who is under contract with the County, Dan Mandelker, Stamper Professor of Law, Washington University -St. Louis, Community Development and Environmental Services staff (ODES) and the County Attorney's Office. Per the Board of County Commissioners direction, staff revised the sign code to remove and/or modify only those provisions which are or may be unconstitutional under Free Speech/First Amendment law. Throughout this process, staff has been ever mindful of avoiding substantive changes, such as changes to sign dimensions, numbers, setbacks, and locations, etc. These types of changes are more appropriately considered though the Land Development Code amendment process with heightened public participation from a variety of community -wide sources. The strict purpose of this hearing is to clean up the sign. code to reduce the likelihood of future lawsuits associated with free speech issues. The Planning Commission has reviewed and approved the attached document mindful of the purpose as noted above. Although the Planning Commission hearings were advertised, public participation has been minimal, however throughout the revision process there were several representatives from the sign industry who discussed the proposed changes with staff and who attended the Planning Commission hearings. For the Board's information and consideration, the attached matrix indicates four areas of code where the consultant recommended removal of the specified subject matter, however County staff and the Planning Commission agreed it should remain because of a low risk of potential challenge. FISCAL IMPACT: The costs of the consultant to date are $1$,120.00; costs of CDES staff time totals approximately $57,000. The lawsuit settlement and consulting fees have already been expended and staff expects no further fiscal impacts. GROWTH MANAGEMENT IMPACT: None. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECORIMENDATION: ,.., The Collier County Planning Commission voted unanimously to approve the proposed changes to the signage provisions of the Land Development Code. FAExecutive Summaries\EXEC SUM BCC Sign Code 071309.doc 28. LEGAL CONSIDERATIONS: First Amendment law is constantly evolving. Although there is no such thing as a 100 percent "bulletproof' sign code, the proposed changes are the result of a collaborative effort, led by a preeminent First Amendment legal scholar (Dr. Mandelker). The goal of the effort has been to minimize the likelihood of future First Amendment challenges, mainly by removing content -based distinctions in the sign code, as such distinctions face a very high level of scrutiny by reviewing courts. The result of the proposed revisions is a legally sufficient ordinance under currently applicable legal authority. This item 1s not quasi ii dicial, and being an amendment to the Land Development Code, requires a supermajority vote. Ex parte disclosures are not required. This item is legally sufficient for Board action. -JW RECOMMENDATION: Staff recommends that the Board adopt the revisions as attached and recommended by both the staff and the Collier County Planning Commission. Prepared by: Catherine Fabacher, AICP, LDC Manager, Zoning & Land Development Review 2 FAExecutive SummarieslEXEC SUM BCC Sign Code 071309.doc PaL,e I of I Agend,3 !ten-, 1,•Jo. ', 7K July -8, 20(,9 Page 3 of file://C:\AL,'eiidaTest\EXDOI-t\I 33)-JU1V%2028.1//0202009\1 7.%20SUMMARY1/,020AGENDA\... 7/22/2009 COLLIER COUNTY BOARD OF COUNTY .COMMISSIONIEFS Item Number: 'r7K Item Summary: To ccilduct, 2 public hearing to review and adopt revisions to the sign regulations of the Collier County Land Development Code (Ordinance No. 014-41) as a result of the legal challenge asserted in Bonita Media Enterprises LLC versus the Collier County Code Enforcement Board. Meeting Date: 7/28,2009 9,00.00 AM Prepared -d By Susan Istenes, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 711412009 11:32:51 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development& Community Development & Environmental Services Environmental Services Admin. 711512009 10:02 AM Approved By Jeff ,fright Assistant County Attorney Date County Attorney County Attorney Office 711612009 2 47 PM Approved By Jeff Kliatzkow County Attorney Date 0,)unfy attorney County Attorney Office 7 /1 6120 0 9 3:23 PM Approved By Judy puig i pe;-a"i'ms. Ailaiyst Date o n-i - munity Development & Comrnun'ity Development i, �:, I nviro, monta! Se-vices E:nvit,Drimental Servir.es Admin. 71 116 12 0 3. 3 i 0 Approved By Ca"lerine Fabacher Principal Planner Date Community Develo:;ment & "" 7rvilonrnenta! Servizcs 4-oniilg $- Land Deveinpment Review 7)"; 6! 2 9 C 3:47 P P41 Approved By ,)N'iE OM S c rLlir.a"Pir Date County Of' ,, ice Office Of kriarlagament & Budg-'at 711612�,3 3: 2 PA Approved By County 7 f, 5- 4 Affil Approved By L,.?o E, D :s, Jr, De.)uIy C,-)untv cr -'ate, 5, card of County P1. file://C:\AL,'eiidaTest\EXDOI-t\I 33)-JU1V%2028.1//0202009\1 7.%20SUMMARY1/,020AGENDA\... 7/22/2009 M N r \ C U IA 0 U �I fl O v s to Ci Y lC I i v 7 U 1 � 1 U p 1 I ^ T N C aNi G U G Cd y 60 o - y _ o 7 � � _ � II U U eC� I '^' 'O b U F 'CJ > b0� 7 ✓ J ��. V� .:J N �4J o`� y [n � U °• � � �, "O C . .N � i_ �3•� � n.Y c � 73 Cd y N °A a yc O u c.) do v�� °or ;asv NON I i o iI .N '� N J < O t il: 1 I-D � OD bfa bJJ CID 51J � AJ te,nda rte n talc. 17, K J,u!y 28, 2009 Pag: 1ap.`11 03 LEXSEE 2008 U.S. DIST. LEXIS 10637 BONITA MEDIA ENTERPRISES, LLC, Plaintiff, vs. COLLIER COUNTY CODE ENFORCEMENT BOARD, COLLIER COUNTY, a political subdivision of the State of Florida, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Defendants. Case No. 2:07 -cv- 411- FtM -29DNF UNITED STATES DISTRICT COURT FOR THE MIDDLE DIS- TRICT OF FLORIDA, FORT MYERS DIVISION 2008 U.S. Dist. LEXIS 10637 February 13, 2008, Decided February 13, 2008, Filed PRIOR HISTORY: Bonita Media Enters., LLC v. Collier County Code Enforcement Bd., 2007 U.S. Dist. LEXIS 94468 (M.D. Fla., Dec. 27, 2007) COUNSEL: [*I] For Bonita Media Enter- prises, LLC, a Florida limited liability com- pany, Plaintiff: Richard Steven Annunziata, LE < °.D ATTORNrEY, Brennan, Manna &. Dia- mond, PL, Bonita Springs, FL; Amanda Reid Payne, Cynthia L. Hain, Holland & Knight, LLP, Jacksonville, FL. For Collier County Code Enforcement Board, Collier County, a political subdivision of the State of Florida, Collier County Board of County Commisioners, Defendants: Jeff E. Wright, LEAD ATTORNEY, Collier County Attorney's Office *, Naples, FL. t1 UDOES: JOHN E. STEELE, United States District Judge. OPINION BY: JOHN E. STEELE OPINION OPINION AND ORDER This matter comes before the Court on Plaintiffs Motion for Preliminary Injunction (Doe. # 12), filed on September 24, 2007. De- fendants filed a Memorandum of Law in Oppo- sition (Doc. # 28) to the motion on October 26, 2007. The Court heard oral arguments on Janu- ary 8, 2008. With the Court's permission, plain- tiff filed Plaintiffs Supplemental Brief on Standing (Doc. # 44) on January 11, 2008. I. Plaintiff Bonita Media Enterprises, LLC (plaintiff or Bonita Media) owns and operates a mobile sign business which sells advertising on specially manufactured vehicles driven on the streets and highways of Collier County and other counties [ *2] in Southwest Florida. The vehicles are essentially large vans sv,.tl. brll- .�v boards on both sides and the rear; the billboards consist of triangular vertical panels which ro- tate every eight seconds, thus displaying a dif- ferent image. Plaintiff asserts that the advertis- ing has included both noncommercial and 2008 U.S. Dist. LEXIS 10637. * commercial speech, and it intends both types of speech in the future. In a December 18, 2006, Collier County Code Enforcement Notice of Violation, plain- tiff was informed that on December 14, 2006, Investigator Kitchell T. Snow observed its "ve- hicle with moving sign copy that changed ap- proximately every 30 to 40 seconds advertising business, creating a 'traffic hazard through the attraction and /or distraction to the motorized public. This is contrary to the Collier County Land Development Code and must be brought into compliance with current code." (Doc. # 8- 2, Exh. A.) The Notice of Violation advised plaintiff that it must, on or before December 21, 2006, "cease displaying any sign that em- ploys movement or motion or that gives the illusion of motion, whether said vehicle is in operation or stationary within the unincorpo- rated area of Collier County. Cease all future use of signs that do [*31 not comply with the Collier County Land Development Code." (Id.) Plaintiff failed to comply, and the Notice of Violation was scheduled to be heard by the Collier County Code Enforcement Board (CEB). Plaintiffs attorney filed a Memorandum of Response for the CEB's consideration. rais- ing First .4rnen1777erzt issues, among others. A hearing before the CEB was held on May 24, 2007, at which plaintiff and its attorney partici- pated. In a June 4, 2007 written Findings of Facts, Conclusions of Law and Order of the Board (Doc. # 8 -4, Exh. C), the CEB found plaintiff to be in violation of Sections 5.06(L), 5.06.06(W), and 5.06.06(X), ordered plaintiff to immediately cease "displaying of any sign within Collier County that employs motion, or the illusion of motion, or any si,n mounted on vehicle be it roof, bed, hood, truck and so on where the sign is made to attract or distract the attention of motorists for the purpose of adver- tising a business, product, service or the like, attract or distract the attention of motorists for the purpose of advertising a business, product, . q service or the like whether or not said vehicle is parked or driven or any sign which constitutes a traffic hazard or detriment [ *4] to traffic safety by its size, color, movement, content, coloring, or method of illumination." (Doc. # 8- 4, Exh. C.) If plaintiff did not comply, the CEB's Order imposed a fine of $ 1,000 per sighting. Plaintiff was also ordered to pay all operational costs incurred in the CEB prosecu- tion. Plaintiff is currently in compliance with the Sign Code, solely in order to avoid the im- position of fines. On June 25, 2007, plaintiff filed its Com- plaint (Doc. # 1) in the instant federal case. Plaintiffs operative pleading is a three -count Amended Complaint (Doc. # 8) seeking de- claratory and injunctive relief pursuant to 42 U.S.C. § 1953. Count I of the Amended Com- plaint (Doc. # 8) seeks a declaration "that the Sign Code is, on its face and as applied, uncon- stitutional" as a violation of the First .4n7end- rncia. Count 11 seeks a declaration "that the Sign Code is unconstitutional" as a violation of due pr -ocess under the Fourteenth Ar;,e; drrrer;t both on its face and as applied. Count III seeks a preliminary injunction barring defendants from enforcing the Sign Code against plaintiff and a permanent injunction barring defendants from enforcing the Sign Code against "the world," and enjoining defendants' [ *5] en- forcement or collection of any fines imposed on plaintiff. 11. Plaintiff seeks a preliminary injunction "en- joining the County, its agents and assigns. dur- ing the pendency of this action, from enforcing the Sign Code against [Bonita Media], includ- ing the imposition of any fines against [Bonita A /iedia], and trop; takuig any steps to enforce the June Order. including any liens the County may seek to impo se against [Bonita Media] or its personal property." (Doc. # 12, p. 22.) At oral argument the County stipulated that it Woutu riot a��cr i ally ttctt5 agariist riUtlrtd ivtc Ulu Ac; n"la !tem No. 1, K July 28, 2009 Pa g ." -ago F3i C3 2008 U.S. Dist. LEMS 10637, * or its personal property during the pendency of this action. Also at oral argument, plaintiff cla- rified that by seeking an injunction precluding the County from "taking any steps to enforce the June Order" it did not intend to restrict the County's participation in its state court appeal of the CEB decision. What remains at issue, therefore, is plaintiffs request to enjoin en- forcement of the Sian Code in its entirety, in- cluding imposition of fines, against Bonita Me- dia. In the Eleventh Circuit, issuance of "a pre- liminary injunction is an extraordinary and drastic remedy which should not be granted unless the movant clearly [ *6] carries the bur- den of persuasion" on each of four prerequi- sites. Canal Auth. of State of Fla. v. Callaway, 489 F.2d 567, 573 (51h Cir. 1974) 1. See also McDonald 's Corp. v. Robertson, 147 F.3d 1301, 1306 (11th Cir. 1998). The four prereq- uisites for a preliminary injunction are: (1) a substantial likelihood of succeeding on the merits; (2) a substantial threat of irreparable injury if relief is rieni,-d; (3) an injury That out- weighs the opponent's potential injury if relief is granted; and (4) the injunction would not harm or do a disservice to the public interest. SunTrust Bank: v. lloughton Mifflin Co., 268 Fad 1257, 1266 (111h Cir. 2001)(citing Ain.cri- can Red Cross v. Palm Beach Blood Bank, 143 F.3d 1407, 1410 (11th Cir. 1998)); Gold Coast Publ'ns, Inc. v. Corrigan, 42 F.3d 1336, 1343 (11th Cir. 1994), cert. denied, 516 U.S. 931, 116 S. Ct. 337, 133 L. Ed. 2d 236 (1995). The burden of persuasion for each of the four re- quirements is upon the movant. Siegel v. Le- Pore, 234 F.3d 1163, 1176 (111h Cir. 2000)(en bane). These four requirements apply in First Amendment cases challenging a sign ordinance. KH Outdoor, LLC v. Trussville; 458 F. 3d 1261, 1269 (11th Cir. 2006); Solarltie, LLC V. City of Neptune Beach, 410 F.3d 1250, 1253 n.3 (11th Cir. 2005). I In [ *71 Bonner v. Cih, of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en Banc) the Eleventh Circuit adopted as binding precedent all the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. III. While conceding that plaintiff has standing to challenge Sections 5.06(U), 5.06.06(W), and 5.06.06(X) of the Sign Code, defendants assert that plaintiff has no standing to make a First ,9niendment challenge to the remainder of the Sign Code. Plaintiff insists that it has standing to challenge the constitutionality of the Sign Code in its entirety. The Court concludes that neither side is correct. A. A plaintiff must have standing in order to satisfy the case or controversy requirement of Article IiI of the united States Constitution. KH Outdoor, L.L.C. v. Clay County, 482 Fad 1299, 1303 (11th Cir. 2007). The standing principles are well - settled in the Eleventh Cir- cuit: [T]he irreducible constitutional minimum of standing contains three elements, [ ] all of which must be satisfied: First, the plain- tiff must have suffered an injury in fact -- an invasion of a legally pro- tected interest which is (a) concrete and particularized, and (b) actual or imminent, [1.8] not conjectural or hypothetical. Second, there must be a causal connection between the injury and the conduct complained of -- the injury has to be fairly ... trace[able] to the challenged action of the defendant, and not ... th[e] result [ofd the independent action of some third party not before the court. Third, it must be iikely, as opposed to merely speculative, that 2008 U.S. Dist, LEXIS 10637. the injury will be redressed by a favorable decision. T russville, 458 Fad at 1266-6 7 (citations omit - ted)(alterations in original). "In addition to the constitutional requirements, there are also pru- dential standing principles, one of which re- quires that 'a party generally may assert only his or her own rights and cannot raise the claims of third parties not before the court. "' Trussville, 458 F.3d at 1266 -67 (quoting GraT}- ite State Outdoor Adver., Inc, v. City off Clear - water, 351 F.3d 1112, 1116 (11th 07-. 2003)). Further, First Amendment standing analy- sis may be complicated further by the overbreadth doctrine, which serves as an exception to the pru- dential principle noted above. Un- der overbreadth, a party may bring a First Amendment case assertin <-1 the rights of third parties if a stat- ute is constitutionally applied to the [ *91 litigant but might be un- constitutionally applied to third parties not before the coulft [ ] Significantly, the overbreadth doc- trine does not relieve a plaintiff _from having to establish constitu- tional standing; it is simply an ex- ception to one of the prudential re- quirements. [ ] Indeed, a plaintiff may bring an overbreadth chal- lenge to only those provisions of a jaw or ordinance that "affect its ac- tivities." [ ] In other words, the overbreadth doctrine does not change the statutes or provisions of an ordinance a plaintiff may chal- lenge; she can only contest those which actually caused her injury. Rather, the overbreadth doctrine simply allows a plaintiff to bring a facial challenge to a provision of jaw That caused her injury, regard- less of whether the provision's reg- ulation of her conduct in particular was constitutional. Trussville, 458 FM at 1266 -67 (internal cita- tions omitted). If plaintiff establishes that it has standing to challenge a specific portion of the SiLm Code. "the overbreadth doctrine allows that challenge to that specific provision based on its impact on third parties." Id. at 1267. Such a plaintiff can mount not only an as- applied challenge to the provision, but [ *10] also a facial challenge to the provision. Id. at 1267 -68. See also Camp Legal Def. Fund, 1110. v. City of Atlanta, 451 F.3d 1257, 1269 -71 (11th Cir. 2006); Tanner. _4dver. Group v. Fay- ette County, 451 FM 777, 791 (11th Ch'. 2006)(en bane). 'Nonetheless, plaintiff can only challenge those provisions that "affect its ac- tivities." Camp, 451 F.3d at 1273. a The Collier County S;,Tn Code was enacted because "[i]ncreased numbers and sizes of signs, as Drell as certain types of lighting dis- tract the attention of motorists and pedestrians, and mtertere with traffic safety." S 5.0601 Additionally, Collier County found that "[t]he indiscriminate erection of signs degrades the aesthetic attractiveness of the natural and manmade attributes of the community and the- reby undermines the economic value of tour- ism. visitation and permanent economic growth." 5 5.00.01. The intent and purpose of the Sign Code was to implement the County's growth management plan; to promote health, safety, convenience, aesthetics and general wel- fare of the community by controlling signs which r11-0 intended to cnmmiim(- -ite in the mih- lic; and to authorize the use of suns which sat- isfy five identified criteria. S 5.06.01(A). All [* 111 references are to the Sign Code attached to the Amended Com- plaint, Doc. # 8, Exhibit B. 2008 U.S. Dist. LEX[S 10637, * To accomplish these goals, the Sign Code first identifies signs which are permitted. § 5.06.02. This section of the Sign Code ad- dresses signs within residential zoned districts and residential designated portions of PUD zoned projects. It sets forth general restrictions on all such signs concerning maximum allow- able height and minimum setback, § 5.06.02(A )(OW and (b), and then imposes re- strictions on real estate signs, model home signs, construction signs, residential directional or identification signs, on- premises signs with- in residential districts, and conditional uses within residential and agricultural districts. § 5.06.02(A)(2) -(7). The section then imposes requirements concerning signs within non- residential districts. § 5.06.02 (B). The Sign Code then addresses Development Standards for Signs, § 5.06.03, which includes size limitation and structure, the use of spot or floodlights, and signs with address numbers. The Sign Code then addresses Sign Stan- dards for Specific Situations. § 5.06.04. Re- strictions are placed on real estate signs. con - struction signs, and on- premise signs. The on- premise [ *12] sign are restricted as to pole or ground signs, outparcels; directory signs; wall, mansard, canopy or awning signs; menu boards; projecting signs; under - canopy signs; signage for automobile service stations; signs within planned unit developments; flags; Con- servation Collier signs; temporary signs; spe- cial purpose signs (on- site), commercial, busi- ness park and industrial directional or identifi- cation signs; on- premise signs within agricul- tural districts; off - premises directional signs, and illuminated signs. § 5.06.04(0)(1) -(17). The next section of the Sign Code identifies 23 types of si(-Tns which are exempt from the otherwise applicable restriction. § 5.06.05(A)- (W). The exempted signs are allowed in all dis- tricts, subject only to the limitations set forth in the exemption. A Ze,,( a !f -rn No. 17K July 28, 2099 rati Pg�;5103 The Sign Code then identifies prohibited signs. It is declared unlawful to erect or main- tain any sign not expressly authorized by or exempted from the Sign Code. § 5.06.06. Thir- ty -seven (37) types of signs are expressly pro- hibited. Bonita Media was found to be in viola- tion of three provisions: (1) § 5.06.06(U)( "Any sign which employes motion, has visible mov- ing parts, or gives the illusion of motion (ex- cluding time [ *13] and temperature signs)"); (2) § 5.06.06(W)( "Any sign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by ob- structing or distracting the vision of drivers or pedestrians "); and (3) § 5.06.06(X) ( "Signs mounted on a vehicle, be it the roof, hood, truck, bed, and so on, where said sign is in- tended to attract or may distract the attention of motorists for the purpose of advertising a busi- ness, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery ve- hicles, where a roof mounted sign does not ex- ceed two square feet. This section shall not ap- ply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which is not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and /or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service ad- vertized on such signs is offered. ") Finally, § 5.06.07 provides for enforcement of the Sign Code [ *14] and provides penalties for violation of the Sign Code. C. The Court concludes that the County's view of standing in this case is too restrictive and plaintiffs view is too expansive. While plaintiff certainly has standing to challenge those provi- sions of the Sign Code under which he was a nd -a: r is � charged, staIng s not iiriirted to those protii- _'008 U.S. Dist. LEXIS 10637. * sions. Trussville, 458 F.3d at 1267. Rather, plaintiff has standing to challenge those por- tions of the Sign Code which "provide the basic definitional structure for the terms used in [the violated sections] and which more generally define the scope of signs allowed by [the vio- lated sections]." Id. This includes provisions discussing the purpose and intent of the Sign Cone and definitional sp. tions, Id. The C'oiirt concludes that plaintiff has standing to chal- lenge Sections 5.06.01, 5.06.05, 5.06.06, and 5.06.07 because these are the provisions of the Sign Code that "affect its activities." This standing includes both facial challenges and as- applied challenges. Trussville, 458 Fad at 1267; Camp, 451 F.3d at 1273 -74. The Court also concludes that plaintiff lacks standing to challenge Sections 5.06.02, 5.06.03 and 5.06.04 because plaintiff is not affected by [ *15] these provisions, which have nothing to do with its activities. IV. 1` -1 f tl .1;sp to between 11„� -t;,, Jv ,,,L vi ti7e U1 uL v�LVV�. 11 Lll , pariwo re- late to plaintiffs lrkelihnod of establishing that the Sign Code is unconstitutional. Several steps are involved in this determination. A. Content -Based or Content - Neutral: The Court first determines whether the or- dinance is content - neutral or content- based. I7- issville, 458 Fad at 1268; Solantic, 4,110 F.3d at 1258; ,Vesse7- v. City of Doit(lasl�ille, 1175 1 ?d 1.:.015, 15019 (11th Cir. ,'9�'). This dc- 7 / J 1 termination is important because it will decide the level of scrutiny the Court will utilize in reviewing the ordinance. Generally, a content - neutral ordinance will be reviewed under at,. intermediate level of scn atiny while a content - based ordinance will be reviewed under strict scrutinv 3 Such an ordinance is constitutional if it does not restrict speech substantially more than necessary to further a legiii- ?LCD,` mate government interest, and leaves open adequate alternative channels of communication. Trussville, 458 F.3d at 1268 -69. 4 Such an ordinance is constitutional only if it constitutes the least restrictive means of advancing a compelling gov- ernment interest. Trussville. 458 F.3d at 1 ?69 "As [ *16] a general rule, laws that by their terms distinguish favored speech from disfa- vored speech on the basis of the ideas or views expressed are content based." Trussville, 458 F.3d at 1269 (quoting Turner Broad. Svs. v. FCC, 512 U.S. 622, 643, 114 S. Ct. 2445, 129 L. Ed. 2d 497 (1994)). See also Dimmitt v. City of Clearwater, 985 F.2d 1565 (11th Cir. 1993). This approach focuses on the law's terms, ra- ther than the justification for the law's exis- tence. Solantic, 410 F.3d at 1259 17.8. G A con- tent- neutral ordinance, on the other hand, is one that places no restrictions on either a particular viewpoint or any subject matter that may be Al' a -n '77 f -4 C 2,J r 11 0. C`..7,.,. urScuSSeu. i t ((,I, 'lrte, r:/u t ._,u Lit t _v.7, IMJIUII- tic, 410 F.3d at 1259: Messer, 9/--i F.-'d 'it 1,509. ti Additronallx1, 9 c;(`rn orriinance liar been found to be content -based where it favored commercial speech by allowing commercial messages to be displayed more prominently (greater size bill- boards) than those with noncon- imercial ideas, Cafe Erotica of Flu., Inc. v. St. �7 )17ns County, 360 F.3d 1274 (1.1 th Cir . '004), and where it favored commercial speech by allowing commercial bill- boards but no noncommercial billboards, Trusslille. 458 F.3d at 1268. h C`�lantit� noted tl at tl e Supreme �niurfi had stated in Mard [ *17] v. Rock against Racism, 491 Z %S. 781, 109 S. Ct. 2746, 105 L. Ed. 2d 661 (1989) that the gov- rnm nt'c 117)1_111-pose in enar_tino the or-rli- --a nance was the controllinL consideration in decidin <- whether the law was content 2008 U.S. Dist. LEXIS 10637, * neutral. Solantic stated that the Supreme Court had receded from the Ward formu- lation in Cincinnati v. Discovery Net- work, 507 U.S. 410, 113 S. Ct. 1505, 123 L. Ed. 2d 99 (1993). 410 F3d at 1259 n.8. More recently, in discussing a First Amendment challenge to a noise ordi- nance, the Eleventh Circuit cited Ward and stated: "The government's purpose is the controlling consideration at this stage of the inquiry. [ ] Government regulation of expressive activity is content - neutral so long as it is 'justified without refer- ence to the content of the regulated speech. "' DA Mortg., Inc. v. City of Mi- anzi Beach, 486 Fad 1254, 1266 (11th Cir. 2007)(quoting Clark v. Community for Creative Non- Violence, 468 U.S. 288, 293, 104 S. Ct. 3065, 82 L. Ed. 2d 221 (1984)). The Court follows Solantic as the earlier binding precedent. United States v. Hornaday, 392 F.3d 1306, 1316 (11th Cir. 2004), cert. denied, 545 U.S. 1134, 125 S. Ct. 2951, 162 L. Ed. 2d 877 (2005). The Court concludes that the portions of the Collier County Sign Code under review in this case are content - based. Both exemptions and prohibitions in the Sign Code contain content - based [*18] provisions. Section 5.06.05 identifies 23 types of signs which are exempt from the pem-iit requirements and "sball be permitted" in all districts subject only to limitations related to that type of sign. Most of these exempted signs are content based. Some signs are exempt if their content consists of names, addresses, profession, or speciality, while similarly located signs with other information would not be exempt. Thus, Subsection C exempts signs with the names and profession, speciality, or address for a profes- sional office or business establishment, and Subsection N exempts signs with the name and address of a resident located at the entrance rive of residences of ecaarn size lots. Subsec- 'kCaa iron; i`j0. 17 K J..ly 2a. 20 1�9 r=a e t PI71!03 tion D exempts signs which are "[m]emorial plaques, cornerstones, historical tablets, and similar types of commemorative signs." A similar provision was found to be content - based in Solantic, 410 F.3d at 1265. Some of the exemptions are literally and overtly content - based. Thus, Subsection E ex- empts signs which say "No Trespassing," "No Dumping," or are "other prohibitory or safety type signs." Subsection F exempts signs that say "For Sale" or "For Rent," or a "similar sign" for lots less than [* 19] ten acres in size. Subsection H exempts open house signs. Sub- section V exempts signs concerning a busi- ness's or establishment's operational status. See Linmark Assocs., Inc. v. Willingboro, 431 U.S. 85, 97 S. Ct. 1614, 52 L. Ed. 2d 155 (1977)(ban on "For Sale" signs is content -based violation of First Amendment). Subsection I exempts bulletin boards and identification signs for "public, charitable, edu- cational or religious institutions." Other organi- zations are not allowed such signs, a situation found to be content -based in Solantic, 410 Fad at 1264. Exemptions which favor certain speech based on the speaker, rather than the content of the message, are also considered content - based. Solantic, 410 F.3d at 1265 -66. Thus, Subsec- tion J is content -based because it exempts signs located on fences or walls surrounding athletic fields or within sports arenas, stadiums and the like, not signs on fences or walls by others. Subsection L is content -based because it ex- empts "window merchandise displays which are changed on a regular basis," but does not allow window merchandise displays by other users which do not change their displays. Sub- section P exempts advertising and identifvinu signs on taxicabs, buses, trailers, trucks, [ *20] or vehicle bumpers. Thus, those operating taxi- cabs, buses, trailers, and trucks may have signs anywhere on the vehicles, while other vehicles must limit their signs to the bumper. Subsection Q exempts religious displays "that do not con- 2008 U.S. Dist. LENS 10637, * stitute advertising," but does not exempt secu- lar displays that do not constitute advertising. Subsection O exempts flags or insignias of "governmental, religious, charitable, fraternal or other nonprofit organizations" displayed on property owned or leased by the organization. A similar provision was found to be content - based in Solantic, 410 F. 3d at 1264. Subsection S exempts copy changes for "shopping centers, theaters, billboards or mar- quees that have routine changes in copy, or are specifically designed for changes in copy." Copy changes for others is not exempt. Subsec- tion T exempts a sign used as a construction sign by the general contractor of a develop- ment. Other signs, and even other construction signs, are not exempt. Subsection W exempts certain "internal directory signs" for institu- t�t 7 + 1 r t b+ - i.,,. Iona l or uovernnientu iacill res, bill s"in'la signs for other types of facilities are not ox- emat. addition to content -based exemptions, the Sign Code contains [*21] some content- based nrohibitions. Section 5.06.06 irdt_ntifjr_c r types of signs vd-ichi are express]y profit - ited." Two provisions exempt signs which state the time and temperature, Subsections C and U, while two provisions exempt barber pole signs. Subsections C and E. Certain illuminated signs are prohibited, except "residential nameplates." Subsection F. Any signs which "resemble any official sign or marker erected by any govern- mental agency" are prohibited. Subsection M. Subsection Q prohibits signs depicting nudity, sexual conduct, or sexual excitement, which may regulate both protected and unprotected conduct. Solomon v. City of Gaincsvillc, 763 F 2d 1212 (11th Cir. 1985). Subsection Y pro- hibits signs containing certain words. such as "Stop." "Look," "Dancer." and anv other words that interfere with, mislead, or confuse vehicu- lar traffic. Subsection AA excepts "U -Pic signs" and political signs from being a p,:ncilial use on property. All three Sign Code sections involved in plaintiffs citation are content - based. Section 5.06.06(U) prohibits signs employing motions, visible parts, or the illusion of motion, but ex- cludes time and temperature signs. This exclu- sion has been a component [ *22] of sign ordi- nances found to be content- based. Solantic, 410 FM at 1252; Coral Springs St. Sys. v. City of ,Slfnrise, 371 F 3d 1320, 1347 07th (ir. 2004)(time and temperature exemption "may be" unconstitutional). Section 5.06.06(W) pro- hibits signs which constitute a traffic hazard or detriment to traffic safety by reason of, among other things, "content." Section 5.06.06(.X) con- tains double content -based provisions. It first applies to signs mounted on a vehicle intended to attract attention "for the purpose of advertis- ing a business, product, service, or the like." but not for other purposes. The subsection then excludes certain prohibited signs based on the type of vehicle, including emergency vehicles, taxi cabs, and delivery vehicles. Thus, under this subsection plaintiffs signs would not be prohibited if its business included performina taxi or delivery services. Favoring some com- mercial speech over other commercial speech is 0 L�jntC:nl u(AJI+C.I Yi v 1J1iV rl. J(/iunti L, "1 `t! l% I ^. B. Commercial or Non-Commercial Speech: Having determined that the relevant por- tions of the Sign Code are content- based, the Court must determine whether the restrictions involve commercial or noncommercial [ *23] speech because the Supreme Court has afforded each different treatment under the First _4171endinent. See l7etrontedia, Inc. v. City of San Dicgo, 453 U.S. 490, 506, 101 S. Ct. 28821 69 L. Ed. 211 800 (1981) (plurality opinion). ( nntent- 1?ased :- St;rrtr`: ric nn rioncomi— ercial protected speech are analyzed under the "strict scrutiny" test. Unitcd States r'. Playboy E711771't Group, Inc., 529 U.S. 803, 813, 120 S. Ct. /S 7X 146 1, F1. V Sri i 000O1, Bons a!-! -1 485 ('.S. 312, 321-22; 108 S Ct_ 11.5 7, . - 1.. Ed. 2d 333 (1988). Under the strict scrutiny 2008 U.S. Dist. LEXIS 10637, standard, such an ordinance is constitutional only if it constitutes the least restrictive means of advancing a compelling government interest. Trussville, 458 F.3d at 1269. On the other hand, even content -based restrictions on com- mercial speech are analyzed under the four -part test first announced in Central Hudson Gas & Elee. Corp. v. Public Serv. Comlrl'n of New York, 447 U& 557; Inn S. Ct. 2343, 65 L. Ed. 2d 341 (1980). Florida Bar v. Went For It, Inc., 515 U.S. 618, 623 -24, 115 S. Ct. 2371, 132 L. Ed. 2d 541 (1995). This requires the Court to determine whether (1) the speech is protected by the First Amendment, i.e., whether it is law- ful and not misleading (2) the government in- terest is substantial, (3) the regulation directly advances the governmental interest asserted, and (4) the regulation is no more extensive than [ *24] necessary to serve the governmental in- terest. Thompson v. Mestern States Med. Ctr., 535 U.S. 357, 367, 122 S. Ct. 1497, 152 L. Ed. 2d 563 (2002). Generally, commercial speech is "expres- sion related solely to the economic interests of the speaker and its audience" or "speech pro- posing a commercial transaction." Rubin v. Co- ors Breiving Co., 514 U.S. 476, 482, 493, 115 S. Ct, 1585, 131 L. Ecl. 2d 5-32 (1995). The Sign Code applies to both conmnercial and noncom- mercial speech, and plaintiff engages in both types of speech. In this situation, the Eleventh Circuit has applied the strict scrutiny test to evaluate the ordinance. Trussville, 458 F.3d at 1271; Solantic, 410 Fad at 1252, 1267; Cafe Erotica, 360 Fad at 1291 -92; Southlake Prop. Assocs. v. City of Morrow, 112 F341 1114, 1116 -17 (11th Cir. 1997). C. Constitutionality: Under the strict scrutiny standard, a content based ordinance impacting noncommercial speech is constitutional only if it constitutes the least restrictive means of advancing a compel- ling government interest. Trussville, 458 F.3d at 12 9. irre County has the nuraen or proving u 1 Weill No. 1 -17K u .;iS Y 28. 2)7J9 P= 1j,e P =e 91 Q13 the constitutionality of its conduct, and there is a presumption that a content -based ordinance is not constitutional. Playboy, 529 U.S. at 816 -17. The Court finds that [ *25] the portions of the Collier County Sign Code at issue here are not narrowly tailored to accomplish the Coun- ty's asserted interests in aesthetics, traffic safe- ty, and economic growth, and that such inter- ests are not sufficiently compelling to justify the content -based restrictions. While aesthetics, traffic safety, and economic growth are sub- stantial government interests, they have not been found to be compelling governmental in- terests when used to justify content -based re- strictions. Solantic, 410 F.3d at 1267; Dimmitt, 985 F. 2d at 1569 -70. The Sign Code's reliance on these factors is superficial at best, and are not tailored to accomplish the County's asserted interests. For example, it is at best unclear how allowing a taxicab or a delivery truck to have signs with moving parts contributes to safety and aesthetics but disallowing plaintiffs vehi- cles furthers such concerns. Therefore, the Court concludes that plaintiff is substantially likely to prevail in its claim that the Collier County Sign Code provisions at issue in this case are unconstitutional. 7 Plaintiff also asserts that the Sign Code is overbroad and vague. In light of the Court's findings above that plaintiff is substantially [ *26] likely to prevail on at least one ground, it is unnecessary to ad- dress the other constitutional challenges. V. The remaining three elements necessary for a preliminary injunction have also been satis- fied by plaintiff. A. Substantial Threat of Irreparable Injury if Relief Denied: "The loss of First Aniendnrent freedoms, for even minimal periods of time, unquestionablv constitutes irreparable injury." Trussville, 458 ?008 U.S. Dist. LEXIS 10637. * F. 3d at 1272 (quoting Elrod v. Burns, 427 (_'.S. 347, 373, 96 S. Ct. 2673, 49 L. Ed. 2d 547 (1976)(plurality opinion)). Despite this, a viola- tion of the First Amendment does not automati- cally require a tiding of irreparable injury en- titling plaintiff to a preliminary injunction. Trussville, 458 Fad at 1272. In this case, the injury suffered by plaintiff constitutes a direct penalization, as opposed to incidental inhibition of First Amendment rights, and cannot be fully cured by the award of money damages. Ac- cording, plaintiff has satisfied this factor. B. Injury Outweighs Potential Injury if Re- lief Granted: The injury to plaintiff outweighs whatever damage the preliminary injunction may cause the County. As noted in Trussville, 458 Fad at 1272, "even a temporary infringement of First Amendment rights constitutes [1'27] a serious and substantial injury, and the city has no le- gitimate interest in enforcing an unconstitu- tional ordinance." The County is not left with- out rules of traffic safety, since state statutes cover that area. See, e.g., FI.A. ST .=i T. §S 479.01, et seq., 316.077. Plaintili' has satisfied this factor. J.�\ ti s�Pa�:l' +f Vl J C. Lack of harm or Disservice to Public In- terest: The public has no interest in enforcing an unconstitutional ordinance, and thus a prelimi- nary injunction is not adverse to the public in- terest. Trits,cville, 458 F3d at 1272. Thus, plaintiff has satisfied this factor. Accordingly, it is now Plaintiffs Motion for Preliminary Injunc- tion (Doc. 9 12) is GRANTED as to Sections 5.06.01, 5.06.05, 5.06.06, and 5.06.07, and is DENIED as to Sections 5.06.02, 5.06.03, and 5.06.04. A preliminary injunction will enter by separate document. DONE AND ORDERED at Fort Myers, Florida. this 13th day of February, 2008. /s/ John E. Steele JOHN E. STEELE United States District Judge Benda l.u;n fro. 17K J °'ly ?8. '009 Page 15 o`1 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SEC. 1.08.02 DEFINITIONS FOR SIGNS; CHAPTER 2 — ZONING DISTRICTS AND USES, INCLUDING SEC. 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.26 GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT (GGPPOCO) -- SPECIAL CONDITIONS FOR THE PROPERTIES ABUTTING GOLDEN GATE PARKWAY EAST OF SANTA BARBARA BOULEVARD AS REFERENCED IN THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL DISTRICT MAP (MAP 2) OF THE GOLDEN GATE AREA MASTER PLAN, SEC. 4.02.37 DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), SEC. 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENTS WITHIN C -1 THROUGH C -3 ZONING DISTRICTS, SEC. 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT, SEC. 4.08.07 SRA DESIGNATION; CHAPTER 5 — SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SEC. 5.04.05 TEMPORARY EVENTS, SEC. 5.05.05 AUTOMOBILE SERVICE STATIONS, SEC. 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SEC. 5.06.00 SIGNS, SEC. 5.06.01 GENERALLY,,' SEC. 5.06.02 PERMITTED SIGNS, V EC. 5. V6. ^v3 DEVL L-V PIx1E "�T STANDARDS F r SIGNS, SEC. 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SEC. 5.06.05 SIGNS EXEMPT FROM THESE REGULATIONS, SEC. 5.06.06 PROHIBITED SIGNS, SEC. 5.06.07 ENFORCEMENT; ADDING SEC. 5.06.08 SIGN Page 1 of 88 Words r6-ae' are deleted, words underlined are added 1:108 Amend the LDC\Sign Code1CAO's OrdinancelA Sign Code Ordinance (071409).doc i'K Y VARIANCES; ADDING SEC. 5.06.09 NONCONFORMING SIGNS; ADDING SEC. 5.06.10 REMOVAL OF PROHIBITED AND ABANDONED SIGNS, ADDING SEC. 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS; CHAPTER 9 VARIATIONS FROM CODE REQUIREMENTS INCLUDING SEC, 9.03.03 TYPES OF NONCONFORMITIES, SEC. 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER 10 APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES, INCLUDING SEC. 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS; SECTION FOUR, CONFLICT AND SEVERABILI T Y; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier Coui ty Board of .County Commissioners lers (Board) I on June 22, 2004, adopted Ordinance No. 04 -41, which , Cptr'-.c1, lcd and superseded Ordinance No. .ni 1 -1 v2, as amended, ti 1 Collier County Land Development Code, which had an effective date of October 18, 2004; and HERE _cz thn- L C �" not tb_e ennnd .J mnrn Oka s. t.^ 1i.....,.. �i \`I , 1 DV 1li�r llVl IJV CAlit�{1\.le\A IIIVI I, lI 1C.i11 IVYV llll��iJ in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the amendment to the LDC for the calendar year 2008; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and Page 2 of 88 Words stmok 4,ir-eugh are deleted, words underlined are added I: \08 Amend the LDC%Sign CodeICAC's OrdinancetiA Sign Code Ordinance (071409).doc r -,n A I utc, >?_ii iO3 WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearings on June 2, 2009 and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 ("1), Florida Statutes; and WHEREAS, this Ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS; this Ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act "), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Section 163.3202(1). Fla. Stat., mandates that Collier County Pate 3 of 88 Words stfHel, t4eAg are deleted, words underlined are added 1308 Amend the LDC\Sign Code1CAO's OrdinancelA Sign Code Ordinance (07 1409).doc pi K adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. vn January iv, 1989, COilier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Dial i or "CivIP� j as it's Cvi,prehcn5lVe piaiii pursuant to the requirements of Sec. 163.3161 of seq., Fla. Stat., and Rule 9J -5 F.A.C. 7 C"`....i; n -n '1 G? �'I Cl, .la \ /..\ CI.. St m.,...Jat c ,. Secii4,i ,- 44..�,v �i)Lc4�, Fla. vi4i., ,i,Qi,4G.iiGJ comprehensive pian, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land deveiopment regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Pare 4 of 88 Words are deleted, words underlined are added 1_`08 Amend the LDC \Sign Code \CAD's OrdinancelA Sign code Ordinance (071409).doo Agenda �!errj No. 1,7K 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91 -102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public _. interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, cornnfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance Page 5 of 88 Words s€pdek4hreugh are deleted, words underlined are added 1:148 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc with the provisions of the Collier County Comprehensive Plan; Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Crrrtinn 1 nft n2 Definitions, of Orddin -mnrr -,c n4_t�1 as amended, the Collier ('nitn}ir I and y Development Code, is hereby amended to read as follows: 1.08.02 Definitions igp: enY_s +;:6JGtUFen daViGe, _yehia-ln 2dVeF}i ninon+ nriVe Ftj inn deyire nr Visual j atte R tit7tt 7t -N'F .. :�9�r rn' rn ' and rmhnlrc r, rie r#t er c figures, illus#atiqRS OF faFmc painted nr ethei-Nise affixed to attrgnt the atten }inn n nStFU,GtUFe eF deViGe the -prirm n Qny pa -pe e of NGh is +n bGFder illuminate, u an rimrate Gr •-_t a visual reseRtatinn H^.W&Ver ihi d finitiGR Gl @e .. ;sr�vfl e ci- by-2 !?y rG G U Ft 8 r �vi' n + a- 3f --a-- v^- 8t=8 FBi �d{..,..+'^' }�and tF #ir.�sieti as, ep the py,_{rr,__ qse of FemGyai signs alsq iryr•I, ode all cure SttCettXteS. J.' f "� f """ c ARY SlgR GF Siq StF6GtUFe expFessly iRsstalied f9F the QUF1319Ge of affivinn n i�n tadhinh hears n�nR� ncgpl/�r�r ^Rrs,.eGUti e al,S 9 !lr(�' nr fnr peF49d -Gf 90 moons �Aive days e plays t E? , n er le yS r nr n 4. 41ai ntiyi y nGep;- .eted nn the cite• nr wl-; -Gh t:yF,{_}L, (nh of -rri t o a{nr c -h cn vnc ilegible nr nenrht GG: nr, is in o displayi--ig "a al_. _ lease" _ __ __ GF .7"PYT'� rS'r Ti T do Rot ideritifi, Pa#r-rq -' -4aF -,r 9dUGt, senviGe, OF faGiii}�i '"yp, a` GgrvVyc � {�r- -i Sinn t h'nh rnntainc eF uses fnr irrlrlcniinatinn ane light , kghting G112RgA- vc)l'Gr, f--rig yr, r al - �lterz;ate; or rhaRge anpo_nrnnne of saki Sinn nr g @4 theF--Gf autematiGallyi LSigR _{�,,., G Rtta.in nGyinn saris as nartGfiiG nnr s Gh rnt9t'inn signs Shall �:�'e� -G nside..re-.1 aq a.^tiyatad "G.igR. (Cee nntien C gp 4yerisi g.- n sign r Fe tine #entinn to a bu sc Gem R dity ne're nr �r�r- r-+ ccrvd��r7�T�Jr` Jr�r, T+. J�.'., f_ r�- �+dr�9'- '- `'- rr�t-rrg--a�jcr ^�.{. .. .. G'fr�as-- ,-vc'.'�r+rrr v'�'rxj,-$areie. -c�-ar erne'te#a lT(t� -(j OGl'l'GIUGtC�:f, S GId - G.-"nCrfrviF. =- ,�4t14 --r n'i'�G.n�rn�rumis S'J'-O n-�a# PT eMiSeSS. (See SjT 1%e f' s I r S i gtn ntinl hnrncrem nt to cin�} hjS} rhnll nom,; in -T-Aie YSyy^^Cyy(LT Ctt^^L TTC..TTivTr 2 e, F J- : f ^iron' nnirn nfen<, 4en�' Sinn VVhigh iR G!uGled GtiGR, '-i3' R, or tl e-{}q#caLtdu'si,aR-af Fade 5 of 88 Words se e r g are deleted, words underlined are added L \08 Amend the LDC \Sign Code \CAD's OrdinancelA Sign Code Ordinance (071409).doc "-mda :Tern No. 17K A,z July '�8' 2ICK19 F'a o e 211 of I r, 3 . . ...... . .. ----------- N 0- ININ-0-7- MIZOWN AM"Imp."- 9"M MMMI ............. Ii OWN-- WER W-.' ... ... 4AW MMMM, �kmwwrm— -;O� SigPT-Gon-strVGtiOr-�-.Sigt4:-XSigR eFec;ted at a buildii. i -s+i hat-,'J�plays the Rame-taf the pF9j8Gt and ideRtifies the GWRer, aFGh4&Gt, eRgiR er, general GeRtraGtE)F, fiRaFiGia4 iR44AGPIS and ether f4rms iRvelved vAth the desi R GF GGRGtFUGti9R 9f the FqjqGt. rp- 2mr- 50"MY, . .. . ...... I M-1611 . .......... .Hn N AN i i'M I MM I Zz— IMMM.—MM-tult" p.may.-M MIM ...... I'M �18 Page 7 of 88 Words are deleted, words underlined are added v 1:108 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc J,Jy 2.�?. 713,oe N, I C . . . . . . . . .... ... LL - Mr. . . . . . . . . . . . . . . . SigR, gr-GuRei raka mei3umeRt sigrf44-.-A--eR-,---4ght (8) ft, in height 9F lower WhiGh is +qdepeRdentl E)f suppG4 fFgm aRy b6ii'diRg, that is PIE)URted GR fFeestandiRg PGISG gr qtheF suppGr-ts, and shall iRGlude-a-po4e-GGve—that is betwee fifty (50) P9FGeRt Ad A-pe huRdFed (100) peFGeRt Of the Gv--Fall sig R Width. Sigp, hGAday An GFRate em.belliShMeRt p!aE;ed speGifiGally fGF the puppese of GelebF@tiRg a sper.;;;G holiday, heliday eVeRt OF h9lid2y seasGR. Son, 4ePtW4Ga4G,'4-'-A,-SiqR WhiGh GGRtaiRS Re adve4ising but is limited te the Rame, adGlFeSS, and Rumber of a bud dine *RStit6Iti9R, ep peF-seR and the nativity GaFF;ed GR iR the bUildiRg, iRStdtUt;GR, 9F the GGC-UpatigR ef the pePS19R. (96e 68Gti(DR 5.06.90.) of 4 AR ill, Fir sign is gne-WhiGh eithleF� (2) Pr9ViGIBS aRIPG'ai light thF@Ugh---)(j�ed bulbs, su4aGe; (b) emits 4--fat �enit E)F ��ateF4 IF-Dm B SGHFGe WithiR ti .P. "-.,-,,a 'ie vi gn; 9F ....... SigP, iRffatabiC-.-' -.AIRY Gl�eGt R;ade of plastiG, s imilap matepial that, wheR iRflated with gas c)F ai;--,�- sents, adveFtises, G� Gthe;Avise dF-aws atteRtiOR t produGI, reR'iGe, OF aGtiVity. (See SeGtiGR 5.96.09-� Si,PPI SiqR Which is attaGhed te a mansapd style FGGf with4h--4aGe papallel te the stFuGtupe te- 1.4.4mir--h it is atta,3hed and whiGh Glees Rat PFGjeGt mGFe than-1-9 jRGhes fFer4; SUGh StFUGWFe, 9F abeve rgefline. Mapsapd g;gRs shall be G9R-side vvatl4g-ns-- 4�ee--8eGtkap 5.06.00.) zS�gp; P4arq�ee.- (See Am� g s gt4.) (See seGtien S peptA deta ed tp;-alGqt;RiR- -le-Ments S61Gh a �g y-j @1 - 4--se an a GigR GabjRet 9GGUPY;n.g at, least IwG thiFd-- of-t#--t-�ata-l-siqr, a aa.-r"-Sac- uFqw4t-I siGp) (See seGtiGF; 5.96 .00) Srg�, RqRG-q4t-=,— Sinn in exiSteRGe Within (;GllieP 'QGURtV 9R pia`. 97 1 -4 whiGh by its height, a,:ea, lGGati9R, cJSe GF StFUEAupal -&LIPPGFt d9eS RGI GGRTGRM 'G C-f this cede. This defit-�Jtk)R shall R-3t dp Page IS of 88 Words struuk tftfo�t are &Ieled, words underiined are added MOS Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc L,ndn Item No. I'K ju 1 y 28. 21009 Pa,i- 23 of 1 A M., rr T.MIZr_vrr.I.T._.". M T�w Mall WE& J� M T _W M : V'_ T.'v=J=MZ"ZI. ARM MEMO Off.-M-2=21 - Me. IRA ................ ITI __91MMIRM Words- are deleted, words w)derlined are added 1:\03 Amend the LDC\Sjgn Code\CAO's Ordinance\A Sign Code Ordinance (071409)-doc "T "D29 display su4aGe is eFieRte4--4,,See SeGtiGR S�F, F,9GF-,- ARY sign eperted, GORStr6lGted1 Gr maiRtaiRed eitheF an the F99f, GF MGFe than 18 inehes abeve the peof E)f aRy buRdiRg. (See SeGtiGR 5. 6.G&.4 A At ,Sigp, safe4,� sigR used only foF the pup,--e ef ideRtify.--I--.d ..aFRiRg of danger, OF pGtential hazards. (See SeGtl9R 5. 6-.04.4 Sign, si4oe.- A GigR rR2de Gf aRy mateFial and attaGhed t9 @ Utikty pole, tFee, feRGe pest, stake, StiGk, mailbox, Ew aRy similap GbjeGt. (See seGt;GR 5.96.9Q.) S4P,. SPOG4 PUFPO&9.- DiFeGtieRal, safety, and GtheF SiqRS Of a R@RGGMMPFGiA1 Ra#4-3. (Se- e SeGtigR 5 0&404, S4n StFUGtI4r-e,.- ARy struGtur-e whiGh suppepts E)p is rapable ef suppeftiRg any sigR7 Said defiRitien Sh@11 RE)t iRG161de 2 b6lildiRg tL- WhiGh a SigR is att e SqGtiqR S4R, tram 3P9FaF)q A SigR jRteRded to advertise GGFRMURity OFF P;:G]eGtS, GE)RStFHGtiGR pF9jeGtS, 9F etheF SpeGial eVeRtS GR a temporary basis, fGF a deGiqRated peFied E)f tirne. (See seGti9R 5.96.09.) Ginn U rain- A Sig.q deSGPibiRg a 'aFR; where the GUS GM9F PiGks GF PUFGhases PFGdUGe diFeGfly 49M the pFepaises GR WhiGh they aFe gF9WR 9F PPGdUGed. (See seGtieR. 5.Q6.gg') ", S�gn V,&4aped.- Twe SiRgle faGe #9eSt@RdiRq SigRG that aFe GGRGtFwGted iR the faR:R of a V" WheR viewed from abeve, ppevided the iRteMal aRgle at the apex is n-at R;G�e thaR 9P degFeees, and the twe tEaces ape not separated by mepe than -;;x ipr.hes at the apex and diSplayiRg the same Gepy GIR beth f@GE?S. (See 69GtiOR 5.96.004 ,Sigi4T--vehiGk.--. Any sign @#ixed IG a vehiGie GtheF thaR a ider4.4G@tiGR �eGL44ed f9r 2GGeSS tG FeStFiGted par-K!Pq areas, a lege- tFademaFk, GF serviGe mark- (See seGltieR 6.96.09.) -pet,- A sign affixed in a R;aRReF to aRy extepieF wall of -a ;s papalle! '- --I -- IV --J-GIIS Rot e 'thaR 119 iRGH-es 14@i4; Fhn I t tv Ct, 1 tzt j bi-lilding 9r StPUGtY all, @Rd ;Afhlig-h Ret thaR 48 ing-hes above, the re9f liRe ef the main buildiRg @r- fpem the n,-,in±.iqineFq the F'GGf HRe iRteFSeGtS she parape W@11 GR WhiGh the SigR iS 19 e-d-1, FeStFjGtiVe. (See SeGtiGR 9.99.QLP) Si , A4R4.' ARY sig44�di-Sp�a�RG!UdiRg,--b�4t-RGt-4imited tG, flagc,�' GPS�-, baRReFS, stpeapAe-s, and. r7etatiRg deviGeS, faStened iR SUGh a F-aRReF to rneve upen being Sr bje PFe-,G UF8 by VViRd G-P Shall RG)t iP.Gk4de 9fflGial fiags, emblems, !PSI-nla, eF DeRRaRtS efaRy FeligiGUS, edUG �-�fic�Ra�-state, GF subgdliviGi wee seGti9R 5.9&-00-� ��49w.- A WiRdew SigR WhiGh is painted r3R, attaGhed to GF visible thFeHgh a W ---A—,eXG!WdiRg displays of me,,Ghandise, and-sha4-not-exce 25 pefG�ant-� -F leVel i9t'ai WiRdGW aP6,-- in the SaMe VeftiGai MiaRe att i4h--- S-2-M-841-9 F leVel - the s;,-4-- of the (See SeGtiGR 5.06--- i gi-i 2.03.06 Planned Unit Development Districts Page 10 of 88 Words are deleted, words underlined are added [:108 Amend the LDC%Sign Code\CAO's OrdinanceA Sign Code Ordinance (071409).doc 11 1 1 Agenda Item No. 17K july 28, t'1909 Parle 215 Of 103 G. Residential Mixed Use Neighborhood Center PUD Design Criteria. 8. Sign Types & Definitions shall be as provided for in section 5.D6.DO the Collier County Sign Code. S. Sigma �e& DefiRitiORS-. a. Pe Ritiaf;s. i. SandMGh boaFda A paFtable GigR GOFnpr4sed of 2 sigR els hinged together- at the tep. F4ag Banpe,�s7 FabFiG panels hangiRg ftam E)F stp-- �- betweeR braGkets pFpjeGt;Rq fpem light pG!es.- b. Permitted Sip Types. h , 11 signs shall be iR GGMpkaRGe with SeGtien 5.96.QG of the Code, exGept as fE)IIE)ws--. H. Aw�g gigns, 1R additieR te aRy ethep GiqR allewed by this Cede. The fFaRt vertiGal GIFip of aR aWRiRg may be steRGiled with lefteF eF gmphiGs. A 10 pen Glear area bE)FdeF is FeqUiFed on all 4 sides of the fFgRt veFtiGal dFo- PFp�eGt EptFaRGe Signs. TWe gF96[Rd 9p wall sips shall be at the maiR entFaRGe tG the GlevelepmeRt With a maximum ght of 6 fe-et subjeGt te the feliewiRg FequipeMeRts- shall GGRtaiR @Rly the name af the development, the iRSI'G, Ria 9F Fnette of th-e devel9pment and 'qshalll not r--eptain prGp;9tier;a! 9F C. mateFiaf- b) The sips shall be lim4ed to 60 squaFe feet ef sign area C-@Gh @Rd shall RGt 6XGeed th8 h ight OF leRgth ef the wall UPOR WhiGh it is !GGated. h- wall sii-�Gsha4-maintain a teR fe-qt hL� from any pFoper-ty line unless plaeed on-a'wa4-s-ubjeGt to the restrictions set forth !a - the SeGfien 5.06.00 ef the Gode. G. ResideRtial and Neighberh.eGd AmeRity SigRS. QRS gFOURd SigR shal' be alIGINed fC?r 9GIGH FeSideRtiaItpaGt, paFeaPat--,amer#)F� maximum height Gf 4 feet subjeGtZ- the flellevor—g i-ee-jum-e-ments. i. The SiqR shall Gent .in only the name of the FBSidepifial ne*ghbGFh9qd and the ipsignia. Page 11 of 88 Words si aci< tip Ugh are deleted, words underlined are added MOB Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc Fri D. I Whim .... . ..... MMI.M.W3 -e- d. SandwiGh beards are peFmi I the abgve 0FG6IRd f199F, 9R9 paw, ishmeRt-,449t to exGeed 9 square feet of sign area- in @Rd- Shall 9RlY be 4ispk_—ed dUFiRg b6ISiRL-SS hGUFs, (maxima Y fac;es at 6 sq. feet eaGh). .......... . ......... rVar-Mr.1tu� 12=27"TIME W.M.1m F_%; 7-1mr.wo WN W ii— T4;,ep�, fq9t pele 20 sq. ft. maximum (2 f2GeS at 29 squaF f---t eaGh) 7�4�, fqGt paie ^6 sn . ft. maximum (2 ,'aGeS at K)---�uai:e feet eaGh) Sa FRt Bann Vertical 9F h9FiZGRtal ese Rd�9F -S3Ga es aers. ,Mrl H pa;:iels that m2y e attaGhed to desipated f�)4LiFes leGat %.AA+. lim the pr ect at the time 9-fr site develepme:.:# plaR S6ibMiSSk)R. The _44U�eS fGr SUGh PaReIS shall R 61 Pq eF Gf Gl-SigRGIted ; PT:U_W_14ar,ate in paFGells at" a ratio of InG, and are- restricted to applic-z-ation wit-144-4he ce......-mial lgGatiens PFehih4lted S'-g-R ;.y t,--. PqFtable 9r moN ips ex ept sandwj'Gh bGaFds. 4,-----PFGjaGtiRq Gr PGle S 9+ 6 iv. FluGFeSGeRt i GNG-rS- ),n ,.n7 — verlay vide F Golden Gate Parkway Professional Office Commercial Overlay "GGPPOCO". Paae 12 of 88 Words are deleted, words underlined are added [-\08 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (0711409).doc in nda lien ,No. ? 7 K Judy 28. 20'J9 a a e 2' 7 of I `3, 1. The provisions of the "GGPPOCO" district are intended to provide Golden Gate City with a viable professional office commercial district. The professional office commercial district has two (2) purposes. (1), to serve as a bonafide entry way into Golden Gate City. (2), to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development which minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential districts. 2. These regulations apply to properties north and south of Golden Gate Parkway, starting at Santa Barbara Boulevard and extending eastward to 52nd Terrnrno C 1111 in Golden Gate City as measured perpendicularly IwVV V.Y V. I1 VI f1 Gt {L �!! from the abutting right -of -way for a distance of approximately 3,600 feet more or less and consisting of approximately 20.84 acres. These properties are identified on Map two (2) of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories. 3. * # For signage to be located along the Golden Gate Parkway, see sections 5.06.00 the Collier County Sign Code and the Golden Gate Master Plan. k k k * * * * # 4.02.26 Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO)-- Special Conditions for the Properties Abutting Golden Gate Parkway East of Santa Barbara Boulevard as Referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan H. €-aGh PFGjGGt Shall be limited te 4 SiqR Rot to eXGeed 29 squaFe feet and 6 feet iR s.4a"e- 1eseted at a ;:RiRiR;UP; 15 (45) feet #GM the right 9f way. Wall, R;ansaFd, GaRGPY OF . F=XGeO r f-t , S o the -cam estr-ictiGns are Signage permitted in this overlay shall be restricted to those signs permitted under section 5.06.00 the Collier County Sign Code. (igRs exempt frr Pe_FT 4.02.37 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO) A. Development criteria. The following standards shall apply to all uses in this overlay district. Where specific development criteria and standards also exist in the Golden Gate Area Master Plan, or the Future Land Use Element of the Page 13 of 88 Words sue- are deleted, words underlined are added ;:108 Amend the LDC \Sign Code\CAO'S Ordlnance'4A Sign Code Ordinance (071409).doc K Growth Management Plan, these standards shall supersede any less stringent requirement or place additional requirements on development. 19. Signage. As required, allowed, or prohibited in section 5.06.00 of the Code, eXGept as SP9Gified beiowi a. I-k SiRgle eX4eFRal Wall SigR may be applied to both the #9Rt and FeaF ifaGadeS G)f thE? b6lildiRg provided that it Shall ROt eXGeed 2 fee in vet This wall SigR(S) shall nat exGead 80% of the Width 9' ; the WRit(S) 49 Ithe buiidiRg OGG64pied a b6lSiReSS with a ar • ef MiRiRILJM 9f URit(S).- PeFGeRt GleaF aFea 9R eash eute-F edge me 11002MIRV0�2 �=I :=C. sig_R�s) shall eRly be PeFRIitted OR the fiFSt fiGGF of _u buildipg- of the extema' wall siqR(s) PeFFni#ed R paF@gFaph "a." abeve. le V8-t'Gal dFip of an aWRiRg thaq 8 iRG-1-196 1- keiwght @Rd may be SteRGiled shall R9t eXGeed With letteFs 1�3 Gf the Re mGpe leRgth of the GaRepy. 9 igR shall be limitted to the -;Pst flee 61ndeP GaRepy 9F SigR shall be Fequir-ed G. IIR additiGR, aR PPGjeGti9R t9, liMited W, the 19USiRess-40 Gated on the first flOOF. SUGh and S!gRs shall. A..et e_xq_e9d 6 squaFe feet, shall Ret mA-re than 4 feet f;, the bLlildiRg OR WhiGh --!eV@!E?g MIRIMUM ef b feet above PP9jeGt it is attaGhed, and aRNI shall way and ;G a G", feet peaestRaR u. d—S gle—op—mu-Itiptle -2-GelS i.=,I?t of a3 Wh@F-a +th8Fe shall be allewed is UJOUble 3 sigps, but 9R a P;Ib!aC- -F suG . h sly s_s- . hall Ro be pIaGed . oR eR � all, and-S-hall be 4FRited tG the44t,st-flo,sF -aRty-. e. -Rs-useed Gn tr�apy4aGade GR the rear faGade Gft�le b6tiidillgli. shaJ-4ts,-be similaply ppov�dezd f. QqG ideRtifiGati-I S._' m.ay _b-_-p4:_-\4ded feF a SeG9Rd flG9F SY sigp. shall unlit h_ Pe' Rqi#ed in flam =mr- yard and shall ._-%.'e R; SetbaG -24 squaFe4e=_-t-iR-size and 4 feet in il-feight. The GRIly ;,-14 and add,,ess-. I-,- C,Gmer-4t�lt--::,-ari-d t1lrough I— Shall rho hr ri 11—TI -I U- g. E;),,teFR@l SigRS S�all RGt be tF2R eRt, but may be eAeFRally !it 9F 1--aGklit. b N G C. R101 ea,=.nrAinHur tin #inV Shull ho nl�rn�_�nn . Pane 14 of 88 Wuids, st4,+iEk t4ougl are deleted, words underlined are added i \08 Amend the LDCISign Code\CAO's Ordin2nce\A Sign Code Ordinance (071409).doc 4 v'J!y LS. 2` . "19 ^age !_✓ 'JI 1, E03 4.02.38 Specific Design Criteria for Mixed Use Development within C -1 through C -3 Zoning Districts C. Commerc;al A ;xed Use Design Criteria. Projects utilizing the Commercial Mixed Use option within a C -1, C -2, or C-3 Zoning District shall comply with the following standards and criteria. t J. Sign Types & Definitions shall be as provided for in section 5.06.00 the Collier County Sign Code. ..,. e. b. - -- ee4s -44apgf .ems bFaGketS 4-1 } -pa{as 2. P-errnitted CigR " -YPe-� a. All skjRs- sJ4afl -be-i er4pliaRGG With SeG the _ , «. e-xs--,-' as feilews: Page 15 of 88 Words str-ec4c k ,— are deleted, words underlined are added 1:108 Amend the LDC\Sign CodetCAO's Ordinance\A Sign Code Ordinance (071409).doc I r K k i 2, 9 7' r � 3 PNO i -The sips Sh2ll GGRtaiR E)Riy the name Gf the dew eiepment, the iRSigRia OF Mete of the deveIGPFReR and—,#a4l-not GORtajR premGtienal G,, Gales mateFial- RIM SM-M .... ....... TV rr mar-,". 1.112=2 H. The gFound 9F wall sign s�;ali be knited --,G 30 squaFe fe of Sinn ;-RFea and not eXGeed the hei,-ht 9f the !eR-,=th ft4e wall up-Gp. whi Gh is s 1 sign s LTaq#a4R a !C)--fGGt S @Gk fFem an PFGper4y lino URIeSS piac;ed G�; a Wall SUbj8Gt to the- FestFiGtincps-set forth -in- the- C-odem� ��= a i ---po4e 15-sq. . maxim ii. 29 font pele -29 sq. #. —aximufn42-faces at 29 sGuaFe fee Page 16 of 88 Words stFuc- are deleted, words underlined are added 1:\08 Amend the LDC\Sign Code\CAO's OrdinanceA Sign Code Ordinance (1071409).doc . ......... PNO i -The sips Sh2ll GGRtaiR E)Riy the name Gf the dew eiepment, the iRSigRia OF Mete of the deveIGPFReR and—,#a4l-not GORtajR premGtienal G,, Gales mateFial- RIM SM-M .... ....... TV rr mar-,". 1.112=2 H. The gFound 9F wall sign s�;ali be knited --,G 30 squaFe fe of Sinn ;-RFea and not eXGeed the hei,-ht 9f the !eR-,=th ft4e wall up-Gp. whi Gh is s 1 sign s LTaq#a4R a !C)--fGGt S @Gk fFem an PFGper4y lino URIeSS piac;ed G�; a Wall SUbj8Gt to the- FestFiGtincps-set forth -in- the- C-odem� ��= a i ---po4e 15-sq. . maxim ii. 29 font pele -29 sq. #. —aximufn42-faces at 29 sGuaFe fee Page 16 of 88 Words stFuc- are deleted, words underlined are added 1:\08 Amend the LDC\Sign Code\CAO's OrdinanceA Sign Code Ordinance (1071409).doc - i...i.,:? H. 30--fGat pele 36 sq. #. maximum (2 faG96 at 36 squaFe e eaGh) i the h" se Gti9RS of the pFejeG+ - pr�v�cvr. 3. Prn�lted Si R Types b. Q# Site Gi RS. b^__Dr9je GfiRg nr Dnle c+innn 4.06.05 General Landscaping Requirements 1. Location requirements for signage adjacent to landscape buffer. 1. Signage located within/adjacent to landscape buffer area. All trees and shrubs located within landscape buffer shall be located so as not to block the view of signage as shown in Figure 4.06.05 H. below, Signage adjacent to landscape buffer. Sign locations shall be shown on the landscape plan and 100 square feet of landscaping shall be provided as required by section 5.06,01. Where sp Men trams exist, the signage SeGt!GR 5.96.00 Of this e raniFeq i-rc�uiFed- plantiRgs shall pFG9FeGS iR hoinht away #OM the street. 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component x x + x x * x x x * x x 7. Signs. The neighborhood village center shall adhere to section 5.06.00 of this LDC, the Collier County Sign Code. , y�� pole signs aFe ppel:libited, SigRs shall be desigped so that pede t n G,Fit Rt d N a�.. �'tri-a rY o r�rrC°.'cr x * * z Page 17 of 88 Words sw- ack-t4eugh are deleted, words underlined are added 1:108 Amend the LDC1Sign Code\CAO's OrdinanceiA Sign Code Ordinance (071409).doc i o. 4.08.07 SRA Designation J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in §§ 163.3177 (11), F.S. and Chapter 9J- 5.006(5)(1), F.A.C.. The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form. of SRA may only be exceeded through the density blending process as set forth in density and Intensity blending provision of the lmmokalee Area (Vaster Plan or through the affordable housing density Bonus as referenced in the density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation ,-eview and approval process. 2. Town Design Criteria. d. Context Zones. Context Zones are intended to guide the location of uses and their intensity and diversity within a Town, and provide for the establishment of the urban to rural continuum. Town Core. The Town Core shall be the civic center of a Town. It is the most dense and diverse zone, with a full range of uses within walking distance. The Core shall be a primary pedestrian zone with buildings positioned near the right -of -way, wide sidewalks shall be shaded through streetscape planting, awnings and other architectural elements. Parking shall be provided street d off street a vii 5u cct and vii Su cci in the rear of buildings within lots or parking structures, Signage shall be pedestrian scale and designed to iSCiiN, riie Ct f le building architecture, The following :.;.,Siyfl criteria shall apply within the Town Core, with the exception of civic or institutional buildings, which shall not be subject to the building height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards set forth in the SRA development Document and approved by the BCC that address the perspective of these buildings' creating focal points, terminating vistas and significant community landmarks. Pane 18 of 88 Words stFuek-through are deleted, words underlined are added 1: \08 Amend the LDC \Sign Code�CAO's OrdinancelA Sign Code Ordinance (07 i409).doc --ids 7 �-:-n 1'�c. l-,'K 1 ; 1 2J)"9 c1l General signage standards. Signage requirements shall be as provided for in section 5.06.00, the "Collier County Sign Code." q) GeReFal SigRage standaFds, i) SigRage desip shall be Ga Fefy 1 ly TT ;RtegFated with site and bulldiRg design tG GF9ate a HRified appeaFaRGe-foF the total pFepe#y-. ii) SiqRS shall be iRstalled iR a 19GatiE)R that MiRiMiZeS GGRfliGtS With WiRdGWG 9 etheF a iteGtuFal featUFeS Of the buildiRg. iii) Signs which GFeate visual GlutteF Gr WhiGh We& the view of si- adjaGeRt PFE)perty shall REA be peFMitted. iv) GFeatiVity iR the deSigR 9f GiORS �is eRGGu�,aqed in apdeF ,lG emphasize 'the 44niqU9 Ghaf-a�e;-of-the--&RX 14EMIMMEWS. 7-- Q0 =IM Page 19 of 88 Words are deleted, words underlined are added 1:\08 Amend the LDC\Sign Code\CAO's OrdinanceA Sign Code Ordinance (071409).doc MateFiak SigRS Shall b E? GGRStPUGt9d of TbdR;uhaFe ta eb1r9ie aR l9 P . ntaetRe:R F iaas p pseuaitraabRG9 t90 f thhe e SigR tsyhpa - tie -a FnajsoGORSideFatiGn iR the se!eGtiGR 9 l l X) Qelc)� The Ga!GF of sigHs shall be GOmpatible with the r. P4--stoe .9f the buildiRg to whiGh they ape a#aGhed 9F ethepNoss asE;G-Giated. rlr -hz fGI'GWiRg GigP, t�'PeG Shall '.,e i) Wall A, Simm !=ffim=rL-,cfiFeGt!y tG OF PaiRt9ff 'IC), -f diFeGtly G—n=er all oF feRGa7 9 FaG 10.4dith x 255Maxim GgaFa ad . . - ii) PF9jeGtiRq ARY SjgR WhiGh P;:GjeGtS fFGM and is suppoFted by a wall ef a buildiRg with the diSplay Gf the SigR PeFpeRdiGU!a,, to the bu4diRg wall. MAXIMUM SigR aFea - The- -'aG@de aFGa X 45- yp to a FRaximurn of 1C) >q t. ijo—WIR A SigR affixed tG 3r- hehip.d a vl,ind-A-vr. Maximum sip aFea the aFea qf t#e wiRdew with the SigR X =20= a 4A qiRg A, GigR attac-hed to and 19Gated below aRy eaVe, aFGade, GaR9py GF a-x,;-,-,- sip aFea 2C) SGI. Pt. (twe Gf 29 Sq. Ft eaGh). -v - AwRiRg 11, GligR E)F gFaphiG atltashed te GF PFiRted GR an awRiRg. MaximHm sip a,-ea the a ea at the awnirig x .25. v4)---P--,a �-, sipv�uRted at the top -f or! b,,acketed f�Gm a VeFtiGal PGle &uppaFted-b���R4-4VIa ;r,-'Fn Sign aFE?a 24 Fsq. #, (-2 fraGes @ 12 Sq. Ft. eaGh-'- Rl— imept - 8� sign seGtA,,,ed to a base WhiGh diFeGtly UPOR the G_;�:GLIRd. MaXiMUM 9,4- F�a- 59 Sq. Ft., exGlusive of thn hasp (2 f@GeS Gf 50 S9. Ft. eaGh). Maximum �eiq~t above grade feet i) MFqee A o1, P'GEGtiRg from the ap-4N,j faGe e-f a teF OF GiRema hiGh GGRtain-s Ghangeable text W anRG61RG;E3 eVePtS. Si-gR area shall be with the the the-q-tep bUildiR(R, 44'Ri.M.H.M. hPiPht @b9V- Page 20 of 89 '\�170-rdS rowih are dieleted. Nvords underlined are added L \08 Amend the LDCISion Code\CAO's Ordinan-,.;elA Sign Code Ordinance (071409).doc, ;e? icl a item, ''0. 17 K the pGie: 46 feet pole - 15 Cn Ft max (2 #aces- at-- i- 6-- Sq— F-t—e' `ate- feet-- pc}le --�9 Cpl flff site signs. Biflbnnrds Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi- family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The interconnected street pattern is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The following design criteria shall apply within Neighborhood General: Page 21 of 83 Words sir cl: Eta are deleted, words underlined are added 1:\08 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc PC General sionacie reauirements shall be as Drovided for in section 5.0 6.00 g) GeReFal SigRage FequiremeRtS-' i) SigR AFea. The aFea Gf aRy SigR shall be the aFea qf a Feetangle which eRGIC)SeS all elemeRtS Gf the Sig-IR (eXGlUdjRq PeleS and bpaGketS) iRGIU _g all —X4, and aRy symbels Gr lones Alie e sign AFea. The allowabie sigR area (totall ef all iRdMdUal SigRS GR tha -'aGade G related to that faGade) of a F f-PrUade faGiRg a p6lbliG StFe9t 9F a papkiRg lot shall be limited to 20,14 Gf the total aFea ef the faG@de-. 4i) MouRting height: Ne part ef a s i. pFqjeC4S frp-.Pp -;4 h2t-,ildiRP Ar iS MGURted less thaR OR a pele As- eight feet abeve the grade uRless q@t iR. the-pedestriaR path- jv) HIYFAiRatiGR� signs may be illumiRated by extemal SPE)t lightiRg GF ;IIHMiRated. LightiRg Shall be desigRed and shielded sp- as lka g!aF-e - '-t- adjaGen Gf-way- cinn i) Peie -Sig-Rs !1) pef4able eF Pleb SIG_;RS eXGept sandWiGh bGards '';7\ F=12shiRg 9p animated SigRS (BY-,Gept time a tep,4 iv) SigRS With Ghang-eable teM iRGIUdiRg �1) Ma�qyee A sigR us6�.ally pF t;-, fac,e E)f a ltheateF ep G!Re!�qa WhiGh GGRta�RS Gh—a4gea419 teXt tG 2RRE)URGe eve RtS V�) B a R Rers, billoGard's is p qhibited outside of NeighlOGFhaod GGedS and S--PPGP--S�.eS-, eXGePt as ReGeSS��ithiR 9peR spaGes, par-ins— a, --pi-aighborh(o s f9r- -JiFeGtkN4a4 Page 22 of 88 Words 4-f+je-k4hreugh are deleted, words wnderlined are added 1:108 Amend the LDC\Sign Code\CAO's Ordinanz;e\A Sign Code Ordinance (071409).doc A i 'JI Ei �T f u 2 i) Wall A GigR affixed diFeGtly to an exAeFiG�F wall 9F f Ge-.-Max4mum sip aFea 24 squaFe ft. A ■ iii) WiRdew A sip affiXed tG Gr- behiRd--a window. Maximum sip aFea 200 of the area ef the . -cl-- AM!- REM"I My* I M. I • vii) SandwaGh beaFds A movable sign c3empFised @f ','WG SigR PaR816 -hi;499d togetheF at the tap. MaxhR;L4M SiOR aFea -1422 s,quaFe ft (2 faG-- 21' Signage within Neighborhood Goods and Service Zones shall be as provided for in section 5.06.00. I M-1 I I M 0 0 0. "ll, I 01-M.-Iffil ll "N. Page 23 of 88 Words st tle> g are deleted, words underlined are added lVB Amend the LDC\Sign Code\CAO's Ordinance'A Sign Code Ordinance (071409).doc HI vlg ^c •F^r �ofi��'tc� Ali bleGk the view of signs op. adjaGapt pF-Gperty c Ft �+I���n�fr�hG r�vr Q ivv}--- Grc-atiVityiR Fh^e�— ^deSigT Gf sfgRS is o r iznr�_091P of the RA. 5.04.04 Model Homes and Model Sales Centers C. All model home site plans shall adequately address the following standards: 1. Traffic circulation and safety within the site as follows: All parking spaces shall be arranged in a manner for convenient and safe access for vehicles and pedestrians. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter or exit a site_ 2. Minimum parking requirements: a. Four (4) parking spaces for the first model unit and one and one -half (1.5) spaces for each additional model unit (for dimensions see section 4.05.02 of this Code). LJ One (i) paved parl:ir,g space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier -free access to the unit (fOr dimensions, See section 4.05.07 of this Code). C. Pd! parking �g spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.0-0, and apNrovai by the County i anagQr or ck signee as follows.. a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right -of -way and the par!:ing area and a single row of hedges to screen the driveway. 4. iviodei ftorrne signs. One on- premises sign for model homes. approved in Paue 24 of 88 Vv ords are deleted, words underlined are added L\0& Arnend the LDC1Sign Code1CA0's OrdinancelA Sign Code Ordinance (07 1409).doc 1 e -2 Di ! ( coniunction with a temoorary use permit in anv zonina district not to exceed 8 feet in height and 32 square feet in size. Model home sign copy shall be limited to the model name builder's name name and address phone number, price, logo and model home. Model home signs shall not be illuminated in. any manner. No building permit is required for the sign. 45 Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. -S6. Lighting. 67. Sanitary facilities. 78. Fire protection. 89, Environmental. impacts. G 10. Stormwater management. Q 11. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.06.05 Automobile Service Stations C. Building architecture and signaae requirements. 1. Building architecture shall meet the requirements of section 5.05.08. 2. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with aas pumps. a. Window, Wall, and other signs: As allowed in Section 5.06.00 of this Code. b. All canopies may have an illuminated coroorate loco with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. c. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. d. Signage is prohibited above pas pumps. D. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. Page 25 of 88 -Words stFuck 4waug x are deleted, words underlined are added LT8 Amend the t_DC \Sign Code1CAO's Ordinance\A Sign Code Ordinance (071409).doc r, Right -of -way buffer landscaping: a. Landscaping adjacent to rights -of -way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty -five (25) feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. b. An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a Minimum average height of three (3) feet. The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms. SUBSECTION 3. —. AMENDMENTS TO SECTION 5.06.00 SIGNS Section 5.06.00 Signs, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: D M 5.06.011 Genera Ty Snti�T.i'jLlie Rt4G["f —FT sts s--Rd iTIT`4v ~v With — CrT ^..�i1YJ ar The iR iSGr-I-.R?i"" --cote eF-e -_1;on eff sinner sdegpaefes the aesh_ -1t4- _t#@-c GtiV88ReS6 31 t- he tt:z ±ci G@-mYTU�^it�- i�fy�Y -�� �t�-`�:t-tCt�G xJy-- CiT,cYC rt�ttfi�u °TC the tf� ism, yi itatinr Rd i; e pima'f'+„".t'tt_�^.`VCVI'TGRIiG gF9Wti74_ A. P_uFpase and intent Ft c the 'ntc�nt nnri ni rnn�c of this cinr• t r10 nr{ it eh-+II h� 'ntor 1 nn- rl '-t+3- p-e ele t .� t���'-�. � .. ... {�',�� n� arn-.d gbjeGtkielo v ent nlnrt C health, safety, �n�e�i�nee> ath et bs—a,-ge? ral wo IfaFe of the Gor u.ity b t r ntrnllinn inns whi� ^are intends tCv -_Cl r'nmi ini.,nt .,y. —ry %.se of-SigRS W rrG Tale: 1 ('arvmp atihle with their ci .ndin,Gs '� f1� „jnne nit: Eu:�3.e.. .Ll� it �IIy rrn 1 r}r�in m � Goer hi , 9� Apf9a Fiate -t8 t�i type 9f aGtiVit,' tG W irh Lh main -. r�r_e eRGvgn -tom? r. —rnrrc s fr'rrvl�r �rrnty . ger Gf essUpantS 9; a paFtiG6112r ,crapes T -prsd� sts -or- �f; a;! - Page 26 of 88 Words sc Eitr�ra+� are deleted, words underlined are added 1: \0E Amend the LDC \Sign Code \GAO's Ordinance\A Sign Code Ordinance (071409).doc P g 4 1 3 the pFGperty, 9F --the aGtivitieS G9RduGted OR 'the pFGperty and small eROU9 to satisfy the needs f9p regulatien. Sip 4�,Te m� - N-ffRb e ef Sips 6diewed Mlak- &l." clap - Max- Height T='L4 45eapif i�g- Let R , kdd4iona4 Requir-emeat equired 8F 14 -Sim OF S ize eai estate 4-- 4-- 44— Nli-k 6A— j -I--- I eff4o -,VCF-- I 4:es GOFISmetien 4— 4— -w— NiA leSS �hkh9 ac+e GqastFuetief- S— i -10— NIA= NO- ep-0 a e r- es Yes Ye S 4-- 40— I 4-- Ne— Yes On preipis 2-- 64— -48— NWA '111W�A Use 4— �Q— 8— 4-g— -4//4— i ;50 4z age- Yes— L Page 27 of 88 Words are deleted, words underlined are added I:NO8 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc Page 28 of 88 Words are dziected, words underlined are added IA08 Amend the LDC,,Sign Code\CAO's Orciirarce\A Sign Code Ordinance (.071409).do-- 4sip A41ev"ed gip Heigh't Lot sige 9 Fren�age Size- Y- �)F N 10 (4124)6 -Ad gitiena—1 ReqdieEne- -P p Estate 4- 4-2- -1-4- -!a- Real Real B te 10 aGF e- R�� F=-, 4- 64- 4� 44- ON --S- a6r-es at@ CeElstpaetion 4- 4-2 44- 4-9- NIIIA Nf- ae+c- te 1 No- aefes 64 j I 4-54— a-P— 4-- 4:29 Pc4c--er fl- i g� 44— 1.2- 1 lop A. 4 fltage 159 . 49, _ad- Yes -V-,,- - 'Ves 44 12-1 te 149.9 A. I jj -2,,Q 29!N, NIld. 20^ - build. faeade-max ?eeet 25.000 59,-999 sp N'A Page 28 of 88 Words are dziected, words underlined are added IA08 Amend the LDC,,Sign Code\CAO's Orciirarce\A Sign Code Ordinance (.071409).do-- V. I 7K 4 3 3 T. M M - - LL M ............. ----- - - - ---- ---------- - - Page 29 of 88 Words are deleted, words Underlined are added I.-\08 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc Ileasable spaee Putpafeel 60-- �8— 4-G— 100 ft. 5 0 A. frentage— Yes Yes sq. ou"Gel Wall & 64— N-116, 44k NIA .204 Wi!4. faca4e—Hex -Yes— Yes Station Wall 159 14,1A N4 4-k 201% build. fac-a&—max Yes Yes ,kute Sen-ie statien 4— 4G-- 8— 1 4-G— —24�9 Sq, A, 159 �;@s Yes T. M M - - LL M ............. ----- - - - ---- ---------- - - Page 29 of 88 Words are deleted, words Underlined are added I.-\08 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc b. QRe g,--6i-d sig,n with a maximum height Grf eight feet ep wall "PeF Sale," t----Gr-s44;4IaF sigp. Nuith ;4 =4ximllrp gf i .2 square f49--t in--S,4ze, peF stpeet frontage fGF e@Gh paFGel, OF lot GRe to teR aGFeS building eFMit FequiFed.) p I G. + -.gR ;A,;-", a maximum i ie!qht of 15 feet of wall "FoF Sale-," or R9Rt," 9F siFRAaF sigR, with a R�aximum of 64 squaFe feet iR eF street frontage far ea Gh PaFGel G Ot ;R eXGe-SS Gf t-3R aGFeS-4R Si2�e. d. Real estate SigRS Shall Rot be 19Gated GIGSeF thaR teR feet from any.-pr-opeq iiRe. In the GaSe Of HRGIeVeigped paFeels wheFe the eXiGtiRG-V-e �-+;5...R May Rot allow the 19GatiGR Of the SigR tl--R feet fFern the prepe,,-ty kna, the CouRty MaRaqeF GF his desigRee Fray a!19W a FedIAGtieR iR of the FeguiFed setbaGk h-I.-I-- i,-} -RG Gase shall said sine be loc;ated G19seF t A-.n five feeat from aRy PF9peFty liRe URIess autherized by the boalrd of ZGRiRg appeals th4-)Lqh-t-he vaRaRGe PFGGes-,. e. eai-.esfate-signs-s4all-be removed when an appliGable tempera-ry use pe-unit has ex-piFed, E)F within seven days RY of the f9II6IA,44g-GGRGPtiGRS; 9VVReFShjp has GhaRgedj the PFGPeFt�' iE; no 1GRgeF '- F sale; FeRt 9F lease; 9�, the model home is no gle:ILF being used as a Model haFrIe. that a --p-1--h-as-been s;--Id q-, le�sha4l, L-- J , A A I s: L D,,:� -t ra, d i t rc t R1-4-d-a-y-s-after-4,1- is -3. TempoFary PBR 'House Signs- a. Qff PF--Fnises Gp--R hG)U&e-S+9ffs Signs may E)Pjly be displayed oR supepAsed opep hause, -4ayS, betWeepi the he6jpS Gf I Q- QQ flags, PeRRaRtS, balkt�, ;:R2y be USed With SUGh SigRS @Rd thet, shall Rot be lighted ii. Qq-3 sign may be plaGed 4; the PUbIiG right of way ab44Wnq tthe s;�bjeGt pFope#y no 1,319SeF then 10 feet from the, edge of the PGad. (Ne building a,, right--G f-w%r-peF # FeqUiFed.) Hi. T-WO y be PIaG d w4hin the publiG right of wa I PF@Vk-,'kRg diPeGltiGn to a SUpe - fiSed GpeR house that is available for imrRe-diate vb*,—:,AI4R— PRd examiRatigR bar pFas-p-e-Gtive buyeFs, Hente,,s, andk)p lessees. SUGh SigRS Sh2P be 19G@ted RE) Giesep t4 2R 400 feet fr-@rn anether (No building e-,-F40—tGf!AIay 1s 9FR'i Page 30 of 88 ,Words F`rgh are deleted, words underlined are added L\08 Amend the LDC"Sign Code\CAO's OrdinancelA Sign Code Ordinance (071409).doc Ju!y 2`3 20'A p JMVT�. "MRMTZ�---M vi. EaGh SiqR must beaF the RaFne ef the real estate bFakeFage :PFR;, GF the propeFty GWReF'G Rame if by 9wRep, and the iGGal tel9ph@R9 RUMbeF whezFe they GaR be GontaGted. MIL -.e.— zi ---- ----- . ..... M.1 -Wixom M—M.M.Ir" JI e -its IN M- -I-- a-. Q-- grauRd siq�_a maximurn height of SiX f6et GF wall - i zfo.Z a -maximi rm. of fey; salyare feet iR size, Fnay be f- ised nc Gf the developmeRt GF as a permit bGar-d, within eaGh fr9nt y-ard- 4-�r paFGel !E?SS th@R nee -aG.FL-k+-,i-7e-(-Nc�-bU4diRg permit Fequir-ed.) .Ixr-"- 2 Will III-- WINEWN I Page 31 of 88 Words str-u� �, are deleted, words underlined are added 1:08 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc m "1175 - NOW oo A M I Gf aRy kiRd iS not PeFFRitted OR GGRStFUGti9R SI'ORS- - �_Offl 7 ' d�slfiets. Two gFOURd SiGIRS it 2 -f p�- -eside?�*at Qr _4��es SigRS 444�q r - W h f eight feet 9F wall resideRtial e tpaRGe 9F gate S;gRs at ga-1, e tFaRGe tG a multi family, single family, rnebile home Gr recreatie;;al. veh;Gle park S6b�eGtit'G the fOlIGWiRg PeqUOF=#S; a. SuGh S;gRS Shali G-GRt;aiR A_-''Ay the name qf the sybdivisieR, S+g� 9P MGtt9 Gf ty e deVeIGpMeRt and Shall RGt GGF#M' PFeFRGtiGRa! GF sales mateFial. Said S;gRS shall maiRta;R a teR feet Se'tb@Gk-fR�H�pr-Gp-_Fty4iRe URie_&s--p4aGad 9R a f8RGe A-Ir V.'_341 S61bjeGt to the FeStFiGtiGR set forth iR GeGtiGR 5.03.Q� FuFtheFmere. bpjdge_Siq_Rcz Inrotori nn nrilLnf= hrir7ygs FeGtly lead;_Rg-tO--pr-iv-ate S!gRS nnan1winn i ith the Fegy CZP tin jj c1:2 ma r he &ub-st4uted fGF gFOUnd-OF iR residential diStFiGtS. GP S;gRS -xGead a GG R-4Red aFea Gff 94 squaFe feet, and Si,-11 n-+ —,Geed the heir ht OF !ePgth of the wall 11 or gat nnn %At In 11I it G-- Lqges without any verbal GGRteRt and similar a,, Gt6l;al iraG less thaq tean squaFe feet iR apea RGt GgRtaiR'R aRy letter_} t4qughe�;t the deveiap�meR. iett-F laG Ruimbef&--hall Rot be GGRtSideFed --Rd hal d WewaveF, sheuld SUGh aFGhiteGtU;a! embellis�meRts be 1GGated ale - an ten feet, to ant' GiOR, then it shGuld be G9;*d--Fed an 'Rte94 Part R and Shall �'t9 the PeStFiGtiGRS Of thiG S-3GtiGR. 8. Q_C)Rd�tOR21 uses ip pas; _ G(E?,-tJa! a�4 ag-49UJ44Fa; 4GAR'GAS. Page 32 of 88 `,A,'ords 5tF i are deleted. words underlined are added I'M Amend the LDC%Siqn Gode\CAO's OrdinsncelA Sign Code Ordinance (071409).doc .......... vrj-qff rMUM. Me Z_ Gf aRy kiRd iS not PeFFRitted OR GGRStFUGti9R SI'ORS- - �_Offl 7 ' d�slfiets. Two gFOURd SiGIRS it 2 -f p�- -eside?�*at Qr _4��es SigRS 444�q r - W h f eight feet 9F wall resideRtial e tpaRGe 9F gate S;gRs at ga-1, e tFaRGe tG a multi family, single family, rnebile home Gr recreatie;;al. veh;Gle park S6b�eGtit'G the fOlIGWiRg PeqUOF=#S; a. SuGh S;gRS Shali G-GRt;aiR A_-''Ay the name qf the sybdivisieR, S+g� 9P MGtt9 Gf ty e deVeIGpMeRt and Shall RGt GGF#M' PFeFRGtiGRa! GF sales mateFial. Said S;gRS shall maiRta;R a teR feet Se'tb@Gk-fR�H�pr-Gp-_Fty4iRe URie_&s--p4aGad 9R a f8RGe A-Ir V.'_341 S61bjeGt to the FeStFiGtiGR set forth iR GeGtiGR 5.03.Q� FuFtheFmere. bpjdge_Siq_Rcz Inrotori nn nrilLnf= hrir7ygs FeGtly lead;_Rg-tO--pr-iv-ate S!gRS nnan1winn i ith the Fegy CZP tin jj c1:2 ma r he &ub-st4uted fGF gFOUnd-OF iR residential diStFiGtS. GP S;gRS -xGead a GG R-4Red aFea Gff 94 squaFe feet, and Si,-11 n-+ —,Geed the heir ht OF !ePgth of the wall 11 or gat nnn %At In 11I it G-- Lqges without any verbal GGRteRt and similar a,, Gt6l;al iraG less thaq tean squaFe feet iR apea RGt GgRtaiR'R aRy letter_} t4qughe�;t the deveiap�meR. iett-F laG Ruimbef&--hall Rot be GGRtSideFed --Rd hal d WewaveF, sheuld SUGh aFGhiteGtU;a! embellis�meRts be 1GGated ale - an ten feet, to ant' GiOR, then it shGuld be G9;*d--Fed an 'Rte94 Part R and Shall �'t9 the PeStFiGtiGRS Of thiG S-3GtiGR. 8. Q_C)Rd�tOR21 uses ip pas; _ G(E?,-tJa! a�4 ag-49UJ44Fa; 4GAR'GAS. Page 32 of 88 `,A,'ords 5tF i are deleted. words underlined are added I'M Amend the LDC%Siqn Gode\CAO's OrdinsncelA Sign Code Ordinance (071409).doc "MIMI. - T22c= -M.12mr- . . ........ INS -in i i i i 16 i AN - i MTTMM� L. a. Gelorsi b, GGRGtFUGti9R materials and methed; G. AFGhiteGtUM! desigp, d. 11114MiRatieR Meth&G� C --t-, opy 4�, ;iGe-;Mth the follew ii. The USe Gf fIY@FeSGeRt GGIGFS •S PFGhibft�- A A. Developpneqt staq--4--l-I i The maximurn size limitatien shall apply te eaGh stFwGWr-e. PGIe er qFquR Page 33 of 88 Words are deleted, words underlined are added 1:\08 Amend the LDCkSign Code\CAO's OrdinancelA Sign Code Ordinance (071409).doc SiqRS may be pla—d-ba& te baGk GF iR V type GgRSt;:YGtiGR With R9t MaFe t -haR eRe diSplay 9R 69Gh faGiRg fGF a MaXiMUM c)f two dispiay-af,eas-4-ar �Gh V type siqR, and SUGh Sign StFUGWPe shall be GgRSideFIBIJ a M.—CECT."M 0411 1 Q#iGiai AddFess NumbeFs and/aF the PaRge Of Qf�Gial Address NUMbeFS- shall be pested WithiR the Ypper third p9F4iqR of the sigR faGp- GF iR the area def4R SeGtiGn Gf the I=a;;d Peve!Gpmen-t (;G? de G Qr3m.meFGia! and FesideRtia! signagle that utilizes the fell9wing Sign tu,-e&: P'-49 Gig-, qF96IRd sip, and d;'eGIEG,-" sigt;s. Address RUMb�'s--G .{L1.."� •hall be -A minims rm height E)f eight (8) ;RG-'.---8- Sign Stand or Spe-GifiG Situa as 11 ent a GI S' iG Real e;3tale SiG-q-&�.S defiRed, shall be peFmitted iR RE)R —4 i tF ts E;61 ;__{ 4.- 4- -1— 11 . - - -F --1-aVAR!gmL QRe gFeURd GigR Wth a maximum height of tan feet GF Wall sip 4th a imaximum area Gf twelve squaFe feet iR SiZ-e peF street frontage fqF eaG PaFGe", 9� 1 S than GRe ere in size. (No b6lildiRg permit Peq6iiFE?d4 gp w a QRe gFouRd S'GIR w4th a maxiPA11m height 9f teR feet er 'A'211 Si I smith maximum 32 squape fe et iR size, PeF Street frontage f9F eaG"am 19t+ GIRe te teR aGF&S-4;:�--4Ze. (NO bldildiRg peF-rRit Fequ;Fed.) 3. C4�-ePaU-id Sign With. a P-4aXiMUM height of 45 feet 9F Wall SigR With, m 64 sq, re feet in si-- stFee" frontage f9F eaG, --3i:es4R size. A bu;!--4;x4g pemn.4 ;-- -e,GHiPed 4. Real e sigp,-,sh;411 -pt be 19Gat9d GIGIGeF thaR teR feet fpem aRy j 1;ne, 1q ih ase-of the existing Vegelt-ation may Ret-a4Gw-44e 1GIGatign e Si -gR ten fee-t pf:,Dpeft �F, #e QGUR."l' '.42RaqeF eF his desipee may allow a Fe-12161GtiOR �n-t4e-aq4GuRl- ed setbaGk 4ewevelr, in RG Gaseshaa4-�� be 19G@ted GIGSeF thaP. fiVe feet fFGR; aRy PF9peF�' e URIeSS i he iqea�- Is 'ie -j---�---�F*4g-appea+ -t*�augh-tl -4ar-i�c-e pFeGeSE-: 5. c:leal esta a.pipIiGabtemp epaR� use eX-9i1 aci- 9P WithiR S R days Of y Pf the fe pq I G4p-id44G;4&--.-e4�T-s-h4'p has GhaRgeed, --,, 'the rept er-- n. —X-sign adveFtisi at a ppgpeF,,y h !eased shall not be n-m-aF-,,�R--14-days-afLeF-ii4s eFeGt-3d. ovei 71 i- A71 sur-'h SigR - - hall be SeGW4Y bUili, p4-��Gd AP it.. RdeF G ad fe S� U StFUGtiGR and a Ire r; " q andl s6bJeGt tG the feller 1. QRe �F'OURd SiGiR W A- M-Pyiml-IPR height of ten feet GF, "Mall Page 34 of 88 Words stF�' � ,-h are deleted, Nvords under-lined are added 0108 Amend the LDCISign Code\CAO's OdinanceA Sian Code Ordinance (071409).doc UT-4 W."ry.4 M r- m M CMM I M M3.9m WZY MU.MA".1 M-1-11- WIN ee- Me P PFegY . -Se—S4gRS, (DR -1-Imise pele SigRS, gFGURd SliqRS, ppGj . eGtiRg SiqRS, wa4 SlgRS, and n;aRsapd signs shall be @119wed iR all RGRFesideRtially zened distF;Gts subjeGt t6 he4e-st48 Pq hP.W.A.I. 25"WWATOTAN; d=11 11 id I I i i I It= =12.1 11 1. 1 z 111111:4 it, -12 ....... . .... �W!"210""MI&MMAN WIN G. .A .IaJT— xi lle sign apea. 89 squaFe feet fep pe!e GF gFound Page 35 of 88 Words sL-uek4hF&u4g— are deleted, words underlined are added 1:\08 Amend the LDC\Sign Code\CAO's OrdinancelA Sign Code Ordinance (071409).doc SigRS !GGated aiqRg an afterial ep GelleGtor- r-eadway aRGI 69 square feet f9F all etheF rGads. d. The IGG@tiGR ef all 9F@ReRt PGle, gFGURdG4gRhall e c) - he @R the landSGape plans as PeqUiFed by SeGti9R 4.06.N. e. Pole -;--- 'k-11 PFevide a gala GGVeF RG iess than 50 PeFGeRt Of the width 9f the sign, with aFG GtU�al GleSiqR featWFes inp-lud-ing, G✓IGFS and,'GF rnateFialS GOMMGR to thase used in the desig-R-Gf th b6lildiRq the Sign is aGG96SGF; tG. A, MiRiMUM 100 squaFe fqqt - plaRttiRg P apea s�;all be pFevided aFGURd the base ef any gFA_l_InP_f A-F IG-le SigR, GG)RSiStP_R', 1.9,lith the D-,GViS'GRS of this SeGt,GR Gf t f; de develepmeRt of 'aP.RdSG_a-,- iRg S,hall be @PP-r9Ved b)f ti:'.e Q96IRty GGRSiStent With SeC-t*GR 4.06.93 A. of the I=PQ f. GF96IRd S'qR_q f@,' SMalleFF 'E)tG. Single 9GGLAp2RGy---pafGelS-, sheppiRg GeRteps, 9ffiGe Gemplexes, business paFks, and iRdustpial paFks may be issued a sign pepmit far one gmund sign ppevided that the f9flewiRg minimum FequipemeRtS aFe R;et, as appliGable� er--4 se4ots_of- ' iii- et$-with pybPG Fead frontage ref R less fll"- 19-9 feet, bul; up--tG-4-49,9 feet, Gr a- GeMbiRed PLib,`G stFeet frontage Gf RG less t�aR A 5C) feet bUtt :ecc than 249.9 feet 40r GGFReF lots or parrels� a) NG peFtion of the grouRd sign may be ieGated GIG) than 4 9 feet #9R; any p-roper-ty !;Re-; b,�A plaRtiRg apea ef RG less than 100 square feet aP be pFevided aFGund 'the base of the nrnr Garr SiqF1'S RFGhiteGtHFal d- 8 s i G_ P., . ...... .... n"I --I,r Gc)p.-3,t u-bo"i -11 ha4—in( 444-_-4eatur-es Gemm n-tG-#4es.e_used in the where ,19 1S The gP@6iRd Sign r;; ay be dou e j, i -but GaRRE)t be plaGed lin G4,tape.-an4 rr-,�4st displ_ay ;4eR4Ga4 GGpl y-G-1, beth faGe'_,�- .-, Ry ill-jR444at4e,R Gf the sign Feq ur-e-ap,-eleGtFi Gal PeR:Rit, j -.he--st eeet-add,&ss foF the bysiRess(es) shal dis-,'312yed in RUMeFaIS at lea-St 9 iRGh-3S r�igh —e—,a.4 ;aGes qf the sign and must be leGated-so-a-s4o--Rc-t be GeVe�ed b�' ring -set O�ep impedime--i-7- and �_Ilewed e)n the Pa-e 36 of 88 Words are deleted, words underlined are added 1:108 Amend the LDC\Sign Code%CAO's Ordinance\A. Sign Code Ordinance "071409).doc 1 17 K Page 5" of 1"-�'3 R. IR adGkiGR, fGF thOSe IGtG 9F par-Gels with frantage Of 4-21- to 149.9 feet, @F a GembiRed MiG stFeet frentage of nn IeSS thaR 4 59 feet fGF GGFReF 19tG Gr par-Gels but less thaR 219.9 feet- a) The gmund4gn shall be limited to 8 feet in height-, as measuped fFeFn the loweSt GeRteAne gFade of V4e R9aFeGt PUbliG Foad to the uppermGst pGFtion e the sign strUGtUFe FegaFdIess Gf the FGadway GlassifiGatiaR; and aj.- '� 2-- -e =t b) The R;ax;mum allowable Si!YR-a-- �2-- -e feet iii. IR addition, feF these lets 9F pamels with frontage of 1 to 4 2G. 9 feet: a) The gFound SigR shall be limited to 6 feet in height, as R;9aGUFed from the !GWeSt GeRteF!iRe gFade 9' the -Re Foad to the uppermost PGFUGR G the sip GtFUGtLIFe regardless of the roadway GlassifiGatiOR, and b) The maximum allowable GigR aFea is 46 squaFe feet- The Fninimum setbaGk FequipemeRt may be adMiRistratively PeGIHGed by a MaXiFRUM Gf teR feet by the G96IRty MaRager A-r his, deSigRee UPOR submissien of the admiRiStFatiVe vaF'aRGe fee aRGI a written t. However in RG race shall the requiFed setbaGk be Fed,lg---- .- leer, thaR five feet. The G96IRty MaRag-, r hi deSigRee's dSGiSiGR tG FedUGe the req6iiped setbaGk shall-b---based GR the fqllow,41'gF i. VV4e-F�an--be-4amons#ated that with;R the �ight 9f way the aFea betweeR the pFeperty 4Re and the edge of pavemeRt "vide a;;d tlat the aGtUal paved aF�ea is URlikely to be widened to the e)(teRt that : mar - ;R the Feq -setbaGk will Fesult iR the be4pn_alqy GIeSeF thaR 30 feet to the edge of pavem&p.#, . .............. iii. Where d. 4e to the Rat6[Fe a-Rd 19GatiGR ef eXiStiRg !andSG@PG featuFes andlor speGiFnep tFees, it wGuld be ppude-Rt-to aIIGW f9F a reds GtioR in the FeGluiFed -setbaGk se as to mo-&t apprepFiately leGate the sign GtF6IGt6IFe; o-F iv. The ex4eRt G-f the FeduG#Gn—+s-4h9 R1414� aMGURt PeGessaf)� to p�evide Felief fFGM the appliGable GGRG-Jitio.R-S Page 37 of 88 Words stpurk thFou are deleted, words underlined are added 1108 Amend the LDC\Sjgn Code\CAO's Ordiriance\A Sign Code Ordinance (071409).doc K Gited-abGve. 'Mt. 2 123 i i i NONE N ON I ON � 'M � . MIN-- — ----------- b. A siRG_tTe-gFq4-,-4 faF outpa--Gels-i4aviag a frontage Of 450 feet M9�e Ar)t e—XGeed 60 squaFe feet. GF9URd SiqRS shall be 4,-4 t�4g7W,—I,=--c-IkPt-height. Di,--'GFn'SigRS.—M4lt4aL--G,GG61paRGY p-amels S6IGh as shoppinq --nter-s--. GffiGe Gomplexes, bu Sinn ss paFks, OF iRdustr-4 narks GGRtaiRiRg 25,9QQ square fe-at o-, maFe Of gFess leas-a-ble fin-or aFea, and eight G� ;;qqFe iRdepeR eRt-b-uE Resses will -be PeFMi#eGJ ORe diFE?GtE)Fy GigR far a SiRg4e nn SaGh E?UjbIiG street. V .Vhen n Hip--+np, S!qR s-pmpos-ed-then PG!e OF gFOURd SiGRS shall be liked te ti;e Rame aqd !Gge Of the Gemp��, 2nd shaflnetz-!�O-j. ram.eef aR�ten2Rt. The diF9GtGrySinn Shall GGRIt -3 11 -,IaHF apid-a-,—r ::P, Of eight teRarlt Rames. -The name--Gf bUSiRe 6 !GG@ted OR gutpar S Shall ROt ppeaF Of diFeGt@PY S;g4-S-. • WOTP-MRIEWAMMIXISIMMMOM 3- Page 38 of 88 Words &uFuek—hFough are deleted, words underlined are added I'M Amend the LDC\Sign Code\CAO's OrdinanceA Sign Code Ordinance (071409.).doc 7 f C, 3 101 =3 1461 _a raa b7- No wall sign shall exGeed 80 peFG9Rt of the width ef the uRit(s) 9 the buildiRg GGG61pied by a bUSiRess with a MiRiMUR; Of teR PeFGeR GleaFarea_on_eaGh eute. Of the 61114(6) G. All wall SigRS f9F multi use r.eRsiGteRt !GGati9R GR the bu iblduisidingGs a shall be lad g a , -a e)(Gept that anche tenants may vary fFGm this 19c;atioRal Fequii:emeRt iR sGale with the anGh9F tenant's !aFgep ppimar-y fa e_ dGiMeRSiE)RG. M GigRS shall adh-_-Fua to the dirP.eRGiGRE; PFeVidE?d fGF iR the uRified SigR p4ph_ 5. MeRU beapels, GRe meRu boapd with a-maximum h_; � ht Of 6 ft. and--64 squa;:,e feet of Gapy area pe- iVe 'thrU lane 6. P4;qaG4Pg SiqRS. PFGjeGting sips may be substituted fE)F wall 9F maRsaFd Sig Gnese,dp-rev-ided--4hat -the d�ispplay area Gf SjgR Shall nnf e-x-60sWaFe-fe—t—d-,laaFea. a. PF-;--";Rg Sin Rs s4all-�t pFgjeGt mope t aR f9HF feet fFep.i the Wall tG WhIGh it is attaGhta� b. pFqj 9-SigRS shall RE)t eAeRd ab9Ve the FGE)f';Re Gf the tG whiE;h it is attaehe4- G. d. Pp4FoGji-eecGttii R0 Gi9RS Sha, at pFojeGt into tho pq4blj"ghtGf-�. I iGh pFpjeGt 9veF aRy pedesti:iaR way s4afl-�_ elevated to a MiRiMUM h8ight Of eight feet abeve SUGh PedeStFi@R W__WI — M IN P-11112.1 BIT NIVI MR-MM VAM A 401M.". INAMJE Words � +hFeugh are deleted, words underlined are added IA08 Amend the LDC\Sign CodekCAO's OrdinanceA Sign Code Ordinance (071409).doc ... ...... - ------ IM1*1 NOW . ------ - ------ . ..... - �Wt aMa W rM e!17-7 101 =3 1461 _a raa b7- No wall sign shall exGeed 80 peFG9Rt of the width ef the uRit(s) 9 the buildiRg GGG61pied by a bUSiRess with a MiRiMUR; Of teR PeFGeR GleaFarea_on_eaGh eute. Of the 61114(6) G. All wall SigRS f9F multi use r.eRsiGteRt !GGati9R GR the bu iblduisidingGs a shall be lad g a , -a e)(Gept that anche tenants may vary fFGm this 19c;atioRal Fequii:emeRt iR sGale with the anGh9F tenant's !aFgep ppimar-y fa e_ dGiMeRSiE)RG. M GigRS shall adh-_-Fua to the dirP.eRGiGRE; PFeVidE?d fGF iR the uRified SigR p4ph_ 5. MeRU beapels, GRe meRu boapd with a-maximum h_; � ht Of 6 ft. and--64 squa;:,e feet of Gapy area pe- iVe 'thrU lane 6. P4;qaG4Pg SiqRS. PFGjeGting sips may be substituted fE)F wall 9F maRsaFd Sig Gnese,dp-rev-ided--4hat -the d�ispplay area Gf SjgR Shall nnf e-x-60sWaFe-fe—t—d-,laaFea. a. PF-;--";Rg Sin Rs s4all-�t pFgjeGt mope t aR f9HF feet fFep.i the Wall tG WhIGh it is attaGhta� b. pFqj 9-SigRS shall RE)t eAeRd ab9Ve the FGE)f';Re Gf the tG whiE;h it is attaehe4- G. d. Pp4FoGji-eecGttii R0 Gi9RS Sha, at pFojeGt into tho pq4blj"ghtGf-�. I iGh pFpjeGt 9veF aRy pedesti:iaR way s4afl-�_ elevated to a MiRiMUM h8ight Of eight feet abeve SUGh PedeStFi@R W__WI — M IN P-11112.1 BIT NIVI MR-MM VAM A 401M.". INAMJE Words � +hFeugh are deleted, words underlined are added IA08 Amend the LDC\Sign CodekCAO's OrdinanceA Sign Code Ordinance (071409).doc 4. M . ............. ... . .. eltm , 9. Si-FIS Ku't-hl;- P.'--P�4pd &,,* cJeve!GpFn--Rt-- and intent of tNS GiiV GP, GFeative, flexible and unifEIFM G9;4�ppeheFlSiVe arGhitec-tupal deSiOR standaFds, ape eRGGYp@ge-J--A4h-�R all PUD ZGRiRg � 1- , speo4fica4 -r-eqj,4i�d-4Gr-P-gDs GGntaip*i�, &gR-G�,-&ses and SiZeS fGF PlaRRed uRit devete. �.e ts�- ould be the sa4:rie-a&-#-�--StandaFds found WithiR tNs fin-Ir the ZGpliRg diS4iGt the deVeIGPFF18FIt �AGS;t Glor-S&ly P&SeMbll--S, URIeSS 6�4Gh plaRRed URi deev--49 r S h9V9 GOMPPeheRSiVe Sign St@HdaFdS 6GRt2iRed- in th-3 PUD 4GG4M-e�lt 10. .lags. Re v, f' that a septifiGate of 9GG61paRGY Ma�f diSplay Up tG thP&e RGR GGpplR4eFGial fl@gS, ��ePe th&S-e develepMeRtS haVe MUffiP19 9;#paRoes, @Ry eRtraRGe ay have 6ip to th-pe�f4ags-eaGh, pFevided. the developmepit is alz 1 acrsst teR aGFeS !R-&*-'� aRy eRtFaanGe With flans is pFqvidiRg iRgFessiegFess GRly Gff a Fo.@dway tha is deSigRated 2 '--,ei!eGtGF 9F @;#E?P,;21 in the t�affiG eleMeRt of the gFG,A4h mana-9-;-R, plaR, aR, alI-aT4r-aaG---- are at iea 1 00 FPI Lri - , - - ---44o�ags, be displayed-w4hit-4 d the f4ags aFe- riot visible to MetGFists alaRg, any frontage Foadways. The iRte,'Rally diSplayed fl@96 R;@y bP- iRGpeased by �jp to g4t-ad4�4tiG�� FGF maximupp, t9tal-of 12 flags with the amount of the ppGgGsed inGrease to la-t 40 of 88 Wuids sit uti it ti are dullva;d, woi O's urideraned w•e added 1:\08 Amend the LDC\Sign Code\CAO's Ordinance'A Sion Code Ordinance (071409,),doo d t 7 K pFqp9r.ed flags would RGt be ViSible tG FR9tGFists aIGRg aRy freRtage Feadways and Ithe GGuRty ManaqeF ep his desigRee detepmiRes that the display ef the e)#Fa flags is esseF#ial tG the theme and deSiqR Of th9 deveiapment, WIM N.MNIM, =Vz Pr-T., a Mm" MI m V= ,W-= x Mv a Pr-m IT Mr. rr.Tr_I 0 2CM-MUMI r-MrIIIW.qr.CIdI mom—ml DNA= M.P., PI. MMUM I M-M I NMI 2-110.2111 V, -1, _F_M 74 1 W.% b OR siRgie family GF duplex 19ts flagpeles shall net exG ed 30 feet in height abgve fiRished gFade. Pop all ethep FesideRfiaA _7G.Plad pamels' flagpoles sh — , __+ ex-eed 35 feet in height #:am the finished gFade GF eAeRd mope thaR 20 feet fr-9m aRy buildiRg t9 whiGh, 'they a"re afttaGh8d. 1R the estates, agFiG6114,61Fal G ocinsepvatieR distriGts flagpeles shall not v "cam es 6 RG)t exiseed 50 feet in height from the inished-gFade, Rer exte mGpe thaR 20 f�aett ffram aRy buiodiRg to whi hey ape attaGhe4-, RE)F shall the width off the flag ex-Geed 20 PeFGent ef the length o the pele to whiGh it is a#aGhed. G. All fla-gis in all Z9RjRg diStFiGtS shall have a F=iRiF:PWM five foot, setback-€r-em-a4roperty liRes. NO Iffiffilp IN MEN- M 9K all &= IM jr-q-T. M .4mmF.Mmm. - =22=a _1 M-1.11n Page 41 of 88 Words stru-c4E t eel are deleted, words underlined are added 1:108 Amend the LDC\Sign Code\CAO's OrdinanceA Sign Code Ordinance (071409).doc j Drier to the 9FeGti9R iRstIaPiRg plaG'Rg GF di6p!@Y'Rg of a , , , P@Pkal sign a bulk tempepwy PeFMit Shall be ObtaiRed. The Peffnit RWR;beF shall appeaF 9R every SiOR 9F OR the SUPPGtRg the sign. The fee f9F said bulk permit shall be as aGl@pted by FeSGI61tiGR by the bGaF-d of G@YRty GMMiSSi9ReFS. All SigRS far the Gandidate 9F the issue feF whiGh the permit was isswed must be rernevedd eF the e!eGtiGR, referendum, 9F other event that the siPR pertaiRS tG. Failure t9 timely FemG)ve e OTT suGh s;gR will GGRstitute a separate violatiOR ef this Gode F.Rd thE-I PeFpRi#9e Wil! be SUbjeGt #) iSSUaRse 9f a GitatiGR fFE)M Qelliep (;GUR'tV GGde ER4,-' FGement d all GtheF per;alties allewed by law H. PGNtiGaj GarnpalgR S'gRS GF PGSter-S Withirl FeSideRtiall z:G;Red or use4-prGpe#y-s,14aII net eXGe9d four square feet in size, and shall Ret be leGated Gleser t�'laR five feet te aRy PFDPeFty 'iRe-.—P--GIitiG@I SigRS PlaGed witl;ir; Fesident�iarf d;StFiGtS shall require wFittaR PeFMiSSK)R fFE)R; the PF9peFt'-' GWReF, iii, PolitiGal -.arnpaign Sips Gr, pasters will be pepR;i-+.,+,eG[ ip I ether aGRiRg distFiE;ts within a MaXiMUM GGPY area of 32 square fceelt per Sip, aR shall be leGated RG GIGSeF t'I;aR --q feet to ag.y pF@peFty line. The number of suGh signs shall be limited 4-G--&R---�s�'ref ea644-lot-GF PaFGe�-W-b4k ate GF IIS-Sr i. p- a-g- Sig V. TH-e z;qaximurn heightt 9-f p9ktiGal r 7.. R G poster, -e-x-Gept-thGse that FRa" he nffiverJ to a wall shall be !united t9 eight feet. iii purr P01itiGal SiORS Shall eat be e' FeGted URN th' , e Giese-4ate-,-f the quak set ;G 'i tGil in Se--tian FIGFida Statutes, -is it may be amended and shall be rerneved within ; GaIeRclar days after tepmipatipp. of - 4G lq t .. ravial, ekmiRatien, or e!eGtiGn tG the GffiGe er� a#er- appF-ev,i op r--jeGtiGR Gf #;e i e has oGGuFFed. -I I QA= If LEI MdrAS I I EWM-02220-URIZ "Cr .511 1 G. S4,eGia! 9V---RtS SiczzRS. A SpeGial eVeRtS SiO ,q P.-Gt' exc-eedir�g 32 square feet iR SiZe may-be disptayed tG anng RGe GF adveFt'iSe- swqh, ternperary 6�ses as fairs, Gamivals, GiFGUSeS, FeViVa!S, aRy publiG, Gharitable, uGatierlai eveRt. Pape 42 of 88 Words stFdekthfaug i are deleted, Nvords underlined are added L\08 Amend the LDC\Sign Code\CAO's OrdinanceA Sion Code Ordinance (071409).doc -11v F . ............ . ............ 149liday d9GGFatiORS. Seasenal de FatiGns will be granted a peFmit f9p a peFied of 39 days prie,, te the heliday they aFee GeiebpatiRg and will be Fernaved RD Inter than 45 days after the hGliday, 43, SpeG�9i PUFP9&9 SigRs 49n sgf,-). Due te thB WRique and vaFied RatWe Of the fellewing uses, addifional—sigrigs—may—be eqquir-ed to previde t desiFed level of seFvmGe tE) the pubiip— Sp-eGuial puFp9se sips shall be peFFnitted as follows- MIN®R. 'IXMM 01 I-IN 710 I .... I. T44e--b-r-,FbeF pGle s g444&-a#aGh--44G-the exlerier wall ef @R establishmeRt prGvidiRg the S GeS CA a liGeRse4-bar-b�-, k. Gh --s Gh estab shmeRt (bapbeFshep, salGR, etG.) IS lirRited tG eRly 9Re baFb9F PG'e SigR-; c Page 43 Pale if 88 Words so-ack 44a-ei4g are deleted, words w1dertirted are added 1:148 Amend the LDC"Sign Code\CAO's Ordinance\A Sign Code Ordinance (071, 409).doc NQU 149liday d9GGFatiORS. Seasenal de FatiGns will be granted a peFmit f9p a peFied of 39 days prie,, te the heliday they aFee GeiebpatiRg and will be Fernaved RD Inter than 45 days after the hGliday, 43, SpeG�9i PUFP9&9 SigRs 49n sgf,-). Due te thB WRique and vaFied RatWe Of the fellewing uses, addifional—sigrigs—may—be eqquir-ed to previde t desiFed level of seFvmGe tE) the pubiip— Sp-eGuial puFp9se sips shall be peFFnitted as follows- MIN®R. 'IXMM 01 I-IN 710 I .... I. T44e--b-r-,FbeF pGle s g444&-a#aGh--44G-the exlerier wall ef @R establishmeRt prGvidiRg the S GeS CA a liGeRse4-bar-b�-, k. Gh --s Gh estab shmeRt (bapbeFshep, salGR, etG.) IS lirRited tG eRly 9Re baFb9F PG'e SigR-; c Page 43 Pale if 88 Words so-ack 44a-ei4g are deleted, words w1dertirted are added 1:148 Amend the LDC"Sign Code\CAO's Ordinance\A Sign Code Ordinance (071, 409).doc 14. Qqp4pqeFGia[, business paFk- and 49dust4al diFeGil"onal or- idepgAGa S4nS. PiFeGtienal Gr ideRtifiGation S19RS RE) greater than six squaFe feet iris size, -- feet iR height, and 1GGat9d iRtemal to the subdivisien e setback of ter; feet, may be allowed subjeGt to the appr,q•aj of the-C"euRty, M.aRaqeF eF his designee. SuGh sign shiall GRIy be Used tO ideRtif-, the 19Gati@n gr diFE?GtieR ef.approved uses SUGh as sales tS iRf9FmatR GeRters, GF he ivdl F, E GGMPGReRt6 of-4he development. DiFeGtieRai GiF mdeRtifiGati(DR Sig a G_9R4MGR aFGh4eGtUF@I theme may be GG)R;biRE?d iRtG a single- Sinn not to eXG9ed six feet in Reight aRGI 64 squape feet in apea;�u- signs shall Pequice a building ple-R-.4. Fer sigRage to be leGated a lnnn t4h r_Adaet�f-g ate P-2pkway, see &eGtJG4s-a_-Q4.-Q-9; 211. 1009 and 2.93.07 a the 'DeldeR 'Galte Master PaR. Ret GGGUPY mGFe than 29 area wheR sa, is R; ,e lthaR six squaie feet'-in apea. DvPeGti9Ra1 signs-are-als-GsuL�eGt t9 FestFiGtip-ImIs of SeGtiGR 5.,Q6.,Q.I, iDf this Em 11 - - ---------------- a—.----Q_4R,e ideRtifyinn the fa FRg E)FgaRizatiqR, IGC- at the 9Rtra'FIGe op gate Of e@Gh Street frenta e, and @Rly Per --G agr!G4 -LJFa"ses. ices maximum allewable sigp, are F -32Gh pele eF-GF04R4-Gig-R-E;haP RGt eXGeed 100 square feet with -a maximum height of 20 feet, and shall be 19Gated a miRimucp Gf 15 fe9t #9-M any Gr PriVal- ight Of "n"ay or eaSELMeRt. -QR premise G! ns vv;th;n agriouttura4 -@Red diGtPiGtS-4R-th-_ urban a-r-_�s�.! G@R;Pth the F-3qUiPe-FReRtS Of Se C�R !Z.n A 0�4,�4? � a R - 4;ev_omeRtQad& b__ S _aximum heigL t of ton feet, anti IGGated a mirii m of tan feet #GMI 9RY$r epeFty 1iRe, P61bliG GF pFiV@te right of A'av GF easement, ;d'euRtiffyi-I faFM, t_.-..,... G-F G,!-_-eRtPaRGe, eF gate Re Geed;Rq 2 SqUaFe feet ;R virtu. Thiss siqR shall be 1 e d ;G 44entww_1 ;�_�.aFy aGRGUitural c)ff sG as to expedill I eXPO-FtatiOR Of GF9PG tG VaPiGUS PaPtS Of the GG6Rt�'. 96IGi S ; - i -1 _ s#aII be peFn itted fns a periad-Ret to e)(Geed 30 days and MaY hp i&-s-usd agly t�AzGe_44-a44y-Gal-_r4�4ar year. gps shall FequiFe a Page 44 of 88 -Words awl, are deleted, words underlined are added 1:108 Amend the LDC\S;gn Code\CAO's 0,dinanc_e'A Sign Cont- Ordinance (071409).doc Ju�y 2,8, 20"'19 5 9, of I r? 3 ...... ...... . Fe "'pill e - Wit ZW . ........... 1 .1.7 ON I MIN MR, Wei M_._ M—M-0-60 — ------- 1 111-1 61 Qff prew4ses d�,eGtiepai 819RG. Q# pFemises diFeGtieRal SiqRs aFe p--FFRi#ed subjeGt tG review and appFeval Gf the design and lE)Gati9R 9 St SiqRs by the GquRty MaRageF-Gr-his--desipee, or his designee, if th fGIIGWqR@ FeqUiFeMeRts aFe meti a. Q# ppemises diFeGtiGRal siqRs shall GRly be pem*ted iR RORFeSIGIeRtially zeRed, op agFiGLAWFal diStFiGtS Ne mqFe thar, twe eRe sided OF GRe doubie sided A ppemise di;-eG#GRal SiqRS shall be permitted, ideRtifying the lOGatiGR and Ratupe ef a bUildiRg, StRJGtUFe, 9F use whiGh iS RGt ViSible fR9FR the aiter4a4--readway--ser-virlg—&UGh--Wi!GI'Rg, StF6lGt6lFe, E)F uses, h EaGh Sl-• not MGFe thin 4-2 SqUaFe f9et in apea. Rot R;epe thaR eight �Bet iR height abeve the IGW-3St GeRt9F 9pade ef the a4er-ial ay- iii. The SiqR jS !GGat8d RG G!96er th;-4R teR feet tG 2RY PrGpe tlx iv — TriittFY must submit with the permit app4Ga#qR Retag=_ad, mitteR per-missioR ftpem. the ppgpef±,y 9WReF Rly b8 lGGated WithiR 1,000, freet qf tl,,-Ie iRteFseGtiGR 9-1 the ailerial roadway GePARg th8 bUildiRg, StRJGtUFe, G. Off ppemises diFeGtiGRa' SigRS Shall Ret be IG-.ated GleseF th@R 5G) Page 45 of 89 Words 4niek-Ou:t �- , are Deleted, eleted, words underlined are added L\08 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc 5.06.0 Fn These Regulations 4:; addition; to thas s ;delltified e'SeWheFe iR thin de, the fG11qWIRg SiORS exempt f-epp; the PeFMit FeGlUiFeMeRtS of this Cede, and shall be permitted iR d4S`t4GtS 661"'JeGt W the limitatiens sel fnrth below; R" to Pq A Ws-r-equip-ed .- .,.- iRed 9F pested by laW GF 9GVeFRR;eRtal e;dep, Pahe:�.F r-egula#Gr - B. QH P�9rniSeS diFeGtieRal Signs, Ret exGeeG!Rg SIX SquaFe feet iR apea and �GUF font i.1; @4t-,4nte44ded tG faGilitat9 the MgVePneAt Of P StFiaRs and V8hides within the Site open which SUGh signs are pested. (DR PFern!ses diFeGtjGRal Signs Shall b�4*499_i tG_ :h.A;A- At P_aGh vehiGle aGGess PGiRt anti a maximupi; Gf f,�)61F internal to thedevc�ent. !RteFRal signs ape net iRteRded tG be ;�eadily v bie from the tGad. DiFeGtiorial signs a. S_�}eGttt FeStFiGti _s_GfLserAiGR wl.()6.C)4 CAI afth's Cede. p-efessi--al -----late, OF OGG;.4patiGRal sign fe QRE? id-3FItif;G ..... .. each RGt to! eNGeed fWG plaGed flush agaiP,-,t--a-buding-faGe e 1--nailbqx side, aqd deqn:!^Cl nM11L._'! C--U a d ".Y 1p�e RaMe Of the GG_ P Rt aR , at the Ic art's tha GGGu'pa41_-_-fpr_-. aR-dV a F t h" W-_vUp ste- D plaqu-_-s,--X-R-_FStaP S, ";St9F;Gal tablets, and 4--s Gf Gom4;vam4pa#ve si thepi G6t ;RtG aRt' M@SGRPY Ge-4p- Mbus.Ll ... GORStPLIGted of e mateFiai, "N9 T ID-aSSiRF," "N9 D j9i PFGhibik)�y or, safety type siq714S. e4--eaGh sigR tines not ex eed three square feet in QRa gF-GURCI wall "-Far le", "FG-F'ReRt." GF s}reet fFentage foF eaGh PaFGel, oF lot less than 'ten antes in S4*z-e- C-)Pe OP -Femises sip fer rriede! heppes, with -3 tam Per;�-usi-Pe11�':F4_"R 3Ry M. Tmpepa epeR a{+�� (See S S eGti9R (1G` 92 A. 3.). i. BUilett* bgaFd 4d ideqtifiGa!1'9R S�S-feP-p4b �,' itable, edUGa#G4;-,a[ OF F81ig S iRSt;+Ut;9RS !GGated GR tl;e pFep;4+sas��said jRStit6#jGRS--aP4471G`t Pane 46 of 88 Words strauk Chi-eug acre deleted, words underlined are added L\08 Amend the LDC\Sign Gode\CAO's Ordinance\A. Sign Cede Ordinance (071409).docc 17K I y 2 S 21 0 0; 9 'h"" 3 .......... . ..... 721mr.". Z lot!- W.M1 'r- Ma M. -11IN"'a a-M 0 M Ism NOR . .. lie *I- AM* - 21ft-MM' lot!- W.M1 'r- Ma M. -11IN"'a a-M 0 M Ism NOR Pal-e 47 of 88 Words stnick thr-ou- gh are deleted, words underlined are added 1:108 Amend the LDC%Sign Code*\CAO's Ordinano--'A Sign Code Ordinance (071409).doc . .. lie . ........... - tot Pal-e 47 of 88 Words stnick thr-ou- gh are deleted, words underlined are added 1:108 Amend the LDC%Sign Code*\CAO's Ordinano--'A Sign Code Ordinance (071409).doc PIWMiRated witt---pas-f�ed t6lbiRg ka "ReOR") and (3) iRdwdes a fFqR' paRel that is GleaF GF tFapsluGent (exGept foF signs--4kff*Rated- with gas filled tubiRg aka "ReOR"). The GRIY al'GWable 'IjUMiR-AfiA-R So'-IFG-e(s) fGF said --!g- ndeSGeRt, flU GFeSGeRt, halogeR lamp, Light ER* inn --Diode� i74beF eptiG light or gas Pled tubing (aka "ReGR). The illWMiRatiGR SGUFG Se iR ghtRess, OF G- ng--G,919F. NGthiRg iR this PFGViSi9R is to be G9RStFUed to allow a SjgR that WGLLle4-,!itla,=nlfiCe be prohibited by this Code - vv. !Rtema! diref 9" gRS feF iRstitutiGnal eF 9GV9FRMeRtal fac;ilities that •aqpet be seerf-4rom-a bUttiRg Fight of way. EaGh sigR shall' lbe RG higheF than L. feel, in ll,,eight, or la;:geF than 694 square feet. X. a= tttt7r a! Shelf PaRtiRg AFaa SlgRS, PPE)Vided suah sigRs do Rot violate seGtiGR 3.05.119 A.6 of this (;Gde, Y. Preserve SiqRs, PFE)ViGied SUGh SigRS do Rot violate subseGtj9R 3.05.04 G of this Code. 5.06.06 Prohibted S^- !.-,' shall be u-Rl--kA4ul to apeGt, GaUS9 to be -3peGted, maiRtaiR G', -----e to be maiRtaiRed, aRy SigR Rot expFessly authorized by, 9:: exempted from this GGde, The fGl19WiRq S;O--- -Foh;�, A. �;igRs whiGh ape 41 viGlatiGn Grl the buildiRg Gqde ep alerAkal G9de adopted R 6 b a-49-ne'd sigriss. Q. aGtivated --ept speGial PUFPGSe time and t e pAFa Fe - sfgFrs -aR- ba�i:-peg e SlgRS GGM lyiRg with seGtigR 5.09. D. Cl Shinn Si,-nS or Feade7- -b`�S`7 E. Reltatiqg—sigRs—o; displays, 8XGept bapbeF pole SiGRS GOPRPI�'iRg W4,4 any F-36ideRtially tined --, Used d StFIGt, eXGept ,RS FessideRtial Rameplates, ---d sz+r= tha"rze-444mtrCby se t or muted light. NeRFesideRt4 uses wiihi;4 Pesideqtially iced 9' �G)Red BistF allowed the .4se of i44miRated B;gRS, SU - jeGt to the approval of the j 69MM61R;ty his deS fptie &7 S +gyp !GGated upon, within, GP GthePNiGe aRG;GaGhiRg YPGR GGHRty 9 ^ept- e pFGv!slqPs--eT -pubjiG rights of Wa as R:�-�mitted -if ed - -�Gq eFeGted—by 17---as--a,-n---P4-- —,-af4d�l --a gevemm.eRta;- ge =rued—=to be crested �4 - a-g4v--�RmeRtal ageRGY- I=i RiAbGaPOS- Paae 48 of 98 'Fords sttiztt�A'E 94otigll arc deleted, words underlined are added 1:108 Amend the LDC\Sign Code\GAO's OrdinanceA Sign Code Ordinance (071409)-doc MI. i s. Strip light9d gig44r,, NeGR type Sig RS, eXGept Reen S"--- With aR epaque ep #ans!UGent ld- ef GlireGt light, Within all GOmme4al and 'Rdwstr al diStFiGtS. ReFtable sips.- 2"=ZVM xUW='T=2r.T:xr--jr— �. PIN N 0 "not e . ....... ...... e t ---- - ------- WW- M • . ............ T�;keR as a WhE)!E?, GkS seriq6is liteFary, aptis#iG, p9litiGa la 4G VaIU9. its. M 71 -6 !' Page �e 49 of 88 Words are deleted, words underlined are added 1:108 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071409).doc it ARY SiqR Which iG 8FeGted 9F R;@iRtaiRed se as to Gbst;:uGt aRy firefighting eq64 t. WiRdew, deqr, ep GpeRiRg used as a R;eaRS -Of iRoFess Gr eqFeSS f-GIF 48 eGGape puppeses ;RG161diRg aRy 9P-_RiRq Peq6jiFed f9F PFE)PeF light and VeRtiiati9R. vv. ARy-skjpwhiGh GORIStA44t�4:affiG hazard, GF detFiMeRt tG tFa#G safety IUT FeasGq of it e, le-GatieR, Fee vemeRt, GE)RteRt, G91C)FiRg, E)� method .--f PIuR;iRatiG)R,--oF by 9bStFUOtffIg--G"' brig the ViSj9R Gf dFiVeFS G pedeStFiaRS. X. SiORS FRGURted OR a VehiGle, be it the FeGfl, heed, tF6IRk, bed, and So GR, W119F9 Said Gi9r; iG iRt9Rded to attraGt 9F may diStFaGt the att9Rti9> , -Gf Fq9terists foF the puppose of advertis!Rg a -61SIRE?SS, PF9cJUGt, the like, whethep Wirer—said vehicle is parked, aF Glr-iveR, 9XGIUdiRg aMeFgeRGY VehiGIC-65', IGGIURty tFaRSit VehiGieS providiRg diF9GtiORal GF F961te- f9rmatioR, , �Rd deliverer VehiGleG, WheFe 2 P99f MIDURted siqR dA_a_Q_ R-9t eXGeed tWO squaFe feet. This S9Gti@R Sh 11 Ret apply to FnagPA_1G type sips a PaiRt@d GF; 2 VehiGie, pp@vided said VehiGie is used iPI the GG61FSe ef Gpe�atiIDR ef a busiReSS, and whiGh aFe nE)t ethepNise ppeh,jbjted by th )A jS QE)de it Sh@11 1:�p nnns--inigFed 61f;la 4111 tp p�qpLl a vehiGIe-a,,4d-!G-F--#aflep with signs paiRtt9d, mouritted OF affixed, OR Site 9 sites etheF �fip. that at-;1-the i , r r GF seP4;Ge adverti-sed OR ARY S;-R USeS fiaShiRg or revelviRg kghts, OF GORtaiRS the words 'QaRge"," 9;: aRy Gltlziep wepds, phrase, symbGI, Gr s#a --ter with, mislead, @F Ganfus VehiGY'@F #_affiG, advei"Fires eF PUbIiGiZeS @R aGtivity REA GE)RdUGted OR th-- p� Fn!ses Up--,P. is maiRtaiRed, exGapt as the use pr-avided-fG,, withiR this G-9-de, AA. No sign shad be plaGed OF perp;itted as a principal- se se GR-aRy ppepee4y, -_RY �G-RIP19 diStI-jGt eY-Gept 2S :EGI19' S=U PiG- S-ignST-J)Gfiti Gal SigRG -G; sigins appFeved by te.mpera;-t-p;-2,��mit--.ursuar;t to the time limit GRS Se fG4� eF&iR7 9 E3. !Rflatabie sigRs-. 99. AG 'Rt t g-as defiRed iR thiS (;Ode- iriside e5 -tiff #;e sil 1-hal. —GL1 R'Irr with the PF@Vi6iGR-3 r -LGc', R 5.96.0.5 0.5-T c)f t Ode aFe ex SeGtiGR. Hymap PF9dUGtS. FF. /I,#aGhpn.eRts te S;gRS, SUGh aS ballooris aura StF-_-_.F"eFs. Pa-e 50 of 88 Words si4:u& ih,-@uEEh are deieted, words underlined are added 1:108 Amend the LDCIS!gn Code\CAO's OrdinanceA Sign Code Ordinance (C171409).doc Ag---nd" a 1t it 3. 17 � K J uly 28.2109 � '_' 0 3 1MCOMIUMM2 f r - ..MAW U.N. =M =1T.T.M.Pwalewa L lem M 111.10116 P w-lv Mr� 'T' '1M;3r-MW.r WZIM& W a=. . ......... I M ra rM.T. M = M. 012L M.MwWT'_T-QvT._. -- C- - 1 2. WheFe aRy SigR er pa4 eGPAoJ.ate-s44is Code, the CouRty MaRaga- his de-sigRee may Rstitute aRy apprepFiate aGtio��FQIG �_ pFeVeRt, PestraiR, GGFFeGt,-4��.- abate a Vielati@R Gf thiS laW, Geunty (;Gde ERfGF G_ 9GaFd against the ewReF, ageRt, eF ether peFseRs maiRtaiRi Page 51 of 88 Words &t:t �-?� are deleted, words underlined are added t:108 Amend the LDC\Sign CodeXCAO's Ordinance\A Sign Code Ordinance (071409).doc 21MUMM- 2. WheFe aRy SigR er pa4 eGPAoJ.ate-s44is Code, the CouRty MaRaga- his de-sigRee may Rstitute aRy apprepFiate aGtio��FQIG �_ pFeVeRt, PestraiR, GGFFeGt,-4��.- abate a Vielati@R Gf thiS laW, Geunty (;Gde ERfGF G_ 9GaFd against the ewReF, ageRt, eF ether peFseRs maiRtaiRi Page 51 of 88 Words &t:t �-?� are deleted, words underlined are added t:108 Amend the LDC\Sign CodeXCAO's Ordinance\A Sign Code Ordinance (071409).doc �s��� •• 1p lei .00 a Alnthinn rnntaiRed shall nrevent GF Fe Strint the r rRty tram t lirri Sao 8iii£{ l:,tA464 aGtigR iR aRy Ge-Ei t Of G9h^�e # {-1 it3ti9R -a-s -i n _ sa r to prevent n! FeMe y @Ry ViGlatieR 9F f 9nGB v iRGILJ e, brut Sh i RGt be limiters to an equitable a ti9R far inir inntjVe 'F iief eF aGtjGR at law fa., damages. vanc-r- Tam t -,- i it #; GGURty 49MI PF9 GG fGFG eRt bGa,,d established the GUbs 4aFy -9f 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION A. Definitions. The definitions of the following terms shall apply to the requirements of the Land Develooment Code, in oarticu!ar this section 5.06.00. to be known as the "Collier County Sign Code." Activated sion: Ar �v sion which contains or uses for illumination anv licsht lighting device, or lights which chanae color, flash, or alternate; or change appearance of said sign or any part thereof automatically; any sign which contains moving parts as part of its normal operation, such as rotating signs, t' t� Shall u,. considered an- activated sign, . AnimatediActivated stun: A sign depicting or involving action, motion, through electrical or mechanical means. . vv ling si'q 1: <a,ia car oip Sigii or marquee SiCtrrl: A Sig; Suspended ! .n Page 52 of 88 Words arc deleted; words underlined are added 1:108 Amend the LD01Sign Code1CAO's Ordinance\A Sign Code Ordinance (071409).doc :ii i :7 or forming part of a shelter supported partially or entirely by the exterior wall of a building or structure. Banner sign: A temporary sign on lightweight material and either enclosed or not enclosed on a rigid frame, and secured or mounted to allow motion caused by the atmosphere. Billboard sign: A sign advertising an establishment. merchandise service, or entertainment, which is not sold, produced, manufactured, or furnished at the premises upon which the sign is located Bulk permit: A permit issued for any number of signs. Canopy sign: (See Atoning, sign.) Changeable copy: A sign or portion of a sign upon which messages may be changed manually through the utilization of attachable letters. numbers symbols and other similar graphics which are mounted in or on a track system. Construction sign: A sign erected on premises under construction. Directional sign: A ground or wall sign located within or at the exit or entrance of a parcel or development. DirectoN sign: A sign located at the entrance to a multiple- occupancy parcel or multiple parcels developed under a unified plan of development. This sign may be a freestanding (pole, monument or ground) awning, or wall sign. Double -faced sign: A sign having two display surfaces displaying the same copy on both faces, which are parallel and back -to -back and not more than 24 inches apart. Double -faced signs shall be measured by only one side if both sides display the same message /graphics. Electric sign: Any sian containing electrical wiring but not including signs illuminated by exterior light sources, such as floodlights. Flaa: A sign made of material secured on 1 side from a flagpole such that the sign material hangs when not set in motion by the movement of air. Flagpole: A freestanding, ground mounted, structure or a structure mounted to a building, or to the roof of a building and used for the sole purpose of displaying -a flag. Freestandh7gsign: (See Pole sign.) round sign: A sign that is supported by one or more columns upright poles, or braces extended from the ground or from an object on the around or that is erected on the ground, where no part of the sign is attached to any part of a building. Hand -held sign: A sign held or waved by a person. Illuminated sign: An illuminated sign is one which either (a) provides artificial light through exposed bulbs, lamps, or luminous tubes on the sion surface: (b) emits light through transparent or translucent material from a source within the sign or (c) reflects light from a source intentionally directed upon it Pale 53 of 88 Words are deleted, words underlined are added 1:108 Amend the LDCISign Code1CAO's Ordinance\A Sign Code Ordinance (071409).doc Inflatable sign: Any object made of plastic, vinyl. or other similar material that, when inflated with gas or air, represents. advertises, or otherwise draws attention to a product, service, or activity. Institutional use: Five or more contiguous acres developed under unified ownership as part of a unified plan of development and used predominantly for educational, medical or governmental purposes. Mansard sign: Any sign which is attached to a mansard -style roof with the face parallel to the structure to which it is attached and which does not project more than 18 inches from such structure or above the roofline. Mansard signs shall be considered wall signs. M,arguee sign: (See Awning sign Mobile billboard. Any sian displayed upon a vehicle where the principal purpose of the vehicle is not general transportation, but the display of the sign itself. Monument sign: A around sign with low overall height. Typically, the base is nearly as wide as the sign itself. Mural sign: A sign that is a painting or an artistic work comprised of photographs or arrangements of color that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicted on vinyl, fabric, or other similariv flexible materiais that is held in niace flush or flat acainst the surface of a building. fOncot 'Orm:ng sign,: Any sign or advertising structure lawfully _ in � existence within Collier County on the date this ordinance became effective (November 14. 1991) or was subsequently amended, which by its height, area, location, use or structure does not conform to the requirements of the sign code. Th s definition shall not be construed to include signs specifically prohibited by this LDC. Off - premise directional siary A sign that is displaved for a buildina, structure, or use that is located on another premise. A billboard is not an cff- premise directional sign. On- nrembs s sign. A sign displaved on a premises, A Ginn containing non- commercial speech is considered an on- premises sion. Pennant sign: A trianauiar shaped sign or series of signs made of paper, plastic, or fabric of any kind intended to be hung by being tethered along its base. Permanent sign: ,A sign which_ is affixed to a building pr the ground in such a manner as to be immobile. Poie sign: A sign 8 feet in height or greater that is independent of supao; ng;y� ;da !tern No. , 17K the space provided for display consists of a changeable copy sign. Proiecting sign: Any sign which is attached to and which projects, more than 18 inches from the outside wall of any building or structure, excluding wall, marquee, and canopy signs. Real estate sign: A ground or building sign erected on premises for sale lease, or exchange. Reasonable repairs and maintenance: The work necessary to keep the sign, including the sign structure, in a goad state of repair but shall not include replacement of materials in the sign structure or any change to the graphics or message displayed. Revolving sign (a/k/a rotating sign): Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface is oriented. Roof sign: Any sign erected, constructed, or maintained either on the roof, or more than 18 inches above the roof of any building. Sandwich board /sidewalk sign: A sign not secured or attached to the .ground or surface upon which it is located, but supported by its own frame and most often forming the cross - sectional shape of the letter A when viewed from the side. Sandwich board/sidewalk signs are not considered portable signs. Sign: Any visual representation intended to advertise, identify, or communicate information to attract the attention of the public for any purpose and includes any symbols, letters, figures, illustrations, graphics or forms painted or otherwise affixed to any structure or device. Sign area: The entire area within the periphery of a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all the elements of the matter displayed. Signs consisting of detached letters shall also be measured as defined above. Sign face: The area, display surface, or part of a sign on which the graphic is placed. Sign structure: Anv structure which supports or is capable of supporting sign. This definition shall not include a building to which a siqn is attached. Snipe sign: A sign made of any material and attached to a utility pole tree, fence post, stake stick, mailbox, or any similar obiect. T•emoorary sign: A sign bearing a message which is displayed before during and after an event, to which the sign relates and which is scheduled to take place at a specific time and place. Unified development plan: Land, under unified control, to be planned and developed as a whole in a single development or a programmed series of development phases. _V- shaped sign: Two single -face freestanding signs that are constructed in the form of a "V" when viewed from above, provided the internal angle at the Page 55 of 88 wGrds --- . -- aug are deleted, words nnderiined are added ]:108 Amend the LDC1Sign COde1CAO's Ordinance\A Sign Code Ordinance (071405).doc apex is not more than 90 degrees and the two faces are not separated by more than six inches at the apex and displaying the same message on both faces. _Wall sign. fascia or parapet: A sign affixed in a manner to any exterior wall of a building or structure, and which is parallel to and projects not more than 18 inches from the building or structure wall, and which does not extend more than 18 inches above the roof line of the main building. Signs attached to parapet walls shall not exceed the height of the parapet wall. Window sign: A window sian which is painted on, attached to, or visible through a window. excluding displays of merchandise. Page 56 of SS Words are deleted, words underlined are added 3108 Amend the LDC%Sign COde1CAO's Ordinance"A Sign Code Ordinance (071409).doc 5.06.09 Generally A. Purpose and intent. The purpose of this sign code is to provide minimum control of signs necessary to promote the health, safety and general welfare of the citizens of Collier County, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county, by assuring good and attractive design that will strengthen the count appearance and economic base, and by preserving the right of free speech and expression in the dispiaV of signs. 5.06.02 Development Standards for Signs within Residential Districts A. Noncommercial signs are allowed in all districts and may be substituted for an sign expressly allowed under this ordinance, and anV sign permitted by this ordinance may display a noncommercial message. Noncommercial signs are subject to the same permit requirements, restrictions on size and type and other conditions and specifications as apply to the sign for which they are being substituted. B. Applicability. Signs within residential zoning districts, and in designated residential portions of PUD zoned properties shall be permitted as provided for in this section. 1. Development standards. a. Maximum allowable heicrht. All signs within residential zonin districts. and as applicable to designated residential portions of PUD zoned properties, are limited to a maximum height of 8 feet, .or as otherwise provided within this Code. Height shall be measured from the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost portion of the sign structure_ b. Minimum setback. All signs within residential zoning districts and as applicable to designated residential portions of PUD zoned properties shall be located no closer than ten feet from the property line, unless otherwise noted below or as provided for in section 9.03.07 of the LDC. When a property line encompasses a portion of the roadway, then the setback shall be no less than 10 feet from the edge of the roadway,-paved surface or back of the curb, as applicable, unless otherwise provided for in this section. c. If the applicant is not the property owner, then a copy of a notarized authorization letter between the property owner or property manager and the applicant is required, specifically Page 57 of 88 Words are deleted, words imderlined are added I: \0$ Amend the LDC\Sign Code \CAO's OrdinancelA Sign Code Ordinance (071409).doc authorizing approval of the erection of a sign on the subject uarcel. d. Double -faced signs shall be measured by only one side if both sides are the same. e. The use of fluorescent colors on sians is prohibited f. The permit number shall be displaved or affixed at the base of the sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing 5 feet in front of the base of the sian and. in no case shall the permit number be less than '/2 inch in size 2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following. a. One ground sign with a maximum height of 6 feet or wall, with a maximum area of 4 square feet, per street frontage for each parcel, or lot less than 1 acre in size. Such sign shall be located no closer than 10 feet from any adjacent residential property and may be placed up to the property line abutting a right -of -way, provided it is a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. No building permit is required. b. One around sign with a maximum heiaht of 8 feet or wall sign, with a maximum sign area of 12 sauare feet, per street frontage for each parcel, or lot 1 -10 acres in size. No building permit required. c. One pole sign with a maximum height of 15 feet or wall sign, with a maximum sign area of 64 sauare feet, per street frontage for each parcel o_ r lot in excess of 10 acres. A building permit is required. d. Real estate signs shall be located a minimum of 10 feet from any property line e. A real estate sign shall be removed within 7 days after a sale, rental or exchange has been completed. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is installed. 3. Open House Signs. a. Off- premises open house signs. Page -58 of 88 Words are deleted, words underlined are added 1:10$ Amend the LDC \Sian Code \GAO's OrdlnanceA Sign Code Ordinance (071409).doc Signs may only be displaved on supervised open house days, between the hours of 10:00 a.m. and 5:00 p.m. No flags, pennants, balloons, or other attention type devices may be used with such signs and they shall not be lighted or illuminated in any manner. ii. One sign may be placed in the public right -of -way abutting the subiect prooerty no closer than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable, No building or right -of -way permit is required. iii. Two signs may be placed within the public right-of-way for a supervised open house that is available for immediate viewing and examination by prospective buyers, renters, and /or lessees. Such signs shall be located no closer than 100 feet from another sign providing direction. (No building or right -of -way permit required.) iv. Signs shall not exceed 4 square feet in area and 4 feet in height: however, any such sign placed at an intersection may not exceed 29 inches in height as per section 6.05.05 of this Code. V. Signs may be placed in the right -of -way no closer than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable and shall not interfere with the visibility of pedestrians'or motorists. Additionaly, signs shall not be located within any median. vi. Sign Removal. Retrieval, and Disposal. Off - premises open house signs shall be prohibited except as specified above. Any such sign found to be in violation of this section shall be removed by the County Manager or designee. All such removed signs are subject to disposal by the County. This section shall not inhibit nor prevent anv other enforcement actions that may be deemed appropriate. 4. Construction signs. Signs may be erected and located upon the site under construction. Such signs shall be securely built and allowed under the following restrictions. a. One around sign with a maximum height of 6 feet or wall sign, with a maximum sign area of 4 square feet, may be used as a construction sign or as a permit board within each front yard for each parcel less than one acre in size. No building permit is required. b. One around sign with a maximum height of 8 feet or wall sign; Page 59 of 88 Words stFuek-4-wmigh are deleted, words underlined are added 1:108 Amend the LDC1Sign Code1CAO's Ordinance',A Sign Code Ordinance (071409).doc with a maximum sign area of 12 square feet, may be used as a construction sign or as a permit board, within each front yard for each parcel 1 -10 acres in size. No building permit is required. c. One pole sign with a maximum height of 15 feet or wall sign, with a maximum sign area of 64 square feet, may be used as a construction sign or as a permit board, within each front yard for each parcel in excess of 10 acres. A building permit is required. d. In addition to those signs identified above, 19round or wall sign, with a maximum sign area of 4 square feet and a maximum height of 5 feet, may be used as a construction sign regardless of parcel size. No building permit required. e. Construction signs may be placed on a site when either a building permit is issued or a permit is issued to clear the site. All constructions signs shall be removed prior to the issuance of a certificate of occupancy for the structure. 5. On- premises directional signs. Directional signs no greater than 4 square feet in area, 4 feet in heiaht and located internal to the subdivision or development may be allowed under the following restrictions. a. Each sign shali be setback a minimum of 10 feet from the edge of the roadway. paved surface or back of the curb, as applicable. b. These signs may be combined into 1 sign with a maximum area of 24 square feet and a maximum height of 8 feet. Such combined signs require a building permit. 6. On- Dremises signs within residential districts. Two ground signs with z maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to a multi- family or single- family development and mobile home or recreational vehicle park subject to the following reouirements: a. Such signs shall maintain a 10 -foot setback from any property line unless placed on a fence or wall subject to the restrictions set iuftli in seCtiuii c.uI.u2 r�i�ces di1G vvails. rurnermare, riGge signs located on private bridges directly leading to private communities shall not be considered off - premises signs. Bridae signs complying with the requirements of section 5.06.02 may be substituted for ground or wall signs in residential districts. b. The ground or wall signs shall not exceed a combined area of 64 square feet and shall not exceed the height or length of the wall or gate upon which it is located. C Architectural embellishments less than 10 square feet in area shall not be considered signs and shall be allowed throughout the Paue 60 of 88 Words soh -Hef are deleted, words underlined are added 1:108 Amend the LDC \Sign Code1CAO's OrdinancelA Sign Code Ordinance (071409).doc ,ily 28. ZDC, 3 page 75 01 1 (iii development. However, should such architectural embellishments be located closer than 10 feet to any sign, then the architectural embellishment shall be counted toward the permitted sign area of such sign. d. Official Address Numbers or range of Official Address Numbers shall be displayed in numerals at least 6 inches high on the upper 50 percent of the sign face and located such that it shall not be covered by landscaping or other appurtenances. Where signs are erected on streets that do not match the Official Address Number of the building, no address numbers shall be posted on the sign. 7. Signs for nonresidential uses within residential zoning districts and as applicable to designated residential portions of PUD zoned properties: a. Such signs shall follow the requirements for signs within nonresidential districts, except as follows: i. Illuminated signs shall not be allowed facing residential uses unless the nonresidential use is separated from the residential use by an arterial or collector road. ii. Commercial signage for conditional uses within residential and agricultural districts. 8. Conditional uses within the residential and agricultural districts. a. Properties granted conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet. Corner lots are permitted two such wall signs. b. Properties granted conditional uses within the agricultural district in the urban area residential and estates districts with a street frontage of 150 feet or more are permitted a ground sign with a maximum height of 8 feet and a maximum area of 44 square feet. 9. Single- farrtily residential signs. In all residential land use districts and agricultural district properties used for single- family residential use as designated in the Collier County Land Development Code, a. One noncommercial around or wall sign shall be allowed per premise. not to exceed 6 square feet in sign area or 3 feet in heioht. b. Home occupation signs are not permitted. See section 5.02.00. C, Nothing contained in this section shall be construed to permit the display of signs when otherwise prohibited or restricted by private restrictions or covenants of residential property. 10. Mobile billboard. It shall be unlawful for any person to display any mobile Page 61 of 88 Words struelti tl gh are deleted, words underlined are added 1s \08 Amend the LDC\Sign Code \CAD's OrdinancelA Sign Code Ordinance (071409).doc .. y billboard. 11 _ Flaps & Flagpoles. Residential properties including Estates, Con & Agricultural zoned districts with residential uses that have been issued a certificate of occupancy are permitted up to three flags on a single flag- pole. a. On single - family and duplex lots a flagpole shall not exceed 30 feet in height above finished grade or extend more than 20 feet from any building to which it is are attached'. b. On all other residentially zoned parcels a flagpole shall not exceed 35 feet in height above finished grade or extend more than 20 feet from any building to which it is attached. C. Residential developments at least 10 acres in size _ havin multiple entrances may have up to 3 flagpoles at each entrance that provides ingress /egress off an arterial or collector road, provided that there is a minimum 300 -foot separation between entrances. i. Four additional flagpoles may be permitted within a residential development provided that the flagpoles are not visible to motorists along any frontage roadway d. Flagpoles in excess of 15 feet shall have the flagpole foundation or flagpole attachment design /construction Dian signed and sealed by a professional enaineer licensed in the State of Florida. The design /construction plan shall indicate the maximum flag area that the flagpole is capable of supportina. e. All flagpoles shaii have a minimum five foot setback from all property lines. f. All flagpoles that are permitted must display their permit number at the base of the flagpole in, at minimum, '/2 inch numerals. 5.05.03 Development Standards for Signs for institutional uses A Applicability. These requirements apply to signs for institutional use facilities where signs are informational and contain no commercial message. 1. Signage for these facilities is exempt from the requirements provided in section 5.06.02 B.8. Conditional uses within residential and agricultural districts. Page 62 of 88 Words are deleted, words underlined are added ia08 Amend the L©C\Sign Code1CAO's OrdinancelA Sign Code Ordinance (071409).doc r °g. ty f')j 'U.3 2. In addition, the number of signs location and distance restrictions per section 5.06.04 E. shall not apply to institutional use signape. 3. Applications for such sign permits must be applied for according to the requirements of section 5.06.11 of the LDC. 5.06.04 Development Standards for Signs in Nonresidential Districts. A. Noncommercial signs are allowed in all districts and may be substituted for an sign expressly allowed under this ordinance, and any sign permitted by this ordinance may display a noncommercial message. Noncommercial signs are subject to the same permit requirements restrictions on size and type, and other conditions and specifications as apply to the sign for which they are being substituted. B. Applicability. Signs within nonresidential zoning districts and in designated nonresidential portions of PUD zoned properties shall be permitted as provided for in this section. C. Development standards. 1. The maximum size limitation shall apply to each structure_ Pole or ground signs may be placed back to back or in V -type construction, when both sides bear the same graphic display: then such sign structure shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non - revolving and said light shines only on the owner's premises or signs and away from any right -of -way. 3. The use of accent lighting as defined by the Land Development Code is prohibited on sians. 4. The use of fluorescent colors on signs is prohibited. 5. If the applicant is not the owner of the property, then _a copy of a notarized authorization fetter between the proper owner or property manager and the applicant is required, specifically authorizing approval of the erection of a sign on the subiect parcel. 6. Official Address Numbers and /or the range of Official Address Numbers shall be posted within the upper third portion of the sign face for commercial signage that utilizes the following skin Wipes: pole sign ground sign, and directory sign. Address numbers on signs shall be a minimum height of 8 inches. Where signs are erected on streets that do not match the building address, no address numbers shall be posted on the sign. Address numbers shall not count as siqn message or graphics unless address numbers exceed 12 inches in heiaht. Pale 63 of 88 Words �5 are deleted, words underiined are added 1:108 Amend the LDC \Sign Code \GAO's Ordinance\A Sign Code Ordinance (071409).doc 7. The permit number shall be displayed or affixed _at_ the base of the sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing 5 feet in front of the base of the sign and in no case, shall the permit number be less than'/ inch in height. 8. Double -faced signs shall be measured by one side only if both sides display the same graphics. 9. No signs shall be permitted on a vacant lot or parcel, unless a building Permit or clearing permit has been issued, with the exception of real estate signs which may be allowed on parcels less than 10 acres. D. Real estate signs shall be permitted in nonresidential districts subiect to the following: 1. One Around sign with a maximum height of 10 feet or wall sign with a maximum sign area of 12 square feet per street frontage for each parcel or lot less than 1 acre in size. No building permit is required. 2 One ground sign with a maximum height of 10 feet or wall sign with a maximum area of 32 square feet per street frontage for each parcel, or lot oft -10 acres in size. No building permit is required._ 3. One ground sign with a maximum height of 15 feet or wall sign with a maximum sign area of 64 square feet Der street frontage for each parcel or lot in excess of 10 acres in size. A. building permit is required. 4. Real estate signs shall be located no closer than 10 feet from an wroperty line. When a property line encompasses a portion of the road, then the setback shall be no less than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable, unless otherwise Drovided for in this section. 5 Deal estate signs shall be removed when an applicable temporal y use permit has expired. or within 7 days of any of the following conditions: ownership has changed: or, the property is no longer for sale. rent, lease or exchange. E. Construction signs. Signs may be erected and located upon a site under construction. Such signs shall be securely built, and allowed under the following 1. Signs shall be located a minimum of 10 feet from any property line. 2. One ground sign with a maximum height of 10 feet or wall sion with a maximum sign area of 12 square reef is allowed within each front yard for each parcel less than one acre in size. No building permit is required. 3. -One ground sign with a maximum height of 10 feet or wail sign with a n grim rn sign area of '�2 square feet is allowed within each front `hard for each Darcel 1 -10 acres in area. No building permit is required. Page 64 of 88 "lords °'-^ � are deleted, words underlined are added 1:108 Amend the LDMSign Code1CAC's Ordinance \A Sign Code Ordinance (07 409).doc Jj1Ny -8. _DO9 mar v ?� 4. One pole sign with a maximum height of 15 feet or wall sign with a maximum sign area of 64 square feet is allowed within each front yard for each parcel in excess of 10 acres in size. A building permit is required. 5. In addition to those signs identified above, 1 ground or wall sign with a maximum area of 4 square feet and a maximum height of 6 feet, may be used as a construction sign regardless of parcel size. No building permit required. 6. Construction signs may be placed on a site when either a building permit is issued or a permit is issued to clear the site. All constructions signs shall be removed prior to the issuance of a certificate of occupancy for the structure. F. On- premise signs. On- premises pole signs, ground signs. projecting signs _wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subiect to the restrictions below: 1. Pole or ground signs, Single- occupancy or multiple - occupancy parcels, having frontage of 150 feet or more on a public street or combined public street frontage of 220 linear feet or more for corner lots shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000 -foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed 2 per street frontage. a. Maximum allowable height. All pole or around signs within nonresidential zoning districts and as applicable to designated nonresidential portions of PUD zoned properties are Limited to a maximum height of 15 feet when located along an arterial or collector road and 12 feet for all other roads except as otherwise provided herein. Height shall be measured from the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost portion of the sign structure. b. Minimum setback. All pole or ground signs within nonresidential zoning districts, and as applicable to desianated nonresidential portions of PUD zoned properties, shall be located no closer than 10 feet from any property line. _. C. Maximum allowable sign area: 80 square feet for pole or around sicins located along an arterial or collector road and 60 square feet for all other roads. J. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and or materials common to those used in the design of the building to which the sign is accessory. Page 65 of SS Words . tF_ek-dw,u h are deleted, words underlined are added 1:108 Amend the LDCISign Code1CAO's Ordinance\A Sign Code Ordinance (071409).doc e. A minimum 100 square foot landscaping area shall be provided around the base of any ground sign or pole sign. f. Ground signs for smaller lots. Single occupancy or multiple occupancy parcels shall be allowed 1 ground sign provided the following minimum requirements, as applicable, are met.: i. For those lots or parcels with public road frontage of no less than 100 feet but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels: a) No portion of the around sign may be located closer than 10 feet from any property line. b) A landscapina area of na less _ than 100 square feet shall be provided around the base of the around sign. C) The ground sign design shall include features common to those used in the design of the building(s) to which the sign is accessory. d) The ground sign may be double -sided but cannot be placed in a V- shape. e) Any illumination of the sia_n shall be non - revolving and shine away from any right -of -way_ An electrical permit is required and the sign shall meet tl�e standards of the National Electric Code, as adopted by Collier Countv. f) The Official Address Numbers and/or the range of Official Address Numbers for the property shall be displayed in numerals at least 8 inches high on all of the sign faces and shall be located so as to not be covered by landscapina or other impediments: Address numbers shall not count as sign message or rq aphics unless address numbers exceed 12 inches in height. q) No other freestanding signs shall be allowed on the same loft or parcel. Ii. For those lots or parcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a! The around sign shall be limited to 8 feet in height. as ; Measured from the lowest centeriine rg ade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification: and b1 The maximum allowable sicsn area is 32 square fact Page 66 of 88 Words s# e is are deleted, words underlined are added L\08 Amend the LDC1Sign Code%CAO's Ordinance\A Sign Code Ordinance (07i409).doc n ri, a I,erp, ''d 0. 17K Jill 28. 20'?9 C ,, iii. In addition, for those lots or parcels with frontage of 100 to 120.9 feet; a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign_ structure regardless of the roadway classification; and b? The maximum allowable sign area is 16 square feet. 2. Outparcels. in addition to the above requirements, signs for outparcels, regardless of the size of an outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code, outparcels may by allowed 1 additional 60 square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right -of -way. In no case shall the number of wall signs for an outparcel exceed 2 signs; and, b. A single ground sign for outparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple - occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 25,000 square feet or more of leasable floor area will be permitted 1 directory sign. One directory sign, containing a minimum of 4 panels and a maximum of 8 panels shall be permitted for 1 single entrance on each public street. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 9.03.07. C. Maximum allowable sign area: 150 square feet for directory signs. d. A minimum 100 square foot landscaping area shall be provided around the base of any directory sign. 4. Wall, mansard, canopy or awning siqns. One wall, mansard, candy or awning sign shall be permitted for each single - occupancy parcel, or for each unit in a multiple - occupancy parcel. End units within shopping centers. multiple- occupancy parcels, or single occupancy parcels where there is double frontage on a public right -of -way, shall be allowed 2 signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length Page 67 of 88 Words sia "- ihre>*gh are deleted, words underlined are added L\08 Amend the LDC1Sign Code\CAO's OrdinancelA Sign Code Ordinance (071409).doc of more than 200 linear feet. are allowed 3 wall signs; however, the combined area of those sians shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable disolav area for signs shall not be more than 20 percent of the total square footage of the visual facade including windows of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59.999 square feet and 250 square reef ror buildings over 60,000 square feet in area. b. No wall sian shall exceed 80 percent of the width of the unit(s) or the building with a minimum of 10 percent clear area on each outer edge of the unit(s) or of the building. The clear area; however, may be reduced in width or eliminated if it interferes with the architectural features of the unit(s) or the building. C. No wall or mansard sign shall project more than 18 inches from the building or roofline or exceed the height of the parapet wall to which it is attached. d. Additional signs are allowed on facades located interior to courtyards and shopping malls and the like provided the signs are not visible from any public property (e.g. street. right -of -way, sidewalk, alley). interior drive. parking lot or adjacent private property. e In addition, anv non - illuminated sign located in a window shall not exceed 25 percent of the window area_ No building permit required. i. Signs located in windows shall not be illuminated in any manner with the following exception: a) One sign per business establishment that is located in a window may have 225 square feet of illuminated si. nc�aae. f. Multi -story buildings with 3 or more stories are limited to 1 wall sign per street frontage not to exceed a maximum of 2 wall signs per building, but such signs shall not be placed on the same wall. Wall signs may be located in the uppermost portion of the building not to exceed the main roof or parapet. A notarized authorization letter is required at the time of buildina oermit submittal from the oror)erty owner or Fare 68 of 88 W0Ids `tFHf2' i�E are deleted, words underlined are added 1:108 Amend the LDC \Sign Code \CAD's Ordinance'A Sign Code Ordinance (071409).doc Property management company giving authorization as to which tenant signs will be allowed. ii. On first floor commercial units only, 1 wall sign shall be allowed not to exceed 20 percent of the total square footage of the visual facade of the unit to which the sign will be attached and shall not in Pny case exceed 64 square feet. This sign shall be located solely on the facade of the unit which the tenant occupies. 5 Menu boards: One sign with a maximum height of 6 feet measured from drive thru lane grade adjacent to the sign and 64 square feet of area is allowed per drive thru lane, not to exceed 2 signs per parcel. 6. Proiecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting_ sign shall not exceed 60 square feet of display area. a. Proiecting signs shall not project more than 4 feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right -of -way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of 8 feet above such pedestrian way. 7. Under- canoov /blade signs, In addition to anv other sign allowed by this Code, one under - canopy /blade sign shall be allowed for each unit in a multiple - occupancy development. This sign shall not exceed 6 square feet in area and shall be a minimum of 8 feet above finished grade. Under- canopy /blade signs do not require a building permit unless the sign is equipped with an electrical component. 8. Flags & Flagpoles. Nonresidential zoned properties that have been Issued a certificate of occupancy are permitted up to 3 flags on a single flagpole. a. On all nonresidential zoned properties a flawole shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which it is attached. b. Non - residential develoaments at least 10 acres in size havin multiple entrances, may have up to 3 flagpoles at each entrance that provides ingress /egress off an arterial or collector road, orovided that there is a minimum 300 -foot separation between entrances. Page 69 of 88 Words stFueiFt4ou are deleted, words underlined are added 1:108 Amend the LDC\Sign Code1CAO'S OrdinancelA Sign Code Ordinance (071409).doc i. Four additional flagpoles may be permitted within a non- residential development provided that the flagpoles are not visible to motorists along any frontage roadways. C. All nonresidential flaapoles shall have the flagpole foundation or flagpole attachment design /construction plan signed and sealed by a design professional as provided for in the Florida Building Code. The design /construction plan shall indicate the maximum flag area that the flagpole is capable of supporting. d. All flagpoles shall have a minimum 5 -foot setback from all property lines. e. All flaapoles that are permitted must display their permit number at the base of the flagpole in numerals a minimum of 1/2 inch in height. 9. Temporary signs. A temoorary use permit is required to erect a temporary sign as set forth in section 10.02.06 G., unless otherwise provided herein. Applicants for temporary sign permits shall pay the fee established for a temporary sign permit. Temporary signs shall be allowed_ subiect to the restrictions imposed _b this section and other relevant parts of this Code. Temporary use permits for special events signs are located ire section 5.04.05. a. T emporary signs. An occupant of a parcel. multi - tenant parcel or mixed use building may display 1 on -site temporary commercial sign or 2 such signs for properties containing more than 1 street frontage, not to exceed 32 square feet in area or 8 feet in height. See subsection 5.04.05 A for time limits on the display of temporary signs. i. Such signs shall be located a minimum of 10 feet from any property line. b. Temporary sign covers made of vinyl or canvas may be authorized for an existing around or pole sign, under the following conditions: i. A blank sign cover made from all -white material, shall be allowed for 90 days, after which time the cover shall be removed, regardless of whether or not the si_ n face has been replaced. A permit is not required. ii. A sign cover made from all-white material, displaying graphics limited to 32 square feet, shall be permitted for 14 ,.t... n 'e use ln\ n Uav5. r-� ,.rii�.�vrary ase air mil t + �r � is required. n Pao-- 70 of 88 Words stTuc4ihrough are deleted, words underlined are added L108 Amend the LDC1Sign Code!CAO's OrdinanceyA Sign Code Ordinance (071409).doc maximum of 2 temporary use permits may be issued within 12 consecutive months. If the graphics are removed from the cover, it may remain for the balance of the 90 days. a) Submittal requirements for a TUP include an application deemed sufficient by County staff, a dimensioned drawing of the graphic, which may appear on both sides of the cover, and the permit fee as indicated in the CDES fee schedule. 10. On- premises directional signs may be permitted within nonresidential zoning districts intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On- premises directional signs shall not exceed 6 square feet in area and 4 feet in height. On- premises directional signs shall be limited to 2 at each vehicle access point and a maximum of 4 internal to the development. Internal signs are not intended to be readily visible from the road. a. Directional signs located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. b. Directional signs may be combined into a single sign not to exceed 6 feet in height and 64 square feet in area. Such signs shall reauire a building permit. 11. On- premise signs within agricultural districts. a. in the rural agricultural area designated on the future land use map of the growth management plan. On- premises signs shall be permitted within agriculturally zoned or used property, for aari- commercial uses defined within the Collier County zoning ordinance only. and subject to the following restrictions: One pole or ground sign. located at the entrance or gate of each street frontage. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet and shall be located a minimum of 15 feet from any property line, public or private right -of -way or easement. b. On- premises signs within agricultural zoning districts in the urban area shall comply with the requirements of section 5.06.04 of the Land Development Code. C. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri- commercial uses defined within the Collier County Land a Development Code, and subject to the following restrictions: Page 71 of SS Words stFuek dureug are deleted, words underlined are added I: \08 Amend the LDCISign CodeICAO's OrdinanceA Sign Code Ordinance (071409).doc i. One wail or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Corner parcels or double- frontage parcels shall be allowed 1 sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wail to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. 12. liluminzted signs. All illuminated sitars shall have electrical components connections. and installations that conform to the National Electrical Code, and all other applicable federal, state. and local codes and regulations. Further, lighted signs shall be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or fluorescent: and shall have a steady non - fluctuating or non - undulating light source. 13. Mobile billboard. It shall be unlawful for any person to display any mobile billboard. 14. See section 5.05.05 of this Code for signage regulations for automobile service stations. G. Off-premises directional signs. Off - premises directional signs are permitted if the following requirements are met: 1. Off - premises directional signs shall be permitted only in nonresidential zoning districts, aoricultural districts and designated nonresidential components of IUDs. 2. No more than 2 one -sided or 1 double -sided off - premise directional signs shall be permitted for a building, structure. or use which is not visible from the rcadwav serving such building, structure, or use, provided: a. Each sign shall not be more than 12 square feet in area b. The sign shall not be more than 8 feet in height above the lowest center grade of the roadway adjacent to the sign location. C. The sign shall not be located closer than 10 feet to any property line. d. The applicant shall submit with the permit application, a notarized written letter of permission from the property owner where the off- premises directional sign is to be located. e The sign shall be located no more than 1,000 feet from the building, structure, or use for which the sign is displayed. Page 7L of 88 'orcis i are deleted, words underlined are added 1-t08 Amend the LDC"Sign Code1CAO'S OrdinancelA Sign Code Ordinance (0-1,1409) doc 3. Off- premises directional signs shall be located a minimum of 50 feat from a residential zoning district. 4. Off- premises directional signs shall be located a minimum of 100 feet from another off- premises directional sign. 5.06.05 Exemptions from These Regulations The following signs and actions are exempt from the permit requirements of this Code and shall be permitted in all districts subject to the limitations set forth below: A. Signs authorized to be disDIaved by law or by oc vernmental order, rule or regulation. 2. Prohibitory signs (e.g., no dumping, no trespassing) 3 square fleet in size or less may be allowed without a permit. 3. Reasonable repairs and maintenance. 5.06.06 Prohibited Signs A. _ Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. 1. Unpermitted snipe signs. - 2. Permanent signs located within County rights -of -way without a right -of- way permit. 3. Portable signs. 4. Roof signs. 5. Any description or representation, in whatever form of nudity, sexual conduct. or sexual excitement when it: a._ is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and b. taken as a whole lacks serious literary, artistic political or scientific value. 6. Animatedlactivated signs. 7. Clear or uncovered neon signs. 8. Any sign not in conformance with the requirements in sections 5 06 00 through 5.06.05 and 5.06.09. 5.06.07 Enforcement A. General. No sign shall be erected placed altered or moved unless in conformity with this Code. All signs located within Collier County shall comply with the followina requirements: Page 73 of 88 4'Y'ords :`��� are ueieted, words underiir3ed are added 1:108 Amend the LDC%Sign CodeIGAO's OrdinancetiA Sian Code Ordinance (071409).doc 21 . ._ "D 1. The issuance of a sign permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. 2. All signs for which a permit is required shall be subject to inspections by the County Manager or designee. The County Manager or designee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance shall be made during business hours. unless an emergency exists. The County Manager or designee may order the removal of any sign that is .not. in —compliance with the prov;sio1r Is c. + , hm Code, is impr ^uper Iy i Mali stained. or which would constitute a ha:zar d to the public health, safety, and welfare. 3. The County Manager or designee shall be charged with interpretation and enforcement of this Code. B. Enforcement_ procedures. Whenever, by the provisions of this Code, the performance of an act is required or the performance of an act is prohibited, a failure to comply with such provisions shall constitute a violation of this Code. 1. The owner, tenant, and/or occupant of anv land or structure, or part L and an architect, builder, contractor agent, or other person who knowingly participates in, assists, directs, creates or maintains any situation that is contra[ i� o the requirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein, Where anv sign or part thereof violates this Code. the Countv N/lanager ^r his designee may institute anv appropriate action or proceedings to prevent, restrain, correct. or abate a violation of this Code, as provided by law. including prosecution before the Collier Co Code Enforcement Board against the owner, agent. lessee, or other persons maintaining the sign, or owner. or lessee of the land where the sign is located. 3. If a sign is in such condition as to be in danger of falling, or is a menace to the safety of persons or property, or found to be an immediate and serious danger to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard Building Code, as adopted by Collier County shall over c n. 4. Code enforcement shall immediately remove all signs in violation of this sign code that are located in or upon public rights -of -way or public property. 6. Penalties. If any person firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates anv of the provisions of this Code, such person, firm. corporation or other entitv. upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1.000.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each _violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or Pa-e 74 of 88 Words :,nr-uelc °k. ft are deleted, words underlined are added [:108 Amend the LDC1Sign Code\CAO'S OrdinancelA Sign Code Ordinance (0 1409).dcc .iUit1 28. 'r'4!9 noncompliance shall be considered as a separate offense. a_ Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. b. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. Chapter 162. 5.06.08 Sian Variances A Applicability. A variance may be authorized by the Board of Zoning Appeals for any required dimensional standard for a sign including the following: height, area, and location; maximum number of and minimum setback for signs. B. Variances for signs. The Board of Zoning Appeals may authorize a variance from the terms of the sign code, based upon the evidence given in public hearing; the findings of the Planninq Commission; and the submittal of a completed variance application. 1. Variance criteria. A variance from the terms of this sign code shall not be :granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted demonstrating: a. ___That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other (ands, structures or buildings in the same district. ^ b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. C. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land building or structure. Page 75 of 88 Words =tpa��'�Y are deleted, words underlined are added 1:108 Amend the LDC1Sign Code1CAO's Ordinance\A Sign Code ordinance (071409).doe f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Manaaement Plan and will not be injurious to adiacent properties or otherwise detrimental to the public welfare. 2_ No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures and buildings in other districts shall be considered grounds for the issuance of a sign variance. C. The Board of Zoning Appeals shall adapt regulations for the review of applications for variances under this section,. including regulations lations for variance applications and notice and hearing procedures. The Board of Zoning Appeals shall make a decision on an application for a sign variance within 60 days after the Planning Commission has rendered a recommendation to the Board. 5.06.09 Nonconforming Signs A. A nonconforming sign shall not be enlaraed or altered in a wav that increases its degree of nonconformity. If any sign or portion thereof is to be altered, then the sign /sign structure is to be brought into compliance with all current arovisions of the LDC B. A nonconforming sign shall not be structurally altered to prolong the life of the sign. Reasonable repair and maintenance of nonconforming signs, is permitted. C. Should a nonconforming sign be damaged or destroyed by any means to an extent of more than 50 percent of its replacement value it shall not be reconstructed except in conformance with the sign code. D. Subject to the provisions of Section 70.20. Florida Statutes, a nonconforming sign, that has not displayed an on- oremises message for a period of 90 consecutive calendar days shall be presumed to be abandoned by its owner. This presumption can be overcome by clear and convincing evidence of non - abandonment. `. I N ing vui Mali led in t iiS 5iarii iOde �i i `ile Cu �jirtled tV rCiieVe cir�y C7er5�)n of the obligation to remove a sign which was required to be removed under prior law or ordinance. 5.06.10 Removal of Prohibited or Abandoned Signs. A. Prohibited signs on public property or in the right -of -way shall be removed immediately and may be removed by the County without notice. Page 76 of 88 Words sT+u k #ireug =x are deleted, words underlined are added 1:108 Amend the LDC1Sian Code\GAO`s Ordinance'•A Sign Code Ordnance (071409).doc arlUI a t::rn Nb. 17K _• fl w8, B. The owner, agent or person in charge of the premises shall remove all nonconforming abandoned signs and sign structures within 30 days after receipt of written notification. If the sign is not removed in a timely manner, then the violation shall be referred to the Code Enforcement Board. C. A conformina sign or sian structure shall be considered a conformin abandoned sign or sign structure 90 days after a business ceases operation at that location. The owner, agent or person in charge of the premises shall replace the sign face with a blank panel on all conforming abandoned signs and sign structures within 30 days after receipt of written notification by County Manager or designee, if the sign face is not replaced with a blank panel in a time[v manner, the violation shall be referred to the Code Enforcement Board. 1. All conforming abandoned signs and sign structures shall remain with the blank panels for no more than 3 years after a business ceases operation at that location. The owner, agent or person in charge of the premises shall remove all signs and sign structures within 30 days after receipt of written notification by County Manager or designee. If the sign or sign structure are not timely removed, the violation shall be referred to the Code Enforcement Board. D. When all buildings on a site are being demolished, all sians and sign structures must be removed from the site at the same time. The owner, agent or person in charge of the premises shall be required to include all signs being removed on the demolition permit. However, if the site is under consideration for a site plan and has a con €orming sicin and sign structure, the County Manager or designee may allow the owner, agent or person in charge of the premises to maintain the sign and /or the sign structure while under site plan consideration for a maximum of 1 year. E. The owner, agent or person in charge of a vacant property (no buildings) that has a sign or sign structure shall be required to remove all signs and siren structures within 30 days after notice by the County Manager or designee. If the signs and sign structures are not removed in a -timely manner, the violation shall be referred to the Code Enforcement Board. 5.06.11 Permit Application and Review Process A. Building Permit applications for signs. a_ . General. Any person who wishes to construct, install, rebuild. reconstruct relocate, alter, or change the message of any sign shall apply for and receive a building permit in accordance with the Florida Building Code as adopted by Collier County prior to the commencement of any work. A building permit will be issued by the County Manager or designee, Provided that all permit requirements of the Code and all other applicable provisions of the Collier County ordinances and regulations have been met. Page 77 of 88 Words el,--t peng4 are deleted, words underlined are added LM Amend the LDC\Sign Code \GAO's Ordinance\A Sign Code Ordinance (071409).doc y b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. C. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or 4is designee. d. Application contents. in order to obtain a permit to erect. place construct, install, rebuild, reconstruct, relocate, alter or change the sign graphics /message of any sign under the provision of this Code, an applicant shall submit a complete application provided by the building official which shall set forth in writing a complete description of the proposed sign includina: The name. address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The graphics /message to be placed on the sign face. V. Other information required in the permit application forms provided by the County Manager or designee; including two copies of the site plan, dimensioned elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subiect parcel. vi. Two drawings, certified by a Florida registered engineer or a Florida reaistered architect. of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all proiecting signs, and any around sign over 32 square feet or over 8 feet in height.. vii. Wail signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved C Ofli-�r C_ OUnty Building Code Ordinance IrCode 3 22_108 et seq.1 Flood Ordinance [Code ch. 62. art. 111, and the Coastal Building Zone Ordinance (Code ch. 22. art. VIII1. Any such sign or separate -art thereof 4b'I `•C' IS not mounted flush VJit t the sU face and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. if the sign or Sian graphics /message is to be illuminated or electronically operated, the technical means by which this is to be accomplished. X The Der Jt number shall be displayed or affixed at the base of the Pa,e 78 of 88 'Words 4R-as;-rl�- ,k are deleted, words underlined are added L \138 Amend the LDC1Sign Code \GAO's Ordinance \A Sign Code Ordinance (0714C9).doc IN t). '1-71K `l sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one -half inch in height. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. Permit Application Review and Time Limits Upon receipt of a completed permit application and upon payment of the appropriate permit fee by the applicant, the County Manager or designee shall promptly conduct a review of the application and the proposed sign. The County Manager or designee shall grant or deny the permit application within 60 days from the date the completed application was determined to be sufficient. C. Issuance or Denial of Permit 1. The County Manager or designee shall issue the permit if it is determined that the application meets the requirements contained in this sign ordinance and it is determined that the proposed sign will not violate any building, electrical or other code adopted by Collier County. 2. The County Manager or designee shall deny the permit if it is determined that one or more reasons for denial exists, including noncompliance with this Sign Code and any building, electrical or other adopted code of Collier County. The County Manager or designee shall make a written report of the denial and the reasons therefore. A copy of the report shall be sent by mail or other method to the designated return address of the applicant. D. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. 1. Within 30 days of the date of the written denial, the applicant denial sent by certified mail return receipt requested bV the County Manager or designee_ the applicant, may appeal the permit denial to the building board of adjustments. 2. A request for appeal shall be filed in writing. Such request shai€ state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant_ The building board of adjustments and appeals, shall hold an advertised public hearing on the appeal and shall consider the denial of the County Manager or t*s desianee or chief building official, whichever is applicable, Page 79 of 88 Words ° Feuggh are deleted, words underlined are added 1 :\08 Amend the LDC\Sign Code\CAO's Ordinance\A Sign Code Ordinance (071408).doc 3. Time limitations on appeals. The Board of Zoning Adjustment and the Building Board of Adjustments and Appeals shall make their decision on an appeal within 60 days after a request for an appeal has been filed in writing. Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current code. 9.03.03 Types of Nonconformities r � S The fel!Gwing signs,, -and spa- str-uetwe_s- or made to Gon fe 4=s r - de vAthen Oil days from the efferfi .te W-1-te the Feef. a. Crone made of papeF, Gle b AH temporary SinE4- - -Thasp signs des�ri e in sees 6.06.9 C., 6.86.02 M., 5.0642 5:_0r_(1? (D. anri 9.96.92 R � Q �nfnrmrnr. r.n r.reM'SeS SigRS, and —Sign structures 4 wing a-� GF4iRa4 -cGst eF v 9 8F me.Fe -aed ari +nafljF (• t.. ,. ,._ .Y'r"t; 9"t, WhiGh de --RGt G9RfGFF:i- t+3- ii`-t�, iwFnarntc 991 —G9de and all i41�umipated– andiaF aimatee- s+gs- new T- 4r–h+c ems+ z:; ��tabli hmen} Rd intenrierd to be seen #Gm the e t irde may be JT�T�7' TTIT�v- :"[TJ�.TrTV�i;'CSV -T -iQL Gr'Tp CJCi ��iG R;ai Rt^i -- �,nti.l FebFuaFy 4stt ')(1__Z,93, at _�r.�hirh date all G inh Sirvnc i�iti}` nrle to nmr+ly With the rnn•rire menfc n�,� {7 '���GF �S c- xaD-- ;=t�avc�rvarrr- � -cr ieT' -c neved, exvc�.�eh- `- below-.- v t. tVaean#orrin -r}ff- preen ses –sus. all nnnp-nnforming @# pFemises cSigRS,_ @rd &4P_s-r4jrtri es hni mere rnaS -be -mains gAr�f�he fal4cl�E�i�c�- i3er�d a- -- Two — years fF9m —thL — datE— up8f; —whic-� the bey n r 4:4eF }hi r nriRaRGe_ c ypeFied of three to cove R- -'Lezarrr— R! the effeGttiVe date of }hie to +h^ `•• �',.,� y+n�/ i i r�'ii-����tt'th � I7armi+-Far-I Vanr^ {� T Pam e 80 of 88 Words sacra-: r are deleted, words underlined are added 1:108 Amend the LDC1Sign Code1CAO's Ordinance\A, Sign Code Ordinance (071 409).doc C" a ! ienn No. 17K My �8. "DFD9 pa Je 108 .... . .... 2 WN, UZZIM jrZTM".rr. . ..... .... - — ------------------- — - ...... 111,011-11 64-1111111" M i0a i I riff-1. ~111,11111 .............. d= ...... ..... . .... sw_�_ Pz— Page 81 of 88 Words Raa are deleted, words underlined are added 1:108 Amend the LDC\Sign Code\CAO's OrdinancelA Sign Code Ordinance (071409).doc „r h Geased t Gi`t'a R g e d. 5. Nonconforming status shall not be afforded to any sign erected without the required permit issued by the county, state, or any federal agency either before or after the enactment of this Code, or to any pre - existing signs which have been illegally installed, constructed, placed or maintained. D. Nonconforming signs. See LDC section 5.06.09 for Nonconforming Sign Requirements. 9.04.02 Variances Authorized � �bI; Y >r F ' ts� +he m rR R; eXt, eRt PGSSi�if the 9ranti•R@ Gf the v�;g�a Inr II rlimini- h nr ntaor--rcrev'-'se Lam” etrimental effr,( -t n st cafe+ c>:rnTrc.Tnzrzz- rr�> -va +h- r�,�,, �IG�- ir- }t2reat� �cn...ry- 8 %we�ft�2Fe—tAk variance fram the feFR;rS G f this ZGRiRg GGGle rRay be grapted based en the ,equirements ef this E;e-'"G eFe it -Gal- k--- deFRG str-ated that t n(r�,p,1GreduF� ec ^c,.,o't fryG4h in +hcic can�i��a,�n�(�� (1/'F�IGO in gran +inn any yarianGe__th_e_bGard--9.f f ""�LTTTI'fg @ppeals ;ay- FT;-_s'GH*4e- h f9l!G "4i'RgL ' i App eppiate GegGlitiGPsJ and — cafeg UaFdS ire Rfn mitt' with this Q- de--9 i--Gth � q t G r'' R a a— �vrri ai l8r� -6�r S cat i i RditioR Rd afaaguaFds, YYtY.. e terms 1 gder Va-[ �n.1PI]� '.x�P �Ci. .. -Q � Sv.]1].. .a�1G V. ; hirh the :--r ace s- g-Fanted,-shafl-- be-dee ed a violation Gf this ade._ `1 1 a abl time limit Within which the antiGR fr�r gh4Gh- 4e �. �- t— rE�S3Rcr ems,;,:. ., variance Fern sired shall be henUR OF GGMplet&d 9F, A. Variances for signs. The variance procedure for signs is provided in section 5.06.00, the Collier County Sign Code. 10.02.03 Submittal Requirements for Site Development Plans A. Genera[ly Page 82 of 88 Words are deleted, words underlined are added I: \08 Amend the LDC \Sion Code\CAO'S OrdinancelA Sign Code Ordinance (07 1409).doc li,; r,, Nb. 17 K .iiJlV �''•. �� 7(?� '7 c• r r — Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions therefrom: a. Single- family detached and two- family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development). b. Townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of section 10.02.04.13.4. C. Underground construction; utilities, communications and similar underground construction type activities. d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump- houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. e. Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E. Model homes and sales centers, except as otheRuise provided by section 5.04.04. f. Project entryway signs, walls, gates and guardhouses. g. Signage proposed for the project in conformity with section 5.06.00. the Collier County Sign Code. for the site development or site improvement plan. s h. Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site deve!or)m ent elan and the applirahla free shall a`nply Page 83 of 88 Words , r.,...^, augh are deleted, words underlined are added 1108 Amend the LDMSign Code\CAO's OrdinancelA Sign Code Ordinance (071409).doc i. Minimum landscape buffering. Under certain circumstances with neighborhood parks, there may be underlying health, safety and welfare concerns that necessitate deviation from the buffering required in section 4.06.02. The County Manager or his designee will determine, on a case -by -case basis, whether such deviation is necessary. This determination will be made upon a request for determination from the applicant, which must include all reasons that would justify the deviation. The County Manager or his designee will use factors including, but not limited to, the following when making a determination for deviation: a i. The geographic location of the neighborhood park b il. The effects that a lack of buffering will have on neighboring uses; and G iii.. The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises. While the above land use activities shall be exempt from the provisions of section 10.02.03, "these land use activities are subject to all other provisions of the Land development Code such as but not limited to landscaping (with the exception of g., as listed above), "tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. 10.02.06 Submittal Requirements for Permits B. Building or Land .Alteration Permits * * * * k k 2. Building permit submittal requirements for signs is provided in section 5.06.11 of the Collier Countv Sign Code. B, ildir,g P m,t app iGa# G4- - fey-- sigRS- I 3. C94 ..; -.�1 . `.n Fc4L,Ga te- alt,ef�-,- oOrr�- .�Bi —ha'�, Rg- e - Eti�R e sigR copy k&--e seGtien i 06 94 f9 Page 84 of 88 Words sgruck- though are cieieted, worsts underlined are added 1:108 Amend the LGClSign Code1CAO's OrdinancelA Sign Code Ordinance 1071409).doc -7K J r. .......... ........ =MFEM IMMM�M 2= M.Z.-M ............... CA M MMM�. . �. . *� rz ri =5 3MIMM"I 17 t- a Orm" r— V. QtheF iRform--tben requi ed in the PeFFRit appliGatiGR fGPFnS PFgVided by the GOURty M@Rager- or his designee, oF his- dFaWiRgS Of the pFepesed sign and ideRtifiGatiGR of the type, height, area and IGG@t;GR Gf all existiRg pole sig44r,, AFOLIRd SigRS and diFeGtOF:�' SigRS GR the subjeGt papee4, -Mar Z --Wal! sig44 a, epaFate paq theFe9f, WhiGh iS to be afPxad to a wall shall be-fastened flush with the GUFfaGe with fasteRep AiGh shall have the GapaGity tO GaFPJ--t4e full !Gad of the sign op sepaFate part theFeaf uRdeF wiRd !Gad GG)RditiGRS Of the appFGV8d G er 19GURty 961ildiRg Code OFd;RaRre [gode § 22 106 et seq], Flood Q -RaR e [Qede rh. 62. aFt. NI, and the Qeastal BUi4R9 ZGRe Page 85 of 88 Z-1 Words sti-aek thFeu- ., are deleted, words underlined are added LM Amend the LDMSign Gode\CAO's Ordinance\A Sign Code Ordinance (071409)-doc p- W-A 0 a ZIW W-r-r.T M =7 V. QtheF iRform--tben requi ed in the PeFFRit appliGatiGR fGPFnS PFgVided by the GOURty M@Rager- or his designee, oF his- dFaWiRgS Of the pFepesed sign and ideRtifiGatiGR of the type, height, area and IGG@t;GR Gf all existiRg pole sig44r,, AFOLIRd SigRS and diFeGtOF:�' SigRS GR the subjeGt papee4, -Mar Z --Wal! sig44 a, epaFate paq theFe9f, WhiGh iS to be afPxad to a wall shall be-fastened flush with the GUFfaGe with fasteRep AiGh shall have the GapaGity tO GaFPJ--t4e full !Gad of the sign op sepaFate part theFeaf uRdeF wiRd !Gad GG)RditiGRS Of the appFGV8d G er 19GURty 961ildiRg Code OFd;RaRre [gode § 22 106 et seq], Flood Q -RaR e [Qede rh. 62. aFt. NI, and the Qeastal BUi4R9 ZGRe Page 85 of 88 Z-1 Words sti-aek thFeu- ., are deleted, words underlined are added LM Amend the LDMSign Gode\CAO's Ordinance\A Sign Code Ordinance (071409)-doc QFdiRaRGe [GE)de sh, 22, aFt. Vill]. ARy s6�Gh sign 9 &9paFate--pa#-4he•eof WhiGh is Rqt meuRted flush with the SHFfaGe and WhiGh Weighs mare than 20 PGURdS Shall have a F=!Grwda r-egisteFed eRgineer-�&iga-the MOURtiRg 9 faSteRiRg system and depiGt the system GR sigRed and sealed dFawiRgs WhiGh shall aGGaFnpaRY the peFmit appkatiqR. ix. The be Giisplayed of @44-ed at the bGttem expeGtaRGy peFmit F;uFRbSF the shall faGe have the same life of siqR as the and shall sigR. SUGh peFmit Rumbe�shall GleaF!y legible te a PePSGR standiRg 5 49-9t iR fP@Rt Gf th b base the sigR iR GaGe shall the Rumber be ef and R GO permit -a a i ON i i I SIMMONS-; fill 11 A "G) t40 - Req4C t, -id4eFeRGe t ��i49d Sign PUP.- -_ �TVP bUildiRg P9FFR4S ToF peFma-gent gn ppemise sig;is shall a(JheFe to the 1JR4--4-,%4gn PaR, shall a-kept--on-f4e- in the develepment 't a new Requests a PeFM' gR, G� tG FeIGGat9, FeplaGe eF StFUGt6l' Fally alter ar; existing S+g4� s',;all be @GGc)mpaRied by a URitfie,-J SiOR Plar-. f9F the "DuLUGH., -i. PF9jeGt the Sig R is aGGeSSOF�j fie . Exis#pq--pe�itted siqRs may - i ;4ave�e ver, all future �eqUeStG fG,' PeFM;--,'S, W'Ret�h' fo F a Rew--s+ FelGG@VGR, alte�atiGR, G)p. --1mn=rn=Rt G)f aR axisti::;g sign, shall adhepe tG the URified Sign Pia far -the PrGpe-4y-, G. Temporary Use Permit Requirements and Issuance. See section 5.04.05 of the LDC, PUFPGSe @Rd iRteRt. Based ripGR the are Gf se me i4ses. their iFRpaGt ad4j, uses, theip C-orpPatibilitty with a use is iRtteRded tte al!OW GeFtain te-mpot-apy--��,ses I ' i , a deve!GpmeRt S49, and,G PFOVide to teMPGFanY--4,-Ses--SUGh as SpeGial apd PF-GRqGtiGRS. it is the iRteRj of this SL-GtiGR to G;aSS4Y-±eR4PG',aP,' uses a�d 1 Gene4, Th T>ounty Manager F 9F his d-3S!gRee, may grant a teR:i.peFa L--Ase pem;it far requests that demenstFate G9FqP!iaRGe-1A4#4-t4 -- � t-G4 t#,-S seGtien and QhapteF 5 e--,' the Code, Apqrevals fe�: SuGh �eque be d p-r t t liriled t Ih-b u�, bu rG tq, te Pane 86 of 88 WoludS, stimuek a1-e de'lZiLe(L woi-ds underlhied are added !:',08 Amend the LDCkSign Code\CAO's 0,,djn2t1ce\A Sign Code Ordinance (071409).doc Jjhy % '18, 20DD- F' 3ige 101 Df 103 [Renumber remaining subsections] SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA Page 87 of 88 Words sue- tlxough are deleted, words underlined are added la08 Amend the LDC1Sign Code1CAO's Ordinance\A Sign Code Ordinance (071409).doc ;-I j ry C) '� 7 By-. I Deputy Clerk By: DONNA FIALA, CHAR Approved as to form and legal sufficiency: flq� Jeff E. Wright Assistant County Attorney Page 88 of 88 111 VV ords 4F�. � arc jeletc:7d, words urider] I ncd ai c addtd 1:108 Amend the LDC11sign Code'iCAO's Ordinam;ekA Sign Code Ordinance (071409).coc; yvnua :!em N'a. 17!4 j + 41G. 20,"9 ` r'ad 'i i ., of 1 C, 3 Sunday, July 12, 2009 33ttity1e>lus. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE COLLIER COUNTY SIGN CODE REVISIONS Notice is hereby given; that on Tuesday, July 28, 2009 at 9:00 A. in the Board of County Commis- sioners Meeting Room; 3rd Floor, Building "F," Col- lier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Collier County Board of County Commissioners, at its regular meeting, pro- poses to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF COLLIER . COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMEND- ED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FIND- INGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC- TION 1.08.02 DEFINITIONS FOR SIGNS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS: CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STAN- DARDS, INCLUDING SECTION 4.02.26 GOLDEN GATE4 PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT (GGPPOCO)— SPECIAL CONDI- TIONS FOR THE PROPERTIES ABUTTING GOLDEN GATE PARKWAY EAST OF SANTA BARBARA BOULE- VARD AS REFERENCED IN THE GOLDEN GATE PARK- WAY PROFESSIONAL OFFICE COMMERCIAL DISTRICT MAP (MAP 2) OF THE GOLDEN GATE AREA MASTER PLAN, SECTION 4.02.37 DESIGN STANDARDS FOR DE- VELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), SECTION 4.02.38 SPECIFIC DESIGN CRITE- RIA FOR MIXED USE DEVELOPMENTS WITHIN 'C -1 THROUGH C -3 ZONING DISTRICTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, - SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT, SECTION 4.08.07 SRA DESIGNATION; CHAPTER 5 - SUPPLEMENTAL STAN- DARDS, INCLUDING SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEM- PORARY EVENTS, SECTION 5.05.05 AUTOMOBILE SERVICE" STATIONS, SECTION 5.05.08 ARCHITECTUR- AL AND SITE DESIGN STANDARDS, SECTION 5.06.00 SIGNS, SECTION 5.06.01 GENERALLY; SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS, SECTION 5.06.04 SIGN .STAN- DARDS FOR SPECIFIC SITUATIONS, SECTION 5.06.05 SIGNS EXEMPT FROM THESE REGULATIONS, SEC- TION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.07 ENFORCEMENT; ADDING SECTION 5.06.08 SIGN VARI- ANCES; ADDING SECTION .5.06.09 NONCONFORMING SIGNS; ADDING SECTION 5.06.10.REMOVAL OF PRO- HIBITED AND ABANDONED SIGNS; ADDING SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PRO- CESS; CHAPTER 9 VARIATIONS FROM CODE RE- QUIREMENTS INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARI- ANCES AUTHORIZED; CHAPTER 10 APPLICATION, RE- VIEW, AND DECISION - MAKING PROCEDURES, IN CLUDING SECTION 10.02.03 SUBMITTAL . REQUIRE- MENTS FOR SITE DEVELOPMENT PLANS; SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS; SECTION FOUR, CONFLICT AND SEVERABILITY: SEC- TION FIVE. PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EF- FECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are avail- able for public inspection in the Zoning and Land Development Review Section, .Community Developp• . ment and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a'person decides to appeal any decision made by the Collier County Board of County Commission- ers with respect to any matter considered at such meeting or hearing, he will need a record. of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony: and evidence upon which the appeal is to be based. July 1209 NoIS07146