122-85 ORDINANCE NO. 122-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUC-
TION"~ ARTICLE VIII, "SIGNS AND BILLBOARDS"~ OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH~ FLORIDA~ BY
AMENDING SECTION 9-196, "PURPOSE" BY AMENDING. SUBSECTION (a) BY
REMOVING THE LETTER "(a)"; BY REPEALING SUBSECTION (b)? BY
AMENDING SECTION 9-200, "PERMITS REQUIRED; EXCEPTIONS", TO
CHANGE THE TITLE OF THAT SECTION TO, "PERMITS REQUIRED~
APPROVAL PROCESS; VIOLATIONS", AND BY AMENDING SUBSECTION (a)
TO PROVIDE THAT ONLY NON-EXEMPT SIGNS SHALL REQUIRE A
PERMIT; BY REPEALING SUBSECTION (b) AND BY ENACTING A NEW
SUBSECTION (b) WHICH SHALL PROVIDE THE APPROVAL PROCESS FOR
SIGNS; AND BY ENACTING A NEW SUBSECTION (c) WHICH SHALL SET
FORTH CERTAIN ACTS WHICH CONSTITUTE A VIOLATION OF THIS
ARTICLE; PROVIDING A REPEALER CLAUSE; 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 9-196 "Purpose", of the Code of Ordinances of the City of Delray
Beach, Florida subsection (a) is amended to read as follows:
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.
Section 2. That Section 9-196~ "Purpose" of the Code of Ordinances of the City of Delray
Beach, Florida~ subsection (b) be and the same is hereby repealed.
Section 3. That the title of Section 9-200, "Permits Required; exceptions"
Ordinances of the City of Delray Beach be in the same as hereby amended as follows:
Sec. 9-200. Permits required; exceptions, approval process~ violations.
Section g. That Section 9-200 subsection (a)
Delray Beach Florida be hereby amended to read as
(a) It shall be unla~tful 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
therefore, in accordance with this article, provided however, that those signs erected
prior to December $, 1975, 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 it
shall be termed in violation and it shall be mandatory to obtain a permit, based on
this article, or else remove such sign or sign structure.
Section 5. That Section 9-200 subsection (b)
Delray Beach, Florida be and the same is t;ereby repealed.
Section 6. That a new Section 9-200 subsection (b) the Code of Ordinaces
Delray Beach, Florida be and the same is hereby enacted to read as follows:
(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
9-212(AXlh
bo Temporary political signs as specified in subsection 9-212(E);
e. Instructional signs as defined in Sec. 9-198, other than parking signs, and
erected in compliance with
d. Paper, plastic or other such non-permanent window signs, limited to 1096
of the glass area as described in subsection 9-212(DX6Xb).
e. Signs defined under section 9-212 (F) which are subject to City 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 9-212(DXI)
(b)Standard street signs as specified in subsection 9-212(DX#)
(c) Painted window signs in commercial and industrial zoning districts where
the sign area does not exceed 2096 of the glass area.
(d) Parking area signs as specified in subsection 9-212(DX3) 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.
(e) Flat wall signs (other than a sign which will be placed on new construction
within a project that will have a number of flat wall signs, each erected
by individual tenants or owners) with an area of 10 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 inconsistant in color or design with the
neighboring signs~ the building department may refer the sign to the
Community Appearance Board for their review, and require their approval
before a permit will be issued.
(f) Freestanding or flat 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 application
for a modification. It shall be the obligation of the applicant to provide
proof of the previous approval.
(g) Signs in violation of this article on December Ig~ 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 approval. Any type of sign not specifically addressed in this Gode may be
brought before the Community Appearance Board for review and possible
approval, provided that no approval will be given by the Community Appearance
Board for a sign which exceeds the height, size or setback requirements of this
Gode.
(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 offence.
Section 7. That all ordinances o: parts of ordinances which are in conflict herewith are
hereby repealed.
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Section 8. 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 9. 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
26th day of November , I985.
ATTEST':
City,~lerk
First Reading November 12, 1985
Second Reading November 26, 1985
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