Loading...
Ordinance 89-060ORDINANCe 89- 60 AM ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY SIGN ORDINANCE PROVIDING FOR THE REGULATION OF SIGNS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR SIGNS EXEMPT FROM PERMITTING; PROVIDING FOR · PROHIBITED SIGNS; PROVIDING FOR PERMITTED SIGNS; PROVIDING FOR NON-CONFORMING SIGNS; PROVIDING FOR ~;~ARIANCES; PROVIDING FOR PERMITTING PROCEDURES; i.~:.PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE Ii~EPEAL OF SECTION 8.31, OF ORDINANCE NO. 82-2, ~][[COLLIER COUNTY ZONING ORDINANCE) AS AMENDED, ~N ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing zoning and business regulations necessary for the protection of the public including sign ordinances; and WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning and Land Development Regulation Act), Florida Statutes, provides that counties shall have the power and responsibility to plan comprehensively for their future development and growth including the adoption and implementation of appropriate land development regulations which ars necessary or desirable to implement a comprehensive plan, including the regulation of signage as provided in Section 163.3202(2)(f), Florida Statutes; and WHEREAS, the Future Land Use Element of the Growth Management Plan requires that certain Land Development Regulations be adopted to implement the Plan; and WHEREAS, Policy 3.1 E. of the Future Land Use Element . $~ requires that signage be regulated by amending the existing s~.~. t~ regulations to include amendments to the frontage requiremen~$7~or'~ signs, to consider shared signs on smaller properties, to p~de~ rtization schedule for non-conforming signs; and , u, WHEREAS, the Collier County Planning Commission (Local Planning Ag.ncy) has determined that this proposed sign ordinance 03fi,, .: 150 is consistent with the adopted Growth Management Plan as required by Section 163.3194(2)(a), Florida Statutes; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Section 1.00 Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Sign Ordinance". Section 2.00 Apulicabilitv This Ordinance shall apply to and be enforced in all unincorporated areas of Collier County, Florida. Section 3.00 General Increased numbers and sizes of signs, as well as certain types of lighting distract the attention of motorists and pedestrians, and interfere with traffic safety. The indiscriminate erection of signs degrades the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermines the economic value of tourism, visitation and permanent economic growth. 3.01 Intent and Purpose. It is the intent and purpose of this Ordinance, and it shall be interpreted, to implement the goals, policie~{ and objectives of the Growth Management Plan, and to promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling signs which are intended to communicate to the public, and to authorize the use of signs which are: A. Compatible with their surroundings. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. Co Appropriate to the type of activity to which they pertain. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation. Eo Reflective of the identity and creativity of individual occupants. 3.02 Definitions. For the purpose of this Ordinance, unless otherwise expressly stated, the following words and phrases shall have the following moanings: Abandoned Stqn: Any sign or sign structure expressly installed for the purpose of affixing a sign, which bears no sign or copy for ninety consecutive (90) days or more, or for a period of ninety consecutive (90) days or more, displays information which incorrectly identifies the business, owner, lessor, or principle activity conducted on the site, or which through lack of maintenance becomes illegible or nearly so, or is in a state of disrepair. Signs displaying an "available for lease" or similar message or partially obliterated faces which do not identify a particular product, service, or facility, shall be deemed abandoned. Accessory Use or Structure: A use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided, on the same premises. On the same premise~ with respect to accessory uses and structures shall be construed as meaning on the same lot, or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof and not an accessory building. A facility for the service of malt, vinous, or other alcoholic beverages shall be deemed an accessory use for a motel, hotel, boatel, private club, country club, yacht club, restaurant, bowling alley or golf club, provided all other applicable requirements of State law and County regulations are met. Activated SiGn: Any sign which contains or uses for illumination any light, lighting d.vice, or lights which change 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, shall be considered an activated sign. Advertising SiGn: A sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered, either on premises or off-premises. Advertising Structure: Any structure erected for advertising purposes with or without any advertisement displayed thereon, situated upon or attached to real property, upon which any poster, bill, printing, painting, device or other advertisement may be placed, posted, painted, tacked, nailed, or otherwise fastened, affixed, or displayed; provided, however, that said term shall not include buildings. Alterations (Signs): Any substantial improvement to a sign, but shall not include routine maintenance, painting or change of copy of an existing sign. Animated SiGn: Any sign which includes action, motion, or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Arterial: A street used for continuous traffic primarily as main traffic artery and carries more traffic for greater distance than a collector street. Awnina SiGn (a/k/~ Canopy Si~n c': MarGuee SiGn): A sign suspended from or forming part of a shelter supported partially or entirely for the exterior wall of a building or structure. Banner~; A temporary sign such as used to announce open houses, grand opening or special announcements. 152 Billboards; Any sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produce(], manufactured, or furnished at the property on which the sign is located. Building Facade: That portion of any exterior elevation of a building extending from finished grade to the top of the parapet wall or eaves and extends the entire width of the building elevation. Bulk Permit: A permit issued for any number of political signs. Bulletin Board: A board for posting notices such az those found at a school, church, or other civic organization. Canopy Sign: (See Awning Sign) ChanGeable CoDy $iqn: Any permanently enframed sign illuminated or not which is principally devoted to and designed for changeable text and graphics, including electronically controlled public service, time, temperature and date signs, messages centers, or reader boards. Collector Street: A street which carries traffic from local streets to arterial streets and includes the principal entrance streets of a subdivision or a development. Combination StGn~ A sign which is made up of two (2) or more signs, exclusive of billboards. Combination Farm SiGn: A temporary sign used for the purpose of identifying the owner or operator of a farm, and the product produced on the farm, which sign may also incidentally identify the contract buyer of the product. Construction Si~D[ A temporary sign placed in advance of issuance of a certificate of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors and other similar information regarding the building or structure. CODY: The letters, text or other graphics which compose the message displayed upon the sign surface area. Directional Sign: An on premises sign giving direction, instructions, or facility information such as parking or entrance or exit signs, and which may contain the name, logo, service or activity of an establishment. Directory sign: An on premises sign of permanent character indicating the name of two or more persons or business associated with, or events conducted upon, or products or services offered upon the premises upon which such sign is maintained. This sign may be a freestanding, awning, or wall sign. Such sign may have changeable copy. Double Faced SiGn: A sign havimg two (2) display surfaces, not necessarily displaying the same copy, which are usually parallel and back-to-back and not more than twenty four inches (24") apart. Double faced signs shall be measured by only one side if both sides are advertising the same business, commodity, or service. ~ Any sign containing electric wiring, but not including signs illuminated by exterior light --4-- sources, such as floodlights. Entrance or Gate Sian ~a/k;a Subdivision SiGn]: Any community entry sign which is designed to identify a subdivision or neighborhood, including but not limited to industrial and commercial parks, multifamily projects, and single family residential development. F~rm OrGanization SiGn: A sign used for the purpose of indicating membership in a farm organization, such as Cattlemen's Association, Four H Club, Farm Bureau, and the like. FlaGs: Devices generally made of flexible materials, such as cloth, paper, or plastic, and displayed on strings, poles or the like. This definition does not include the flag of any city, county, state or country. ~lashtnG SigH; A flashing sign is an activated sign on which any electric lighting by any device is either alternated on and off or raised and lowered in brightness or intensity. ~reestandinq Sign: (See Pole Sign) ~ron~aGe: The length of the property line of any one premises along a street on which it boarders. Ground SiGn (a/k/a Monument SiGn): Any sign other than a pole sign which is placed upon or supported by structures or supports in or upon the ground and independent of support from any building so that the top edge of the sign face is less than eight feet (8') above grade. Identification sign: A sign which contains no advertising but is limited to the name, address, and number of a building, institution, or person and the activity carried on in the building, institution or the occupation of the person. Illuminated SiGn: An illuminated sign is one which either: (a) provides artificial light through exposed bulbs, lamps, or luminous tubes on the sign 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. ~nflatable SiGns: Any object made of plastic, vinyl, or similar material, that when inflated with gaseous, or air represents, advertises, or otherwise draws attention to a product, service, or activity. Mansard Roof: A roof that has two (2) slopes on all four sides, with the lower slope steeper than the upper. 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 eighteen inches (18") from such structure, or above the roof line. Mansard signs shall be considered wall signs. Major Intersection: The inters~ction of a Federal, State or County highway with any other arterial. Marquee SiGn: (See Awning Sign) Model Home: A residential structure used for demonstration purposes or sales promotion, not occupied as a dwelling unit, and open to the public for inspection. Multiple Occupancy: A parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or buildings housing more than one occupant. ~onconformin~ si~n: Any sign or advertising structure lawfully in existence within Collier County on the effective date of this Ordinance, which by its height, area, location, use or structural support does not conform to the requirements of this Ordinance. This d~finition shall not be construed to include signs specifically prohibited by Section 5.00 of this ordinance. Off-Premises SiqD; (See Billboards) On-Premises siqn~ A sign containing copy relating only to the principal legally licensed business, product, service, or activity conducted or sold on the same premises as that on which the sign is located. Outdoor Advertisfn~ $1~n: (See Billboard) ~.rmanent Si~n: A sign which is affixed to a building or the ground in such a manner as to be immobile. Pole St~n: A sign, independent of support from any building, that is mounted on freestanding poles or other supports so that the bottom edge of the sign face is eight feet (8') or more above grade. Political Si~n: Any sign which states the name and/or picture of an individual seeking election or appointment to a public office, or pertaining to a forthcoming public election, or referendum pertaining to or advocating political views or policies. Portablo Si~n: Any sign which is designed to be transported, including by trailer or on its own wheels, even though the wheels of such signs may be removed and the remaining chassis or support constructed without wheels is converted to an A or T frame sign, or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. It is characteristic of such a portable sign that the space provided for advertising matter consists of a changeable copy sign. Principal Use: The primary use existing or permitted upon a parcel of land. ProJectina Sian: Any sign which is attached to, and which projects more than eighteen inches (18") from the outside wall of any building or structure, excluding wall, marquee, and canopy signs. Public Service si~n: Any sign intended to promote primarily a public purpose including items of general interest to the community welfare. It may also refer to a sign designed to render a public service such as, but not limited to, "time and temperature signs". Real Estat9 $~gDL A sign whict advertises the sale, lease, rental, or development of the property upon which it is located. Regional Shoppin~ Cente~_t A commercial cente~ providing shopping goods, general merchandise, apparel, furniture, and home furnishings in full depth and variety. Such --6-- ,oo 536 , . 155 .'3 center shall contain thirty (30) or more acres, and a minimum gross leasable area of four hundred thousand (400,000) square feet. Residential Identification SiGn: A sign intended to identify a residential subdivision or other residential development. Revolving SiGn Ca/k;a Rotating SiGn): Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing thc display surface area is oriented. Roof SiGn: Any sign erected, constructed, or maintained on the roof of any building. Safety Sign: A sign used only for the purpose of identifying and warning of danger, or potential hazards. SheDDinG Center: An integrated unit of five (5) or more retail business establishments, or twenty five thousand (25,000) square feet or more, that share a common ingress and egress to public rights of way. SiGn: Any structure, device, advertisement, advertising device or visual representation intended to advertise, identify, or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing, and includes any symbols, letters, figures, iljustrations, or forms painted or otherwise affixed to attract the attention of the public for any purpose and also any structure or device the primary purpose of which is to border, illuminate, animate or project a visual representation. However, this definition shall not be held to include official notices issued by any court or public office, or officer in the performance of a public or official duty, and traffic control signs. For the purpose of removal, signs shall also include all sign structures. SiGn Area: The area of a sign is the entire area within the periphery of a regular geometric form or combination of regular geometric forms comprising all of the display aroa of tho ,lgn and including all of tho elements of the matter displayed, but not including the sign structure bearing no advertising matter. The surface area of the sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater. The sign area shall include the aggregate sign area upon which copy could be placed. Signs consisting of detached letters shall also be measured as defined above. SiGn Facg; The area, display surface, or part of a sign on which the copy of message is placed. SiGn Structure; Any structure which supports or is capable of supporting any sign. Said definition shall not include a building to which a sign is attached. SinGle Occupancy: A parcel of property existing as a single project, with the building or buildings housing only one occupant. SPecial Pgrpose SiGns:. Directional, safety, and other signs of a noncommercial nature. Street: A public or approved private thoroughfare which affords the principal means of access to abutting property. Streets may be called, but not limited to, --7-- 03'6 156 lanes, ways, places, drives, (not including private drives or driveways), boulevards, roads, avenues, or other means of access, regardless of the descriptive term used. Strip Lichting: A continuous series of linear exterior lights designed to illuminate a sign of a structure. Substantial ImprovemeDt; Any repair, reconstruction, or improvement of a sign, the estimated cost of which equals or exceeds fifty (50%) percent of the market value of current replacement cost of the sign, whichever is lower, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. Temporary $1qn: A sign intended to advertise community or civic pro~ects, construction projects, or other Ipe¢ial evonts on a temporary basis, for a designated period of time. U-Pie Si~; A sign describing a farm where the customer picks or purchases the produce directly from the premises on which thoy are grown or produced. U-ShaDed Si~n: Two single face freestanding signs that are constructed in the form of a "V" when viewed from above, provided the internal angl. at the apex is not more than ninty degrees (90'), and the two faces are not separated by more than twenty four inches (24") at the apex. Vehicle SiGn: Any sign affixed to a vehicle other than a license plate, or other identification required for access to restricted parking areas, a registered logo, trademark, or service mark. Wall or Fascia Sl~n: A sign affixed in any manner to any exterior wall of a building or structure, and which is parallel to and projects not more than eighteen inches (18") from the building or structure wall, and which does not extend above the parapet wall or roof of the building on which it is located. Wind S~qn; Any sign or display including, but not limited to flags, banners, balloons, streamers and rotating devices, fastened in such a manner to move upon being subject to pressure by wind or breeze, but shall not include official flags, emblems, insignias or pennants of any religious, educational, national, state, or political subdivision. Window Siqn: A window sign which is painted on, attached to, or visible through a window excluding displays of merchandise, and shall not exceed tw0nty-five (25) percent of tho total window area in the same vertical plane at the same floor level on the side of the building or unit upon which tho ~lgn. fifo displayed. Section 4.00 4.01 $icns E×emDt From PermittiD~ The following signs ar'e exempt from the permit requirements of this Ordinance, and shall be permitted in all districts subject to the limitations set forth below: Signs required to be maintained, or posted by law or governmental order, rule, or regulation. -8- On-premises directional signs, not exceeding four (4) square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. One identification sign, professional name plate, or occupational sign for each professional office, or business establishment not to exceed two (2) square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, thQ occupant's profossion or specialty and/or the street address of the premise. Memorial plaques, cornerstones, historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. "No Trespassing," "No Dumping," or other sign doe~ not exceed two (2) square feet in size. Real Estate Signs. All supports for such signs shall be securely built, constructed, and erected to conform with the general requirements of this Ordinance, located no closer than fifteen (15) feet from any property line, and subject to the following: One (1) ground, or wall "For Sale", "For Rent", or similar sign per street frontage for each parcel, or lot less than one (1) acre in size: non-residential districts: maximum of twelve (12) square feet in size. residential districts: maximum of four (4) square feet in size. one (1) ground or wall "For Sale", "For Rent", or similar sign per street frontage for each parcel, or lot greater than one (1) acre, but less than ten (10) acres in size: non-residential districts: maximum of forty (40) square feet in size. residential districts: maximum of twelve (12) square feet in size. one (1) ground or wall "For Sale", "For Rent", or similar sign per street frontage for each parcel, or lot in excess of ten (10) acres in size: all districts: maximum of sixty (60) square feet in size. One (1) on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed forty (40) square feet. Model home sign copy shall be limited to the model name, builders name, namQ and address, phone number, price, --9-- Section 5.00 5.01 Ne logo, and model home designation. One (1) on-premises open house sign not to exceed four (4) square feet in size. Such sign shall not be located within fifteen (15) feet of any property line, right-of-way or access easement. Rual estate signs shall be removed when ownership has changed or the property is no longer for sale, rent or lease. A sign advertising that a property has been sold shall not be displayed for more than thirty (30) days after it is erected. Bulletin boards and identification signs for public, charitable, educational or religious institutions locat0d on the premise~ of said institutions and not exceeding twelve (12) square feet in size. Traffic control and safety sign or other municipal, County, State or Federal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs when erected by an appropriate authority. Holiday, seasonal, or commemorative decorations provided that such signs display no commercial advertising and provided that such signs are not displayed for a period of more than sixty (60) days. Window merchandise displays which are changed on a regular basis, meaning no less frQquuntly than every thirty (30) days. Signs located at the entrance drive of residences located upon two and one quarter (2.25) acre lots or greater, displaying the name and address of the resident, and not exceeding four (4) square feet in area. Flags or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate Section 5.01.P of this Ordinance. Religious displays that do not constitute advertising. Painting, repainting or cleaning of an advertising structure, or changes which are determined to be less than a substantial improvement. Copy changes for shopping center, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. Prohibited Signs It shall be unlawful to erect, cause to be erected, maintained or cause to be maintained, any sign not expressly authorized by, or exempted from this Ordinance. The following signs are expressly -10- 159 prohibited: Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandoned signs. Animated or activated signs, except public service, time, and temperature signs. Flashing signs. Eleotronic reader boards that do not flash on and off are not flashing signs. E. Rotating signs. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential name plates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts authorized by provisional use, P.U.D. Ordinance, or as otherwise provided for within the Zoning Ordinance, shall be allowed the use of illuminated signs, subject to the approval of the Community Services Administrator, or his designee. Signs located upon, within, or otherwise encroaching upon County or public rights-of-way, except as may be permitted under the provisions of Ordinance 82-41, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. Billboards. I. Strip lighted signs. Neon type signs except within all commercial and industrial districts. K. Roof signs. L. Portable Signs. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shape or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. Signs, commonly referred to as snipe signs, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from, this Ordinance. O. Wind signs. Vehicle signs or trailers when such are used exclusively for the purpose of displaying a sign. This prohibition shall not be deemed to include signs incorporated on a vehicle at the manufacturer's or distributor's level which identify or advertise only the product or services dispensed or carried by the vehicle. 5.02 Bectton 6,00 6.01 Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors, and (2) taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Any sign which: (1) Emits audible sound, vapor, smoke, or gaseous matter. (2) Obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. (3) Employs motion, have visible moving parts, or gives the illusion of motion. (4) Is erected or maintained so as to obstruct any fire fighting equipment, window, door, or opening uses as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. (5) Constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. (6) Uses flashing or revolving lights, or contains the words "Stop", "Look", "Danger", or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. (7) Any sign which advertises or publicizes an activity not conducted on tho premises upon which the sign is maintained, excepted as otherwise provided for within this Ordinance. No sign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic Signs, political signs, or signs approved by temporary permit pursuant to the time limitations set forth herein. Termination of Prohibited Signs Within six months of the date of enactment of this Ordinance, or as otherwise provided within Section 7.01, all signs expressly prohibited by Section 5.01 of this Ordinance, and their supporting structures, shall be removed, or, in the alternative, shall be altered so that they no longer violate Section 5.01. Billboards with an original cost of one hundred ($100.00) dollars or more, and have boon legally permitted, shall bo treated as nonconforming signs and removed pursuant to Section 7.00.C of this Ordinance. Permitted Siqns The following signs are permitted, subject to the -12- 161 restrictions below: On-Premises siqn~ On-premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: Pole or Ground SiGns. Single occupancy parcels, shopping centers, office complexes, or industrial parks having frontage of one hundred fifty feet (150') or more on a public street, shall be permitted one (1) pole, or two (2) ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, or industrial parks containing twenty five thousand (25,000) square feet or more of gross leasable floor area will be permitted one (1) directory sign with a maximum size of two hundred fifty (250) square feet for a single entrance on each public street. (a) Maximum allowable sign area - one hundred (100) squaro foot for pole signs, or a maximum combined area of one hundred twenty (120) square feet for ground signs. (b) Setbacks - fifteen feet (15') from any property line, public or private right of way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. (c) Maximum allowable height - twenty five feet (25'). Height shall be measured from the lowest center line grade of the nearest public or private right of way or easement to the uppermost portion of the sign structure. (d) The maximum size limitation shall apply to each sign structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one (1) display on each facing, and such sign structure shall be considered as one (1) sign. (e) Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right of way. (2) Pole or Ground SiGns Within ReGional ShoPPing ~ent~rs. one (1) pole or ground sign is permitted for each regional shopping center having a frontage of one hundred fifty feet (150') or more on a public street. Additional pole or ground signs may be permitted provided that there is a minimum of a one thousand foot (1000') separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two (2) per street frontage. Additionally, one (1) directory sign with a -13- maximum size of two hundred fifty (250) square feet will be permitted for a single entrance on each public street. (3) (4) (a) Maximum allowable sign area - one hundred (100) square feet. (b) Setbacks - fifteen feet (15') from any property line, public or private right of way, or easement, with tile exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. (c) Maximum allowable height - twenty five feet (25') in height. Height shall be measured from the lowest center line grade of the nearest public or private right of way or easement to the uppermost portion of the sign structure. (d) The maximum size limitation shall apply to each sign structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one (1) display on each facing, and such sign structure shall be considered ao one (1) sign. (e) Spot or floodlights shall be permitted only whore such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right of way. Wa~ or MaPsard $igBs. One (1) wall or single occupancy parcel, or for each establishment in a multiple occupancy parcel. Corner units within multiple occupancy parcels, or double frontage single occupancy parcels shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. (a) The maximum allowable display area for signs within one hundred feet (100') of any street right of way or property line shall not be more than four feet (4') in height, shall not be more than 20 percent (20%) of the total square footage of the wall to which it is affixed, and shall not exceed two hundred fifty (250) square feet in area per sign. ProJectlnn St~ns. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed sixty (60) square feet of display area. (a) Projecting signs shall not project more than four feet (4') from the building wall to which it is attached. (b) Projecting signs shall not extend above the roof line of the building to which it is attached. -14- (c) Projecting signs shall not project into the public right of way. (d) Projecting signs which project over any pedestrian way shall be elevated a minimum of eight feet (8') above such pedestrian way. (5) MarGuee. Canopy Or Awning Siqns. In addition to any other sign which is allowed by this Ordlnanco, one (1) marquo., canopy, or awning sign shall be allowed for each single occupancy parcel, or for each establishment in a multiple occupancy parcel. (a) Signs located on a marquee, canopy, or awning shall be affixed flat to the surface, shall contain letters not greater than six inches (6") in height, shall not exceed twenty feet (20') in length, and shall not rise in vertical dimension above the marquee, canopy, or awning. (b) An identification sign may extend vortically below a marquee, canopy or awning but may not exceed th~ dimensions of one foot (1') by six feet (6') not exceod tho width of tho marquue, canopy, or awning. All such signs shall be a minimum of eight feet (8') above the ground. (6) Signs Within Planned Unit Developments. Sign cla~,oa and sizes for Planned Unit Developments shall be the same standards found within this Ordinance for the zoning district the development most closely resembles, unless such PUD's have sign standards contained in the PUD document, and are approved by Board of County Commissioners. Temporary SigDs. The erection of any temporary sign shall require permitting as established within Section 9.00 of this Ordinance. Applicants for temporary sign permits shall pay the same fee as required for a standard sign within the district. Temporary signs shall be allowed subject to the restrictions imposed by this Section and other relevant parts of this Ordinance. (1) Eg. ISL%iG.~i_SI~ Political campaign signs and posters shall bo permitted subject to the following requirements: (a) Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary permit shall be obtained. The fee for said bulk permit shall be as adopted by resolution by the Board of County Commissioners. (b) Political campaign signs or posters within residentially zoned or used property, shall not exceed four (4) square feet in size, and shall not be located closer than five (5) foot to any property line. Political signs placed within residential districts shall require written permission from tha -15- (2) property owner. (c) Political campaign signs or posters will be permitted in all other zoning districts with a maximum copy area of forty (40) square feet per sign, and shall be located no closer than fifteen (15) feet to any property line. (d) All supports shall be securely built, constructed and erected to conform with the requirements of this Ordinance. (e) The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight (8) feet. (f) Political signs shall be erected not more than sixty (60) calendar days prior to an election or political event, and shall be removed within seven (7) calendar days after the election, event, or after the campaign issue has been decided. gonstruction Siqns. One (1) temporary construction sign may be permitted for each parcel, identifying the name of the development, company and general contractor, and other pertinent similar information, which shall be removed at the time a certificate of occupancy is issued for the building or structure, or when seventy percent (70%) of a residential development is constructed, and shall not axcaad the following size restrictions: (~) (a) Residential, industrial, commercial and institutional developments within all zoning districts: under 10 acres in size: A temporary sign not to exceed forty (40) square feet in size at each street frontage. over 10 acres in size: A temporary sign not to exceed sixty (60) square feet at each street frontage. (b) Subcontractors, lending institutions, or other similar signs representing companies involved with the development, may place a four (4) square foot identification sign within twenty five (25') feet of the construction sign on the job site. (c) Temporary construction signs shall be located not closer than fifteen feet (15') to any property line. Grand Qoeninq SigDs. An occupant may display a grand opening sign not exceeding thirty-two (32) square feet on a side, and not exceeding -16- sixty-four (64) square feet total. The banner sign shall be anchored and may be displayed for a period not oxceading fourteen (14) dayo within the first three (3) months that the occupant is open for business. (4) Special Events SiGns. A special events sign not exceeding thirty-two (32) square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational, or religious event or function, and shall be located no closer than fifteen (15) feet to any property line. (5) Tothorod_Inflatablo Sion~. An inflatable sign may bo p.rmitted for a period of not more than fifteen (15) consecutive days or more than thirty (30) days in a single year, and shall bo locatcd no closer than fifteen (15) feet from any property line. (6) Farm Siqns. One (1) temporary pole or ground sign identifying the farm, farm organization, entrance, or gate not exceeding forty (40) square feet in area. This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed thirty (30) days and may be issued only twice in any calendar year. S~e¢ial Pur~oso $iqns. Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. S. ,cial purpose signs shall be allowed subject to the following requirements: (1) Theater s~qDs... In addition to the signs otherwise permitted by this ordinance, a theater shall be permitted a changeable message sign, the surface of which shall not exceed one hundred (100) squaro feet in area. Such sign shall require a building permit. (2) ~utomob~e Service stations. In addition to the signs otherwise permitted by this Ordinance, automobile service stations shall bo permitted one (1) changeable message sign not to exceed ten (10) square feet in area for the purpose of displaying gasoline prices only. Such sign shall bo affixed to tho structure of a pole on the property. Such sign shall require a building permit. (3) Time an~ T~mDerature Signs. One (1) time and temperature sign having a surface area not exceeding eighteen (18) square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. (4) Residential Directional or Identification Siqns. Directional or identification signs no greater than four (4) square feet in size, and located internal to the subdivision or -17- development, may be allowed subject to the approval of the Community Development Administrator, or his designee. Such signs shall only be used to identify the location, or direction of approved uses such as models or model centers, sales offices, information centers, recreation centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme, may be combined into a single sign not exceeding six (6') feet in height, and twenty four (24) square feet in area. (5) ¢om~ercia~ and IDdustrial pirectional or Identification_$ians. Directional or identification signs no greater than six (6) square feet in size, and located internal to the subdivision or development, may be allowed subject to the approval of the Community Development Services Administrator, or his designee. Such signs shall only be used to identify the location, or direction of approved uses such as sales centers, information centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six (6') in height, and sixty (60) square feet in area. 0n-?¥~mises Signs Within Residential Districts. Two (2) ground or wall residential entrance or gate signs may be located at each entrance to a multifamily, single family, mobile home or recreational vehicle park subject to the following requirements: (1) Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. (2) The ground or wall signs shall not exceed a combined area of sixty (60) square feet, and shall not exceed the height or length of the wall or gate upon which it is located. QD-PreDises.$igns Within Aqr~cultura~ Districts. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County Zoning Ordinance only, and subject to the following restrictions: (~) One (1) pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. (a) The maximum allowable sign area for each pole or ground sign shall not exceed one hundred (100) square feet, and shall be located a minimum of fifteen feet (15') from any property lines, public or private right of way or easement. (2) one (1) u-Pic sign located at the entrance or gate of each street frontage. (a) The maximum allowable sign area for each -18- ,oo 167 U-PIc sign shall not exceed thirty-two (32) square feet, and shall be located a minimum of fifteen feet (15') from any property line, public or private right of way or easement. ~all or Mansard SiGns Within AGricultural Districts. Wall or mansard signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County Zoning ordinance only, and subject to the following restrictions: One wall or mansard sign shall be permitted for each principal use structure on the parcel. Corner parcels or double frontage parcels shall be allowed one (1) sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. (a) The maximum allowable display area for any sign within one hundred feet (100') of any street right of way or property line shall not be more than four feet (4') in height and shall not exceed two hundred fifty (250) square feet in area per sign. (b) The maximum allowable display area for each sign may be increased at a ratio of one (1) square foot for each additional two feet of setback above one hundred feet (100') from any street right of way or property line, not to exceed a maximum of one hundred (100) square feet in area per sign. off-Premises Directional S~gns. off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager, or his designee, if tho following requirements are met: Off-premises directional signs shall only be permitted in nonresidentially zoned, or agricultural districts. (2) No more than two (2) off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the street serving such building, structure, or uses, provided that each such sign is not more than four (4) square feet in area, and eight feet (8') in height. (3) Off-premises directional signs shall not be located closer than fifty feet (50') from a residentially zoned district. (4) Off-premises directional signs shall not be located closer than one hundred feet (100') from another off premises directional sign. Illuminated Signs, All illuminated signs shall have electrical components, connections, and installations that conform to the National Electric Code, and all other applicable Federal, State, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to -19- Section 7.00 7.01 produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; not be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. Nonconformina Sians Existing signs not expressly prohibited by this Ordinance and not conforming to its provisions shall be regarded as nonconforming signs. ae The following signs, and sign structures shall be removed or made to conform to this Ordinance within ninety (90) days from the effective date thereof: (1) Signs made of paper, cloth, or other nondurable materials. (2) (3) Ail temporary signs. Those signs described in Sub-Sections 5.01.G, 5.01.M, 5.01.N, 5.01.Q and 5.01.R of this Ordinance. ~onconforming On-Premises Permanent Signs. Ail permanent nonconforming on-premises signs, and sign structures shall be removed, or made to comply with the requirements of this Ordinance within three (3) years from the date upon which the sign became nonconforming under this Ordinance. Nonconformina Off-Premises Signs. Ail nonconforming off-premises signs, and sign structures having an original cost or value of one hundred ($100.00) dollars or more may be maintained for the longer of the following periods: (~) Two (2) years from the date upon which the sign became nonconforming under this Ordinance; or (2) A period of three (3) to seven (7) years from the effective date of this Ordinance according to the amortization table below. Sign Cost/Value $100 to $ 1,000 $1,001 to $ 3,000 $3,001 to $10,000 More than $10,000 Permitted Years From Effective Date of Ordinanc~ 3 years 4 years 5 years 7 years (3) Any owner of an off-premises sign who requests an amortization period longer than two (2) years shall, within one (1) year from the date of enactment of these regulations, register the sign with the Customer Services Manager, or his designee. The following information shall be provided at the time of registration: the cost or value, whichever is greater, of the sign; the date of erection; or the cost or value and date of the most recent renovation; a photograph of the sign or signs and their supporting structure, not less than 5" x 7" in size; and a written agreement to remove the sign at or before the expiration of the amortization period applicable to the sign. A registration fee of fifty dollars ($50.00) shall be paid at the time of registration. -20- 169 ?.02 Continuation of Nonconforming Si~n~ Subject to the limitations imposed by Section 7.00 of this Ordinance, a nonconforming sign may be continued and shall be maintained in good condition as required by this Ordinance, but shall not be: ae Structurally or mechanically extended or altered to further the nonconformity, except in cases where it has been determined that there exists imminent danger to the public safety. Repaired or rebuilt when destroyed or damaged to the extent of fifty percent (50%) or more of its replacement value, except in conformity with this Ordinance. A nonconforming permanQnt on-premisQs or off- premises sign shall not be replaced by another nonconforming sign except that substitution or interchange of letters, poster panels, and painted boards, or dismountable materials on nonconforming signs shall be permitted through the period of nonconformity established by this Ordinance. Continued in use when any land use to which the sign pertains has ceased for a period of thirty (30) consecutive days, or has otherwise changed. 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 Ordinance, or to any pre-existing signs which have been illegally installed, constructed, placed, or maintained. saction 8.00 8.01 Variances The Board of Zoning Appeals may grant a variance from the terms of this Ordinance as will not be contrary to the public interest when owing to special conditions a literal enforcement of the provisions of this Ordinance would result in unnecessary and undue hardship. In order to grant any variance from the terms of this Ordinance the Board must find A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings similarly situated; B. That the special conditions and circumstances do not result from the actions of the applicant; C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures similarly situated; D. That a literal interpretation of the provisions of the Ordinance would deprive the applicant of rights commonly enjoyed by other properties similarly situated under the terms of the ordinance and would work unnecessary and undue hardship on the applicant.. E. That tho vnrl~nco granted 1~ tho minimum variance that will make possible the reasonable use of the land, -21- building or structure; F. That the grant of the variance will be in harmony with the general intent and purpose of this Ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; G. In granting any variance, the Board of Zoning Appeals may prescribe the following: (~) Appropriate conditions and safeguards in conformity with this Ordinance or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance. (2) A reasonable time limit within which the action for which the variance required shall be begun or completed or both. Section 9.00 9.01 Permit Applications General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see Section 4.00 for exceptions) of any sign shall apply for and receive a building permit in accordance with Re~olution 88-241 prior to the commencement of any work. A building permit will be issued by the Community Development Services Administrator, or his designee, provided that all permit requirements of the Ordinance and all other applicable provisions of Collier County's ordinances and regulations have been met. Permit Fees. A building permit fee shall be collected pursuant to the fee schedule set forth in Resolution 88-241. Every application for a building permit shall be in writing upon forms to be furnished by the Community Development Services Administrator, or his designee. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any mign under the provision of this ordinance, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: (1) The name, address and telephone number of the: a) owner and lessee of the sign and b) sign contractor or erector of the sign. (2) The legal description and the street address of the property upon which the sign is to be erected. (3) The dimensions of the sign including height; (4) The copy to be placed on the face of the sign. (5) Other information as required in the permit application forms provided by the Community Development Administrator, or his designee; including three (3) copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and -22- Section 10.00 10.01 10.02 (6) (7) (0) location of all existing signs on the subject parcel Three (3) blueprints or ink drawings, certified by a Florida registered engineer, of the plans and specifications and method of construction and attachment to the building or the ground. Plans on file with the Community Development Administrator, or his designee, may be used to satisfy the engineering requirements of the Standard Building Code, as adopted by Collier County. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. All signs permitted under this Ordinance shall have affixed to the sign, and visible from a distance of five feet (5'), the permit number. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six (6) months from the date of issuance of the permit. General. No sign shall hereafter be erected, placed, altered or moved unless in conformity with this Ordinance. All signs located within Collier County shall comply with the following requirements: The issuance of a sign permit pursuant to the requirements of this Ordinance shall not permit the construction or maintenance of a sign, or structure in violation of any existing County, State or Federal law or regulation. All signs for which a permit is required shall be subject to inspections by the County Manager, or his designee. The County Manager, or his designee, is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Ordinance are being adhered to. Such entrance shall be made during business hours, unless an emergency exists. The County Manager, or his designee, may order the removal of any sign that is not in compliance with the provisions of this Ordinance, im improperly maintained, or which would constitute a hazard to the public health, safety, and welfare. The Community Development Administrator, or his designee, shall be charged with interpretation and enforcement of this Ordinance. Enforcement Procedures. Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any act is prohibited, a failure to comply with such provisions shall constitue a violation of this Ordinance. The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, builder, contractor, agent, or other person who knowingly participates in, assists, directs, creates, or maintains any situation that is -23- 10.03 contrary to the requirements of this ordinance may be held responsible for the violation and be subject to the penalities and remedies provided herein. Where any sign, or part thereof violates this Ordinance, the Compliance Services Manager, or his designee, shall give to the owner, agent, lessee or other persons maintaining the sign, or the owner or lessee of the land upon which the sign is located, written notice by registered mail specifying the nature of the violation, ordering the cessation thereof, and requiring either the removal of the sign or the carrying out of remedial work. Such notice shall bo in following form: YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING VIOLATIONS OF THE COLLIER COUNTY SIGN ORDINANCE HAVE BEEN DISCOVERED: YOU HAVE THIRTY (30) DAYS FROM RECEIPT OF THIS NOTICE TO CORRECT ALL ABOVE NOTED VIOLATIONS. ONCE CORRECTED, YOU SHALL CALL THE COMPLIANCE SERVICE SECTION A~ND ARP3%NGE FOR AN INSPECTION OF THE PARCEL. IF YOU BELIEVE THAT AN ERROR HAS BEEN MADE, YOU MAY FILE A NOTICE OF INTENT TO APPEAL WIT}{ THE COM]~UNITY DEVELOPMENT SERVICES DIVISION, WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THIS NOTICE. PLEASE BE ADVISED THAT COLLIER COUNTY MAY REMOVE THE OFFENDING SIGN AT THE EXPIRATION OF THE THIRTY (30) DAY PERIOD IF THE VIOLATIONS }{AVE NOT BEEN CORRECTED. ALL COSTS FOR SUCH REMOVAL, SHALL BE CHARGED TO THE OWNER, AGENT OR LESSEE OF THE SIGN OR THE OWNER OF THE PROPERTY UI'ON WlllCIl THE SIGN IS LOCATED. If a sign is in such a condition as to be in dangor of falling, or ia 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 govern. In additiion to the penalties and remedies above, the Compliance Services Manager, or his designee, may institute any appropriate action or proceedings to prevent, restrain correct, or abate a violation of this Ordinance, as provided by law, including prosecution bcfore the Collier County Code Enforcement Board. Penalties If any person, firm or corpration, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. 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 -24- Section 11.00 ll. O1 Section 12.00 12.01 Section 13.00 13.01 non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive rolief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. All romedles and penalties provided for in this Section shall be comulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. Repeal section 8.31 "signs", of Ordinance 82-2 (Collier County Zoning Ordinance), as amended, is hereby repealed in its entirety. Conflict and SeverabiliSy 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 the 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 shall not affect the validity of the remaining portion. Effective Da~ This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. i JAMES C.~ES, Clerk . 0--" · ,~ppr. o.ved..~s to form and ~4sg.~! ~Ufficiency: ~arj~r~ M. stud~fit Aseist~'nt County Attorney /5o3 BOARD OF COUNTY COMMISSIONERS BORT L. SAUNDERS, Chairman SIGN ORD. AMENDMENT - DUP REVISED 8/23/89 .q -25- STATE OF FLORfD'A ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 89-60 which was adopted by the Board of County Commissioners on the 22nd day of August, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th August, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of By: Virginia Magri Deputy Clerk 03'6,A,.,. 175