37-86 ORDINANCE NO. 37-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND
CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE VIII,
"SIGNS AND BILLBOARDS", AND ENACTING A NEW ARTICLE VIII,
"SIGNS AND BILLBOARDS", TO PROVIDE FOR TITLE, PURPOSE,
CONSTRUCTION OF LANGUAGE, EFFECT OF CONFLICT WITH
STANDARD BUILDING CODE, PERMITS REQUIRED, EXCEPTIONS,
PERMIT APPLICATIONS, PERMIT AND REINSPECTION FEE,
ISSUANCE OF PERMITS, NUMBERING, CONTENTS OF PERMITS,
LICENSE PREREQUISITE TO ISSUANCE OF PERMIT, SIGNS TO
BEAR PERMIT NUMBER, CERTAIN SIGNS OR STRUCTURES
PROHIBITED, AESTHETIC REGULATIONS, SIGNS PERMITTED AND
REGULATED, SPECIAL SIGNS, CLEARANCE HEIGHT AND
SETBACKS, RIGID CONSTRUCTION, WIND LOADING, HAZARDOUS
SIGNS AND MATERIALS, MISLEADING ADVERTISING, REMOVAL
WHEN BUSINESS DISCONTINUED, AUTHORITY TO INSPECT,
ORDER CORRECTIONS, NONCONFORMING SIGNS, PROCEDURE ON
VIOLATIONS, UNSAFE SIGNS, AND EMERGENCY POWERS; PROVID-
ING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 9, "Buildings and Construction", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
by repealing Article VIII, "Signs and Billboards", and enacting a new Article VIII,
"Signs and Billboards", to read as follows:
ARTICLE VIII. SIGNS AND BILLBOARDS
Sec. 9-195. Short title.
The short title by which this article shall be known shall be "The Delray Beach
Sign Ordinance."
Sec. 9-196. Purpose.
(a) It shall be the purpose of this article to promote the 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.
(b) Ail signs requiring a permit are subject to the approval of the community
appearance board as provided for under section 9-209, except as otherwise provided in
this Article VIII, which may be approved by the designated inspector of the building
department. Notwithstanding any other provision to the contrary, signs having a sign
face in excess of thirty-two (32) square feet shall be subject to community appearance
board approval.
Sec. 9-197. Construction of language.
The following rules shall apply in the construction of this article:
(a) The word "includes" shall not limit a term to the specified examples, but is
intended to extend its meanings to all other instances or circumstances of like
kind or character.
(b) The phrase "used for" includes "arranged for," "design for," "maintained
for" or "occupied for."
(c) A "building" or "structure" includes any part attached thereto.
Sec. 9-198. Definitions.
Abandoned sign: A sign is considered abandoned if a business advertised on that
sign is no longer licensed, no longer has a certificate of occupancy or is no longer
doing business at that location.
Advertising structure: Any structure erected for advertising purposes, with or
without any advertisement display thereon, situated upon or attached to real property,
upon which any poster, bill, printing, painting, device or other advertisement may be
placed, posted, painted, tacked, nailed or otherwise fastened, affixed or displayed;
provided, however, that said term shall not include buildings.
Accessory use sign: Sign located in a residential, commercial or industrial project
where more than one building or use at the same site is under the control of the same
owner or tenant. The sign shall be used only for the purpose of identifying the name
of or use of the accessory building.
Banner: A sign having the characters, letters, illustrations, or ornamentations
applied to cloth, paper or fabric of any kind with only such material for a backing.
"Banner" shall including any animated and/or fluttering devices designed to attract
attention.
Building official: The officer or other person charged with the administration and
enforcement of this article or his duly authorized representative.
Canopy sign: A sign placed upon the front of a canopy. Canopy sign under, is
a sign placed on the portion of the building which is under the canopy.
Changeable copy sign: A sign of permanent character, but with removable letters,
words or numerals, indicating the names or persons associated with, or events con-
ducted upon, involving civil, community and cultural activities, the premises upon
which such a sign is maintained.
Combustible sign: Any sign or sign structure which has an internal electrical
circuit which may ignite or support flames and which has a low flame point. Prime
examples of combustible signs would be wood, cloth, etc.
Directional sign:
(a) On-premise incidental signs designated to guide or direct pedestrians or
vehicular traffic.
(b) Signs erected or permitted by the city, Palm Beach County, the State of
Florida, or the United States government or agency thereof {or the direction
or safety of the public.
(c) A sign, notice or symbol as to the time and place of regular civic meetings
and religious activities and services.
Directory sign: Any sign which gives the name and/or occupation of the
occupants of the building or gives the use of the building including office building
directories, church directories and apartment house directories. When an identification
of an entity is placed on a common directory board with identical uniform style and size
of letter, such identity shall not be defined as a separate sign but shall be considered
as a part of the directory sign.
Double-faced sign: A sign with two (2) faces which are usually, but not
necessarily, parallel.
Electrical sign: A sign or sign structure in which integral electric wiring,
connections and/or fixtures are used as part of the sign proper.
2 ORD. NO. 37-86
Entrance gates: An identification structure located along the main access to a
city-approved subdivision or commercial development and necessary directional signs.
Facade: That portion of any exterior elevation of a building extending from grade
to the top of the parapet wall or eaves and the entire width of the building elevation.
Fixed projection sign: A sign, other than a fiat sign, which extends perpen-
dicular from the facade of any building and is rigidly affixed thereto.
Flat sign: A sign erected parallel to and extending not more than eight (8) inches
from the facade of any building.
Free-standing sign: A detached sign which shall include any signs supported by
uprights or braces placed upon or in or supported by the ground and not attached to
any building; shall include pole signs and ground signs.
Frontage: The length of a property line along a public right-of-way which is
selected as the sign location.
Frontage wall face: The building facade, including parapet and facia, excluding
soffit, mansard and roof, which faces a frontage of the premises.
Height of sign: The vertical distance measured from eighteen inches (18") above
the grade of the nearest abutting right-of-way. In instances of severely artificial road
elevations the final decision will remain with the Building Official or his/her designee.
Historical identification sign: A sign which contains only historical information of
general interest concerning the building or site upon which it is placed.
Home occupation nameplate or sign: A sign not more than one square foot in area.
Identification sign: A sign, other than a bulletin board sign, or nameplate sign,
indicating the name of the primary use, the name or address of a building, or the name
of the management thereof.
Illuminated sign: A sign in which a source of light is used in order to make the
message readable and shall include internally and externally lighted signs.
Inspector: A city employee working as an inspector under the authority and
direction of the city building official.
Instructional sign: A sign conveying instructions with respect to the premises on
which it is maintained, such as the entrance or exit of a parking area, a no trespassing
sign, a danger sign and similar signs.
Logo: A symbol bearing the name or initials of a company or business.
Mansard: A roof with a pitch greater than eight inches (8") vertically for every
twelve inches (12") horizontally and which is attached to the side of a building' for
decorative purposes.
Nonconforming sign, class 1 and class 2: A sign or advertising structure existing
within the incorporated area on December 18, 1985, which, by its height, square foot
area, location, use or structural support did not conform to the requirements of the
Code prior to the effective date of this ordinance shall hereafter be termed nonconform-
ing, class 2; a sign or advertising structure existing within the incorporated area on
July 10, 1986, which, by its height, square foot area, location, use or structural
support did conform to the requirements of the Code on December 18, 1985, but which
do not after adoption of this ordinance shall hereafter be termed nonconforming,
class 1.
Off-premise sign: A sign, including building signs, advertising an establishment,
merchandise, service or entertainment, which is sold, produced, manufactured, and/or
furnished at a place other than the property on which said sign is located.
3 ORD. NO. 37-86
On-premise sign: A sign which carries only advertising 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.
Painted wail sign: A sign painted on any outside wall or roof or on glass of any
building.
Parapet: A false front or wail extension above the roof line.
Perimeter: The whole outer boundary of any structure designated as a sign.
Political sign: See temporary political sign.
Premises: The real property which is involved by the sign or signs mentioned in
this article.
Public right-of-way line: The line where the property meets the public
right-of-way at a public street or public waterwa~r.
Real estate sign: Any sign erected by an owner or his agent, advertising the real
property upon which the sign is located as for rent or sale.
Real property: The portion of land and/or buildings contained in a legal descrip-
tion setting forth the boundaries of such property and legally acknowledged under the
laws of the State of Florida and Palm Beach County.
Roof sign: A sign erected on the roof, or above the roof line, except that a sign
placed on the face of a parapet wail which does not exceed four (4) feet in height and
which forms a continuous extension of the face of the building shall not be considered a
roof sign. In addition, a mansard section sign below the roof line is not a roof sign.
Shopping center: A group of commercial predominately retail or service establish-
ments planned, developed, managed and operated as a unit and which utilizes a common
parking area.
Sidewalk or sandwich sign: A movable sign not secured or attached to the
ground.
Sign: A device or representation for visual communication that is used for the
purpose of bringing the subject thereof to the attention of others.
Sign area: Where a sign is designed so that the sign face is clearly discernible
the sign area shall be equal to the area of the sign face. In ail other circumstances
the sign area shall be the area of a rectangle just large enough to enclose all lettering,
illustrations, ornamentation or color which forms an integral part of the display, or
differentiates the display area from the background on which it is placed. Ordinarily
the sign structure will not be included in the sign area. However, where the sign
structure is a logo (other than a religious symbol on the site of a religious institution),
the rectangle used to measure the sign area shall include the portion of the structure
which constitutes the logo, or uses color in the manner described.
Sign contractor: A person licensed to erect any type sign structure regardless of
size and complexity, but shall not be allowed to install any electrical work in connection
therewith.
Sign face: The part of the sign that is or can be used to identify, advertise,
communicate information or for visual representation which attracts the attention of the
public for any purpose. 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. The
sign structure shall not be included as a portion of the sign face provided that no
message, symbol or any of the aforementioned sign face criteria are displayed on or
designed as part of the sign structure.
4 ORD. NO. 37-86
Sign structure: A supporting structure erected or intended for the purpose of
identification, with or without a sign thereon, situated upon or attached to the
premises, upon which any sign is fastened, affixed, displayed or applied, provided,
however, said definition shall not include a building or fence. A sign structure may be
a single pole and may or may not be an integral part of a building.
Special event sign: A sign which announces a special event or function which is
of general benefit to the community at large.
Swinging sign: A flexible swinging sign hanging from the outside wall or walls of
any building or any pole structure which is not ridgely affixed thereto.
Temporary construction sign: A sign jointly erected and maintained on premises
undergoing construction advertising the name of the business, architect, contractor,
subcontractor, and/or materialman and financial institutions.
Temporary political sign: A sign erected by a political candidate, or a proponent
or opponent to a referendum, or group or agent thereof for political purposes directed
toward the ultimate exercise of voting by the general public.
Vehicular sign: A sign or sign structure attached or affixed in any manner in or
to any wheeled vehicle for the purpose of advertising that business to which the sign
refers, excluding, however, "pressure sensitive" type signs which are permanently
affixed to a vehicle and signs which are painted upon or magnetic signs not exceeding
eight (8) square feet and affixed to a vehicle, which is regularly used as such in the
normal course of the business advertised or which may be required by law, and further
excluding such signs attached or affixed to public transportation vehicles for business
advertising purposes when such vehicles belong to a duly licensed public transportation
company.
Sec. 9-199. Effect of conflict with Standard Building Code.
To the extent that this article is inconsistent with the Standard Building Code as
adopted by the city, this article shall control.
Sec. 9-200. Permits required; exceptions.
(a) It shall be unlawful for any persons to post, display, change or erect a
non-exempt sign or a sign structure within the city without first having obtained a
permit therefor, in accordance with this article, provided however, that those
signs erected prior to December 8, 1985, shall be allowed to remain in accordance
with the time limitation and structure requirements set forth herein. No sign or
sign structure, previously so erected, shall come under the provisions of this
section providing a valid permit for same was issued and in effect at the time of
erection. Signs or sign structures previously erected without a valid permit shall
be termed in violation and it shall be mandatory to obtain a permit, based this
article, or else remove such sign or sign structure.
(b) The approval process for signs shall be as follows:
(1) The following signs shall be considered exempt and shall not require permits:
a. Real estate signs conforming to the requirements set forth in subsection
9-210(A)(1); 9-210(F)(2); 9-210(G)(1);
b. Temporary construction signs as specified in subsection 9-211(C);
c. Temporary political signs as specified in subsection 9-211(G);
d. Instructional signs as defined in Sec. 9-198, other than parking signs,
and erected in compliance with subsection 9-211(F)(5);
e. Paper, plastic, neon, or painted window signs, limited to 20% of the
glass area as described in subsection 9-211(F)(4);
5 ORD. NO. 37-86
f. Signs defined under subsection 9-211(H) which are subject to Citer
Manager approval.
(2) The following signs shall require a permit and the approval of the building
department:
a. Directional signs denoting civic, church or recreational facilities as
described in subsection 9-211(E)(1);
b. Standard street signs as specified in subsection 9-211(F)(3);
c. 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 such signs shall not exceed four (4)
square feet in area nor extend to a greater height than five (5) feet
above the ground, and shall be erected within the parking area. Only
one such sign shall be allowed at each point of ingress and egress,
provided such signs do not create a traffic or pedestrian hazard.
d. Flat wall signs (other than a sign which will be placed on new
construction within a project that will have a number of fiat wall signs,
each erected by individual tenants or owners) with an area of 20 square
feet or less, using two neutral colors (defined as shades of white,
black, grey or beige) or using one neutral color and any other color
which plays a significant role in the exterior color scheme of the
building. However, where the sign requested is obviously inconsistent
in color or design with the neighboring signs, the building department
may refer the sign to the community appearance board for their review;
e. Freestanding or fiat wall signs where the permit application involves only
a name change and no other change in design, color, or configuration
from that which was approved within eighteen months prior to the appli-
cation for a modification. It shall be the obligation of the applicant to
provide proof of the previous approval;
f. Signs in violation of this article on December 18, 1985 because they
exceed the height limitation, which are shortened to conform.
(3) All other permitted signs will require a permit and community appearance
board review. Any type of sign not specifically addressed in this Code may
be brought before the community appearance board for review. The
community appearance board may disapprove signs which exceed the height,
size or setback requirements of this Article.
(c) A sign erected, altered, displayed or changed without complying with the require-
ments of this article is an illegal sign and each day of violation may be considered
a separate offense.
Sec. 9-201. Permit applications.
Ail applications for sign or sign structure permits required in section 9-200 shall
be filed by the prospective sign or sign structure owner, or his agent, in the office of
the building official upon forms furnished by the building official. Said application
shall describe and set forth the following:
(a) The type of sign or sign structure as defined in this article.
(b) The street address of the property upon which said sign or sign structure is
to be located and the proposed location of said sign or sign structure on said
property. In the absence of a street address a method of location acceptable
to the chief building official shall be used.
6 ORD. NO. 37-86
(c) The square foot area per sign face and the aggregate square foot area of the
sign or sign structure.
(d) The name and address of the owner or other person in control or possession
of the real property upon which said sign or sign structure is to be located.
(e) Written consent of the owner, or his agent, granting permission for the
construction, operation, maintenance, or displaying of such sign or sign
structure.
(f) Two (2) copies of a sketch, blueprint, blueline print, or similar representa-
tion, drawn to scale and dimensioned, showing elevations of the sign as
proposed and the relationship to other existing or proposed signs or sign
structures in the area. In the case of a free standing sign, said representa-
tions shall include a site plan showing the sign location. The seal of a
Florida registered engineer shall be affixed to drawings of signs and sign
structures where the sign face is in excess of thirty-two (32) square feet
certifying that such is designed in accordance with the wind load require-
ments set forth in Section 1205 of the Standard Building Code, 1979.
(g) Upon satisfactory compliance with the requirements hereunder, a sign permit
shall be issued to the applicant which shall be valid for a period of one
hundred eighty (180) days, provided, however, that the Chief Building
Official or his/her designee may, for good cause shown and upon payment of
a renewal fee which is equal to fifty percent (50%) of the original application
fee, renew the permit for additional ninety (90) day increments.
Sec. 9-202. Interpretation of this article; appeals.
(a) Where a question arises regarding the interpretation of this article, the most
restrictive interpretation shall prevail.
(b) Interpretations of this article shall be made by the Chief Building Official or the
designee of the Chief Building Official.
(c) Appeals of the interpretation of the Chief Building Official shall be made in writing
to the community appearance board. The request for an appeal shall state the
specific section of the code which is being appealed and the questions regarding
that section which has been interpreted by the Chief Building Official.
(d) Appeals by the Chief Building Official or the applicant of a decision of the
community appearance board interpreting this article may be made to the City
Council in writing within fifteen (15) days of the decision of the community
appearance board.
Sec. 9-203. Permit and reinspection fee.
At the time of submission of an application for a sign permit, a nonrefundable sign plan
review fee of fifteen dollars ($15.00) shall be paid.
(a) Permit fee. It shall be unlawful for any person to post, display, alter or
erect within the city a sign or sign structure unless otherwise excluded by the terms of
this Article without first having paid a permit fee to the city at the office of the
building official. The permit fee shall be collected when the sign permit application is
submitted, based on the following schedule of rates:
(1) Electrical signs:
Up to 32 square feet (each face) 40.00
Over 32 square feet (per sq. foot) (each
additional face) 1.00
7 ORD. NO. 37-86
(2) Nonelectrical signs:
Up to 32 square feet (each face) 30.00
Over 32 square feet (per sq. foot) (each
additional face) 1.00
(3) Temporary signs:
Up to 32 square feet (each face) 20.00
Over 32 square feet (per sq. foot) (each
additional face) 1.00
A one hundred dollar ($100.00) bond for specified signs shall be collected and held
in escrow by the Building Department until a temporary sign is removed, as
specified.
(b) Fee to be tripled where work begun without permit: Where work for which a
permit is required by this code is started or proceeded with prior to obtaining said
permit, the fees herein specified shall be tripled but the payment of such tripled fee
shall not relieve any persons from fully complying with the requirements of this code in
the execution of the work nor from any other penalties prescribed herein.
(c) Reinspection fee. The permit fee set forth in (a) above includes the cost of
the inspecting the work to be done under the permit; however, if additional inspection
trips are required, an additional inspection fee of twenty-five dollars ($25.00) per trip
shall be charged. For example, and not in limitation of the foregoing, reasons
necessitating additional inspection fees include, but are not limited to, the following:
(1) The work, or correction to previously inspected work, does not meet
code requirements.
(2) An incorrect address is on the application by action of the applicant.
(3) The work, or correction to previously inspected work, is not ready for
inspection at the time specified in the application for inspection.
Sec. 9-204. Issuance of permits.
Provided the provisions of this article have first been complied with, and the sign
or advertising structure does not violate any of the terms, conditions, or provisions of
this article, or any other law or ordinance, and provided that the sign's structural
details, materials, colors, location and aesthetic quality have been approved by all
applicable city departments and the community appearance board, the building official
shall issue a permit for such sign or advertising structure, retaining a copy thereof for
his records.
Sec. 9-205. Numbering, contents of permits.
Permits issued hereunder shall be numbered and shall disclose:
(a) The type of sign as defined in this article.
(b) The street address of the property upon which said sign is proposed to be
located and the proposed location of the sign on said property. In the
absence of a street address, a method of location acceptable to the building
official shall be used.
(c) The name of the sign contractor who shall erect the structure.
(d) The amount of the fee paid for such permit.
(e) The date of issuance.
8 ORD. NO. 37-86
Sec. 9-206. License prerequisite to issuance of permit.
No permit for erection, construction, installation or maintenance of any sign shall
be issued unless the person in control of the premises upon which the sign is to be
placed shall have first procured from the city an occupational license to engage in such
business. The fee for an occupational license will be collected and a temporary license
issued in the event another agency, i.e., Health Department, has not finished final
approvals. All permits must be issued to a duly licensed contractor, except that this
shall not be construed to prevent an owner or lessee of property from constructing and
erecting a nonilluminated sign, nonelectrical sign or sign structure on said property.
Sec. 9-207. Signs to bear permit number.
With each permit, the chief building official shall issue one label or marker bearing
the same number as the permit with which it is issued. It shall be the duty of the
permittee, or his agent, to affix such label or marker to the sign or advertising
structure in the lower right hand of one square foot area and so it can be easily seen
on a double-faced sign, the label may be placed on either side of the sign so long as it
is easily visible. The absence of a proper label or marker on a sign or advertising
structure shall be prima facie evidence that the same has been or is being erected or
operated in violation of the provisions of this article.
Sec. 9-208. Certain signs or structures prohibited.
It shall be unlawful for any person to erect, place or use within the city:
(a) Off-premises signs as defined and regulated, except directional signs. (See
sections 9-198 and 9-211(E)(1)).
(b) Sidewalk and sandwich signs, except collapsible type signs when used as
provided in subsection 9-211(F)(1) and (2).
(c) Temporary political signs, except those signs conforming to the requirements
set forth in subsection 9-211(G).
(d) Roof signs except an aviation directional sign.
(e) A banner sign, except for two (2) flag banners per development at times the
model home or model apartment is open for inspection, and/or except the
flying of the United States flag, the flag of one (1) other nation and either a
state or municipal flag. In addition, the flags of service and civic clubs may
be displayed at the respective meeting sites during meeting hours. Flag
banners shall be limited to an area of fifteen (15) square feet per flag,
except temporary business banners as provided in subsection 9-211(F)(2).
(f) A sign which involves motion or rotation of any part of the structure or
display or a sign containing intermittent lights or animation except a time and
temperature unit, or a traveling message sign which is a part of a sign
permitted in business and commercial districts, such part of the sign per-
mitted shall not exceed twenty-five (25) square feet in area.
(g) An advertising sign placed on the side or rear of any building or property
facing on a contignous residential area if more than seventy-two (72) square
inches or six (6) feet in height from ground level.
(h) Electrical signs of a commereiai nature in a residential district except that in
a subdivision development, where models are being demonstrated, an
illuminated sign, meeting the other requirements of this article, may be used
provided no illumination is shown between the hours of 9:00 p.m. and 7:00
a.m. the following day.
(i) Any other type or kind of signs which do not comply with the terms,
conditions and provisions contained in this article.
9 ORD. NO. 3?-86
(j) Signs or other advertising matter as regulated by this Code erected at the
intersection of any streets or in any street right-of-way in such a 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, signal or device; or which makes
use of the words "stop," "look," "drive-in," "danger," or any other word,
phrase, symbol or character in such manner as to interfere with, mislead, or
confuse vehicular traffic as determined by traffic engineering.
(k) Moving or stationary advertising sign displayed on a vessel plying the
waterways.
(1) Signs which exhibit thereon any lewd, lascivious, indecent or immoral
wordings, character or illustration.
(m) Signs which produce noise or sound.
(n) Signs which emit smoke, vapor, particles or odor.
(o) Signs of any kind which extend into or above or be anchored or placed in
any portion of the right-of-way of a city street or sidewalk area, or used
public street or public sidewalks (except official city, county and state signs,
and signs painted on approved canvas awnings that meet other requirements
of this chapter).
(p) Flat signs projecting more than eight (8) inches from wall of building.
(q) Vehicular signs.
(r) Logos, except symbolic logos are permitted and may bear the name of the
company or business or its initials. A symbolic logo shall be considered a
sign, or a part of the sign area (depending upon its location, except that
religious symbols shall not be considered signs).
Sec. 9-209. Aesthetic regulations.
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 of the building or the adjacent surroundings. In addition
to the mechanical limitations on signs imposed by this article, there are certain aesthetic
considerations which must be met and are therefore subject to review by the community
appearance board:
(a) The scale of the sign must be consistent ~rith the scale of the building on
which it is to be placed or painted and the neighborhood in which it is
located. However, in no case shall it exceed the size provided for in other
sections of this article.
(b) The overall effect of the configuration or coloring of the sign shall not be
garish. The colors shall not conflict with other signs already on the building
or in the immediate vicinity.
Sec. 9-210. Signs permitted and regulated.
(A) RESIDENTIAL R-iAAA AND R-1AAAB.
(1) A real estate sign not exceeding three (3) square feet shall be permitted
on a plot except for one sign erected by the owner or his exclusive
agent; if a sign is erected by the exclusive agent of the owner. One
additional sign may be added on the plot when the plot borders on a
waterway provided that the additional sign shall be placed upon that side
of the plot that borders on said waterway. Such real estate signs shall
not exceed nine (9) square feet in area and must be well-kept and in
good repair.
10 ORD. NO. 37-86
(2) On plots containing permitted nonresidential structures or uses, a flat
sign or freestanding sign not exceeding twenty (20) square feet in area
will be permitted provided no part of such sign is closer than ten (10)
feet to the property line. Such sign may be illuminated provided
abutting residences are shielded from the source of light. Such sign
may advertise the main use of the premises only.
(3) One temporary sign of not over three (3) square feet in aggregate area
with the words such as "Open", "Sold", "Pool", or the name of the real
estate agent, may be used when attached to the existing real estate
sign; or where a real estate sign is not installed on the property, one
removable sign of not over three (3) square feet in aggregate area with
the word "Open" or the words "Open For Inspection" may be used only
when the owner or owner's agent is on the premises. A permit or
permit fee shall not be necessary for such removable sign.
An additional "Open House" sign of not over three (3) square feet in
area may be permitted only during the hours when the house is being
shown.
(4) One nameplate sign not exceeding three (3) square feet, of a noncom-
mercial nature, bearing the name and/or street address of the principal
occupant.
(5) Entrance gate signs as defined in section 9-198, being either one (1)
double-faced sign or two (2) signs where there are two (2) walls at the
entrance and where permanently affixed to the walls at such entrance
shall be permitted. Such signs may not exceed twenty (20) square feet
per sign face or sign.
(6) Historical identification signs limited to three (3) square feet are
permitted. Such signs may be placed on the building, or may be free
standing but may not be placed more than six (6) feet above the
ground.
(B) RESIDENTIAL R-IA, R-1AAB, R-1AA and R-lAB.
(1) Same as (A)(1), (2), (3), (4), (5), and (6) of this section.
(2) One home occupational sign of not more than one square foot in area.
(C) RESIDENTIAL RM-6 and PRD 4, 7 and 10.
(1) Same as (A)(1), (2), (3), (4), (5), and (6)of this section.
(2) One fiat sign or one ground sign advertising the main use and not
exceeding thirty-six (36) square feet in area per sign face with an
aggregate area of seventy-two (72) square feet may be placed on the
premises. The ground sign may be placed in the required front yard,
but no part of such extended closer than ten (10) feet to the public
right-of-way line and shall not exceed twelve (12) feet in overall height
from the ground and shall not exceed twelve (12) feet in width.
(D) RESIDENTIAL RM-10 AND RM-15.
(1) Same as (A)(1), (2), (3), (4), and (5) and (C)(2) of this section.
(2) One fiat wail sign advertising the main use and one fixed projecting sign
per accessory use advertising said accessory use shall be permitted.
The outer edge of the fixed projecting sign and/or the support for same
shall not extend more than three (3) feet beyond the wail of any
building nor shall extend above the parapet. The area per sign face
shall not exceed thirty (30) square feet with an aggregate area of sixty
(60) square feet.
11 ORD. NO. 37-86
(E) SAD (SPECIAL ACTIVITIES DISTRICT).
SAD zoning for sign computations shall be determined by the Chief Building
Official or his/her designee to be closest to the existing use.
(F) COMMERCIAL DISTRICTS.
(1) Shopping centers only.
(a) One main use sign which may be esther: a free-standing sign,
fixed projection sign, or flat sign subject to the size limitations for
such signs contained in (F)(3) and (4) below. The main use sign
may display the name of the shopping center, list some or all of the
names of the retail stores and service establishments contained
therein, or may combine the shopping center name with the list of
separate stores and establishments provided that in all instances the
above referred to size limitations are observed.
(b) In addition, each unit of a shopping center shall be allowed one flat
sign not to exceed ten percent (10%) of such unit front face area
which shall be limited to the first twelve (12) feet from floor level
times the width of the building (subject to decrease in size or area
by the community appearance hoard) and window lettering not to
exceed five percent (5%) of such unit front face area. Any
building or premises bordering on two (2) public streets is allowed
one flat sign for each bordering street.
(2) One nonilluminated free standing real estate sign advertising "For Sale",
"For Rent" or "For Lease" may be placed on the premises and shall not
exceed nine (9) square feet in area or require a permit. A real estate
sign larger than nine (9) square feet, not to exceed thirty-two (32)
square feet, may be erected upon permit issued by the chief building
official or his / her designee.
(3) The allowable aignage in commercial districts shall be calculated as
follow s:
(a) One free-standing sign advertising the use of the premises. Such
sign shall be predicated on the basis of one-half (1/2) square foot
of total advertising area for each lineal foot of main street frontage
on the lot provided that no such sign shall exceed one hundred
sixty (160) square feet per sign face, with a maximum of two (2)
faces. Corner locations which front on two (2) main streets shall
be allowed one extra free-standing sign whose area per sign face
shall not exceed fifty (50) square feet with a maximum of two (2)
faces. No sign shall be higher than eighteen (18) feet from the
ground nor protrude past the street right-of-way.
(b) One fixed projecting sign or one under canopy sign as specified in
subsection 9-210 (F) ( 3 ) (f) shall be allowed with community
appearance board review. The outer edge of the fixed projecting
sign and/or the support for same shall not extend more than three
(3) feet beyond the wall of any building nor shall it extend above
the parapet. The maximum area of such sign shall be thirty (30)
square feet.
(c) One fiat wall sign or painted sign shall be permitted for the sides
of a building which borders upon a publicly dedicated street/
thoroughfare, excluding alleys, unless otherwise prohibited
(applicant has the option of selecting a wall which does not front on
a publicly dedicated street) advertising the main occupation or
business use provided that the total aggregate area of each such
sign shall not exceed fifteen percent (15%) of the building face area
of the wall upon which the sign is placed, which shall be limited to
12 ORD. NO. 37-86
the first twelve (12) feet from floor level times the width of the
building (subject to decrease in size and area by the community
appearance board). The above such sign shall not exceed one
hundred sixty (160) square feet per sign.
(d) Accessory use signs shall be permitted at sites where the business
contains more than one use. Accessory use signs may be used to
identify the use or identity of the building. Such signs shall be
flat wall signs limited to ten (10) square feet.
(e) Driveways for a commercial project may be designated with signs
directing vehicular traffic into the proper driveway. Such signs
may state "Entrance for..." or "Parking for..." and may state
the name of the business or use served by the driveway. Such
signs may not exceed six (6) square feet. Such signs may not be
higher than five (5) feet above the ground.
(f) Under canopy signs shall be permitted as additional signs in
commercial districts where a number of separate businesses or
tenants are located in the same building, or located under the same
canopy. A canopy sign shall be limited to four (4) square feet.
In new projects the developer of the project is encouraged to obtain
a blanket approval for all canopy signs which will be located in the
project. Signs which comply with the blanket approval may be
granted a permit by the Building Department without additional
community appearance board approval. However, where an
applicant wishes to erect a canopy sign which is not in keeping
with the blanket approval, the application must be reviewed by the
community appearance board. A canopy sign may not be greater
than four (4) feet on any side. Where an under canopy sign is the
only sign for a building, it is not limited to four (4) square feet,
however, the community appearance board may deny approval if
the size of the requested sign is not in keeping with the signage
and architecture of the property and adjacent properties.
(g) Historical identification signs as described in subsection
9-210(A) (6).
(4) One fiat sign or painted wall sign shall be allowed on the rear of a
building bordering upon a street, alley or parking area, advertising the
main occupation or business use, but the sign shall not exceed nine (9)
square feet. Signs painted on glass shall be included in the aggregate
area.
(5) For purposes of this subsection, the term alley shall mean publicly
dedicated alley as indicated on the plat on which property is located.
(6) Whenever a commercial development is subdivided, or proposed to be
subdivided into separate parcels, the owner(s) of the separate parcels,
or the single owner prior to the subdivision shall record an agreement
acceptable to the city which will allow the property owners to reallocate
their allowed square feet of free-standing stgnage in a manner which
results in less square footage, and no increase in the number of signs,
than would otherwise be allowed under the technical requirements of this
subsection. The reallocation of the square footage is subject to
community appearance board approval. If the reallocation is approved,
it shall not be effective until after a plat subdividing the property into
separate parcels is actually approved and recorded.
(G) INDUSTRIAL DISTRICTS.
(1) One nonilluminated free standing real estate sign advertising "For Sale,"
"For Rent" or "For Lease" may be placed on the premises and shall not
exceed nine (9) square feet in area or require a permit. A real estate
13 ORD. NO. 37-86
sign larger than nine (9) square feet, not to exceed thirty-two (32)
square feet, may be erected upon permit issued by the chief building
official or his/her designee.
(2) One flat sign or painted wall sign advertising the main occupation or
business use shall be allowed provided that the total aggregate area of
such sign or signs shall not exceed twenty percent (20%) of the building
face and shall not exceed one hundred sixty (160) square feet in total
area of the wall which abuts the main street. Signs painted on glass
shall be included in the aggregate area. In the case of two (2) main
business streets (which may include a railroad right-of-way and/or
Interstate Highway 95 as main business streets) a sign as described
above shall be allowed on each street, provided the lot has two hundred
(200) feet on each such main street, or, one fixed projecting sign per
accessory use advertising said accessory use shall be permitted. The
outer edge of the fixed projecting sign and/or the support for same shall
not extend more than three (3) feet beyond the wall of any building nor
shall it extend above the parapet. The area per sign shall not exceed
forty (40) square feet.
(3) One free-standing sign advertising the main use of the premises as
described in (F)(3)(a) hereof. Identification signs shall be permitted on
the rear wall of business establishments provided they are limited to ten
(10) square feet and provided that the rear of the property is not
contiguous to residential zoning districts.
Sec. 9-211. Special signs.
(A) SUBDIVISION SIGNS. Areas under development including shopping centers,
cooperative apartments, condominiums, and extensive platted or unplatted land shall be
permitted two (2) signs not to exceed a combined aggregate area of one hundred sixty
(160) square feet with a maximum of two (2) faces per sign. No sign shall exceed
eighteen (18) feet in height from ground level. Said signs shall be located in
accordance with the requirements contained in the section of this article relating to the
specific zoned area. Permits for said signs will be granted in accordance with section
9-204 and shall be Hmited to the time development is completed, terminated or
abandoned. Such signs shall not be erected more than sixty (60) days prior to
commencing construction and are limited to one year.
(B) DEVELOPMENT SALES, RENTAL, LEASING SIGNS. Other provisions of this
article notwithstanding, development sales, rental, leasing signs for developments in
excess of eight (8) units shall be permitted. Signs shall not exceed twenty-four (24)
square feet nor twelve (12) feet in height and be placed on each entry street into
project. Permits shall be approved by the Building Department, limited to six (6)
months, provided, however, that the building official or his/her designee may, for good
cause shown, and upon payment of renewal fee, which is equal to fifty percent (50%) of
the application fee, renew the permit for an additional six (6) months.
(C) TEMPORARY SIGNS. One nonilluminated building sign may be permitted to be
erected on the premises or attached to a tool house on the premises subject to the
following conditions:
(1) For an existing building, the sign may not exceed the size of the sign
which is permitted for that building. For a building under construction,
the size of the sign may not exceed ten percent (10%) of the building
face, or thirty-two (32) square feet.
(2) Such a sign may not be erected more than fifteen (15) days before
construction or renovation begins and must be removed when the project
receives a certificate of occupancy or the new business opened in cases
where a certificate of occupancy will not be issued.
14 ORD. NO. 3?-86
(3) Such signs shall be located on the premises being developed and shall be
located in accordance with any requirements imposed under the section of
this article relating to the specific zoning district.
(4) Temporary signs may be approved by the Chief Building Official or his
designee without community appearance board approval, except where the
building official is concerned that the color or lettering of the sign may
have an adverse aesthetic impact on the vicinity.
(D) CIVIC AND RELIGIOUS INSTITUTION SIGNS
(1) The City Council may permit to be erected entrance signs at or near the
city limits for the benefit of visitors, on which may be listed institutional
names, religious institutions and points of interest. Civil organizations
and religious institutions may be permitted to place their insignias
thereon.
(2) Religious Institutions.
(a) All religious institutions are permitted a primary free standing
identification sign. Such sign shall be predicated on the basis of
1.5 square feet of sign area for each ten (10) feet of street
frontage, not to exceed fifty (50) square feet.
(b) A free standing and fiat wall directory sign providing information
regarding the activities of the institution is permitted, not to
exceed twenty (20) square feet.
(c) In addition a fiat wall sign will be allowed for the main building and
all ancillary use buildings for identification not to exceed ten
percent (10%) of the building face with twenty (20) square feet
being the maximum sign face.
(d) Additional free standing signs for accessory uses, such as
preschools, are permitted, not to exceed twenty (20) square feet.
(E) DIRECTIONAL SIGNS.
(1) (a) General directional signs limited to a maximum of six (6) per civic
organization, church or recreational facility and limited to a
maximum of four (4) per business or residential development may be
permitted in city street right-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 (8) inches by
thirty (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) No more than six (6) signs on one pole shall be permitted at any
street intersection.
(c) Residential directional signs limited to a maximum of six (6) per
development are permitted for those developments having
twenty-five (25) or more living units. These signs may be placed
in the city street right-of-way subject to the approval of the public
15 ORD. NO. 37-86
works, engineering and buildings departments. The plans and
specifications of the approved signs are available in the building
department. No other type sign will be permitted. 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 city building department. The
dimensions of the directional signs shall be eight (8) inches by six
(6) feet per sign with a maximum of six (6) per structure at any
one intersection. The signs will be approved, designed and
installed by the city in accordance with city specifications at the
expense of the applicant at the time of the sign application. The
developers are liable for the cost of maintenance and removal of
signs and shall pay twenty-five dollars ($25.00) for the sign permit
for same. If the sign is destroyed or damaged it may be
refurbished or replaced by the city at the developers request and
expense. Sign locations will be determined by the building
department as needs arise.
(2) Directory sign. A directory consisting of signs each having an area of
seventy-two (72) square inches (four (4) inches by eighteen (18)
inches) per sign and may be attached to a free-standing sign; said
directory signs must indicate the organization or business endeavor in
the particular commercial or industrial district. Such signs shall be
included in the aggregate area for free-standing signs. Flat wall
directory signs shall not exceed twenty-four (24) square feet.
(F) MISCELLANEOUS SIGNS.
(1) Special event, recreational or exposition directional signs of a temporary
nature, which are of general benefit, civic and cultural, to the com-
munity at large may be permitted. Said signs shall be located at
specified points for the convenience of the traveling public, and shall be
limited to twenty (20) square feet per sign. Such signs shall be allowed
one (1) week before the event and be removed by the second day after
the end. A bond, or other such guarantee acceptable to the city, shall
be posted with the city before permit issuance and shall be held until all
the temporary signage is removed as specified. If such temporary
signage is not timely and properly removed in accordance with the
requirements of this Article, the city may remove same and charge all
such costs (including any administrative cost and a reasonable attorney's
fee) against such bond or guarantee.
(2) Temporary business banners/flags and sandwich signs. One (1) banner
or one open flag, maximum flag area not exceeding fifteen (15) feet, and
one (1) sandwich sign shall be placed on the premises of the newly open
business. Signage is limited to two (2) weeks before opening and shall
be removed two (2) weeks after opening; banners shall not exceed fifty
(50) square feet in area and sandwich signs no more than twenty (20)
square feet; banner height shall not exceed fifteen (15) feet; colors
shall be white, black, blue and red or any combination thereof; banners
shall be made of material which will keep colors fast and sandwich signs
shall be made of water resistant material; height for sandwich signs shall
not exceed six (6) feet. An occupational license for the new business
must be secured before a permit is issued by the building department.
A bond, or other such guarantee acceptable to the city, shall be posted
with the city before permit is issued and shall be held until all the
temporary signage is removed as specified. If such temporary signage is
not timely and properly removed in accordance with the requirements of
this Article, the city may remove same and charge ail such costs
(including any administrative cost and a reasonable attorney's fee)
against such bond or guarantee.
16 ORD. NO. 37-86
(3) 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 said sign. This
sign shall be identical to the street sign as to color, size and shape.
(4) Window signs.
(a) Painted and/or neon window sign. Each main use and each
accessory use in commercial or industrial zoning district except for
shopping centers may have one painted and/or neon main use sign
on windows provided it does not exceed twenty percent (20%) of the
glass area being used and is in accordance with this article.
(b) Paper signs. Paper signs displayed two (2) feet or less inside
store windows visible from the street shall be limited to twenty
percent (20%) of the glass area. Such signs as are displayed inside
the window in accordance with the above will be exempted from
fees, permit requirement and community appearance board approval.
(5) Safety and warning signs. "No Trespassing," "No Dumping," and
similar signs may be erected and shall not extend more than five (5) feet
from the ground and such sign shall not exceed three (3) square feet.
This shall not be construed to include traffic signs and similar signs
authorized by any governmental body.
(6) Gasoline pricing sign:
(a) A sign advertising the price of gasoline, not exceeding twelve (12)
square feet per sign face and an aggregate area of twenty-four
(24) square feet. If freestanding, such price signs shall not
exceed five (5) feet in height. One (1) sign shall be permitted per
on-premises frontage, provided, however, that a maximum of two
(2) signs are allowed. In the event such a sign is attached to as a
part of a permanent freestanding sign, then such a sign shall be
included in the total aggregate area.
(b) Signs which are placed on gasoline pumps in order to provide
required information to the public regarding price per gallon or
liter, type of fuel and octane rating, directional information, i.e.,
self service, cash, etc., provided, however, that such signs may
not exceed three (3) square feet in surface area and six (6) square
feet in total area.
(c) In the event Palm Beach County, the State of Florida or the United
States of America adopt regulations regarding gasoline pricing
signs, then to the extent such regulations conflict with these
regulation, those regulations shall govern gasoline pricing signs.
(G) TEMPORARY POLITICAL SIGNS.
(1) No more than two (2) nonilluminated temporary political signs for each
candidate or two (2) temporary political signs for or against a referen-
dum issue may be placed on any parcel of real property or lot, not more
than ninety (90) days prior to the date of any election or referendum to
which the temporary political sign is directed. No illuminated temporary
political signs shall be permitted.
(2) Each such temporary political sign shall be removed within ten (10) days
after the date of the election or referendum. In the event that said
signs are not removed as provided in this subsection, the city may enter
upon the property whereon said sign is located and remove such at the
property owner's expense; provided that prior to such removal by the
city, the city shall, within the ten-day period, send by certified mail,
return receipt requested, to the address of the owner of each property
17 ORD. NO. 37-86
whereon the temporary political sign is located as such owner is listed on
the current tax roils of the county, a notice of noncompliance stating
that the city shall remove said sign at the property owner's expense if
_~,sa~e 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 its removal by the city. The cost of removal by the city shall be set
at twenty-five dollars ($25.00) for noncomplying parcel, which cost shall
be assessed against the property owner, and may be levied upon the
property upon which the violating sign was located; provided, however,
that no such cost of removal shall be assessed against the property or
property owner if such property owner can conclusively prove to the
city manager or his designee that he/she was not responsible for the
temporary political sign and had no knowledge of the temporary sign
being placed or maintained on his/her property.
(3) Each temporary political sign shall not exceed twelve (12) square feet
per sign face.
(4) No temporary political sign shall be placed in any public right-of-way or
on any public property; nor shall such signs be placed in a location, as
determined by the city manager or his designee, which would constitute
a safety hazard or hindrance to pedestrian or vehicular traffic.
(5) Any person who places or allows to be placed upon his property or
property under his control any sign in violation of this section shall be
guilty of a violation of this Code of Ordinances, punishable as provided
in subsection 9-219(C) and or 1-6 of this Code of Ordinances.
(6) Nothing contained in subsection (2), above providing for the collection
of costs of removal, shall be construed as a waiver of the violation
provisions set forth in subsection (5), above, or as prohibiting the city
from issuing citations for violations or enforcing its codes by this or any
other means.
(H) EXEMPT SIGNS. The city manager may exempt from the provisions of this
article and may approve and permit to be erected on city property and city
right-of-ways any signs for facilities located on city property which are
operated by the city, its licensees, agents or contractors, or other public
purpose organizations of general benefit to the community.
Sec. 9-212. Clearance height and setbacks.
(a) A sign projecting over areas where vehicular traffic may be required to pass
through or beneath shall be erected to maintain a minimum clearance distance
of fourteen and one-half (14{) feet for the free passage of such vehicles.
(b) Setbacks.
(1) The setback for a sign shall be ten (10) feet unless a special setback is
designated for the street or zoning district.
However, a sign which is being placed as a fiat wall sign or a canopy
sign shall not be considered to be in violation of the setbacks because
the building violates the setback.
(2) Subject to Sec. 9-200(b)(3), an applicant who wishes to construct a free
standing sign which is solely the identification sign on premises may,
alternatively, construct such a sign within the premises provided the
sign is not placed upon or projecting over any public right-of-way line,
and the height of such sign does not exceed seven (7) feet or twenty
(20) square feet per sign or sign structure. Such applications shall be
further expressly subject to approval by the City after the City
determines that the placement of the sign in the requested location does
18 ORD. NO. 37-86
not present a hazard to pedestrian or vehicular traffic. An applicant
who has permission to erect a sign within a setback or right-of-way shall
be required to sign an agreement which shall be countersigned by the
property owner indicating 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 the additional right-of-way or setback is required
for city purposes. In addition, if the right-of-way is not within the
jurisdiction of the city, the applicant must obtain permission from the
government entity controlling the right-of-way to erect the sign in the
requested and approved location. The city may also require insurance
or bonds in specific circumstances.
Sec. 9-213. Rigid construction; wind loading.
Every sign shall be constructed in such a manner as to withstand a wind pressure
of fifty (50) pounds per square foot. Sign contractors or the owner(s) shall submit
plans showing location, structural members and design calculations for wind loading and
for signs thirty-two (32) square feet or over, a certificate sealed by a Florida
registered engineer or architect stating that the design will meet the requirements of
this Code shall be submitted. Ail sign contractors shall sign a certificate stating wind
loading will meet requirements of this article where signs under thirty-two (32) square
feet are submitted.
Sec. 9-214. Hazardous signs and materials.
(a) 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 signs attached to buildings or structures with walls of wood. No wall
sign shall be entirely supported by an unbraced parapet wall.
(b) No sign constructed of combustible material shall be attached to any structure
or building if such sign has enough area to require a permit.
(1) Combustible signs up to fifty (50) square feet in area shall be at least
twenty (20) feet from any building or structure.
(2) Combustible signs from fifty-one (51) square feet up to one hundred
(100) square feet in area shall be at least forty (40) feet from any
building or structure.
(3) Combustible signs from one hundred one (101) square feet up to one
hundred sixty (160) square feet in area shall be at least eight (80) feet
from any building or structure.
(e) No sign shall be constructed or erected in such a manner that it will become
a hazard to automotive or pedestrian traffic nor shall any sign or lighting of such sign
be so placed as to obstruct the vision of the driver of any motor vehicle where such
vision is necessary for safety.
(d) No sign shall be placed, constructed or erected in such a manner as to
obstruct or block any exit from any building nor shall any sign be so placed as to
interfere with light or ventilation to any building or structure.
(e) Where any wood or any sign penetrates the ground or is attached in any way
to masonry or concrete, said wood shall be of an approved pressure-treated type.
Ail materials used in constructing signs shall be of a type to resist weather
exposure.
Any plastic materials used in signs shall be approved by the Underwriters'
Laboratory and shall bear its label. Electrical components shall be in accordance with
the city electrical code and U.L. approved.
19 ORD. NO. 3'7-88
Sec. 9-215. Misleading advertising.
It shall be unlawful for a person to display false or misleading statements upon
signs, or other public places, calculated to mislead the public as to anything sold, any
services to be performed, or information disseminated. The fact that any such sign or
display shall contain words or language sufficient to mislead a reasonable and prudent
person in reading same, shall be prima facie evidence of a violation of this section by
the person displaying such sign, permitting same to be displayed or permitting such
display at their residence, establishment or place of business.
Sec. 9-216. Removal when business discontinued.
(a) When a business or service using any sign or signs is discontinued, all signs
relating to this business or service shall be removed within ten (10) days from the date
of discontinuance.
(b) The sign structure may remain until approval of a new sign is received, and
if the new business does not use the same sign structure, then the structure shall be
removed within ten (10) days from the date of approval of the new sign.
(c) In any event, any unused sign structures shall be removed by the property
owner no later than one (1) year after the discontinuance of the business.
Sec. 9-217. Authority to inspect, order corrections.
The building official shall inspect, or cause to be inspected, signs located within
the city as needed for compliance if, in his opinion, such inspection may be required,
and upon such inspection, shall require the owner of any sign found to be defective,
neglected, or in unkept condition, or which does not comply with the terms, conditions,
and provisions of this article, to be repaired or removed in accordance with the
procedures set forth in section 9-219 or 9-220, as applicable.
Sec. 9-218. Nonconforming signs.
(a) All off-premises signs are illegal and shall be removed within ten (10) days
following adoption of this ordinance, except those designated in this article.
(b) All signs (whether conforming; nonconforming, class 1; or nonconforming,
class 2) which do not meet fifty (50) pounds per square foot wind loading are hereby
declared dangerous nonconforming signs and shall be removed or made to conform to the
requirements of this article within thirty (30) days after notification by the building
department. Ail other nonconforming signs, class 2, as defined herein, shall be made
to conform to the requirements of this article on or before January 1, 1987 or else such
signs shall be removed at the owner's or lessee's expense. All other nonconforming
signs, class 1, shall be removed or made to conform to the requirements of this Article
on or before July 10, 1991 or else such signs shall be removed at the owner's or
lessee's expense.
(c) When a sign exists which does not meet the requirements of this article and if
such sign is located upon real property which is annexed to the city of Delray Beach
subsequent to December 18, 1985, then such sign is subject to the requirements
pertaining to nonconforming signs, class 1, with the applicable time periods running
from July 10, 1986.
If the applicable time requirements for specific types of signs which do not meet
the Code requirements have expired on or before the effective date of the annexation
ordinance annexing the subject property, there will be no violation of the terms and
conditions of this section provided that the sign which does not meet the Code require-
ments shall be removed on or before the effective date of the annexation ordinance.
Sec. 9-219. Procedure on violations.
(A) IMMEDIATE REMOVAL. In recognition of the fact that there are various
types of signs which have a minor monetary value and when balancing this value to the
property owner against the burden upon the city in doing title searches to determine
20 ORD. NO. 37-86
the owner, giving notice prior to removal, and providing for a hearing, the city council'
has determined that with regard to certain types of signs when a violation of this
article exists immediate removal is justified. Furthermore, it determines that the
providing of such elaborate procedural prerequisites prior to removal of some types of
signs would so impede the process of enforcement of this article to achieve compliance
with its terms, that it would defeat the purpose for which it was enacted. Therefore,
when the building official finds that a violation of this article is occurring in accordance
with the standards set forth herein and the violation involves the type of sign listed
below, the building official shall forthwith enter upon the private or public property
upon which the sign is maintained and remove it.
(1) Types of signs. Banner, building sign, sandwich or sidewalk sign, snipe,
temporary building sign, real estate signs, instructional sign, political sign,
bulletin board of not more than twenty-five (25) square feet, and special
event, recreational or exposition directional signs of a temporary nature
which, by section 9-211(E)(2), are required to be removed within three (3)
days after the event.
(2) Notice after removal. After removal of a sign under this subsection, the
building official shall notify the occupant of the premises where the sign was
located of its removal. Also if the owner of the sign appears from some
identification on the sign itself to be someone other than the occupant (e.g.,
a real estate sign with the broker's name on it) notice shall also be given to
that party. The notice shall also provide that the sign may be picked up at
the building department within fifteen (15) days after the notice is given,
and that if this sign is not picked up within this fifteen (15) day period, it
will be turned over to the city's public works department for disposal.
(3) The notice required by the foregoing paragraph shall be furnished either by
mail or by personal delivery to the person, firm or corporation or their
agents, as specified above. If notice is given by mail, it shall be sent first
class postage prepaid and shall be deemed given when deposited in the U.S.
mails.
(B) REMOVAL AFTER NOTICE AND OPPORTUNITY FOR HEARING. When the
building official determines, in accordance with the standards set forth herein, that a
violation of this chapter is occurring and it involves a sign other than the type set
forth in (A)(1) of this section, the following procedure shall be followed:
(1) Title search. The building official shall cause a title search to be made of
the real property upon which the sign is located. From the title search, it
shall be determined who has an interest in such real property and the
building official shall cause a certified or registered letter to be sent to all
such interested parties. In addition, the notice shall be sent to the current
occupant of the property. The notice shall contain the following information:
(a) The names and addresses of all persons notified.
(b) Legal description and address of the real property on which the sign is
located.
(c) A description of the sign sufficient to identify it together with a specific
statement as to the nature of the violation which shall also state the
section of this article pertaining thereto.
(d) That twenty (20) days from the date of m~iling of the notice shall be
allowed for the violation to be corrected, and the building department
furnished with satisfactory evidence of such correction. If the building
department determines after such submission that the violation no longer
exists, a letter will be issued to this effect.
(e) That if a letter is not issued, a hearing will be held on
(specify date) which will be the next regular city council meeting or
special meeting, if one is called for this purpose, at which all interested
parties may participate and must show cause why the building official's
determination should not stand and the city forthwith take action to
remedy the violation.
21 ORD. NO. 37-86
(f) If corrective action has not been completed as set forth in (d) above,
the city council is authorized to correct the violation, which may include
removal of the sign and the cost of such corrective action, administrative
expense and collection costs, including attorneys' fees, will be assessed
against he real property. Such costs will become a lien upon the real
property described in this notice if unpaid, in accordance with this
article.
(2) Duties of the city council. The city council shall, when a hearing is
scheduled, hear from the building official and other appropriate members of
the city administration as to:
(a) Who are the owners of the real property upon which the sign is located
and what other parties may have an interest therein as disclosed by the
title search.
(b)Proof of notice having been sent to the parties specified in (a) above.
(c) Whether a letter has been issued by the building department evidencing
that the violation or violations which were the subject of the notices sent
as specified in (B)(1)(d) of this section have been corrected. If not
the hearing shall proceed.
(d) The nature of the violations, proof that the violations set forth in the
notices specified in (B)(1) of this section still exist.
(e) The administration's recommendation for corrective action and an estimate
of the approximate cost thereof.
(f)Hear from all interested parties other than the administration.
(g) Make a finding that the violation or violations that were set forth in the
notice specified in (B)(1) of this section which also set the hearing date
exist or not.
(h) If it is determined that a violation exists, the city council shall direct
the city administration to take specific affirmative action to correct the
violation. The corrective action so specified may include removal of the
sign or such lesser remedies as the council may determine are proper to
cure the violation. (e.g., if a permit has not been issued for a sign,
the council may direct the administration to issue a permit, providing the
sign meets the criteria set forth in this article, with the costs of such
permit and collection costs being charged to the property as set forth
below. )
(3) Liens. The city administration is directed to keep an accurate record of all
expenses incurred in correcting the violations which are required of it by
city council after the correction has been completed. The administration shall
issue a certificate certifying cost of such work and add thereto a ten percent
(10%) administrative charge to cover the administrative expenses incurred by
the city in overseeing the corrective work performed. The city manager shall
present this certification to council at a regular meeting whereupon the city
council shall, by resolution, assess the cost of such corrective work together
with the ten percent (10%) administrative surcharge. Such assessment shall
constitute a legal, valid and binding lien upon the real property upon which
the corrective work was performed and legally described in the resolution.
This lien, in addition, shall secure the collection costs including attorneys'
fees of satisfying this obligation. The lien which is created shall be effective
from and after the date upon which the resolution assessing the cost is
recorded in the public records of Palm Beach County, Florida.
After the foregoing resolution has been passed by the city council, the
record title holders shall be given a thirty-day notice which shall be sent by
certified mail and which from the time of mailing permits them thirty (30)
days in which to pay the above-referred to costs prior to the time that a lien
will be recorded against their property and foreclosed for collection. If the
real property described in the resolution is owned by more than one person,
or if the real property is subject to differing types of interests such as fee
simple title subject to a lease, life estate with a remainder interest and other
like interests, the line described in this article is binding on all such parties
and interests and shall be foreclosed against them jointly and severally in the
22 ORD. NO. 37-86
manner in which mortgages are foreclosed under the laws of the State of
Florida.
(C) FINES. The following remedy set forth in this paragraph shall be followed in
addition to any other remedy provided for in this Code. In the event that any
provision contained within this article is violated either by a sign contractor or by a
person for whom a sign is erected, notice of the violation shall be provided by the
building official to the violator. The notice shall explain the affirmative action needed
to be taken to correct or eliminate the violation, and shall specify the number of days,
not to exceed ten (10), by which the violation must be corrected or eliminated. If the
violation is not corrected or eliminated within the number of days specified in the notice
of violation, a fine of at least fifteen dollars ($15.00) per day and not exceeding five
hundred dollars ($500.00) per day, shall be assessed against the violator for each day,
subsequent to the last day by which the violation was required to have been corrected
or eliminated, that the violation remains in effect.
(D) PROSECUTION. In addition to the remedies of removal set forth in (B)(1)
and (2) above and to the remedy of assessing a fine as set forth in (C) above, when
the building official determines that a violation of this article exists, the violator may
be cited for a violation of this article which, upon conviction, shall be deemed a
misdemeanor and the violator shall be punished in accordance with section 1-6 of this
Code, or said violation may be presented to the city's code enforcement board. Each
day such violation exists shall constitute a separate offense.
Sec. 9-220. Unsafe signs.
The building official shall have the authority set forth in Section 2301.6 of the
Standard Building Code as adopted by section 9-16 of this Code, except that the notice
requirements set forth in this article shall control over those set forth in the Standard
Building Code. The building official shall follow the procedures set forth in this article
as they relate to the different types of signs involved as set forth in section 9-218(a).
Sec. 9-221. Emergency powers.
The decision of the building official shall be final in cases of emergency which in
his opinion involve an emergency dangerous to human life. When he has determined
that such a situation exists with reference to a sign or sign structure, he shall forth-
with cause it to be made safe or have it removed. In performing his duties under this
section, he is authorized to immediately enter upon the property where th sign is
maintained with such assistance as he determines appropriate and at such cost as may
be necessary and proper to effectuate his duties hereunder. He may order the vacation
of adjacent structures or property and may require the protection of the public by an
appropriate fence or other such means as may be necessary, and for this purpose, he
may close a public or private right-of-way.
Section 2. 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 3. That this ordinance shall become effective July 10, 1986 upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second ~d ~lnal,rea~hj~g on this
the 24th day of June , 198 6
ATTEST:
First Reading June 10t 1986
Second Reading. June 24, 1986
23 ORD. NO. 37-86