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Ordinance 90-114ORDINANCE NO. 90-_~ ORDINANCE AMENDING ORDINANCE NUMBER 9-60,THE SIGN ORDINANCE FOR THE AREA OF COLLIER COUNTY, SECTION 3, GENERAL, SUBSECTION · 02, DEFINITIONS, BY AMENDING THE DEFINITIONS OF "POLE SIGN", "SHOPPING CENTER", "SIGN AREA", "STRIP LIGHTING" AND "V-SHAPED SIGN" AND ADDING A DEFINITION OF "SNIPE SIGN"; SECTION 4, SIGNS EXEMPT FROM PERMITTING, SUBSECTION 4.01, BY AMENDING THE REQUIREMFJITS FOR EXEMPTED REAL ESTATE SIGNS AND FLAGS AND BY ADDING EXEMPTIONS FOR CERTAIN CONSTRUCTION SIGNS AND SIGNS UTILIZED IN CONJUNCTION WITH TEMPORARY USE PERMITS; SECTION 5, PROHIBITED SIGNS, SUBSECTION 5.01, BY AMENDING THE CRITERIA FOR PROHIBITED SIGNS ATTACHED TO VEHICLES AND BOATS AND BY PROHIBITING TETHERED INFLATABLE SIGNS; SECTION 6, PERMITTED SIGNS, SUBSECTION 6.01, BY DELETING CERTAIN DISTANCE REQUIREMENTS FOR SIGNS; BY ADDING CRITERIA FOR FLAGS; BY AMENDING CERTAIN REQUIREMENTS FOR CONSTRUCTION SIGNS, BY DELETING TETHERED INFLATABLE SIGNS AS A PERMITTED SIGN; BY ADDING REQUIREMENTS FOR REAL ESTATE SIGNS, BY AMENDING CERTAIN REQUIREMENTS FOR WALL OR MANSARD SIGNS WITHIN AGRICULTURAL DISTRICTS, AND OTHER MINOR CHANGES; SECTION 7, NONCONFORMING SIGNS, SUBSECTION 7.01, BY AMENDING CERTAIN REQUIREMENTS FOR NONCONFORMING OFF-PREMISES SIGNS; SECTION 9, PERMIT APPLICATIONS, SUBSECTION 9.01.C, GENERAL, BY ADDING REQUIREMENTS FOR CERTIFIED DRAWINGS BY A FLORIDA REGISTERED ENGINEER FOR CERTAIN SIGNS, ENGINEERING CRITERIA FOR WALL SIGNS, REQUIREMENTS FOR THE DISPLAY OF SIGN PERMIT NUMBERS AND OTHER MINOR CHANGES; SECTION 10, ENFORCEMENT, SUBSECTION 10.01, GENERAL, BY MAKING MINOR CHANGES, SUBSECTION 10.02, ENFORCEMENT PROCEDURES, BY ADDING A PROVISION PERMITTING IM~4EDIATE REMOVA~ OF SIGNS IN RIGHT-OF-WAYS OR OTHER PUBLIC PROPERTY; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECT IVE . DATE · ~[WHEREAS, Chapter 125, Florida Statutes, establishes the right and .'of counties to provide for the health, welfare and safety of [Sting and future residents by enacting and enforcing zoning and regulations necessary for the protection of the public; and WHEREAS, on August 22, 1989, the Board of County Commissioners Ordinance Number 89-60, which removed the County's sign from the Zoning Ordinance and established the Sign are deleted; words ~ are added. mm-- Ordinance as an independent ordinance; and ~iWHEREAS, since that time, various sections of the ordinance and txilting language have been identified as requiring modification ilarification; and .WHEREAS, the Community Development Services Division, hereby .tions the Collier County Board of County Commissioners to amend Number 89-60, the Collier County Sign Ordinance as set forth '.NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners ~.'C°11ier County, Florida that: ONE: AMENDMENTS TO SUBSECTION 3.02, DEFINITIONS, OF ji ~3RDTNANCE NO. 89-60, THE COLLIER COUNTY SIGN ORDINANCE. Subsection 3.02, Definitions, of Section 3, General, of Ordinance 89-60, the Sign Ordinance of Collier County, is hereby amended definitions to read as follows: 00 Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Sign Ordinance". Applicability. This Ordinance shall apply to and be enforced in all unincorporated areas of Collier County, Florida. General. ,01 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 ~ttributes of the community and thereby undermines the economic value of tourism, visitation and permanent economic growth. Intent and Purpose. It is the intent and purpose of this Ordinance, and it shall be interpreted, to. implement the goals, policies and objectives of the 4rowth 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. B. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. Words-s~ek-%h~ea§h are deleted; words ~ are added. -2- 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 a~ailable on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation. Reflective of the identity and creativity of the individual occupants. Definitions. For the purpose of this Ordinance, unless otherwise expressly stated, the following words and phrases shall have the following meanings: Abandoned Sign= Any sign or sign structure expressly installed for the purpose of affixing a sign, which bears no sign ==-copy for ninety con~ecutive (90) days or more, or for a per~bf 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 become 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 premises 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, boat.l, 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 device, 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, 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. Words-st=uek-~h~eugh are deleted; words H~ are added. 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 caries more traffic for greater distance than a collector street. Awning Sign (a/k/a Canopy Sign or Marquee Sign): A sign suspended from or forming part of a shelter supported partially or entirely for the exterior wall of a building or structure. Banners: A temporary sign such as used to announce open houses, grand opening or special announcements. Billboards: Any sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produoed,, 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 n~mher of political signs. Bulletin Board: A hoard for posting notices such es thoss found at a school, church, or other civic organization. Canopy sign: (See Awning Sign) Changeable Copy Sign: 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, message 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 Sign: 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 Sign: 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. Copy: 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. Words-s~mek-~hmemgh are deleted; words underlined are added. -4- 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 signs may have changeable copy. Double Faced Sign: A sign having 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. Electric Sign: Any sign containing electric wiring, but not including signs illuminated by exterior light sources, such as floodlights. Entrance or Gate Sign (a/k/a Subdivision Sign): Any community entry sign which is designed to identify a subdi~ision or neighborhood, including but not limited to industrial and commercial parks, multifamily projects, and single family residential development. Farm 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, statu or country. Flashing Sign: 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. Freestanding sign: (See Pole Sign) Frontage: 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 arti~cial 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. Inflatable Signs: Any object made of plastic, vinyl, or other 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. '13 Words-s~mHek-%h=e~gh are deleted; words underlined are added. -5- 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 st~cture, or above the roof line. Mansard signs shall be considered wall signs. Major Intersection= The intersection 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 pro~ect, with a building or buildings housing more than one occupant. NonCOnforming Sign: 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 definition shall not be construed to include signs specifically prohibited by Section 5.00 of this Ordinance. Off-Premises Sign: (See Billboards) On-Premises Sign: A sign containing copy relating only to the principal legally licensed business, project, service, or activity conducted or sold on the same premises as that on which the sign is located. Outdoor Advertising Sign: (See Billboard) Permanent Sign: A sign which is affixed to a building or the ground in such a manner as to be immobile. Pole Sign: A sign, independent of support from any building, that is mounted on freestanding poles or other supports.-so ~ha~-~he-bot~om-edge-a~-the-s~gfl-~aee-~s-e~h~-~eet-~8~-~ mere-ebewe-g~adeT Political Sign: ~y sign which states the name and/or picture of an individual seeking election ~r appointment to a public office, or pertaining to a forthcoming public election, or referendum pertaining to or advocating political views of policies. Portable Sign: 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 constr~cted 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 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. Projecting Sign: 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. / ~C0~'~ 14 Words-s~uek-~hreugh are deleted; words underlined are added. -6- Public Service Sign: 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 Estate Sign: A sign which advertises the sale, lease, rental, or development of the property upon which it is located. Regional Shopping Center: A commercial center providing shopping goods, general merchandise, apparel, furniture, and home furnishings in full depth and variety. Such 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 (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 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. ~hopping Center: Am-*nteqrated-Hn*~-ef-~&ve-~S~-e~-mere =e~a*}-bHs*ness-es~ab~shmen~sT-e~-~wen~y-~*Ye-~heHsamd e~ess-~e-pHbA&e-~&~s-e~-way~ A croup of unified commercial establishments built on a site which is planned. develgDed, owned or manaaed as an ogeratina uni~ and related in its location, size and tvDe of shoDs to the trade area that the unit serves. It consists of eicht (8~ or more retail businesses or service establishments that have a minimum total of 20.000 scuare feet. No more than 20% of a ShODDina center's floor area can be composed of restaurants without Drovidina additional Darkina for the area over 20%. A marina, hotel, or motel with accessory retail shops is not considered a shoDDieS center. Sign: Any structure, device, vehicle, 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 heldl~o 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 area of the sign and including all of the elements of the matter displayed?= adve~s~n~-mee%e~--The-s~aee-a~ea-e~-~he-s~§n-she½~-be measH=ed-~em-~he-eu~s~de-ed~es-~-~he-s~m-e=-~he-s~g~ Words-s~ek-~h=em§h are deleted; words ~ are added. ~ i ": ~e~er-wh~ehever-~s-g~eeee~= The sign area shall include the aggregate sign area upon which copy eou~6-be is placed and all Darts of the si~n structure that bear advertisin~ matter Qr are constructed in such a manner as to draw attention'to ~e matter advertised. 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 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 im attached. Single Occupancy= A parcel of property existing as a single project, with the building or buildings housing only one occupant. SniDe Si~n: A si~n made of any material and attached to a utility Dole. tree. ~ence DOSt. stake, stick, mailbox or any simila=-ob~ect. Special Purpose 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, 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 Lighting: A continuous series of linear exterior lights designed to illuminate a sign e~ or a structure. ~ubstantial Improvement: 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 Sign: A sign intended to advertise community or civic projects, construction projects, or other special events on a temporary basis, for a designated period of time. U-Pic Sign: a sign describing a farm whez~ the customer picks or purchases the produce directly from the premises on which they are grown or produced. 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 apex is not more than ninety degrees (90"), and the two faces are not separated by more than ~weney-~,~m six inches (~4 ~") 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 Sign: 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 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 loc.ld~..~,%~ l§ Words-s~z~e;e-~h~eegh are deleted; words ~ are added. --8-- Wind Sign: 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 Sign: A window sign which is painted on, attached to, or visible through a window excluding displays of merchandise, and shall not exceed twenty-five (25) percent of the total window area in the same vertical plane at the same floor level on the side of the building or unit upon which the signs are displayed. ICTIONTWO= AMENDMENTS TO SECTION 4, SIGNS EXEMPT FROM PERMITTING, ORDINANCE NO. 89-60, THE COLLIER COUNTY SIGN ORDINANCE. Sectio~ 4, Signs Exempt from Permitting, of Ordinance Number 9.-60, the~ign~Dr~n~ce of'collier county, is hereby amended to read ~00 ~:4.01 Signs Exempt From Permitting The following signs are exempt from the permit requirements of'this Ordinance, and shall be permitted in all districts subject to the limitations set forth below: A. signs required to be maintained, or posted by law or governmental order, rule, or regulation. B.- 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. Ce 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, the occupant's profession or specialty and/or the street address of the premise. Memorial plagues, cornerstones, historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. Ee "No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided each sign does not exceed two (2) square feet in size. Real Estate Signs. All supports for such signs shall be securely built, constructed, and erected-%e-eem~e~m-w&th ~he-~eme~s~-re~emen~s-e~-~h~$-e~d~nanee? ~ located on the site listed for sale and 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 .C0 !7 are deleted; words RI~9~l~are added. -9- (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 §~eate~-then one (1) acre?-bu~ ~ess-~han-,~e~-aeFes ~ in size: non-residential districts: maximum of equate feet in size. residen~ial districts: maximum of twelve (12) square feet in size. ~T ene-,~}-gFeund-eF-wa~-aPeF-Sa~eaT-afeF-Ren~a? e~-s*m~a~-s&qn-pe~-e~ee~-f~o~aqe-fe~-eaeh paree~?-eF-½e~-~n-exeess-ef-te.-~O~-ae~es-~n s~ee~ s~eev - 4~." One '(1) on-premises sign for model homes, approved in conjunction with a temporary use . . permit in any ~oning district not to exceed foFty-~4e~ ~ square feet. Model home sign copy shall be limited to the model name, builders name, name and address, phone n,,mber, price, logo, and model home designation. SA. 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. Ge Te Real 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 or leased shall not be displayed for more than thirty (30) days after it is.~rected. Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding.twelve (12) square feet in size. Traffic control and safety sign or other municipal, County, Stat~ 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 frequently than every . , Words-st~ek-~h~eu~h are deleted~ words M~ are added. -10- Ke Ne 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. City. county, state or country fleas that will be flown on a flsa Dole that does not exceed fifteen ¢15) feet in height above finish ~rade or extend more than ten ¢10) feet from any buildina they are attached to. ar~ allowable if the number of fleas disPlaYed does ~Q~ exceed those described in Section 6.01A.¢7) and the flag Doles do not re=uire certified desianina and sealing bY a Florida resist.red .hain.er as described in Section Advertising and.identifying signs located on taxicabs, b~ses, 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. Construction Si,ns. All SUDDOrtS for such sians shall be securely built, constructed, and erected and shall., b9 located on the site under construction and no closer than fifteen ¢15) feet from any property line. and sub4ect to the followinq= One ¢1) around, or wall sian may be used a~ a construction sian by the aeneral contractor of th, development, within each front yard for each parcel less than one ¢1) acre in size: non-residential districts: residential districts: maximum of twelve ¢12) s~uare feet in size witNin each fron~ yard or a maximum of twelv~ ~12~ e=uara feet of~ maximum of four f4~ souare feet in size within each front yard or a maximum Of four g4) sauars feet of the permit board.. One (1) around or wall sian may be used as a construction sian by the aeneral contractor of the development, within each front yard for each Parcel one fl~ acre or laraer in size.: non-residential districts: maximum of thirty-tWO f32~ sauare feet in size within each front yard. ~'Words-et~ek-th~e~qh are deleted; words Mn~ are added. -11- !- residential districts: Maximum of twelve ¢12) souare feet in size within each front yard or a. maximum of twelve square feet of the' Der~it 3. One fl~ =round or wall si~n may be used as. a' construction si=n by each subcontractor, lendina _ iDstitution, or other similar company involved with %he develooment, reaardless of parcel size: ~ll zonina districts: maximum of four ¢4~ souare fe~t within each front yard .. .... ~ _~. 9r a maximum of four 8~uare feet of the Dermit 4~ ~.;A11. construction hi=ns must be removed prior to the ~u~_ issuance of certificate of -- - ~. occupancy, or when seventy percent [70%~ of a residential development is ~{ans in con4unction w~[th an aDoroved TemDora~ Use gECTION THREE: AMENDMENTS.TO SUBSECTION 5.01, PROHIBITED SIGNS, OF ORDINANCE NO. 89-60, THE COLLIER COUNTY SIGN ORDINANCE. ~., Subsection 5.01., of Section 5, Prohibited Signs, of Ordinance 89-60, t~e ~ign °r-dinahce of collier county, is-hereby amended am follOWa ~ Prohibited Signs ~." 5.01 It eh~ll 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 prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier C _ounty. B. Abandoned sign:s. ,. C. Animated or activated signs, except timer and temperature signs. D. Flashing Signs~ H3_91ectronic reader boards that do not :..~ flash on and off are not flashing signs.l E. Rotating signs. F. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential name plat~s, 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. Words-s~'~;~-~h~gh are deleted; words underlined are added. -12- G. 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. Strip-:lighted signs..' Neon type sig~s'except within all commercial and industrial districts. K. Roof signs. . Portable Signs. Signs which resemble any official sign or marker erected by any ~overnmental. 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. N. 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. Wind signs. Veh~eAe-s*gns£o~-~a*~e~o-when-sueh-e~e-used-e~e~us~ve~y feF-~e-puFpose-of-d~sp~ay~n§-e-e~gnT--Th~e-pFeh~b~en she~-ne~-be-deemed-~e-~ne~ude-s~gns-~neeFl~eFete~-en-e veh~e~e-et-the-manufae~u~er~o-er-d~s~F~buter~e-~eve~ wh~eh-~den~fy-eF-adveF~se-en~y-~he-~Fedue~-eF-meFv~ees d~a~ensed-eF-eeFF~ed-by-~he-veh~e~eT P. Siena on vehicles or boats, either attached to or painted on the vehicles or boats of any tvDe. which are consDicUouSlv parked tn close proximity to the riqht-of-wav and are obviously parked in such a way to advertise any business to the Dassina motorist or Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: (1) 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. ;Words-etFuek-thFouqh are deleted; words ~ are added. (3) Employs motion, have visible moving parts, or gives the illusion of motion (excludina time and temograture signs). (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 ~o=_ traffic. (7) Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign · -is maintained, except 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. Tethered inflatable signs. 5,02 Termination of Prohibited Signs. Within six months of the date of enactment of eh~s Ordinance ~9-60; 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 h~ldred ($100.00) dollars or more, and have been legally permitted, shall be treated as nonconforming signs and removed pursuant to Section 7.00.C of this Ordinance. SECTION FOUR: AMENDMENTS TO SUBSECTION 6.01, PERMITTED SIGNS, OF ORDINANCE NO. 89-60, THE COLLIER COUNTY SIGN ORDINANCE. ~*00 Permitted Signs ,'01 The following signs are permitted, u~Don issuance of a ~uildin= permit and subject to the restrictions below: A. On-Premises signs. 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: (1) 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 are deleted; words &~ are added. -14- 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 cn each public street. (a) Maximum allowable sign area - one hundred (100) squats feet for each pole or oround signs, or a maximum combined area of one hundred twenty (120) square feet for two ground signs, except for approved directory signs. (21 (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. (U) 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. Pole or Ground Signs Within Regional Shopping Centers. 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') separ=tion 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 maximum size of two hundred fifty (250) square feet will be permitted for a single entrance on each public street. (a) Ma-wimum allowable sign area - one hundred (100) square feet. except for approved directory sians. (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. i, Words-st~mek-th~emgh are deleted; words Rn~ are added. -15- ~Iaximum 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. The maximum size limitation shall apply to each 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. (3) Wall or l(ansard Signs. One (1) wall or mansard sign shall be permitted for each single occupancy parcel, or for.each establishment in a multiple occupancy parcel. Corner units within multiple occupancy parcels, or double frol~tage 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 w~h*m-eme-hana~ed-feet-~eeA~-e~-a~y-st=ee~ · ~re-~han-~e~-~ee~-~4~}-~m-he~h~r shall not be more than 20 percent (20%) of the total square footage of the e~&Me~? visual facade of the building to which the si,n will be attached, and shall not in any case exceed two hundred fifty (250) square feet in area per for any sign. (4) Projecting Signs. 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. (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) Marquee, Canopy or Awning Signs. In addition to any other sign which is allowed by this Ordinance, one (1) marquee, 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 In 24 Words-st~Hek-th~e~qh are deleted; words~are added. -16- (%') (b) contain letters not greater than six inches (6"0 in height, shall not exceed twenty feet (20') in length, and shall not rise in vertical dimension above the marquee, canopy, or awning. be~ew-a-ma~e~eeT-eanepy-e~-aw~n~-b~-~ay-nee exeeed-ehe-d~mens~ens-e~-ene-~ee~-~-by-e~x ehe-~=eea~ ~n addition to any other sign allowed bY this Ordinance one CZ~ under canopy ~lan shall be allowed for each sinale occupancy parcel, or for each establishment in a multiple occupancy parcel. Th~ sian shall not exceed six (6~ sauare f~et in area and shall be a minimum of eiaht (S~ feet above finish arade. signs Within Planned Unit Developments. Sign classes 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. ¢7~ Fleas. Residential ProPerties that have been issued a Certificate of OccuDanc~ may display un to three (3) city. county, state or country fleas. Three f3~ city. county, state or countr~ fleas may be displayed a~ the entrance of~_a commercial. office, industrial or residential development,. Where these developments have multiple entrances any entrance may have up to three (3~ ~laas each. provided: the development is at least ten (10) acres in size, any entrance with flags is Drovidin~ in~rpss/egress oRly, Pff a roadway that is designated a collector or arterial in the Traffic Element of the Growth Management Plan, and all 9ntrances with flag~ are at least three hundre~ (300~ feet apart. Four (4) additional flaas may be displayed within a development provided the flags are not visible to motorists alon~ any frontage roadways. The four (4) internaklv displayed fla~s may be increased by up to eight rS) additional fla~s for a maximum %otal of twelve (12) fla~s, ~ith the amount of the proposed increase to be determined,,,by th~ CommuD~tv Development Services Administrator, provided: all ProPosed fla~s would not be visible to motorists along any frontage roadways and the Community Development Services Administrator determines that the disPlaY of the extra f~ags is essential to the theme and design of the development. All flea Doles with a heiaht in excess of fift99~ f15) feet above finish arade or that extend more than ten (10) feet from an~ buildina that they are attached to shall be sub4ect to the Permit process, ~s a condition of Der~ittin~, the flaa pole foundation or a~tachment shall be designed by ~ Florida re~istered engineer on a ~i~ned and sealed drawin~ showin~ construction details and maximum flag area that is supportable. Certified desi~D~Dg Words-se~e~-eh~e~gh are deleted; words RD~ are added. an4 sealing shall not be reautred where flaa DOles are located at a distance exceedina their heiaht plus five ¢5) feet from all structures (except those designed solely for storaGeS. DroDertv boundaries, utility lines and Doles. and pedestrian;vehic%;lar acGes~wavs and roadways omen to the ~eneral Public or the residents of that gommunit¥. On sin~le-familv or duplex lots fla~ poles shall ~Pt exc~pd twent~ ~20) feet in height above finish arade or exceed thirty ¢30} feet in height above finish Grade when located in the Estates or A~ricultural Districts. For all other lots. fla~ Doles shall not exceed thirty-five f$5) feet in height from the finish ~rade or extend more than twenty ¢20) feet from any building to which they are attached. Temporary Signs. '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 minimum 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) Political Signs. Political campaign signs and posters shall be permitted subject to the following .... r~u...!~eme~s~ (~)' Prior-ts the erect[o~, installing, placing, or displaying of a political sign a bulk _ temporary permit sh&ll be.obtained. The fee for said bulk permit shall be as adopted by resolution by the Board of County Commissioners. 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) feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. (c) Political campaign signs or posters will be permitted in all other zoning districts within 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) .Ail 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 teh campaign issue has been decided. Words-struek-th~e~qh are deleted; words ~l~are added. -18- (2) Construction Signs. One (1) temporary on-si~e construction sign may bs 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, ~nd shall not exceed the following size restrictions= Residential, industrial, commercial and institutional developments within all zoning districts: _ under~o-aeFss-&n-s&ze~ .... A-~empeFa~.T-e*gn ne~-~o-exeeed-foF~M ,4e~-squaFe-fee~-~n s~se*a%-eaeh-s%Fee% A temporary s~n not to exceed sixty (60) square feet at bach street --. frontage.'. over 10. acres in size: ~b~--Subeon~Fae~eFs~-Aend*mg-*ns~*%u~*ens~-eF-o~heF s~m~aF-s~gns-represen~ng-eempan~es-~nvo~ved w&~h-~he-deve~epmen~?-may-p~aee-a-feur-~4~ sq~are-Eee~-~den~f~ea~efl-s~fl-w~th~m-~wen~y f~ve-~SA~-feee-e~-ehe-eems~Fuee&em-s&~m-em ehe-~eb-s&eev (e~) Temporary construction signs shall be located not closer than f*f~een ~ feet (~S30') to any property line. (3) Grand Opening Signs. An occupant may display a an on-site grand opening sign not exceeding thirty-two (32) sguare feet on a side, and not exceeding sixty-four (64) square feet total. The banner sign shall be anchored and may be displayed on-site for a period not exceeding fourteen (14) days 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. Such signs shall require a buildin~ permit. eemp~M-w&tW-PAA-req~ememesr (~) Farm Signs. (Qn-Site} 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 m 27 Words-s~ek-th~euqh are deleted; words M~ are added. ";: '' -19~ ~ ~'; ~ . 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. ~ shall recruire a building permit. Real Estate SiGns. One ¢1) temporary_ on-site ground or wall "For Sale". "For Rent". or similar sign withi~ ~ach front yard for each parcel or lot An excess of ten ¢10) acres An size. may be erected subject to the followinG= fa) Res~Dtial. industrial, commercial sod institutional developments within all zoning ~ .- A maximum of..~ixt~ f60) sauare feet in size within each front yard. lc% Real estat~ sians shall not be located closer than thirty (]0~ feet from any DroDertv line. Cd~ Real estate signs uo to sixty ¢60~ sauare feet are allowed for model homes subject to the other reauirements of this ~ubsection. f~) Real estate sians shall be removed when ownershiD ha9 chanaed, the property is no lonGeT for sale. rent or lease, or the model home ~s no longer being used as a model home. A sign advertisin~ that a property has been sold or leased shall not be displayed for more than thirty (30) days after it is erected. Special Purpose Signs. (On-Site) 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. Special purpose signs shall be allowed subject to the following requirements: (1) Theater signs. (On-site) 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) square feet in area. Such sign shall require a building permit. (2) Automobile Service Stations. In addition to the signs otherwise permitted by this Ordinance, automobile service stations shall be 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 be affixed to the ~tructure of a pole on the property. Such sign shmll require a building permit. (3) Time and Temperature 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 Signs. Directional or identification signs no greater than (4) square feet in size, and located internal to Words-s~r~ek-th=e~qh are deleted; words~l~are added. -20- (5) the subdivision or development, may be allowed subject to the approval of the Community Developmen~ 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. Such signs shall require a building permit. Commercial and Industrial Directional or Identification Signs. 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 th~.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. Such signs shall require a building permit. On-Premises 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 sign~ 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. On-Premises Signs Within Agricultura~ 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: (1) One (1)~pole or ground sign identifying the farm organiza4:ion, 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. ECO 29 !i~ Words-stem.k-th=.ugh are deleted; words ~ are added. -21- (a) The maximum allowable sign area for each 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. Wall or Mansard S~.gns 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: (1) 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 ~aximum allowable display area for any sign w~th~n-ens-h~d~ed-~ee~-~ee&~-s~-any s~Feet-F~ght-e~-way-eF-pFopeFty-~*ne-shaA~-not e~e~e-~eet-im-a~ee-pe~-eiqm shall not be more than 20 verc~t footece of the wall to which it is affixed. and shall not in any case exceed two hundred fifty ¢250) ecuare feet in area var sion. (b) The-ma~im~m-a}}ewab}e-~ispAay-a~ea-~e~-eaeh s~gn-may-be-~me~ease~-a~-a-~ae~e-e~-ene-~ s~a~e-~ee~-~e~-eeeh-a~&~&ena~-~we-~ee~-e~ ee~baek-a~eve-eme-h~m~e~-~ee~-~ee~-~em-amy se~ee~-~h~-e~-way-e~-p~epe~ey-A*me~-me~-~e exeee~-a-max~m~m-e~-eme-h~m~e~-t~ee}-s~e=e Off-Premises Directional Signs. Off-premises directional signs are permitted subject to review and approval of tho design and location of such signs by the eeu~y-Mana~e~ Community Development Services Administrator. or his designee, if the 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 aha11 be permitted, identifying the location and nature of a building, structure, or use which is not visible from the street serving such building, structu~, 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. H. Illuminated Signs. All illuminated signs shall have electrical comDon~.4ts, connections, and installations Words-s~ek-~h~e~ are deleted; words underlined are added. -22- 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 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. SECTION FIVE: AMENDMENTS TO SUBSECTION 7.01, NONCONFORMING SIG]~S, OF ORDINANCE NO. 89-60, THE COLLIER COUNTY SIGN ORDINANCE. Paragraph C., of Subsection 7.01, of Section 7, Nonconforming of Ordinance Number 89-60, the Sign Ordinance of Collier County, ~ereby amended to'read as follows: Nonconforming Signs Existing signs not expressly prohibited by this Ordinance and not conforming to its. provisions shall be regarded as nonconforming signs~-. A. The following signs, and sign structures shall be removed or made to conform to this Ordinance within ninety (90]=~ays from the_effectSve date thereof: (1) Signs made of paper,'cloth, or other nondurable materials. (2) All temporary signs. (3) Those signs described in Sub-Sections 5.01.G, 5.01.M, 5.01.N, §.01.Q and 5.01.R of this Ordinance. Be Nonconforming On-Premises Permanent Signs. All 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. Nonconforming Off-Premises signs. A~i nonconforming off-premises signs, and sign structures having an original cost or value of one hundred ($100.00) dollars or more may b~ maintained for the longer of the following periods: (1) T~o (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,O00 More than $10,000 (3) Permitted Years Prom Effective Date of Ordinanc~ 3 years 4 years 5 years 7 years Any owner of an off-premises sign who requests an Words-st~ek-thre~qh ar~ deleted; words 9D&~ are added. -23- ?.02 ~- '8 o O0 8, O1 amortization perLod longer than two (2) years shall, within one (1) year from the date of enactment of these regulations, register the sign with the eust~me~ Community Development Services Mama~e~ ~~, 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. The off-premise si~n owner's sianature shall be witnessed before a notar~ public on all reuuests for extended amortize%ions. A registration fee of fifty dollars ($50.00) shall be paid at the time of registration. ~ontinuation of Nonconforming Signs Subject to the limitations imposed by Section 7.00 of this Ordinance, a nonconforming sign may be continued and shall be m~inta.ined in good condition as required by this Ordinance, but shall not be: 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 permanent on-premises 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. D. 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. E. Nonconforming status shall not be af§orded 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. 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 Words-s~ek-~h~euqh are deleted; words underlined are added. -24- 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 t~.variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; F. That the granting of the variance will be in harmony with~e'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: (1) 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 beth. ~ECTION SIX: AMENDMENTS TO SUBSECTION 9.01, GENERAL OF, PERMIT APPLICATIONS, OF ORDINANCE NO. 89-60, THE COLLIER COUNTY SIGN ORDINANCE. Paragraph C., of Subsection 9.01, General, of Section 9, Permit ;lications, of Ordinance Number 89-60, the Sign Ordinance of Collier hereby amended as follows: 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 Resolution 88-241 prior to th~ 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 Words-e~ek-eh~egh ars deleted; words ~ are added. -25- 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 sign 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 inclu, ding: (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 di~ensions 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 Services Administrator, or his designee; including ~h~ee-~9~ two (2} copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing Dole SignS. around and direotorv signs on the subject parcel. (6) a. Th=ee-~ Two ¢2) 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 for all Dole signs and all Drodectina sians: and any around sig~ over thirty-two (32) s~uare feet. o~-h~s-des~neeT-may-be-~sed-~e-sa~s~y-~he eDg~Bee=~m~-ree/H~emen~s-~-~he-S~andard b. Wall s~ans, or any separate part thezeQf, which is t9 ~9 affixed to a wall shall~b9 fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sian or separate Dart th~=~9~ under wind load conditions ~f the ~pgroved Collier County Buildina Code Ordinance. Flood Ordinance, ~D~ th~ Coastal Buildina OrdinaDce, .AD~ such sian or separate Dart thereof which is not mounted flush with the surface and which weiahs more than twent~ pounds shall have a Florida registered enaineer design the mounting or fastening ~y~em and depict the svstem on sianed and sealed drawinas which shall accompany th~ permit application. (7) If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. (8) A~-s~ns-~erm~ed-umde~-~h~s-e~d~nanee-sha~-hawe af~xed-~o-~he-s~T-and-v~s~b~e-fmem-s-d~e~e~ee-e~ ~ve-~ee~-~A~?-~he-pe~m~-n~mbe~, The permit number shall be d~sDlayed or affixed at the bot~0~ of the s/an face and shall have the same life Words-s~ek-~h~e~h are deleted; words underlined are added. e~ectancv as the sian. ~uch permit number shall be clearly leaible to a person standina five rS) feet in front of the ba~ of the si~n and in no case shall the permit n~ber be less than one-half ~1;21 inch in size. 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. i:SECTION SEVEN: AMENDMENTS TO SECTION 10, ENFORCEMENT, OF ORDINANCE NUMBER 89-60, THE COLLIER COUNTY SIGN ORDINANCE. Section 10, Enforcement, of Ordinance Number 89-60, the Sign of Collier County is hereby amended to read as follows: 0.00 Enforcement .0.01 10.02 General. No sign shall hereafter be erected, placed, altered or moved unless in conformity with this Ordinance. Ail signs located within Collier County shall comply with the following requirements: A. 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. B. 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, is improperly maintained, or which would constitute a hazard to the public health, safety, and welfare. B,C~ The Community Development Services 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 constitute a violation of this Ordinance. A. The owner, ~Dant, ~/K~Lor 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 contrary to the requirements of this ordinance may be held responsible for the violation and be subject to the penalties and remedies provided her,min. Where any sign, or part thereof violates this Ordinance, the Community Development Services Administrator, or his designee, shall give to the owner, agent, lessee or other persons maintaining the sign, or the owner or Words-st~ck-th~mH~h are deleted; words underlined are added. -27- --mm mm mm lessee of the land upon which the sign is located, written notice by registered or certified return receipt 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 be in the following form: YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING VIOLATIONS OF THE COLLIER COUNTY SIGN ORDINANCE 89-60 HAVE BEEN DISCOVERED; YOU HAVE THIRTY (30) DAYS FROM ~ ~ TO CORRECT ALL ABOVE NOTED VIOLATIONS. ONCE CORRECTED, YOU SHALL CALL THE COMPLIANCE SERVICE~ SECTION AND ARRANGE FOR AN INSPECTION OF THE PARCEL. IF YOU BELIEVE THAT AN ERROR HAS BEEN MADE, YOU MAY FILE A NOTICE OF INTENT TO APPEAL WITH THE COMMUNITY DEVELOPMENT SERVICES DIVISION, WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THIS NOTICE. PLEASE BE ADVISED THAT COLLIER COUNTY MAY R~2(OVE THE OFFENDING SIGN AT THE EXPIRATION OF THE THIRTY (30) DAY PERIOD IF THE VIOLATIONS HAVE NOT BEEN CORRECTED. ALL COSTS FOR SUCH .... REMOVAL, SHALL BE CHARGED TO THE OWNER, AGENT OR LESSEE -"OF=THE SIGN CRT HE O~;EROF THE PROPERTY UPON WHICH THE SIGN IS LOCATED. DJ If a sign is in such a 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 govern. In addition 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 before the Collier County Code Enforcement Board. Compliance Services shall immediately remove all violative signs located in or uDon Dublic riqhts of way or Public DrODerty, Penalties. If any person, firm or corporation, 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 crimson-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 non-compliance. 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. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of m 36 Words-s~mek-th~s~gh are deleted; words~are added. -28- SECTION EIGHT: this Ordinance by means of a Code Enforcement Board established pur~;uant to the authority of Chapter 162, Florida Statute~. All remedies and penalties provided for in this Section shall be cumulative 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. Conflict and SQverability In the event thie Ordinance conflicts with any other Ordinance of ~Collier County or other applicable law, the more restrictive shall '. 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, di~stinct and independent provision and such )1ding shall not affect the validity of the remaining portion. "SECTION NINE: Effective Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of BOARD~ OF COUNTY COMMISSIONERS COLLIER. CO~Y, FLORIDA MAX A. ~S~E, JR., ~HA~/RMAN (~' AS'TO FORM AND LEGAL SUFFICIENCY: t2656 M. STUDENT CO~ ATTORNEY SIGN ORDINANCE AMENDMI~Pr Words-st~Hek-th=e~qh are deleted; words ~ are added. -29- · OF FLORIDA · OF COLLIER X, 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. 90-114 which was adopted by the Board of County Commissioners on 'the 2?th day of December, 1990, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd ,day of January, 1991. JAMES C. GILES Clerk of Courts and Ex-officio to Board of:.:. County Commission.erst; ~y: /s/Maureen Kenyon Deputy Clerk