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107-85 ORDINANCE NO. 107-85 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 BEACB, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-211, "SIGNS PERMITTED AND REGULATED", SUBSECTION (F), "COMMERCIAL DISTRICTS", BY ADDING A SUBSECTION (6) W~ICH WILL PROVIDE FOR A REALLOCATION OF THE SQUARE FOOTAGE OF FREESTANDING SIGNS PERMITTED IN A COMMERCIAL DISTRICT WHERE THE RESULT OF THE REALLOCATION RESULTS IN LESS SQUARE FOOTAGE THAN WOULD OTHERWISE BE PERMITTED UNDER THE CODE; PROVIDING FOR COMMUNITY APPEARANCE BOARD APPROVAL FOR THE REALLOCATION; PROVIDING A SAVING 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 Section 9-211, Subsection (F), "Commercial Districts", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to add a subsection (6) to read as follows: (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 freestanding signage 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. ~_gg_~. 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. ~_~. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 8th day of Octobe~~.~~ ~ MAYOR ATTEST: Cit~j~lerk First Reading September 24, 1985 Second Reading October 8~ 1985