Dunedin, FL Land Development Code

Transcription

1 Dunedin, FL Land Development Code REFER TO: Section Section Section SIGN REGULATIONS Signs Allowed In All Districts, No Permit Required Page 32 - Chapter 105, item (J) Political Signs Quick Reference Guide Table Page 36 - Chapter 105, item 11 Page Chapter 105, item 12 (!,.

2 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS SIGN REGULATIONS General Purpose and Scope of Chapter The City is a small resort and primarily single family residential community on the west coast of Florida with more than two miles of beaches on the Saint Joseph's Sound and six miles of waterfront property. The economic base of the City is heavily dependent on tourism. In order to preserve the City as a community in which people wish to, live, visit, vacation and retire the City must maintain a visually aesthetic and safe environment. The regulation of signs withio the City is an effective means by which to achieve this desired end. These sign regulations are prepared with the intent of promoting the public health, safety and general welfare in the City through a comprehensive system of reasonable, consistent, and nondiscriminatory sign standards and requirements. This Sign Code regulates signs, as defined io this Land Development Code, which are placed on private property, or on property owned by public agencies including the City of Dunedin, and over which the City has zoning authority. These sigo regulations are intended to: (A) (B) (C) Encourage the effective use of signs as a means of communication in the City; Maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; Improve pedestrian and traffic safety; (D) Minimize the possible adverse effect of signs on nearby public and private property; (E) (F) Foster the integration of signage with architectural and landscape designs; Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic; (G) Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs; (H) Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain; (I) (J) Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business; Establish sign size in relationship to the scale of the lot and building on which the sigo is to be placed or to which it pertains; (K) Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function; (L) Preclude signs from conflicting with the principal permitted use of the site and adjoining sites; (M) Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians; (N) Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs; CD105:43

3 DUNEDIN CODE (0) Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the City; (P) (Q) (R) (S) (T) Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream; Protect property values by precluding, to the maximum extent possible, sign-types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement; Protect property values by ensuring that sign-types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area; Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the City and that complements the natural surroundings in recognition of this City's reliance on its natural surroundings and beautification efforts in retaining economic advantage for its resort community, as well as for its major subdivisions, shopping centers and industrial parks; Enable the fair and consistent enforcement of these sign regulations; (U) To promote the use of signs which positively contribute to the aesthetics of the community, are appropriate in scale to the surrounding buildings and landscape, and to advance the City's goals of quality development; (V) To provide standards regarding the non-communicative aspects of signs, which are consistent witb applicable provisions of city, county, state and federal law; (W) Th provide flexibility and encourage variety in signage, and create an incentive to relate signage to the basic principles of good design; and (X) Assure that the benefits derived from the expenditure of public funds for the improvement and beautification of streets, sidewalks, public parks, public rights-of-way, and other public places and spaces, are protected by exercising reasonable controls over the physical characteristics and structural design of signs Regulatory Interpretations It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All regulatory interpretations of this Sign Code are to be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Sign Code, or whenever a sign does not qualify as a "structure" as defined in the Florida Building Code or the City Code, then the City shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Sign Code. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process. The policies, rules and regulations stated in this Sign Code apply to all signs within the regulatory scope of this Code, and to all provisions of this Code, notwithstanding any more specific provisions to the contrary. This Sign Code states the policy decisions regarding display of signs, made by the City commission after carefully CD105:44

4 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS balancing many competing factors and interests. This Sign Code consolidates all general provisions relating to the installation, regulation and amortization of signs on private property throughout the City of Dunedin. The City further makes the following findings: (A) (B) The City Commission specifically finds that off-premises advertising signs present more of a traffic hazard than on-premises advertising signs because, among other factors, the content of off-premises advertising signs changes with more frequency than the content of on-premises advertising signs; The City Commission finds and intends that noncommercial signs shall be considered to be on-premises signs; (C) The City Commission further finds that some signs, particularly large signs such as billboards, detract from the aesthetic beauty of the City and create a safety hazard by distracting motorists, pedestrians, and others. The City Commission wishes to preserve the aesthetic beauty and safety of the community. The City Commission further recognizes that the City of Dunedin has prohibited billboard signs since at least 197 4; (D) The City Commission further finds that when a sign type is neither expressly allowed nor prohibited by this Sign Code, or whenever a sign does not qualify as a "structure" as defined in the Florida Building Code or the City Code, then the City shall approve, conditionally approve, or di&approve the application based on the most similar sign type that is expressly regulated by this Sign Code. (E) (F) The City Commission further finds that all rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., shall be enforceable independently of any permit or approval process. The City Commission further specifically finds that the policies, rules and regulations stated in this Sign Code apply to all signs within the regulatory scope of this Code, and to all provisions of this Code, notwithstanding any more specific provisions to the contrary. This Sign Code states the policy decisions regarding display of signs, made by the City commission after carefully balancing many competing factors and interests. This Sign Code consolidates all general provisions relating to the installation, regulation and amortization of signs on all property throughout the City of Dunedin; (G) The City Commission finds and intends that the maximum height and size for structures and any setback provisions found in the Dunedin Land Development Code shall apply to signs in the City even if the provisions of this sign code cannot apply due to any valid court order; (H) The City Commission is aware of the fact that there have been several judicial determinations that severability clauses in sign regulations will not be applied to their maximum extent due to the courts' uncertainty as to the legislative intent with regard to the application of the severability clause. Therefore, the City Commission specifically finds that the severability clauses in the City's Sign Ordinance should be applied to the maximum extent possible, even if less speech would result from a determination that any exceptions, limitations, variances or other provisions are invalid or unconstitutional for any reason whatsoever; (I) The City Commission desires that there be an ample record that it intends for safety and aesthetic reasons, each prohibited sign-type continue to be prohibited regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the City's Sign Ordinance, other ordinances, code provisions, or other laws for any reason(s) whatsoever; CD105:45

5 DUNEDIN CODE (J) (K) The City Commission further desires to make it clear that billboards are not a compatible land use within the City and that there can be no good faith reliance by any prospective billboard developer under the doctrine of Vested Rights or otherwise in connection with the prospective erection or construction of billboards within the jurisdictional limits of the City; and The City Commission recognizes that limitations on various types of signs are also related to the zoning districts for the properties on which they are located. Various signs that serve a function as signage for particular land uses, such as theaters, or hospitals and medical facilities are allowed some additional features in recognition of the differing special functions served by those land uses. These differences are in no way intended to favor any particular viewpoint or content, or to control the subject matter of public discourse Prohibited Signs (A) Signs that are deemed abandoned under (E) of this Sign Code, or do not conform with the provisions of this Subsection or any other applicable ordinance, statute or law, shall be removed by the property owner within 30 days after receipt of notification (which will immediately follow the 90 day abandonment period described in (E) or refusal to accept delivery of notification by certified mail, that such removal is required). Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels or durable material off-white white or tan in color and containing no message. (B) Bench signs, and bus shelter advertising signs. (C) Billboards. (D) Wall wrap or building wrap signs. (E) Changeable message sign only. (F) Snipe signs. (G) Any sign nailed, fastened, affixed to, hanging from, or painted on any tree or part thereof (living or dead), or other vegetation. (H) Flashing signs. (I) Animated signs. (J) Revolving or rotating signs. (K) Signs which move, twirl or swing, including multi-prism and tri-vision signs. (L) Electronic signs, except when required as traffic control device signs. (M) Floodlights and beacon lights, except when required by the Federal Aviation Agency. (N) Wind signs. (0) Pennants, streamers, balloons, wind activated banners, cold air inflatables and other fixed aerial signage, except where specifically provided elsewhere in this Sign Code. (P) Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. (Q) Off-premises signs, unless specifically excepted m this Sign Code, such as in the case or emergency, warning and safety signs. CD105:46

6 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS (R) Any sign in or over the public right of way, other than traffic control device signs, bus stop informational signs, emergency, warning or safety signs, except as may be allowed by City Commission resolution that sets forth specific criteria not based on the speaker's viewpoint and not allowing undue discretion on the part of any City official. (S) Pavement markings, except official traffic control-markings and street addresses, except as provided elsewhere in this chapter. (T) Signs attached to piers, docks, tie poles or seawalls, other than emergency, warning or safety signs as otherwise allowable under this Sign Code, or required by State or Federal Law. (U) Signs in or upon any river, bay, lake, or other body of water within the limits ofthe City, other than emergency, warning or safety signs as otherwise allowable under this Sign Code, or required by State or Federal Law. (V) Portable signs. (W) Roof and above roof signs. (X) Three dimensional objects that are used as signs. (Y) Time and temperature signs. (Z) Umbrella signs. (AA) Projecting signs, other than projecting signs as allowed within the Downtown Core "DC" zoning district and commercial zoning districts, pursuant to this Sign Code. In addition, standard Channel Set letters on signs do not render a sign a projecting sign. (BB) Signs that obstruct, conceal, hide or otherwise obscure from view any traffic control device sign or official traffic signal. (CC) Any sign other than a traffic control device sign that uses the word "stop" or "danger," or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of a traffic control device sign and which is adjacent to the right-of-way of any road, street, or highway. (DO) Any sign prohibited by State or Federal Law. (EE) Signs that emit sound, vapor, smoke, odor, particles, flame or gas. (FF) Signs that contain any food or other substance that attracts large numbers of birds or other animals and causes them to congregate on or near the sign. (GG) Signs that are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled public rights-of-way thereby creating a potential traffic or pedestrian hazard or a nuisance to inhabitants of an adjacent neighborhood. No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal. (HH) Commercial Mascots and Commercial Message signs that are carried, waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies, or otherwise exercising their valid First Amendment rights. (II) Vehicle sign or signs with a total sign area on any vehicle in excess often (10) square feet, and the vehicle is not, "regularly used in the conduct of the business" and 1. Is visible from a street right-of-way within one hundred (100) feet of the vehicle, and CD105:47

7 DUNEDIN CODE 2. Is parked for more than two (2) consecutive hours in any twenty-four (24) hour period within one hundred (100) feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business" if the vehicle is used primarily (i) for advertising, or (ii) for the purpose of advertising. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal hours of business and which is currently licensed, insured and operable; provided, however, that no such vehicle shall be parked on public or private property with signs attached or placed on such vehicle primarily for the purpose of advertising a business establishment or firm or calling attention to the location of a business establishment or firm. In addition, no vehicle with a total sign area in excess of ten (10) square feet, whether regularly used in the course of business or, not may be parked where it is visible from the street or right of way for more than two (2) consecutive hours in any twenty-four (24) hour period of time, unless that vehicle is parked in the driveway of a home occupied by the owner of the vehicle or is parked in a legal parking space identified on an approved site plan for the property a business owned or operated by the owner of the vehicle. (JJ) Mobile Billboard Advertising. It is a violation of City Code and this Sign Code for any person to conduct, or cause to be conducted, any mobile billboard advertising upon any street, or any other public place within the City in which the public has the right to travel. This prohibition does not apply to: 1. Any vehicle which displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisements; 2. Buses; or 3. Taxicabs. (KK) Any sign located on real property without the permission of the property owner. (LL) Any feather flutter or swooper flag. (MM) Obscene signs that meet the definition of obscenity under Florida Statutes et seq., as amended. (Ord. No , 1, ) Exemptions This Sign Code does not pertain to the following: (A) A sign (except a window sign which shall be subject to the provisions of this division) located entirely inside the premises of a building enclosed space, or otherwise entirely internal to a property and that are not visible from the right of way or public parking lot, including but not limited to a baseball stadium or field. (B) A statutory sign. (C) (D) (E) A traffic control device sign. Artwork that does not function as a sign. Holiday or seasonal decorations that do not function as a sign Temporary Exemptions A. The City Commission may, by resolution, authorize a temporary exemption for the use of certain signs by the owners or tenants of Dunedin commercial properties, in the City of Dunedin, after receiving evidence from City Staff as to economic hardship, as is hereinunder set forth. CD105:48

8 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS B. In the resolution, the City Commission must find that there exists an economic hardship condition in the City of Dunedin. Such finding shall be a legislative act of the City Commission. A hardship situation shall only exist upon a finding of the present existence of an unemployment rate of 7% or greater published by the "Bureau of Labor Statistics for Pinellas County" averaged for the preceding six (6) months. C. The City Commission in such resolution shall determine the time period in which such exemption shall apply. Such exemption shall not exceed 365 days, but the time period may be extended by adoption of a new resolution by the City Commission. D. Only exemptions for the following signs shall be allowed: L No more than six (6) umbrella structures, not more than five (5) feet in diameter containing the name ofthe business, which may be placed only within an outside dining area during such times as the restaurant is open and actively serving patrons. 2. No more than two (2) mascot signs continuously carried by a person(s) identifying the business, whether such sign is carried by a person in costume or not. Such sign must be continuously held by the person and the person may not enter the public right-of-way but must remain on the private property which is being advertised in the mascot's sign. Mascot signs shall be prohibited within the "DC" (Downtown Core") zoning district. 3. A vehicle wrap sign that is permanently affixed to a vehicle on the private property of the business location adjacent to the public right-of-way, or otherwise on the private property ofthe business for a period of twelve (12) hours on any specific day. The vehicle must be currently licensed, insured and operable, and must be moved from its position adjacent to the public right-of-way to the location of the business and not used for advertising purposes as is prohibited by Section L3(J)(J) of the Sign Code after the twelve (12) hour period. 4. No more than two (2) flutter flags per business. For multi-tenant business centers, only 25% of the total number of eligible flags (rounded up the nearest whole number) may be displayed at any one time. Any rotation of the eligible flags will be at the sole discretion of the property owner or his/her designee. E. It is the obligation of the property owner or tenant or a sign user to discontinue the use of such signs which are exempted hereunder at the conclusion of the specific time of exemption. Each day of unauthorized use shall constitute a separate offense. F. Nothing herein shall be interpreted to regulate or limit the content of such temporarily exempted signage, nor shall any content limitation or requirement be imposed by the required resolution. G. Nothing in this section shall directly or by inference allow off-site signage. COrd. No , 1, ) Administration and Enforcement Nonconforming Signs (RESERVED) Permits and Fees (A) Before issuance of a permit, the Planning Director or designee shall collect the necessary sign permit fees. The sign permit fees shall be as designated by ordinance of the City Commission, and listed in Appendix C, 11 Fees... CD105:49

9 DUNEDIN CODE (B) Generally. Signs subject to this sign code shall be designed, constructed, and maintained in compliance with the City's building, electrical, maintenance, and all other applicable codes and ordinances and in compliance with all applicable state and federal law, codes and regulations. In the event that a court of competent jurisdiction were to strike or nullify any section of the Dunedin Sign Code or the sign code in its entirety the Dunedin Land Development Code will govern sign maximum size, height and setback limitations for signs in the City. It is also the intent of the City Commission that in the event that any portion of the sign code is struck or nullified by a court of competent jurisdiction, the section of the sign code enumerating prohibited signs, shall remain in effect along with and Appendix A (Definitions), as stand alone provisions of the code unless they are specifically found to be invalid in and of themselves. (C) Permit requirements. No sign shall be erected, constructed, altered or relocated without a permit issued, except as otherwise provided in this chapter. Where electrical permits are required, they shall be obtained at the same time as the sign permit. Sign permits shall be obtained separate from building permits. The requirement of a building or electrical permit is separate and independent of the requirement for a sign permit under this Code. No sign shall be erected, constructed, relocated, altered or maintained without compliance with all permit requirements under local ordinance, state or other applicable law. (D) Fees. Each application for a sign permit shall be accompanied by the applicable fees. When a sign has been erected or constructed before a permit is obtained, the permit fee shall be quadrupled. (E) Signage plan. For any site on which the owner proposes to erect one or more signs requiring a permit the owner, or representative, shall submit to the Planning Director or designee two copies of a signage plan containing the following: 1. An accurate plan of the site, at such scale as the Planning Director or designee may reasonably require; 2. Location of buildings, parking lots, driveways, and landscaped areas on such site; 3. Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the site under this Code; 4. An accurate indication on the plan of the proposed location of each present and future sign of any type, whether requiring a permit or not; 5. Detailed drawings to show the dimensions, design, structure and location of each particular sign (when depicting the design of the sign it is not necessary to show the content of the sign as the sign reviewer is prohibited from taking this factor into consideration); 6. Name of person, firm, corporation or association erecting the sign; 7. Written consent to the permit application, by the owner, or authorized designee, of the building or lot on which the sign is to be erected. Consent of an authorized agent of an owner, contractor or other agent of the lessee shall be sufficient for purposes of this provision; and 8. Such other information as the Planning Director shall require to show full compliance with this chapter and all other applicable laws and ordinances. As part of the application the applicant or the applicant's authorized representative must certify in a legally sufficient notarized signed statement that all information provided in the application is true and correct. (F) Nullification. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date ofthe permit. If the sign is an integral part of a new building structure, then the permit shall be valid until completion of the building. CD105:50

10 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS (G) Permit exceptions. The following operations shall not be considered as creating a sign and, therefore, shall not require a sign permit: 1. Replacing. The changing of the advertising copy or message on a previously permitted similarly approved sign which is specifically designed for the use of replaceable copy. 2. Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign structure unless a structural change is made. 3. Exempted signs. Exempted signs, , unless permits are specifically required, are exempt from the permit requirements of this section Inspection; Removal; Safety (A) Inspection. Signs for which a permit is required under this Article may be inspected periodically by the building official for compliance with this chapter, other codes of the City, and all terms upon which the sign permit may have been conditioned. (B) Maintenance. All signs and components thereof shall be kept in good repair and in a safe, neat, clean and attractive condition with no fading, cracking or chipping visible. No consideration, however, shall be given to the content of the sign copy when making the determination that the sign should be removed due to a violation of this subsection. (C) Removal of sign. The Planning Director, or designee, may order the removal of any sign erected or maintained in violation of this chapter, or that are declared a nuisance either by court order or under the provisions of the Dunedin Code. In non emergency situations where the sign is not an immanent danger to the health and safety of the residents of the City, he or she shall give 30 days' notice in writing to the owner of such sign, at the address reflected on the Pinellas County Property Appraiser's website. If the sign is not removed within the 30-day notice period, the City shall cause the sign to be removed at the cost of the owner. The criminal penalties, which are incurred by the failure to remove the sign, shall not be affected by the removal of the sign at the direction of the Planning Director, or designee. The City may additionally take the steps set forth in this subsection for any violation of this section. (D) Unsafe Sign. Absent an emergency where a sign poses an imminent danger to the health or safety of the public (in which case no notice is needed), if the Building Official determines any sign or sign structure to be in an unsafe condition, he shall immediately notify, in writing, the owner of such sign who shall correct such condition within forty-eight ( 48) hours. If the correction has not been made within forty-eight (48) hours, the Building Official may have the sign removed if it creates a danger to the public safety or have any necessary repairs or maintenance performed at the expense ofthe sign owner or owner or lessee of the property upon which the sign is located. If in his professional opinion the sign poses an immediate risk to the public the City may take the necessary steps to remedy the condition following a reasonable attempt to notify the owner of the sign of the hazardous condition. (E) Abandoned signs. Any sign that advertises a business or other activity that is not in operation on the premises shall be deemed an abandoned sign beginning 90 days after the business or other activity ceases operation. The following regulations shall apply to such signs: 1. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business establishment which it advertises is no longer conducted on the premises or the sign no longer is being used by the owner or lessee of the premises for its intended advertising purposes for a period in excess of 90 days; 2. Instead of removal, if the sign is a conforming sign, the owner or lessee of the premises may: (a) (b) Paint over the message on the sign that advertises the business or other activity; Remove the sign face and replace it with a blank sign face; or CD105:51

11 DUNEDIN CODE (c) Reverse the sign face and not illuminate the sign from the interior; 3. If the owner or Jessee fails to remove it, the Planning Director, or designee, shall give the owner 30 days' written notice to remove it; 4. Upon failure to comply with this notice, or refusal to accept delivery of notification by certified mail, that such removal is required, the Planning Director, or designee, may authorize modification, as set forth in this subsection, or removal of the sign at cost to the owner; 5. Where a successor to a defunct business establishment agrees to maintain the conforming sign at issue as provided in this chapter, this removal requirement shall not apply; however, the new owner of a business establishment shall not be allowed to maintain a nonconforming sign, and upon change of ownership of the business establishment, all signs shall be brought into compliance with this section; and 6. If an existing building or structure is demolished, any existing freestanding sign shall be considered either an abandoned sign or an impermissible Off Premises sign and shall be removed at the time of demolition unless the sign complies with the requirements of this Sign Code Planning Director Designated to Enforce Section Provisions The Planning Director, or designee, is authorized and directed to enforce all of the provisions of this chapter. However, notwithstanding anything in this Code to the contrary, no sign or sign structure shall be subject to any limitation based on the content or viewpoint of the message contained on such sign or displayed on such sign structure. In conformance with applicable state and federal Jaws, and upon presentation of proper credentials, the Planning Director, or his duly authorized representative, may enter at reasonable times any building, structure or premises in the City to perform any duty imposed upon him by this section Interpretation of Section Provisions Where there is an ambiguity or dispute concerning the interpretation of this chapter, the decision of the Planning Director, or designee, shall prevail, subject to appeal as provided in this section Right of Appeal (A) Any person aggrieved by any decision or order of the Planning Director, or designee, pertaining to signs under this chapter may appeal to the Board of Adjustment and Appeal by serving written notice to the Planning Director, or designee, who in turn shall immediately transmit the notice to the board. Failure to appeal the decision regarding a sign application by the Planning Director or designee shall not be deemed a failure to exhaust administrative remedies. The applicant may choose to proceed directly to a judicial action once the sign application has been denied by the Planning Director or designee. If an administrative appeal is filed by the applicant, and the board fails to meet within 45 days, the appeal will be deemed denied and the decision of the Planning Director or designee regarding the sign application will be deemed a final decision. Once a decision is appealed to the board of adjustment and appeal, the Planning Director, or designee, shall take no further action on the matter pending the board's decision, except for unsafe signs which shall present an immediate and serious danger to the public in which case the City may pursue any proper legal remedy available to it. The board shall have the following powers: 1. Th hear and decide appeals where it is alleged that there is an error in the decision or interpretation of the Planning Director, or designee, in the enforcement of this chapter. Such determination shall be conclusive and no right of appeal to the City Commission with respect to such action shall exist. CD105:52

12 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS To hear and authorize or deny requests for conditional use permits or variances as set forth in Chapter Procedures. Any granting or denial of conditional uses or variances by the board shall be final. (Ord. No , 1, ) Variances The only variance that may be applied for in connection with signage in the City of Dunedin is a variance from required setbacks or spacing requirements Inspection The Planning Director or designee may make or require any inspections to ascertain compliance with the provisions of this Sign Code, the Florida Building Code and other applicable laws Revocation of Sign Permit Ifthe work under any sign permit is proceeding in violation of this Sign Code, Florida Building Code, any other ordinance of the City, or should it be found that there has been any false statement or misrepresentation of a material fact in the application or plans on which the permit was based, the permit holder shall be notified of the violation. If the permit holder fails or refuses to make corrections within ten days, it shall be the duty of the Planning Director or desigr,ee to revoke such p Tmit and sene notice upon such permit holder. Such notice shall be in writing and signed by the Planning Director or designee. It shall be unlawful for any person to proceed with any part of work after such notice is issued General Standards for All Zoning Districts The purpose of this section is to establish general signage standards for all zoning districts within the city. (Ord. No , 1, ) Sign Illumination (A) Sign illumination may not create a nuisance to residential areas or for wildlife and shall be compatible with the surrounding neighborhood. (B) Residential Signs. Signs on residential uses in any zone shall not be illuminated. (C) General Rule for All Nonresidential Uses. Other than signs on residential uses, all other signs may be non-illuminated, or illuminated by internal, internal indirect (halo) illumination, or lit by external indirect illumination, unless otherwise specified. Signs may not be illuminated in a manner which leaves the illumination device exposed to public view except with the use of neon tubing as provided in (H). (D) Internal Illumination. Outdoor, internally illuminated signs, including but not limited to awning/canopy signs, cabinet signs (whether freestanding or building mounted), changeable copy panels or service island signs, shall be constructed with an opaque background and translucent letters or other graphical elements, or with a colored background and lighter letters or graphics. (E) External Indirect Illumination. Externally lit signs are permitted to be illuminated only with steady, stationary, down directed and shielded light sources directed solely onto the sign. Light bulbs or tubes (excluding neon), used for illuminating a sign, shall not be visible from the adjacent public rights-of-way or residential zoned or used properties. CD105:53

13 DUNEDIN CODE (F) Illumination of Signs Adjacent to Single-Family Uses. No sign located within 50 feet of a property with a single-family use or zoned for a single-family use shall be internally or externally illuminated. (G) Any portion of the Sign Face or Sign Structure that is illuminated shall count against the total square footage of allowable sign area. (H) Exposed Neon. Exposed neon tube illumination is not permitted in residential zones, or on residential uses in any zone. It is allowed in all other places, unless otherwise specified Sign Construction Specifications (A) Construction and erection of signs shall be in accordance with the Florida Building Code. (B) Materials. Paper or cardboard signs and cloth or plastic fabric banners may only be used in conjunction with a special event or temporary outside sale and display as provided herein. (C) Construction standards. All signs shall be installed and constructed in a professional and workmanlike manner and shall be maintained in good and safe structural condition and good physical appearance. All exposed structural components shall be painted, coated or made of rust inhibitive material Design Requirements All permanent signs shall be compatible with the building(s) to which they relate and with the surrounding neighborhood. All signs except temporary signs shall be subject to the design requirements below: (A) The materials, finishes and colors of the freestanding monument sign base shall match the architectural design of the building. In lieu of a monument base, any combination of landscaping of sufficient density and maturity at the time of planting may be used to achieve the same opacity as would have been achieved with the monument base. (B) All tenant panels in any freestanding signs, including those added to existing sign structures, shall be constructed of the same materials and illuminated by the same method. Panels added to existing signs shall match the existing panels with respect to their color, materials, and illumination. (C) All freestanding monument signs shall be landscaped around the base of the sign structure. Landscaping (e.g. ornamental trees, shrubs, and ornamental plants) shall meet the requirements for landscaping as prescribed in section (D) Wall signs shall not be installed in a manner that detracts from the architectural design of a building. Wall signs shail not be installed over windows, doors, or other types of fenestration. These signs shall be compatible with the building(s) to which they relate and with the surrounding neighborhood General Sign Provisions (A) No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. CD105:54

14 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS (B) Signs attached to property, real or personal, the signage rights, duties and obligations arising from this Sign Code attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Sign Code), or the ownership of sign structures. (C) Any sign installed or placed on public right-of-way or on public property, except in conformance with the requirements of this Sign Code, is illegal and shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such sign the cost of removal and disposal of such sign. There shall be no property right in such sign; all property rights are forfeit and such signs are abandoned property. (D) No sign shall be erected so as to obstruct any fire escape, required exit, window, or door opening intended as a means of egress. (E) No sign shall be erected which interferes with any opening required for ventilation. (F) Signs shall maintain a minimum of six feet horizontal and twelve feet vertical clearance from electrical conductors and from all communications equipment or lines. (G) Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, electricity, or communications equipment or lines. Placement shall not interfere with natural or artificial drainage or surface or underground water. (H) No sign shall be attached to a standpipe, gutter, drain, or fire escape, nor shall any sign be installed so as to impair access to a roof. (I) The Building Official may order the repair of signs declared a nuisance. A sign not kept in good repair and in a neat and clean appearance is a public nuisance. (J) If a sign is placed in the right-of-way or on public property in violation of this section the owner of the sign shall lose all property rights to the sign and the sign shall be considered litter under Florida law. (K) Temporary holiday and seasonal decorations shall be allowed in all districts and are not considered to be signs within the definition of sign under this Code. The regulation of these decorations shall be under the nuisance provisions of the City's Code. (L) Artwork is allowed in all districts and is not intended to be regulated by this Sign Code Substitution of Non-Commercial Speech for Commercial Speech Notwithstanding anything contained in this Sign Code to the contrary, any sign erected pursuant to the provisions of this Sign Code may, at the option of the owner, contain a non-commercial message in lieu of a commercial message and the non-commercial copy may be substituted at any time in place of the commercial copy. The non-commercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to non-commercial messages, or from one non-commercial message to another non-commercial message, as frequently as desired by the owner of the sign, provided that the size, height, setback and other dimensional criteria contained in this Sign Code have been satisfied. CD105:55

15 DUNEDIN CODE Content Neutrality as to Sign Message (viewpoint) (A) Notwithstanding anything in this Sign Code to the contrary, no legal sign or sign structure shall be subject to any limitation based upon the content (viewpoint) ofthe message contained on such sign or displayed on such sign structure. 1. The area of a sign is represented and defined by outside dimensions of the entire sign structure. Portions of the sign structure may be excluded at the discretion of the zoning administrator, if such portion of the structure is the minimum necessary for the support of the sign face or to accommodate landscaping. 2. The height of a freestanding monument sign shall be measured as the vertical distance from the average finished grade of the ground below the sign excluding any filling, berming, mounding or excavating having the effect of or for the purpose of increasing the height of the sign, to the top edge of the highest portion of the sign. 3. Visual clearance and sight triangle shall be maintained. (Ord. No , 1, ) Violations and Penalties Any violation of this chapter or of any condition or requirement adopted pursuant to this chapter may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to law. The remedies of the City shall include, but not be limited to, the following: (A) (B) (C) (D) (E) (F) Issuance of a stop-work order; Seek an injunction or other order of restraint or abatement that requires the removal or the correction of the violation; Seek a court order imposing appropriate penalties from any court of competent jurisdiction; In the case of a violation that poses an imminent danger to the public health or safety, taking such measures as are available to the City; Seek compliance before the code enforcement board; and Issuance of citations for each day and each sign not in compliance Severability (A) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Sign Code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Sign Code. (B) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (A), above, or elsewhere in this Sign Code, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Sign Code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Sign Code, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. (C) Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (A), above, or elsewhere in this Sign Code, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, CD105:56

16 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS sentence, phrase, clause, term, or word of this Sign Code or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Sign Code that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under section, Prohibited Signs, of this Sign Code. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section thereby ensuring that as many prohibited sign-types as may be constitutionally prohibited continue to be prohibited. (D) Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Sign Code and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained in this Sign Code or Code Standards by Zones Intent (A) It is the intent of this section to regulate outdoor signs in a manner that is consistent with the land use classification which establishes the character of the area in which the signs are located and in keeping with the overall character of the community. (B) The sign standards in this section are intended to include every zone in the City. The zones are defined by the zoning ordinance and official zoning map. Only signs as described in this division and as may be described under temporary signs and exemptions will be permitted in each particular zone. (C) If any zone is omitted from this division, or if a new zone is created after the enactment of this division, only exempt signs as described in shall be permitted in such zone until this division shall be amended to include that zone. (D) If any area is annexed into the city limits, no sign, except exempt signs described in herein shall be permitted therein until the area annexed has been zoned by the City Commission. Signs in existence as of the time of annexation shall be brought into compliance with this division within one year of annexation. The visual clearance and sight triangle, to assure adequate sight distance at the intersection of two public roadways and at the intersection of a public roadway or other private roadway and an access way or driveway, shall follow the criteria of the current Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways or its equivalent amended document, or criteria otherwise specified by the Planning Director. (E) In order to assist public safety and emergency service vehicles to rapidly locate addresses and to assist the traveling public to locate specific addresses, residential and nonresidential structures shall conform to county ordinances. (F) Signs shall not be located on publicly owned land or easements or inside the street rights-of-way except emergency, safety or warning signs, including directional signs as allowed under this Sign Code, or as otherwise allowed by license agreement approved by the City Commission. Nothing shall prohibit CD105:57

17 DUNEDIN CODE a duly authorized local official from removing a sign from public property as allowed by law. Signs shall include, but not be limited to, haodbills, posters, advertisements, or notices that are attached in any way to lampposts, telephone poles, utility poles, bridges, telecommunication towers, and sidewalks. (G) Nothing in this division shall be construed to prevent or limit the display of legal notices, warnings, informational, direction, traffic, or other such signs which are legally required or necessary for the essential functions of government agencies. (H) All signs shall comply with the applicable building and electrical code requirements. Sign face replacements not requiring a permit shall comply with all applicable building aod electrical code requirements, this includes sign face replacements when the permitted sign is not structurally or electronically altered, like materials are used, the sign face is the same size within the frame as the permitted sign, and is installed in the same manner as originally permitted. (I) Signs of a height greater thao six feet and within ten feet of the right-of-way shall require a letter of no objection from the local power compaoy to insure current and future compliance to applicable codes and to protect the safety of the public. (J) Any sign which is allowed pursuant to this chapter must obtain a permit prior to installation, erection or creation except for exempt signs, prohibited signs and as otherwise specifically set forth herein. (K) If no height or size restriction is specifically provided regarding any sign located in the City the height and size restrictions for a structure in the zone in which the sign is located will govern. (Ord. No , 1, ) Nonconforming Uses Any building or laod use not conforming to the zoning ordinance provisions for the zone in which it is located shall, nevertheless, comply with all provisions of this chapter for the zone in which it is located All Districts The following general provisions apply to signs aod sign types described in this Sign Code, except where otherwise noted in this division. (A) (B) Permanent monument signs may be placed on the owner's private property up to the right of way line in recognition of this sign type's aesthetic desirability to the City. The setback shall be measured from the nearest protrusion of the sign or sign face to the property line. All manufactured signs requiring a sign permit from the City shall have a permanent weatherproof identification plate affixed to the exterior of the sign structure such that it may be readily seen after the sign is installed and shall indicate the following: 1. The name ofthe maoufacturer; 2. The name of the installer; 3. The date of installation; 4. The sign permit number; and 5. The electric permit number (if aoy) with the input VA (Volt Amperes) at full load for electric. (C) All new freestanding signs must be monument signs. CD105:58

18 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS (D) (E) (F) (G) Permanent freestanding monument signs requiring a sign permit must be landscaped at their base. The landscaped area shall have a minimum area of two (2) square feet for each linear foot of sign face width and shall otherwise comply with the landscaping requirements of the Code of the City of Dunedin. No business shall have more than one exterior wall sign on any street it faces; or one sign per window. Permanent Window signs shall not cover more than 25% of any window and shall not cause a violation of fire safety codes. Wall signs may not project more than twelve (12) inches from a wall. Any wall sign that projects more than two and one-half (2.5) inches from a wall shall be mounted so that the bottom ofthe sign is no closer than nine (9) feet to the ground at the finished grade immediately below the sign. In any zone where both residential-and nonresidential uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: 1. Residential uses shall be treated as if they were located in the residential zoning district where that type of use would be allowed as a matter of right. 2. Nonresidential uses shall be treated as if they were located in a zoning district where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. Off-site permanent monument neighborhood directional signs, where permitted, shall be located at the corner of the intersection of two streets, one of which is the primary ingress and egress to the neighborhood. The monument sign must be located on private property within the neighborhood identified on the sign. The monument sign shall not exceed twenty-four (24) square feet per sign face and shall not exceed six (6) feet in height. One double-sided sign or two single-sided signs may be placed at each entrance. The monument sign shall be set back a minimum of thirty (30) feet from the intersection of the right-of-way lines and fifteen (15) feet from all front and side right-of-way lines Signs Allowed In All Districts, No Permit Required The regulations in this subsection apply in every zoning district in the City, except where otherwise specified or indicated. Sign permits are not required for signs and sign types described and identified below in this subsection. (A) Bus stop informational signs. Bus stop informational signs up to four (4) square feet in area shall be allowed in all districts. These signs shall have a maximum height of four (8) feet unless otherwise required by applicable law. (B) Construction signs, temporary. One temporary construction sign shall be allowed on each parcel within the City. Temporary construction signs shall not exceed four ( 4) square feet in sign area, and four ( 4) feet in height for residential properties. The sign shall be constructed of metal, plastic, wood or pressed wood and shall be fastened to a support not exceeding four ( 4) inches by four ( 4) inches. (C) Construction signs, temporary. Multifamily residential properties, and sixteen (16) square feet in sign area, and six (6) feet in height for nonresidential properties. These signs shall be removed at the time of the final inspection. The sign shall be constructed of metal, plastic, wood or pressed wood and shall be fastened to a support not exceeding four (4) inches by four (4) inches. (D) Flags. l. For each detached dwelling unit in a residential district, one flag not greater than fifteen (15) square feet in sign area may be displayed. One (1) flagpole is allowed for each parcel in the City zoned for single family residential use not to exceed 25 ft in height. CD 105:59

19 DUNEDIN CODE 2. For each parcel in a multi-family residential or non-residential districts two flags not greater than twenty-four (24) square feet in sign area (each) may be displayed. 'l\vo (2) flagpoles are allowed for each parcel in the City that is zones for multi-family residential or non-residential use not to exceed 35 ft in height (E) Free expression signs. For each parcel within the City, one free expression sign not exceeding four ( 4) square feet in sign area may be displayed on each street frontage per parcel of land. The free expression sign may be displayed as an attached sign, window sign, or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed four ( 4) feet in height. A free expression sign is in addition to any other sign permitted under this Subsection and Code and is permitted in any zoning district. (F) Garage or yard sale signs. For each parcel within the City, one temporary garage-yard sale sign may be displayed per parcel of land. However, the sign shall only be displayed on the parcel of land upon which the garage sale is taking place. A temporary garage-yard sale sign shall not exceed four ( 4) square feet in sign area, and four ( 4) feet in height. A temporary garage or yard sale sign may not be displayed for a period longer than two days, during which the active sale is occurring, and shall be removed upon the conclusion of the sale. (G) Machinery and equipment signs. Machinery and equipment signs shall be allowed in all districts. (H) Nameplate or occupant identification signs. For each residence, business or other occupancy within the City, one attached wall nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed two (2) square feet in sign area. For any non-residential use, the nameplate or occupant identification sign shall also not exceed two (2) square feet in sign area. (I) (J) Parking space signs, non-residential. Onsite parking space number or identification signs, not exceeding one (2) square foot of sign face per sign, shall be allowed on each parcel of non-residential use having multiple parking spaces onsite. One such sign shall be allowed for each parking space. The maximum height for a freestanding or attached wall sign shall be six (6) feet unless otherwise required by applicable law. Political signs. For each parcel within the City, one election sign for each candidate and each issue may be displayed on each street frontage per parcel of land. An election sign may be displayed as an attached sign or as a freestanding sign. On parcels that are in residential use, the election sign shall not exceed four (4) square feet in sign area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed four (4) feet in height. On parcels that are in non-residential use, the election sign shall not exceed sixteen (16) square feet in sign area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six (6) feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains. Election signs shall not be placed in the Right of Way. (K) Real estate signs, temporary. For each single-family residential parcel within the City, one temporary real estate sign, and one temporary open house sign may be displayed on each lot. Temporary real estate signs shall not exceed four ( 4) square feet in sign area, and four ( 4) feet in height for residential properties. The temporary real estate sign shall be removed no later than five (5) business days following the sale, lease or rent of the real estate that was offered for sale, lease, or rent. (L) Real estate signs, temporary. For each multi-family and non-residential parcel withln the City, one temporary real estate sign sixteen square (16) feet in sign area, and six (6) feet in height may be displayed on each lot. However, when more than one dwelling unit or non-residential space on a parcel of land is for sale, lease, or rent, there shall only be one temporary window or attached CD105:60

20 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS real estate sign for each such unit or space that is separately owned. The temporary real estate sign shall be removed no later than five (5) business days following the sale, lease or rent of the real estate that was offered for sale, lease, or rent. (M) Street address signs and residential mailboxes. For each parcel within the city, one attached wall street address sign may be displayed. For parcels in residential use, the street address sign shall not exceed two (2) square feet in sign area. In addition to street address signs, a residential mailbox with the address of the property affixed to it such that the address is no larger than one side of the mailbox shall be allowed for each residence in the city. (N) Street address signs, non residential. For each parcel in non-residential use, the street address sign shall not exceed four (4) square feet in sign area. In addition to street address signs, a residential mailbox with the address of the property affixed to it such that the address is no larger than one side of the mailbox shall be allowed for each residence in the city. (0) Valet parking station signs, temporary. One temporary valet parking station sign no more than four (4) square feet in sign area, and not more than four (4) feet in height, shall be allowed on each parcel where the valet station is located. The temporary valet parking station sign shall only be visible during hours that the valet is operating, and shall be located on the same parcel as the valet station. (P) (Q) (R) Warning signs and safety signs. Warning signs and safety signs, not exceeding four (4) square feet in sign area, shall be allowed in all districts. The maximum height for these signs shall be four (4) feet unless otherwise required by applicable law. Waterfront identification signs. Each lot abutting the waters of St. Joseph's Sound or navigable inland waterway shall be allowed one attached wall identification sign that is visible from the water. Waterfront identification signs shall not exceed four (4) square feet in sign area. Wayfinding signs. Non-commercial wayfinding signs when erected as a part of the City of Dunedin's wayfinding system. (S) Window signs, temporary. For each commercially zoned or commercially used parcel within the City, one or more temporary window signs may be displayed on the inside of the window. The temporary window sign(s) shall not exceed an aggregate of twenty-four (24) square feet in sign area, and shall not cover more than twenty-five percent of any window surface, whichever is less. (Ord. No , 1, ) Signs Allowed In All Districts, Permit Required (A) Bulletin Board. One bulletin board not exceeding twenty-four (24) square feet in sign area and six (6) square feet in height located on religious, public, charitable or educational premises. The sign area of the bulletin board shall be included in the total allowable sigoage. (B) Pole Banners. Restricted to the promotion of civic, charitable, or non-profit special events holiday or community milestone not to exceed 6 months in duration. Temporary banners for display on light poles shall not exceed twelve (12) square feet in area or twenty (20) feet in height. The bottom of the banner must be at least 10ft above the pavement surface and not extend more than 41" from the streetlight pole. The banner may include the sponsor's name and logo using up to 15% of the surface area of the vertical street light banner. A non-commercial ornamental or decorative vertical pole banner may be displayed when the pole is not being used for a permitted vertical pole banner Residential Zoning Districts, Permit Required The following districts are identified as residential or residentially zoned districts for the purpose of this article: AR, R-300, R-200, R-150, R-100, R-90, R-75, R-60, MF 7.5, MF-10, MF 12.5, MF-15, MH, DR, CD105:61

21 DUNEDIN CODE PR-1 & PR-2. Except for those signs and sign-types allowed in residential and residentially-zoned districts in accordance with and above, no additional signs or sign-types shall be permitted in residential or residentially-zoned districts, except for the following sign-types: (A) (B) (C) On a parcel with an apartment building or condominium complex, one permanent wall, window or monument sign is allowed for each such building or complex not exceed twenty-four (24) square feet in size (area); however, such a monument sign shall not exceed six (6) feet in height. For permitted land uses other than residential uses in these zones one permanent monument directory sign shall be allowed on each parcel or lot. This sign shall not exceed sixteen (16) square feet in area and shall not exceed four (4) feet in height. Institutional onsite directional signs. Non-commercial onsite monument May not exceed sixteen (16) square feet in the aggregate directional signs, not exceeding four (4) square feet in sign area, and four ( 4) feet in height shall be allowed on each parcel or lot. These signs may not exceed sixteen (16) square feet in the aggregate Commercial Zoning Districts, Except Downtown Core (DC) Zone The following districts are defmed as commercial or commercially zoned districts for the purpose of this article: TF, GO, NB, GB, SC, CP, CR, LI and GI. Except for those signs and sign-types allowed in commercial or commercially-zoned districts in accordance with and , above, no additional signs or sign-types shall be permitted on any lot or parcel in commercial or commerciallyzoned districts, except the following sign-types shall be allowed for each lot or parcel with a nonresidential use: (A) (B) (C) (D) (E) (F) One monument sign per abutting state, county or collector roadway. A maximum of thirty-two (32) square feet shall be allowed per each monument sign face (sign faces must be back-to-back). The monument sign shall not exceed eight (8) feet in height and must not be a traffic visibility hazard as determined by the city's traffic engineer. For shopping center or business center multi-tenant developments, the maximum sign area and height shall follow the regulations of One attached wall sign shall be allowed on the first floor level and shall not exceed one hundred fifty (150) square feet in area and no higher than the height of the first floor. In the event the parcel contains a multi-tenant development, each individual business use may have one attached sign. One permanent wall or window sign shall be allowed on the second floor level and shall not exceed one hundred (100) square feet in area and no higher than the height of the second floor. In the event the parcel contains a multi-tenant development on the second floor level, each individual business use may have one attached sign. Marquee signs are possible with a conditional use permit approved by the board of adjustment and appeal. These signs are in lieu of and not in addition to the other signs listed in this section. Each restaurant shall be allowed one attached menu display sign of no more than three (3) square feet of sign face area, located at the entrance, or service window of a restaurant. Restaurant drive-through menu sign. The drive-through menu sign shall be placed so as to be viewed from the drive-through lane and shall contain only a listing of products offered for sale by the business with prices and may provide a mechanism for ordering products while viewing the drive-through menu sign. The drive-through menu sign shall have a surface area not exceeding forty (40) square feet. The top of the sign and its surrounding or supporting framing/structure CD105:62

22 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS shall not exceed eight (8) feet above ground level. If an additional drive-through station is utilized, one additional menu sign is authorized; and total square footage for all menu signs shall not exceed sixty (60) square feet, but no single sign may exceed forty (40) square feet. (G) In any commercial or industrial district, a canopy or awing sign may be permitted in lieu of a wall sign at an individual, single-occupant, premises. The canopy or awning and signage square footage combined shall not exceed the total permissible square footage for a wall sign. The height of the canopy or awning shall not exceed sixteen (16) feet (first floor) or twenty-five (25) feet (second floor) or the height of the structure on which it is attached, whichever is less. (H) Directional signs on commercial property provided such signs do not exceed four ( 4) square feet in area. The directional sign may be displayed as an attached sign, window sign, or as a monument sign; if displayed as a monument sign, the monument sign shall not exceed four (4) feet in height. (I) (J) Temporary banner signs not exceeding thirty-five (35) square feet in area and eight (8) feet in height may be displayed on property no more than four times per year and up to a maximum of fourteen days per occurrence, with a minimum of forty-five days between each occurrence. Sandwich board signs shall be allowed, pursuant to the regulations of Section (B) through (J). (K) Projecting signs shall be allowed pursuant to the regulations of Section (A) through (F), provided the structure has a building line within five feet of the public right-of-way, and either screen side parking or rear parking. (L) For commercial properties abutting the Pinellas Trail, one sandwich board sign may be placed adjacent to the trail right-of-way. Refer to Section (C), (D), (E), (H), and (J) Additional Signage Shopping Center or Business Center Multi-Tenant Development Permit Required Individual storefront canopies or awnings are not permitted in the Commercial Planned Development District or at shopping centers unless the canopy or awning is an integral architectural element of the entire center storefront. In a shopping center or business center, the following additional signage shall be permitted: (A) For each street frontage abutting a state, county, or collector roadway, one monument identity sign to include the name and address of the shopping or business center and a listing of each tenant shall be permitted. Size shall not exceed eight (8) square feet multiplied by the total number of businesses in the center per sign face for either a single-faced or double-faced sign. Signage may be apportioned to each tenant business as determined by the landlord; however, each tenant's portion of the monument sign must be clearly visible from the street. The monument sign shall not exceed ten (10) feet in height and must not be a traffic visibility hazard as determined by the city's traffic engineer. Multiple monument signs may replace a single monument identity sign as long as the total square footage does not exceed the maximum allowable monument signage for the shopping center or business center, and the name and address of the shopping or business center only appears on one sign. (B) The shopping center or business center shall be permitted up to one directory sign for each separate building housing multiple tenants. The directory signs shall be wall-mounted or a monument sign with the top ofthe sign and its surrounding or supporting framing/structure not exceeding four ( 4) feet above ground level. The size of the directory signs shall be a maximum of sixteen (16) square feet per sign face for either a single-faced or double-faced sign. CD105:63

23 DUNEDIN CODE Medical Use District (A) Boundaries. The following boundaries shall define the medical use district: on the east by the centerline of New York Avenue, on the south by the south side of the alley which runs through Block 0 and Block N of Grove Terrace Subdivision, on the west by the centerline of Milwaukee Avenue North to the centerline of Main Street, thence northeast along such centerline to the centerline of New York Avenue. (B) Signs permitted. Only the following signs shall be permitted in a medical use district, except as designated in and as elsewhere provided in this chapter: 1. One wall mounted sign identifying each medical professional seeing patients. The sign shall be no larger than two square feet and mounted flush to the building. 2. One ground mounted monument sign in addition to that found in (B)(1), above, identifying the building, professional group, or institution. The sign shall be no larger than sixteen (16) square feet and no taller than six (6) feet in height Hospital Facility The Mease Dunedin Hospital is located in a DC (Downtown Core) zoning district. Because it is a unique use within Dunedin and requires certain signage in order to direct the traveling public to the Emergency Room and the other areas of the Hospital, and the ability of a member of the public to find the hospital is a life and safety matter, additional signage beyond the maximum size allowable in DC shall be allowed. The Hospital will be allowed four hundred (400) square feet of signage. The maximum size of any individual sign shall not exceed the maximum allowable sign area and height for signs in Commercial and Commercially-Zoned Districts Downtown Core (DC) Zoning District (Excluding the Medical Use District) The following described downtown district shall constitute a special zone within which the regulations established in this chapter shall apply except as modified by the regulations set forth in this subdivision. The downtown district is a compact urbanized area. It has been designated as a blighted area by the City Commission and as such the City desires to encourage redevelopment in this area in order to increase economic opportunity, safety and aesthetics. The downtown district is characterized by physical and architectural features not found in other parts of the City. For example, there is inadequate parking in this area as well as substandard width to the right-of-way. Therefore, the standard sign area size and height found in other commercial zones must be altered in this district to accommodate the challenges and unusual features of the district. The special downtown district shall consist of all properties zoned Downtown Core (DC) that lie within the boundaries of the community redevelopment agency district Regulations Within the downtown core (DC) district, as to all structures having a building line within five feet of the public right-of-way, the following regulations, exceptions and special requirements shall apply: (A) (B) (C) The restrictions of , prohibiting signs projecting beyond the property line, shall not apply. No sign erected, subject to the provisions of this division, shall project more than five feet from the front of the building to which it is fastened, nor more than five feet into the public right-of-way in the event that a portion of the building intrudes into the public right-of-way. No sign erected, subject to the provisions of this division, shall project to within two feet of the edge of vehicular roadway pavement. CD105:64

24 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS (D) (E) (F) (G) The bottom of any sign projecting from a building structure shall be no less than nine feet above grade at any point. Any sign projecting into the public right-of-way or other public lands may be required to be removed with no right of compensation for such removal, the continuation of such licensed usage to be entirely within the discretion of the City, and such removal shall be completed within 30 days of the notice of the required removal of any such sign. The status of any sign projecting into the airspace of a public right-of-way or other public lands shall be a temporary, revocable license which may be terminated at any time, without compensation and such sign shall not be a property right. All permits for new signs issued in the downtown core (DC) district shall be subject to the public's use of the public right-of-way whether or not any such specific notation is made on the permit. One attached wall sign shall be allowed on the first floor level and shall not exceed seventy-five (75) square feet in area and sixteen (16) feet in height. In the event the parcel contains a multi-tenant development, each individual business use may have one attached sign. (H) One permanent wall or window sign shall be allowed on the second floor level and shall not exceed fifty (50) square feet in area and twenty-five (25) feet in height. In the event the parcel contains a multi-tenant development on the second floor level, each individual business use may have one attached sign. (I) (J) The thickness of the projecting sign shall not exceed two (2) inches, the height of the projecting sign shall not exceed twelve (18) inches in height, and the width of the principal faces of any projecting sign shall not exceed thirty-six (48) inches. The projecting sign area is in addition to the wall signage allowed in ll.l(G). Marquee signs are possible with a conditional use permit approved by the board of adjustment and appeal. These signs are in lieu of and not in addition to the other signs listed in this section (K) All signs erected within the district or now existing in the district shall comply with all other provisions of this section (including total sign area limits) and the Florida Building Code as to safety, except as is otherwise specifically excepted or modified Sandwich Board Signs (A) The placement of sandwich board signs by the owners oflessees of properties may be allowed on any commercial property. (B) One sandwich board sign shall be allowed on each street frontage per retail or restaurant use. (C) Sandwich board signs shall be freestanding and moveable. They may be single-sided or doublesided. They shall be removed during inclement weather and high winds. (D) Sandwich board signs shall not exceed and overall height of 42 inches above ground level or an overall width of 30 inches. (E) The use of sandwich board signs shall be limited to the business establishments' working hours and shall be taken inside at the end of each business day. (F) All sandwich board signs within the public right-of-way, and more specifically on public sidewalks, shall maintain an unobstructed width of five (5) feet at all times. (G) Any sandwich board sign located in the public right-of-way or on other public lands may be required to be removed with no right of compensation for such removal, the continuation of such licensed usage to be entirely within the discretion of the City, and such removal shall be completed within 5 days CD105:65

25 DUNEDIN CODE of the notice of the required removal of any such sign. The status of any sandwich board sign in the public right-of-way or on other public lands shall be a temporary, revocable license which may be terminated at any time, without compensation and such sign shall not be a property right. (H) No sandwich board sign may be lit either internally or externally. (I) Any sandwich board sign which encroaches upon pedestrian or vehicular movement or safety or interferes with the lawful use of the public right-of-way or violates the Florida Building Code shall be prohibited and removed or relocated. (J) Sandwich board signs shall be readable, properly maintained, and kept in good working condition. (Ord. No , 1, ) Quick Reference Guide Table provides for a quick-reference of permitted sign types. In the event of a conflict between the table and the text of this chapter, the text prevails. Table SIGN CODE QillCK REFERENCE In the event of a conflict between the information on this table and the text of this Division, the text shall take precedence SIGN TYPE 2. Construction signs, temporary (single family residential signs, temlpo,rm y (multiple family resand non-residential One One Flags family detached residential) One 15 sf Maximum flagpole height purpose mining the flag size, one side of the flag shall be counted as display surface. Must be displayed in accordance with U.S. flag regulations (USC Title 4 Chapter 1). U.S. flag to be illuminated during hours of darkness. CD105:66

26 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS SIGN TYPE NUMBER (Refer to Appendix A-1 ANDLOCA- MAXIMUM MAXIMUM ADDITIONAL REQlliREfor definitions) TION SIGN AREA HEIGHT MENTS 5. Flags (multi-family resi- Two 24 sf each 35ft For the purpose of deterdential and non-residential) Maximum mining the flag size, only flagpole one side of the flag shall height be counted as display surface. Must be displayed in accordance with U.S. flag regulations (USC Title 4 Chapter 1). U.S. flag to be illuminated during hours of darkness. 6. Free expression signs One, attached 4 sf 4ft Non-illuminated. to the wall of A free expression sign is the building, in addition to any other placed in a sign permitted under this window, or Code and is permitted in freestanding. any zoning district. 7. Garage or yard sale One 4 sf 4ft Non-illuminated. signs, temporary The sign shall only be displayed on the parcel of land upon which the garage or yard sale is taking place. A temporary garage or yard sale sign may not be displayed for a period Jonger than two days during any calendar month and shall be removed upon the conclusion of the sale. 8. Machinery and equip- Not restricted Not restricted Not restricted Non-illuminated. ment signs 9. Nameplate or occupant One 2 sf Wall mounted Non-illuminated. identification signs 10. Parking space signs, One per 2 sf 6ft unless Non-illuminated. non-residential on-site parking space otherwise re- All handicapped parking quired by law spaces shall be marked and signed in accordance with the applicable laws. CD105:67

27 DUNEDIN CODE SIGN TYPE NUMBER (Refer to Appendix A-1 ANDLOCA- MAXIMUM MAXIMUM ADDITIONAL REQUIREfor definitions) TION SIGN AREA HEIGHT MENTS 11. Political campaign or One per can- 4 sf 4ft Non-illuminated. election signs (residential didate or is- May be displayed as an uses) sue per road attached sign or as a freefrontage standing sign. Political campaign or election signs must removed within 7 days following the campaign or election to which it pertains. 12. Political campaign or One per road 16 sf 6ft Non-illuminated. election signs (non-residen- frontage, at- May be displayed as an tial uses) tached to the attached sign or as a freewall of the standing sign. building, Political campaign or elecplaced in a tion signs must removed window, or within 7 days following freestanding the campaign or election to wluch it pertains 13. Real estate signs (sin- One 4 sf 4ft Non-illuminated. gle- family residential detached) 14. Real estate signs (mul- One 16 sf 6ft Non-illuminated. tiple family residential and When more than one non-residential districts) dwelling unit or non-residential space on a parcel of land is for sale, lease, or rent, there may be one additional temporary window or attached real estate sign for each such unit or space. The temporary real estate sign shall be removed immediately upon the sale, lease or rent of the real estate that was offered for sale, lease, or rent. 15. Street address signs One, attached 2 sf Not higher May be illuminated. (residential uses) to the wall of than the wall the building of the buildor divided ing tenant space CD105:68

28 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS (Refer to Appendix A-1 for 16. Street address signs (non-residential uses) REQillRE- May be illuminated. 17. parking signs ing 4ft The temporary ing station sign shall only be visible during that the valet is ing, and shall be loc ltec:ll on the same parcel as valet station. signs, City One per parcel Not 36 signs of all types shall not cover more than 25% of than the top of the window or door on charitable, educational, religious, or CD105:69

29 DUNEDIN CODE TYPE (Refer to Appendix A-1 for 2. Pole banners Two per streetlight pole on designated roadways Restricted to the promotion of civic, charitable, or non-profit special events holiday or community milestone not to exceed 6 months in duration. Must be at least 10ft above the pavement surface and not extend more than 41" from the streetlight pole. May include the spcms or' > I name and logo using up 15% of the surface area the vertical street banner. mental or decorative vertical pole banner may be displayed when the is not being used for permitted vertical pole banner. monument sigo or one wall sigo. for two sided sigo Not higher than the wall of the building for a wall sigo May be internally or rectly illuminated. Must be located in a protected area and not encroaching into the required sight visibility triangle. Must be maintained by a property owners ase:ocja-j tion. A separate permit is quired if located in public right of way. The sigos may only inelude the name of the development The 48 sf max area may be split equally between sigos located on both sides of the entrance. CD105:70

30 LANDDEVELOPMENTCODE-DEVELOPMENTSTANDARDS (Refer to Appendix A-1 for 2. Permitted uses other than Residential ANDLOCA- TION One groundmounted monument MAXIMUM SIGN AREA 16 sf REQUIRE- signs. mounted 4 sf per ting state, county or collector road- sign sign (second Wall sign 150 sf 100 sf One sign per business multi-tenant. One sign per business multi-tenant. Approved by the BAA Window or wall 40 sf restricted May be illuminated 8ft May be illuminated monument 7. Canopy or awning signs, commercial parcels One per entrance to the parcel 4 sf 4ft non-commercial on-site directional sign may contain the logo or name the business or ment project. The size the logo or business shall not exceed 25% sign area. May be internally illuminated. May not exceed sixteen (16) square feet in the ag- CD105:71

31 DUNEDIN CODE SIGN TYPE (Refer to Appendix A-1 for definitions). Banner signs, temporary NUMBER AND LOCA TION MAXIMUM SIGN AREA 35 sf MAXIMUM HEIGHT 8ft ADl[)ITIOI'IAL REQUIREo Non-illuminated. o Maximum of 4 banners per year. o 14 days max 45 days in between. Gr ound-mount<jd monument signs (multiple occupant or tenant development) One per ting state, county or collector roadway. of tenants, to be apportioned to those tenants as seen fit. o In lieu of sign area and height regulations of (A). o May be internally or externally lit. o A ground-mounted monument sign may bear the name of the shopping center only, the name of the center and major tenants, or a grouped directory all occupants ofthe cer1te1r I at the discretion of owner or developer of center. o If the owner or developer chooses to install a grouped directory of occupants, the design of the individual signs and the support components shall be coordinated to provide an attractive and unified or ex- Wall sign 50 sf CD105:72

32 LAND DEVELOPMENT CODE-DEVELOPMENT STANDARDS SIGN TYPE NUMBER (Refer to Appendix A-1 ANDLOCA- MAXIMUM MAXIMUM ADDITIONAL REQUIREfor definitions) TION SIGN AREA HEIGHT MENTS 3. Projecting signs One, perpen- 6 sf per (1.5 Not higher Non-illuminated. dicular to the ft tall x 4 ft than the wall have a minimum of 9 ft of building max) of the build- vertical clearance. frontage. ing May not project within 2 fee of a vehicular roadway. The square footage of projecting sign shall not count toward the maximum square footage of wall signage allowed. 4. Marquee sign Conditional Conditional Approved by the BAA use permit use permit 5. Sandwich board signs One per busi- Not more 42" Non-illuminated. ness estab- than 36" wide Must allow 5 feet linear lishment feet of unobstructed sidewalk. If the business is a corner property, the sign may only be placed in one location. (Ord. No , 1, ) GENERALLY DnnSION3:UNFRASTRUCTURESTANDARDS Purpose The purpose of this chapter is to establish procedures and standards for all construction within the city. This includes all construction within privately maintained developments and all construction within public rights-of-way and easements within the city, in an effort to ensure orderly layout and appropriate use of the rights-of-way and easements; provide for the safety of pedestrian and vehicular traffic; and help conserve and protect the physical and economic resources of the city (and its environs), thereby promoting its public safety, health and general welfare Applicability This chapter shall be applicable to all new developments and all developments in process that do not have city commission approval of final plat or final site plat or final site plan, as of the effective date of this chapter. Pursuant to the provisions of state statutes and pursuant to any other regulations provided by law, the regulations hereinafter contained in this chapter shall apply to all construction in public rights-of-way and easements and all construction located within private developments within the corporate limits, as now or hereinafter established, of the city Enforcement of Chapter Division This chapter and the rules and regulations promulgated pursuant thereto are deemed by the city to be essential to the protection of the health, safety and well-being of the city, and enforcement of compliance therewith may be compelled by and on behalf of the city through its proper officers in the manner prescribed from time to time by general laws of the state administrative agencies. CD105:73

33 DUNEDIN CODE Authority of City Inspectors (A) City inspectors may inspect all construction, all materials and may inspect preparation, fabrication or manufacture of supplies. The city inspector is not authorized to revoke, alter or waive any requirements of the approved plans or specifications, but he is authorized to call to the attention of the developer/ contractor any failure of work or materials to conform to the plans or specifications. The city inspector shall have the authority to reject materials or suspend the work until any questions of issue can be referred to and decided upon by the city engineer. (B) The city inspector shall in no case act as foreman or perform other duties for the subdivider, nor interfere with the management of the work, and any advice which the city inspector may give to the developer/ contractor shall in no way be construed as binding to the city or releasing the subdivider from carrying out the intent of the plans and specifications. (C) When the city inspector causes the work to cease, he will present to the subdivider or his agent a written order signed by the city engineer Appeal of Ruling by City Engineer Should any person, firm or corporation feel aggrieved by the ruling of the city engineer under the literal enforcement of either this chapter or the rules and regulations of city departments from time to time promulgated, then in such event, a protest in writing shall be filed by the complaining party and lodged with the city manager, and thereafter such protest shall be placed upon the agenda of the city commission, and the city commission shall by majority vote, enter its findings upon such appeal and the findings shall be a final ruling as to such appeal Public Safety (A) Right-of-way construction permit. To ensure public safety, no construction may begin within the public right-of-way without first obtaining a construction permit. A right-of-way construction permit shall be obtained from the office of the city engineer. Appropriate fees shall be paid prior to obtaining such permit. In addition, all required performance guarantees must be submitted prior to obtaining the permit. (B) Openings to be guarded. It shall be unlawful for any person to leave open any manhole cover, grating or other covering for a structure such as inlets, catch basins, manholes, or other structures in any sidewalk, alley or street, right-of-way or easement within the city, without properly marking and securely guarding the same. (C) Excavations to be guarded. It shall be unlawful for any person to leave or allow to be open any excavation in, on, or under any street, alley or sidewalk within the city, and fail to guard or protect people passing, riding or driving thereby, by proper barricades, signs and lights. (D) Removal of guardrails or barricades. It shall be unlawful for any person to take down, remove, carry away or interfere with any fence, railing, barricade, or other guard placed about, around or at any structure, excavation, pile of dirt, rock or other material, in a street, alley or public ground, which has been set as a warning thereof by the city or other contractor, or to remove, extinguish, carry away or interfere with any light, lantern, or flare at the obstruction within the city. (E) Obstructions to be guarded. It shall be unlawful for any person, while constructing any sidewalk, residence, building or other improvement, or while making repairs to the same, or for any other purpose, to pile sand, dirt, brick, lumber, or other material upon any street, alley, or public place, or within the street right-of-way limits, within the city, without maintaining at and thereon at proper places, proper barricades and lights per the Uniform Manual of Traffic Control. CD105:74