Commission Meeting Agenda Item
Ordinance 2020-01 (First Reading) — An Ordinance of the Town of Lady Lake, Florida; Amending Ordinance 2016-17 Pertaining to the Town of Lady Lake Land Development Regulations, Chapter 17, Sign Regulations; Amending Sections 17-1.-Purpose and Intent, 17-2.-Permitting Requirements, 17.3.-General Requirements, 17-4.-Permanent Signs, 17-5.-Temporary Uses and Special Event Signs, And 17.7.-Prohibited Signs; Providing for Severability; Providing for Codification; Providing for an Effective Date; and Providing for Publication in Accordance with Law.
Staff Recommended Motion
Staff recommends approval of Ordinance 2020-01 – Chapter 17 – Sign Regulations Amendments.
On June 6, 2016, the Town Commission approved Ordinance 2016-17 in an effort to update Chapter 17, Sign Regulations, which were originally adopted in 1994. After this sign code update, a U.S. Supreme Court decision specifically focusing on sign regulations in more than two decades was widely publicized eventually reaching municipalities to clarify when government may impose content-based restrictions on signage.
The argument from the Plaintiff, Pastor Clyde Reed with Good News Community Church from the Town of Gilbert, Arizona, is that the Town of Gilbert’s ordinance imposed stricter limitations on signs advertising religious services than signs that displayed other content such as "political" or "ideological" messages.
The U.S. Supreme Court found that content-based sign regulations violated people’s First Amendment right to the freedom of speech as it did not survive strict scrutiny since it could not be proven that the ordinance was tailored to further a compelling government interest.
Just like many other municipalities, Town Staff took a cautious approach not to make any hasty changes and see how the new ruling was being applied. At the same time, we started looking at the Town’s sign Code, its provisions, applications, and ways in which we can improve it to reinforce valid content-based regulation or make it more content-based neutral. Since the U.S. Supreme Court handed down its ruling, municipalities have been urged to take a detailed look at their sign codes and make progress towards content neutrality.
When regulating signage, municipalities have the ability to regulate the following criterion:
- The size of signs
- Number of Signs
- Locations in which signs may be placed, including setbacks, heights, and restrictions on signs allowed per mile of roadway or distance separations
- Distinguishing between lighted and unlighted signs
- Distinguishing between placement of signs on private and public property
- Distinguishing between the placement of signs on commercial and residential property
- Distinguishing between on-premises and off-premises signs
- Duration (Permanent or Temporary)
Section 17-1) – Purpose and Intent – Articulated purpose statements to substantiate the Town’s Sign Code intent.
Section 17-2) – Permitting Requirements – Revision of the Signs exempt from permitting requirements subsection to clarify some gray areas and provide general guidance to the public. The goal is to gradually minimize categories and exceptions to limit content-based distinctions thus eliminating the potential to favor some forms of speech over others.
Section 17-3) – General Requirements – Revisions as it pertains to compliance with building construction and maintenance requirements.
Section 17-4) – Permanent Signs – Revisions as it pertains to compatibility of sign design and construction materials in accordance with architectural elements of the project, except as provided by Florida Statutes.
Section 17-5) – Temporary Uses and Special Event Signs – Revisions to language requiring content specific on temporary signs and clarification on existing practices.
Section 17-7) – Prohibited signs – Revisions to reduce categories while streamlining and clarifying prohibited signs affecting the safety, welfare and well-being.
The Town Commission is scheduled to consider Ordinance 2020-01 for second and final reading on Monday, March 16, 2020 at 6 p.m.
Source of Funding
The Technical Review Committee (TRC) members individually reviewed Ordinance 2020-01 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.
At the February 10, 2020 meeting, Planning and Zoning Board voted 3-0 to forward Ordinance 2020-01 to the Town Commission with the recommendation of approval.
Note: proposed changes within this document are displayed as follows:
[begin add] new, added text [end add]
[begin delete] deleted text [end delete]
Draft Ordinance 2020-01
AN ORDINANCE OF THE TOWN OF LADY LAKE, FLORIDA; AMENDING ORDINANCE 2016-17 PERTAINING TO THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS, CHAPTER 17, SIGN REGULATIONS; AMENDING SECTIONS 17-1.-PURPOSE AND INTENT, 17-2.-PERMITTING REQUIREMENTS, 17.3.-GENERAL REQUIREMENTS, 17-4.-PERMANENT SIGNS, 17-5.-TEMPORARY USES AND SPECIAL EVENT SIGNS, AND 17.7.-PROHIBITED SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW.
Be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida, as follows:
WHEREAS, on December 2, 1991, the Town of Lady Lake adopted a Comprehensive Plan (Ordinance No. 91-21) pursuant to the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code, and
WHEREAS, on January 23, 1992, the Florida Department of Community Affairs determined that the Town of Lady Lake Comprehensive Plan was in compliance with the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, on August 15, 1994, the Town of Lady Lake adopted the Land Development Regulations of the Town of Lady Lake, Florida, in accordance with the Town of Lady Lake Comprehensive Plan and the requirements of Chapter 163, Part II, Florida Statutes; and
WHEREAS, on June 6, 2016, pursuant to the provisions of the Town of Lady Lake Land Development Regulations, the Town Commission of the Town of Lady Lake amended Chapter 17 “Sign Regulations” of the Land Development Regulations: and annexed territory as if all such annexed territory had been a part of the Town of Lady Lake, Florida at the time of the passage and approval of said laws and ordinances.
WHEREAS, on February 10, 2020, pursuant to the provisions of the Town of Lady Lake Land Development Regulations, the Planning and Zoning Commission of the Town of Lady Lake reviewed the proposed amendment to the Land Development Regulations, which are attached hereto as Exhibit “A”, and recommended to the Town Commission of the Town of Lady Lake that said amendment be adopted.
WHEREAS, the Town of Lady Lake has elected to amend Chapter 17 “Sign Regulations” of the Land Development Regulations, finding it is in the best interest of the Town of Lady Lake and promotes the general welfare of its citizens.
Section 1: Amendment
The Land Development Code of the Town of Lady Lake, Florida, dated August 15, 1994 (the “Land Development Code”), is hereby amended as provided below:
Chapter 17 — Sign Regulations, Sections 17-1), 17-2), 17-3), 17-4), 17-5), and 17-7) of the Land Development Regulations amended as set forth in Exhibit “A”.
Section 2: Severability
If any section, sentence, clause, phrase or word of this Ordinance is for any reason held, or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the Town Commission’s intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this Ordinance, after the exclusion of such part or parts, shall be deemed and held to be valid, as if such parts had not been included herein; or if this Ordinance or any provisions thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances.
Section 3: Conflicts
All ordinances or part of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.
Section 4: Codification
The provisions of this Ordinance shall be codified as and become part of the Codes of Ordinances, Town of Lady Lake. The sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section", "Article", or other appropriate word.
Section 5: Applicability
This Ordinance does not have retroactive applicability and does not apply to applications filed prior to the effective date of this Ordinance.
Section 6: Effective Date
This ordinance shall become effective upon adoption.
PASSED AND ORDAINED this 16th day of March, 2020 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the Second and Final Reading.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
Sec. 17-1. — Purpose and intent.
The regulations and requirements herein set forth shall be the minimum requirements:
To promote the public health, safety and general welfare [begin add] by ensuring properly designed and located signs that are clear and legible to the user. [end add] [begin delete],
and [end delete]
[begin add] To establish the placement of signs on residential and non-residential properties. [end add]
To protect the character [begin add] and quality [end add] of [begin delete]
residential, business, and industrial [end delete] areas throughout the Town [begin add] to attract commerce, businesses, residents, and visitors. [end add]
Therefore, the [end delete] [begin add] To [end add] display [begin delete] of [end delete]signs [begin delete] should be [end delete] appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification or advertisement[begin add] ; being sensitive to surrounding land uses and maintain an attractive community appearance. [end add]
[begin add] To promote and aid the public and private sectors in the identification, location, and advertisement of goods and services. [end add]
It is intended that signs placed on land or on a building for the purpose of message display, identification or for advertising a use conducted thereon or therein shall be deemed to be accessory and incidental to subject land, building or use [end delete]
With respect to signs advertising business uses, it is specifically intended, among other things, to avoid excessive competition and clutter among sign displays in the demand for public attention. [end delete]
Sec. 17-2. — Permitting requirements.
Except as otherwise provided in this Code, it shall be unlawful for any person to erect, construct, [begin add] install, attach, place, paint, alter, relocate, [end add] enlarge, move or convert any sign in the Town, or cause the same to be done, without first obtaining a sign permit for each such sign as required by this chapter. No permit shall be issued until the building official determines that such work is in accordance with the requirements contained in this chapter.
1) Application. Prior to the erection of any sign, the owner of the premises where the sign is to be located, or his agent, shall submit a sign permit application on a form or forms provided by the Town. A building permit is also required if a sign has a foundation. The installation of a permanent sign, including face changes, requires the submittal and approval of a sign building permit before installation. The changing of advertising copy or message, on digitally or manually changeable copy signs, which are specifically designed for the use of replaceable copy, shall not require a sign or building permit.
2) Sign plan. All site plans submitted for Town approval shall be accompanied by a sign plan. The sign plan shall indicate the location or placement, sizes, types (pole, monument, wall, etc.) and styles (channel letters, cabinet, etc.), materials and form of illumination for all signs to be installed within the development, including any outparcels to be developed in conjunction with the main site or at a later date.
3) Fees. Sign permit applications are subject to permitting and processing fees, which are established by resolution. Billboard permits are subject to an annual fee.
4) Signs exempt from permitting requirements. The following types of signs may be erected without a sign permit, provided such signs and operations conform to the provisions contained in this Chapter and with all other building, structural and electrical standards of the Town:
- A) Public information signs. Public signs located wholly on public property [begin add] , erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities [end add]. Signs used for public safety requiring a location within a public or private right-of-way are exempt from setback requirements.
- B) Agricultural signs. Signs related to bona fide agricultural activities being performed on the property are permitted, provided they do not exceed 15 square feet. One sign per street frontage is allowed.
- C) [begin delete] Governmental [end delete] [begin add] Government or regulatory [end add] Signs required by federal, state or local law or regulations.
- D) Real estate signs. Real estate signs, as provided in Section 5 of this chapter.
- E) Membership signs. Membership signs of two square feet or less per street frontage.
- F) Political campaign signs. Political campaign signs, as provided in Section 5 of this chapter.
- G) Construction signs. Construction signs, as provided in Section 5 of this chapter.
- H) Governmental flags. The flying of ground-mounted freestanding national, state[begin add], county,[end add] [begin delete]or[end delete]city[begin add], or other political unit flags[end add]. [begin delete] ; provided that such flags shall not be used in such a manner as to attract attention for commercial purposes. [end delete]
- I) Non-political flags. [begin delete] A company, organization, or non-political entity may display one non-political flag in affiliation with the operations. However, the installation of a flag pole structure must adhere to the requirements of the adopted Florida Building Code, as amended. [end delete] [begin add] Flagpoles shall not exceed 1.5 times the allowed building height for the district in which it is located, but in no event shall a flagpole exceed a height of 50 feet. A building permit shall be required for flagpoles.
- J) One identification sign per building entrance six square feet or less in area.
- K) Permanent regulatory and parking signs six square feet or less in area.
- L) Permanent wall signs of an informational nature, not including business Identification signs, such as signs identifying service or delivery entrances, six square feet or less in area.
- M) Sign walkers
- N) Official traffic signs
- O) Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside and are located greater than three feet from the window.
- P) Holiday and seasonal decorations
- Q) Address signs. Up to two signs stating address, number or name of occupants of the premises and do not include any commercial advertising or other identification.
- Residential districts. Signs not to exceed three square feet in area.
- Non-residential districts. Signs not to exceed five square feet in area.
- R) Personal expression signs of any sign type, including flags, provided that they do not exceed three square feet in area per side, are non-commercial in nature, and not illuminated.
- S) Signs or emblems of a religious, civil, philanthropic, historical or educational organization that do not exceed four square feet in area.
- T) Private drive signs
- U) Security and warning signs.
- V) Memorial signs, public monument or historical identification sign erected by the municipality, including plaque signs up to three square feet in area.
- W) Art and murals provided such signs do not contain any commercial messaging. [end add]
(Ordinance Number 2009-15, § 1(Exhibit A), 10-5-2009; Ordinance. Number 2016-17, § 1, 6-6-2016)
Sec. 17-3. - General requirements.
a) Compliance with other regulations. All signs shall be designed, erected, altered and maintained in accordance with the provisions of this chapter and in compliance with the requirements of the building and electrical codes of the Town of Lady Lake. [begin add] Signs maintained contrary to the provisions of this article are declared to be nuisances and may abated as provided by law. [end add]
b) Construction and maintenance. All signs, pursuant of this chapter, together with their parts, supports, braces, guys and anchors shall be [begin add] of sufficient weight and durability to withstand wind gusts, storms and [end add] properly maintained, treated and/or painted. All signs shall be maintained in good condition and repair at all times. Unless made of galvanized or non-corroding material, all signs shall be thoroughly painted when necessary. No sign structure or framework may be exposed by removal of sign faces or advertising copy for a period in excess of 15 days. [begin add] In no case shall any permanent sign be secured with wires or strips of wood which are visible and not an integral part of the sign. [end add]
c) Illumination of signs. Any light from any illuminated sign shall be shaded, shielded, or directed so that the light intensity or brightness shall not adversely affect the surrounding or facing premises or adversely affect the safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Light shall not shine directly on or into residential structures. A licensed engineer must certify that the light emitted from the sign will not cause any adverse effects to operators of vehicles on adjacent roadways.
d) Calculating sign area. The allowable size of freestanding signs is determined based on the width of a site along a public street. The allowable size of building signs varies depending on the type of occupancy. For single-use buildings, the maximum size is calculated based on the width of the building facing the street. For multi-tenant buildings, the sign area is calculated based on the width of the main facade of the business, regardless of the building orientation.
Unless otherwise provided, the total sign area within a single lot shall not exceed the allowable square footage set forth in this chapter. Billboards and signs required by federal, state or local law shall be excluded when calculating maximum allowable square footage for on-premises signs.
In computing sign area in square feet, standard mathematical formulas for common shapes will be used. Common shapes shall include squares, rectangles, trapezoids, circles and triangles. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used (see graphic below). The total sign area will be the area of the smallest common shape that encompasses the several components of the sign. All words and components of a sign or related message shall be included as one sign. Individual words or components may be considered separate signs only if they are obviously disassociated from other components. When signs are enclosed in a border or highlighted by background graphics, the perimeter of such border or background will be used to compute sign area. Double-faced signs that meet the definition contained in this chapter shall be considered one sign.
e) Sign placement standards.
1) Freestanding signs.
A) No freestanding sign shall be erected closer than 100 feet from any other freestanding sign. Outparcel businesses not allowed to have a freestanding sign because of this provision may be advertised on one of the six tenant signs allowed on the freestanding sign that identifies the main development.
B) Freestanding signs shall only be allowed on sites with a frontage of 100 feet or more on a public street.
C) No freestanding sign shall be allowed on sites where the maximum front yard setback allowed is ten feet.
D) On-premises signs shall be located wholly within the premises and shall maintain a five-foot setback from the right-of-way/property line to the nearest point of the sign.
E) Signs located within the sight visibility triangle, as defined in, Chapter 9, Section 9-5, shall meet the clearance requirements specified in that section.
2) Wall signs.
A) No wall sign or supporting structure shall project more than 12 inches from the wall of a building.
B) No wall sign shall extend above the roof line except where an exterior parapet wall projects above the roof line, in which case, such sign may extend to the top of such wall.
C) Wall sign shall not cover upper story windows or architectural ornamentation.
D) Wall sign width shall not exceed 75 percent of the facade width.
E) Wall sign size shall not exceed 20 percent of the square footage of the façade.
3) Other signs.
A) Projecting signs shall be erected only on a wall of a building and shall not project out more than 48 inches.
B) Projecting signs shall not project into the public right-of-way, a parking space, a travel lane, or a driveway.
C) Awning signs shall not be placed on the curved or diagonal portion of the awning.
D) The width of an awning sign shall not exceed 75 percent of the width of the awning.
E) Projecting and awning signs shall maintain a clearance of nine feet between the finished grade and the bottom of the sign if it extends over a sidewalk or walkway area.
F) Directory signs may be attached to a wall or freestanding but shall not be located within 50 feet of any public right-of-way line. The Town Manager may allow a directory sign closer to the street if it is determined that the sign is not being used for advertisement purposes.
4) Electronic message boards/marquee signs. Electronic message boards/marquee signs require the submittal and approval of a special permit use application. Application procedures are as follows:
A) Notification of public hearing: The Town shall send notice per F.S. § 166.041, to adjoining property owners within 150 feet of the subject property at least ten days prior to the Town Commission hearing. Such notice shall include the date, time, and place of the public hearing before the Town Commission.
B) Public advertising: Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten days prior to the Town Commission hearing. Notice shall also be posted in a conspicuous location at the Town Hall and may be posted at other locations at the discretion of the Town.
C) Procedure for public hearing:
1) TRC review. The TRC will review the submittal and make recommendations to the Town Commission.
2) Town Commission action. The Town Commission shall consider recommendations of the TRC board before taking final action.
Electronic message boards must adhere to the following guidelines:
1) Shall only be placed on approved freestanding signs.
2) Maximum copy area shall not exceed 14 square feet per each side.
3) Flashing, scintillating, beacon or running lights or movement or which gives the visual impression of such flashing, scintillation, or movement shall not be allowed.
4) Shall only display text. The text shall be amber-colored or similar lettering with black background.
5) All electronic message boards or marquee signs are required to incorporate dimming features and capabilities. These features will be reviewed concurrent with the permitting process.
f) Sign design. All signs shall be designed consistent with the architecture of the primary building, and shall adopt similar design elements, such as materials, textures, colors, and shapes.
(Ordinance Number. 2009-15, § 1(Exhibit. A), 10-5-2009; Ordinance. Number 2016-17, § 1, 6-6-2016)
Sec. 17-4. - Permanent signs.
[begin add] All permanent signs shall be compatible with the design of buildings and sites, reflecting the architectural style, building materials, textures, colors and landscape elements of the project; except as provided by Florida Statute (§) 553.79(20)(a)(1) and (2). [end add]
A) Residential zoning districts. The following standards apply to on-site identification signs within the AG-1, RS-3, RS-6, MX-5, MX-8, MF-12, MF-18, RP, MH-9 and residential PUD zoning districts.
1) Residential subdivisions and multi-family developments.
|Type of Signs||Number of Signs||Maximum Sign Area||Sign Height|
|Monument/Wall||1 double faced monument or 2 single-faced wall signs per development entrance||24 square. feet. (site frontage < 100 feet.) 32 square. feet. (site frontage > 100 feet.)||6 feet.|
|Directional||Determined on a case-by-case basis||4 feet.||3 feet.|
|Directory||Determined on a case-by-case basis||2 square. feet. per unit, up to a maximum of 24 square. feet. total per sign||6 feet.|
2) Non-residential uses in residential districts. The following signs are allowed for each use approved through special exception/conditional and for institutional uses within residential districts
|Type of Signs||Number of Signs||Maximum Sign Area||Sign Height|
|Monument||1 per site frontage on a public street||32 square. feet.||6 feet.|
|Wall, awning, marquee or projecting||1 per building frontage on a public street*||2 square. feet. per lineal foot of building frontage on a public street, up to 24 square. feet.||NA|
|Directional||Determined on a case-by-case basis||4 square. feet.||3 feet.|
|Directory||1 per site frontage||2 square. feet. per location identified up to 24 square. feet. total per sign||6 feet.|
*The Town Manager may allow an additional wall, awning, marquee, or projecting sign on a secondary facade only if a public entrance to the business on that secondary facade needs to be identified. The size of such signage on secondary facades shall be discounted from the maximum wall sign area allowed.
B) Non-residential zoning districts. The following standards apply to signs within the CT, LC, HC, CP, PFD, non-residential PUD's and I zoning districts:
1) Single-use developments. Single-use developments shall comply with the following standards, in addition to the general placement standards contained in section 17-3e):
A) Wall signs shall be placed on the side of the building facing the public street.
|Type of Signs||Number of Signs||Maximum Sign Area||Sign Height|
|Monument||1 per site frontage on a public street||80 square. feet. per sign||8 feet.|
|Wall, awning, marquee or projecting||1 per building frontage on a public street||2 square. feet. per lineal foot of building frontage on a public street, with up to 200 square. feet. maximum, or 20 percent of square footage of the façade, whichever is greater.||NA|
|Window||1 per façade||50 percent of the glass area where the sign is placed.||NA|
|Directional||Determined on a case-by-case basis||4 square. feet. each||3 feet.|
|Drive-Through Menu||2 per site||24 square. feet.||6 feet.|
|Menu Board||1 per site||6 square. feet.||NA|
B) Applicants may be allowed an additional wall, awning, marquee, or projecting sign on secondary facades street(provided that a minimum of 75 percent of the façade remain unobstructed when viewed from any given point along the right of way)and/or along facades which face the patrons’ parking area. The size of such signage on secondary facades shall be discounted from the maximum wall sign area allowed.
2) Multi-tenant developments. Multi-tenant developments such as shopping centers, mixed-use developments and office parks shall comply with the following standards, in addition to the general placement standards contained in section 17-3e):
|Type of Signs||Number of Signs||Maximum Sign Area||Sign Height|
|Monument||1 per site frontage for the main site plus 1 per frontage for each outparcel, subject to meeting sign separation requirements.||Local - 80 square. feet. Neighborhood - 120 square. feet. Community - 150 square. feet. Regional - 198 square. feet.||8 feet.|
|Wall, awning, marquee or projecting||1 per tenant, except as noted below||2 square. feet. per lineal foot of façade width, with up to 200 square. feet. maximum, or 20 percent of square footage of the façade, whichever is greater.||NA|
|Window||1 per facade for each tenant.||50 percent of the glass area where the sign is placed.||NA|
|Directory||1 per site||2 square. feet. per tenant, up to a maximum of 24 square. feet. total per sign||6 feet.|
|Directional||Determined on a site-by-site basis||4 square. feet. each||3 feet.|
|Drive-Through Menu||2 per tenant||24 square. feet.||6 feet.|
|Menu Board||1 per tenant||6 square. feet.||NA|
A) Freestanding (pole) signs with a maximum height of 20 feet are allowed along US 441 or CR 466. The sign shall meet all other standards for monument signs except for height and setback. Signs taller than eight feet shall be setback at least ten feet from the property line.
B) The maximum sign area permitted for freestanding signs (pole or monument) shall be calculated based on the size of the entire development site (including outparcels), as defined below:
1. Local: Up to 64,999 square. feet. Gross Leasable Area.
2. Neighborhood: 65,000 to 152,999 square. feet. Gross Leasable Area.
3. Community: 153,000 to 386,999 square. feet. Gross Leasable Area.
4. Regional: 387,000 square. feet. Gross Leasable Area or more.
C) The total freestanding sign size allowed shall be divided among the center and the various outparcels located within the development site. The sign plan shall specify how the area will be divided among those qualifying and proposing to use a freestanding sign.
D) The freestanding sign may identify name of the center and up to eight tenants/occupants. The individual tenant signs shall be uniform shape and size.
E) Wall signs shall be placed on the main facade of the business.
F) Large-scale anchors, which exceed 75,000 square feet in gross leasable area, may display one major wall sign and two secondary signs on the main facade, not exceed the maximum square footage allowed in this section. The secondary signs shall not exceed 32 square feet each.
G) Individual tenants may be allowed to display an additional wall, awning, marquee, or projecting sign on a secondary façade (provided that a minimum of 75 percent of the façade remain unobstructed when viewed from any given point along the right of way) and/or along facades which face the patrons' parking area. The size of signs displayed on secondary facades shall be discounted from the total maximum wall sign area allowed.
H) Tenants lacking individual entrances and/or building frontage at street level may only be identified in a directory sign.
I) The Town Manager may allow more than one directory sign based on site-specific conditions.
(Ordinance. Number. 2009-15, § 1(Exhibit. A), 10-5-2009; Ordinance. Number. 2016-17, § 1, 6-6-2016)
Sec. 17-5. — Temporary [begin add] Uses and Special Event [end add] signs.
All temporary signs erected for directional purposes, public information or to direct attention to special events shall be confined to those that are of a general public interest [begin delete] and shall be limited to the giving of such information [end delete]. Other temporary signs allowed include:
a) Real estate signs.
1) A maximum of two signs are allowed per property, with one sign per frontage, advertising the sale or lease of real property or a business opportunity.
2) Large parcels with a site frontage of 500 feet or more are allowed a maximum of two signs per frontage, at least 250 feet apart.
3) Real estate signs shall not be illuminated and shall not exceed 12 square feet in districts zoned residential or 32 square feet in other districts.
4) Said signs are subject to setback, height, and other requirements pertaining to freestanding signs applicable to the district where placed, provided however, real estate signs shall not be subject to the provisions of this chapter requiring a minimum separation distance between ground or pole signs, but shall be governed by the provisions set forth above regarding the location of real estate signs.
[begin delete]5) Real estate signs shall contain only the following information, or any combination thereof at the option of the sign owner: [end delete]
- House, apartment, unit, business, or other short description of the property.
- The words "For Sale, For Lease, For Rent, For Exchange, For Let, See Your Broker", or similar phrase.
- The registered name of the broker and the term "Broker", "Realtor", or logo if the offer is through an agent, or the words "By Owner" if the offer is not through an agent.
- One telephone number and/or "Inquire Within" or a similar phrase, and a room, apartment, or unit number if needed. [end delete]
b) Political campaign signs. Signs announcing candidates seeking public office and other data pertinent thereto [begin add] including other non-commercial speech [begin add] shall be permitted subject to the following regulations:
1) The maximum size allowed shall be nine square feet in all residential zoning districts and 32 square feet in all other districts.
2) No sign shall be located within or over the public right-of-way or located on utility poles.
3) No sign shall be located or erected on any property owned by the Town of Lady Lake, with the exception of campaign signs to be located at polling sites on election dates.
4) No sign shall be erected prior to 30 days before the first primary.
5) Candidates eliminated during any election, except the general election, shall remove signs within five days following said election. After the general elections, all candidates shall remove signs within five days. Any signs remaining shall be discarded.
6) Signs in private property shall be removed as per subsection 5), above. In the sign removal action process, as established hereby, Town Manager or designee shall remove any sign that is remaining five days following an election at property owner's expense.
c) Open house signs. In all zoning districts, two on-premises signs not to exceed 12 square feet in area each, inviting the inspection of property may be placed in addition to a permitted for sale or lease sign. [begin delete] Said sign shall be limited to the words "OPEN" or "OPEN HOUSE" or similar words [end delete]. All signs shall be removed daily at the end of the open house.
d) Banners, feather flags, and other promotional signs.
1) Banners and feather flags. Promotional banners and feather flags may be allowed to the general requirement for all signs set forth in section 17-3 and the following conditions:
A) No more than two signs per business and no more than three multi-tenant businesses can display banners or feather flags at a one time. However, if a single use development has two frontages, then the business would be allowed to place a maximum of one banner and one feather flag per frontage or two feather flags per frontage as long as the total size does not exceed the maximum size allowed. No more than four permits may be issued for each tenant per calendar year.
B) The sign(s) shall not exceed 32 square feet in size and shall be exempt from the maximum allowable square footage for on-premises signs.
C) Permit required. No promotional signs may be displayed for a maximum of 15 consecutive days and for a total of 60 per calendar year. Failure to remove a banner and/or feather flag within the prescribed time frame shall result in a violation of this provision. No permits shall be issued during the calendar year in which such a violation occurs.
D) Promotional signs may be displayed for a maximum of 15 consecutive days and for total of 45 days per calendar year. Failure to remove a banner within the prescribed time frame shall result in a violation of this provision. No new permits shall be issued during the calendar year in which such a violation occurs.
E) Signs shall be maintained in good repair. Frayed edges, faded lettering, holes, and similar signs of deterioration shall be considered a violation of this provision.
2) Grand opening sign application.
A) All commercial, industrial, public and quasi-public uses and mixed-use developments (commercial combined with multi-family residential) will be allowed to display a grand opening event with a valid permit.
B) Signage for a grand opening event will be permitted for a period not to exceed 30 days and will only be issued to new business or existing business relocating to an entirely new location.
C) The display must occur within the first 60 days following C.O. issuance or three months of a new business relocation. Changes in ownership of an existing business shall not be entitled to apply for a grand opening sign application.
D) Grand opening signage shall not be in the right-of-way of any public street or within five feet of any property line and each single sign shall not exceed 32 square feet.
E) Signage shall not obscure building address numbers, be displayed on a roof top, extend vertically above the fascia of a building, or encroach into fire lanes. Moreover, Town shall not be liable for temporary sign options that are not securely placed.
F) Allowable signs per each grand opening event may include a combination not to exceed a maximum of three sign options.
G) Temporary sign options are:
1) Banner. A banner attached to a building, where the banner lies flat against the building surface at all times.
2) Pennants/streamer. An individual object and/or series of small objects made of lightweight plastic, fabric, or other material, which may or may not contain text, which is suspended from and/or twined around a rope, wire or string.
Streamers: Hung on wall.
Pennants: Strung together in front of façade.
3) Balloon(s). A spherical, flexible, nonporous bag inflated with air or gas lighter than air, such as helium, and intended to float in the air.
4) Rigid portable sign. A sign which is not permanently affixed and designed for or capable of movement. A rigid portable sign is not considered to be a portable reader-board or "trailer sign."
e) Temporary sponsorship banners. Subject to compliance with applicable provisions of the Town of Lady Lake Sign and Zoning Regulations, the parks and Recreation Department in coordination with Growth Management may authorize not-for-profit organizations to erect temporary program sponsorship banners in Town Facilities, subject to the following conditions:
1) Eligibility. Only certain non-profit organizations that operate to serve Town of Lady Lake residents are eligible to erect banners under this section. The eligible organizations may erect temporary banners for only those businesses, organizations, individuals and other entities that provide monetary support or other material assistance through the form of sponsorship to the eligible organization. Subject to the conditions expressed herein, the Parks and Recreation Department has the discretion to determine which not-for-profit organizations and program sponsors are eligible to erect banners under this section.
2) Location. The location of temporary program sponsorship banners in town parks shall be limited to three main sites: 1) around the interior perimeter of the outfield fence at the Guava St. Athletic Complex; 2) interior perimeter of the outfield fence at the Rolling Acres Sport Complex; and 3) around the log cabin facilities.
3) Duration. Banners permitted under this section may be erected or displayed only for the duration of the season. Banners must be removed following the conclusion of the season.
4) Construction. Banners permitted under this section must be single-sided, non-illuminating, temporary or portable in design, and constructed with weather-proof material.
5) Size. Banners permitted under this section cannot exceed 32 square feet in area.
6) Color/format. Banners permitted under this section must be consistent in format, preferably dark lettering with white background. Wording on banners permitted under this section is limited to the name and logo of the program sponsor.
7) Permit requirements. A complete banner application shall be submitted for permitting. There is no fee charged for this application. Regular enforcement of the sign code requirements is applied this section. Moreover, Town shall not be liable for banners that not securely placed.
8) Other. Subject to the conditions expressed herein, the parks and recreation department has the discretion to develop additional location requirements at the three sites and other restrictions and guidelines for banners permitted under this section.
9) Prohibited activities. Commercial advertising, except for temporary program sponsorship banners as permitted
f) A-frame signs. A-frame signs shall be permitted within multi-family and commercial zoning districts, subject to the following regulations:
1) Size. Signs shall be no greater than two feet in width and three feet in height. Total dimensions shall not exceed eight square feet for double-sided signs.
2) Number. One A-frame sign shall be permitted per apartment complex or per business.
3) Display. Signs shall be displayed only:
A) During the posted hours the business is open to conduct business; or
B) During the posted hours an apartment rental office is open to conduct business.
4) Location. A-frame signs shall be located only:
A) At grade level.
B) On-site or adjacent to apartment buildings.
C) Sidewalk signs are shall be placed no more than one foot from commercial buildings.
5) Prohibited locations. A-frame signs shall not be located:
A) Within rights-of-way on in raised or painted medians.
B) Across any street from the business being advertised.
C) In parking aisles or stalls.
D) In driving lanes.
E) On equestrian or multi-use trails.
F) So that less than a minimum of four feet is clear for pedestrian passage on all sidewalks and walkways, or so as to cause a hazard to pedestrian traffic.
G) On fences, boulders, planters, other signs, vehicles, utility facilities, or any structure.
H) Within a minimum distance of 15 feet from any other A-frame sign.
I) Within a minimum distance of 30 feet from an access drive or street intersection.
g) Construction signs. Non-illuminated construction signs of 32 square feet or less are allowed at active construction sites. A maximum of two construction signs will be allowed per parcel. The minimum setback is five feet from the property line. Any such sign shall be removed within 15 days after the certificate of occupancy for the structure is issued.
(Ordinance. Number. 2009-15, § 1(Exhibit. A), 10-5-2009; Ordinance. Number. 2016-17, § 1, 6-6-2016)
[begin add] h) Sign Walkers. Sign walkers shall be permitted under the following regulations:
1) Location. sign walkers shall be located only:
A) 30 feet from a street or driveway intersection measured from the back of the curb or edge of pavement if no curb exists.
B) Five feet from the street measured from the back of curb or edge of pavement if no curb exists
C) Sign walkers shall yield right-of-way to pedestrians, bicycles and all others traveling or located on the sidewalks.
D) At grade level
2) Prohibited locations: sign walkers shall not be located:
A) In raised or painted medians
B) In parking aisles or stalls
C) In driving lanes or driveways
D) On equestrian or multi-use trails
E) So that less than a minimum of four feet is clear for pedestrian passage on all sidewalks and walkways, or so as to cause a hazard to pedestrian traffic.
F) On fences, boulders, planters, other signs, vehicles, utility facilities or any structure.
G) Within a minimum distance of 20 feet from any other sign walker
H) In a manner that results in sign walkers physically interacting with motorists, pedestrians, or bicyclists.
3) Display. Sign shall be:
A) Displayed only during the hours the business is open to conduct business.
B) Held, worn, or balanced at all times.
4) Elements prohibited. The following shall be prohibited:
A) Any form of illumination, including flashing, blinking, or rotating lights;
B) Animation on the sign itself;
C) Mirrors or other reflective materials;
D)Attachments, including, but not limited to balloons, ribbons, speakers. [end add]
Sec. 17-6. — Off-premises signs.
Signs commonly referred to as outdoor advertising, billboards or poster panels which contain commercial or noncommercial advertising or on which any other matter may be displayed, depicting goods, services or other things not sold or available upon the parcel of property on which the signs are located, are classified as off-premises signs and deemed by this article to constitute a separate use. The control and regulation of the display of such advertising is deemed to be appropriate to the character and sound development of the Town, and it is intended that such advertising be confined to certain commercial and industrial properties.
Billboards may be placed only on property which is zoned CT, LC, HC, or I and which is adjacent to U.S. Highway 27-441.
1) Identification of billboard signs. Every billboard sign hereafter erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person, firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for said sign by the building official.
2) Single and double-faced billboards. A billboard structure may be single or double-faced, but any double-faced billboard structure shall have advertising surfaces of equal size and shape. For the purposes of this chapter, the following types of billboards shall be considered double-faced billboards:
A) A billboard structure where the signs are placed back-to-back as long as the backs of the signs are not separated by more than 48 inches.
B) A billboard structure when constructed in the form of a "V" when viewed from above, provided the internal angle at the apex is not greater than 45 degrees and the billboard's structure is not separated by more than 36 inches at the apex of the "V."
3) The total height and length of a billboard face shall not exceed 14 feet by 48 feet, respectively. The total advertising surface area shall not exceed 672 square feet per advertising surface. Molding, skirts and aprons shall not be included in the total advertising surface area square footage if copy does not appear in these areas. The molding, skirt or apron may, however contain the name of the owner of the structure.
If the molding, skirt, or apron contains other copy, computation of the total advertising surface area shall include the square footage of the nearest rectangular shape whose perimeter encloses that copy.
4) Extensions will be allowed (additional square footage) not to exceed 15 percent of the allowable square footage of advertising surface area. Extensions will be allowed to a maximum of five additional feet above the allowable height of 40 feet above ground level. It is not the intent of this language to allow rectangular extensions which result in billboard with additional square feet of internal advertising surface.
5) Structure requirements.
A) No billboard or attachment or extension thereto shall exceed an overall height of 40 feet above the ground level, except as provided in section above. No stacking of billboard faces shall be permitted.
B) Ground clearance. Clearance of not less than 15 feet shall be maintained between the lower edge of a billboard and the ground.
C) Supporting structure. No portion of the supporting structure shall be visible above any advertising display area. All bracing shall be hidden or covered so that it shall not be visible from the public right-of-way. The covered portion of the ends of such signs shall not be used for advertising purposes. Supporting structures must be of "monopoly" or single metal post design. No portion of a billboard structure may project more than five feet over the roof of any other building or structure so as to constitute an obstruction to firefighting equipment.
6) Established setbacks.
A) No portion of any billboard shall be erected or maintained within 20 feet of any property line.
B) No billboard structure shall be erected within 50 feet of the nearest residential zoning district; the distance to be measured from the closest point of the billboard structure to the closest residential zoning district boundary.
C) No billboard structure shall be erected in such a position that the sign face is directed to any residential zoned property within 100 feet of such billboard structure; the distance to be measured perpendicular to the sign.
D) No billboard structure shall be erected or maintained within 40 feet of a ground or pole sign.
E) Limited access highway. Along limited access highways and expressways as established by the State of Florida or any of its political subdivisions, no billboard shall be allowed within 150 feet of the outside curb (the nearest curb to the proposed sign) of the main traffic route of such street or highway. It is intended specifically by this provision that such setback shall not be measured from the curb line of ramps or ways used exclusively for access to or exit from such highway or street; however, all billboards located along such ramps or ways shall meet all appropriate yard and building setback requirements for the zoning district in which they are located.
7) Number of billboard signs permitted; spacing requirements.
A) General provisions. No billboard structure shall be constructed unless the required distance to the nearest existing or approved billboard structure is maintained as provided herein.
B) Spacing requirements. No two billboards shall be spaced less than 2,000 feet apart on the same side of the highway. No billboard shall be spaced less than 1,000 feet apart from any billboard located on the opposite side of the highway.
8) Illumination and movement. No billboard shall be erected, or any existing billboard maintained, that incorporates flashing, scintillating, beacon or running lights or movement, or which gives the visual impression of such flashing, scintillation or other movement. No tri-vision signs shall be permitted.
Sec. 17-7. — Prohibited signs.
a) Prohibited signs. The following signs or types of signs are prohibited in the Town of Lady Lake.
1) A sign erected without a permit where a permit is required.
2) Any sign not specifically authorized by this Code.
3) Any sign that interferes with traffic or might reasonably be confused with or obstruct the view or effectiveness of any official traffic sign, traffic marking or otherwise obstruct the sight of motorists or pedestrians.
4) Signs that encroach into an electric utility clear zone, as determined by the standards contained in the latest National Electrical Code.
5) [begin add] Snipe signs and [end add] signs attached to trees or utility poles.
6) Snipe signs, sandwich signs or other portable signs. [end delete]
7) A sign found by the building official to be structurally unsafe or a hazard to public safety.
8) Any abandoned sign. This includes:
A) Any sign face that advertises a business no longer conducted or product no longer sold. In making the determination that a sign advertises a business no longer being conducted, the Town shall consider the existence or absence of a current occupational license, utility service deposit or account, use of the premises, and relocation of the business.
B) Any sign structure which has not been used for business purposes for over six months, and that is non-conforming to existing codes regarding height, setback or sign area.
[begin delete] 9) A series of two or more signs that must be read together to obtain a single message. [end delete]
10) Flashing except for community event boards used by public agencies.
11) A sign that obstructs any fire escape, window, door or other opening used as a means of ingress and egress so as to prevent free passage of persons.
12) Any sign that interferes with openings required for ventilation.
13) Wind-activated or inflatable signs and similar decorations used to attract attention to commercial establishments, except for those specifically authorized by the Town Commission for special events. [end delete]
14) Roof-mounted signs.
15) Any vehicle sign except:
A) Political signs.
B) Bumper stickers.
C) Signs required by law, ordinance, or regulation.
D) Signs that identify the owner or lessee of the vehicle and the products or services of the owner or lessee. [end delete]
E) Any vehicle that displays a sign permitted by this section shall not be parked in any residential or commercial area for longer than 90 continuous hours unless such vehicle is parked so said signs thereon are screened to prevent such signs to be viewed from any public street, sidewalk, or residence. It is the intent of this prohibition to prohibit vehicles from being utilized as on-premises signs except as is incidental to bona fide vehicle use.
16) Any sign that is unsightly because of deterioration or lack of maintenance.
17) Off-premises signs, except as permitted in this chapter.
18) Tri-vision signs [begin add] and mechanical movement signs including revolving signs. [end add]
19) Signs harmful to minors. [begin add] With regard to sign content, any description or representation, any word or picture in whatever form, of nudity, sexual conduct, or sexual excitement, when it:
- Predominately appeals to the prurient, shameful, or morbid interest of
minors in sex, and
- Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors, and
- Taken as a whole, lacks serious literary, artistic, political, or scientific value [end add]
20) Hand-crafted signs attached to vehicles which are not part of the body of the vehicle or weren't engineered by the manufacturer or a conversion company.
[begin add] 21) Signs that by shape, color, design, and placement are likely to be confused with a road sign, or any other traffic control sign or device.
22) Signs which advertise activities illegal under Federal, State, or local laws, rules or regulations.
23) Any signs that imitate, resemble, interfere with, or obstruct official traffic lights, signs, or signals. [end add]
b) Removal of prohibited signs.Immediate removal of prohibited signs will be required according to the following procedures:
1) The Town Manager, or his designee, shall immediately notify the owner of any prohibited sign, by certified mail, that the sign is prohibited and must be removed or brought into compliance within ten days after receipt of the notice. The notice shall also inform the owner of the penalties provided in this chapter.
2) If the owner of the prohibited sign fails or refuses to remove the sign or bring into compliance within ten days after receipt of the required notice, the Town may institute an action in a court of competent jurisdiction to require removal of the sign.
(Ordinance. Number. 2009-15, § 1(Exhibit. A), 10-5-2009)
Sec. 17-8. — Enforcement.
a) The Town Manager, or his designee, is hereby authorized and directed to enforce all provisions of this chapter through Code Enforcement Board procedures and action, or such court procedures as the Town deems appropriate.
b) Conflict with other regulations. Where the provisions of this chapter are in conflict with any other local, state, or federal ordinance or code or parts of ordinances or codes, the most stringent provision shall govern.
c) Severability clause. Should any section, subsection, paragraph, sentence or clause of this chapter be declared unconstitutional or invalid by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision, and such holding shall not effect the validity of the remaining portions hereof.