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Town Hall Building & Zoning Police Department
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ORDINANCE NO. 561
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, ADOPTING AN AMENDMENT TO THE CODE OF ORDINANCES CHAPTER 70 (SIGNS), ARTICLE I, SECTION 70-4 (PERMITTED SIGNS), TO REVISE REGULATIONS FOR PERMITTED SIGNS OF A STATIONARY NATURE AND ALLOW CERTAIN SECURITY SIGNS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions and render municipal services; and,
WHEREAS, Chapter 166, Florida Statutes, the “Municipal Home Rule Powers Act,” implements the applicable provisions of the Florida Constitution and authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact ordinances in furtherance thereof; and
WHEREAS, Chapter 163, Florida Statutes, authorizes local governments to adopt land development regulations and to enact ordinances in furtherance thereof; and
WHEREAS, the Planning and Zoning Board of the Town of Ocean Ridge has recommended a revision to Section 70-4 to further clarify and establish where security signs are and are not permitted within the Town; and
WHEREAS, the Town Commission desires to adopt an amendment to the Town’s Land Development Regulations; and
WHERAS, the Town Commission has determined that the enactment of this Ordinance is for a proper municipal purpose and protects the public health, safety and welfare,
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AS FOLLOWS:
Section 1. Findings of Fact. The WHERAS clauses set forth above are adopted herein as findings of fact.
Section 2. Amendment. Chapter 70, Article I, Section 70-4 is hereby amended to read in its entirety, as follows:
Sec. 70-4. Permitted signs.
The following types of signs of a stationary nature are permitted in all zoning districts:
(1) Temporary signs.
a. Residential uses. One unilluminated, freestanding sign with white background, not exceeding 40 square inches in size to advertise the sale or rental of the premises upon which it is erected, and one additional unilluminated sign with white background, not exceeding two square feet in size, said sign to read "Open" or "Open House," may be displayed as an accessory to the advertising sign referred to herein, provided that it shall be displayed only between the hours of 9:00 a.m. to 5:00 p.m. All such signs shall be removed within one week after the premises have been sold or rented.
b. Construction signs. One unilluminated, freestanding sign with white background denoting the name and telephone number of the architect, or engineer or general contractor when placed on construction sites and not exceeding a total of 40 square inches in surface area, and provided such sign shall be removed upon the issuance of a certificate of occupancy or abandonment of work.
c. Sign setbacks. No sign permitted by this section shall be closer than three feet from the paved surface of a road.
d. Double frontage lots. On each of the frontage lots, one unilluminated, freestanding sign with white background, not exceeding 40 square inches in size to advertise the sale or rental of the premises upon which it is erected, and one additional unilluminated sign with white background, not exceeding two square feet in size, said sign to read "open" or "open house," may be displayed as an accessory to the advertising sign referred to herein, provided that it shall be displayed only between the hours of 9:00 a.m. to 5:00 p.m.; provided that all such signs shall be removed with one week after the premises have been sold or rented.
e. Sign post size and placement of signs. Each sign permitted herein shall be erected on or suspended from a post, rod or pipe composed of metal, and not exceeding one inch diameter or one inch square and six feet long. The bottom of a temporary sign, when attached to the above post, rod or pipe shall be not lower than three feet nor higher than four feet above the surrounding grade.
(2) Identification signs.
a. One permanent identification sign not exceeding five square feet in size may be erected or maintained as a freestanding sign in the front yard of any multifamily structure or may be installed flat against the main wall of such multifamily structure, but in no case closer than 20 feet to a street right-of-way.
b. One permanent identification sign containing letters not exceeding 18 inches in height and 30 feet in length may be attached flat on the wall or entrance gates at the access points of planned residential developments or multifamily structures.
c. One permanent identification sign not exceeding 30 square feet in area may be erected at the principal entrance to a planned residential development.
d. Identification signs may be illuminated by a floodlight.
e. Freestanding signs shall be able to withstand wind pressure of not less than 50 pounds per square feet.
(3) Governmental signs. Signs of a duly constituted governmental body shall be a special exception use in all land use districts and may be erected only upon site plan approval by the town commission, as provided in this chapter. This requirement shall not include signs erected by the town or its officials, or signs which are otherwise exempt from this article.
(4) Security signs. Two freestanding signs evidencing the presence of a security, or alarm system not exceeding eighty square inches in size may be erected or maintained on two separate faces of any structure, but in no case farther than 10 feet from the structure.
(Ord. No. 540, 3-13-03)
Cross references: Signs for garage sales, § 2-256. Section 3. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.
Section 4. Repeal. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption.
FIRST READING this 14th day of November, 2005.
SECOND AND FINAL READING this 5th day of December, 2005.
Commissioner Allison offered the foregoing Ordinance and its adoption. The motion was seconded by Commissioner Pugh and upon being put to a vote, the vote was as follows:
KENNETH M. KALEEL, Mayor GEOFFREY A. PUGH, Vice Mayor DR. LYNN L. ALLISON, Commissioner ELIZABETH P.B. BINGHAM, Commissioner NANCY L. HOGAN, Commissioner
The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this 5TH day of December, 2005.
TOWN OF OCEAN RIDGE
BY:__________________________ KENNETH M. KALEEL, MAYOR
ATTEST: ______________________ TOWN CLERK
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