Ord 22-01ORDINANCE NO. 22-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH BY AMENDING SECTION 4.6.7, "SIGNS", IN ORDER TO
CLARIFY THE PURPOSE AND TO CLARIFY REGULATIONS
RELATING TO NON-COMMERCIAL SPEECH; REPEALING THE
SIGN MATRIX CHART AND ENACTING A NEW SIGN MATRIX
CHART; AMENDING THE DEFINITION SECTION BY AMENDING
THE DEFINITIONS OF ON-PREMISE SIGN AND VEHICULAR
SIGN; PROVIDING FOR ENFORCEMENT AMENDING CERTAIN
RESTRICTIONS; PROVIDING FOR RELETTERING AND
RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach is committed to the rights of commercial and non-
commercial speakers; and
WHEREAS, the City of Delray Beach never intended that its sign code be interpreted as
prohibiting all or some non-commercial speech; and
WHEREAS, the City of Delray Beach seeks and has always sought to balance the protections of
speech provided by the First Amendment against the City's interests in promoting aesthetics, safety,
health, morals and general welfare and the assurance of protection of adequate light and air within thc
City by regulation of the posting, displaying, erection, use and maintenance of signs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OI
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District
Regulations", Section 4.6.7, "Signs", of the Land Development Regulations of the Code of Ordinances is
hereby amended to read as follows:
Section 4.6.7 Signs
(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) 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.
(2) 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 subareas, i
(3) Preservation of community's beauty. Cities such as this which include a beach
resort community as well as major office and industrial parks rely heavily on their natural surroundingsI
and beautification efforts to retain their economic advantage. This concern is reflected by actively
regulating the appearance and design of signs.
(A)(B) Rule: 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 aI
valid permit, prior to January 1, 1987, which have since become nonconforming shall be allowed to
remain in accordance with the time limitation and structure requirements set forth in Section 4.6.7(H)(J).
All signs not expressly permitted by Section 4.6.7 are prohibited.
(C) Non-commercialMessage: 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.
(.g)(D) Exempt Signs: The following signs are exempt from the provisions of this Section, are
allowed to be erected in the City of Delray Beach, pursuant to the limitations set forth herein, and do not
require a permit:
2 ORD. NO. 22-01
(1) Real Estate Signs:
(a)
One sign per lot, the sign being less than three square feet in area on
residentially zoned property;
Co)
One additional sign per lot may be erected on a lot which borders a
waterway provided that it is located along the waterways; said sign shall
not exceed nine square feet in area;
(c)
One sign per lot, the sign being less than nine square feet in area on
nonresidential zoned property;
(d) All real estate signs shall be non-illuminated;
(e)
The text of real estate signs shall be limited to the phrase "For Sale" or
"For Lease" or "For Rent" and may identify the seller or agent;
(t)
An additional sign, of not greater than three square feet, may be attached to
a real estate sign provided that its text is limited to the words such as
"pool" or "open" or "sold";
(g)
An additional "open house" sign of not more than three square feet in area
may be displayed only during the hours when the house is being shown.
(2) Temporary Construction Signs:
(a)
For renovation work or for new construction where there is a building
surface upon which a sign can be affixed, a non-illuminated wall sign, not
exceeding 32 square feet in area may be installed. Said sign shall not be
installed more than 15 days before construction or renovation begins and
must be removed when the project receives a certificate of occupancy or the
new business is opened.
(3) Temporary Political Signs:
(a)
Any candidate, individual, or organization desiring to erect temporary
political signs shall submit a refundable deposit of $250.00 to the City prior
to erecting any temporary political signs within the city limits, in order to'
cover the removal of the signs. The City has the right to retain the deposit l
if any political signs erected by the candidate, individual, or organization
are still in place more than 10 days after the date of the election.
3 ORD. NO. 22-01
(b)
No more than two non-illuminated temporary political signs for each
candidate or two such signs for, or against, a referendum issue may be
placed on any parcel or lot. Said signs shall not be so placed more than 90
days prior to the date of the election or referendum to which said sign is
directed.
(c)
Each temporary political sign shall be removed within ten days after the
date of election or referendum. In the event that said signs are not
removed, the City may enter upon the property where on the sign is located
and remove the sign ~* ,~- ..... "* ......... ' ........ provided that prior to
the removal by the City, the City shall, within the ten day period, send by
certified mail, return receipt requested, to the addresses of the owner of
each property where on the temporary political is located and owner is
listed on the current tax rolls of the County, a notice of noncompliance
stating that the City shall remove the sign -'
if same is not removed within the ten day period following the election or
referendum. Each sign not removed prior to expiration of the ten day
period shall constitute an abandoned sign not requiring a hearing prior to it
removal by the City a-~, .... , ,-,f ....... 1 h,, thc. P;*.., oh,all h,~ o,:,. ~* $25
~.~;..ot a..~ property
¢ ......... h,i ....... 1 ,,,kl,-h ,-,.o. ok,,11 k,~
(d)
No temporary political sign shall exceed 12 square feet per sign face in
area.
(e)
No temporary political sign shall be placed in any public right-of-way or on
any public property_+ nor sba!! s'azh _Ssigns may not be placed in a location,
............... j ...... j ....... ~:~, .......... ~ ...., ......................
that constitutes a safety hazard or hindrance to pedestrian or vehicular
traffic.
(4) 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 from the
ground and shall not be greater than three square feet in area.
4 ORD. NO. 22-01
(5) Window Signs:
(a)
Plastic, neon, or painted signs may be placed upon windows when limited
to 20 % of the glass area and when limited to one such sign per main use.
Co)
Paper signs displayed two feet or more from the inside of the glass but
which are visible from the outside shall be limited to 20% of the glass area.
(6) City 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.
(7) Hours of Operation Sign: A sign denoting hours of operation which are non-
illuminated; have a sign face of less than one square foot; located close to the entry to the
business; and being a flat wall sign.
(8) Nameplates: One nameplate sign per building, not exceeding three square feet in
area, of a noncommercial nature, and bearing the name or street address of the principal
occupant.
(9) Home Occupations: One sign per building, not exceeding one square foot, non-
illuminated, and bearing the name of the home occupation.
(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.
(11) 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.
(12) Flags:
(a)
Flags may be displayed on any residential or non-residential parcel of land
in accordance with the following rules:
(1)
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.
5 ORD. NO. 22-01
(2)
For parcels or developments equal to or greater than one acre in
area, no more than one flag per 14,000 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 clubs may be displayed at respective meeting sites
during meeting hours.
(~,)(E) 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, in Section 4.6.7 is prohibited.
(1) Off-Premise Signs: Which are signs, 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.
(2) Sidewalk and Sandwich Board Signs: Which are signs that are movable and not
secured or attached to the ground except when used in conjunction with Special Events as
provided for in Section 4
(43) Roof Signs: Being a sign erected on the roof, or above the roof line, except that a
sign placed on the face of a parapet wall which does not exceed four feet in height and which
forms a continuous extension of the face of the building shall be considered a roof sign; nor is a
mansard section sign located below the roof line a roof sign.
($4_) Banners and Wind Signs:
(a)
Banners: A sign consisting of characters, letters, illustrations or
ornamentations attached to cloth, paper, or fabric backing used for the
purpose of communicating the presence of a business, the sale of a product,
or the location of a business. For special events, temporary banners may
be flown as provided for in Section 4.6.7(D)(F)(3).
6 ORD. NO. 22-01
(b)
Wind Signs: Signs, consisting of one or more banners, pennants, ribbons,
spinners, streamers, balloons, or other objects or material fastened in such
a manner as to move upon being subjected to pressure by wind.
(65_) Vehicular Signs: Being a sign or sign structure attached or affixed in any manner in
or to any wheeled vehicle ~"'~ t~. ......... ~, ~a.,,~..,o;,,. t~,~ },,,o; .... , .... h;~h ,~,~ sign refers;
excluding however, pressure sensitive type signs which are permanently affixed to a vehicle and
signs which are painted upon, or magnetic signs, any of which do not exceed eight square feet
or which may be required by law; or which are affixed to public transportation vehicles for
business advertising purposes when the vehicles belong to a duly licensed public transportation
company.
(~_) Waterbourne Signs: No sign or advertising sign shall be displayed on a vessel
plying the waterways, excluding, the identification of the vessel.
(87) Traffic Confusion: A sign or other advertising matter erected at the intersection of
any streets or in any street right-of-way in any 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 as
(08_) Balloons: Balloons either as a part of a sign, or as a sign itself, or as a sign
structure are prohibited.
[I'~'X[ '
,w ~,F) Signs Requiring Permits:
(1) General: All signs, other than those exempted by Subsection (.I~)(D) or prohibited
by Subsection (C)(E), must obtain a sign permit. Applications for sign permits shall be submitted
and processed pursuant to Section 4.6.7,_j(F). Sign permits shall be issued by the Sign
Administrator under the direction of the Chief Building Official for the following:
(a)
Master Sign Program Signs: Individual signs being permitted under the
provisions of an approved Master Sign Program.
Co)
Signs Meeting Standards: Individual signs which conform in all respects to
the provisions of Subsections (-FO(G), ~w~4~,_ ,~--,, and ~(I~,_,,_, or this Section.
7 ORD. NO. 22-01
(c)
Special Purpose Signs: Which comply with the requirements of Subsection
(?)(F)(3).
(2) Master Sign Programs: 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 (E)(G) and mxa4~ 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 6g~(G) and ff4(H) 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 only by the Site Plan Review and Appearance Board or the
Historic Preservation Board if the project is in a historic district. After approval of a Master Sign
Program, individual signs consistent therewith shall be administratively approved.
(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 limited to a maximum of six per civic organization,I
church, or recreational facility and limited to a maximum of four perI
business or residential development may be permitted in City street rights-I
of-way subject to the approval of the Public Works, Engineering, andI
Building Departments. signs located other than on City rights-of-way shall[
be permitted to continue at appropriate locations until otherwise notified.
The designation of the maximum number of directional signs is not
intended to imply that each qualifying applicant is entitled to the maximum.
The number of directional signs permitted for each qualifying applicant, up
to the maximum, shall depend upon the needs of the traveling public asi
determined by the above city departments. The dimensions of the
directional signs shall be eight inches by 30 inches per sign. The signs will
be designed and installed in accordance with City specifications at the
expense of the applicant. When directional signs are located at a street
intersection, they shall be placed on the side of the street opposite the side'
on which there are street signs.
Co)
Residential Subdivisions: Residential subdivisions containing twenty-five
(25) or more dwelling units may have a maximum of four (4) directional
signs placed in a right-of-way which is located wholly within the
subdivision. Such directional signs shall be limited to eight feet (8') in,
height, an area limited to sixteen square feet (16 sq.ft.), nor shall they be
greater than four feet (4') in either width or height. Said sign shall contain
8 ORD. NO. 22-01
information related only to the internal street system of the subdivision. A
permit to work in the right-of-way must be obtained in addition to a sign
permit.
(c)
Standard Street Signs: A subdivision name sign may be placed on a City
street post by City personnel only, provided it is requested through the
Public Works Department and paid for by the party requesting the sign.
This sign shall be identical to the street sign as to color, size, and shape.
(d)
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 in area
nor extend to a greater height than five feet 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.
(e)
Change to Conform to Height: Signs in violation of this Section as of
December 5, 1985, because they exceed height limitations but which are to
be shortened to conform.
(f)
Real Estate Signs: Real estate signs, provided that the signs do not exceed
32 square feet, are located in commercial or industrial zone districts, and
are limited to no more than one real estate sign per lot. 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" along each
street adjacent to the subject property within commercial or industrial zoned
districts.
(g)
Historic Signing: Signs which are building mounted or free-standing which
provide information of historic value. Said signing shall not exceed six feet
above grade when free-standing and shall not exceed three square feet in
area in any circumstance. Such signing shall not be permitted until
approval has been gained from the Historic Preservation Board.
Subdivision Entrance Gates Signs: Residential subdivision entrance gates
signs shall be permitted as follows:
9 ORD. NO. 22-01
(i)
Such signs may be either one double faced sign or two signs where
there are two walls at the entrance and where the sign is
permanently affixed to the walls at each entrance of the subdivision;
(ii) The sign faces shall be no greater than 36 square feet in area;
(iii)
Such subdivision entrance gates signs are permitted within all
residential zoning districts. They are further permitted in any
commercially zoned property which is adjacent to a subdivision in
existence as of July 1, 1988;
(iv)
Such subdivision identification 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 4.6.76g.)(G)(3), if such sign was in existence as of July 1,
1988;
(v)
Any such sign erected within a right-of-way or setback shall be at
least ten feet from a paved roadway and signs located within a
median shall be at least five feet from any paved roadway;
(vi)
Any 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;
(vii)
Any signs proposed to be located on adjacent private property shall
have to be approved and permitted by the owners of the adjacent
property on which the sign is to rest. Any such signs lying on
private property shall be considered an additional permitted sign
without regard to other applicable sections of this code;
(viii)
All signs proposed to be located within a right-of-way or median
shall be reviewed and approved by the Community Improvement
Director, or appointed designee for compliance with this section;
(i)
Subdivision/Development Sale Signs: All construction signs and temporary
subdivision identification or sale signs which are freestanding signs require
10 ORD. NO. 22-01
a permit. Areas under construction shall be allowed one sign per street
frontage with its area not greater than 1/2 sq.ft, for each linear foot of street
frontage; however, the area shall not exceed 160 sq.ft, per sign face. No
sign shall exceed eighteen feet above grade. Such signs may not be erected
more than 60 days prior to commencement of construction and shall be
removed at such time as the development is completed, terminated, or
abandoned provided however, that such signing shall not remain after one
year from initial erection. Residential rental and leasing signs which do not
exceed 24 square feet, nor extend twelve feet above grade may be placed at
entries into residential developments. Said signs shall be permitted for an
initial period of six months. Thereafter, the permit may be extended for
additional six month periods for good cause and upon payment of a renewal
fee which shall be one-half the cost of the initial permit fee.
ti)
Special Event Signing: Special signing, in accordance with this Subsection,
may be permitted by the Chief Building Official, or his designee, for
special events which are of general benefit, civic or cultural, to the
community at large. Such signing shall be subject to the following
standards:
(i) Each sign limited to less than 20 sq.ft, in area;
(ii)
Allowed one week prior to the event and must be removed by the
second day after the event;
(iii)
Bonding or cash sufficient to cover the cost of removal must be
provided;
(k)
Special Notice Board: Any parcel within the Central Business District
which has at least 200 feet of frontage may be permitted to have one
permanent, free-standing sign for the purpose of communicating matters
which are of a general benefit, civic or cultural, to the community at large.
The sign may not exceed 20 sq.ft, in area; shall not have a sign height of
more than six feet (6'); and shall not be located any closer than five feet
(5') from a property line.
(1)
Grand Opening Signs: One banner or one open flag, maximum flag area of
15 sq.ft., and one sandwich sign may be placed on the premises of a newly
opened business pursuant to the following:
11 ORD. NO. 22-01
(i)
Display is limited to two weeks prior to opening to two weeks after
opening;
(ii)
Banners shall not exceed an area of 50 sq.ft, and sandwich signs
shall not exceed an area of 20 sq.ft.;
(iii)
Banner height shall not exceed 15', height of sandwich signs shall
not exceed 6';
(iv) Banner colors shall be white, black, blue, or red, or any
combination thereof;
(v)
Banners shall be made of material which will keep the colors fast
sandwich signs shall be made of water resistant material;
(vi)
Bonding or cash sufficient to cover the cost of removal may b~
required.
(m)
Welcoming Signs: Entrance signs at, or near, the City limits upon which
may be listed institutional names, religious institutions, insignia of Civic
organizations, and points of interest.
(n)
Gasoline Prices: Signs may advertise the price of gasoline subject to the
following restrictions:
(i) Not more than 12 sq.fi, per sign face;
(ii) If free standing, it shall not exceed five feet in sign height;
(iii)
If a part of a permanent free standing sign, the price sign shall be
included in the area of the permanent sign;
(iv)
One sign is permitted per frontage with a maximum of two signs per
site;
(v)
Signs placed on pumps shall not exceed 3 sq.ft, per sign face nor a
total of 6 sq.ft, per sign.
(o)
Menu Board Signs: Signs used by businesses used 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
12 ORD. NO. 22-01
not exceed seven (7) feet in height, and is not greater than twenty four (24)
square feet in size.
(p)
Murals and Signs within Murals: A large painting or drawing affixed tc
the wall of a building located in commercially zoned districts may be
permitted by the Chief Building Official following approval by the Site Plan
Review and Appearance Board. The mural shall not directly represent oi
constitute advertisement of the goods, products, or services provided on
site. If any portion of the mural does include identification of the
establishment or the goods, products, or services provided on site, only thai
portion of the mural which specified such information shall have its area
included in the calculation of the sign area.
(E)(G) 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 (E)(G)(7).
(1) Types of Signs:
(a)
Wall Sign: A flush mounted sign. There is one sign face for a wall sign.
A wall sign shall not project more than eight inches from the wall upon
which it is mounted. Types of walls signs are canopy signs, mansard signs,
and painted signs.
(b)
Free-Standing Signs: A free-standing sign is not affixed to any other
structure. It may be either a pole sign or a monument sign. Neither the
pole nor the base of the monument shall be considered in calculation of the
area of the sign face. A free-standing sign may not have more than two
sign faces.
(c)
Prqiecting Sign: A sign affixed to a structure and which extends at a right
angle from the building. A projecting sign may not have more than two
sign faces. A projecting sign may not extend more than three feet (3') from
the structure upon which it is affixed.
(d)
Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It
may be rigid or may swing. Such a sign may not have more than two sign
faces.
(2) Sign Area:
13 ORD. NO. 22~01
(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 logos. 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)
Conformity with Surroundings: The scale of a 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; but in
no case shall it exceed the height limitations set forth in Subsection (7).
(3) Location and 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.
Allowed in Special Setbacks: When considered as part of a site plan
approval, or modification to a site plan, a sign may be located within a
special setback area provided that: feet
(i) If the sign is to be located no less than 10 feet nor more than 20
from the right-of-way, the sign height shall not exceed 7', and the
sign area shall not exceed 40 sq.ft.
(ii) If the sign is to be located no less than 20 feet nor more than 30 feet
from the right-of-way, the sign height shall not exceed 14', and the
sign area shall not exceed 96 sq.fi.
(c)
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 setback area provided that:
14 ORD. NO. 22-01
(i) The sign height is not greater than 7';
(ii) The sign area is less than 40 sq.ft.;
(iii)
The sign area for that portion of the sign within the setback area is
less than 20 sq.fi.
(d)
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 setback area provided that:
(i) The sign height is not greater than 7';
(ii) The sign area is less than 20 sq.ft.
(e)
Safety Determination Required: Whenever consideration is given to
locating a sign within a special setback or the standard ten foot 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.
(f)
Removal Agreemem Required: Whenever a sign is allowed within a
setback area, the person erecting the sign shall be required to execute an
agreemem, 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. A performance bond, or acceptable
substitute guarantee, may be required.
(g)
Facing Residential Areas: No sign located on the side or rear of any
building or property may face a contiguous residential area if the sign is
located more than six feet above the ground or is greater than 72 square
inches in area.
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.
(i)
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
15 ORD. NO. 22-01
vegetation unless provisions are made for the removal of the obscuring
sign, structure, or vegetation.
(4) Illumination: Signs may be illuminated directly or indirectly unless specifically
prohibited elsewhere in this Section 4.6.7. In residential areas, all illumination shall be shielded
so that the light is not visible to abutting residences.
(5) Height:
(a)
Basis for Measurement: A sign's height is the vertical distance measured
from the grade of the nearest abutting street to the highest point of the sign
or sign structure.
Co)
Conformity with Surroundings: The scale of a sign, in terms of height,
shall be consistent with the scale of the building with which it is associated
and the neighborhood or streetscape where it is to be located; but in no case
shall it exceed the height limitations set forth in Subsection (7).
(6) ~ Restrictions:
(a)
Restrictions as to Functions: The use of a sign may be restricted to
functions as set forth in Subsection (7) under the column of "etker/te~t" er
~ de!;.ne~_te~ under ~e ~e!'_'m~ "type of sign".
Obscene ~ Signage~4,~: A sign shall not exhibit thereon any lewd,
lascivious, ;,~a ...., or obscene or ; ..... ~ ,,,,,.,~;,,~,o character, or
illustration.
(_c,) Noise Producing Signs: A sign shall not produce noise or sounds.
16 ORD. NO. 22-01
Smoke or Odor Producing Signs: A sign shall not produce or emit smoke
vapor, particles, or odor.
Moving or Rotating Signs: A sign shall not involve motion or rotation o
any part of a sign structure or display.
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 in area.
(7)
Design Standards Matrix: The following matrix sets forth the standards for
various types of sign 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 th~.~ Section 4.6.7.
17 ORD. NO. 22-01
Section 4.6.7/~F.,.)(G)(7) S~gn Development Standards Matrix
rRESIDENTIALZONE DISTRICT SIGNING' (R-1 D~stncts, PRD, RL, RM, RR and AG Distr~cts)
Type of S~gn Quantity Area (max) Location * Height Width Illum~nabon
(a) Wall only one 20 sq ft at least 10' must be shielded so as not
s~gn per from any property to be visible from adjacent
~ (b) Free-standing lot or parcel 20 sq ff/face hne properties
SIGNING FOR BUSINESSES LOCATED IN RO, OSSHAD, CF AND POD ZONE DISTRICTS
Type of Sign Quantity Area (max) Location * Height Width Illumination
(a) Wall not more than one of any 30 sq ft on building face Allowed
type nor more than two per from building or
(b) Projecting lot, parcel or development 30 sq ft/face canopy Allowed
may be ~n the front
(c) Free-standing 30 sq ft/face yard setback 12' 12' Allowed
SIGNING FOR CHURCHES. REGARDLESS OF ZONE DISTRICT
Type of Sign Quanbty Area (max.) Locabon * Height W~dth lllum~nabon
10% of braiding face
(a) Wall one per building not to exceed 120 sq ft on building face - Allowed
1 1/2sq ft/10'
(b) Free-standing one of frontage - Allowed
(c) Free-standing
or wall one 20 sq ft Allowed
(d) Free-standing one per additional use 20 sq ft 8' Allowed
SIGNING IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS
Type ofS,gn I Quantity I Area (max) I Locat,on* I He,ght I W,dth I Ilium,nat,on
(a) Wall S~gns
on rear of building
(1) rear one per building 9 sq ft not facing street Allowed
15% of braiding face
(2) major (max of 12' height, facing each dedicated
~dentificabon one per business for computatmnal purposes street frontage
only, bmes the w~dth)
not to exceed 160 sq ft - Allowed
(4) directory one per building 24 sq. ft on braiding face - Allowed
on building face or
one per accessory use free standing adjacent
(3) accessory use 10 sq. ft to building - Allowed
from building or under
(b) Projecting one 30 sq. ft canopy _ Allowed
under a canopy which
extends store front
(c) Under canopy one per business 4 sq. ft. access - Allowed
(d) Directional by entrance but 10'
(traffic) as needed 6 sq ft from property hnes 5' Allowed
*one at 1/2 sq ft of frontage
(b) Free-standing not to exceed 160 sq ft
*each additional limited
one per frontage to 50 sq ft. 18' Allowed
*Free-standing signs must comply with setback requirements of Section 4 6 7.(E.)J_~)(3)
(F)(H)Aesthetic Qualifications and Standards:
(1) Applicability: The following subsections describe basic aesthetic qualifications and
standards which apply to signs. The application of these standards to specific types of signs and
their location may be made by the Sign Administrator. Any challenge to a such determination
made by the Sign Administrator shall be heard by the Site Plan Review and Appearance Board or
the Historic Preservation Board as an appeal.
(2) Basis: the aesthetic quality of a building, or indeed 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 mechanical
limitations on signs imposed in Subsections (-g.)(G) and (G,~(I), the following aestheti~
considerations must be met.
(a)
Scale: The scale of the sign must be consistent with the scale of th~
building on which it is to be placed or painted and the neighborhood in
which it is located. Scale shall also be considered in terms of Subsection
~F0(G) with respect to height and area.
Garishness: The overall effect of the 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.
(c)
Conflict: The colors of a sign shall not conflict with other signs already on
the building or in the immediate vicinity.
tr'-xa~,v,,_, 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) Wind Loading: Every sign shall be constructed in a manner as to withstand a wind
pressure of 50 pounds per square foot. Sign contractors or the owner shall submit plans showing
location, structural members, and design calculations for wind loading and for signs 32 square
feet 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 32
square feet are submitted.
(2) 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
19 ORD. NO. 22-01
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.
(3) Combustible Materials: No sign constructed of combustible material shall be
attached to any structure or building if the sign has enough area to require a permit.
(a)
Combustible signs up to 50 square feet in area shall be at least 20 feet from
any building or structure.
Combustible signs from 51 square feet up to 100 square feet in area shall be
at least 40 feet from any building or structure.
(c)
Combustible signs from 101 square feet up to 160 square feet in area shall
be at least 80 feet from any building or structure.
Removal of Nonconforming Signing:
(1) Off-Premises Signs: All off-premises signs, except those specifically allowed by
provisions within ~;~: Section 4.6.7, are illegal and are to have been removed by July 4, 1986,
except for such signs which existed prior to annexation which shall be subject to Subsection (4).
(2) Signs Erected Prior to December 18, 1985: But which do not conform to the
requirements of this Section 4.6.7 shall be allowed to remain in accordance with the time
limitations set forth in Subsection (4).
(3) Annexed Signing: When a sign existed upon property which was annexed to the
City subsequent to December 18, 1985, and the sign does not comply with the provisions of this
Section 4.6.7, said sign is subject to the removal provisions of nonconforming signs (Subsection
4). If the applicable time period expires prior to annexation, then the sign must be removed upon
annexation.
(4) Time Period for Removal:
(a)
Class 1 Signs: A Class 1 Sign is a sign that conformed with sign
regulations which were in effect on December 18, 1985, but which no
longer conforms with provisions of this Section. Such signs shall be made
to conform to the provisions of this Section 4.6.7 on; or before, July 10,
1991, or be removed at the owner's expense.
20 ORD. NO. 22-01
(b)
Class 2 Signs: A Class 2 Sign is a sign that was, or would have been, a
nonconforming sign as of December 18, 1985. Such signs shall be made to
conform to the provisions of this Section 4.6.7 on, or before, January 1,
1987, or be removed at the owner's expense.
(5) Removal for Safety Reasons: Notwithstanding the above provisions, any sign
which does not meet the fifty pound per square foot (50 lb/sq.fi.) wind loading standard is
declared to be a dangerous nonconforming sign and shall be removed or made to conform with
this requirement within thirty (30) days of notification of same by the Chief Building Official.
(6) Nonconforming Nostalgic Signs:
(a)
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.
Co)
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 sing be designated as a
"nostalgic sign."
(c)
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.
(d)
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 pubic health, safety, or welfare, the City
Commission, following notification to the owner, may remove the nostalgic
designation and set a date by which the sign must be removed.
(K) Removal and Disposition of Non-complying Signs:
(1) 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.
21 ORD. NO. 22-01
(2) Banners, temporary construction signs, real estate signs, sidewalk or sandwich
signs, garage sale signs, and special event signs are subject to removal pursuant to the following
provisions:
(a)
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. Therefore, the City Manager is hereby
authorized summarily to remove such signs when unlawfully erected and
maintained, subject to the provisions contained in (b) below.
(b)
After summary 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 30 days of the date of the notice, and that, if
the sign is not retrieved within 30 days, it will be disposed of by the City.
If the sign is removed from public property, the party, if any, identified on
the sign shall be notified; if no party is identified on the sign, then no
notice prior to disposition is required. The City shall dispose of all
unclaimed signs after the expiration of the 30-day period.
(3) Signs and sign structures not subject to removal pursuant to (2) 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.
(L) Public Right-of-Way/Public Property: No sign shall be placed in any public right-of-way
or on any public property, unless otherwise provided for by the Land Development Regulations or Code
of Ordinances of the City of Delray Beach. Signs may not be placed in a location that constitutes a
safety hazard or hindrance to pedestrian or vehicular traffic.
(M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of
Delray Beach shall apply.
(N) Severability: If any word phrase, clause, sentence, or section of this Section is for any
reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any
remaining portions of Section 4.6.7.
22 ORD. NO. 22-01
Section 2. That Appendix A, "Definitions", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
ON-PREMISE SIGN - A sign which may carri~sy non-commercial messages as well as
commercial messages ~ strictly incidental to the lawful use of the premise on which it is
located, including signs or sign devices indicating the business transacted, services rendered, goods sold,
or produced on the premises, name of the business, name of the person occupying the premises.
Section 3. 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 affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith, be, and the same
are hereby repealed.
Section 5. 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/?~ay of
2001.
ATTEST:
City Clerk
First Reading D~ c~, ~oo /
Second Readi~f[~/]~, / 7.
MAYOR
ORD. NO. 22-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~'/o~REGULAR MEETING OF APRIL 17, 2001
ORDINANCE NO. 22-01 (REVISONS TO SIGN ORDINANCE)
DATE: APRIL 13, 2001
This is second reading and public hearing for Ordinance No. 22-01 which amends Chapter 4,
"Zoning Regulations", of the LDR's by amending "Signs", clarifying the purpose and regulations
relating to non-commercial speech; repealing the sign matrix chart and enacting a new sign matrix
chart; amending the definition section by amending the definitions of on-premise sign and vehicular
sign.
The revisions also provide for some minor changes to the "Temporary Political Signs" section by
removing certain provisions regarding assessment of costs against a private property owner.
Revisions to the "Use and Text Restrictions" section by eliminating any reference that might imply
that the City regulates the content or text of a sign, except signs containing obscene characters or
illustrations. Removing the last column relating to "text" has also amended the sign matrix chart.
And adding a section on the removal and disposition of non-complying signs that provides for
procedures to be followed when certain signs are removed by the City.
At the first reading, Commission unanimously approved this ordinance. Recommend approval of
Ordinance No. 22-01 on second and final reading.
Ref:Agrnemo21 Ord.22-01SignsFinal4-17-01
[ITY OF I]ELRRY BEA[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~ne: 561/243-7091
Ail.America City
1993
DATE:
TO:
FROM:
March 20, 2001
City Commission
David Harden, City Ma.~.~_ger
Brian Shutt, Assistant City Attorney
SUBJECT: Revisions to Sign Ordinance
Our office has proposed some changes in the City's sign ordinance relating to non-
commercial speech. We have attempted to clarify our regulations as they pertain to non-
commercial speech and to provide that the City does not regulate the content of a sign.
The revisions also provide for some minor changes to the "Temporary Political Signs"
section by removing certain provisions regarding assessment of costs against a private
property owner.
We have also proposed revisions to the "Use and Text Restrictions" section be
eliminating any reference that might imply that the City regulates the content or text of a
sign, except signs containing obscene characters or illustrations. The sign matrix chart
has also been amended by removing the last column relating to "text".
We have added a section on the removal and disposition of non-complying signs that
provides for procedures to be followed when certain signs are removed by the City.
This item went before the Planning & Zoning Board on March 19, 2001 and was
unanimously approved. Please place this item on the April 3, 2001 City Commission
agenda. Please call if you have any questions.
Attachment
CC:
Lula Butler, Director of Community Improvement
Jeff Costello, Principal Planner
ORDINANCE NO. 22-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 4.6.7, "SIGNS", IN ORDER TO CLARIFY THE
PURPOSE AND TO CLARIFY REGULATIONS RELATING TO NON-
COMMERCIAL SPEECH; REPEALING THE SIGN MATRIX CHART
AND ENACTING A NEW SIGN MATRIX CHART; AMENDING THE
DEFINITION SECTION BY AMENDING THE DEFINITIONS OF ON-
PREMISE SIGN AND VEHICULAR SIGN; PROVIDING FOR
ENFORCEMENT AMENDING CERTAIN RESTRICTIONS;
PROVIDING FOR RELETTERING AND RENUMBERING;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach is committed to the fights of commercial and non-
commercial speakers; and
WHEREAS, the City of Delray Beach never intended that its sign code be interpreted as prohibiting
all or some non-commercial speech; and
WHEREAS, the City of Delray Beach seeks and has always sought to balance the protections of
speech provided by the First Amendment against the City's interests in promoting aesthetics, safety, health,
morals and general welfare and the assurance of protection of adequate light and air within the City by
regulation of the posting, displaying, erection, use and maintenance of signs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District
Regulations", Section 4.6.7, "Signs", of the Land Development Regulations of the Code of Ordinances is
hereby amended to read as follows:
Section 4.6.7 Signs
(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.
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.
f.g) 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 subareas.
~) Preservation of community's beauty. Cities such as this which include a beach resort
community as well as major office and industrial parks rely heavily on their natural surroundings and
beautification efforts to retain their economic advantage. This concern is reflected by actively regulating
the appearance and design of signs.
(-A-)(B) Rule: 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 January 1, 1987, which have since become nonconforming shall be allowed to remain in
accordance with the time limitation and structure requirements set forth in Section 4.6.7flq:)lJ). All signs
not expressly permitted by Section 4.6.7 are prohibited.
(C) 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 ve_ry nature, shall never be
deemed off-premises.
(-~-)(I)) Exempt Signs: The following signs are exempt from the provisions of this Section, 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) Real Estate Signs:
(a)
One sign per lot, the sign being less than three square feet in area on
residentially zoned property;
2 ORD. NO. 22-01
(b)
One additional sign per lot may be erected on a lot which borders a waterway
provided that it is located along the waterways; said sign shall not exceed
nine square feet in area;
(c) One sign per lot, the sign being less than nine square feet in area on
nonresidential zoned property;
(d) All real estate signs shall be non-illuminated;
(e)
The text of real estate signs shall be limited to the phrase "For Sale" or "For
Lease" or "For Rent" and may identify the seller or agent;
(0
An additional sign, of not greater than three square feet, may be attached to a
real estate sign provided that its text is limited to the words such as "pool" or
"open" or "sold";
(g)
An additional "open house" sign of not more than three square feet in area
may be displayed only during the hours when the house is being shown.
(2) Temporary_ Construction Signs:
(a)
For renovation work or for new construction where there is a building surface
upon which a sign can be affixed, a non-illuminated wall sign, not exceeding
32 square feet in area may be installed. Said sign shall not be installed more
than 15 days before construction or renovation begins and must be removed
when the project receives a certificate of occupancy or the new business is
opened.
(3) Temporary Political Signs:
(a)
(b)
Any candidate, individual, or organization desiring to erect temporary
political signs shall submit a refundable deposit of $250.00 to the City prior
to erecting any temporary political signs within the city limits, in order to
cover the removal of the signs. The City has the right to retain the deposit if
any political signs erected by the candidate, individual, or organization are
still in place more than 10 days after the date of the election.
No more than two non-illuminated temporary political signs for each
candidate or two such signs for, or against, a referendum issue may be placed
on any parcel or lot. Said signs shall not be so placed more than 90 days prior
to the date of the election or referendum to which said sign is directed.
3 ORD. NO. 22-01
(c)
Each temporary political sign shall be removed within ten days after the date
of election or referendum. In the event that said signs are not removed, the
City may enter upon the property where on the sign is located and remove the
sign at tk.e pre, petty e,;-, .?.er' s, expense; provided that prior to the removal by
the City, the City shall, within the ten day period, send by certified mail,
remm receipt requested, to the addresses of the owner of each property where
on the temporary political is located and owner is listed on the current tax
rolls of the County, a notice of noncompliance stating that the City shall
remove the sign
...... v.,,v,,.~., ,-~'~',,-'~ expc, n:e if same is not removed
within the ten day period following the election or referendum. Each sign not
removed prior to expiration of the ten day period shall constitute an
abandoned sign not requiring a hearing prior to it removal by the City. :r-he
..... +1, ...... .,.+ .....
~.r .......v-,,r-,-,., upe,n ............ violating s, was, ........ He,wever, no
...................... .~ rrc.~, to ....... .~ M~..,~,,,., .,. his, des e,e,
(d) No temporary political sign shall exceed 12 square feet per sign face in area.
(e)
No temporary political sign shall be placed in any public right-of-way or on
any public property_.~ ne,r skall such Ssigns may not be placed in a location, as
'~+~:"~'~ by +~'~ r,;~,, ~ ........ ~';~ '~";~ ; ..... ~' ............ ~. +" that
constitutes a safety hazard or hindrance to pedestrian or vehicular traffic.
(4) 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 from the ground
and shall not be greater than three square feet in area.
(5) Window Signs:
(a)
Plastic, neon, or painted signs may be placed upon windows when limited to
20% of the glass area and when limited to one such sign per main use.
Co)
Paper signs displayed two feet or more from the inside of the glass but which
are visible from the outside shall be limited to 20% of the glass area.
4 ORD. NO. 22-01
(6) Ci_ty 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.
(7) Hours of Operation Sign: A sign denoting hours of operation which are non-
illuminated; have a sign face of less than one square foot; located close to the entry to the business;
and being a flat wall sign.
(8) Nameplates: One nameplate sign per building, not exceeding three square feet in
area, of a noncommercial nature, and bearing the name or street address of the principal occupant.
(9) Home Occupations: One sign per building, not exceeding one square foot, non-
illuminated, and bearing the name of the home occupation.
(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.
(11) 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.
(12) Flags:
(a)
Flags may be displayed on any residential or non-residential parcel of land in
accordance with the following rules:
(1)
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.
(2)
For parcels or developments equal to or greater than one acre in area,
no more than one flag per 14,000 square feet of lot area shall be
allowed.
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 clubs may be displayed at respective meeting sites
during meeting hours.
5 ORD. NO. 22-01
(C---)(E) 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, in Section 4.6.7 is prohibited.
(1) Off-Premise Signs: Which are signs, 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.
(2) Sidewalk and Sandwich Board Signs: Which are signs that are movable and not
secured or attached to the ground except when used in conjunction with Special Events as provided
for in Section a
(43_) Roof Signs: Being a sign erected on the roof, or above the roof line, except that a
sign placed on the face of a parapet wall which does not exceed four feet in height and which forms
a continuous extension of the face of the building shall be considered a roof sign; nor is a mansard
section sign located below the roof line a roof sign.
(~_) Banners and Wind Signs:
(a)
Banners: A sign consisting of characters, letters, illustrations or
ornamentations attached to cloth, paper, or fabric backing used for the
purpose of communicating the presence of a business, the sale of a product,
or the location of a business. For special events, temporary banners may be
flown as provided for in Section 4.6.709-)(F)(3).
Wind Signs: Signs, consisting of one or more banners, pennants, ribbons,
spinners, streamers, balloons, or other objects or material fastened in such a
manner as to move upon being subjected to pressure by wind.
(65_) Vehicular Signs: Being a sign or sign structure attached or affixed in any manner in or
any h 1 d ehi 1 ~'
excluding however, press~e sensitive t~e si~s which are pendently affixed to a vehicle ~d
si~s which ~e p~nted upon, or ma~etic si~s, ~y of which do not exceed eight squ~e feet when
affixed to a ve~cle ...h:~h: ..... 1..1 ...... g :- *"~ no~al co'~se ...... busines: ........... or which
may be required by law; or which ~e affixed to public ~anspo~ation vehicles for business
adve~ising p~oses when the vehicles belong to a duly licensed public ~spo~ation comply.
6 ORD. NO. 22-01
(76_) Waterboume Signs: No sign or advertising ~ shall be displayed on a vessel plying
the waterways, excluding, the identification of the vessel.
(87) 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 ~ ~;~ *'-' '~"~ r-~,.,
(9_8) Balloons: Balloons either as a part of a sign, or as a sign itself, or as a sign structure
are prohibited.
-(O)(F) Signs Requiring Permits:
(1) General: All signs, other than those exempted by Subsection (-B)(D) or prohibited by
Subsection (C--)(E), must obtain a sign permit. Applications for sign permits shall be submitted and
processed pursuant to Section 4.6.7(-1~)(F). Sign permits shall be issued by the Sign Administrator
under the direction of the Chief Building Official for the following:
(a)
Master Sign Program Signs: Individual signs being permitted under the
provisions of an approved Master Sign Program.
(b)
Signs Meeting Standards: Individual signs which conform in all respects to
the provisions of Subsections (-g-)(G), (-r~-)(H), and (COLD or this Section.
(c)
Special Purpose Signs: Which comply with the requirements of Subsection
(2) Master Sign Programs: 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 (-g)(G) and (g-)(H), 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
(B-)(G) and (-FO(H) 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 only by
the Site Plan Review and Appearance Board or the Historic Preservation Board if the project is in a
historic district. After approval of a Master Sign Program, individual signs consistent therewith
shall be administratively approved.
7 ORD. NO. 22-01
(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 limited to a maximum of six per civic organization, church,
or recreational facility and limited to a maximum of four per business or
residential development may be permitted in City street rights-of-way subject
to the approval of the Public Works, Engineering, and Building Departments.
signs located other than on City fights-of-way shall be permitted to continue
at appropriate locations until otherwise notified. The designation of the
maximum number of directional signs is not intended to imply that each
qualifying applicant is entitled to the maximum. The number of directional
signs permitted for each qualifying applicant, up to the maximum, shall
depend upon the needs of the traveling public as determined by the above city
departments. The dimensions of the directional signs shall be eight inches by
30 inches per sign. The signs will be designed and installed in accordance
with City specifications at the expense of the applicant. When directional
signs are located at a street intersection, they shall be placed on the side of the
street opposite the side on which there are street signs.
fo)
Residential Subdivisions: Residential subdivisions containing twenty-five
(25) or more dwelling units may have a maximum of four (4) directional
signs placed in a right-of-way which is located wholly within the subdivision.
Such directional signs shall be limited to eight feet (8') in height, an area
limited to sixteen square feet (16 sq.ft.), nor shall they be greater than four
feet (4') in either width or height. Said sign shall contain information related
only to the internal street system of the subdivision. A permit to work in the
right-of-way must be obtained in addition to a sign permit.
(c)
Standard Street Signs: A subdivision name sign may be placed on a City
street post by City personnel only, provided it is requested through the Public
Works Department and paid for by the party requesting the sign. This sign
shall be identical to the street sign as to color, size, and shape.
(d)
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 in area nor
extend to a greater height than five feet above the ground, and shall be erected
8 ORD. NO. 22-01
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.
(e)
Change to Conform to Height: Signs in violation of this Section as of
December 5, 1985, because they exceed height limitations but which are to be
shortened to conform.
(f)
Real Estate Signs: Real estate signs, provided that the signs do not exceed 32
square feet, are located in commercial or industrial zone districts, and are
limited to no more than one real estate sign per lot. 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" along each street
adjacent to the subject property within commercial or industrial zoned
districts.
(g)
Historic Signing: Signs which are building mounted or free-standing which
provide information of historic value. Said signing shall not exceed six feet
above grade when free-standing and shall not exceed three square feet in area
in any circumstance. Such signing shall not be permitted until approval has
been gained from the Historic Preservation Board.
(h)
Subdivision Entrance Gates Signs: Residential subdivision entrance gates
signs shall be permitted as follows:
(i)
Such signs may be either one double faced sign or two signs where
there are two walls at the entrance and where the sign is permanently
affixed to the walls at each entrance of the subdivision;
(ii) The sign faces shall be no greater than 36 square feet in area;
(iii)
Such subdivision entrance gates signs are permitted within all
residential zoning districts. They are further permitted in any
commercially zoned property which is adjacent to a subdivision in
existence as of July 1, 1988;
(iv)
Such subdivision identification 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
9 ORD. NO. 22-01
or adjacent to the subdivision within the guidelines set forth in
4.6.7(-E-)(G)(3), if such sign was in existence as of July 1, 1988;
(v)
Any such sign erected within a right-of-way or setback shall be at
least ten feet from a paved roadway and signs located within a median
shall be at least five feet from any paved roadway;
(vi)
Any 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;
(vii)
Any signs proposed to be located on adjacent private property shall
have to be approved and permitted by the owners of the adjacent
property on which the sign is to rest. Any such signs lying on private
property shall be considered an additional permitted sign without
regard to other applicable sections of this code;
(viii)
All signs proposed to be located within a right-of-way or median shall
be reviewed and approved by the Community Improvement Director,
or appointed designee for compliance with this section;
(i)
Subdivision/Development Sale Signs: All construction signs and temporary
subdivision identification or sale signs which are freestanding signs require a
permit. Areas under construction shall be allowed one sign per street
frontage with its area not greater than ½ sq.fl, for each linear foot of street
frontage; however, the area shall not exceed 160 sq.ft, per sign face. No sign
shall exceed eighteen feet above grade. Such signs may not be erected more
than 60 days prior to commencement of construction and shall be removed at
such time as the development is completed, terminated, or abandoned
provided however, that such signing shall not remain after one year from
initial erection. Residential rental and leasing signs which do not exceed 24
square feet, nor extend twelve feet above grade may be placed at entries into
residential developments. Said signs shall be permitted for an initial period
of six months. Thereafter, the permit may be extended for additional six
month periods for good cause and upon payment of a renewal fee which shall
be one-half the cost of the initial permit fee.
Special Event Signing: Special signing, in accordance with this Subsection,
may be permitted by the Chief Building Official, or his designee, for special
10 ORD. NO. 22-01
events which are of general benefit, civic or cultural, to the community at
large. Such signing shall be subject to the following standards:
(i) Each sign limited to less than 20 sq.ft, in area;
(ii)
Allowed one week prior to the event and must be removed by the
second day after the event;
(iii)
Bonding or cash sufficient to cover the cost of removal must be
provided;
(k)
Special Notice Board: Any parcel within the Central Business District which
has at least 200 feet of frontage may be permitted to have one permanent,
free-standing sign for the purpose of communicating matters which are of a
general benefit, civic or cultural, to the community at large. The sign may not
exceed 20 sq. ft. in area; shall not have a sign height of more than six feet (6');
and shall not be located any closer than five feet (5') from a property line.
(1)
Grand Opening Signs: One banner or one open flag, maximum flag area of
15 sq.ft., and one sandwich sign may be placed on the premises of a newly
opened business pursuant to the following:
(i)
Display is limited to two weeks prior to opening to two weeks after
opening;
(ii)
Banners shall not exceed an area of 50 sq.ft, and sandwich signs shall
not exceed an area of 20 sq.ft.;
(iii)
Banner height shall not exceed 15', height of sandwich signs shall not
exceed 6';
(iv)
Banner colors shall be white, black, blue, or red, or any combination
thereof;
(v)
Banners shall be made of material which will keep the colors fast,
sandwich signs shall be made of water resistant material;
(vi)
Bonding or cash sufficient to cover the cost of removal may be
required.
11 ORD. NO. 22-01
(m)
Welcoming Signs: Entrance signs at, or near, the City limits upon which may
be listed institutional names, religious institutions, insignia of Civic
organizations, and points of interest.
(n)
Gasoline Prices: Signs may advertise the price of gasoline subject to the
following restrictions:
(i) Not more than 12 sq.ft, per sign face;
(ii) If free standing, it shall not exceed five feet in sign height;
(iii)
If a part of a permanent free standing sign, the price sign shall be
included in the area of the permanent sign;
(iv)
One sign is permitted per frontage with a maximum of two signs per
site;
(v)
Signs placed on pumps shall not exceed 3 sq.ft, per sign face nor a
total of 6 sq.ft, per sign.
(o)
Menu Board Signs: Signs used by businesses used 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 (7) feet in height, and is not greater than twenty four (24) square
feet in size.
(p)
Murals and Signs within Murals: A large painting or drawing affixed to the
wall of a building located in commercially zoned districts may be permitted
by the Chief Building Official following approval by the Site Plan Review
and Appearance 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 does include identification of the establishment or the
goods, products, or services provided on site, only that portion of the mural
which specified such information shall have its area included in the
calculation of the sign area.
(-E)(G) 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 (-E-)(G)(7).
(1) Types of Signs:
12 ORD. NO. 22-01
(2)
(3)
(a)
Wall Sign: A flush mounted sign. There is one sign face for a wall sign. A
wall sign shall not project more than eight inches from the wall upon which it
is mounted. Types of walls signs are canopy signs, mansard signs, and
painted signs.
fo)
Free-Standing Signs: A free-standing sign is not affixed to any other
structure. It may be either a pole sign or a monument sign. Neither the pole
nor the base of the monument shall be considered in calculation of the area of
the sign face. A free-standing sign may not have more than two sign faces.
(c)
Projecting Sign: A sign affixed to a structure and which extends at a right
angle from the building. A projecting sign may not have more than two sign
faces. A projecting sign may not extend more than three feet (3') from the
structure upon which it is affixed.
(d)
Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It
may be rigid or may swing. Such a sign may not have more than two sign
faces.
Sign Area:
(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 logos. 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.
fo)
Conformi _ty with Surroundings: The scale of a 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; but in no case
shall it exceed the height limitations set forth in Subsection (7).
Location and 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
13 ORD. NO. 22-01
(b)
(c)
(d)
(e)
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.
Allowed in Special Setbacks: When considered as part of a site plan
approval, or modification to a site plan, a sign may be located within a special
setback area provided that:
(i)
If the sign is to be located no less than 10 feet nor more than 20 feet
from the right-of-way, the sign height shall not exceed 7', and the sign
area shall not exceed 40 sq.fL
(ii)
If the sign is to be located no less than 20 feet nor more than 30 feet
from the right-of-way, the sign height shall not exceed 14', and the
sign area shall not exceed 96 sq.ft.
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 setback area provided that:
(i) The sign height is not greater than 7';
(ii) The sign area is less than 40 sq.fi.;
(iii)
The sign area for that portion of the sign within the setback area is
less than 20 sq. ft.
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 setback area provided that:
(i) The sign height is not greater than 7';
(ii) The sign area is less than 20 sq.ft.
Safe _ty Determination Required: Whenever consideration is given to locating
a sign within a special setback or the standard ten foot 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.
14 ORD. NO. 22-01
(f)
Removal Agreement Required: Whenever a sign is allowed within a setback
area, 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. A performance bond, or acceptable substitute guarantee,
may be required.
Facing Residential Areas: No sign located on the side or rear of any building
or property may face a contiguous residential area if the sign is located more
than six feet above the ground or is greater than 72 square inches in area.
(h)
(i)
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.
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.
(4) Illumination: Signs may be illuminated directly or indirectly unless specifically
prohibited elsewhere in this Section 4.6.7. In residential areas, all illumination shall be shielded so
that the light is not visible to abutting residences.
(5) Height:
(a)
Basis for Measurement: A sign's height is the vertical distance measured
fi.om the grade of the nearest abutting street to the highest point of the sign or
sign structure.
Conformity with Surroundings: The scale of a sign, in terms of height, shall
be consistent with the scale of the building with which it is associated and the
neighborhood or streetscape where it is to be located; but in no case shall it
exceed the height limitations set forth in Subsection (7).
(6) lds~nd--T~ Restrictions:
15 ORD. NO. 22-01
(al
Restrictions as to Functions: The use of a sign may be restricted to functions
as set forth in Subsection (7) under the column of "otb. er/text",.. .... ,..,
Co_d)
Obscene ~ Signageing: A sign shall not exhibit thereon any lewd,
lascivious, indeeem, or obscene cr irmnoral wordings, character, or
illustration.
(ce) Noise Producing Signs: A sign shall not produce noise or sounds.
Smoke or Odor Producing Signs: A sign shall not produce or emit smoke,
vapor, particles, or odor.
Moving or Rotating Signs: A sign shall not involve motion or rotation of any
part of a sign structure or display.
(_fh)
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 in area.
(7)
Design Standards Matrix: The following matrix sets forth the standards for various
types of sign 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 +.P,/s Section 4.6.7.
16 ORD. NO. 22-01
Section 4.6.7(E-)J_~)(7) Sign Development Standards Matrix
RESIDENTIAL ZONE DISTRICT SIGNING: (R-1 Districts, PRD, RL, RM, RR and AG Districts)
Type of S~gn Quanbty Area (max.) Location* Height W~dth Illumination
(a) Wall only one 20 sq. ft. at least 10' must be shIelded so as not
sign per from any property to be wslble from adjacent
(b) Free-standing lot or parcel 20 sq. ft./face hne _ _ properties
ISiGNING FOR BUSINESSES LOCATED IN RO, OSSHAD, CF AND POD ZONE DISTRICTS
Type of Sign Quanbty Area (max.) Location* Height W~dth Illumination
(a) Wall not more than one of any 30 sq. ft. on building face - _ Allowed
type nor more than two per from building or
(b) Projecting lot, parcel or development 30 sq. ft/face canopy - - Allowed
may be in the front
(c) Free-standing 30 sq. ft./face yard setback 12' 12' Allowed
ISIGNING FOR CHURCHES, REGARDLESS OF ZONE DISTRICT
Type of S~gn Quanbty Area (max.) Location * Height Width Illumination
10% of building face
(a) Wall one per building not to exceed 120 sq. ft. on building face - - Allowed
I 1/2 sq. ft./10'
(b) Free-standing one of frontage - . Allowed
(c) Free-standing
or wall one 20 sq. ft. - Allowed
(d) Free-standing one per additional use 20 sq. ft. 8' Allowed
ISIGNING IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS
Type of Sign I Quant, fy I Area (max.) I Location* I Height I W,dth I Illumination
(a) Wall Signs
on rear of building
(1) rear one per building 9 sq ft. not facing street - Allowed
15% of budding face
(2) major (max. of 12' height, facing each dedicated
identification one per business for computational purposes street frontage
only, t~mes the width)
not to exceed 160 sq. ft. Allowed
(4) d~rectory one per building 24 sq ft. on building face Allowed
on building face or
one per accessory use free standing adjacent
(3) accessory use 10 sq. ft. to building Allowed
from build,rig or under
(b) Projecting one 30 sq. ft. canopy Allowed
under a canopy which
extends store front
(c) Under canopy one per business 4 sq. ft. access Allowed
(d) Directional by entrance but 10'
(traffic) as needed 6 sq. ft. from property hnes 5' Allowed
*one at 1/2 sq. ft. of frontage
(b) Free-standing not to exceed 160 sq. ft.
*each additional limited
one per frontage to 50 sq. ft. 18' Allowed
17 ORD. NO. 22-01
*Free-standing signs must comply with setback requirements of Section 4.6.7(-E-)(G)(3)
-(-FO(H) Aesthetic Qualifications and Standards:
(1) Applicabili _ty: The following subsections describe basic aesthetic qualifications and
standards which apply to signs. The application of these standards to specific types of signs and
their location may be made by the Sign Administrator. Any challenge to a such determination made
by the Sign Administrator shall be heard by the Site Plan Review and Appearance Board or the
Historic Preservation Board as an appeal.
(2) Basis: the aesthetic quality of a building, or indeed 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 mechanical limitations
on signs imposed in Subsections ~E-)(G) and (G-)t!), the following aesthetic considerations must be
met.
(a)
Scale: The scale of the sign must be consistent with the scale of the building
on which it is to be placed or painted and the neighborhood in which it is
located. Scale shall also be considered in terms of Subsection (-ro)(G) with
respect to height and area.
(b)
Garishness: The overall effect of the 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 omamentation.
(c)
Conflict: The colors of a sign shall not conflict with other signs already on
the building or in the immediate vicinity.
(-G-)(I) 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) Wind Loading: Every sign shall be constructed in a manner as to withstand a wind
pressure of 50 pounds per square foot. Sign contractors or the owner shall submit plans showing
location, structural members, and design calculations for wind loading and for signs 32 square feet
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 32 square feet are
submitted.
(2) 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
18 ORD. NO. 22-01
signs attached to buildings or structures with walls of wood. No wall sign shall be entirely
supported by an unbraced parapet wall.
(3) Combustible Materials: No sign constructed of combustible material shall be
attached to any structure or building if the sign has enough area to require a permit.
(a)
Combustible signs up to 50 square feet in area shall be at least 20 feet from
any building or structure.
(b)
Combustible signs from 51 square feet up to 100 square feet in area shall be
at least 40 feet from any building or structure.
(c)
Combustible signs from 101 square feet up to 160 square feet in area shall be
at least 80 feet from any building or structure.
Removal of Nonconforming Signing:
(1) Off-Premises Signs: All off-premises signs, except those specifically allowed by
provisions within this Section 4.6.7, are illegal and are to have been removed by July 4, 1986,
except for such signs which existed prior to annexation which shall be subject to Subsection (4).
(2) Signs Erected Prior to December 18, 1985: But which do not conform to the
requirements of this Section 4.6.7 shall be allowed to remain in accordance with the time limitations
set forth in Subsection (4).
(3) Annexed Signing: When a sign existed upon property which was annexed to the City
subsequent to December 18, 1985, and the sign does not comply with the provisions of this Section
4.6.7, said sign is subject to the removal provisions of nonconforming signs (Subsection 4). If the
applicable time period expires prior to annexation, then the sign must be removed upon annexation.
(4) Time Period for Removal:
(a)
Class 1 Signs: A Class 1 Sign is a sign that conformed with sign regulations
which were in effect on December 18, 1985, but which no longer conforms
with provisions of this Section. Such signs shall be made to conform to the
provisions of this Section 4.6.7 on; or before, July 10, 1991, or be removed at
the owner's expense.
Class 2 Signs: A Class 2 Sign is a sign that was, or would have been, a
nonconforming sign as of December 18, 1985. Such signs shall be made to
19 ORD. NO. 22-01
conform to the provisions of this Section 4.6.7 on, or before, January 1, 1987,
or be removed at the owner's expense.
(5) Removal for Safety Reasons: Notwithstanding the above provisions, any sign which
does not meet the fifty pound per square foot (50 lb/sq.ft.) wind loading standard is declared to be a
dangerous nonconforming sign and shall be removed or made to conform with this requirement
within thirty (30) days of notification of same by the Chief Building Official.
(6) Nonconforming Nostalgic Signs:
(a)
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.
Co)
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 sing be designated as a
"nostalgic sign."
(c)
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.
(d)
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 pubic health, safety, or welfare, the City
Commission, following notification to the owner, may remove the nostalgic
designation and set a date by which the sign must be removed.
(K) Removal and Disposition of Non-complying Signs:
(1) 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.
20 ORD. NO. 22-01
garage sale
provisions:
Banners, temporary_ construction signs, real estate signs, sidewalk or sandwich signs,
signs, and special event signs are subject to removal pursuant to the following
The Ci_ty 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. Therefore, the City Manager is hereby authorized
summarily to remove such signs when unlawfully erected and maintained,
subject to the provisions contained in (b) below.
Alter summary 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 30 days of the date of the notice, and that, if the sign is not
retrieved within 30 days, it will be disposed of by the City. If the sign is
removed from public property_, the party, if any, identified on the sign shall be
notified; if no party is identified on the sign, then no notice prior to
disposition is required. The City shall dispose of all unclaimed signs after the
expiration of the 30-day period.
f.}) Signs and sign structures not subject to removal pursuant to (2) 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 equi _ty to it to
remove signs or sign structures which are or have been unlawfully erected or maintained.
(L) Public Right-of-Way/Public Property_: No sign shall be placed in any public right-of-way or
on any public property, unless otherwise provided for by the Land Development Regulations or Code of
Ordinances of the City of Delray Beach. Signs may not be placed in a location that constitutes a safety
hazard or hindrance to pedestrian or vehicular traffic.
(M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of Delray
Beach shall apply.
CN) Severability: If any word phrase, clause, sentence, or section of this Section is for any
reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining
portions of Section 4.6.7.
21 ORD. NO. 22-01
Section 2. That Appendix A, "Definitions", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
ON-PREMISE SIGN - A sign which may carriesy non-commercial messages as well as commercial
messages ~ strictly incidental to the lawful use of the premise on which it is located, including
signs or sign devices indicating the business transacted, services rendered, goods sold, or produced on the
premises, name of the business, name of the person occupying the premises.
Section 3. 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 affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 4.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith, be, and the same are
Section 5.
and final reading.
That this ordinance shall become effective immediately upon its passage on second
PASSED AND ADOPTED in regular session on second and final reading on this the __ day of
,2001.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
22 ORD. NO. 22-01
A PUBLIC HEA~ING wlfl be Imld on U~e
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STRUCTURES PERMfTTED". SUB-
SECTION 4 4 5(DJ, 'OONDmONAL
USES ANO STRUCTURES N,.LOWED",
NI~NDING SECTION 4 4 6, 'MEDIUM
DENSITY RESIDENTIAL (RM) DIS-
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'PRINCIPAL tL.e~S AND STRUC-
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MERDIN_ (GC) D~TRICT', SUeSEC-
'rloN 449(B), 'PRINCIPAL USES
RND STRUCTURES P~RMiTI~D,
SUBSECTION 44 9(D), "CONDITION-
AL USES ANO STRUCTURES
44.13~ 'CENTRAL BUSINESS
DISTRICT,' SIJ~SECTION 4413 (D)
TURES ALLOWl~', AMENDING SEC-
TION-4417, 'RESIDENTIAL OFRC~
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ALLOWED', AMENDING SECTION
4 421, "COMMUNITY FACIUT1ES (C~
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'PRINCIPAL USES AND STRUC-
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44 21(D), "CONDITIOF, IN. USES AND
STRUCIURES N.LOWED", AMEND-
M6 SECTION 44 24, 'OLD SCHOOL-
SQUARE HISTORIC ARTS DISTRICT
(OSSHAD), SUBSECTION 4424(B),
'PRINCIPAL USES AND STRUC-
TURES', SUBSECTION 44.24(D),
'CONDITIONAL USES AND STRUG-
TIJRES ALLOV~D' T0 PROVIDE FOR
THE REGULATION OE GROUP
AND COMMUNITY RESIDENTIAL
HOMES, PflOVIDING A 6ENERAL
REPEALER CLAUSE, A SAVING
t~t. AUS~ N~ N~I EFFECTIVE DA'I~_
AN ORDINANC~ OF 11~ C{I~ COM-
MISSION OF 1HE CITY OF DELRAY
BEACH, FLORIDA, AMENDING 1t-E
OF TIE CODE OF ORDINANCES O~
~ crlY 0t: DELRAY BEACH FLORI-
DA BY AMENDING APPENDIX
"OERNITIONS", TO Ct_N~IPI' THE
DEFINITION OF "GROUND FLOOR
BUILDING AREA", PROVIDING
GENERAL REPEALER CLAUSE, A
SAVING CCNJSE. ANO AN ERrcCTNE
AN ORDINANCE OF THE CIIY
MISSION OF THE CllY OF DELRAy
l~q 71. 'PARKING REGULATIONS"
OF THE CODE OF ORDINANCES OF
~ DI1Y OF DELRAY B~CH, FLORI-
,..~ ~ 71 070,
IMPOOR~ ~
CLAUSE, A GENERAL REPEALER
AN OR[NN, NdCE OF THE DI1Y COM'
MISSION OF ~ ~ OF DELRAY
BEACH, FLORIDA, ADOPTING COM-
*PREHENSIVE PLAN AMENDMENT
SIONS OF THE 'LOCAL GOVERN-
AqD LAND DEV~LOEMENT REGULA.
110N 163 3161 ~.IROUGH 163.3243,
~, ALL AS MORE PARTICU-
LARLY DESCRIBED IN EXHIBII' 'A'
EI~TLED "COMPREHENSI~ PLAN
NVEflDMENT 2~01-Of AND tt~oR-
FORATED HEREIN BY
PROVIOIt~ A SAVING (;LAUd, A
AN 15':R:-C11',~ DATE
~m bebased Th~ my ~o~s_ne~
sua~to F S 286O1O5
[lTV OF OELRI:IY BEI:IEH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE -
TELEPHONE 561/243-'
44
DELRAY BEACH
AII.Amedca City
199 3
DATE:
TO:
FROM:
March 27, 2001
David Harden, City Mana~v_e_r
Brian Shutt, Assistant City Attorney
Writer's Direct Lille: 2~1Lg4.5-/~I
SUBJECT: Sign Ordinance Revisions
Per our conversation I have made the following revisions to the proposed sign ordinance:
page 4 - Section 4.6.7(D)(3)(e) - revised this section to provide that temporary political
signs are not allowed on public property or public right-of-way.
page 21 - Section 4.6.7(L) - added this section to provide that no other signs are allowed
on public property or in the public right-of-way, unless otherwise provided by the code.
(This was necessary to show that we are not treating commercial spec.ch any better than
non-commercial speech.)
page 22 - struck through the definition of vehicular sign as duplicative of Section
4.6.7(E)(5)
Please call if you have any questions.
Attachment
CC:
Barbara Garito, Acting City Clerk
Lula Butler, Director of Community Improvement
ORDINANCE NO. 22-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 4.6.7, "SIGNS", IN ORDER TO CLARIFY THE
PURPOSE AND TO CLARIFY REGULATIONS RELATING TO NON-
COMMERCIAL SPEECH; REPEALING THE SIGN MATRIX CHART
AND ENACTING A NEW SIGN MATRIX CHART; AMENDING THE
DEFI2XlITION SECTION BY AMENDING THE DEFINITIONS OF ON-
PREMISE SIGN AND VEHICULAR SIGN; PROVIDING FOR
ENFORCEMENT AMENDING CERTAIN RESTRICTIONS;
PROVIDING FOR RELETTERING AND RENUMBERING;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach is committed to the fights of commercial and non-
commercial speakers; and
WHEREAS, the City of Delray Beach never intended that its sign code be interpreted as prohibiting
all or some non-commercial speech; and
WHEREAS, the City of Dekay Beach seeks and has always sought to balance the protections of
speech provided by the First Amendment against the City's interests in promoting aesthetics, safety, health,
morals and general welfare and the assurance of protection of adequate light and air within the City by
regulation of the posting, displaying, erection, use and maintenance of signs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District
Regulations", Section 4.6.7, "Signs", of the Land Development Regulations of the Code of Ordinances is
hereby amended to read as follows:
Section 4.6.7 Signs
(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.
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.
~ 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 subareas.
(3) Preservation ofcommunitVs beauty. Cities such as this which include a beach resort
community as well as major office and industrial parks rely heavily on their natural surroundings and
beautification efforts to retain their economic advantage. This concern is reflected by actively regulating
the appearance and design of signs.
~. ,j,~, Rule: 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 January 1, 1987, which have since become nonconforming shall be allowed to remain in
accordance with the time limitation and structure requirements set forth in Section 4.6.7G4)fJ). All signs
not expressly permitted by Section 4.6.7 are prohibited.
(C) Non-commercial Message: Notwithstanding anghing 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 si.~..
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.
(-B-)(D) Exempt Signs: The following signs are exempt from the provisions of this Section, 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) Real Estate Signs.:
(a)
One sign per lot, the sign being less than three square feet in area on
residentially zoned property;
2 ORD. NO. 22-01
(b)
One additional sign per lot may be erected on a lot which borders a waterway
provided that it is located along the waterways; said sign shall not exceed
nine square feet in area;
(c) One sign per lot, the sign being less than nine square feet in area on
nonresidential zoned property;
(d) All real estate signs shall be non-illuminated;
(e)
The text of real estate signs shall be limited to the phrase "For Sale" or "For
Lease" or "For Rent" and may identify the seller or agent;
(f)
An additional sign, of not greater than three square feet, may be attached to a
real estate sign provided that its text is limited to the words such as "pool" or
"open" or "sold";
(g)
An additional "open house" sign of not more than three square feet in area
may be displayed only during the hours when the house is being shown.
(2) Temporary Construction Signs:
(a)
For renovation work or for new construction where there is a building surface
upon which a sign can be affixed, a non-illuminated wall sign, not exceeding
32 square feet in area may be installed. Said sign shall not be installed more
than 15 days before construction or renovation begins and must be removed
when the project receives a certificate of occupancy or the new business is
opened.
(3) Temporary Political Signs:
(a)
(b)
Any candidate, individual, or organization desiring to erect temporary
political signs shall submit a refundable deposit of $250.00 to the City prior
to erecting any temporary political signs within the city limits, in order to
cover the removal of the signs. The City has the right to retain the deposit if
any political signs erected by the candidate, individual, or organization are
still in place more than 10 days after the date of the election.
No more than two non-illuminated temporary political signs for each
candidate or two such signs for, or against, a referendum issue may be placed
on any parcel or lot. Said signs shall not be so placed more than 90 days prior
to the date of the election or referendum to which said sign is directed.
3 ORD. NO. 22-01
(c)
Each temporary political sign shall be removed within ten days after the date
of election or referendum. In the event that said signs are not removed, the
City may enter upon the property where on the sign is located and remove the
sign ~ ,u ...... ~ ......... , ......... pri by
...... v.,-,v,,~..~ ........... v ..... , provided that or to the removal
the City, the City shall, within the ten day period, send by certified mail,
return receipt requested, to the addresses of the owner of each property where
on the temporary political is located and owner is listed on the current tax
rolls of the County, a notice of noncompliance stating that the City shall
the si~n ~ ~t, ...... ..~ ...............
...... },.,,v,,Lv ....... 'o ..-~v ..... if same is not removed
remove
within the ten day period following the election or referendum. Each sign not
removed prior to expiration of the ten day period shall constitute an
abandoned sign not requiring a heating prior to it removal by the City. :r-he
(d) No temporary political sign shall exceed 12 square feet per sign face in area.
(e)
No temporary political sign shall be placed in any public right-of-way or on
any public property:~ ncr shall sv. ck Ssigns may not be placed in a location, as
.... that
constitutes a safety hazard or hindrance to pedestrian or vehicular traffic.
(4) 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 from the ground
and shall not be greater than three square feet in area.
(5) Window Signs:
(a)
Plastic, neon, or painted signs may be placed upon windows when limited to
20% of the glass area and when limited to one such sign per main use.
(b)
Paper signs displayed two feet or more from the inside of the glass but which
are visible from the outside shall be limited to 20% of the glass area.
4 ORD. NO. 22-01
(6) CiW Signs: Signs for facilities located on City property, or within public fight-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.
(7) Hours of Operation Sign: A sign denoting hours of operation which are non-
illuminated; have a sign face of less than one square foot; located close to the entry to the business;
and being a flat wall sign.
(8) Nameplates: One nameplate sign per building, not exceeding three square feet in
area, of a noncommercial nature, and bearing the name or street address of the principal occupant.
(9) Home Occupations: One sign per building, not exceeding one square foot, non-
illuminated, and bearing the name of the home occupation.
(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.
(11) 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.
(12) Flags:
(a)
Flags may be displayed on any residential or non-residential parcel of land in
accordance with the following rules:
(1)
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.
(2)
For parcels or developments equal to or greater than one acre in area,
no more than one flag per 14,000 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 clubs may be displayed at respective meeting sites
during meeting hours.
5 ORD. NO. 22-01
(-C-)(E) 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, in Section 4.6.7 is prohibited.
(1) Off-Premise Signs: Which are signs, 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.
(2) Sidewalk and Sandwich Board Signs: Which are signs that are movable and not
secured or attached to the ground except when used in conjunction with Special Events as provided
for in Section a
w.V.IK.L.~'}~...~]~
(43) Roof Signs: Being a sign erected on the roof, or above the roof line, except that a
sign placed on the face of a parapet wall which does not exceed four feet in height and which forms
a continuous extension of the face of the building shall be considered a roof sign; nor is a mansard
section sign located below the roof line a roof sign.
(~_) Banners and Wind Signs:
(a)
Banners: A sign consisting of characters, letters, illustrations or
ornamentations attached to cloth, paper, or fabric backing used for the
purpose of communicating the presence of a business, the sale of a product,
or the location of a business. For special events, temporary banners may be
flown as provided for in Section 4.6.7(-t9-)(1:)(3).
(b)
Wind Signs: Signs, consisting of one or more banners, pennants, ribbons,
spinners, streamers, balloons, or other objects or material fastened in such a
manner as to move upon being subjected to pressure by wind.
(65) Vehicular Signs: Being a sign or sign structure attached or affixed in any manner in or
to any wheele vehicle ....... v~v ................ ~, ....................... r:,- ....... ,
excluding however, pressure sensitive type signs which are permanently affixed to a vehicle and
signs which are painted upon, or magnetic signs, any of which do not exceed eight square feet when
may be required by law; or which are affixed to public transportation vehicles for business
advertising purposes when the vehicles belong to a duly licensed public transportation company.
6 ORD. NO. 22-01
(g6) Waterbourne Signs: No sign or advertising ~ shall be displayed on a vessel plying
the waterways, excluding, the identification of the vessel.
(g7) 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 flee 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
(98) Balloons: Balloons either as a part of a sign, or as a sign itself, or as a sign structure
are prohibited.
-(-D-)(F) Signs Requiring Permits:
(1) General: All signs, other than those exempted by Subsection 0?,-)(D) or prohibited by
Subsection ~G-)(E), must obtain a sign permit. Applications for sign permits shall be submitted and
processed pursuant to Section 4.6.7(D)(F). Sign permits shall be issued by the Sign Administrator
under the direction of the Chief Building Official for the following:
(a)
Master Sign Program Signs: Individual signs-being permitted under the
provisions of an approved Master Sign Program.
(b)
Signs Meeting Standards: Individual signs which conform in all respects to
the provisions of Subsections (-E,-)(G),t.fmt~4~/~,, and (-G-)(I) or this Section.
(c)
Special Purpose Signs: Which comply with the requirements of Subsection
0~)(F)(3).
(2) Master Sign Programs: 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 (E)(G) and (-FO(H), 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
(-E~-)(G) and ¢r-)(H) 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 only by
the Site Plan Review and Appearance Board or the Historic Preservation Board if the project is in a
historic district. After approval of a Master Sign Program, individual signs consistent therewith
shall be administratively approved.
7 ORD. NO. 22-01
(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 limited to a maximum of six per civic organization, church,
or recreational facility and limited to a maximum of four per business or
residential development may be permitted in City street rights-of-way subject
to the approval of the Public Works, Engineering, and Building Departments.
signs located other than on City rights-of-way shall be permitted to continue
at appropriate locations until otherwise notified. The designation of the
maximum number of directional signs is not intended to imply that each
qualifying applicant is entitled to the maximum. The number of directional
signs permitted for each qualifying applicant, up to the maximum, shall
depend upon the needs of the traveling public as determined by the above city
departments. The dimensions of the directional signs shall be eight inches by
30 inches per sign. The signs will be designed and installed in accordance
with City specifications at the expense of the applicant. When directional
signs are located at a street intersection, they shall be placed on the side of the
street opposite the side on which there are street signs.
(b)
Residential Subdivisions: Residential subdivisions containing twenty-five
(25) or more dwelhng units may have a maximum of four (4) directional
signs placed in a right-of-way which is located wholly within the subdivision.
Such directional signs shall be limited to eight feet (8') in height, an area
limited to sixteen square feet (16 sq.fi.), nor shall they be greater than four
feet (4') in either width or height. Said sign shall contain information related
only to the internal street system of the subdivision. A permit to work in the
right-of-way must be obtained in addition to a sign permit.
(c)
Standard Street Signs: A subdivision name sign may be placed on a City
street post by City personnel only, provided it is requested through the Public
Works Department and paid for by the party requesting the sign. This sign
shall be identical to the street sign as to color, size, and shape.
(d)
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 in area nor
extend to a greater height than five feet above the ground, and shall be erected
8 ORD. NO. 22-01
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.
(e)
Change to Conform to Height: Signs in violation of this Section as of
December 5, 1985, because they exceed height limitations but which are to be
shortened to conform.
(f)
Real Estate Signs: Real estate signs, provided that the signs do not exceed 32
square feet, are located in commercial or industrial zone districts, and are
limited to no more than one real estate sign per lot. 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" along each street
adjacent to the subject property within commercial or industrial zoned
districts.
(g)
Historic Signing: Signs which are building mounted or free-standing which
provide information of historic value. Said signing shall not exceed six feet
above grade when flee-standing and shall not exceed three square feet in area
in any circumstance. Such signing shall not be permitted until approval has
been gained from the Historic Preservation Board.
(h)
Subdivision Entrance Gates Signs: Residential' subdivision entrance gates
signs shall be permitted as follows:
(i)
Such signs may be either one double faced sign or two signs where
there are two walls at the entrance and where the sign is permanently
affixed to the walls at each entrance of the subdivision;
(ii) The sign faces shall be no greater than 36 square feet in area;
(iii)
Such subdivision entrance gates signs are permitted within all
residential zoning districts. They are further permitted in any
commercially zoned property which is adjacent to a subdivision in
existence as of July 1, 1988;
(iv)
Such subdivision identification 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
9 ORD. NO. 22-01
(i)
(J)
or adjacent to the subdivision within the guidelines set forth in
4.6.7(-E-)(G)(3), if such sign was in existence as of July 1, 1988;
(v)
Any such sign erected within a fight-of-way or setback shall be at
least ten feet from a paved roadway and signs located within a median
shall be at least five feet fi.om any paved roadway;
(vi)
Any signs approved for location within the right-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 right-of-way or median to erect the sign in a requested
and approved location;
(vii)
Any signs proposed to be located on adjacent private property shall
have to be approved and permitted by the owners of the adjacent
property on which the sign is to rest. Any such signs lying on private
property shall be considered an additional permitted sign without
regard to other applicable sections of this code;
(viii) All signs proposed to be located within a right-of-way or median shall
be reviewed and approved by the Community Improvement Director,
or appointed designee for compliance with this section;
Subdivision/Development Sale Signs: All construction signs and temporary
subdivision identification or sale signs which are freestanding signs require a
permit. Areas under construction shall be allowed one sign per street
frontage with its area not greater than V~ sq.fi, for each linear foot of street
frontage; however, the area shall not exceed 160 sq.ft, per sign face. No sign
shall exceed eighteen feet above grade. Such signs may not be erected more
than 60 days prior to commencement of construction and shall be removed at
such time as the development is completed, terminated, or abandoned
provided however, that such signing shall not remain after one year from
initial erection. Residential rental and leasing signs which do not exceed 24
square feet, nor extend twelve feet above grade may be placed at entries into
residential developments. Said signs shall be permitted for an initial period
of six months. Thereafter, the permit may be extended for additional six
month periods for good cause and upon payment of a renewal fee which shall
be one-half the cost of the initial permit fee.
Special Event Signing: Special signing, in accordance with this Subsection,
may be permitted by the Chief Building Official, or his designee, for special
10 ORD. NO. 22-01
events which are of general benefit, civic or cultural, to the community at
large. Such signing shall be subject to the following standards:
(i) Each sign limited to less than 20 sq.ft, in area;
(ii)
Allowed one week prior to the event and must be removed by the
second day after the event;
(iii)
Bonding or cash sufficient to cover the cost of removal must be
provided;
Special Notice Board: Any parcel within the Central Business District which
has at least 200 feet of frontage may be permitted to have one permanent,
free-standing sign for the purpose of communicating matters which are of a
general benefit, civic or cultural, to the community at large. The sign may not
exceed 20 sq.ft, in area; shall not have a sign height of more than six feet (6');
and shall not be located any closer than five feet (5') from a property line.
(l)
Grand Opening Signs: One banner or one open flag, maximum flag area of
15 sq.ft., and one sandwich sign may be placed on the premises of a newly
opened business pursuant to the following:
(i)
Display is limited to two weeks prior to 'opening to two weeks after
opening;
(ii)
Banners shall not exceed an area of 50 sq.ft, and sandwich signs shall
not exceed an area of 20 sq.ff.;
(iii)
Banner height shall not exceed 15', height of sandwich signs shall not
exceed 6';
(iv)
Banner colors shall be white, black, blue, or red, or any combination
thereof;
(v)
Banners shall be made of material which will keep the colors fast,
sandwich signs shall be made of water resistant material;
(vi)
Bonding or cash sufficient to cover the cost of removal may be
required.
11 ORD. NO. 22-01
(m)
Welcoming Signs: Entrance signs at, or near, the City limits upon which may
be listed institutional names, religious institutions, insignia of Civic
organizations, and points of interest.
(n)
Gasoline Prices: Signs may advertise the price of gasoline subject to the
following restrictions:
(i) Not more than 12 sq.ft, per sign face;
(ii) If free standing, it shall not exceed five feet in sign height;
(iii)
If a part of a permanent free standing sign, the price sign shall be
included in the area of the permanent sign;
(iv)
One sign is permitted per frontage with a maximum of two signs per
site;
(v)
Signs placed on pumps shall not exceed 3 sq.ft, per sign face nor a
total of 6 sq.ft, per sign.
(o)
Menu Board Signs: Signs used by businesses used 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 (7) feet in height, and is not greater than twenty four (24) square
feet in size.
(p)
Murals and Signs within Murals: A large painting or drawing affixed to the
wall of a building located in commercially zoned districts may be permitted
by the Chief Building Official following approval by the Site Plan Review
and Appearance 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 does include identification of the establishment or the
goods, products, or services provided on site, only that portion of the mural
which specified such information shall have its area included in the
calculation of the sign area.
~t?(G)~ 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 (E)(G)(7).
(1) Types of Signs:
12 ORD. NO. 22-01
(2)
(3)
(a)
Wall Sign: A flush mounted sign. There is one sign face for a wall sign. A
wall sign shall not project more than eight inches from the wall upon which it
is mounted. Types of walls signs are canopy signs, mansard signs, and
painted signs.
(b)
Free-Standing Signs: A free-standing sign is not affixed to any other
structure. It may be either a pole sign or a monument sign. Neither the pole
nor the base of the monument shall be considered in calculation of the area of
the sign face. A free-standing sign may not have more than two sign faces.
(c)
Projecting Sign: A sign affixed to a structure and which extends at a right
angle from the building. A projecting sign may not have more than two sign
faces. A projecting sign may not extend more than three feet (3') from the
structure upon which it is affixed.
(d)
Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It
may be rigid or may swing. Such a sign may not have more than two sign
faces.
Sign Area:
(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 logos. 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)
Conformity with Surroundings: The scale of a 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; but in no case
shall it exceed the height limitations set forth in Subsection (7).
Location and 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
13 ORD. NO. 22-01
(b)
(c)
(d)
(e)
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.
Allowed in Special Setbacks: When considered as part of a site plan
approval, or modification to a site plan, a sign may be located within a special
setback area provided that:
(i)
If the sign is to be located no less than 10 feet nor more than 20 feet
from the right-of-way, the sign height shall not exceed 7', and the sign
area shall not exceed 40 sq. ft.
(ii)
If the sign is to be located no less than 20 feet nor more than 30 feet
from the right-of-way, the sign height shall not exceed 14', and the
sign area shall not exceed 96 sq.ft.
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 setback area provided that:
(i) The sign height is not greater than 7';
(ii) The sign area is less than 40 sq.ff.;
(iii)
The sign area for that portion of the sign within the setback area is
less than 20 sq. ft.
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 setback area provided that:
(i) The sign height is not greater than 7';
(ii) The sign area is less than 20 sq.ff.
Safety Determination Required: Whenever consideration is given to locating
a sign within a special setback or the standard ten foot 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.
14 ORD. NO. 22-01
(f)
Removal Agreement Required: Whenever a sign is allowed within a setback
area, 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. A performance bond, or acceptable substitute guarantee,
may be required.
(g)
Facing Residential Areas: No sign located on the side or rear of any building
or property may face a contiguous residential area if the sign is located more
than six feet above the ground or is greater than 72 square inches in area.
(h)
(i)
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.
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.
(4) Illumination: Signs may be illuminated directly or indirectly unless specifically
prohibited elsewhere in this Section 4.6.7. In residential areas, all illumination shall be shielded so
that the light is not visible to abutting residences.
(5) Height:
(a)
Basis for Measurement: A sign's height is the vertical distance measured
from the grade of the nearest abutting street to the highest point of the sign or
sign structure.
fo)
Conformity with Surroundings: The scale of a sign, in terms of height, shall
be consistent with the scale of the building with which it is associated and the
neighborhood or streetscape where it is to be located; but in no case shall it
exceed the height limitations set forth in Subsection (7).
(6) ~ Restrictions:
15 ORD. NO. 22-01
(a)
Restrictions as to Functions: The use of a sign may be restricted to functions
as set forth in Subsection (7) under the column of "other/text" c,r as
,~u,~+~.~ ..-.~, ,~,~ ~^~ .... "type of sign".
Cb_d)
Obscene tmteeem Signagei~: A sign shall not exhibit thereon any lewd,
lascivious, imleeem, or obscene ^- ; ..... ~ ..... '~;-~'~ character, or
illustration.
(ce) Noise Producing Signs: A sign shall not produce noise or sounds.
(_dO
Smoke or Odor Producing Signs: A sign shall not produce or emit smoke,
vapor, particles, or odor.
Moving or Rotating Signs: A sign shall not involve motion or rotation of any
part of a sign structure or display.
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 in area.
(7)
Design Standards Matrix: The following matrix sets forth the standards for various
types of sign 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 tP,/s Section 4.6.7.
16 ORD. NO. 22-01
Section 4.6.7(E--)(G)(7) Sign Development Standards Matdx
IRESIDENTIAL ZONE DISTRICT SIGNING: (R-1 D~stricts, PRD, RL, RM, RR and AG Districts)
Type of S,gn Quantity Area (max.) Location * Height Width Illumination
(a) Wall only one 20 sq. ft. at least 10' must be shielded so as not
sign per from any property to be visible from adjacent
(b) Free-standing lot or parcel 20 sq. ff./face line properties
ISlGNING FOR BUSINESSES LOCATED IN RO, OSSHAD, CF AND POD ZONE DISTRICTS
Type of Sign Quantity Area (max.) Location * Height Width Illumination
(a) Wall not more than one of any 30 sq. ft. on building face Allowed
type nor more than two per from budding or
(b) Projecting lot, parcel or development 30 sq ft./face canopy Allowed
may be in the front
(c) Free-standing 30 sq. ft/face yard setback 12' 12' Allowed
ISlGNING FOR CHURCHES, REGARDLESS OF ZONE DISTRICT
Type of Sign Quantity Area (max.) Location * Height Width Illumination
10% of budding face
(a) Wall one per building not to exceed 120 sq. ft. on building face Allowed
I 1/2 sq. ft./10'
(b) Free-standing one of frontage Allowed
(c) Free-standing
or wall one 20 sq. ft. Allowed
(d) Free-standing one per additional use 20 sq. ff 8' Allowed
ISIGNING IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS
Type of Sign I Quantity I Area (max.) J Locatmn' I Height I Width ] Ilium,nation
(a) Wall Signs
on rear of budding
(1) rear, one per building 9 sq. ft. not facing street Allowed
15% of building face
(2) major (max. of 12' height, facing each dedicated
identification one per business for computabonal purposes street frontage
only, times the width)
not to exceed 160 sq. ft. Allowed
(4) directory one per building 24 sq. ft. on building face - Allowed
on building face or
one per accessory use free standing adjacent
(3) accessory use 10 sq. ft. to building - - Allowed
from building or under
(b) Projecting one 30 sq. ft. canopy - Allowed
under a canopy which
extends store front
(c) Under canopy one per business 4 sq. ft. access - - Allowed
(d) Directional by enb'ance but 10'
(traffic) as needed 6 sq ft. from property lines 5' - Allowed
*one at 1/2 sq. ff. of frontage
(b) Free-standing not to exceed 160 sq. ft.
*each additional limited
one per frontage to 50 sq. ft. 18' Allowed
17 ORD. NO. 22-01
*Free-standing signs must comply with setback requirements of Section 4 6.7(E)(G)(3)
-(-F)(H) Aesthetic Qualifications and Standards:
(1) Applicability: The following subsections describe basic aesthetic qualifications and
standards which apply to signs. The application of these standards to specific types of signs and
their location may be made by the Sign Administrator. Any challenge to a such determination made
by the Sign Administrator shall be heard by the Site Plan Review and Appearance Board or the
Historic Preservation Board as an appeal.
(2) Basis: the aesthetic quality of a building, or indeed of an entire neighborhood, is
materially affected by achieving v~sual 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 mechanical limitations
on signs imposed in Subsections (E)(G) and~,.,j,~,,r~tn the following aesthetic considerations must be
met.
(a)
Scale: The scale of the sign must be consistent with the scale of the building
on which it is to be placed or painted and the neighborhood in which it is
located. Scale shall also be considered in terms of Subsection (E)(G) with
respect to height and area.
(b)
(c)
Garishness: The overall effect of the 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.
Conflict: The colors of a sign shall not conflict with other signs already on
the building or in the immediate vicinity.
(G-)(I) 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) Wind Loading: Every sign shall be constructed in a manner as to withstand a wind
pressure of 50 pounds per square foot. Sign contractors or the owner shall submit plans showing
location, structural members, and design calculations for wind loading and for signs 32 square feet
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 32 square feet are
submitted.
(2) Securing Si_gu'ts: 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
18 ORD. NO. 22-01
signs attached to buildings or structures with walls of wood. No wall sign shall be entirely
supported by an unbraced parapet wall.
(3) Combustible Materials: No sign constructed of combustible material shall be
attached to any structure or building if the sign has enough area to require a permit.
(a)
Combustible signs up to 50 square feet in area shall be at least 20 feet from
any building or structure.
Combustible signs from 51 square feet up to 100 square feet in area shall be
at least 40 feet from any building or structure.
(c)
Combustible signs from 101 square feet up to 160 square feet in area shall be
at least 80 feet from any building or structure.
Removal of Nonconforming Simfine:
(1) Off-Premises Signs: All off-premises signs, except those specifically allowed by
provisions within t?,/s Section 4.6.7, are illegal and are to have been removed by July 4, 1986,
except for such signs which existed prior to annexation which shall be subject to Subsection (4).
(2) Signs Erected Prior to December 18, 1985: But which do not conform to the
requirements of this Section 4.6.7 shall be allowed to remain in accordance with the time limitations
set forth in Subsection (4).
(3) Annexed Signing: When a sign existed upon property which was annexed to the City
subsequent to December 18, 1985, and the sign does not comply with the provisions of this Section
4.6.7, said sign is subject to the removal provisions of nonconforming signs (Subsection 4). If the
applicable time period expires prior to annexation, then the sign must be removed upon annexation.
(4) Time Period for Removal:
(a)
Class 1 Signs: A Class 1 Sign is a sign that conformed with sign regulations
which were in effect on December 18, 1985, but which no longer conforms
with provisions of this Section. Such signs shall be made to conform to the
provisions of this Section 4.6.7 on; or before, July 10, 1991, or be removed at
the owner's expense.
Class 2 Signs: A Class 2 Sign is a sign that was, or would have been, a
nonconforming sign as of December 18, 1985. Such signs shall be made to
19 ORD. NO. 22-01
conform to the provisions of this Section 4.6.7 on, or before, January 1, 1987,
or be removed at the owner's expense.
(5) Removal for Safety Reasons: Notwithstanding the above provisions, any sign which
does not meet the fifty pound per square foot (50 lb/sq.ft.) wind loading standard is declared to be a
dangerous nonconforming sign and shall be removed or made to conform with this requirement
within thirty (30) days of notification of same by the Chief Building Official.
(6) Nonconforming Nostalgic Signs:
(a)
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.
Co)
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 sing be designated as a
"nostalgic sign."
(c)
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.
(d)
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 pubic health, safety, or welfare, the City
Commission, following notification to the owner, may remove the nostalgic
designation and set a date by which the sign must be removed.
(K). Removal and Disposition of Non-complying Signs:
(1) 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.
20 ORD. NO. 22-01
(2)
garage sale
provisions:
Banners, temporary construction signs, real estate signs, sidewalk or sandwich .signs,
signs, and special event signs are subject to removal pursuant to the following
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. Therefore, the City Manager is hereby authorized
summarily to remove such signs when unlawfully erected and maintained,
subiect to the provisions contained in Co) below.
Co)
After summary removal of a sign pursuant to this section, a notice will be
sent, either in person or by first-class postage, vrepaid, 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 30 days of the date of the notice, and that, if the sign is not
retrieved within 30 days, it will be disposed of by the City. If the sign is
removed fi'om public property, the party, if any, identified on the sign shall be
notified; if no party is identified on the sign, then no notice prior to
disposition is required. The City shall dispose of all unclaimed signs after the
expiration of the 30-day period.
(3) Signs and sign structures not subject to removal pursuant to (2) 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.
(L) Public Right-of-Way/Public Property: No sign shall be placed in any public right-of-way or
on any public property, unless otherwise provided for by the Land Development Regulations or Code of
Ordinances of the City of Delray Beach. Signs may not be placed in a location that constitutes a safety
hazard or hindrance to pedestrian or vehicular traffic.
(M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of Delray
Beach shall apply.
OxY) Severability: If any word phrase, clause, sentence, or section of this Section is for any
reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining
portions of Section 4.6.7.
21 ORD. NO. 22-01
Section 2. That Appendix A, "Definitions", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
ON-PREMISE SIGN - A sign which may carriesj/non-commercial messages as well as commercial
messages,..~'~-'~'-~;~;"~.....o._e, strictly incidental to the lawful use of the premise on which it is located, including
signs or sign devices indicating the business transacted, services rendered, goods sold, or produced on the
premises, name of the business, name of the person occupying the premises.
Section 3. 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 affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 4.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith, be, and the same are
Section 5.
and final reading.
That this ordinance shall become effective immediately upon its passage on second
PASSED AND ADOPTED in regular session on second and final reading on this the __ day of
., 2001.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
22 ORD. NO. 22-01