Ord No. 22-18 ORDINANCE NO. 22-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING SECTION 4.6.7 "SIGNS", BY
AMENDING PARAGRAPH 4.6.7(D) "AESTHETIC
QUALIFICATIONS", SUBPARAGRAPH (2) "BASIS" TO PROVIDE
AESTHETIC QUALIFICATION CRITERIA FOR SCALE, DESIGN,
AND LOCATION, AND AMENDING PARAGRAPH 4.6.7U)
"PROHIBITED SIGNS", SUBPARAGRAPH (3) "ROOF SIGNS TO
AMEND THE DEFINITION OF ROOF SIGNS; AND AMENDING
APPENDIX "DEFINITIONS" OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES TO AMEND
THE DEFINITION OF"ROOF SIGNS"TO BE CONSISTENT WITH
SECTION 4.6.7; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS,the Legislature of the State of Florida has,in Chapter 166--Municipalities,Florida
Statutes, conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety,and general welfare of its citizenry;and,
WHEREAS, the City of Delray Beach did not intend for the meaning of roof signs to include
signs attached to the parapet or otherwise below the top of the building (including parapet) or attached
to architectural features such as towers or parapet extensions;and,
WHEREAS, the City of Delray Beach intended roof signs to be signs which projected above
the top of the building or architectural feature or were attached to the top of the roof;and,
WHEREAS,pursuant to Florida Statute 163.3174(4)(c),the Planning and Zoning Board, sitting
as the Local Planning Agency (LPA), has determined that the amendments are consistent with and
further the goals, objectives,and policies of the Comprehensive Plan;and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 17,2018,and voted 6-0 to recommend
approval of the ordinance;and,
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and,
WHEREAS,the City Commission of the City of Delray Beach finds the Ordinance is consistent
with the Comprehensive Plan.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Ord. No. 22-18
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Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.7. "Signs", Subsection (D) "Aesthetic qualifications.",
Subsection(2) "Basis",of the Code of Ordinances of the City of Delray Beach,Florida,be and the same
is hereby amended as follows:
(D) Aesthetic qualifications.
(1) Applicability. The following subsection describes basic aesthetic qualifications which
apply to signs.
(2) Basis. The aesthetic quality of a building, or 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
limitations on signs imposed in Subsections (E) and (Iq, the following aesthetic
considerations must be met.
(a) Garishness.The overall effect of the lettering, 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. Garish signs are not
in harmony with and are not compatible with the building or adjacent surroundings.
(b) Scale, design, and location .The seale of the s
(2) with i!espeet to height and ai!e
1. Signs shall be appropriate in size, scale, and design for the neighborhood or
streetscape where it is to be located.
2. Signs placed on structures shall be proportionate in size and scale to the building
facade, desig ed consistently with the building architecture, and positioned
harmoniously with building features; architectural features shall not be provided
solely for the purpose of accommodating signage, but shall relate to building
location, function,and use.
(c) Quality. All signs shall have a professional appearance that enhances the visual
aesthetics of the area.
Section 3. That Section 4.6.7. "Signs", Subsection 0) "Prohibited Signs", Subsection (3) "Roof
Signs", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended as follows:
(1) — (2) (These subsections shall remain in full force and effect aspreviously adopte�
Ord. No. 22-18
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(3)Roof signs.A sign or any portion of a sign which is located exee-ted on the roof or totem of the
building or which projects above the roof cave of a gable or hip roof or above the top of a
parapet,tower, or any other architectural feature.
(4) — (8) (These subsections shall remain in full force and effect as previously adopted
Section 4. That Appendix A"Definitions",of the Code of Ordinances of the City of Delray
Beach, Florida,be and the same is hereby amended as follows:
ROOF SIGN. A sign or apportion of a sign which er is located
on the roof or toip of the building mor which projects above the roof cave of a gable ox
hip roof or above the top of a parapet, tower, or any other architectural feature.
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That Ibis Ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular ses.sio second a al reading on this 27Mday
of ) ,2018.
Shelly Petroli ;MAYOR
ATTEST:
Katerri Johnson, i Clerk
First Reading /f 4P l
Second Reading ZI ,,i1di
APPROVED AS TO FORM AND LEGAL
SUFFICIEN ,Y1-1,
w.
Attorne `
ty
Ord. No. 22-18
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