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Ord 14-04 ORDINANCE NO. 14-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME NEW DEFINITIONS RELATING TO SIGNS; AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations for the posting of signs on public and private property in order to prevent safety hazards and protect property values; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to provide consistent sign regulations governing places of worship to avoid making existing signs nonconforming and based on allowed secular criteria as permitted by the Religious Freedom Restoration Act; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to have a single, combined and updated sign ordinance in order to ensure fair and consistent enfomement of sign regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Sections 2.4.6(D) and (E) be repealed in their entirety. Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows: Section 4.6.7 Siflns (A) Purpose: The purposes of these sign regulations are: to encourage the effective use of signs as a means of communications in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs; to streamline the approval process by requiring master signage plans; and to enable the fair and consistent enforcement of these sign regulations. (1) Communication: Signs should not deny other persons or groups the use of sight lines on public rights-of-way, should not obscure important public messages, and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and understand the jurisdiction and the character of its sub-areas. (2) Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. (B) Applicability: It shall be unlawful for any persons to post, display, change, er erect a nonexempt sign or a sign structure, that requires a permit, without first having obtained a permit therefor. Signs or sign structures erected without a valid permit shall be deemed in violation and it shall be mandatory to obtain a permit, based on this Section, or else remove the sign or sign structure. Signs erected, under a valid permit, prior to the effective date of this ordinance, which have since become nonconforming shall be allowed to remain in accordance 2 ORD NO. 14-04 with the time limitation and structure requirements set forth in these LDR's. All signs not expressly allowed by these LDR's are prohibited. (C) Procedures. (1) Issuance of Permits, Validity and Renewal: Permit applications shall be reviewed by the Chief Building Official or his/her designee within thirty (30) days of submission of the permit application. Upon satisfactory compliance with the minimum submission requirements of the LDRs and a determination that the proposed sign meets all applicable standards set forth in the LDRs, the Chief Building Official, or his/her designee, shall cause a sign permit to be issued to the applicant. The permit shall be valid for a period of 180 days during which period the sign may be erected; however, the Chief Building Official, or his/her designee, for good cause shown and upon payment of 50% of the odginal application fee, may renew the permit for an additional 90 day increment provided that there have not been enacted, in the 180 day period, standards of which the permit would be in violation. (2) Permits for Individual Signs: Permits for signs shall be on a form as promulgated by the Chief Building Official. (a) Minimum Submission Requirements: The application form and associated submission materials shall include the following: 1. The type of sign and/or sign structure as set forth in the LDRs. 2. The street address of the property upon which the sign and/or sign structure is to be located along with identification of where on said property the sign will be located. If there is no street address another suitable method of identifying the location shall be provided. 3. The area per sign face and the aggregate area of the sign and/or sign structure. 4. The name and address of the owner or other person in control or possession of the real property upon which the sign or sign structure is to be located. 3 ORD NO. 14-04 5. Wdtten consent of the owner, or his designated agent, granting permission for the construction, operation, maintenance, or displaying of the sign and/or sign structure. 6. Two copies of a blueprint, sketch, blue line pdnt, or similar presentation, drawn to scale and dimensioned, showing elevations of the sign as proposed and its relationship to other existing or proposed signs or sign structures in the area. In the case of a free-standing sign, the representation shall include a sketch site plan showing the location of the sign. 7. Appropriate exhibits showing the proposed location of the sign with respect to nearby structures and vegetation. 8. The seal of a state registered engineer or architect shall be affixed to drawings of signs and/or sign structures where the sign face is in excess of thirty-two square feet (32 sq.ft.) certifying that it is designed in accordance with wind load requirements of the Florida Building Code. A sign contractor shall provide a signed certificate stating that wind loading to withstand a pressure of fifty (50) pounds per square foot when an application for signs less than or equal to 32 square feet in area is submitted. (D) Aesthetic Qualifications: (1) Applicability: The following subsection describes basic aesthetic qualifications which apply to signs. (2) Basis: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent 4 ORD NO. 14-04 surroundings. In addition to the limitations on signs imposed in Subsections (G) and (K), the following aesthetic considerations must be met. (a) Garishness: The overall effect of the lettering, configuration or color of a sign shall not be gadsh. "Garish" signs are those that are too bright or gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and are not compatible with the building or adjacent surroundings. (b) Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F)(2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. (E) Signs Requiring Permits: (1) General: All signs, other than those exempted by Subsection (H) or prohibited by Subsection (I), must obtain a sign permit. Applications for sign permits shall be submitted and processed pursuant to these LDRs. Sign permits shall be issued by the Sign Administrator under the direction of the Chief Building Official for the following: (a) Master and Blanket Sign Program Signs: Individual signs being permitted under the provisions of an approved Master Sign Program or Blanket Program. (b) Signs Meeting Standards: Individual signs which conform in all respects to the provisions of Subsection (F) and (K) of this Section. (c) Special Purpose Signs: Which comply with the requirements of Subsection (E) (3). (2) Master Sign and Blanket Sign Programs: (a) Blanket Sign Program: A Blanket Sign Program may be required for a commercial property establishing the font, color, size and locations of signs on a multiple tenant building. A Blanket Sign Program shall be approved by 5 ORD NO. 14-04 the Site Plan Review and Appearance Board or the Historic Preservation Board if the project is in a historic district or historically designated site. After approval of a Blanket Sign Program, individual signs consistent therewith shall be administratively approved. (b) Master Sign Program: A Master Sign Program is to be used when the development of a project is of such a scale or character that the normal application of the design and/or aesthetic standards of Subsections (D) and (F), respectively, will not result in an effective sign program and signing more permissive than said standards is necessary. Approval of a Master Sign Program may include the automatic granting of waivers and/or adjustments to the provisions of Subsections (D) and (F) provided that the intent of the sign code is maintained and the character of the community and neighborhood is not diminished. A Master Sign Program shall be approved by the Site Plan Review and Appearance Board or if the project is in a historic district or historically designated site, by the Historic Preservation Board. After approval of a Master Sign Program, individual signs consistent therewith shall be administratively approved. (c) Nothing contained herein shall prevent diversity and creativity of individual signs in the Master Sign Program. (3) Special Purpose Signs and Signing: Permits for the following signs may be issued administratively provided that the provisions contained herein are complied with. (a) Directional Signs for Churches, Civic, or Recreational Facilities: General directional signs for civic, church, or recreational facilities up to a maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval of the City Engineer and/or his/her designee. The number of directional signs permitted for each qualifying applicant shall depend upon the location and need of the traveling public. The dimensions of the directional signs shall be no greater than eight (8) inches by thirty (30) inches per sign. The signs must be designed and installed in accordance with these LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or his/her designee. (b) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to the following restrictions: 1. Not more than twelve square feet (12 sq.ft.) per sign face. 6 ORD NO. 14-04 2. If free standing, it shall not exceed five feet (5') in sign height. 3. If a part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. 4. One sign is permitted per frontage with a maximum of two signs per site. 5. Signs placed on pumps shall not exceed three square feet (3 sq.ft.) per sign face nor a total of six square feet (6 sq.ft.) per sign. (c) Grand Opening Banner: One banner may be placed on the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. 2. The banner shall not exceed an area of fifty square feet (50 sq.ft.), 3. The banner may not be more than fifteen feet (157 above the grade, and must be placed on the building of the business, in the front of the business. 4. Banners shall be made of color fast material. (d) Grand Opening Portable Signs: Portable signs shall only be allowed within the Central Business District (CBD). In addition to a Grand Opening Banner, one Portable Sign may be placed directly in front of the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. 2. The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. 7 ORD NO. 14-04 3. A permit sticker must be obtained and cleady displayed on the Portable Sign frame. 4. A portable sign placed on the sidewalk must be located in such a manner that it does not impede the five foot (5') pathway parallel to the street for through pedestrian traffic. 5. If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless agreement in a form acceptable to the City Attorney shall be provided. (e) Historic Signing: Signs which ara building mounted or free-standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when frae-standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gained from the Historic Preservation Board. 1. Maintenance of Nonconforming Nostalgic Signs: (i) Signs that have an histodc or nostalgic appeal, and constitute artistic expression, and not solely advertising may be exempted from the removal raquiraments if a racommendation by the Historic Preservation Board is approved by the City Commission. (ii) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." (iii) In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's value as a part of the historical, 8 ORD NO. 14-04 cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. (iv) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (f) Menu Board Signs: Signs used by businesses to advertise prices of items in conjunction with service at a drive-thru window, such as fast-food restaurants, may be permitted as long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. (g) Murals and Signs Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. The mural shall not directly represent or constitute advertisement of the goods, products, or services provided on site. If any portion of the mural includes identification of the establishment or the goods, products, or services provided on site, only that portion of the mural which specifies such information shall have its area included in the calculation of the sign area. (h) Non-Residential Real Estate Signs: 1. A permit may be granted to allow for the placement of one non-illuminated freestanding real estate sign advertising "For Sale", "For Rent", or "For Lease" and may identify the seller or agent along each street frontage, including those located within a historic district. g ORD NO. 14-04 2. Non-residential Real Estate Signs shall not exceed thirty-two square feet (32 sq.ft.), and shall be limited to seven feet (7') in height. 3. Within a non-residential property located in a Historic District, real estate signs shall not exceed sixteen square feet (16 sq.ft.), and shall be limited to seven feet (7') in height. (i) Parking Area Signs: Parking area signs, as specified herein, provided the sign contains no more than the name of the building or development and the words, "Entrance", "Exit", "Parking for...", or "Entrance for.. ." or their equivalent, may be erected at each point of ingress and egress to a parking lot or parking area, and the signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than five feet (5') above the ground, and shall be erected within the parking area. Only one sign shall be allowed at each point of ingress and egress, provided the signs do not create a traffic or pedestrian hazard. (j) Special Event Non-Roadway Banner Signing: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: 1. the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and 3. the sign, if allowed for a limited time, will meet the following criteria: (i) the sign will not conceal or obstruct adjacent land uses or signs, (ii) the sign will not conflict with the principal permitted use of the site or adjoining sites, (iii) the sign will not interl=ere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and 10 ORD NO. 14-04 (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within fourteen (14) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. 4. Each sign limited to less than twenty square feet (20 sq.ff.) in area; 5. Allowed fourteen (14) days prior to the event and must be removed by the second day after the event. (k) Special Event Roadway Banner Signing: 1. Roadway Banner Signs: may be approved and issued by the Sign Administrator under the direction of the Director of Community Improvement, for special events for City or City co-sponsored events. Such signing shall be subject to the following standards: (i) The Roadway Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length, and placed at least fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. 11 ORD NO. 14-04 (ii) The text of a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co- sponsoring the event. (iii) Display of the Roadway Banner Sign will be limited to a maximum of fourteen (14) days prior to the event and must be removed by no later than two (2) days after the event. (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles · NE 1st Avenue and East Atlantic Avenue; and · Pineapple Grove Way and East Atlantic Avenue within the arch area. (I) Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: 1. Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanently affixed to the walls at each entrance of the subdivision; 2. Each sign area shall be no greater than thirty-six square feet (36 sq.ft.) in area; 3. Such subdivision entrance signs are permitted within all residential zoning districts; 4. Such subdivision entrance signs may be erected within rights-of-way or median strips adjacent to the subdivision if approved by the City. A 12 ORD NO. 14-04 subdivision sign may also be located within the setbacks of private property within the subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3), if such sign was in existence as of July 1, 1988. 5. Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs located within a median shall be at least five feet (2) from any paved roadway; 6. Any such signs approved for location within the right-of-way or median, if such right-of-way or median is not within the jurisdiction of the City, shall obtain written permission from the governmental entity controlling the right-of-way or median to erect the sign in a requested and approved location; 7. Any signs proposed to be located on adjacent private property shall be approved and permitted by the owners of the adjacent property. Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code; and 8. All signs proposed to be located within a right-of- way or median shall be reviewed and approved by the City Engineer or appointed designee for compliance with this section. (m) Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be placed on the building fac~ade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. (n) Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: 13 ORD NO. 14-04 1. Freestanding Sign: One sign per street frontage, non-illuminated, with a sign area of not more than thirty-two square feet (32 sq.ft.), nor more than seven feet (7) in height. 2. Sign Located on a Building: One sign per building frontage, non-illuminated with a sign area of not more than thirty-two square feet (32 sq.ft.). 3. The sign may be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupancy. (o) Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: 1. One pole mounted sign per approved Valet Queue, which may identify Valet Parking, the name of the business(es), rates, and the hours of operation. 2. Valet Parking signs shall be manufactured and installed by the City. The sign area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the business daily during business hours when the approved valet queue is not in use. 3. Traffic centrel cones may be used for queuing purposes, however they shall not contain any additional signage or markings. (F) Sign Design Standards: The following subsections descdbe basic standards which apply to signs. The application of these standards to specific types of signs and their location in specific zone districts is set forth in a matrix contained in Subsection (F)(7). 14 ORD NO. 14-04 (1) Types of Signs: (a) Free-Standing Sign: A free-standing sign is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or a monument sign. All signs erected on a pole shall contain a pole cover. All freestanding signs shall contain the street number. (b) Projecting Sign: A sign affixed to a structure and which extends at a right angle from the building. A projecting sign shall not have more than two (2) sign faces. (c) Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It may be rigid or it may swing. Such a sign may not have more than two (2) sign faces. (d) Wall Sign: A wall sign may be flush mounted or hand painted. Such a sign may be applied to a canopy/awning, mansard, or building face. 15 ORD NO. 14-04 (2) Sign Area and Height: (a) Basis for Measurement: The area in square feet or square inches allowed for each sign face. The sign face includes any background material, panel, trim, color, and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface, or object upon which, or against which, it is placed. When there is no such differentiation, the sign face shall be a rectangle just large enough to enclose all lettering, illustrations, ornamentation, symbols, or Iogos. A sign structure shall not be computed in sign area provided that no message, symbol, or any of the aforementioned are displayed on, or designed as part of, the sign structure. (b) Height: The vertical distance measured from the highest point of the sign to the grade at the base of the sign. (3) Setback Requirements: (a) Basic Setback Determinants: The setback for a free standing sign shall be ten feet (10') from the ultimate right-of-way line unless there is a special setback or special landscape area designated for the street pureuant to Section 4.3.4(H)(6). The setback is measured ffem the closest portion of the sign to the right-of-way. Projecting signs, canopy signs, and wall signs may extend into standard and special setback areas. No signs shall extend into a right-of-way. (b) Allowed Partially in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located partially within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet (7'); 2. The sign area is a maximum of forty square feet (40 sq.ft.); 3. The sign area for that portion of the sign within the setback area is not greater than twenty square feet (20 sq.ft.). (c) Allowed Totally in Standard Setback: When considered as a part of a site plan appreval, or modification to a site plan, a sign may be located totally within the ten foot (10') setback area provided that: 16 ORD NO. 14-04 1. The sign height is not greater than seven feet (7'); 2. The sign area is less than twenty square feet (20 sq.ft.); (d) Allowed in Special Setbacks: When considered as a part of a site plan approval, or modification to a site plan, pursuant to Section 4.3.4(H)(6), a sign may be located within a special setback area provided that: 1. If the sign is to be located no less than ten feet (10') nor more than twenty feet (20') from the right- of-way, the sign height shall not exceed seven feet (7'), and the sign area shall not exceed forty square feet (40 sq. ft.). 2. If the sign is to be located between twenty feet (20') to thirty feet (30') from the right-of-way, the sign height shall not exceed fourteen feet (14'), and the sign area shall not exceed ninety-six square feet (96 sq. ft.). (4) Safety and Location Requirements. (a) Location. 1. Agreement Required: Whenever a sign requires a permit and is allowed within a setback area, easement, or right-of-way, the person erecting the sign shall be required to execute an agreement, which shall be countersigned by the property owner, providing that it is the obligation of the owner of the sign and/or the property owner to relocate the sign at such time as the City determines that additional right-of-way or setback is required, or if conflicts occur with it being located in an easement. A performance bond, or acceptable substitute guarantee, may be required. 2. Obstructions: A sign shall not be located in such a manner as to obscure another sign or to be 17 ORD NO. 14-04 obscured by an existing sign, a structure, or existing vegetation unless provisions are made for the removal of the obscuring sign, structure, or vegetation. (b) Safety. 1. Safety Determination Required: Whenever consideration is given to locating a sign within a special setback or the standard ten foot (10') setback area, the granting body must determine that the location of the sign does not present a hazard to pedestrians or to vehicular traffic circulation. 2. Traffic Safety: No sign shall be located in such a manner that it will become a hazard to automotive or pedestrian traffic nor shall any sign or lighting of a sign be so placed as to obstruct the vision of the driver of any motor vehicle where vision is necessary for safety. (5) Illumination: Signs may be illuminated directly or indirectly unless specifically prohibited elsewhere in these LDRs. In residential zoning districts, all illumination shall be cut off luminair so that the light is not directed toward adjacent residentially zoned property. (6) Design Prohibitions/Restrictions: (a) Intermittent Lighting or Animation: Shall not be accommodated on any sign except for time and/or temperature unit, or a traveling message sign which is a part of a sign permitted in commercial zone districts provided that such part of the sign shall not exceed twenty-five square feet 25 sq.ft. in area. (b) Moving or Rotating Signs: A sign shall not involve motion or rotation of any part of a sign structure or display. (c) Noise Producing Signs: A sign shall not produce noise or sounds. 18 ORD NO. 14-04 (d) Obscene Signage: A sign shall not exhibit thereon any lewd, lascivious, or obscene, character, or illustration. (e) Restrictions as to Functions: The use of a sign may be restricted to functions as set forth in Subsection (F) (7) (Matrix) under the column of "type of sign". (f) Smoke or Odor Producing Signs: A sign shall not produce or emit smoke, vapor, particles, or odor. (7) Design Standards Matrix: The following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. The standards set forth therein are subject to descriptions, interpretations, exceptions, and limitations as provided for elsewhere in these LDRs. 19 ORD NO. 14-04 4.6.7(F)(7) Si;In Development Standards Matrix rRESIDENTIAL ZONE DISTRICTS SIGNING: (R-1 DISTRICTS, PRD, RL, RM, RR AND AG DISTRICTS) Type of Sign Quantity Area (max.) Location * I Height I Illumination Wall Only one sign per 20 sq. ft. At least 10' I ' I must be shielded lot or parcel from any property line I Fme'standing I I 20 sq. ft./face I I SIGNING LOCATED IN CF, ALL HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO Type of Sign Quantity Area (max.) Location * Height Illumination Wall Not more than two per lot, 30 sq. ft. on building face Allowed parcel or development Projecting 30 sq. ff./face [rom building or under Allowed canopy Frae-standing 30 sq. ft./face may be in the front 8' Allowed yard setback Under canopy 4 sq. fi/face Under canopy Allowed SIGNING FOR CHURCHES, TEMPLES, MOSQUES, SYNAGOGUES, AND OTHER PLACES OF WORSHIP, REGARDLESS OF ZONE DISTRICT Type of Sign Quantity Ama (max.) Location * Height Illumination Wall one per building 10% of buiiding face on building face Allowed not to exceed 120 sq. ft. Frae-standing One 1 1/2 sq. ft.perl0' 14" Allowed of frontage Fme-s~anding one per additional use 20 sq. fi. 8' Allowed SIGNING IN CC, AC, NC, PC, CBD, MIC, I, POD, POC AND LI ZONE DISTRICTS Type of Sign Quantity Area (max.) Location * Height Illumination one per business 15% of building face facing each dedicated Allowed (max. of 12' height, street frontage for computational puq)oses only, times the width) not to exceed 160 sq. ft. Wall one per building 9 sq. ff. on rear of building Allowed not facing street one per business 15% of building face (max. of facing 1-95 Allowed 12' height, for computation* ional pu;poses only, times the width) not to exceed 160 3imcto~y one per building 24 sq. ft. on building face Allowed ~rojecting One 30 sq. ft. from building o~' under Allowed 3' from face of wall canopy Jnder canopy one per business 4 sq. ft. under a canopy which Allowed extends store front access =rse-standing one per frontage *one at 1/2 sq. ff. of frontage 14' Allowed not to exceed 160 sq. ft. · each additional limited to 50 sq. ft. · Freestandlnu sluns must comply with setback reaulrements of Section 4.6.7~F~¢3) 20 ORD NO. 14-04 (G) Non-Commercial Message: Notwithstanding anything contained in Section 4.6.7 "Signs", to the contrary, any sign erected pursuant to the provisions of this Code may, at the option of the applicant, contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises. The non-commercial message may occupy the entire sign face or portion thereof. The sign face may be changed from commercial to non- commercial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this section, the sign is allowed by this Code, the sign conforms to the requirements of the zoning designation and the appropriate permits are obtained. For the purposes of Section 4.6.7, non-commercial messages, by their very nature, shall never be deemed off-premises. (H) Exempt Signs: The following signs are allowed to be erected in the City of Delray Beach, pursuant to the limitations set forth herein, and do not require a permit: (1) Automated Teller Machine (ATM} Panels: One panel which is physically constructed within and is an integral part of an ATM, and bears the name of the ATM system to which it belongs. (2) Directional Signs: Such signs shall not extend more than five feet (5') from the ground and shall not be greater than four square feet (4 sq.ft.) in area. (3) Flags: (a) Flags may be displayed on any residential or non- residential parcel of land in accordance with the following rules: 1. A Flag is a piece of cloth usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, municipality or service or civil organization. 2. No more than three (3) flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non-residential purposes. 21 ORD NO. 14-04 3. For pamels or developments equal to or greater than one acre in area that are zoned and used for non-residential purposes, no more than one flag per 15,000 square feet of lot area shall be allowed. (b) Two (2) flags may be flown at a time when model homes or model apartments are open for inspection. (c) Flags of service or civil organizations may be displayed at respective meeting sites dudng meeting hours. (4) Hours of Operation Signs: Signs denoting hours of operation shall be non-illuminated; have a sign face of not more than one square foot (1 sq.ft.) and be located close to the entry of the business. (5) Instructional Signs: Instructional signs are signs which convey instructions with respect to the premises on which it is located, such as '~no trespassingS', a danger sign, and similar signs (other than parking signs). Such signs shall not extend more than five feet (5') from the ground and shall not be greater than three square feet (3 sq.ft.) in area. (6) Nameplates: One (1) nameplate sign per building, not exceeding three square feet (3 sq.ft.) in area, of a noncommercial nature, and bearing the name or street address of the principal occupant. (7) Non-Residential: (a) Non-Residential Window Signs. 1. Plastic, neon, or painted signs may be placed upon windows when limited to 20% of the aggregate glass area, per tenant space or per main use. 2. Paper signs displayed two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate area, per tenant space. 22 ORD NO. 14-04 (8) Residential. (a) Residential Real Estate Signs: 1. One sign per lot, the sign being not greater than three square feet (3 sq.ft.) in area on residentially zoned property; 2. One additional sign per lot may be erected on a lot which borders a waterway and/or for corner lots provided that the additional sign is located along the waterways and/or placed so that there is only one (1) sign per street frontage. Such sign shall not exceed nine square feet (9 sq.ff.) in area; 3. All real estate signs shall be non-illuminated; 4. The text of real estate signs shall be limited to the phrase "For Sale" or "For Lease" or "For Rent" or 'Offered By and may identify the seller or agent; 5. An additional sign or'Yidet' sign, of not greater than three square feet (3 sq.ff.), may be attached to a real estate sign provided that its text is limited to the words such as "pool" or "open" or "sold" or ~ontract pending"; 6. An additional "open house" sign of not more than three square feet (3 sq.ft.) in area may be displayed only on the day of the"open house'. 7. Non-residential real estate sign is exempt if the sign is not greater than sixteen square feet (16 sq.ft.) in area. (b) Other Residential Signs. 1. One sign per lot, not to exceed three square feet (3 sq.ft.) in area on residentially zoned property. 23 ORD NO. 14-04 2. One sign per residence, not to exceed three square feet (3 sq.ft.). (c) Window signs. (9) Temporary Signs: (a) Temporary Political Signs 1. Non-illuminated temporary political signs for each candidate and/or signs for, or against, an election issue may be placed on any parcel or lot. 2. Each temporary political sign shall be removed within ten (10) days after the date of election or referendum. In the event that said signs are not removed prior to expiration of the ten (10) day period, the sign shall constitute an abandoned sign and the City shall send by certified mail, return receipt requested, to the addresses of the Owner of each property whereon the temporary political sign is located and Owner is listed on the current tax roll of the county, a notice of noncompliance stating that the City's Code Enforcement Board shall fine the property owner for each day of noncompliance if the sign is not removed with the ten (10) days after receipt of notice. 3. No temporary political sign shall exceed twelve square feet (12 sq.ft.) per sign face in area on any private lot or parcel. 4. Any temporary political sign in the public right-of- way cannot exceed three square feet (3 sq.ft). No temporary political sign shall be placed on any public property. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. 24 ORD NO. 14-04 (b) Other Temporary Signs. 1. All temporary signs non-commercial in nature not addressed in this code, or otherwise prohibited, may be placed in the public right-of-way, but not on other public property, as long as they do not create a safety hazard or as long as they do not constitute visual blight for a period not to exceed three ($) days. (10) Tenant Panels: A change of a tenant panel in a directory sign, or a sign which accommodates a tenant, is exempt from needing a permit provided that the sign was permitted and there is no change in colors or letter style. (I) Exempt Signs Requiring City Manager Approval: (1) City Civic Signs: Signs for facilities located on City property, or within public right-of-way, and which are operated by the City, its licensees, agents, or contractors, or by other public purpose organizations of general benefit to the community may be exempt by order of the City Manager if it is determined that the sign type meets the following criteria: (a) the sign provides notice to the public of a public meeting or other public event, (b) the sign is temporary and for a limited time, and (c) the sign, if allowed for a limited time, will meet the following criteria: 1. the signs will not conceal or obstruct adjacent land uses or signs, 2. the signs will not conflict with the principal permitted use of the site or adjoining sites, 3. the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and 25 ORD NO. 14-04 4. the signs will be installed and maintained in a safe manner. 5. The approval, or disapproval, of such signs shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. (d) Each sign limited to less than twenty square feet (20 sq.ft.) in area; (e) Allowed ten (10) days prior to the event and must be removed by the second day after the event. (2) Wayfinder Signs: (a) the sign provides notice to the public of a public meeting or other public event, (b) An off-premise sign designed to guide or direct pedestrians or vehicular traffic and it also may include kiosks that provide information of general benefit to the community, and (c) the sign, if allowed for a limited time, will meet the following criteria: 1. the signs will not conceal or obstruct adjacent land uses or signs, 2. the signs will not conflict with the principal permitted use of the site or adjoining sites, 3. the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and 26 ORD NO. 14-04 4. the signs will be installed and maintained in a safe manner. 5. The approval, or disapproval, of such signs shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. (J) Prohibited Signs: The following signs, or sign features, are prohibited within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited signs or use prohibited sign features. Further, any sign not provided for, or expressly permitted by these LDRs is also prohibited. (1) Banners and Wind Signs: (a) Banners: Prohibited except for special events wherein temporary Roadway Banners may be allowed as provided for in Section 4.6.7(E)(3)(k). Grand Opening banners may also be allowed as provided for in Section 4.6.7(E)(3)(c). (b) Wind Signs: Prohibited. (2) Off-Premise Signs: A sign, including building signs, that advertise an establishment, merchandise, service, or entertainment which is sold, produced, manufactured, or furnished at a place other than the property on which the sign is located, however, non-commercial messages shall never be off- premises. (3) Roof Signs: A sign erected on the roof, or above the roof line, or on the parapet. (4) Snipe Signs: Snipe signs are prohibited. 27 ORD NO. 14-04 (5) Traffic Confusion: A sign or other advertising matter erected at the intersection of any streets or in any street right-of-way in manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, a traffic signal, or traffic device; or which makes use of the words "stop", "look", "drive-in", "danger", or any other word, phrase, symbol, or character in a manner as to interfere with, mislead, or confuse vehicular traffic. (6) Vehicular Signs: Signs placed on vehicles or trailers that are parked in the street, public right-of-way or on private property for the primary purpose of displaying the sign for advertising a commercial enterprise. (7) Waterbourne Signs: No sign or advertising shall be displayed on a vessel plying the waterways, excluding, the identification of the vessel. (K) Structural Standards: In addition to provisions of the Standard Building Code and provisions of Chapter 7 of this Code, the following structural standards shall be required for all signs erected in the City. (1) Securing Signs: Wall signs shall be securely attached to the building or structure by means of metal anchors, bolts, or expansion screws. No wood blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings or structures with walls of wood. No wall sign shall be entirely supported by an unbraced parapet wall. (2) Wind Loading: Every sign shall be constructed in a manner as to withstand 140 miles per hour wind. Sign contractors or the owner shall submit plans showing location, structural members, and design calculations for wind loading and for signs thirty-two square feet (32 sq.ft.) or over, a certification sealed by a state registered engineer or architect stating that the design will meet the requirements of this code shall be submitted. All sign contractors shall sign a certificate stating wind loading will meet requirements of this chapter where signs under thirty-two square feet (32 sq.ft.) are submitted. (L) Removal of Signs: (1) Removal and Disposition of Non-Complying Signs: (a) It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements of Section 4.6.7. The 28 ORD NO. 14-04 City is authorized to remove unlawful signs and sign structures pursuant to the provisions of Section 4.6.7. (b) Unauthorized signs are subject to removal pursuant to the following provisions: 1. Temporary Signs. (i) The City finds that, in view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs. The City Manager is hereby authorized to remove such signs when unlawfully erected and maintained, subject to the provisions contained below. (ii) After removal of a sign pursuant to this section, a notice will be sent, either in person or by first-class postage, prepaid, to the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within thirty (30) days of the date of the notice, and that, if the sign is not retrieved within thirty (30) days, it will be disposed of by the City. (iii) The City shall dispose of all unclaimed signs after the expiration of the thirty (30) day period. 2. Permanent Signs. 29 ORD NO. 14-04 (i) Signs and sign structures not subject to removal pursuant to (i) above which are or have been erected or maintained unlawfully, may be referred to the code enfomement board for appropriate action or the City may proceed to pursue all remedies available at law or equity to it to remove signs or sign structures which are or have been unlawfully erected or maintained. (2) Unsafe Signs: Notwithstanding the above provisions, any sign which is declared to be a dangerous sign shall be removed or made to conform with the current building code immediately, upon notice, by the Chief Building Official. (M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of Delray Beach shall apply. (N) Procedure to Appeal Permit Denial. 1. Permit application may be denied for the following reasons: (a) The application for permit is not fully completed and executed; (b) The applicant has not tendered the required application fee with the application; (c) The application for permit contains a material falsehood or misrepresentation; (d) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City. 2. If permit application was denied, it may be appealed to the City Manager and, if upheld, to the Circuit Court of Palm Beach County. Section 3. That Appendix"A' be amended as follows: 30 ORD NO. 14-O4 ........... ~ ......... :n ~ prc;""* '"~' .... ,-,,,, ,~,,,,, ~,..;la;.,, er ucc .................................. ~ ...................... one ........ :s · · · · ~'",..~ scmc c'"nsr., or *,~. .... ._..,.* Thc s n ~."~'"".~.. bo _~_'~ .... ] .,,. ,..~ purpose of ........ ]...u ANIMATED SIGN: A si,qn which uses movement or chan,qe of li,qhtinR to depict action or to create a special effect or scene. AWNING SIGN: A tenant identification s ,qn designed as part of the awninR. BANNER: A temporary sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner" shall not include any animated or fluttering devices designed to attract attention CANOPY SIGN: A sign,."t"""'~ ..... u~.cn *h... ........ ~'""*..v... ''~. ,.. ........ v-..~,-]- ,,r. ...... ,-~ ~',~..°~"" ~ i..,~.-~.._~. :...' c g!~,n "~"""'~ "" +~'" ""'+~"" of t~'c ~'' ,;ia; ..... ~-;~-; .... ""- *~'" c-"-nc;'.y, pedestrian oriented siRn which is suspended from, attached to, supported from, or forms a part of a canopy. CHANGEABLE COPY SIGN: A sign cf ........ prcmlce= upon '::h!ch: ciGn !s mclnt=!ncd, on which a messaRe copy is chanRed throu.qh moveable letters, numbers, etc. CONSTRUCTION/DEVELOPMENT SIGN: A temporary siqn identifyin.q an architect, contractor, subcontractor, or developer on the property which is to be developed. 31 ORD NO. 14-04 DIRECTIONAL SIGN: ~ _incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) e; ....... +,.,4 .... ;**..,~ ~.,, ,~.,~ ,-;, ....... *,, DIRECTORY SIGN: Any °~ ..... h;,-h ,-~ .... *h .............. of ........ UCC .............. """* Cf *ho '~;"~"*"'"' ' 3 ,. ............. , c',gn. A siqn listin,q the tenant, s names, locations, bu dings or qroup of buildinqs. DOU~_L=.F. FACED -~GN' A c'.g.". '"~*~' *'"" ~ ....... ~';"~' cr~ ....... ELECTRIC^L -_,IGN 5. ' cr ' . ........ · ........ FlY. ED PROJECTION - ' = ....................... FLAT WALL SIGN: A sign erected parallel to and ~-'*-"-'~i."." ....... ;-'-~-'-" from *~'" ~"""'~" c* .... ~,..a,,=,,,, the bu ding to which it is attached, and supported entirely by the fagade· FREESTANDING SIGN: A '~"*""~'"'~ ' '""~' "~'"" ~""~'"~ ...... = ......... '~'~ ......... C:'~.". .........................,, -'~ ..... ~'~ ...... ~**..,.h...~ tch,,;I.~,.,-, shcI~ ;""~'""" ""~" ~i ..... ,~ ...... '~ °~""° A sign that is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or monument sign. GASOLINE PRICING SIGN: A siqn incorporated into a qasoline station identity sian, for display of the price chanqes. HEIGHT (OF A SIGN): The vertical distance measured from the highest point of the sign, to the qrade at the base of the sign. 32 ORD NO. 14-04 IDENTIFICATION SIGN: A sign, ,,*h,~r Clg."., indicating the name of the primary use._ Thc .".-"mc cr _wv.v....'~,4,4 .... Cf ,.. ~ ..--,.--.,.~,h' ,;I.-I;~`,-, Cr ILLUMINATED SIGN: A sign i.". '::hlch c with an internal or external artificial liqht MARQUEE SIGN: A si,qn attached to or supported by a marquee structure, which is a permanent roof-like structure or canopy extendin,q from the facade of the building. MENU BOARD SIGN: A chan,qeable copy sign for displayin,q a menu selection and pricin,q of the items for sale. MONUMENT SIGN: A freestanding Iow profile si,qn with the siqn area at the top of a solid base. NAMEPLATE SIGN: A non-electric, on-premise identification si.qn .qivinq only the name1 address and/or occupation of the occupants. NONCONFORMING SIGN, "" ^ee ; ........ *",4 ...... "'"' ~O ~nn~ ,,,~.;,.~. by no ............... ~, !. A si.qn which was erected le.qally but no Ion.qer complies with the current siqn code re.qulations. OFF-PREMISE SIGN: A s n ........... ..... ,....,, ,.``,4 ... ~, ,m;~h``,4 ~* ~ .., .... *~.``. *h~.. advertisincl a business which is not located on the property cn ';:h!ch where the sign is located. 33 ORD NO. 14-04 i~. I,-,~,,~,-,~1 i,~,-,I,,~l;,~,-, ~-i,-,,~- v~.,, ~:.~ ,,,l~,,i~,~ PAINTED WALL SIGN: A sign ~i~,~ ......... ,~;~ ..... "ar ~; cr ~ ~ cf .... ~,,a~i~ applied with paint or similar substance on the face of a wall. POLE SIGN: A freestandinq si~n that has the siqn area at the top of a pole. POLITICAL SIGN: A tempora~ siRn erected by a political candidate, or a proponent or opponent to a referendum, or Rroup or aRent thereof for political purposes directed toward the ultimate exercise of votinq by the ~eneral public in connection with local, state or national elections. PORTABLE SIGN: Any siqn designed to be easily moved, such as a sidewalk or sandwich boards si~n, and is not permanently affixed to the Rround or to a buildinR. PROJECTING SIGN: A siRn which is aRached at a riRht anRle to the outside wall of the buildinR REAL ESTATE SIGN: Any ~gn .... ,~ h .... adve~ising the real estate where the sign is placed, statinq as being for sale, rent or lease. ROADWAY BANNER: A temporaw si~n that is constructed with a standard vinyl awninq material that drapes above the roadway, aEached to City installed poles on both sides of the road. ROOF SIGN: A sign~.~.~*~ c~ thc.~.,-~ cr ~ mar ~gn. which proiec~s above She roof line or is located on ~he roof of the buildin~ s~cSure. ~IGN: A~ device, s~mc~ure or fi~ure usin~ qraphi~, symbols or wfi~en ~py designed ~o adve~ise or idenfiN an esSablishmen~, producL ~oods or se~ices, or 34 ORD NO. 14-04 SIGN AREA: ~^:h...~....v. v = $:g.". '.: ';'~;'~"~';~v.=..~ ~C ........... = .............. ] ............ · [he sign area shall be the area of a rectangle enclosing all leffering, illustrations, ornamentation and lo,os cr cc~cr which forme an integral pa~ of the display, or differentiates the display area from the background on which it is placed. O ......... · h~ C=~ ~+"'~ ....... ill .~ i~l,,~ i~ *~ 3~C3 ......... , ............. ~,, e~M CO NTp~.CTO~ el~kl FACE T~ cf*h~ · SIGH- STRUCTURE: A ...... ~;~ ~+"'~' ....... ~ cr i.*~.~ ~. ~h ........ cf hc~¥~¥C~ ~hi~ d~i.i~i~ ~h~ll .~ i~l.,A~ ~ h,,ildi~ ~ ~ .... ~. Oi~ ~r,,~ SNIPE SIGN: The tackinq, pastin~ or othe~ise affix n~ of signs of a mJs~llaneous character to the walls of bud n~s, on poles, tFees, fences or other structures. SUBDIVISION ENT~NCE SIGN: An entrance siqn identJ~Jn~ the name of the subdivision or residential development. 35 ORb NO. 14~4 TE.a.a. POP~.P-Y POLiTiC^~..- -.-.,.e'~k" 5. ::g.,. ~.~,~-*"'~ -,~k" c ~, ................. , or ~ prc,. ....... cr..,.~.v,,v,,. ..............cr grcupv, ...... -u~,,.* *~'-..--.-~.~ ~.--, .... ~.......v_. TEMPORARY SIGN: Any sign erected for a limited time period. UNDER-CANOPY SIGN: A siqn attached or suspended under the canopy or roof of a walkway. UNLAWFUL SIGN: A sign which does not meet the requirements of this code and which has not received legal nonconform nq status. WALL SIGN: A sign painted or attached parallel to the outside of a buildin.q. WAYFINDER SIGN: An off-premise sign desiqned to quide or direct pedestrians or vehicular traffic and it also may include kiosks that provide information of qeneral benefit to the community. WIND SIGN: A sign conssting of one or more banners, pennants, dbbons, spinners, streamers, balloons, or other obiects or matedal fastened in such a manner as to move upon being subiected to pressure by wind. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not effect the validity of any remaining portions of the ordinance. Section 5. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon August 1,2004. 36 ORD NO. 14-04 ~,.,~ PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of '~-u.t,a~ ,2004. ATTEST: Acting City Clerk First Reading: Second Reading: 37 ORD NO. 14-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # lO ~_ - REGULAR MF-~..TING OF JUNE 22, 2004 ORDINANCE NO. 14'04 DATE: JUNE 18, 2004 This is second reading and second public heating for Ordinance No. 14-04 mending the Land Development Regulations by repealing Sections 2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program", and Section 4.6.7 "Signs" and enacting a new single Section 4.6.7 "Signs", and mending Appendix "A", to update the definitions, to provide a single cohesive ordinance regulating signs and sign permits. At the first reading on June 8, 2004 the Commission passed Ordinance No. 14-04. Recommend approval of Ordinance No. 14-04 on second and final reading. [lTV OF DELRI:I¥ BEI:IEH CITY ATTORNEY'S OFFICE 2°0 Nw ,s, ^VENUE- DELR^Y.E^C.. FLOR,D^,,444 TELEPHONE 561/243-7090 · FACSIMILE 561/278 4755 p[,L~. B~EA~H~ Writer's Direct Line: 561/243-7090 AJl. Amefica C~ty MEMORANDUM TO: City Commission David Harden, City Manager //~F FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Si.qn Code Ordinance No. 14-04 Attached is an ordinance proposing to repeal Sections 2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program" and Section 4.6.7, "Signs" and enacting a new single Section 4.6.7, "Signs", in order to provide a single cohesive ordinance regulating signs and sign permits. The attached ordinance also includes amendments to Appendix "A" in order to update the definitions related to signs and sign structures. Most of Section 4.6.7 has been re-organized rather than replaced in order to make the "sign code" more user friendly. Aside from the obvious consolidation o[ the ordinance pertaining to signs, provisions have been updated in order to ensure compliance with new legislation regarding First Amendment issues involving both commercial and non-commercial speech. Also, some new categories of signs have been added including, special event signs, valet parking signs, and temporary signs in order to clarify and codify regulations that were already being applied within the City. New definitions have been added to Appendix "A" of the Land Development Regulations regarding animated signs, awning signs, construction/development signs, gasoline pricing signs, height of signs, marquee signs, menu board signs, monument signs, nameplate signs, pole signs, political signs, portable signs, projecting signs, roadway banner signs, snipe signs, subdivision entrance signs, temporary signs, under-canopy signs, unlawful signs, wall signs, wayfinder signs and wind signs. These new definitions were added in order to better define the terminology used in the sign code. Some old definitions were also changed in order to clarify the intended meanings of various provisions within the sign code itself. WAYFINDER SIGN: An off-premise si.qn desi.qned to ,quide or direct pedestrians or vehicular traffic and it also may include kiosks that provide information of qeneral benefit t<~ the community. WIND SIGN: A si.qn consistinq of one or more banners, pennants, ribbons, spinners, streamers, balloons, or other obiects or material fastened in such a manner as to move upon bein.q subiected to pressure by wind. Section 4. That should any section or prevision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not effect the validity of any remaining portions of the ordinance. Section 5. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2004. MAYOR ATTEST: City Clerk First Reading: Second Reading: 33 ORD NO. 14-04 May 20, 2004 Page 2 Finally, also attached is a proposed policy containing language allowing temporary portable signs in the public right-of-way during periods of major construction/redevelopment. Please place the ordinance and the corresponding policy on 'the June 8, 2004 City Commission agenda for first public hearing. Thank you. TCP:smk Attachments cc: Barbara Garito, City Clerk Lula Butler, Director of Community Improvement Janet Meeks, Education Coordinator ORDINANCE NO. 14-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELI{AY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME NEW DEFINITIONS RELATING TO SIGNS; AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations for the posting of signs on public and private property in order to prevent safety hazards and protect property values; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to provide consistent sign regulations governing places of worship to avoid making existing signs nonconforming and based on allowed secular criteria as permitted by the Religious Freedom Restoration Act; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to have a single, combined and updated sign ordinance in order to ensure fair and consistent enforcement of sign regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Sections 2.4.6(D) and (E) be repealed in their entirety. Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows: Section 4.6.7 Si;Ins (A) Purpose: The purposes of these sign regulations are: to encourage the effective use of signs as a means of communications in the City; to maintain and enhance the aesthetic environment and the City's ability to attract soumes of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs; to streamline the approval process by requiring master signage plans; and to enable the fair and consistent enfomement of these sign regulations. (1) Communication: Signs should not deny other persons or groups the use of sight lines on public rights-of-way, should not obscure important public messages, and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and understand the jurisdiction and the character of its sub-areas. (2) Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. (B) Applicability: It shall be unlawful for any persons to post, display, change, or erect a nonexempt sign or a sign structure, that requires a permit, without first having obtained a permit therefor. Signs or sign structures erected without a valid permit shall be deemed in violation and it shall be mandatory to obtain a permit, based on this Section, or else remove the sign or sign structure. Signs erected, under a valid permit, prior to the effective date of this ordinance, which have since become nonconforming shall be allowed to remain in accordance with the time limitation and structure requirements set forth in these LDR's. All signs not expressly allowed by these LDR's are prohibited. (C) Procedures. (1) Issuance of Permits, Validity and Renewal: Permit applications shall be reviewed by the Chief Building Official or his/her designee within thirty (30) days of submission of the permit application. Upon satisfactory compliance with the minimum 2 ORD NO. 14-04 submission requirements of the LDRs and a determination that the proposed sign meets all applicable standards set forth in the LDRs, the Chief Building Official, or his/her designee, shall cause a sign permit to be issued to the applicant. The permit shall be valid for a period of 180 days during which period the sign may be erected; however, the Chief Building Official, or his/her designee, for good cause shown and upon payment of 50% of the original application fee, may renew the permit for an additional 90 day increment provided that there have not been enacted, in the 180 day period, standards of which the permit would be in violation. (2) Permits for Individual Signs: Permits for signs shall be on a form as promulgated by the Chief Building Official. (a) Minimum Submission Requirements: The application form and associated submission materials shall include the following: 1. The type of sign and/or sign structure as set forth in the LDRs. 2. The street address of the property upon which the sign and/or sign structure is to be located along with identification of where on said property the sign will be located. If there is no street address another suitable method of identifying the location shall be provided. 3. The area per sign face and the aggregate area of the sign and/or sign structure. 4. The name and address of the owner or other person in control or possession of the real property upon which the sign or sign structure is to be located. 5. Written consent of the owner, or his designated agent, granting permission for the construction, operation, maintenance, or displaying of the sign and/or sign structure. 6. Two copies of a blueprint, sketch, blue line print, or similar presentation, drawn to scale and dimensioned, showing elevations of the sign as proposed and its relationship to other existing or proposed signs or sign structures in the area. In the case of a free-standing sign, the representation shall include a sketch site plan showing the location of the sign. 3 ORD NO. 14-04 7. Appropriate exhibits showing the proposed location of the sign with respect to nearby structures and vegetation. 8. The seal of a state registered engineer or architect shall be affixed to drawings of signs and/or sign structures where the sign face is in excess of thirty-two square feet (32 sq.ft.) certifying that it is designed in accordance with wind load requirements of the Florida Building Code. A sign contractor shall provide a signed certificate stating that wind loading to withstand a pressure of fifty (50) pounds per square foot when an application for signs less than or equal to 32 square feet in area is submitted. (D) Aesthetic Qualifications: (1) Applicability: The following subsection describes basic aesthetic qualifications which apply to signs. (2) Basis: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent surroundings. In addition to the limitations on signs imposed in Subsections (G) and (K), the following aesthetic considerations must be met. (a) Garishness: The overall effect of the lettering, configuration or color of a sign shall not be garish. "Garish" signs are those that are too bright or gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and are not compatible with the building or adjacent surroundings. (b) Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F)(2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. 4 ORD NO. 14-04 (E) Signs Requiring Permits: (1) General: All signs, other than those exempted by Subsection (H) or prohibited by Subsection (I), must obtain a sign permit. Applications for sign permits shall be submitted and processed pursuant to these LDRs. Sign permits shall be issued by the Sign Administrator under the direction of the Chief Building Official for the following: (a) Master and Blanket Sign Program Signs: Individual signs being permitted under the provisions of an approved Master Sign Program or Blanket Program. (b) Signs Meeting Standards: Individual signs which conform in all respects to the provisions of Subsection (F) and (K) of this Section. (c) Special Purpose Signs: Which comply with the requirements of Subsection (E) (3). (2) Master Sign and Blanket Sign Programs: (a) Blanket Sign Program: A Blanket Sign Program may be required for a commercial property establishing the font, color, size and locations of signs on a multiple tenant building. A Blanket Sign Program shall be approved by the Site Plan Review and Appearance Board or the Historic Preservation Board if the project is in a historic district or historically designated site. After approval of a Blanket Sign Program, individual signs consistent therewith shall be administratively approved. (b) Master Sign Program: A Master Sign Program is to be used when the development of a project is of such a scale or character that the normal application of the design and/or aesthetic standards of Subsections (D) and (F), respectively, will not result in an effective sign program and signing more permissive than said standards is necessary. Approval of a Master Sign Program may include the automatic granting of waivers and/or adjustments to the provisions of Subsections (D) and (F) provided that the intent of the sign code is maintained and the character of the community and neighborhood is not diminished. A Master Sign Program shall be approved by the Site Plan Review and Appearance Board or if the project is in a historic district or historically designated site, by the Historic Preservation Board. After approval of a Master Sign Program, individual signs consistent therewith shall be administratively approved. (c) Nothing contained herein shall prevent diversity and creativity of individual signs in the Master Sign Program. 5 ORD NO. 14-04 (3) Special Purpose Signs and Signing: Permits for the following signs may be issued administratively provided that the provisions contained herein ara complied with. (a) Directional Signs for Churches, Civic, or Recreational Facilities: General directional signs for civic, church, or recreational facilities up to a maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval of the City Engineer and/or his/her designee. The number of directional signs permitted for each qualifying applicant shall depend upon the location and need of the traveling public. The dimensions of the directional signs shall be no greater than eight (8) inches by thirty (30) inches per sign. The signs must be designed and installed in accordance with these LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or his/her designee. (b) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to the following restrictions: 1. Not more than twelve square feet (12 sq.ft.) per sign face. 2. If free standing, it shall not exceed five feet (5') in sign height. 3. If a part of a permanent frae standing sign, the price sign shall be included in the area of the permanent sign. 4. One sign is permitted per frontage with a maximum of two signs per site. 5. Signs placed on pumps shall not exceed three square feet (3 sq.ft.) per sign face nor a total of six square feet (6 sq.ft.) per sign. (c) Grand Opening Banner: One banner may be placed on the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. 2. The banner shall not exceed an area of fifty square feet (50 sq.ft.), 6 ORD NO. 14-04 3. The banner may not be more than fifteen feet (15)' above the grade, and must be placed on the building of the business, in the front of the business. 4. Banners shall be made of color fast material. (d) Grand Opening Portable Signs: Portable signs shall only be allowed within the Central Business District (CBD). In addition to a Grand Opening Banner, one Portable Sign may be placed directly in front of the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. 2. The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. 3. A permit sticker must be obtained and cleady displayed on the Portable Sign frame. 4. A portable sign placed on the sidewalk must be located in such a manner that it does not impede the five foot (5') pathway parallel to the street for through pedestrian traffic. 5. If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless agreement in a form acceptable to the City Attorney shall be provided. (e) Historic Signing: Signs which are building mounted or free- standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gained from the Historic Preservation Board. 1. Maintenance of Nonconforming Nostalgic Signs: (i) Signs that have an historic or nostalgic appeal, and constitute artistic expression, and not solely advertising may be exempted from the removal requirements if a recommendation by the Historic 7 ORD NO. 14-04 Preservation Board is approved by the City Commission. (ii) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." (iii) In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. (iv) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (f) Menu Board Signs: Signs used by businesses to advertise prices of items in conjunction with service at a drive-thru window, such as fast-food restaurants, may be permitted as long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. (g) Murals and Signs Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. The mural shall not directly represent or constitute advertisement of the goods, products, or services provided on site. if any portion of the mural includes identification of the establishment or the goods, products, or services provided on site, only that portion of the mural which specifies such information shall have its area included in the calculation of the sign area. 8 ORD NO. 14-04 (h) Non-Residential Real Estate Signs: 1. A permit may be granted to allow for the placement of one non-illuminated freestanding real estate sign advertising "For Sale", "For Rent", or "For Lease" and may identify the seller or agent along each street frontage, including those located within a historic district. 2. Non-residential Real Estate Signs shall not exceed thirty-two square feet (32 sq.ft.), and shall be limited to seven feet (7') in height. 3. Within a non-residential property located in a Historic District, real estate signs shall not exceed sixteen square feet (16 sq.ft.), and shall be limited to seven feet (7') in height. (i) Parking Area Signs: Parking area signs, as specified herein, provided the sign contains no more than the name of the building or development and the words, "Entrance", "Exit", "Parking for...", or "Entrance for..." or their equivalent, may be erected at each point of ingress and egress to a parking lot or parking area, and the signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than five feet (5') above the ground, and shall be erected within the parking area. Only one sign shall be allowed at each point of ingress and egress, provided the signs do not create a traffic or pedestrian hazard. (j) Special Event Non-Roadway Banner Signing: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: 1. the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and 3. the sign, if allowed for a limited time, will meet the following criteria: (i) the sign will not conceal or obstruct adjacent land uses or signs, 9 ORD NO. 14-04 (ii) the sign will not conflict with the principal permitted use of the site or adjoining sites, (iii) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within fourteen (14) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. 4. Each sign limited to less than twenty square feet (20 sq.ft.) in area; 5. Allowed fourteen (14) days prior to the event and must be removed by the second day after the event. (k) Special Event Roadway Banner Signing: 1. Roadway Banner Signs: may be approved and issued by the Sign Administrator under the direction of the Director of Community Improvement, for special events for City or City co-sponsored events. Such signing shall be subject to the following standards: (i) The Roadway Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length, and placed at least fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. 10 ORD NO. 14-04 (ii) The text of a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co-sponsoring the event. (iii) Display of the Roadway Banner Sign will be limited to a maximum of fourteen (14) days prior to the event and must be removed by no later than two (2) days after the event. (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles · NE 1st Avenue and East Atlantic Avenue; and · Pineapple Grove Way and East Atlantic Avenue within the arch area. (I) Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: 1. Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanently affixed to the walls at each entrance of the subdivision; 2. Each sign area shall be no greater than thirty-six square feet (36 sq.ft.) in area; 3. Such subdivision entrance signs are permitted within all residential zoning districts; 4. Such subdivision entrance signs may be erected within rights-of-way or median strips adjacent to the subdivision if approved by the City. A subdivision sign may also be located within the setbacks of private property within the subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3), if such sign was in existence as of July 1, 1988. 11 ORD NO. 14-04 5. Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs located within a median shall be at least five feet (5') from any paved roadway; 6. Any such signs approved for location within the right-of- way or median, if such right-of-way or median is not within the jurisdiction of the City, shall obtain wdtten permission from the governmental entity controlling the right-of-way or median to erect the sign in a requested and approved location; 7. Any signs proposed to be located on adjacent pdvate property shall be approved and permitted by the owners of the adjacent property. Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code; and 8. All signs proposed to be located within a right-of-way or median shall be reviewed and approved by the City Engineer or appointed designee for compliance with this section. (m) Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be placed on the building fa~:ade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. (n) Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: 1. Freestanding Sign: One sign per street frontage, non- illuminated, with a sign area of not more than thirty-two square feet (32 sq.ft.), nor more than seven feet (7') in height. 2. Sign Located on a Building: One sign per building frontage, non-illuminated with a sign area of not more than thirty-two square feet (32 sq.ft.). 12 ORD NO. 14-04 3. The sign may be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupancy. (o) Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: 1. One pole mounted sign per approved Valet Queue, which may identify Valet Parking, the name of the business(es), rates, and the hours of operation. 2. Valet Parking signs shall be manufactured and installed by the City. The sign area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the business daily during business hours when the approved valet queue is not in use. 3. Traffic control cones may be used for queuing purposes, however they shall not contain any additional signage or markings. (F) Sign Design Standards: The following subsections describe basic standards which apply to signs. The application of these standards to specific types of signs and their location in specific zone districts is set forth in a matrix contained in Subsection (F)(7). (1) Types of Signs: (a) Free-Standing Sign: A free-standing sign is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or a monument sign. All signs erected on a pole shall contain a pole cover. All freestanding signs shall contain the street number. 13 OIRD NO. 14-04 (b) Projecting Sign: A sign affixed to a structure and which extends at a right angle from the building. A projecting sign shall not have moro than two (2) sign faces. (c) Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It may be rigid or it may swing. Such a sign may not have more than two (2) sign faces. 4?. (d) Wall Sign: A wall sign may be flush mounted or hand painted. Such a sign may be applied to a canopy/awning, mansard, or building face. (2) Sign ~rea and Height: (a) Basis for Measurement: The area in square feet or square inches allowed for each sign face. The sign face includes any background material, panel, trim, color, and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface, or object upon which, or against which, it is placed. When there is no such differentiation, the sign face shall be a rectangle just large enough to enclose all lettering, illustrations, ornamentation, symbols, or Iogos. A sign structure shall not be computed in sign area provided that no message, symbol, or any of the aforementioned are displayed on, or designed as part of, the sign structure. (b) Height: The vertical distance measured from the highest point of the sign to the grade at the base of the sign. 14 ORD NO. 14-04 (3) Setback Requirements: (a) Basic Setback Determinants: The setback for a free standing sign shall be ten feet (10') from the ultimate right-of-way line unless there is a special setback or special landscape area designated for the street pursuant to Section 4.3.4(H)(6). The setback is measured from the closest portion of the sign to the right-of- way. Projecting signs, canopy signs, and wall signs may extend into standard and special setback areas. No signs shall extend into a right-of-way. (b) Allowed Partially in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located partially within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet (7'); 2. The sign area is a maximum of forty square feet (40 sq.ft.); 3. The sign area for that portion of the sign within the setback area is not greater than twenty square feet (20 sq.ft.). (c) Allowed Totally in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located totally within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet (7'); 2. The sign area is less than twenty square feet (20 sq.ft.); (d) Allowed in Special Setbacks: When considered as a part of a site plan approval, or modification to a site plan, pursuant to Section 4.3.4(H)(6), a sign may be located within a special setback area provided that: 1. If the sign is to be located no less than ten feet (10') nor more than twenty feet (20') from the right-of-way, the sign height shall not exceed seven feet (7'), and the sign area shall not exceed forty square feet (40 sq. ft.). 2. If the sign is to be located between twenty feet (20') to thirty feet (30') from the right-of-way, the sign height 15 ORD NO. 14-04 shall not exceed fourteen feet (14'), and the sign area shall not exceed ninety-six square feet (96 sq. ft.). (4) Safety and Location Requirements. (a) Location. 1. Agreement Required: Whenever a sign requires a permit and is allowed within a setback area, easement, or right-of-way, the person erecting the sign shall be required to execute an agreement, which shall be countersigned by the property owner, providing that it is the obligation of the owner of the sign and/or the property owner to relocate the sign at such time as the City determines that additional right-of-way or setback is required, or if conflicts occur with it being located in an easement. A performance bond, or acceptable substitute guarantee, may be required. 2. Obstructions: A sign shall not be located in such a manner as to obscure another sign or to be obscured by an existing sign, a structure, or existing vegetation unless provisions are made for the removal of the obscuring sign, structure, or vegetation. (b) Safety. 1. Safety Determination Required: Whenever consideration is given to locating a sign within a special setback or the standard ten foot (10') setback area, the granting body must determine that the location of the sign does not present a hazard to pedestrians or to vehicular traffic circulation. 2. Traffic Safety: No sign shall be located in such a manner that it will become a hazard to automotive or pedestrian traffic nor shall any sign or lighting of a sign be so placed as to obstruct the vision of the driver of any motor vehicle where vision is necessary for safety. (5) Illumination: Signs may be illuminated directly or indirectly unless specifically prohibited elsewhere in these LDRs. In residential zoning districts, all 16 ORD NO. 14-04 illumination shall be cut off luminair so that the light is not directed toward adjacent residentially zoned property. (6) Design Prohibitions/Restrictions: (a) Intermittent Lighting or Animation: Shall not be accommodated on any sign except for time and/or temperature unit, or a traveling message sign which is a part of a sign permitted in commercial zone districts provided that such part of the sign shall not exceed twenty-five square feet 25 sq.ft, in area. (b) Moving or Rotating Signs: A sign shall not involve motion or rotation of any part of a sign structure or display. (c) Noise Producing Signs: A sign shall not produce noise or sounds. (d) Obscene Signage: A sign shall not exhibit thereon any lewd, lascivious, or obscene, character, or illustration. (e) Restrictions as to Functions: The use of a sign may be restricted to functions as set forth in Subsection (F) (7) (Matrix) under the column of "type of sign". (f) Smoke or Odor Producing Signs: A sign shall not produce or emit smoke, vapor, particles, or odor. (7) Design Standards Matrix: The following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. The standards set forth therein are subject to descriptions, interpretations, exceptions, and limitations as provided for elsewhere in these LDRs. 17 ORD NO. 14-04 4.6.7(F}(7} Si.qn Development Standards Matrix IRESIDENTIAL ZONE DISTRICTS SIGNING: (R-1 DISTRICTS, PRD, RL, RM, RR AND AG DISTRICTS) I Type of Sign Quantity Area (max.) Location* I Height I tilumination At least 1 O' ' I ~ OnlYlotOneor parcelSign per 20 sq. ft. from any property ne I I must be shielded IFree-standinEI 20 scI. ft./face ISIGNING LOCATED IN CF, ALL HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO Type of Sign Quantity Area (max.) Location * Height Illumination Wall Not more than t~3 per lot, 30 sq. ft. on building face Allowed parcel or development Projecting 30 sq. ft./face frcrn building or under Allowed canopy Free-standing 30 sq. ftJface may be in the front 8' Allowed yard setbac~ LJnder canopy 4 sq. fi/faca Under canopy Allowed SIGNING FOR CHURCHES, TEMPLES, MOSQUES, SYNAGOGUES, AND OTHER PLACES OF WORSHIP, REGARDLESS OF ZONE DISTRICT Type of Sign Quantity Area (max.) Location * Height Illumination /Vail one per building 10% of building face on building face Allowed not to exceed 120 sq. ft. =me-standing One 1 1/2 sq. fi.per10' 14' Allowed of frontage Free-standing one per additional use 20 sq. ff. 8' Allowed ISIGNING IN GC, AC, NC, PC, CBD, MIC, I, POD, POC AND LI ZONE DISTRICTS Type of Sign Quantity Area (max.) Location * Height Illumination one per business 15% of building face racing each dedicated Allowed (max. of 12' height, street frontage for computational purposes only, times the width) not to exceed 160 sq. fl. Wall one per building 9 sq. ft. on rear of building Allowed not facing street one per business 15% of building face (max. of facing 1-95 Allowed 12' height, for computation- onal purposes only, times the width) not to exceed 160 Direofo~y one per building 24 sq. ft. on building face Allowed Projecting One 30 sq. ft. from building or under Allowed 3' from face of wall canopy Under canopy one per business 4 sq. ft. under a canopy which Allowed extends store front access Free-standing one per frontage *one at 1/2 sq. ff. of frontage 14' Allowed not to exceed 160 sq. ff. · each additional limited to 50 sq. ft. · Freestandlm3 sl'`ns must cornnlv with setback reauirements of Section 4.6.7{F){3) 18 ORD NO. 14-04 (G) Non-Commercial Message: Notwithstanding anything contained in Section 4.6.7 "Signs", to the contrary, any sign erected pursuant to the provisions of this Code may, at the option of the applicant, contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises. The non-commercial message may occupy the entire sign face or portion thereof. The sign face may be changed from commercial to non-commercial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this section, the sign is allowed by this Code, the sign conforms to the requirements of the zoning designation and the appropriate permits are obtained. For the purposes of Section 4.6.7, non-commercial messages, by their very nature, shall never be deemed off-premises. (H) Exempt Signs: The following signs are allowed to be erected in the City of Delray Beach, pursuant to the limitations set forth herein, and do not require a permit: (1) Automated Teller Machine (ATM) Panels: One panel which is physically constructed within and is an integral part of an ATM, and bears the name of the ATM system to which it belongs. (2) Directional Signs: Such signs shall not extend more than five feet (5') from the ground and shall not be greater than four square feet (4 sq.ft.) in area. (3) Flags: (a) Flags may be displayed on any residential or non-residential parcel of land in accordance with the following rules: 1. A Flag is a piece of cloth usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, municipality or service or civil organization. 2. No more than three (3) flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non-residential purposes. 3. For parcels or developments equal to or greater than one acre in area that are zoned and used for non- residential purposes, no more than one flag per 15,000 square feet of lot area shall be allowed. 19 ORD NO. 14-04 (b) Two (2) flags may be flown at a time when model homes or model apartments are open for inspection. (c) Flags of service or civil organizations may be displayed at respective meeting sites during meeting hours. (4) Hours of Operation Signs: Signs denoting hours of operation shall be non-illuminated; have a sign face of not more than one square foot (1 sq.ft.) and be located close to the entry of the business. (5) Instructional Signs: Instructional signs are signs which convey instructions with respect to the premises on which it is located, such as "no trespassing", a danger sign, and similar signs (other than parking signs). Such signs shall not extend more than five feet (5') from the ground and shall not be greater than three square feet (3 sq.ft.) in area. (6) Nameplates: One (1) nameplate sign per building, not exceeding three square feet (3 sq.ft.) in area, of a noncommercial nature, and bearing the name or street address of the principal occupant. (7) Non-Residential: (a) Non-Residential Window Signs. 1. Plastic, neon, or painted signs may be placed upon windows when limited to 20% of the aggregate glass area, per tenant space or per main use. 2. Paper signs displayed two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate area, per tenant space. (8) Residential. (a) Residential Real Estate Signs: 1. One sign per lot, the sign being not greater than three square feet (3 sq.ft.) in area on residentially zoned property; 2. One additional sign per lot may be erected on a lot which borders a waterway and/or for corner lots provided that 20 ORD NO. 14-04 the additional sign is located along the waterways and/or placed so that there is only one (1) sign per street frontage. Such sign shall not exceed nine square feet (9 sq.ft.) in area; 3. All real estate signs shall be non-illuminated; 4. The text of real estate signs shall be limited to the phrase "For Sale" or "For Lease" or "For Rent" or "Offered By" and may identify the seller or agent; 5. An additional sign or "rider" sign, of not greater than three square feet (3 sq.ft.), may be attached to a real estate sign provided that its text is limited to the words such as "pool" or "open" or "sold" or "contract pending"; 6. An additional "open house" sign of not more than three square feet (3 sq.ft.) in area may be displayed only on the day of the "open house". 7. Non-residential real estate sign is exempt if the sign is not greater than sixteen square feet (16 sq.ft.) in area. (b) Other Residential Signs. 1. One sign per lot, not to exceed three square feet (3 sq.ft.) in area on residentially zoned property. 2. One sign per residence, not to exceed three square feet (3 sq.ft.). (c) Window signs. (9) Temporary Signs: (a) Temporary Political Signs 1. Non-illuminated temporary political signs for each candidate and/or signs for, or against, an election issue may be placed on any parcel or lot. 21 ORD NO. 14-04 2. Each temporary political sign shall be removed within ten (10) days after the date of election or referendum. In the event that said signs are not removed prior to expiration of the ten (10) day period, the sign shall constitute an abandoned sign and the City shall send by certified mail, return receipt requested, to the addresses of the Owner of each property whereon the temporary political sign is located and Owner is listed on the current tax roll of the county, a notice of noncompliance stating that the City's Code Enfomement Board shall fine the property owner for each day of noncompliance if the sign is not removed with the ten (10) days after receipt of notice. 3. No temporary political sign shall exceed twelve square feet (12 sq.ft.) per sign face in area on any pdvate lot or parcel. 4. Any temporary political sign in the public right-of-way cannot exceed three square feet (3 sq.ft). No temporary political sign shall be placed on any public property. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. (b) Other Temporary Signs. 1. All temporary signs non-commercial in nature not addressed in this code, or otherwise prohibited, may be placed in the public right-of-way, but not on other public property, as long as they do not create a safety hazard or as long as they do not constitute visual blight for a period not to exceed three (3) days. (10) Tenant Panels: A change of a tenant panel in a directory sign, or a sign which accommodates a tenant, is exempt from needing a permit provided that the sign was permitted and there is no change in colors or letter style. (I) Exempt Signs Requiring City Manager Approval: (1) City Civic Signs: Signs for facilities located on City property, or within public right-of-way, and which are operated by the City, its licensees, agents, or contractors, or by other public purpose organizations of general benefit to the community 22 ORD NO. 14-04 may be exempt by order of the City Manager if it is determined that the sign type meets the following criteria: (a) the sign provides notice to the public of a public meeting or other public event, (b) the sign is temporary and for a limited time, and (c) the sign, if allowed for a limited time, will meet the following criteria: 1. the signs will not conceal or obstruct adjacent land uses or signs, 2. the signs will not conflict with the principal permitted use of the site or adjoining sites, 3. the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and 4. the signs will be installed and maintained in a safe manner. 5. The approval, or disapproval, of such signs shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. (d) Each sign limited to less than twenty square feet (20 sq.ft.) in area; (e) Allowed ten (10) days prior to the event and must be removed by the second day after the event. (2) Wayflnder Signs: 23 ORD NO. 14-04 (a) the sign provides notice to the public of a public meeting or other public event, (b) An off-premise sign designed to guide or direct pedestrians or vehicular traffic and it also may include kiosks that provide information of general benefit to the community, and (c) the sign, if allowed for a limited time, will meet the following criteria: 1. the signs will not conceal or obstruct adjacent land uses or signs, 2. the signs will not conflict with the principal permitted use of the site or adjoining sites, 3. the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and 4. the signs will be installed and maintained in a safe manner. 5. The approval, or disapproval, of such signs shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. (J) Prohibited Signs: The following signs, or sign features, are prohibited within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited signs or use prohibited sign features. Further, any sign not provided for, or expressly permitted by these LDRs is also prohibited. (1) Banners and Wind Signs: (a) Banners: Prohibited except for special events wherein temporary Roadway Banners may be allowed as provided for in Section 4.6.7(E)(3)(k). Grand Opening banners may also be allowed as provided for in Section 4.6.7(E)(3)(c). 24 ORD NO. 14-04 (b) Wind Signs: Prohibited. (2) Off-Premise Signs: A sign, including building signs, that advertise an establishment, merchandise, service, or entertainment which is sold, produced, manufactured, or furnished at a place other than the property on which the sign is located, however, non-commercial messages shall never be off-premises. (3) Roof Signs: A sign erected on the roof, or above the roof line, or on the parapet. (4) Snipe Signs: Snipe signs are prohibited. (5) Traffic Confusion: A sign or other advertising matter erected at the intersection of any streets or in any street right-of-way in manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, a traffic signal, or traffic device; or which makes use of the words "stop", "look", "drive-in", "danger", or any other word, phrase, symbol, or character in a manner as to interfere with, mislead, or confuse vehicular traffic. (6) Vehicular Signs: Signs placed on vehicles or trailers that are parked in the street, public right-of-way or on private property for the primary purpose of displaying the sign for advertising a commercial enterprise. (7) Waterbourne Signs: No sign or advertising shall be displayed on a vessel plying the waterways, excluding, the identification of the vessel. (K) Structural Standards: In addition to provisions of the Standard Building Code and provisions of Chapter 7 of this Code, the following structural standards shall be required for all signs erected in the City. (1) Securing Signs: Wall signs shall be securely attached to the building or structure by means of metal anchors, bolts, or expansion screws. No wood blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings or structures with walls of wood. No wall sign shall be entirely supported by an unbraced parapet wall. (2) Wind Loading: Every sign shall be constructed in a manner as to withstand 140 miles per hour wind. Sign contractors or the owner shall submit plans showing location, structural members, and design calculations for wind loading and for signs thirty-two square feet (32 sq.ft.) or over, a certification sealed by a state registered 25 ORD NO. 14-04 engineer or architect stating that the design will meet the requirements of this code shall be submitted. All sign contractors shall sign a certificate stating wind loading will meet requirements of this chapter where signs under thirty-two square feet (32 sq.ft.) are submitted. (L) Removal of Signs: (1) Removal and Disposition of Non-Complying Signs: (a) It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements of Section 4.6.7. The City is authorized to remove unlawful signs and sign structures pursuant to the provisions of Section 4.6.7. (b) Unauthorized signs are subject to removal pursuant to the following provisions: 1. Temporary Signs. (i) The City finds that, in view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs. The City Manager is hereby authorized to remove such signs when unlawfully erected and maintained, subject to the provisions contained below. (ii) After removal of a sign pursuant to this section, a notice will be sent, either in person or by first- class postage, prepaid, to the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within thirty (30) days of the date of the notice, and that, if the sign is not retrieved within thirty (30) days, it will be disposed of by the City. 26 ORD NO. 14-04 (iii) The City shall dispose of all unclaimed signs after the expiration of the thirty (30) day period. 2, Permanent Signs. (i) Signs and sign structures not subject to removal pursuant to (i) above which are or have been erected or maintained unlawfully, may be referred to the code enforcement board for appropriate action or the City may proceed to pursue all remedies available at law or equity to it to remove signs or sign structures which are or have been unlawfully erected or maintained. (2) Unsafe Signs: Notwithstanding the above provisions, any sign which is declared to be a dangerous sign shall be removed or made to conform with the current building code immediately, upon notice, by the Chief Building Official. (M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of Delray Beach shall apply. (N) Procedure to Appeal Permit Denial. 1. Permit application may be denied for the following reasons: (a) The application for permit is not fully completed and executed; (b) The applicant has not tendered the required application fee with the application; (c) The application for permit contains a material falsehood or misrepresentation; (d) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City. 2. If permit application was denied, it may be appealed to the City Manager and, if upheld, to the Cimuit Court of Palm Beach County. Section 3. That Appendix "A" be amended as follows: 27 ORD NO. 14-04 ........................... · ....... ~-'-.t: ........... ·...~ .... .".-~-.~..C .... ANIMATED SIGN: A si,qn which uses movement or chan,qe of li.qhtin,q to depict action or to create a special effect or scene. AWNING SIGN: A tenant identification si,qn desiqned as part of the awnin,q. BANNER: A temporary sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner" shall not include any animated or fluttering devices designed to attract attention CANOPY SIGN: A dgn ,-,l~,.~.a *~'~ ~'""* "~" " py S' · .~.~....a ... ,.~ .....+;......~ +~... ~.,,;~a; ..... ~.;,.~.; .... 4... ,~. ........ pedestrian oriented si,qn which is suspended from, attached to, supported from, or forms a part of a canopy. CHANGEABLE COPY SIGN: A sign '-~ mci,",tckncd, on which a messaRe copy is chanqed throu,qh moveable letters, numbers, etc. CONSTRUCTION/DEVELOPMENT SIGN: A temporary siqn identifyinR an architect, contractor, subcontractor, or developer on the property which is to be developed. DIRECTIONAL SIGN:~,~"~ ~_.. ..... ,..~,,.,__;-" _Incidental signs designed to guide or direct pedestrians or vehicular traffic (2) e; ....... 28 ORD NO. 14-04 DIRECTORY SIGN: .... · ~.~ .......... ~ '.VCC ............... r ................ r ........... ........h,,;,,~;^..= cr ="; .... .... ~h.. u=c cf ~'" h,,;..~;.... ;.-.-h..~;.,~ ..,m^.. h,,,.~;,....~;..~..~...;..., church ~i;n. A si.qn listin.q the tenant's names, locations, buildinqs or .qroup of buildin.qs. DOUO-LE FACEn SP'~N' A °~ ..... ;*h ~,.,,, * ....... h;..h ...... ,,, h,,* ,,,.* ........ ;,y .... ~ ......................... ~;~ .......~, .................. , FLAT WALL SIGN: A sign erected parallel to '-"'~ .................... ~ ...... ng. the buildinq to which it is attached, and supported entirely by the faq:ade. FREESTANDING SIGN: A '~"*~"'~'~ cia, r, ,,,h;,.. ,.h,.. ;,.,-I,,,~ ...... ; ......... ,*~.; h,, ........ = ............... ,, ..... = ....... = ...... c:,~nc. A si.qn that is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole si.qn or monument siqn. GASOLINE PRICING SIGN: A si,qn incorporated into a ,qasoline station identity siqn, for display of the price chanRes. HEIGHT (OF A SIGN): The vertical distance measured from the hi.qhest po nt of the si.qn, to the qrade at the base of the si.qn IDENTIFICATION SIGN: A sign, ..*h... +h.,,. C h,,...*;., h.,~.,~ ~;.... or ..... i,~ ~;.... indicating the name of the primary use_. Thc namc or..,.,..'~'~'~ .... ,.~ cf a ~'' ,;,,4; .... +h .....cf ILLUMINATED SIGN: A sign ir. '::hJch a with an internal or external artificial liqht source ef ..~';"~'* .........; ..... '~ :n'~...,..""~'~'.~*-' .,._..v"'"t'" ,.,~...~ m=$~c7~c .~___~,~"~"';"~'~" _.._~"" .°he!! ...~._~;""""~" ;"~ .... '"' and 29 ORD NO. 14-04 MARQUEE SIGN: A si.qn attached to or supported by a mar,quee structure, which is a permanent roof-like structure or canopy extendinR from the fagade of the buildin.q. MENU BOARD SIGN: A chan,qeable copy si.qn for displayinq a menu selection and pricin.q of the items for sale. MONUMENT SIGN: A freestandin.q Iow profile siqn with the siqn area at the top of a solid base. NAMEPLATE SIGN: A non-electric, on-premise identification siqn qivin.'q only the name, address and/or occupation of the occupants. NONCONFORMING SIGN, ~" ^~ ". *un ,'., ^,, 2' A clgn er "'~'""~-~"'- o*-'"'+ .... 2; '0n *h~.- ~k.~..*... oh~. h .... ~+~' ~'" * .... '~ ...... ~"""~"'~ "~°° ", A si.qn which was erected le.qally but no Ion,qer complies with the current si.qn code re,qulations OFF-PREMISE SIGN: A s n ........... = ........~ ~,~ ............... ~ ..................... ~,,_,,,,v,,~,.~ok...~ ct = ~....~ ''~ .... ...,¥.*h'~- *~-~'-....,. advertisin,q, a business which is not located on the property ........... where the sign is located. O.u._pp.E.~.,.~_~E ~,~_k,_ · A clgn ,.,h;,-~. .... c-"-rr/ .......... ;~' .............. "~° '""'~""~'~ """'~° °~'~ or "-'"~ .... '~ "- +~' ..... ~ ....... of ,k.. k,,..~ ....ncmc of tho PAINTED WALL SIGN: A sign "~;"*"" "" =ny ..,,,°ia ..... . '""~ "" "'~°° cf .... ........ ~. apphed with paint or similar substance on the face of a wall. POLE SIGN: A freestandinq siRn that has the siRn area at the top of a pole. 30 ORD NO. 14-04 POLITICAL SIGN: A temporary si.qn erected by a political candidate, or a proponent or opponent to a referendum, or .qroup or a.qent thereof for political purposes directed toward the ultimate exercise of votin.q by the qeneral public in connection with local, state or national elections. PORTABLE SIGN: Any si.qn desiRned to be easily moved, such as a sidewalk or sandwich boards siqn, and is not permanently affixed to the Rround or to a buildin.q. PROJECTING SIGN: A siRn which is attached at a ri.qht an.qle to the outside wall of the buildin.q REAL ESTATE SIGN: Any :igc .... *"'~ by ......... cr h; ..... * ,,.~,,.,..*;.,;,,,, *r, .... ~ ..... .4- .......... hl.h *h.. o;.... ;.- ,.....+...~ ..o ~ ..... + ... oo.o temporary siqn advertisin.q the real estate where the si,qn is placed, statinq as bein,q for sale, rent or lease. ROADWAY BANNER: A temporary siRn that is constructed with a standard vinyl awninq material that drapes above the roadway, attached to City installed poles on both sides of the road. ROOF SIGN: A sign "-""*"'~ "" *~' .... ~ ....-,h .... *~. .... ~ ,; ....... * *h.* ,. · ..~...-..,~ .................................... i-' ....... C',~ ............ ~,.-..-,.., ............................................. ~ .................. ,~,S 3 ...~4;,;.... 3 ...... '~ """*;"" ci,g~ h.., .... ,~. .... ~ ,,..~ lo ...., = ...,.~ .;.... which projects above the roof line or is located on the roof of the buildin,q structure. SIGN: Any device, structure or fixture usin.q .qraphics, symbols or written copy desi.qned to advertise or identi~ an establishment, product, .qoods or services, a SIGN AREA: ~A,...... .................... estThes narea shall be the area of a rectangle enclosing all lettering, illustrations, ornamentation and Ioqos er ..... whmh forms an integral part of the display, or differentiates the display area from the background on which it is placed n.,~..~.;., +~....;.....i.....i ....... ., ....i ~... ~....,, ,....~ .................. ~, .............................................. · =~, CF-~ ~,~, :R .... 31 ORD NO. 14-04 ~ .............. '.C ~ ................ SNIPE SIGN: The tackinR, pastinq or othe~ise affixin~ of siflns of a miscellaneous character to the walls of buildinRs, on poles, trees, fences or other structures. SUBDIVISION ENT~NCE SIGN: An entrance siRn identi~inR the name of the subdivision or residential development. TEMPO~RY SIGN: Any si~n erected for a limited time period. UNDER~ANOPY SIGN: A si~n a~ached or suspended under the ~nopy or roof of a walkway. UNLAWFUL SIGN: A si~n which does not meet the requirements of this ~de and which has not received leqal non~nfo~in~ status. WALL SIGN: A si~n painted or affached parallel to the outside of a buildinq. 32 ORD NO. 14-~ CITY OF DELRAY BEACH ~/~ NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY REPEAMNG SECTION 4.6.7 "SIGNS" AND ENACTING A NEW SECTION 4.6.7 "SIGNS" The City Commission of the City of Delray Beach, Flodda, proposes to adopt the following ordinance: ORDINANCE NO. 14-04 AN ORDINANCE OFTHE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMEND- ING ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME NEW DEFINITIONS RELATING TO SIGNS; AMENDING CHAPTER FOUR. ~ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, 'SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING A SAVING CLAUSE. A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two {2) Public Headngs for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY, JUNE 8. 2004. AT 7:00 P.M. in the Commission Chambers at City H~II, 100 N.W. 1st Avenue. Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY· JUNE 22. 2004. AT 7:00 P.M. Ior at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public headngs and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance. please contact the Planning and Zoning Department, City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444 (email at ozmail@mvdelraybeach.cem) or by calling 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holi- days. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAT]'ER CONSIDERED AT THESE HEARINGS. SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PUR- SUANT TO FS. 286.0105. CITY OF DELRAY BEACH Barbara Garito, CMC City Clerk PUBLISH: Monday, May 31, 2004 Wednesday, June 16, 2004 Boca Raton/Delray Beach News CITY OF DELRAY BEACH NOTICE ~OF PROPOSED AMENDMENT TO 'THE LAND DEVELOPMENT '~"~- * REGU/.~TIONS BY REPEAMNG SECTION 4.6.7 "SIGNS" AND ENACTINg, A NEW SECTION 4.6.7 "SIGNS The City Commission of the City of Delray Beach, FIodda. proposes to adopt the following ordinance: ORDINANCE NO. 14-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS OFTHE CITY OF DELRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS', BY REPEALING SECTIONS 2.4.6(D) AND (E) IN THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMEND- ING ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME NEW DEFINITIONS RELATING TO SIGNS: AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7. "SIGNS", IN N" IN TS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, SIG S, ORDER TO PROVIDE A~ sINGLE, COMBINED AND UPDATED SIGN CODE: PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE. The City Commission will conduct two (2) Public Headngs for the purpose of accepting public testimony regarding me proposed ordinance. The first Public Hearing will be held on TUESBAY. JUNE 8. 2004. AT 7:00 RM. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Flodda. If the proposed ordinance is passed on first reading, a second Public Headng will be held on TUESDAY, JUNE 22. 2004. AT 7:00 EM, (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public headngs and comment upon the proposed ordinance or submit their comments in writing on or before the date af these headngs to the Planning and Zoning Department. For further information Or to obtain a copy of the proposed ordinance please contact the Planning and Zoning Department, City Hall. 100 N.W. 1 st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydelra_vbeach.com) or by cal~ing 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holi- days. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'I-rER CONSIDERED AT THESE HEARINGS SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI- MONY ANB EVIBENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PUR- SUANT TO FS. 286.0105. CITY OF DELRAY BEACH Barbara Garito, CMC City Clerk PUBLISH: Monday, May 31, 2004 Wednesday, June t6, 2004 Boca Raton/Delray Beach News AD ~NS050273