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Ord 44-04 ORDINANCE NO. 44-04 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), "GROUND SIGNS", TO ALLOW THE PLACEMENT OF CERTAIN GROUND SIGNS IN CERTAIN LOCATIONS; BY AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR THE DEFINITION OF "GROUND SIGN"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Deltay Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations regarding ground 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: S¢¢tion 1. That Paragraph 4.6.70S)(3) of Ordinance 14-04 is hereby amended to read as follows: (3) Special Purpose Signs and Signing: Pen'nits 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 tights-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 00) 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 free standing sign, the price s'~gn shall be included in the area of the permanent 4. One sign is permitted per frontage with a maximum of two signs per site. 5. S'~gns placed on pumps shall not exceed three square feet (3 sq.ft.) per ~tgn face nor a total of six square feet (6 sq.ft.) per ~xgn. (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 (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 Buimess District (CBD). In addition to a Grand Opening Banner, one Portable S'~m 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 dearly displayed on the Portable ~xgn frame. 2 ORD NO. 44-04 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) Ground Si_~ns: Within the Central Business District (CBD). businesses that do not have frontage on a public street, such as businesses located within a courtyard, may place one (1) ~ound si~ on private property., or ff none available, then on the public right-of-way between the property, line and the curb pursuant to the following: 1. Ground s'~ns shall not exceed four (.4) square feet in area. and the lower edge shall be a minimum of five (5) feet high above the sidewalk. 2. Wherever possible, more than one (1) si~n should be affixed to a pole. 3. The location of such si_mas shall be sub!ect to the approval of the City. to insure that the s'_m~n does not interfere with pedestrian traffic or parking. (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 0 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. 3 ORD NO. 44-04 (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 Laud Development regulations prior to making its (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. O:)~g.} 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 (79 in height, nor twenty four square feet (24 sq. ft.) in size. ~.~J 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 4 ORD NO. 44-04 {t~l 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 02 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. (/-).(j) 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. -0)1~ 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 prindpal permitted use of the site or adioining sites, 5 ORD NO. 444)4 (ih) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the s'~m 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 viewpo'mt expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within ten (10) days after an apphcation 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 Cxty Manager. 4. Each sign limited to less than twenty square feet (20 sq.ft.) in area; 5. Allowed ten (10) days prior to the event and must be removed by the second day after the event. 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 0) 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. 6 ORD NO. 44-04 (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. (,ii) 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 1" Avenue and East Atlantic Avenue; and · Pineapple Grove Way and East Atlantic Avenue within the arch area. 0)(m~ Subdivision Entrance Signs: Residential subdivision enU:ance signs shall be subject to the following standards: 1. Such ~ns may be either one double faced sign or two ~ns 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 ff~gn was in existence as of July 1, 1988. 7 ORD NO. 44~4 5. Any such sign erected within a fight-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 fight-of-way or median, if such fight-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 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 sXgns proposed to be located within a fight-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 favade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. ('a).(_q} 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 02 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.). 8 ORD NO. 4404 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 identif3~ 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. Section 2. That Appendix "A" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Ground Si_tm. A sign affixed to the ~ound and supported by poles, uprights, or braces extending from the ~ound or a permanently mounted ob!ect on the ~ound but not attached to any part of a building. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 9 ORD NO. 44-04 Section 5. 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. Segtion 6. That this ordinance shall become effective upon its passage on second and final reading. \,.~SSED AND ADOPTED ig regular session on second and final reading on this the day of~x'x~ ,2004. ATI'PLST: Acting City Clerk 10 ORD NO. 444)4 MEMORANDUM TO: MAYOR AND CiTY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # %O ]~k - REGULAR MEETING OF AUGUST 17. 2004 ORDINANCE NO. 44'04 DATE: AUGUST 13, 2004 This is second reading and second public hearing for Ordinance No. 44-04 mending Ordinance No. 14-04, by enacting a new Subsection 4.6.7(E)(3)(e), "Ground ff~ms", to allow businesses within the Central Business District (CBD) with no frontage on a public street to place Ground Signs in certain locations. At the first reading on August 3, 2004, the Commission passed Ordinance No. 44-04. Recommend approval of Ordinance No. 44-04 on second and final reading. S:\City Clerk\agenda memos. Ord 44.04.Ground Signa.08.1?.04 [IT'F OF DELRrI¥ BEri[H , CITY ATTORNEY'S OFFICE 2oo.w ,s, AV.NU.. D.L.^Y ,.^CH. FLO.,.^ 33444 TELEPHONE 561/243-7090" FACSIMILE 561/278-4755 ,DE~LRoAY. B,EAoEH~ Writer's Direct Line: 561/243-7090 DATE: July 8, 2004 TO: David 'I'. Harden, City Manager Lula Butler, Director of Community improvement Janet Meeks, Education Coordinator FROM: Terrill Pyburn, Assistant City Attorney ~ SUBJECT: Ground Signs Attached please find a revised ordinance on ground signs incorporating some of the changes suggested at the last Commission meeting. Some of these changes include, height and face of the sign have been reduced and provisions have been added to allow more than one sign per pole. Please contact me if you have any questions. Thank you. ORDINANCE NO. 44-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "GROUND SIGNS", TO ALLOW THE PLACEMENT OF CERTAIN GROUND SIGNS IN CERTAIN LOCATIONS; BY AMENDING APPENDIX 'A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR THE DEFINITION OF "GROUND SIGN"; 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 ground signs in order to prevent safety hazards and protect property values. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELPAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Paragraph 4.6.7(E)0) of Ordinance 14-04 is hereby amended to read as follows: (3) Special Purpose Signs and Sig~ing: 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 fights-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 00) 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. Co) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to thc following restrictions: 1. Not more than twelve square fcct (12 sq. ft.) per sign face. 2. If frec standing, it shall not cxcccd five feet (5') in sign height. 3. If a part of a perrnancnt frcc standing sign, thc price sign shall be included in thc area of the permanent sign. 4. One sign is permitted per frontage with a maximum of two signs 5. ~tgns placed on pumps shall not exceed three square feet (3 sq. ft.) per fign face nor a total of six square feet (6 sq.ft.) per (c) Grand Opening Banner. One banner may be placed on the building of a newly opened bus.mess 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 (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 clearly 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 (57 pathway parallel to the street for through pedestrian traffic. 5. 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) Ground S'_mL~s: Within the Central Business District (CBD). bus'messes that do not have frontage on a public street, such as businesses located within a courtyard, may place one (1) 2 ORD NO. 44-04 ~ound s'_mn on private property., or if none available, then on the public right-of-way between the property, line and the curb pursuant to the follow'mg: 1. Ground s'~mns shall not exceed four (5l) square feet in area. and the lower eclogue shall be a minimum of five (5) feet high above the sidewalk. 2. Wherever possible, more than one (I) s'~ should be affixed to a pole. 3. The des'mm shall be the same for all ~ound s'_tgns and shall be a desi~tm that is pre-approved by the City.. 4. The location of such sigmas shall be subiect to the approval of the City. to insure that the s'_~n does not interfere with pedestrian traffic or parking. {e)~_~ Historic Signaing: 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 0 sq.ft.) in area in any circumstance. Such s'~aning shall not be permitted until approval has been gamed from the Historic Preservation Board. 1. Maintenance of Nonconforming Nostalgic Signs: (i) S'tgns 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 fftgn 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 s'~m'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. 3 ORD NO. 44-04 (iv) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsLghtly, 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. {0-(g) Menu Board Signs: Signs used by bus'messes 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~.(]3.~ Murals and Signs WJthln 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. q~)~ Non-Residential Real Estate Signs: 1. A permit may be granted to allow for the placement of one non- illuminated freestanding real estate (lgn 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. (4)~ 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 ~lgns 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. 4 ORD NO. 44-04 -O').(l~ 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 ~gn is temporary and for a limited time, and 3. the sign, if allowed for a limited time, will meet the following criteria: (i) the ~tgn will not conceal or obstruct adjacent land uses or signs, (ii) the sign will not conflict with the principal permitted use of the (xte or adjoining sites, (fii) 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 ~gn 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. 4. Each s'tgn limited to less than twenty square feet (20 sq. ft.) in area; 5. Allowed ten (10) days prior to the event and must be removed by the second day after the event. (te)~ Special Event Roadway Banner Sig~ing: 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 ff~m must be no more than three feet (3') in h(~ght by twenty-four feet (24') in length, and placed at least 5 ORD NO. 44-04 fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner gxgn 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. (iii) 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 {t)(m) 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 sLgns may be erected within fights-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. 6 ORD NO. 44-04 5. Any such s'tgn erected within a right-of-way or setback shall be at least ten feet (107 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 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 appo'mted des'zgnee for compliance with this section. (..--~).~.~ Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be phced on the building fasade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. ~.(~ 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.). 3. The s'zgn may be installed at the time of submission of a building permit application. It must be removed upon expkation 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: 7 ORE) NO. 44-04 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 Ctgns 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. Section 2. That Appendix "A" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Ground Si~. A sigma affixed to the ~ound and supported by poles, uprights, or braces extending from the ~ound or a permanently mounted object on the ~ound but not attached to any part of a building. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. The provision of this ordinance shall become and be made a part of the Land Development Regulations of De[ray 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 6. That this ordinance shall become effective 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. 8 ORD NO. 44-04 MAYOR ATI~EST: Acting City Clerk First Reading Second Reading 9 ORD NO. 44-04 OTY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY -AMENDING ORDINANCE 14-04, BY PROVIDING A NEW SUBSECTION 4.6.7(E)(3)(e) REGARDING GROUND SIGNS The City Commission of the City of Delroy Beoch, Florldo, proposes to odopt the foJIowing ordinonce: ORDINANCE NO. 44-04 A`N ORDINA`NCE OF THE CITY COk~vIISSION OF TI-I~: CITY OF DF:U~y BEA`¢H, FLORIDA,, A`MEI'dDINC~ ORDINA`~',ICF 14-04, BY ENA`CTING A` NI?vV SUBSECTION 4.6.~lE)(3)(e), "C~ROUND SlC~N$", TO A`IIOW THE · PLAO:MENT OF O:RTA`IN C~ROLJND $1C~NS IN CI:RTA`IN LOC.~TION$; .~V~ENDIN~ A,PP~:NDIX "A," OF TH~: LAND DEVELOP~FI*~IT TIONS ©F T~l: CODE OF C)RDI~A,NCI:$ OF THE CITY OF D~:LP~y ~A`CH TO PROVIDE FOR THE DEFfl~ITION OF "GROUND SIGN"; P~OVIDINC~ SA,VINGS CLAUSE, A, GEN~:RA`L REPE~,LER CLA`USE, A,~ INCLUSIOI~I/',RY CLAUSE A`ND A`N EFFECTIVE DATE. The City Commission will conduct two 2) Public Hearings ~or the purpose. of occepting pub ic testimony regording the proposecl ordinonce. The first Public Hearing will ~e held on TUESDAY. AUGUST 3. 2004. AT 7:~ P.M. in the Commission Choml'~ers ot City Hofl, '~00 N.W. q st Avenue, Delro¥ i~*och, Florida. If the proposed o~dinonce is poss~ on f rst lng, o second Public Hearing will be hel~ on --, . 2004. AT*7:00 P.M~ (or ot any continuotion o~ such meeting v/nlc,~ is set by the Commission). A`II interested citizens ore invi~-~ to offend the public hearings ond comment upon the F, roposecl ordinonce or su~mit their comments in writing on o~' before the dote of these hearings to t~e Plonning oncl Zoning Deportment. For f~rther informotion or to obtoin o copy of the proposed ordlnonce ~lease contact the Planning oncl Zoning Deportment, City ~o11, 1 O0 N.W. ] st Avenue, Delroy Beach, J:lorido 33,444 (emoil ot pzmoil@myde roy- I'~each.com) or ~¥ coiling $61/243-?040), ~etween the hours of 8:00 ond ,~:00 p.m., ~oncloy through Frido¥, excluding ho~idoys. PLEASE BF A`DVISED THA`T IF A, PEF~,$or*,i DECIDES TO A,PPE,~,L A`NY DECI- $10~/v~Dl: BY THE CffY CO/vW~I$$ ON WIT~ RESPECT TO A`NY/V~T- TI:R CONSIDERED A`T THESE fiEA`RI~C~S. SUCfi PERSON/v~Y NF~:D TO E~SUR£ TI~,T A, VERBATIM RECORD INCLUDES THE T~:$TIMON¥ A`ND EVIDENCE UPO~ WHICH THE A`PPE*~L IS TO BE ~A`SED. THE CITY DOES NOT PRO¥IDF NOR PRI:PA`RE $UC~ RECORD PLJRSLJA,i\IT TO 28~.010,5. C~ITY OF DELP~y BF..~CH chevelle D. Nu~in ^ctlng C~ty Clerk PUBUSH:/Vlondoy, June 26, 200~ Tuesclcry, ,~ugust 10, 200~ Boca Roton/Delroy Beach ~ews NO'II~ OF PROPOSED AMENDMENT TO mE LAND DEVE~ REGULATIONS BY AMENDING ORDINANCE 14-04, BY PROVIDING A NEW SUBSEC'nON i ~ 4.6.7(E)(3Xe) REGARDING GROUND SIGNS ' The City Commission of the City of DeJray Beach, Florida, proposes to ad°pt the f°llowing°rdinance! ORDINANCE NO. 44-04 AN c~NANCE O~ THE CnY COM~SS~ OF 8EACH, ~LOPJDA, AM~N[~NG ORDINANCE 14-0,~, 8Y ENACHNG A NEW SUB,SECTION 4.6,7(E)(~)(e), "GROUND ~GNS", TO ALLOW THE P~ACEMENT OF CERTAIN GROUND SIGNS IN CERTAIN LOCATIONS; BY AMENDING APPENDIX "A~ OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR THE DEFINITION O~ "GROUND SIGN"; PROVIDING A SAVINGS C~U~, A GENERAL REPEALER ClaUSE, AN INCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. of accepting public testimOny regarding Ihe proposed ordinance. The first Public Hearing will be held on 11JESDAY, AUGU~r 3, 2004, AT 7.00 P.M. in ~e Commission Chambers at City Hall, ]00 hl.W. 1st Avenue, Delray Beach, Florida. If Ifle pruposed ordinance is possed on first mad, ing, a second P0blic Hearing will be held on TUESDAY. AUGUST 17, 2 · M (or at any continuation of such meeting which is set by he Commission). All interested citizens am invited to attend the public hearings and comment upon the proposed Ordinance or submit Ibeir comments in writing on before the date of these hearings tothe Planning and Zoning Deportment. For f~rther information or to obtain b copy of Ihe proposed ordinance,, pleasecontact Ihe Planning and Zoning Deportment, City Hal!, 100 N:W. 1st Avenue, Delroy Beach~ Florida 33444 (email at pzmail@mydelray- beacJ~.com) or by calling 561/243-7040), belwean the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED 11J. AT IF A PERSON DECIDES TO APPEAL~ANY DECI- SION MADE BY THE C~TY COMMISSION W~TH RESPECT ~0 ANY MAT- TER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMQNY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED· THE CITY DOES NOT PROVIDE NOR PREPARE such RECORD PURSUANT TO F.S! 286.0105. CiTY OF DELRA¥ BEACH . Chevelle D, Nubin. · Acting City clerk ~UBUSH: Monday, July 26~ 2004,~. Thursday, August 12, 2004 .' Boca Raton/Delray Beach News Ad# NS070442