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106-88 ORDINANCE NO. 106- 88 AN ORDINANCE OF TH~ CITY COMMISSION OF TH~ CITY OF DBLRAY BBACB, FLORIDA, AMENDING TITLE 15, "BUILDING REGULATIONS", CHAPTER 16l, "SIGN~ AND BILLBOARDS", SECTIO~ 162.055, "CLEARANCE HEI~ AND SETBACKS", OF TH~ CODE OF ORDINANCES OF THE CIT~ OF D~LRAY BEACH, FLORIDA, BY ENACTING A NE~ sUBSECTION (4) TO REGULATH TH~ SIZE OF SIGNS PERMITTED W~THIN SPECIAL SETBACK AREAS; PROVIDING A SAVING CLAUSE; PROVIDING " A GENERAL REPEALER CLAUSE AN~ PROVIDING AN BFPECTrVE DATE. NOW, THEREFORe, BE IT ORDAINED BY ~ CITY co~ssIOW oP T~ CITY OF D~LRA~ B_~AC~ AS POLLOWS: Section 1.'. That Title 15, "Building Reg~latiou=', S~cion 162.055, "Clearance Height and Setbacks",~. o~ the Code of the City of Delray Beach, Florida be in the same is hereb~ enacting a new subsection (4) to read. as. follows: ' (4) In an area which has special setback~ designatod for the street or zoning district subject to. Section 162.020 an applicant who wishes to construct a freestanding sign,- which is the sole identification sign on the premises maF construct such sign within the special se~bac~ area but no closer ~han 10 feet from the right-of-way i£ 'the sign does. no~ exceod 7 feet in height nor 40 square, feet per sign face. Such application shall be further expressly subject to approval, by the City after the City determines that the placement of the sign and the requested location does not present a hazard to pedestrians or vehicular traffic. An applicant who has ~ permission to erect a sign within said special setback, shall be requirod to sign an agreement which shall be countersigned b~ the .property owner indicating that it is the obligation the~' owner of the sign or property owner to relocate the sign at such time as the City determine~ additional right-of-way or setback, is required for City purposes. The City may also require insurance or bonds in specific .. circumstances. An applicant who wishes to construct a sign within 10 feet o£ the right-of-way may do so subject to the provisions o~ Sec~_~on 162.055(b) (2). Section 2. That should any section or provision o£ this ordinance or any. portion thereo~, any paragraph, sentence, or word be declared by a court of competent jurisdictio~ to be. invalid, such decision shall not affect the validity o~ the remainder herec~ as a whole or part thereo~ other than the part declared to be invalid. Section 3. That all ordinances or parts' of ordinances which are i~ conflict herewith are hereby repealod. Section 4. That this. ordinance, shall become e£fective ten (10] days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second reading on this the ~ day of ~ ATTEST: First Reading Auou~t 9. Second Reading Auaust 2~-