§ 23-526. Signs.

This section establishes regulations for signs on residential properties in Lake Wales.

Intent of sign regulations. These regulations are designed to protect and promote the public health, safety, and welfare by controlling the type, number, location, and physical dimensions of signs, to prevent the disruptions, obstructions, and hazards to vehicular and pedestrian traffic that signs may cause, and to enhance the quality of the environment in residential districts. More specifically, it is the purpose of this section to:

a. Implement the comprehensive plan and planning policies of the city.

b. Provide liberally for the free expression of ideas through signs in the city.

c. Encourage the effective use of signs as a means of communication.

d. Balance the desire and need of individuals to express their creativity in signs with the desire to maintain a pleasing visual environment for residents and visitors.

e. Protect and enhance the value of properties and to have signage appropriate to the planned character and development of each area in the city.

f. Balance the need for information for motorists and pedestrians with the need for traffic safety by limiting signs or characteristics of signs that may be particularly distracting to drivers.

g. Provide clear and objective sign standards.

h. Provide a clear and efficient review procedure for sign applications.

i. Enable fair and consistent enforcement of the regulations set forth in this section.

Sec. 23-526.1 Applicability. Placement of a sign anywhere in Lake Wales shall require permit. For the purposes of sign regulation, a "permit" shall mean "verification of zoning compliance" under section 23-212 unless the type of sign is specifically exempted from the requirement for a permit under section 23-526.2.

To "place" a sign shall mean construct, paint, install, erect, post, sculpt, project, or otherwise display. Placement of a sign may also require a building permit.

A sign is defined in section 23-802. See also definition of "commercial message" under definition of "sign."

The following are not considered signs for the purposes of regulation under this section:

a. Decorations or displays of non-commercial nature.

b. Cornerstones, foundation stones and memorial signs or tablets displaying the names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material.

A permit is not required for a change in the message on an existing sign provided that the new message is not a commercial message where only a non-commercial message is allowed and provided there is no change in the structural components of the sign.

All applications must include a survey or scale drawing of the proposed sign with dimensions, including lettering size, and a clear diagram showing placement of the sign on the property and/or building.

Sec. 23-526.2. Prohibitions and permit exemptions.

a. Prohibitions. The following signs and those prohibited under section 23-545.5 are prohibited on residential properties:

1. Signs with commercial messages except as specifically allowed under section 23-526.3. See section 23-802 for definition of "commercial message."

2. Lighted signs except as specifically allowed under section 23-526.3.

3. No sign, except those placed by an authorized governmental agency, shall be placed in or project into the public right-of-way or public parks or other public property.

4. No sign shall be placed on a roof or above the roof line of a building.

5. No sign shall interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal, traffic marking or obstruct the sight distance of motorists or pedestrians.

6. No sign shall be painted on or attached to a tree or utility pole.

7. All signs not specifically allowed are prohibited.

b. Exemptions from permit requirement. The following signs or sign elements are exempt from the requirement for a permit and do not count against the sign allowance for a property:

1. Any sign installed in a building or enclosed space and not legible from the public right-of-way or from private or public property other than the property on which it is located.

2. Any sign that is less than four (4) square feet in area and less than four (4) feet in height (if freestanding), that is not separately illuminated and that is not legible from the public right-of-way or from private or public property other than the property on which it is located.

3. Signs required by law or deemed by the administrative official as necessary for safety or warnings, including on-site traffic safety signs and street address numbers.

4. Temporary signs as allowed under section 23-526.3.

5. Signs painted on or attached (as a magnetic sign) to a vehicle which is used on a regular basis for transportation by the tenant of the property and which is legally parked.

Sec. 23-526.3 Regulations for signs on residential properties. For the purposes of sign regulation, "commercial message" is defined as follows:

Commercial message means a sign, wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity or to an institution or other non-residential activity or use. For the purposes of sign regulation, the following are not considered commercial activities: proposed sale, rental or lease of the real estate where the message is displayed; the incidental and occasional sale of personal property on site; residential yard sales held in compliance with the provisions of this chapter; and construction/renovation on site.

a. Single- and two-family properties. Signs displaying commercial messages are not permitted on single-family or two-family properties except as specifically provided below.

1. Signs with non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on residential properties. Temporary signs meeting the requirements of this section may display political, real estate, "no trespassing," yard sale, public interest, and other miscellaneous non-commercial messages. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display. Permits are not required for temporary signs with non-commercial messages on single-and two-family properties subject to the following restrictions:

A. No more than four (4) signs are displayed at any time.

B. The signs are not illuminated, are made of rigid materials, and are securely anchored with posts, prongs, or other device.

C. No sign exceeds four (4) square feet in area or five (5) feet in height.

D. No sign is displayed in the public right-of-way.

E. Signs pertaining to an event shall be removed within seven (7) days of the close of the event.

2. Signs with commercial messages. A single-family unit or a unit in a two-family building may display a commercial message or a non-commercial message on one (1) permanent sign provided the unit has been approved for a primary commercial use, such as a day-care home or bed and breakfast establishment, as listed on table 23-421 "Permitted Uses and Special Exception Uses in Standard Zoning Districts." (Note: "home occupations" are accessory uses, not primary uses, and are not allowed to display a sign with a commercial message. See section 23-348, home occupations.) The following restrictions apply:

A. The sign may be a wall sign or a ground sign and shall not exceed six (6) square feet in area or five (5) feet in height if freestanding.

B. The sign may be lighted by a white spotlight. Internally lit signs are prohibited.

C. A sign permit is required.

b. Multi-family buildings and developments. Placement of a sign on a property with two (2) or more multi-family buildings shall be in compliance with a master signage plan. (See section 23-545.3 for requirements.)

1. Single building.

A. One (1) wall or ground sign displaying a non-commercial message may be located at a multi-family building that is not part of a multi-family development, provided the wall sign does not exceed two (2) square feet per linear foot of building frontage on the side it is displayed and a ground sign does not exceed sixteen (16) square feet in area or six (6) feet in height. Landscaping shall be planted at the base of a ground-mounted sign; plant materials shall be sufficient to screen the sign's supports to a height of fifty (50) percent of the distance from the ground to the bottom of the sign within a period of two (2) years.

B. Temporary signs for non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on residential properties. Temporary signs meeting the requirements of this section may display political, real estate, "no trespassing," yard sale, public interest, and other miscellaneous non-commercial messages. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display.

Permits are not required for temporary signs with non-commercial messages at a multi-family building subject to the following restrictions:

i. No more than four (4) signs are displayed at any time.

ii. The signs are not illuminated, are made of rigid materials, and are securely anchored with posts, prongs, or other device.

iii. No sign exceeds four (4) square feet in area or five (5) feet in height.

iv. No sign is displayed in the public right-of-way.

v. No such sign shall be attached to a tree, hedge, street sign, light pole, or other appurtenance.

vi. Signs pertaining to an event shall be removed within seven (7) days of the close of the event.

2. Multi-family complex or residential development.

A. One (1) sign displaying a non-commercial message may be located at each street entrance to a residential development (single-family or duplex subdivision, planned development or multi-family complex). The sign may be a wall mounted or ground-mounted sign not exceeding thirty-two (32) square feet in area or ten (10) feet in height.

Such a sign may be illuminated by a white spotlight. Internally lit signs are prohibited. Landscaping shall be planted at the base of a ground-mounted sign; plant materials shall be sufficient to screen the sign's supports to a height of fifty (50) percent of the distance from the ground to the bottom of the sign within a period of two (2) years.

B. Temporary signs for non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on residential properties. Temporary signs meeting the requirements of this section may display political, real estate, "no trespassing," yard sale, public interest, and other miscellaneous non-commercial messages. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display.

Permits are not required for temporary signs with non-commercial messages on multi-family properties subject to the following restrictions:

i. No more than four (4) signs are displayed at a multi-family building any time.

ii. The signs are not illuminated, are made of rigid materials, and are securely anchored with posts, prongs, or other device.

iii. No sign exceeds four (4) square feet in area or (5) feet in height.

iv. No sign is displayed in the public right-of-way.

v. Signs pertaining to an event shall be removed within seven (7) days of the close of the event.

vi. No such sign shall be attached to a tree, hedge, street sign, light pole, or other appurtenance.

c. Vacant residential property—Temporary signs with non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on vacant residential properties. No permit is required for a temporary sign meeting the requirements of this section. The sign may display a political, real estate, "no trespassing," public interest, and other miscellaneous non-commercial message. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display. One (1) temporary sign displaying a non-commercial message may be placed on a vacant or developing residentially zoned property for each street frontage or each five hundred (500) feet of frontage, subject to the restrictions below.

1. The sign shall be non-illuminated, made of rigid materials, and securely anchored with posts, prongs, or other device.

2. For a single lot under an acre in size, the sign shall not exceed four (4) square feet in area and five (5) feet in height.

3. For a development with multiple lots or a parcel exceeding one (1) acre in size, the sign shall not exceed thirty-two (32) square feet in area or ten (10) feet in height.

Sec. 23-526.4. Maintenance, non-conforming, and enforcement.

The following provisions for signs on non-residential properties shall apply also to signs on residential properties:

Sec. 23-545.8. Maintenance of signs.

Sec. 23-545.9. Non-conforming signs.

Sec. 23-545.10. Enforcement.

Sec. 23.526.5. Severability.

If any clause, section or provision of the sign regulations for residential properties (section 23-526) shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said section shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein.

(Ord. No. 2005-47, § 3, 10-18-2005; Ord. No. 2006-24, § 16, 6-6-2006; Ord. No. 2007-02, § 19, 3-6-2007; Ord. No. 2007-33, § 10, 9-4-2007; Ord. No. 2013-05, § 4, 6-18-13)