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91-87 ORDINANCE NO. 91-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~ENDING CHAPTER 9, 'BUILD- INGS AND CONSTRUCTION~, ARTICLE VIII, 'SIGNS AND BILLBOARDS', SECTION 9-212, 'CLEARANCE HEIGHT AND SETBACKS', SUBSECTION B, 'SETBACKS', BY ENACTING A NEW SUBSECTION (3) TO PROVIDE STANDARDS FOR SIGNS LYING PARTIALLY IN THE SETBACK~ PROVIDING A SAVING CLAUSE~ PROVIDING A GENERAL REPEALER CLAUSE~ PRO- VIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS= ~. That Chapter 9, 'Buildings and Construction', Article VIII, ~Signs and Billboards', Section 9-212, 'Clearance Height and Setbacks~, 'subsection (B), 'Setbacks', be amended to enact a new subsection (3), to read as follows= (3} Subject to Section 9-200(b}(3), any applicant who wishes to construct a free standing sign, which is the sole identification sign on the premises, may construct such a sign partially within and without the setback line, provided permission to erect such a sign is granted by the City of. Delray Beach. Such a sign shall not-exceed seven (7) feet in height nor 40 square feet per sign. Furthermore, the area ~f the sign within the setback area can not be greater than twenty (20) square feet and the area of the sign in the normal buildable area can not be greater than twenty (20) square feet.Such application shall be further expressly subject to approval by the City after the City determines that the placement of the sign in the requested location does not present a hazard to pedestrians or vehicular traffic. An applicant who has permission to erect a sign within a setback shall be required to sign an agreement which shall be counter- signed by the property owner indicating that it is the obligation of the owner of the sign and/or property owner to relocate the sign in such time as the City determines that additional right-of-way or setback is required for City purposes. The City may also require insurance or bonds in specific circumstances. ~L~. 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 decision shall not effect the validity of the remainder hereof, as a whole or a part thereof, other than the part declared to be invalid. Sect.'~. That all ordinances or parts of ordinances in conflict herewf.th be and the same are hereby repealed. Sect.,.on 4- That this ordinance shall become effective immedi- ately upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this 27th day of October 1987. ATTEST= ~~.____~ &_~=__--==~w=~-~= ~~~_/~-~ ...... M A Y 0 R City~lerk First Reading Second Reading ~~_~j_~__