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Ord 78-06 (' /'~ ORDINANCE NO. 78-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS RELATING TO SIGNS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, sign types described herein are related in other ways to the functions they serve and the properties to which they relate [see Bond, Making Sense of Billboard Law: Justifying Prohibitions and Exemptions, 88 Mich.L.Rev. 2482 (1980)]; and WHEREAS, limitations on various types of signs are also related to the zoning districts for the properties on which they are located and/or the land use of the properties on which the sign-types and signs are located; and WHEREAS, various signs that serve and function as signage for particular land uses, such as drive-thru restaurants, are allowed some additional features in recognition of the differing or special functions served by those land uses, but not based upon any intent to favor any particular viewpoint or control the subject matter of public discourse; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that the exercise of its police power for such regulation should not extend to objects such as artwork or temporary holiday/seasonal decorations that are not typically associated with or considered signage; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that it is not necessary to regulate and/or require permitting for certain sign-types not otherwise prohibited based upon the function they serve, and such sign-types include street address signs, nameplate/ occupant identification signs, noncommercial onsite directional and parking signs, warning and safety signs, machinery and equipment signs, and garage-yard sale signs, as well as bulletin boards for zoned lots for publici semi-public uses; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that certain temporary sign-types for special events, grand openings, and temporary uses play an important role in commerce and activities in the community, and are necessary, but that the potential (" \ ~ for visual clutter that might otherwise occur through violations of durational or dimensional criteria should be controlled and/or monitored by content-neutral permitting as necessary to preclude abuse that adversely affects traffic safety and aesthetics; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that temporary construction signs that function to identify ongoing construction activity during the time that a building permit is active and prior to completion of the work provides important directional information to contractors, subcontractors, suppliers, materialmen and laborers providing and/or delivering materials and/or services and are a necessary type of signage related to the premises on which they are located and have no effective substitute; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that street address signs and nameplate/occupant identification signs are necessary to identify premises and/or occupants and provides an indispensable means for guiding pedestrians and vehicular traffic, as well as emergency services such as fire, ambulance and rescue services, and thereby provide for the health and safety of persons in the City, and that such sign-types are a necessary type of signage related to the premises on which they are located and have no effective substitute; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that warning and safety signs are necessary to warn of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., "gas line," "high voltage," "condemned building," etc.) or that provides warning of a violation of law (e.g., "no trespassing," "no hunting allowed," etc.), and that such sign-types are a necessary type of signage related to the premises on which they are located and have no effective substitute; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that machinery and equipment signs, i.e., those signs that are integrated into machinery and equipment and that are visible from the street (e.g., vending machines, gasoline pumps, telephone booths, mail drop-boxes, newspaper machines, and the like), are a necessary type of signage that are inextricably related to the machines and equipment on which they appear and that it is impractical to prohibit such signs in commerce without effectively prohibiting the associated machines and equipment and as a result the City finds that machine and equipment signs should be allowed in all zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows: 2 ORD NO. 78-06 (" /"~ Section 4.6.7 Signs (A) Pur.pose: The purposes of these sign regulations are: to encourage the effective use of signs as a means of communications in the City: to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth: to improve pedestrian and traffic safety: to minimize the possible adverse affect of signs on nearby public and private property: to foster the integration of signage with architectural and landscape designs: to streamline the approval process by requiring master signage plans: and to enable the fair and consistent enforcement of these sign regulations. (1) Communication: Signs should not deny other persons or groups the use of sight lines on public rights-of-way. should not obscure important public messa,ges. and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and understand the jurisdiction and the character of its sub-areas. (2) Preservation of Community's Beauty: The City of Delra,y Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupang or use of other properties as a result of their size. height. brightness. or movement. They should be in harmony with buildings. the neighborhood. and other conforming signs in the area. (:B)Ap.vlicability: It shall be unlawful for any persons to post. display. change. or erect a nonexempt sign or a sign structure. that req,uires a permit. without first having obtained a permit therefor. Signs or sign structures erected without a valid permit shall be deemed in violation and it shall be mandato~ to obtain a permit. based on this Section. or else remove the sign or sign structure. Signs erected. under a valid permit. prior to the effective date of this ordinance. which have since become nonconforming shall be allowed to remain in accordance with the time limitation and structure requirements set forth in these LDR's. All signs not expressly allowed by these LDR's are prohibited. 3 ORD NO. 78-06 (" /'~ (C) Procedures. (1) Issuance of Permits, Validity and Renewal: Permit applications shall be reviewed by the Chief Building Official or his/her designee within thirty (30) days of submission of the permit application. Upon satisfacto~ compliance with the minimum submission requirements of the LDRs and a determination that the proposed sign meets all applicable standards set forth in the LDRs. the Chief Building Official. or his /her designee. shall cause a sign permit to be issued to the applicant. The permit shall be valid for a period of 180 days during which period the sign may be erected: however. the Chief Building Official. or his/her designee. for good cause shown and upon payment of 50% of the original application fee. may renew the permit for an additional 90 day increment provided that there have not been enacted. in the 180 day period. standards of which the permit would be in violation. Permits shall be required for all signs not listed within this code as either exempt or prohibited. (2) Permits for Individual Signs: Permits for stgns shall be on a form as promulg;lted by the Chief Building Official. (a,) Minimum Submission Requirements: The a,pplication form and associated submission materials shall include the following: 1. The type of sign and/or sign structure as set forth in the LDRs. 2. The street address of the property upon which the sign and/or sign structure is to be located along with identification of where on said proJ>erty the sign will be located. If there is no street address another suitable method of identifying the location shall be provided. 3. The area per sign face and the ~e.gate area of the sign and/or sign structure. 4. The name and address of the owner or other person in control or possession of the real property upon which the sign or sign structure is to be located. 5. Written consent of the owner. or his designated a,gent. granting permission for the construction. operation. maintenance. or displaying of the sign and/or sign structure. 6. Two copies of a blueprint. sketch. blue line print. or ~imilu presentation. drawn to scale and dimensioned. showing elevations of the sign as proposed and its relationship to other 4 ORD NO. 78-06 (" /'~ existing or proposed signs or sign structures in the area. In the case of a free-standing sign. the reJ>resentation shall include a sketch site plan showing the location of the sign. 7. Appropriate exhibits showing the proposed location of the sign with respect to nearby structures and vegetation. 8. The seal of a state registered engmeer or architect shall be affixed to drawings of signs and/or sign structures where the , face of thirty-two feet (32 sq .ft.) stgn lS 10 excess square certifying that it lS designed 10 accordance with wind load req,uirements of the Florida Building Code. A sign contractor shall provide a signed certificate stating that wind loading to withstand a pressure of fifty (50) pounds per sq,uare foot when an application for signs less than or equal to 32 sq,uare feet in area is submitted. (P) Aesthetic Qualifications: (1) Applicability: The following subsection describes basic aesthetic qu~lifications which apply to signs. (2) Basis: The aesthetic qll~ lity 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 (.F) and (I). 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. gl~ting, 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. (1)) Scale and Conformity with Surroundings: The scale of the sign in terms of area. shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (E)-(2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. S ORD NO. 78-06 (' /'~ (E) Sign Design Standards: The following subsections describe basic standards which apply to signs. The application of these standards to specific types of signs and their location in specific zone districts is set forth in a matrix contained in Subsection (F)(7). (1) Types of Signs: (a) Free-Standing Sign: A free-standing sign is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or a monument sign. All signs erected on a pole shall contain a pole cover. All freestanding signs shall contain the street number. (1)) Projecting Sign: A sign afftxed to a structure and which extends at a right angle from the building. A projecting sign shall not have more than two (2) sign faces. (c) Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It may be rigid or it may swing. Such a sign may not have more than two (2) sign faces. 6 ORD NO. 78-06 (' /'~ (d) Wall Sign: A wall sign may be flush mounted or hand painted. Such a sign may be applied to a canopy / awning. mansard. or building face. Sign Area and Height: ARrNEX Restaurant (2) .1fiI. (a) Basis for Measurement: The area in square feet or square inches allowed for each sign face. The 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. When there is no such differentiation. the sign face shall be a rectangle just large enough to enclose all lettering. illustrations. ornamentation. symbols. or logos. A sign structure shall not be computed in sign area provided that no message. symbol. or any of the aforementioned are displayed on. or designed as part of. the sign structure. (b) Height: The vertical distance measured from the highest point of the sign to the grade at the base of the sign. (3) Setback Requirements: (a) Basic Setback Determinants: The setback for a free standing sign shall be ten feet (10') from the ultimate right-of-way line unless there is a special setback or special landscape area designated for the street pursuant to Section 4.3.4(H)(6). The setback is measured from the closest portion of the sign to the right-of-way. Projecting signs. canopy signs. and wall signs may extend into standard and special setback areas. No signs shall extend into a right-of-way. (b) Allowed Partially in Standard Setback: When considered as a part of a site plan approval. or modification to a site plan. a sign may be located partially within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet (7'): 2. The sign area is a maximum of forty square feet (40 sq.ft.): 3. The sign area for that portion of the sign within the setback area is not greater than twenty square feet (20 sq.ft.). 7 ORD NO. 78-06 ( " /'~ (c) Allowed Totally in Standard Setback: When considered as a part of a site plan approval. or modification to a site plan. a sign may be located totally within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet 0): 2. The sign area is less than twenty square feet (20 sq. ft.): (9) Allowed in Special Setbacks: When considered as a part of a site plan approval. or modification to a site plan. pursuant to Section 4.3.4(H.)(6). a sign may be located within a special setback area provided that: 1. If the sign is to be located no less than ten feet (10') nor more than twenty feet (20') from the right-of-way. the sign height shall not exceed seven feet 0). and the sign area shall not exceed forty sq,uare feet (40 sq. ft.). 2. If the sign is to be located between twenty feet (20') to thirty feet (30') from the right-of-way. the stgn height shall not exceed fourteen feet (14'). and the sign area shall not exceed ninety-six s~e feet (96 sq. ft.). (4) Safety and Location Requirements. (a) Location. 1. Agreement Required: Whenever a sign req,uires a permit and is allowed within a setback area. easement. or right-of-wa,y. the person erecting the stgn shall be reqJ1ired to execute an agreement. which shall be countersigned by the property owner. providing that it is the obligation of the owner of the stgn and/ or the property owner to relocate the sign at such time as the City determines that additional right-of-wa,y or setback is required. or if conflicts occur with it being located 10 an easement. A performance bond. or acceptable substitute guarantee. ma,y be reqJ1ired. 2. Obstructions: A sign shall not be located in such a manner as to obscure another sign or to be obscured by an existing sign. a structure. or existing vegetation unless provisions are made for the removal of the obscuring sign. structure. or vegetation. 8 ORD NO. 78-06 (" /'~ (b) Safety. 1. Safety Determination Required: Whenever consideration is given to locating a sign within a special setback or the standard ten foot (10') setback area. the granting body must determine that the location of the sign does not present a hazard to pedestrians or to vehinll~r traffic circulation. 2. Traffic Safety: No sign shall be located in such a mllnner that it will become a hazard to automotive or pedestti~n traffic nor shall any sign or lighting of a sign be so placed as to obstruct the vision of the driver of any motor vehicle where vision is necess~ for safety. (5) Illumination: Signs may be illuminated direcdy or indirecdy unless specifically prohibited elsewhere in these LDRs. In residential zoning districts. all illumination shall be cut off luminair so that the light is not directed toward adjacent residenti~l1y zoned property. (6) Design Prohibitions/Restrictions: (a) Intermittent Lighting, Animation, Moving or Rotating Signs: A sign shall not involve intermittent lighting, animation. motion or rotation of any part of a sign structure or display: except for governmental traffic signals. traffic devices and traffic signs as required by law. (1)) Noise Produci:qg Signs: A sign shall not produce noise or sounds. 9 ORD NO. 78-06 (~ /'~ (G) Obscene Signage: A stgn shall not exhibit thereon any lewd. lascivious. or obscene. character. or illustration. (d) Restrictions as to Functions: The use of a sign may be restricted to functions as set forth in Subsection {FJ (E) (J) (Matrix) under the column of "type of sign". (~) Smoke or Odor Producil\f Signs: A sign shall not produce or emit smoke. vapor. particles. or odor. (J) Design Standards Matrix: The following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. The standards set forth therein are subject to descriptions. intet;pretations. exceptions. and limitations as provided for elsewhere in these LDRs. 10 ORD NO. 78-06 ( ", /'~ I I RESIDENTIAL ZONE DISTRICTS SIGNING: (R-l DISTRICTS, PRD, RL, RM, RRAND AG DISTRICTS) Type of Sign Quantity Area (max.) Location * Heigh Illumination t Wall Only one sign per 20 sq. ft. Atleast 10' - must be shielded lot or parcel from any property line Free-standing 20 SQ. ft./face 8" IISIGNING LOCATED IN CF, ALL HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO Type of Sign Quantity Area (max.) Location * Heigh Illumination t Wall Not more than two 30 sq. ft. on building face - Allowed per lot, parcel or development Projecting 30 sq. ft./ face from building or - Allowed under canopy Free-standing 30 sq. ft./ face may be in the 8' Allowed front yard setback Under canopy 4 sq. ft/face Under canopy Allowed SICNINC FOR CHURCHES, TEMPLES, MOSQUES, SYNACOCUES, .AND OTHER PL^..CES OF WORSHIP, RECARDLESS OF ZONE DISTRICT Type of Mgt'l QtlMitity }..rea (Max.) Loeatloft * Heigh Illwnifl.atiofl t Wtil ofte per h~ 10% of lnlildiftg faee Oft huilding fllee - Allowed ftot to exeeea 120 st}. ~ Free saladiftg Gee 1 1/2 st}. ft.pert 0' - W ...\R&Wed r ~ '-n Free Salftdiftg oae per additioflal 20 sq. ft. - 8! All~'ed tlSe ISIGNING IN GC, AC, NC, PC, CBD, MIC, I, POD, POC AND LI ZONE DISTRICTS Type of Sign Quantity Area (max.) Location * Heigh Illumination t one per business 15% of building face facing each - Allowed (max. of 12' height, dedicated street 11 ORD NO. 78-06 (" /'~ for computational frontage purposes only, times the width) not to exceed 160 SQ. ft. Wall one per building 9 sq. ft. on rear of - Allowed building not facin2: street one per business 15% of building face facing 1-95 - Allowed (max. of 12' height, for computation-ional purposes only, times the width) not to exceed 160 SQ.ft. Directory one per buildin2: 24 SQ. ft. on buildin2: face - Allowed Projecting One 30 sq. ft. from building or - Allowed 3' from face of wall under canopy Under canopy one per business 4 sq. ft. under a canopy - Allowed which extends store front access Free-standing one per frontage *one at 1/2 sq. ft. of 14' Allowed frontage not to exceed 160 sq. ft. *each additional limited to 50 sq. ft. * Freestanding signs must comply with setback requirements of Section 4.6.7~(E)(3) 12 ORD NO. 78-06 (" /~ (.F) Signs ReQJJiring- Permits: (1) General: All signs. other than those exempted by Subsection (H) or prohibited by Subsection (I). must obtain a sign permit. Applications for sign permits shall be submitted and processed pursuant to these LDRs. Sign permits shall be issued by the Sign Administrator under the direction of the Chief Building Official for the following: (a) Master and Blanket Sign Program Signs: Individual signs being permitted under the provisions of an approved Master Sign Program or Blanket Program. (b) Signs Meeting Standards: Individual signs which conform in all respects to the provisions of Subsection (E) and (K) of this Section. (c) Special Pur.pose Signs: Which comply with the requirements of Subsection (.F) (,)). (2) Master Sign and Blanket Sign Programs: (a) Blanket Sign Program: A Blanket Sign Program may be req,uired for a commercial property establishing the font. color. size and locations of signs on a multiple tenant building. A Blanket Sign Program shall be approved by the Site Plan Review and Appearance Board or , the Historic Preservation Board if the project is in a historic district or historically designated site. After , approval of a Blanket Sign Program. individual signs consistent therewith shall be administratively approved. (b) Master Sign PrQgram: A Master Sign Program is to be used when the development of a project is of such a scale or character that the normal application of the desigp and/or aesthetic standards of Subsections (0) and (f). respectively. will not result in an effective sign program and signing more permissive than said standards is necessa~. Approval of a Master Sign Program may include the automatic granting of waivers and/or adjustments to the provisions of Subsections (0) and (E) provided that the intent of the sign code is maintained and the character of the community and neighborhood is not diminished. A Master Sign Program shall be approved by the Site Plan Review and Appearance Board or if the project is in a historic district or historically designated site. by the Historic Preservation Board. After approval of a Master Sign Program. individual signs consistent therewith shall be administratively approved. (c) Nothing contained herein shall prevent diversity and creativity of individual sigps in the Master Sign Program. 13 ORD NO. 78-06 (' /'~ (3) Special Pur.pose Signs and Signing: Permits for the following signs maS' be issued administratively provided that the provisions contained herein are complied with. (a) Gasoline PriciQg' Signs: Signs may advertise the price of gasoline subject to the following restrictions: 1. Not more than twelve sq.uare feet (12 sq..ft.) per sign face. 2. If free standing. it shall not exceed five feet (5') in sign height. 3. If a part of a permanent free standing sign. the price sign shall be included in the area of the permanent sign. 4. One sigJ1 is permitted per frontage with a maximum of two signs per site. 5. Signs placed on pumps shall not exceed three sqJlate feet (3 sq..ft.) per sign face nor a total of six square feet (6 sq..ft.) per ~ (1)) Grand Opening Banner: One banner may be placed on the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. 2. The banner shall not exceed an area of fifty sq,uare feet (50 ~ 3. The banner may not be more than fifteen feet (15)' above the grade. and must be placed on the building of the business. in the front of the business. 4. Banners shall be made of color fast material. (c) Historic SigJ1ing: Signs which are building mounted or free-standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when free-standing and shall not exceed three square feet (3 sq..ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gained from the Historic Preservation Board. 1. Maintenance of Nonconforming Nostalgic Signs: 14 ORD NO. 78-06 (" /'~ (i) Signs that have an historic or nostalgjc appeal. and constitute artistic expression. and not solely advertising may be exempted from the removal req,uirements if a recommendation by the Historic Preservation Board is approved by the City Commission. In considering whether to recommend that the existing nonconforming sign be designated as nostalgic. the Historic Preservation Board shall consider the sign's value as a part of the historicaL cultural. aesthetic. and architectural herita,ge of the city. state. or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1. of the Land Development regulations prior to m~king its recommendation. (ii) An owner of property on which an eXlStmg nonconforming sign is located may req.uest the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." (iiV Any existing nonconforming stgn designated as a nostalgj.c sign must be maintained in good condition. If at any time the sign becomes unsighdy. or becomes a danger to the public health. safety. or welfare. the City Commission. following notification to the owner. may remove the nost:algj.c designation and set a date bJ which time the sign must be removed. (d) Drive Thru Window Signs: Signs used by businesses in conjunction with service at a drive-thru window may be permitted as long as the size of the menu board does not exceed seven feet 0') in height. nor twenty four square feet (24 sq. ft.) in size. A maximum of two (2) signs per drive thru window. (e) Murals and Signs Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. ({) S.vecial Event Non-Roadw~ Banner SjgniQg: SJ>ecial slgJl1Qg. 10 accordance with this Subsection. may be allowed by the Chief Building Official or his/her designee. for special events if it is determined that the sign type meets the following criteria: IS ORD NO. 78-06 (" /'~ 1. the sign provides notice to the public of a public meeting or other public event. 2. the s.ign is tetllPo~ and for a limited time. and 3. the sign. if allowed for a limited time. must meet the following criteria: (i) the s.ign will not conceal or obstruct adjacent land uses or ~ (ll) the sign will not conflict with the principal permitted use of the site or adjoining sites. (ill) the s.ign will not interfere with. obstruct vision of or distract motorists. bigclists or pedestri~ns. and (iv) the sign will be installed and m~intained in a safe manner. The approval. or disapproval. of such sign shall not be based on the content of the message contained (i.e.. the viewpoint expressed) on such sign. The Chief Building Official or his /her designee shall render a decision within fourteen (14) da.ys after an application is made for utili7.ing this sign type for a special event. Such a decision shall be deemed an administrative inteq>retation and any person adversely affected has the right to appeal the decision to the City Manager. 4. Each sign limited to less than twenty sq,uare feet ~O sq.&.) in maa 5. Allowed fourteen (14) da.ys prior to the event and must be removed by the second day after the event. (g) Special Event Roadway B~nner Signing: 1. Roadway Banner Signs: ma.y be approved and issued b..y the Sign Administrator under the direction of the Director of Community Improvement. for special events. Such signing shall be subject to the following standards: 16 ORD NO. 78-06 (" /''\, (i) The Roadwa,y Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length. and placed at least fifteen feet (15') above the surface of the roadwa,y on City installed poles. The Roadwa,y Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. (ii) The text of a roadway banner shall be limited to the name of the special event. the date or dates of the event and the name or logo of the City and the name or logo of the association or Ol;ganization co-sponsoring the ~ (iii) Display of the Roadway Banner Sign will be limited to a maximum of fourteen (14) da,ys prior to the event and must be removed by no later than two ~2) days after the ~ (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles . NE 1"1 Avenue and East Atlantic Avenue: . Pineapple Grove Wa,y and East Atlantic Avenue within the arch area: . Swinton and East Atlantic A venue: and . NE 5th Avenue and West Atlantic Avenue. (v) the sign will not conceal or obstruct adjacent land uses or ~ (vi) the sign will not conflict with the princi..pal permitted use of the site or adjoining sites. (vii) the sign will not interfere with. obstruct vision of or distract motorists. bigclists or pedestrians. and (viii) the sign will be installed and maintained in a safe manner. The approval. or disapproval. of such sign shall not be based on the content of the messa,ge contained (i.e.. the viewpoint expressed) on such sign. The Chief Building Official or his /her designee shall render a 17 ORD NO. 78-06 (' /'~ decision within fourteen (14) da.ys after an application is made for utili7.ing this sign type for a special event. Such a decision shall be deemed an administrative intet;pretation and any person adversely affected has the right to appeal the decision to the City Manager. (h) Subdivision Identification Signs: Residential subdivision identification signs shall be located only at the entrance to the subdivision and subject to the following standards: 1. Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the sigps are permanendy affixed to the walls at each entrance of the subdivision: 2. Each sign area shall be no greater than thirty-six sq,uare feet (36 sq.ft.) in area: 3. Such subdivision entrance stgns are permitted within all residential zonirlg districts: 4. Such subdivision entrance signs ma,y be erected within rights-of- way or median strips adjacent to the subdivision if approved by the City. A subdivision sign ma.y also be located within the setbacks of private property within the subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3). if such sign was in existence as of July 1. 1988. 5. Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs located within a median shall be at least five feet (5') from any paved roadwa.y: 6. Any such signs approved for location within the right-of-way or median. if such right-of-wa.y or median is not within the jurisdiction of the City. shall obtain written permission from the governmental entity controlling the right-of-way or median to erect the sign in a req,uested and approved location: 7. Any signs prQPosed to be located on adjacent private prQperty shall be approved and permitted by the owners of the adjacent 18 ORD NO. 78-06 (" /~ property. Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code: and 8. All signs proposed to be located within a right-of-way or medi~n shall be reviewed and approved by the City Engjneer or appointed designee for compliance with this section. (i) TempotaJ;y Identification Signs: Tempor~ identification signs shall be subject to the following standards: 1. Freestanding Sign: One sign per street frontage. non-illuminated. with a sign area of not more than thirty-two square feet (32 sq.ft.). nor more than seven feet (]') in height. 2. Sign Located on a Building: One sign per building fronta,ge. non- illuminated with a sign area of not more than thirty-two sq,uare feet (32 sq.ft.). 3. The sign m~ be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupanc..y. G) Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: 1. One pole mounted sign per approved Valet Queue. meeting the req,uirements of valet parking a.gJ:eements. 2. Valet Parking signs shall be manufactured and installed by the City. The sign area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the business d~ily during business hours when the approved valet queue is not in use. 3. Traffic control cones may be used for qpeuing pw;poses. however the..y shall not contain any additional signa,ge or mar~gs. 19 ORD NO. 78-06 (" /'~ (G) Non-Commercial Mess~ge: Notwithstanding anything contained in Section 4.6.7 "Signs". to the contra~. any sign erected pursuant to the provisions of this Code may. at the option of the applicant. contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises. The non-commercial message ma~ occup.y the entire sign face or portion thereof. The sign face may be changed from commercial to non-commercial messages as frequendy as desired by the owner of the sign. provided that the size and design criteria conform to the applicable portions of this section. the sign is allowed by this Code. the sign conforms to the requirements of the zoning designation and the appropriate permits are obtained. Noncommercial copy may be substituted for commercial copy wherever commercial copy appears. For the purposes of Section 4.6.7. non- commercial messages. by their ve~ nature. shall never be deemed off-premises. (B) Exempt Signs: The following signs are allowed to be erected on private property in the City of Delray Beach. pursuant to the limitations set forth herein. and do not req,uire a permit: (1) Automated Teller Machine (ATM) Panels: One panel which is physically constructed within and is an integral part of an A 1M. and bears the name of the A 1M system to which it belongs. (2) Directional Signs: Such signs shall not extend more than five feet (S') from the ground and shall not be greater than four s~uare feet (4 sq. ft.) in area. (3) Flags: (a) Flags may be displayed on any residential or non-residential parcel of land in accordance with the following rules: 1. A Flag is a piece of cloth usually attached at one e~ to a staff/pole or cord. 2. No more than three (3) fla.gs may be placed upon any parcel or development less than one acre in size which is zoned and used for non-residential purposes. 3. For parcels or developments equal to or greater than one acre in area that are zoned and used for non-residential pw;poses. no more than one flag per 15.000 sqJ1ate feet of lot area shall be allowed. (1)) Two (2) fla,gs may be flown at a time when model homes or model apartments are open for inspection. 20 ORD NO. 78-06 (" /'~ (4) Hours of Operation Signs: Signs denoting hours of operation shall be non- illuminated: have a sign face of not more than one square foot (1 sq.ft.) and be located close to the en~ of the business. (5) Instructional Signs: Instructional signs are signs which conve..y instructions with respect to the premises on which it is located. such as "no trespassing". a danger sign. and similar signs (other than parking signs). Such signs shall not extend more than five feet (5') from the ground and shall not be greater than three square feet (3 sq.ft.) in area. (6) Name.vlates: One (1) nameplate sign per building, not exceeding three sq,uare feet (3 sq.ft.) in area. of a noncommercial nature. and bearing the name or street address of the principal occupant. (J) Non-Residential: W Non-Residential Real Estate Signs: 1. One freestanding real estate s.ign along each street fronta,ge. including those located within a historic district. 2. Non-residential Real Estate Signs shall not exceed sixteen sqJJate feet (16 sq..ft.). and shall be limited to seven feet 0') in height. 3. Within a non-residential property located in a Historic District. real estate signs shall not exceed sixteen sq,uare feet (16 sq.ft.). and shall be limited to seven feet 0') in height. (8) Residential (a,) Residential Real Estate Signs: 1. One sign per lot. the sign being not greater than three sq.uare feet (3 sq..ft.) in area on residenti~l1y zoned property: 2. One additional sign per lot may be erected on a lot which borders a waterwa,y and/or for corner lots provided that the additional sign is located along the waterways and/or placed so that there is only one (1) sign per street frontage. Such sign shall not exceed nine sq,uare feet (9 sq..ft.) in area: 21 ORD NO. 78-06 ( " /',\ ,I 3. An additional sign or "rider" sign. of not greater than three square feet (3 sq.ft.). tru\Y be attached to or accompanl a real estate s.ign: (9) Window Signs. 1. Plastic or painted signs mal be placed upon windows when limited to 20% of the a,ggr:egate glass area. per tenant space or per main use. 2. Paper signs displaled two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate area. per tenant space. (10) TelQPora(y Signs: (a) Tempota(y Non-Commercial Signs 1. No tempor~ non-commercial sign shall exceed twelve sq.uare feet (12 sq.ft.) per sign face in area on any private lot or parcel. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehic1l1~r traffic. 2. No tempo~ non-commercial s.ign shall be placed on any public prQperty. (11) Tenant Panels: A change of a tenant panel in a directo~ sign. or a sign which accommodates a tenant. is exempt from needing a permit provided that the sign was permitted and there is no change in colors or letter style. (1) Exempt Signs ReqJJiring- City Manager or his/her Designee's Approval: (1) Wayfinder and Directional Signs within Public Rights-of-W~: (a) the sign provides notice to the public of a public meeting or other public ~ (1)) An off-premise sign designed to guide or direct pedestri~ns or vehirnll1r traffic and it also may include kiosks that provide information of general benefit to the community. and (~) the sign. if allowed for a limited time. will meet the following criteria: 22 ORD NO. 78-06 (' /',\ 1. the signs will not conceal or obstruct adjacent land uses or signs. 2. the signs will not conflict with the principal permitted use of the site or adjoining sites. 3. the signs will not interfere with. obstruct vision of or distract motorists. bigclists or pedestri~ns. and 4. the signs will be installed and maintained in a safe manner. 5. The approval. or disapproval. of such signs shall not be based on the content of the messa,ge contained (i.e.. the viewpoint expressed) on such signs. The City Mana,ger or his/her designee shall render a decision within ten (1 0) days after an application is made for utili7.ing this stgn type at a special event. Such a decision shall be deemed an administrative inteq>retation and any person adversely affected has the right to appeal the decision to the City Commission. 6. Directional signs shall be no greater than eight (6) inches by thirty (30) inches per sign. The City Engineer must inspect each proposed location for traffic obstruction. (J) Prohibited Signs: The following signs. or sign features. are prohibited within the City of Delray Beach: however. exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited stgns or use prohibited sign features. Further. any sign not provided for. or expressly permitted by these LDRs is also prohibited. (1) Banners and Wind Signs: (;I.) Banners: Prohibited. (R) Wind Signs: Prohibited. (2) Off-Premise Signs: A stgn. including building stgns. that advertise an establishment. merchandise. semce. or entertainment which lS sold. produced. manufactured. or furnished at a place other than the property on which the sign is located. however. non-commercial messages shall never be off-premises. parapet. (3) Roof Signs: A s.ign erected on the roof. or above the roof line. or on the 23 ORD NO. 78-06 ('" /~ (4) Snipe Signs: Snipe signs are prohibited. (5) Traffic Confusion: A sign or other advertising matter erected at the intersection of any streets or in any street right-of-wa~ in 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 sigp. a traffic sigpal. or traffic device: or which makes use of the words "stop". "look". "drive-in". "danger". or any other word. phrase. symbol. or character in a manner as to interfere with. mislead. or confuse vehicl11~r traffic. (6) Vehicular Signs: Signs placed on vehicles or trailers that are parked in the street. public right-of-way or on private property for the prim~ purpose of displaying the sign for advertising a commercial enterprise. (7) Waterboume Signs: No sign or advertising shall be displa,yed on a vessel plying the waterways. excluding, the identification of the vessel. Section 2. That Section 4.6.7 0)(8), "Commercial Signs in Public Rights-of-Way" of the Land Development Regulations of the City of Dekay Beach, Florida, be enacted to read as follows: (8) Commercial Signs in Public ~ghts-of- Way: Prohibited. Section 3. That Section 4.6.7(1<)-(0) of the Land Development Regulations of the City of Dekay Beach, Florida, be enacted to read as follows: (l<) Structural Standards: In addition to provisions of the Standard Building Code and provisions of Chapter 7 of this Code. the following structural standards shall be req,uired for all signs erected in the City. (1) Securitlg' Signs: 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. (2) Wind Loading: Eve~ sign shall be constructed in a manner as to withstand 140 miles per hour wind. Sign contractors or the owner shall submit plans showing location. structural members. and design calculations for wind loading and for signs thirty-two sqJ,1are feet (32 sq. ft.) or over. a certification sealed by a state registered engineer or architect stating that the design will meet the requirements of this code shall be submitted. All sign contractors shall sign a certificate stating wind loading will meet requirements of this chapter where signs under thirty-two square feet (32 sq.ft.) are submitted. 24 ORD NO. 78-06 (' "~ (h) Removal of Signs: (1) Removal and Disposition of Non-Com..plying Signs: (a) It shall be unlawful to erect. use or mainta.in a sign or sign structure when it does not comply with the requirements of Section 4.6.7. The City is authorized to remove unlawful signs and sign structures pursuant to the provisions of Section 4.6.7. (b) Unauthorized signs are subject to removal pursuant to the following proVlslOns: 1. Te1ltPo~ Signs. (j) The City finds that. in view of the ine~ensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal. any procedure other than summ~ removal of these stgns when unlawfully erected and maintained would defeat the purpose of regulating such signs. The City Manager is hereby authorized to remove such signs when unlawfully erected and maintained. subject to the provisions contained below. (ii) After removal of a sign pursuant to this section. a notice will be sent. either in person or by first-class postage. prepaid. to the occupant of the prQperty from which the sign was removed. and if the sign identifies a party other than the occupant of the property. the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within thirty (30) days of the date of the notice. and that. if the sign is not retrieved within thirty (30) da.ys. it will be disposed of by the City. (ill) The City shall dispose of all unclaimed signs after the expiration of the thirty (30) day period. 2. Permanent Signs. (i) Signs and sign structures not subject to removal pursuant to (i) above which are or have been erected or maintained unlawfully. ma,y be referred to the code enforcement board for ~propriate action or the City 25 ORD NO. 78-06 (' ,..~ may proceed to pursue all remedies available at law or eq,uity to it to remove signs or sign structures which are or have been unlawfull.y erected or maintained. (2) Unsafe Signs: Notwithstanding the above provisions. any sign which is declared to be a dangerous sign shall be removed or made to conform with the current building code immediately. upon notice. by the Chief Building Official. (M) Penalty: Section 10.99. "General Penalty" of the Code of Ordinances of the City of Delray Beach shall apply. (N) Procedure to Appeal Permit Denial. 1. Permit application ma,y be denied for the following reasons: (a) The application for permit is not fully completed and executed: (1)) The applicant has not tendered the req,uired application fee with the application: (s;) The application for permit cont~ins a material falsehood or misrepresentation: (d) The applicant has not complied or cannot comply with applicable licensure req.uirements. ordinances or regulations of the City. 2. If permit application was denied. it may be appealed to the Circuit Court of Palm Beach County within thirty (30) days of the decision. (Q) Severability: (1) Generally. If any part. section. subsection. p~h. subpara,graph. sentenCe. phrase. clause. term. or word of this Article is declared unconstitutional by the valid jUQgment or decree of any court of competent jurisdiction. the declaration of such unconstitutionality shall not affect the following subsections of this Article. Section 4.6.7(f)(7). "Design Standards Matrix" and Section 4.6.7(G). "Non-Commercial Message". (2) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (0)(1) or elsewhere in this Article. this code. or any adopting ordinance. if an.y part. section. subsection. para,graph. subparagraph. sentence. phrase. clause. term. or word of this Article is ded~red unconstitutional by the valid judgment or decree of any court of competent jurisdiction. the declaration of such 26 ORD NO. 78-06 ( ~~ unconstitutionality shall not affect Subsections 4.6.7(.F)0) and 4.6.7(G) of this Article. even if such severability would result in a situation where there would be less speech. whether by subjecting previously exempt signs to permitting or otherwise. (3) Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (0) (1) or elsewhere in this Article. this code. or any adopting ordinance. if any part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of this Article or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction. the declaration of such unconstitutionality shall not affect any other part. section. subsection. paragraph. subparagraph. sentence. phrase. clause. term. or word of this Article that pertains to prohibited signs. including specifically those signs and sign-types prohibited and not allowed under Subsection 4.6.70) is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction. the declaration of such unconstitutionality shall not affect any part. word or paragraph of Subsections 4.6.7(p)0) and 4.6.7(G). thereby ensuring that sign height. size and location continue to be regulated. Section 4. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Dekay Beach, Florida, shall be amended to read as follows: ANIMATED SIGN: A sign which uses movement or change of lighting to depict action or to create a special effect or scene. AWNING SIGN: A tenant identification sign designed as part of the awning. BANNER: A temporary sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner" shall include any animated or fluttering devices designed to attract attention CANOPy SIGN: A pedestrian oriented sign which is suspended from, attached to, supported from, or forms a part of a canopy. CHANGEABLE COPY SIGN: A sign on which a message copy is changed through moveable letters, numbers, etc. CONSTRUCTION/DEVELOPMENT SleN: A temporMy stgfi itleatifi.ng aft llf'ehiteet, 4.... coatnetor, subeofttnetor, Of developer 8ft the property whieh is to be developed. DIRECTIONAL SIGN: An on-premise, incidental sign designed to guide or direct pedestrians or vehicular traffic. DIRECTORY SIGN: A sign listing the tenant's names, locations, buildings or group of buildings. 27 ORD NO. 78-06 L ( FLAG: A piece of cloth usually attached at one edge to a staff/pole or cord. FLAT WALL SIGN: A sign erected parallel to the building to which it is attached, and supported entirely by the fac;:ade. FREESTANDING SIGN: A free-standing sign is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or monument sign. All signs erected on a pole shall have a pole cover. All free-standing signs shall contain the street number. GASOLINE PRICING SIGN: A sign incorporated into a gasoline station identity sign, for display of the price changes. HEIGHT (OF A SIGN): The vertical distance measured from the highest point of the sign, to the grade at the base of the sign. IDENTIFICATION SIGN: A sign, indicating the name of the primary use. ILLEGAL SIGN: A sign which does not meet the requirements of this code and which has not received legal nonconforming status. ILLUMINATED SIGN: A sign with an internal or external artificial light source. MARQUEE SIGN: A sign attached to or supported by a marquee structure, which is a permanent roof-like structure or canopy extending from the fac;:ade of the building. MENU BOARD SIGN: A changeable copy sign for displaying a menu selection and pricing of the items for sale. MONUMENT SIGN: A freestanding low profile sign with the sign area at the top of a solid base. NAMEPLATE SIGN: A non-electric, on-premise identification sign giving only the name, address and/ or occupation of the occupants. NON-COMMERCIAL SIGN: A tempor~ sign erected for purposes other than advertising a commercial business. NONCONFORMING SIGN: A sign which was erected legally but no longer complies with the current sign code regulations. OFF-PREMISE SIGN: A sign advertising a business which is not located on the property where the sign is located. 28 ORD NO. 78-06 (" /'~ PAINTED WALL SIGN: A sign applied with paint or similar substance on the face of a wall. POLE SIGN: A freestanding sign that has the sign area at the top of a pole. POLITICAL SICN: f1 temporary siga ereetee by a politiesl esawds.te, Of a propoaeftt or oppOl'tent to a ref-ercndum, or gfottp or a-geat thereof for politieal purposes direeted toward the ttltimate exereise of -.-otffig by the general publie in eonneetioa with loeal, state or ftatioful eleetion3. PORTABLE SIGN: Any sign designed to be easily moved, such as a sidewalk or sandwich boards sign, and is not permanendy affixed to the ground or to a building. PROJECTING SIGN: A sign which is attached at a right angle to the outside wall of the building REAL ESTATE SIGN: Any temporary sign advertising the real estate where the sign is placed, stating as being for sale, rent or lease. ROOF SIGN: A sign which projects above the roof line or is located on the roof of the building structure. SIGN: Any device, structure or fixture using graphics, symbols or written copy designed to advertise or identify an establishment, product, goods or services. SIGN AREA: The sign area shall be the area of a rectangle enclosing all lettering, illustrations, ornamentation and logos which forms an integral part of the display, or differentiates the display area from the background on which it is placed. SNIPE SIGN: Any sign located in the public right-of-way or placed in the ground for commercial purposes, excluding garage sales, yard sales, homeowners and civic meeting signs. SUBDIVISION ENTRANCE SIGN: An entrance sign identifying the name of the subdivision or residential development. TEMPORARY SIGN: Any sign erected for a limited time period not to exceed six (6) months. UNDER-CANOPY SIGN: A sign attached or suspended under the canopy or roof of a walkway. WALL SIGN: A sign painted or attached parallel to the outside of a building. WAYFINDER SIGNS: An off-premise sign designed to guide or direct pedestrians or vehicular traffic. 29 ORD NO. 78-06 ( WIND SIGN: Signs consisting of banners, pennants, ribbons, spinners, streamers, balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind. 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 division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not effect the validity of any remaining portions of the ordinance. Section 6. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon January 2, 2007. ~ ~ PASSED AND ADOPTED in regular session on seeond and final reading on this the;;t' day of ~ ,2007. ~1-~ ATTEST: ~~.~~~. ~ City Clerk \ Fizsl Reading: 5 ~ Second Reading: \ ~ \~ \ (),\ 30 ORD NO. 78-06 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # to. 11 - REGULAR MEETING OF JANUARY 2.2006 ORDINANCE NO. 78-06 (SECOND READING/SECOND PUBLIC HEARING.) TO: FROM: DATE: DECEMBER 28, 2006 This ordinance is before Commission for second reading and second public hearing for city initiated amendments to the Land Development Regulations repealing Section 4.6.7, "Signs", in its entirety and enacting a new Section 4.6.7, "Signs", in order to provide a single, combined and updated sign code; and amending Appendix "A", "Definitions", to provide updated definitions relating to signs. At the first reading on December 5, 2006, the Commission passed Ordinance No. 78-06. Recommend approval of Ordinance No. 78-06 on second and final reading. S:\City Oerk\AGENDA COVER MEMOS\Ordinarn:e Agenda Memos\Ord 78-06 Amend lDR See 4.6.7 Signs 2nd PH 0t.0207.doc 4 FROM: DAVID T. HARDEN, CITY MANAGER , 'M~ k/~ f- Y~L ~B,RT'~' J. P, DIRECTOR OF PLANNING & ZONING ~\3GG TO: THRU SUBJECT: MEETING OF DECEMBER 5, 2006 CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 4, REPEALING SECTION 4.6.7 "SIGNS" IN ITS ENTIRETY, ENACTING A NEW SECTION 4.6.7 "SIGNS" AND AMENDING APPENDIX A "DEFINITIONS" RELATING TO SIGNS. The item before the City Commission is approval of City-initiated amendments to the Land Development Regulations to accommodate revisions to the sign code and related definition section. Recent case law from the Eleventh Circuit Court has found that the regulation of signage cannot be based on sign content. The proposed amendment is a complete rewrite of the sign code to eliminate any reference to regulations pertaining to sign content. The code has also been rewritten to be more user friendly; additional language has been added to define "flags" and "noncommercial signs;" and definitions have been deleted for "Construction/development sign" and "political sign". Clarification language has been added to the adopting ordinance, and whereas clauses and severability language have been included to provide protection should the ordinance be legally challenged. A complete list of the proposed changes is included in the attached Planning & Zoning Staff Report. The text amendment was considered by the Planning and Zoning Board on November 20, 2006. No one from the public spoke on the amendment. The Board discussed the Ordinance and recommended approval on a 4 to 0 vote (Eliopoulos, McDuffie and Halberg absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. By motion, approve on first reading Ordinance No. 78-06, amending LDR Chapter 4, "Zoning Regulations," by repealing Section 4.6.7, "Signs" in its entirety, enacting a new Section 4.6.7, "Signs" and amending Appendix A, "Definitions," of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on December 12, 2006. Attachments: · Ordinance No. 78-06 · Planning & Zoning Staff Report of November 20, 2006 \~. L ORDINANCE NO. 78-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS RELATING TO SIGNS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, sign types described herein are related in other ways to the functions they serve and the properties to which they relate [see Bond, Making Sense of Billboard Law: Justifying Prohibitions and Exemptions, 88 Mich.L.Rev. 2482 (1980)]; and WHEREAS, limitations on various types of signs are also related to the zoning districts for the properties on which they are located and/or the land use of the properties on which the sign-types and signs are located; and WHEREAS, various signs that serve and function as signage for particular land uses, such as drive-thru restaurants, are allowed some additional features in recognition of the differing or special functions served by those land uses, but not based upon any intent to favor any particular viewpoint or control the subject matter of public discourse; and WHEREAS, in narrowly drawing and tailoring proVISIons for regulating signage, the City Commission finds and determines that the exercise of its police power for such regulation should not extend to objects such as artwork or temporary holiday/seasonal decorations that are not typically associated with or considered signage; and WHEREAS, in narrowly drawing and tailoring prOVISIons for regulating signage, the City Commission finds and determines that it is not necessary to regulate and/or require permitting for certain sign-types not otherwise prohibited based upon the function they serve, and such sign-types include street address signs, nameplate/occupant identification signs, noncommercial onsite directional and parking signs, warning and safety signs, machinery and equipment signs, and garage-yard sale signs, as well as bulletin boards for zoned lots for public/semi-public uses; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that certain temporary sign-types for special events, grand openings, and temporary uses play an important role in commerce and activities in the community, and are necessary, but that the potential for visual clutter that might otherwise occur through violations of durational or dimensional criteria should be controlled and/or monitored by content-neutral permitting as necessary to preclude abuse that adversely affects traffic safety and aesthetics; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that temporary construction signs that function to identify ongoing construction activity during the time that a building permit is active and prior to completion of the work provides important directional information to contractors, subcontractors, suppliers, materialmen and laborers providing and/or delivering materials and/or services and are a necessary type of signage related to the premises on which they are located and have no effective substitute; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that street address signs and nameplate/occupant identification signs are necessary to identify premises and/or occupants and provides an indispensable means for guiding pedestrians and vehicular traffic, as well as emergency services such as fire, ambulance and rescue services, and thereby provide for the health and safety of persons in the City, and that such sign-types are a necessary type of signage related to the premises on which they are located and have no effective substitute; and WHEREAS, in narrowly drawing and tailoring provlSlons for regulating signage, the City Commission finds and determines that warning and safety signs are necessary to warn of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., "gas line," "high voltage," "condemned building," etc.) or that provides warning of a violation of law (e.g., "no trespassing," "no hunting allowed," etc.), and that such sign-types are a necessary type of signage related to the premises on which they are located and have no effective substitute; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that machinery and equipment signs, i.e., those signs that are integrated into machinery and equipment and that are visible from the street (e.g., vending machines, gasoline pumps, telephone booths, mail drop-boxes, newspaper machines, and the like), are a necessary type of signage that are inextricably related to the machines and equipment on which they appear and that it is impractical to prohibit such signs in commerce without effectively prohibiting the associated machines and equipment and as a result the City finds that machine and equipment signs should be allowed in all zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows: 2 ORD NO. 78-06 Section 4.6.7 Si2Ds (A) Purpose: The purposes of these sign regulations are: to encourage the effective use of signs as a means of communications in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs; to streamline the approval process by requiring master signage plans; and to enable the fair and consistent enforcement of these sign regulations. (1) Communication: Signs should not deny other persons or groups the use of sight lines on public rights-of-way, should not obscure important public messages, and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and understand the jurisdiction and the character of its sub-areas. (2) Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of SIgns. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. (B) Applicability: It shall be unlawful for any persons to post, display, change, or erect a nonexempt sign or a sign structure, that requires a permit, without first having obtained a permit therefor. Signs or sign structures erected without a valid permit shall be deemed in violation and it shall be mandatory to obtain a permit, based on this Section, or else remove the sign or sign structure. Signs erected, under a valid permit, prior to the effective date of this ordinance, which have since become nonconforming shall be allowed to remain in accordance with the time limitation and structure requirements set forth in these LDR's. All signs not expressly allowed by these LDR's are prohibited. 3 ORD NO. 78-06 (C) Procedures. (1) Issuance of Permits, Validity and Renewal: Permit applications shall be reviewed by the Chief Building Official or his/her designee within thirty (30) days of submission of the permit application. Upon satisfactory compliance with the minimum submission requirements of the LDRs and a determination that the proposed sign meets all applicable standards set forth in the LDRs, the Chief Building Official, or his/her designee, shall cause a sign permit to be issued to the applicant. The permit shall be valid for a period of 180 days during which period the sign may be erected; however, the Chief Building Official, or his/her designee, for good cause shown and upon payment of 50 % of the original application fee, may renew the permit for an additional 90 day increment provided that there have not been enacted, in the 180 day period, standards of which the permit would be in violation. Permits shall be required for all signs not listed within this code as either exempt or prohibited. (2) Permits for Individual Si2Ds: Permits for signs shall be on a form as promulgated by the Chief Building Official. (a) Minimum Submission Requirements: The application form and associated submission materials shall include the following: 1. The type of sign and/or sign structure as set forth in the LDRs. 2. The street address of the property upon which the sign and/ or sign structure is to be located along with identification of where on said property the sign will be located. If there is no street address another suitable method of identifying the location shall be provided. 3. The area per sign face and the aggregate area of the sign and/or sign structure. 4. The name and address of the owner or other person in control or possession of the real property upon which the sign or sign structure is to be located. 5. Written consent of the owner, or his designated agent, granting permISSIon for the construction, operation, maintenance, or displaying of the sign and/or sign structure. 6. Two copies of a blueprint, sketch, blue line print, or similar presentation, drawn to scale and dimensioned, showing 4 ORD NO. 78-06 elevations of the sign as proposed and its relationship to other existing or proposed signs or sign structures in the area. In the case of a free-standing sign, the representation shall include a sketch site plan showing the location of the sign. 7. Appropriate exhibits showing the proposed location of the sign with respect to nearby structures and vegetation. 8. The seal of a state registered engineer or architect shall be affixed to drawings of signs and/or sign structures where the sign face is in excess of thirty-two square feet (32 sq.ft.) certifying that it is designed in accordance with wind load requirements of the Florida Building Code. A sign contractor shall provide a signed certificate stating that wind loading to withstand a pressure of fifty (50) pounds per square foot when an application for signs less than or equal to 32 square feet in area is submitted. (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 (F) and (I), 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 and Conformity with Surroundin2s: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (E)-(2) with respect to height and area. 5 ORD NO. 78-06 (c) Quality: All sIgns shall have a professional appearance that enhances the visual aesthetics of the area. (E) Sign Design Standards: The following subsections describe basic standards which apply to signs. The application of these standards to specific types of signs and their location in specific zone districts is set forth in a matrix contained in Subsection (F) (7) . (1) Types of Si2Ils: (a) Free-Standing Si2Il: A free-standing sign is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or a monument sign. All signs erected on a pole shall contain a pole cover. All freestanding signs shall contain the street number. (b) Projecting Si2Il: A sign affixed to a structure and which extends at a right angle from the building. A projecting sign shall not have more than two (2) sign faces. (c) Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It may be rigid or it may swing. Such a sign may not have more than two (2) sign faces. 6 ORD NO. 78-06 (d) Wall Sign: A wall sign may be flush mounted or hand painted. Such a sign may be applied to a canopy/awning, mansard, or building face. (2) Sign Area and Height: (a) Basis for Measurement: The area in square feet or square inches allowed for each sign face. The 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. When there is no such differentiation, the sign face shall be a rectangle just large enough to enclose all lettering, illustrations, ornamentation, symbols, or logos. A sign structure shall not be computed in sign area provided that no message, symbol, or any of the aforementioned are displayed on, or designed as part of, the sign structure. (b) Height: The vertical distance measured from the highest point of the sign to the grade at the base of the sign. (3) Setback Requirements: (a) Basic Setback Determinants: The setback for a free standing sign shall be ten feet (10') from the ultimate right-of-way line unless there is a special setback or special landscape area designated for the street pursuant to Section 4.3.4(H)(6). The setback is measured from the closest portion of the sign to the right-of-way. Projecting signs, canopy signs, and wall signs may extend into standard and special setback areas. No signs shall extend into a right-of-way. (b) Allowed Partially in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located partially within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet (7'); 2. The sign area is a maximum of forty square feet (40 sq.ft.); 7 ORD NO. 78-06 3. The sign area for that portion of the sign within the setback area is not greater than twenty square feet (20 sq.ft.). (c) Allowed Totally in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located totally within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet (7'); 2. The sign area is less than twenty square feet (20 sq.ft.); (d) Allowed in Special Setbacks: When considered as a part of a site plan approval, or modification to a site plan, pursuant to Section 4.3.4(H)(6), a sign may be located within a special setback area provided that: 1. If the sign is to be located no less than ten feet (10') nor more than twenty feet (20') from the right-of-way, the sign height shall not exceed seven feet (7'), and the sign area shall not exceed forty square feet (40 sq. ft.). 2. If the sign is to be located between twenty feet (20') to thirty feet (30') from the right-of-way, the sign height shall not exceed fourteen feet (14'), and the sign area shall not exceed ninety-six square feet (96 sq. ft.). (4) Safety and Location Requirements. (a) Location. 1. Agreement Required: Whenever a sign requires a permit and is allowed within a setback area, easement, or right-of- way, the person erecting the sign shall be required to execute an agreement, which shall be countersigned by the property owner, providing 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 additional right-of-way or setback is required, or if conflicts occur with it being located in an easement. A performance bond, or acceptable substitute guarantee, may be required. 8 ORD NO. 78-06 2. Obstructions: A sign shall not be located in such a manner as to obscure another sign or to be obscured by an existing sign, a structure, or existing vegetation unless provisions are made for the removal of the obscuring sign, structure, or vegetation. (b) Safety . 1. Safety Determination Required: Whenever consideration is given to locating a sign within a special setback or the standard ten foot (10') setback area, the granting body must determine that the location of the sign does not present a hazard to pedestrians or to vehicular traffic circulation. 2. Traffic Safety: No sign shall be located in such a manner that it will become a hazard to automotive or pedestrian traffic nor shall any sign or lighting of a sign be so placed as to obstruct the vision of the driver of any motor vehicle where vision is necessary for safety. (5) Illumination: Signs may be illuminated directly or indirectly unless specifically prohibited elsewhere in these LDRs. In residential zoning districts, all illumination shall be cut off luminair so that the light is not directed toward adjacent residentially zoned property. (6) Design ProhibitionslRestrictions: (a) Intermittent Li2htin2, Animation, Movin2 or Rotatin2 Signs: A sign shall not involve intermittent lighting, animation, motion or rotation of any part of a sign structure or display; except for governmental traffic signals, traffic devices and traffic signs as required by law. (b) Noise Producing Signs: A sign shall not produce noise or sounds. 9 ORD NO. 78-06 (c) Obscene Si2l1age: A SIgn shall not exhibit thereon any lewd, lascivious, or obscene, character, or illustration. (d) Restrictions as to Functions: The use of a sign may be restricted to functions as set forth in Subsection fB (E) (7) (Matrix) under the column of "type of sign". (e) Smoke or Odor Producing Signs: A sign shall not produce or emit smoke, vapor, particles, or odor. (7) Design Standards Matrix: The following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. The standards set forth therein are subject to descriptions, interpretations, exceptions, and limitations as provided for elsewhere in these LDRs. 10 ORD NO. 78-06 IRESIDENTIAL ZONE DISTRICTS SIGNING: (R-l DISTRICTS, PRD, RL, RM, RR AND AG DISTRICTS) Type of Sign Quantity Area (max.) Location * Height Illumination Wall Only one sign per 20 sq. ft. At least 10' - must be shielded lot or parcel from any property line Free-standing 20 sq. ft./face 8" ISIGNING LOCATED IN CF, ALL HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO Type of Sign Quantity Area (max.) Location * Height Illumination Wall Not more than two per lot, 30 sq. ft. on building face - Allowed parcel or development Projecting 30 sq. ft./face from building or under - Allowed canopy Free-standing 30 sq. ft./face may be in the front 8' Allowed yard setback Under canopy 4 sq. ft/face Under canopy Allowed I~IGNING FOR CHURCHES, TEMPLES, MOSQUES, SYN.^.GOGUES, .^.ND OTHER PLACES OF WORSHIP, REGf.RDLESS OF ZONE DISTRICT TY!'l1l af SigH ~ '.rell (mall.) LeeatieR * ~ IllHminatieR Wall ORe !'ler builaing I (} % of builaiRg fuee eR builaiHg face - Allewed Rot to IlKeeea 120 sl'J.. ft. Pree stanaiHg Qne 1 1/1 sl'J.. ft. !'ler 19 , - w: Allewed ef HeRtage Free stanaiHg ORe fler aaaiaoRal use ~ - &.:. Allewed ISIGNING IN GC, AC, NC, PC, CBD, MIC, I, POD, POC AND LI ZONE DISTRICTS Type of Sign Quantity Area (max.) Location * Height Illumination one per business 15% of building face facing each dedicated - Allowed (max. of 12' height, street frontage for computational purposes only, times the width) not to exceed 160 sq. ft. Wall one per building 9 sq. ft. on rear of building - Allowed not facing street one per business 15% of building face (max. of facing 1-95 - Allowed 12' height, for computation- ional purposes only, times the width) not to exceed 160 sq.ft. Directory one per building 24 sq. ft. on building face - Allowed Projecting One 30 sq. ft. from building or under - Allowed 3' from face of wall canopy Under canopy one per business 4 sq. ft. under a canopy which - Allowed extends store front access Free-standing one per frontage *one at 1/2 sq. ft. of frontage 14' Allowed not to exceed 160 sq. ft. *each additional limited to 50 sq. ft. ... Freestanding signs must comply with setback requirements of Section 4.6.7{Ft(E)(3) 11 UKU NU. IlS-Ub (F) Si2Ds Requirin2 Permits: (1) General: All signs, other than those exempted by Subsection (H) or prohibited by Subsection (I), must obtain a sign permit. Applications for sign permits shall be submitted and processed pursuant to these LDRs. Sign permits shall be issued by the Sign Administrator under the direction of the Chief Building Official for the following: (a) Master and Blanket Si2D Program Si2Ds: Individual signs being permitted under the provisions of an approved Master Sign Program or Blanket Program. (b) Si2Ds Meeting Standards: Individual signs which conform in all respects to the provisions of Subsection (E) and (K) of this Section. (c) Special Purpose Si2Ds: Which comply with the requirements of Subsection (F) (3). (2) Master Si2D and Blanket Si2D Pr02I"ams: (a) Blanket Si2D Pro2ram: A Blanket Sign Program may be required for a commercial property establishing the font, color, size and locations of signs on a multiple tenant building. A Blanket Sign Program shall be approved by the Site Plan Review and Appearance Board or the Historic Preservation Board if the project is in a historic district or historically designated site. After approval of a Blanket Sign Program, individual signs consistent therewith shall be administratively approved. (b) Master Si2D Pro2I"am: A Master Sign Program is to be used when the development of a project is of such a scale or character that the normal application of the design and/or aesthetic standards of Subsections (D) and (F), respectively, will not result in an effective sign program and signing more permissive than said standards is necessary. Approval of a Master Sign Program may include the automatic granting of waivers and/or adjustments to the provisions of Subsections (D) and (E) provided that the intent of the sign code is maintained and the character of the community and neighborhood is not diminished. A Master Sign Program shall be approved by the Site Plan Review and Appearance Board or if the project is in a historic district or historically designated site, by the Historic Preservation Board. After approval of a Master Sign Program, individual signs consistent therewith shall be administratively approved. (c) Nothing contained herein shall prevent diversity and creativity of individual signs in the Master Sign Program. 12 ORD NO. 78-06 (3) Special Purpose Si2Ds and Si2Din2: Permits for the following signs may be issued administratively provided that the provisions contained herein are complied with. (a) Gasoline Pricin2 Si2Ds: Signs may advertise the price of gasoline subject to the following restrictions: 1. Not more than twelve square feet (12 sq.ft.) per sign face. 2. If free standing, it shall not exceed five feet (5') in sign height. 3. If a part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. 4. One sign is permitted per frontage with a maximum of two signs per site. 5. Signs placed on pumps shall not exceed three square feet (3 sq.ft.) per sign face nor a total of six square feet (6 sq.ft.) per sIgn. (b) Grand Openin2 Banner: One banner may be placed on the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. 2. The banner shall not exceed an area of fifty square feet (50 sq.ft.), 3. The banner may not be more than fifteen feet (15)' above the grade, and must be placed on the building of the business, in the front of the business. 4. Banners shall be made of color fast material. (c) Historic Signin2: Signs which are building mounted or free- standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gained from the Historic Preservation Board. 13 ORD NO. 78-06 1. Maintenance of Nonconforming Nostalgic Signs: (i) Signs that have an historic or nostalgic appeal, and constitute artistic expression, and not solely advertising may be exempted from the removal requirements if a recommendation by the Historic Preservation Board is approved by the City Commission. In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. (ii) An owner of property on which an eXlstmg nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign. " (Hi) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (d) Drive Thru Window Si2Ils: Signs used by businesses in conjunction with service at a drive-thru window may be permitted as long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. A maximum of two (2) signs per drive thru window. (e) Murals and Si2ns Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. 14 ORD NO. 78-06 (0 Special Event Non-Roadway Banner Si2Jlin2: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: 1. the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and 3. the sign, if allowed for a limited time, must meet the following criteria: (i) the sign will not conceal or obstruct adjacent land uses or SIgns, (ii) the sign will not conflict with the principal permitted use of the site or adjoining sites, (iii) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within fourteen (14) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. 4. Each sign limited to less than twenty square feet (20 sq.ft.) In area; 5. Allowed fourteen (14) days prior to the event and must be removed by the second day after the event. (g) Special Event Roadway Banner Si2nin2: 15 ORD NO. 78-06 1. Roadway Banner Signs: may be approved and issued by the Sign Administrator under the direction of the Director of Community Improvement, for special events. Such signing shall be subject to the following standards: (i) The Roadway Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length, and placed at least fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. (ii) The text of a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co- sponsoring the event. (iii) Display of the Roadway Banner Sign will be limited to a maximum of fourteen (14) days prior to the event and must be removed by no later than two (2) days after the event. (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles . NE 151 A venue and East Atlantic Avenue; . Pineapple Grove Way and East Atlantic Avenue within the arch area; . Swinton and East Atlantic Avenue; and . NE 5th A venue and West Atlantic Avenue. (v) the sign will not conceal or obstruct adjacent land uses or SIgns, (vi) the sign will not conflict with the principal permitted use of the site or adjoining sites, 16 ORD NO. 78-06 (vii) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (viii) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i. e., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within fourteen (14) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. (h) Subdivision Identification Si2ns: Residential subdivision identification signs shall be located only at the entrance to the subdivision and subject to the following standards: 1. Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanently affixed to the walls at each entrance of the subdivision; 2. Each sign area shall be no greater than thirty-six square feet (36 sq.ft.) in area; 3. Such subdivision entrance SIgns are permitted within all residential zoning districts; 4. Such subdivision entrance signs may be erected within rights-of-way or median strips adjacent to the subdivision if approved by the City. A subdivision sign may also be located within the setbacks of private property within the subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3), if such sign was in existence as of July 1, 1988. 5. Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs 17 ORD NO. 78-06 located within a median shall be at least five feet (5') from any paved roadway; 6. Any such signs approved for location within the right-of-way or median, if such right-of-way or median is not within the jurisdiction of the City, shall obtain written permission from the governmental entity controlling the right-of-way or median to erect the sign in a requested and approved location; 7. Any signs proposed to be located on adjacent private property shall be approved and permitted by the owners of the adjacent property. Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code; and 8. All signs proposed to be located within a right-of-way or median shall be reviewed and approved by the City Engineer or appointed designee for compliance with this section. (i) Temporary Identification Si211s: Temporary identification signs shall be subject to the following standards: 1. Freestanding Sign: One sign per street frontage, non- illuminated, with a sign area of not more than thirty-two square feet (32 sq.ft.), nor more than seven feet (7') in height. 2. Sign Located on a Building: One sign per building frontage, non-illuminated with a sign area of not more than thirty-two square feet (32 sq.ft.). 3. The sign may be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupancy. G) Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: 18 ORD NO. 78-06 1. One pole mounted sign per approved Valet Queue, meeting the requirements of valet parking agreements. 2. Valet Parking signs shall be manufactured and installed by the City. The sign area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the business daily during business hours when the approved valet queue is not in use. 3. Traffic control cones may be used for queumg purposes, however they shall not contain any additional signage or markings. (G) Non-Commercial Message: Notwithstanding anything contained in Section 4.6.7 "Signs", to the contrary, any sign erected pursuant to the provisions of this Code may, at the option of the applicant, contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises. The non-commercial message may occupy the entire sign face or portion thereof. The sign face may be changed from commercial to non-commercial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this section, the sign is allowed by this Code, the sign conforms to the requirements of the zoning designation and the appropriate permits are obtained. Noncommercial copy may be substituted for commercial copy wherever commercial copy appears. For the purposes of Section 4.6.7, non-commercial messages, by their very nature, shall never be deemed off-premises. (H) Exempt Signs: The following signs are allowed to be erected on private property in the City of Delray Beach, pursuant to the limitations set forth herein, and do not require a permit: (1) Automated Teller Machine (ATM) Panels: One panel which is physically constructed within and is an integral part of an ATM, and bears the name of the ATM system to which it belongs. (2) Directional Signs: Such signs shall not extend more than five feet (5') from the ground and shall not be greater than four square feet (4 sq.ft.) in area. (3) Flags: 19 ORD NO. 78-06 (a) Flags may be displayed on any residential or non-residential parcel of land in accordance with the following rules: 1. A Flag is a piece of cloth usually attached at one edge to a staff/pole or cord. 2. No more than three (3) flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non-residential purposes. 3. For parcels or developments equal to or greater than one acre in area that are zoned and used for non-residential purposes, no more than one flag per 15,000 square feet of lot area shall be allowed. (b) Two (2) flags may be flown at a time when model homes or model apartments are open for inspection. (4) Hours of Operation Si2ns: Signs denoting hours of operation shall be non-illuminated; have a sign face of not more than one square foot (1 sq.ft.) and be located close to the entry of the business. (5) Instructional Si2l1s: Instructional signs are signs which convey instructions with respect to the premises on which it is located, such as "no trespassing", a danger sign, and similar signs (other than parking signs). Such signs shall not extend more than five feet (5') from the ground and shall not be greater than three square feet (3 sq.ft.) in area. (6) Nameplates: One (1) nameplate sign per building, not exceeding three square feet (3 sq.ft.) in area, of a noncommercial nature, and bearing the name or street address of the principal occupant. 20 ORD NO. 78-06 (7) Non-Residential: (a) Non-Residential Real Estate Sif!ns: 1. One freestanding real estate sign along each street frontage. including those located within a historic district. 2. Non-residential Real Estate Signs shall not exceed sixteen square feet (16 sq.ft.). and shall be limited to seven feet (7') in height. 3. Within a non-residential property located in a Historic District. real estate signs shall not exceed sixteen square feet (16 sq. ft.). and shall be limited to seven feet (7') in height. (8) Residential. (a) Residential Real Estate Sif!ns: 1. One sign per lot. the sign being not greater than three square feet (3 sq. ft.) in area on residentially zoned property: 2. One additional sign per lot may be erected on a lot which borders a waterway and/or for comer lots provided that the additional sign is located along the waterways and/or placed so that there is only one (1) sign per street frontage. Such sign shall not exceed nine square feet (9 Sq.ft.) in area: 3. An additional sign or "rider" sign. of not greater than three square feet (3 sq.ft.). may be attached to or accompany a real estate sign: (9) Window Signs. 1. Plastic. neon. or painted signs may be placed upon windows when limited to 20% of the aggregate glass area. per tenant space or per mam use. 2. Paper signs displayed two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate area. per tenant space. 21 ORD NO. 78-06 (10) Temporary Si2Ils: (a) Temporary Non-Commercial Si2Ils 1. Temporary non-commercial signs may be placed on public rights-of-ways. 2. Each temporary non-commercial sign within a public right- of-way shall be removed within ten (10) days after the date of event, election or referendum. If said signs are not removed prior to the expiration of the ten (10) day period, the sign shall constitute an abandoned sign and the City shall remove the sign 3. No temporary non-commercial sign shall exceed twelve square feet (12 sq.ft.) per sign face in area on any private lot or parcel. 4. Any temporary non-commercial sign in the public right-of- way shall not exceed three square feet (3 sq.ft). No temporary non-commercial sign shall be placed on any public property. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. (11) Tenant Panels: A change of a tenant panel in a directory sign, or a sign which accommodates a tenant, is exempt from needing a permit provided that the sign was permitted and there is no change in colors or letter style. (I) Exempt Si2ns Requirin2 City Mana2er or his/her Desi2Ilee's Approval: (1) Wayfinder and Directional Si2Ils within Public Ri2hts-of-Way: (a) the sign provides notice to the public of a public meeting or other public event, (b) An off-premise sign designed to guide or direct pedestrians or vehicular traffic and it also may include kiosks that provide information of general benefit to the community, and 22 ORD NO. 78-06 (c) the sign, if allowed for a limited time, will meet the following criteria: 1. the signs will not conceal or obstruct adjacent land uses or sIgns, 2. the signs will not conflict with the principal permitted use of the site or adjoining sites, 3. the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and 4. the signs will be installed and maintained in a safe manner. 5. The approval, or disapproval, of such signs shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. 6. Directional signs shall be no greater than eight (8) inches by thirty (30) inches per sign. The City Engineer must inspect each proposed location for traffic obstruction. (J) Prohibited Si2Ds: The following signs, or sign features, are prohibited within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited signs or use prohibited sign features. Further, any sign not provided for, or expressly permitted by these LDRs is also prohibited. (1) Banners and Wind Si2Ds: (a) Banners: Prohibited. (b) Wind Si2Ds: Prohibited. (2) Off-Premise Si2Ds: A sign, including building signs, that advertise an establishment, merchandise, service, or entertainment which is sold, produced, manufactured, or 23 ORD NO. 78-06 furnished at a place other than the property on which the sIgn IS located, however, non- commercial messages shall never be off-premises. (3) Roof Si2Ds: A sign erected on the roof, or above the roof line, or on the parapet. (4) Snipe Si2Ds: Snipe signs are prohibited. (5) Traffic Confusion: A sign or other advertising matter erected at the intersection of any streets or in any street right-of-way in 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, a traffic signal, or traffic device; or which makes use of the words "stop", "look", "drive-in", "danger", or any other word, phrase, symbol, or character in a manner as to interfere with, mislead, or confuse vehicular traffic. (6) Vehicular Si2Ds: Signs placed on vehicles or trailers that are parked in the street, public right-of-way or on private property for the primary purpose of displaying the sign for advertising a commercial enterprise. (7) Waterbourne Si2ns: No sign or advertising shall be displayed on a vessel plying the waterways, excluding, the identification of the vessel. Section 2. That Section 4.6.7 (1)(8), "Commercial Signs in Public Rights-of-Way" of the Land Development Regulations of the City of Delray Beach, Florida, be enacted to read as follows: (8) Commercial Si2Ds in Public Ri2hts-of-Way: Prohibited. Section 3. That Section 4.6.7(K)-(O) of the Land Development Regulations of the City of Delray Beach, Florida, be enacted to read as follows: (K) Structural Standards: In addition to provisions of the Standard Building Code and provisions of Chapter 7 of this Code, the following structural standards shall be required for all signs erected in the City. (1) Securin2 Si2Ds: 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. 24 ORD NO. 78-06 (2) Wind Loading: Every sign shall be constructed in a manner as to withstand 140 miles per hour wind. Sign contractors or the owner shall submit plans showing location, structural members, and design calculations for wind loading and for signs thirty-two square feet (32 sq.ft.) or over, a certification sealed by a state registered engineer or architect stating that the design will meet the requirements of this code shall be submitted. All sign contractors shall sign a certificate stating wind loading will meet requirements of this chapter where signs under thirty-two square feet (32 sq.ft.) are submitted. (L) Removal of Signs: (1) Removal and Disposition of Non-Complying Signs: (a) It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements of Section 4.6.7. The City is authorized to remove unlawful signs and sign structures pursuant to the provisions of Section 4.6.7. (b) Unauthorized signs are subject to removal pursuant to the following provisions: 1. Temporary Signs. (i) The City finds that, in view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs. The City Manager is hereby authorized to remove such signs when unlawfully erected and maintained, subject to the provisions contained below. (ii) After removal of a sign pursuant to this section, a notice will be sent, either in person or by first-class postage, prepaid, to the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within thirty (30) days of the date of the notice, and that, if the sign is not 25 ORD NO. 78-06 retrieved within thirty (30) days, it will be disposed of by the City. (Hi) The City shall dispose of all unclaimed signs after the expiration of the thirty (30) day period. 2. Permanent Signs. (i) Signs and sign structures not subject to removal pursuant to (i) above which are or have been erected or maintained unlawfully, may be referred to the code enforcement board for appropriate action or the City may proceed to pursue all remedies available at law or equity to it to remove signs or sign structures which are or have been unlawfully erected or maintained. (2) Unsafe Signs: Notwithstanding the above provisions, any sign which is declared to be a dangerous sign shall be removed or made to conform with the current building code immediately, upon notice, by the Chief Building Official. (M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of Delray Beach shall apply. (N) Procedure to Appeal Permit Denial. 1. Permit application may be denied for the following reasons: (a) The application for permit is not fully completed and executed; (b) The applicant has not tendered the required application fee with the application; (c) The application for permit contains a material falsehood or misrepresentation; (d) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City. 2. If permit application was denied, it may be appealed to the Circuit Court of Palm Beach County within thirty (30) days of the decision. 26 ORD NO. 78-06 (0) Severability: (1) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the following subsections of this Article, Section 4.6.7(F)(7), "Design Standards Matrix" and Section 4.6.7(G), "Non-Commercial Message" . (2) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (0)(1) or elsewhere in this Article, this code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect Subsections 4.6.7(F)(7) and 4.6.7(G) of this Article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. (3) Severability of provIsIons pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (0) (1) or elsewhere in this Article, this code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under Subsection 4.6.7(1) is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any part, word or paragraph of Subsections 4.6.7(F)(7) and 4.6.7(G), thereby ensuring that sign height, size and location continue to be regulated. Section 4. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: ANIMA TED SIGN: A sign which uses movement or change of lighting to depict action or to create a special effect or scene. AWNING SIGN: A tenant identification sign designed as part of the awning. 27 ORD NO. 78-06 BANNER: A temporary sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner" shall include any animated or fluttering devices designed to attract attention CANOPY SIGN: A pedestrian oriented sign which is suspended from, attached to, supported from, or forms a part of a canopy. CHANGEABLE COPY SIGN: A sign on which a message copy is changed through moveable letters, numbers, etc. CONSTRUCTION/DEVELOPMENT SICN: .^~ temporary sign identifying an architect, contractor, subcontractor, or deyeloper OR tlle property which is to be developed. DIRECTIONAL SIGN: An on-premise, incidental sign designed to guide or direct pedestrians or vehicular traffic. DIRECTORY SIGN: A sign listing the tenant's names, locations, buildings or group of buildings. FLAG: A piece of cloth usually attached at one edge to a staff/pole or cord. FLAT WALL SIGN: A sign erected parallel to the building to which it is attached, and supported entirely by the fa~ade. FREEST ANDING SIGN: A free-standing sign is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or monument sign. All signs erected on a pole shall have a pole cover. All free-standing signs shall contain the street number. GASOLINE PRICING SIGN: A sign incorporated into a gasoline station identity sign, for display of the price changes. HEIGHT (OF A SIGN): The vertical distance measured from the highest point of the sign, to the grade at the base of the sign. IDENTIFICATION SIGN: A sign, indicating the name of the primary use. ILLEGAL SIGN: A sign which does not meet the requirements of this code and which has not received legal nonconforming status. ILLUMINATED SIGN: A sign with an internal or external artificial light source. 28 ORD NO. 78-06 MARQUEE SIGN: A sign attached to or supported by a marquee structure, which is a permanent roof-like structure or canopy extending from the fal;ade of the building. MENU BOARD SIGN: A changeable copy sign for displaying a menu selection and pricing of the items for sale. MONUMENT SIGN: A freestanding low profile sign with the sign area at the top of a solid base. NAMEPLATE SIGN: A non-electric, on-premise identification sign giving only the name, address and/or occupation of the occupants. NON-COMMERCIAL SIGN: A temporary sign erected for purposes other than advertising a commercial business. NONCONFORMING SIGN: A sign which was erected legally but no longer complies with the current sign code regulations. OFF-PREMISE SIGN: A sign advertising a business which is not located on the property where the sign is located. PAINTED WALL SIGN: A sign applied with paint or similar substance on the face of a wall. POLE SIGN: A freestanding sign that has the sign area at the top of a pole. POLITICAL SICN: 1\ temporary sign erected by a political candidate, or a propoBeat or opponent to a referendum, or grol:lp or ageflt tll@reof for political purposes directed to'lIard the ultimate exercise of voting by the general public in connection witll local, state or national elections. PORTABLE SIGN: Any sign designed to be easily moved, such as a sidewalk or sandwich boards sign, and is not permanently affixed to the ground or to a building. PROJECTING SIGN: A sign which is attached at a right angle to the outside wall of the building REAL ESTATE SIGN: Any temporary sign advertising the real estate where the sign is placed, stating as being for sale, rent or lease. 29 ORD NO. 78-06 ROOF SIGN: A sign which projects above the roof line or is located on the roof of the building structure. SIGN: Any device, structure or fixture using graphics, symbols or written copy designed to advertise or identify an establishment, product, goods or services. SIGN AREA: The sign area shall be the area of a rectangle enclosing all lettering, illustrations, ornamentation and logos which forms an integral part of the display, or differentiates the display area from the background on which it is placed. SNIPE SIGN: Any sign located in the public right-of-way or placed in the ground for commercial purposes, excluding garage sales, yard sales, homeowners and civic meeting signs. SUBDIVISION ENTRANCE SIGN: An entrance sign identifying the name of the subdivision or residential development. TEMPORARY SIGN: Any sign erected for a limited time period not to exceed six (6) months. UNDER-CANOPY SIGN: A sign attached or suspended under the canopy or roof of a walkway. WALL SIGN: A sign painted or attached parallel to the outside of a building. W A YFINDER SIGNS: An off-premise sign designed to guide or direct pedestrians or vehicular traffic. WIND SIGN: Signs consisting of banners, pennants, ribbons, spinners, streamers, balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind. 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 division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not effect the validity of any remaining portions of the ordinance. Section 6. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon 30 ORD NO. 78-06 PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2006. ATTEST: MAYOR City Clerk First Reading: Second Reading: 31 ORD NO. 78-06 MEETING DATE: NOVEMBER 20, 2006 V.C. AGENDA NO: AGENDA ITEM: CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 4, REPEALING SECTION 4.6.7 "SIGNS" IN ITS ENTIRETY, ENACTING A NEW SECTION 4.6.7 "SIGNS" AND AMENDING APPENDIX A "DEFINITIONS" RELATING TO SIGNS. The item before the Board is that of making a recommendation to the City Commission regarding City-initiated amendments to the Land Development Regulations to accommodate revisions to the sign code and related definition section. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Recent case law from the Eleventh Circuit Court has found that the regulation of signage cannot be based on sign content. The proposed amendment is a complete rewrite of the sign code to eliminate any reference to regulations pertaining to sign content. The code has also been rewritten to be more user friendly, additional language has been added to define "flags" and "noncommercial signs" and definitions have been deleted for "Construction/development sign" and "political sign". Clarification language has been added to the adopting ordinance whereas clauses and severability language has been included to provide protection should the ordinance be legally challenged. The following is a summary of the specific changes by LDR section. 1. New Section 4.6.7(E) is "Sign Design Standards", which used to be 4.6.7(F) and old Section 4.6.7(E) was "Signs Requiring Permits" and is now 4.6.7(F) (they were just moved around but there was no change in substance). 2. Removed "Grand Opening Portable Signs" - old 4.6.7(E)(3)(d). "Ground Signs", old 4.6.7(E)(3)(e) and "Historic Signing", old 4.6.7(E)(3)(f) and "Menu Board Signs", old 4.6.7(E)(3)(g). "Parking Area Signs", old 4.6.7(E)(3)U) and "Temporary Construction/ Development Signs", old 4.6.7(E)(3)(0), in order to avoid regulation of speech by removing any reference to the content of the sign. 3. "Non-Residential Real Estate Signs", 4.6.7(E)(3)(i) is moved to 4.6.7(H)(7)(a), but there were no changes to the substance. 4. Removed reference to "Flags of Service or Civil Organizations" from old 4.6.7(H)(3)(c). Removed "Other Temporary Signs" from old 4.6.7(H)(9)(b). Removed "City Civil Signs" from old 4.6.7(1)(1). Removed reference to "Temporary Political Signs" under 4.6.7(H)(1) and renamed, "Temporary Non-Commercial Signs" in order to avoid regulation of speech by removing any reference to the content of the sign. V.C Planning and Zoning Board Memorandum Staff Report, November 20, 2006 Amendment to LDRs Pertaining to Sign Code LDR Section 4.6.7 Page 2 5. Added prohibition on "Commercial Signs in Public R-O-W" under 4.6.7(J)(8). This was to clarify that snipe signs are prohibited (no change, just clarifies). 6. Added 4.6.7(0), "Severability" to provide that if any portion of the sign code is found to be unconstitutional then only that portion should be deleted and the rest of it will remain valid and in effect. 7. Added definitions for "Flag" and "Non-Commercial Sign", to provide clear definitions of same and removed definitions for "ConstructionlDevelopment Sign" and "Political Sign" because these provisions were removed due to the fact that they were content based. Overall, the changes were made in order to make the sign code more user-friendly and in order to remove (to the extent that it was possible) any reference to the content of a sign by removing and/or renaming content-based descriptions in order to comply with the Solantic case. REQUIRED FINDINGS LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5{M)(5) (Findings), in addition to LOR Section 1.1.6{A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Obiective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices. The purpose of the amendment is to make the sign code complaint with current case law. While compliance with case law is not specifically mentioned in the Goals, Objectives, and Policies section of the Comprehensive Plan it is not inconsistent with them. Further, the amendment proposes modifications which are required to bring the Based on the above, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: . Progressive Residents of Delray (PROD) . President's Council . Neighborhood Advisory Council ~ Planning and Zoning Board Memorandum Staff Report, November 20, 2006 Amendment to LORs Pertaining to Sign Code LOR Section 4.6.7 Page 3 . Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The purpose of this City-initiated LDR text amendment is to replace the existing sign code to eliminate any reference to regulations pertaining to sign content and to make it more user friendly. Positive findings can be made with respect to LDR Section 2.4.5(M)(5) and the proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Recommend to the City Commission approval of the City-initiated amendments to LDR Chapter 4, repealing Section 4.6.7 "Signs" in its entirety, enacting a new Section 4.6.7 "Signs" and amending Appendix A definitions section of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: . Proposed Ordinance en CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING ZONING REGULATIONS BY REPEALING SECTION 4.6.7, "SIGNS" IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE, AND AMENDING APPENDIX "A" <D o o C\j ~1 OJ .0 11 ~ " Vl ~ OJ Z ..c:: u ro OJ ~ ~ Qj !2i c .8 <IJ 0::: ro u o en The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 78-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SlGNS", LN ITS ENTIRETY AND ENACfING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE. COMBINED AND UPDATED SIGN CODE; AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS RELATING TO SIGNS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The Cily Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held 011 TUESDAY. DECEMBER 5. 2006. ,\T 7:00 P.M. .in the Commission Chambers at City Hall, 00 N.W. 1st Avenue, Delray Beach. Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TlIESDAY. .JANUARY 2. 2007. AT 7:00 P.M. (or al any continuation of such meeting which is set by the Commission) in the Commission Chambers al City Hall, 100 N. W. I st Avenue, Delray Beach, Florida. E o u <Ii ~ OJ c ro u o .0 ~ ~ All interested citizens are invited to alkmd ~he public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planniltg and Zoning Department. For further information or \0 obtain a copy of the proposed ordinance, please conlact the Planning and Zoning Department, City Hall. JOO N.W. Is! Avenue. Delray Beach, Florida 33444lemail al pzmail@mydelraybeaclt.com) or by calling 561/243-7040). between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Please be advised that if a persondccides to appeal any decision made by the Cily Commission with respect to any matter considered affhesc hearings, sneh person may need 10 ensure that a verbatim record includes Ihe teslimony and evidence UpOIl which the appeal is to be based. The City does not provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nuhin, CMC City Clerk PUBLISH: Monday, November 27, 2006 Tuesday, December 26, 2006 BOCA RATON NEWS/OELRA Y BEACII NEWS ec' Lttk1eldo.-- ~ tee .5~ A~JtV