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Ord 39-04ORDINANCE NO. 39-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "OTHER PORTABLE SIGNS", TO PROVIDE FOR THE INCLUSION OF PROVISIONS REGARDING OTHER, NON-GRAND OPENING PORTABLE SIGNS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. 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 regarding non-grand opening portable signs in order to prevent safety hazards and protect property values. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. follows: That Paragraph 4.6.7(E)(3) of Ordinance 14-04 is hereby amended to read as (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 (b) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to the following restrictions: Not more than twelve square feet (12 sq. ft.) per sign face. If free standing, it shall not exceed five feet (5') in sign height. If a part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. One sign is pennitted per frontage with a maximum of two signs per site. 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. The banner shall not exceed an area of fifty square feet (50 sq.ft.), 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 direcdy in front of the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 37. A permit sticker must be obtained and cleaxly displayed on the Portable Sign frame. A portable sign placed on the sidewalk must be located in such a manner that it does not impede the 2 OR.D NO. 3%04 five foot (5') pathway parallel to the street for through pedestrian traffic. If placed on that portion of the sidewalk that is located within a public fight-of-way, a hold harmless agreement in a form acceptable to the City Attorney shall be provided. (e) Other Portable Signs: Portable si_mas shall only be allowed within the Central Business District (CBD). The sign may only be placed on private property, by businesses that do not have frontage on a public street: The portable s'~n frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. A permit sticker must be obtained and clearly displayed on the Portable Sign frame. A portable si~tm 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. If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless a~eement in a fotrn acceptable to the City. Attorney shall be provided. {e-)ffi 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: 0) 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 Preservation Board is approved by the City Commission. 3 ORD NO. 39-04 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." 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 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. (-g)~g.} Menu Board Signs: Signs used by businesses to advertise prices of items m 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)l~ 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 direcdy 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. Non-Residential Real Estate Signs: A permit may be granted to allow for the placement of one non-illuminated freestanding real estate sign advertising "For 4 ORD NO. 39-04 Sale", "For Rent", or "For Lease" and may identify the seller or agent along each street frontage, induding those located within a historic district. 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. Within a non-re(ldential 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 (77 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 pc;mt of ingress and egress, prox4ded the signs do not create a traffic or pedestrian hazard. -fr)-~ 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 follov/mg criteria: 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 the sign, if allowed for a limited time, will meet the following criteria: the sign will not conceal or obstruct adjacent land uses or signs, the sign will not conflict with the principal permitted use of the site or adjcfming sites, the sign will not interfere with, obstruct vision of or distract motorists, l~lcyclists or pedestrians, and 5 ORD NO. 39-04 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 ten (10) 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. Each sign limited to less than twenty square feet (20 sq.ft~) in area; Allowed ten (10) days prior to the event and must be removed by the second day after the event. Special Event Roadway Banner Signing: 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: 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. 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. Display of the Roadway Banner Sign will be limited to a maximum of ten (10) days prior to the event and 6 ORD NO. 39-04 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 1s~ Avenue and East Atlantic Avenue; and Pineapple Grove Way and East Atlantic Avenue within the arch area. q~)(m5 Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: 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; Each sign area shall be no greater than thirty-six square feet (36 sq. ft.) in area; Such subdivision entrance signs are pennitted within all residential zoning districts; 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. 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; 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 fight-of-way or 7 OR.D NO. 39-04 median to erect the sign in a requested and approved location; 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 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. (.l-~)~ Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be placed on the building facade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. 00-(-~ Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: Freestanding Sign: One sign per street frontage, non- illuminated, with a sign area of not more than thirty-two square feet 02 sq.ft.), nor more than seven feet (7') in height. Sign Located on a Building: One sign per building frontage, non-illuminated with a sign area of not more than thirty-two square feet 02 sq.ft.). 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: 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. 8 ORD NO. 39-04 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 buffmess daily during business hours when the approved valet queue is not in use. Traffic control cones may be used for queuing purposes, however they shall not contain any additional signage or markings. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. The provision of this ordinance shall become and be made a part of the Land Development Regulations of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Section 5. final reading. That this ordinance shall become effective upon its passage on second and PASSED AND ADOPTED in rega~l~r session on second and final reading on this the day of ,2004. ATTEST: MAYOR Acting City Clerk First Reading Second Reading 9 ORD NO. 39-04 [ITY OF DELRg¥ BERrH CITY ATTORNEY'S OFFICE DELRAY BEACH TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 5611278-4755 Writer's Direct Line: 561/243-7090 MEMORANDUM June 28, 2004 City Commission David T. Harden, City Manager Terrill C. Pyburn, Assistant City Attorney SUBJECT: Non-Grand Openin.q Portable Si.qns Ordinance Attached please find two revised ordinances on "ground signs" and "other portable signs". Ordinance 38-04 provides language regarding ground signs as a second alternative to portable signs also accommodating those businesses that do not have frontage on a public street. Ordinance No. 39-04 provides language regarding other, non-grand opening signs in order to accommodate businesses that do not have frontage on a public street. Please place on the July 6, 2004 City Commission agenda for first public hearing. Thank you. TCP:smk Attachment cc: Chevelle Nubin, Acting City Clerk Lula Butler, Director of Community Improvement Janet Meeks, Education Coordinator ORDINANCE NO. 39-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "OTHER PORTABLE SIGNS", TO PROVIDE FOR THE INCLUSION OF PROVISIONS REGARDING OTHER, NON-GRAND OPENING PORTABLE SIGNS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSlONARY CLAUSE AND AN EFFECTIVE DATE. 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 regarding non-grand opening portable signs in order to prevent safety hazards and protect property values. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. as follows: That Paragraph 4.6.7(E)(3) of Ordinance 14-04 is hereby amended to read (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: Not more than twelve square feet (12 sq.ft.) per sign face. If free standing, it shall not exceed five feet (5') in sign height. If a part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. One sign is permitted per frontage with a maximum of two signs per site. 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. The banner shall not exceed an area of fifty square feet (50 sq.ft.), 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. The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. A permit sticker must be obtained and clearly displayed on the Portable Sign frame. 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. If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless agreement 2 ORD NO. -04 in a form acceptable to the City Attorney shall be provided. (e) Other Portable Signs: Portable si,qns shall only be allowed within the Central Business District (CBD). The si,qn may only be placed on private property by businesses that do not have frontage on a public street: 1. The portable si,qn frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. 2. A permit sticker must be obtained and clearly displayed on the Portable Sign frame. 3. A portable si,qn 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. 4. 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).(..f) 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 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." In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's 3 ORD NO. -04 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. (~)Jg~ 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.ff.) in size. (eu)(h) 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: 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. 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. 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. 4 ORD NO. -04 ~ 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,~(k) 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: 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 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 sitesl 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 ten (10) 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. Each sign limited to less than twenty square feet (20 sq.ft.) in area; 5 ORD NO. -04 Allowed ten (10) days prior to the event and must be removed by the second day after the event. (k~l~ Special Event Roadway Banner Signing: 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. (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. Display of the Roadway Banner Sign will be limited to a maximum of ten (10) 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. ~(m) Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: 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; 6 ORD NO. -04 Each sign area shall be no greater than thirty-six square feet (36 sq.ft.) in area; Such subdivision entrance signs are permitted within all residential zoning districts; Such subdivision entrance signs may be erected within rights- of-way or median strips adjacent to the subdivision if approved by the City. ^ 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. 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; 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; 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 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) n.(.~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. (R).(9_~ Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: 7 ORD NO. -04 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. 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.). 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. (~)~_p__) Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: 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. 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. Traffic control cones may be used for queuing purposes, however they shall not contain any additional signage or markings. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. The provision of this ordinance shall become and be made a part of the Land Development Regulations of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 8 ORD NO. -04 Section 5. final reading. That this ordinance shall become effective upon its passage on second and PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: City Clerk MAYOR First Reading Second Reading 9 ORD NO. -04 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "OTHER PORTABLE SIGNS" The City Commission of the City of Delroy Beach, Florida, proposes to adopt the following ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "OTHER PORTABLE SIGNS", TO PROVIDE FOR THE INCLUSION OF PRO- VISIONS REGARDING OTHER, NON-GRAND OPENING PORTABLE SIGNS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSIONARY CLAUSE AND AN EFFEC- ¥1VE DATE. The City Commission will condUct tWo (2) Public Hearings for the purpose Of accepting public testimony regarding the proposed ordi- · nance. The first rP.~blic Hearing will beheld on TUESDAY, JULY 6, 2004, AT 7:00 P.M. in the Commission Chambers at City Hall 100 N W. 1 st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Publ c Hearing will be held on TUESDAY, JULY 20, 2004, AT 7:00 P.M. (or at any continuation of s. uch meeting which is set by the Commission). All interested citizens are invited to attend the public hearings 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 f~rther information or to obtain a copy of the proposed ordnance, please contact the Planning and Zoning Department C ty Hall, 100 N.W. 1 st Avenue Delray Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by calling 561/243-70~,0), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays~ PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAY[ER CONSIDERED AT THESE HEARINGS SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHtCH THE APPEAL IS TO BE BASEDi THE CITY DOES NOT PRO- VIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. PUBUSH: Monday, June 28, 2004 Wednesday, July 14, 2004 Boca Raton News/Delray Beach News Ad# NS060453 CITY OF DELRAY BEACH Bad0ara Garito, CMC City Clerk