30-79 ORDINANCE NO 30-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3 "SIGNS
AND BILLBOARDS" OF THE CODE OF ORDINANCES BY RE-
PEALING SECTION 3-2 AND ENACTING A NEW SECTION
3-2; REPEALING SECTION 3-3 (a) (4) AND RENUMBERING
(a) (5) TO (a) (4); REPEALING SECTION 3-3 (b) AND
ENACTING A NEW SECTION 3-3 (b); AMENDING SECTION
3-5 (7); REPEALING SECTION 3-12 AND ENACTING A NEW
SECTION 3-12; AMENDING SECTION 3-13(1); AMENDING
SECTIONS 3-14(A)(2), 3-14(C) AND 3-14(D)(1); RE-
PEALING SECTIONS 3-14(E) AND 3-14(F) AND ENACTING
NEW SUCTIONS 3-14 (E), 3-14 (F) AND 3-14 (G); AMEND-.
ING SECTIONS 3-15(A) AND 3-15(D)(1)(a); PROVIDING
g SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a committee was appointed by the City Council to study
the Delray Beach Sign Ordinance and submit to Council recommendations
for clarification and updating said ordinance; and,
WHEREAS, said committee did submit to Council recommendations
for repealing and amending certain provisions of said ordinance and
adding new provisions in order to clarify said ordinance and bring it
up to date; and,
WHEREAS Council has approved the recommendations of said com-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 3-2 is hereby repealed and a new Sec-
tion 3-2 "Purpose" is hereby enacted to read as follows:
Sec. 3-2. Purpose.
(a) It shall be the purpose of this chapter to promote
the aesthetics, safety, health, morals and general
welfare and the assurance of protection of ade-
quate light and air within said City by regulation
of the posting, displaying, erection, use and
maintenance of signs.
(b) All signs requiring a permit are subject to the
approval of the Community Appearance Board as
provided for under Sec. 3-13.
Section 2. That Section 3-3(a)(4) is hereby repealed and (a) (5)
is hereby renurabered to read as follows:
(a) Language
~(4) A "building" or "structure" i~ncludes any part
attached thereto.
Section 3. That Section 3-3(b) is hereby repealed and a new
Section 3-3(b) is hereby enacted to read as follows:
(b) Definitions. Certain words and terms in this
chapter are defined for the purpose thereof as
follows:
(1) Abandoned sign: A sign is considered abandoned
if, a business advertised on that sign is no
longer licensed, no longer has a certificate of
occupancy or is no longer doing business at that
location.
(2) Advertising sign: A sign directing attention
to a business, commodity, service, or enter-
tainment conducted, sold or offered.
(3) Advertising structure: Any structure erected
for advertising purposes, with or without any
advertisement display thereon, situated upon
or attached to real property, upon which any
poster, bill, printing, painting, device or
other advertisement may be placed, posted,
painted, tacked, nailed, or otherwise fastened,
affixed or displayed provided, however, that
said term shall not include buildings.
(4) Banner: A sign having the characters, letters,
illustrations or ornamentations applied to cloth,
paper or fabric of any kind with only such ma-
terial for a backing. "Banner" shall include
any animated and/or fluttering devices designed
to attract attention. "Banner" shall not in-
clude flags of federal, state, county, or city
origin. See prohibited signs (Sec. 3-12 (7)).
(5) Billboards: A sign structure, including build-
ing, for any sign advertising an establishment,
merchandise, service or entertainment, which is
sold, produced, manufactured, and/or furnished
at a place other than on the property on which
said sign is located. Billboards are prohibited
in the city.
(6) Building Official: The officer or other person
charged with the administration and enforcement
of this chapter or his duly authorized representa~
tive.
(7) Bulletin board: A sign of permanent character,
but with removable letters, words or numerals,
indicating the names or persons associated with,
or events conducted upon, or products or ser-
vices offered upon, the premises upon which such
a sign is maintained.
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Ord. No. 30-79
(8) Canopy sign, under: A separate sign supported by
a canopy hanging beneath the canopy and in all
cases mounted perpendicular to th~ building.
These types of signs are prohibited in the City.
(9) City: Unless the context clearly discloses a
contrary intent, the word "city" shall mean the
City of Delray Beach.
(10) Combustible sign: Any sign or sign structure
which has an internal electrical circuit which
may ignite or support flames and which has a
low flame point. Prime examples of combustible
signs would be wood, non-U.L, approved plastics,
cloths, etc.
(11) Directional sign:
(a) On-premise incidental signs designated to
guide or direct pedestrians or vehicular
traffic.
(b) Signs erected or permitted by the city, Palm
Beach County, State of Florida, or the United
States government or agency thereof for the
direction or safety of the public.
(c) A sign, notice or symbol as to the time and
place of regular civic meetings and religious
activities and services.
(12) Double-faced sign: A sign with two (2) faces
which are usually, but not necessarily, parallel.
(13) Electrical sign: A sign or sign structure in
which integral electric wiring, connections and/
or fixtures are used as part of the sign proper.
(14) Entrance gates: An identification structure
located along the main access to a city-approved
subdivision or development and necessary di-
rectional signs.
(15) Facade: That portion of any exterior elevation
of a building extending from grade to the top
of the parapet wall or eaves and the entire width
of the building elevation.
(16) Fixed projection sign: A sign, other than a flat
sign, which extends outward from the facade of
any building and is rigidly affixed thereto
(17) Flat sign: A sign erected parallel to and ex-
tending not more than eight (8) inches from the
facade of any building.
(18) Freestanding sign: A detached sign which shall
include any signs supported by uprights or braces
placed upon or in or supported by the ground and
not attached to any building.
(19) Ground sign: See "Freestanding sign."
Ord. No. 30-79
(20) Home occupation nameplate or sign: A sign not
more than one square foot in area.
(21) Identification sign: A sign, other than a bulle-~
tin board sign, or nameplate sign, indicating the
name of the primary use, the name or address of
a building, or the name of the management there-
of.
(22) Illuminated sign: A sign in which a source of
light is used in order to make the message read-
able and shall include internally and externally
lighted signs.
(23) Inspector: A city employee working as an in-
spector under the authority and direction of
the city building official.
(24) Instructional sign: A sign conveying instructions
with respect to the premises on which it is main-!
tained, such as the entrance or exit of a parking
area, a no trespassing sign, a danger sign, and
similar signs.
(25) Nonconforming sign: A sign or advertising struc-
ture existing within the incorporated area on
the effective date of this chapter which, by its
height, square foot area, location, use or struc-
tural support does not conform to the require-
ments of this code shall hereafter be termed
nonconforming.
(26) Off-premise sign: A sign, including building
signs, advertising an establishment, merchandise,I
service or entertainment, which is sold, pro-
duced, manufactured, and/or furnished at a place
other than the property on which said sign is
located. These types of signs are prohibited
in the city.
(27) On-premise sign: A sign which carries only ad-
vertising strictly incidental to the lawful use
of the premise on which it is located, including
signs or sign devices indicating the business
transacted, services rendered, goods sold or
produced on the premises, name of the business,
name of the person, firm or corporation occu-
pying the premises.
(28) Painted wall sign: A sign painted on any outside
wall or roof or on glass of any building.
(29) Parapet: A false front or wall extension above
the roof line.
(30) Perimeter: The whole outer boundary of any
structure designated as a sign.
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Ord. No. 30-79
(31) Person: Shall include an individual, partner-
ship, association, corporation or any combinationl
thereof.
(32) Pole or ground sign: See "Freestanding sign."
(33) Political sign: A sign erected by a political
candidate, group or agent thereof for political
purposes.
(34) Planned Residential District: The PRD zoning
district is intended to provide low density
residential areas in which multiple family and
detached single family developments are planned
together so as to promote flexibility in the
development of land, improve design, character
and quality, and preserve the natural and scenic
features of open spaces See Section 29-8.1,
29-8.2 and 29-8.3 for PRD 4, PRD 7 and PRD 10
zoning ordinances.
(35) Premises: The real property which is involved
by the sign or signs mentioned in this chapter.
(36) Real estate sign: Shall mean any sign erected
by an owner or his agent, advertising the real
property upon which the sign is located as for
rent or sale.
(37) Real property: The portion of land and/or
buildings contained in a legal description
setting forth the boundaries of such property
and legally acknowledged under the laws of the
State of Florida and Palm Beach County.
(38) Recreational facility: Any building or struc-
ture designated for recreational purposes such
as games, sports, etc., and including any ad-
jacent property included for such use.
(39) Roof sign: A sign erected upon or above a roof
or parapet wall of a building.
(40) Special Activities District: The SAD is in-
tended for those locations where tracts suitable
in location, area, and character for the special-
ized purposes proposed by the applicant, and as
determined in the action rezoning a particular
property, are to be planned and developed as
units. The uses and activities of the SAD are
to be suitable and compatible with surrounding
existing development, and with the prospective
character of the area. It is further intended
that, in the establishment of a SAD, that the
uses and activities proposed for such districts
shall not be detrimental to the appearance, com-
fort, convenience, general welfare, good order,
health, morals, prosperity, and safety of the
city, and the general area in which they may be
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Ord. No. 30-79
located. It is further intended that the uses
and activities to be established in, and con-
ducted within such districts, shall be determined
at the time of rezoning land to this particular
classification, and that uses and activities may i
vary from one SAD to another, to the end that
the districts where established, will accomplish
the purposes set out.
(41) Shopping center: A group of commercial predomi-
nately retail or service establishments planned,
developed, managed a~rd operated as a unit and
which utilizes a common parking area.
(42) Sidewalk or sandwich sign: A movable sign not
secured or attached to the ground. These types
of signs are prohibited in the city.
(43) Sign: A device or representation for visual
communication that is used for the purpose of
bringing the subject thereof to the attention
of others.
(44) Sign, area of: The square foot area enclosed
by the perimeter of the sign sections with each
face contributing to the aggregate area, pro-
vided, however, that concerning painted wall
signs or flat signs, which composed of letters
only (whether script or printed letters), sign
area is the sum of the areas of the smallest
contiguous rectangles containing a continuous
line or lines of advertising matter.
(45) Sign face: The part of the sign that is or can
be used for advertising purpose.
(46) Sign contractor: Person, firm or corporation
licensed to erect any type sign structure re-
gardless of size and complexity, but shall not
be allowed to install any electrical work in
connection therewith. (See definition herein.)
(47) Sign structure: Any structure which supports
or is capable of supporting any sign as defined
in this code. A sign structure may be a single
pole and may or may not be an integral part of
a building°
(48) Snipe sign: A sign of a temporary nature which
is mounted to trees, poles, fences, stakes, or
other objects, and which advertises or displays
matter not applicable to the present use of the
premises on which the sign is located. These
types of signs are prohibited in the city.
(49) Swinging projecting sign: A sign projecting
from the outside wall or walls of any building
which is hung from one rigid support, irre-
spective of the number of guy wires used in
Ord. No. 30-79
connection therewith. These types of signs are
prohibited in the city.
(50) Temporary construction sign: One sign jointly
erected and maintained on premises undergoing
construction by an architect, contractor, sub-
contractor, and/or materialman and financial
institutions.
(51) Vehicular sign: A sign or sign structure at-
tached or affixed in any manner in or to any
wheeled vehicle for the purpose of advertising
that business to which the sign refers, exclud-
ing, however, signs which are painted upOn or
magnetically affixed to a vehicle which is regu-
larly used as such in the normal course of the
business advertised or which may be required by
law, and further excluding such signs attached
or affixed to public transportation vehicles
for business advertising purposes when such
vehicles belong to a duly licensed public
transportation company.
Section 4. That Section 3-5(7) is hereby amended to read as
follows:
(7) A sketch, blueprint, blue line print, or similar pre-
sentation showing all pertinent structural details,
wind pressure requirements, and materials to be'used
in accordance with the requirements of this chapter.
The seal of a Florida registered engineer or architect
shall be affixed to drawings of sign ~-s~ structures
which have an area e~ee~ thirty-two (32) square
feet or over certifying that such signs are designed
to withstand fifty (50) pound wind loading. Signs
from sixteen (16) ~quare feet and .less than thirty-two
(32') square feet shall be d~si~ned to show calculations
tO Wit~s~nd a wind load of fifty (50) pounds per square
foot.
Section 5. That Section 3-12 is hereby repealed and a new Secv
tion 3-12 is hereby enacted to read as follows:
Sec. 3-12. Certain signs or sign structures prohibited.
From and after effective date of this chapter, it shall be
unlawful for any person to erect, place or use within the
City:
(1) Swinging projecting signs.
(2) Off-premise signs as defined and regulated, ex-
cept directional signs. (See Sec. 3-3(b) (26)
and Sec. 3-15(D) (1) (a)).
(3) Snipe signs.
(4) Sidewalk and sandwich signs.
~! - 7 - Ord. No. 30-79
(5) Temporary political signs.
(6) Roof signs except an aviation directional sign.
(7) A banner sign except for two (2) flag banners
per model home or model apartment at time the
model home or model apartment is open for in-
spection and except the flying of the one
national, one state, and one city flag and ser-
vice and civic clubs and organization signs and
banners during day of meeting. Flag banners for
model homes or model apartment units shall be
limited to an area of fifteen (15) square feet
per flag.
(8) Billboards.
(9) A sign which involves motion or rotation of any
part of the structure or display or a sign con-
taining intermittent lights or animation except
a time and temperature unit, or a traveling mes-
sage sign which is a part of a sign permitted
in business and commercial districts, such part
of the sign permitted shall not exceed twenty-
five (25) square feet in area.
(10) Circulars, throwaways, handbills and vehicular
signs as set forth under Section 3-3. This
prohibition, however, shall not be construed
to prevent the distribution on a regular weekly,
biweekly or monthly basis of unsolicited ad-
vertising and/or news dissemination by a busines~
duly licensed within the city to engage in such
distribution and/or dissemination.
(11) Electrical signs of a commercial nature in resi-
dential districts except that in a subdivision
development, where models are being demonstrated
an illuminated sign, meeting the other require-
ments of this chapter, may be used provided no
illumination is shown between the hours of
9:00 p.m. and 7:00 a.m. the following day.
(12) Any other type or kind of signs which do not
comply with the terms, conditions and provisions
contained in this chapter.
(13) Signs or other advertising matter as regulated
by ~this code erected at the intersection of any
streets or in any street right-of-way in such
a manner as to obstruct free and clear vision;
or at any location where, by reason of the posi-
tion, shape, or color, it may interfere with,
obstruct the view of, or be confused with any
authorized traffic sign, signal, or device; or
which makes use of words "stop", "look", "drive-
in", "danger", or any other word, phrase, symbol
Ord. No. 30-79
or character in such manner as to interfere
with, mislead, or confuse vehicular traffic
as determined by traffic engineering.
(14) Moving or stationary advertising sign displayed
on a vessel plying the waterways.
(15) Signs which exhibit thereon any lewd, lascivi-
ous, indecent or immoral wordings, character
or illustration.
(16) Signs which produce noise or sound.
(17) Signs which emit smoke, vapor, particles or
odor.
(18) Signs of any kind which extend into or above or
be anchored or placed in any portion of the
right-of-way of a city street or sidewalk area,
or used public street or public sidewalks
(except official city, county and state signs).
(19) Flat signs projecting more than eight (8) inches
from wall of building.
(20) Canopy sign.
Section 6. That Section 3-13(1) is hereby amended to read as
follows:
(1) The scale of the sign must be consistent with the scale
of the building on which it is to be placed or painted
and the neiqhborhood in which it is located. However,
in no case shall it exceed the size provided for in
other sections of this chapter.
Section 7. That Section 3-14(A)(2), Section 3-14(C) and Section
3-14(D) (1) are hereby amended to read as follows:
(A) Residential R-1AAA and R-1AAAB.
(2) On plots containing permitted nonresidential struc-
tures or uses, ~e~-~-~-e~e~-e~-~e~e~ a flat
sign or freestanding sign not exceeding twenty (20)
square feet in area will be permitted provided no
part of such sign is closer than ten (10) feet to
the property line. Such sign may be illuminated
provided abutting residences are shielded from the
source of light. Such sign may advertise the main
use of the premises only.
(C) Residential RM-6 ~nd PRD(4)(7.)
(D) Residential RM-10 and RM-15.
(1) Same as Section 3-14 (A) (1) (2) (3) (4) (5) and
Ord. No. 30-79
Section 8. That Section 3-14(E) and (F) are hereby repealed
and a new Section 3-14(E) (F) and (G) are hereby enacted to read as
follows:
(E) SAD (Special Activities District).
(1) Same as Sec. 3-14(F), as to commercial uses, and
Sec. 3-14(G), as to industrial uses, depending
upon which is applicable.
(F) Commercial districts.
(1) Shopping centers only.
(a) One main use sign which may be either: a
freestanding sign, fixed projection sign,
or flat sign subject to the size limitations
for such signs contained in Section 3-14(E)
(3) and (4). The main use sign may display
the name of the shopping center, list some
or all of the names of the retail stores
and service establishments contained therein,
or may combine the shopping center name
with the list of separate stores and estab-
lishments provided that in all instances
the above referred to size limitations are
observed.
(b) In addition, each unit of a shopping center
shall be allowed one flat sign not to
exceed ten (10%) percent of such unit front
face area which shall be limited to the
first floor and shall not exceed twelve
(12) feet in height from floor level and
window lettering not to exceed five (5%)
percent of such unit front face area. Any
building or premises bordering on two (2)
public streets is allowed one flat sign for
each bordering street.
(2) One nonilluminated real estate sign advertising
"For Sale", "For Rent" or "For Lease" may be
placed on the premises and shall not exceed
thirty-two (32) square feet in area.
(3) For those signs whose faces are generally perpendi-
cular to the street center line, only one of the
following is permitted:
(a} One freestanding sign advertising the use
of the premises. Such sign shall be predi-
cated on the basis of one-half (%) square
foot of total advertising area for each
lineal foot of main street frontage of the
lot provided that no such sign shall exceed
one hundred sixty (160) square feet per
sign face, with a maximum of two (2) faces.
Corner locations which front on two (2)
main streets shall be allowed one extra
freestanding sign whose area per sign face
shall not exceed fifty (50) square feet
with a maximum of two (2) faces. No sign
shall be higher than twenty-five (25) feet
from the ground nor protrude past the
street right-of-way.
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(b) One fixed projecting sign which advertises the
use or uses of the premises provided that the
support for same shall not extend more than
three (3) feet beyond the wall nor shall it
extend above the parapet of any building.
The maximum area of such sign shall be thirty
(30) square feet.
(4) For those signs whose faces are generally parallel
to the street centerline:
(a) A free-standing sign as described in (3) (a)
above.
(b) A fixed projecting sign as described in (3) (b)
above.
(c) One flat sign or painted wall sign shall be
permitted on each side of a building bordering
upon a street, alley, or public thoroughfare
(unless otherwise prohibited) advertising the
main occupation or business use provided that
the total aggregate area of each such sign
shall not exceed fifteen per cent (15%) of
the building face area of the wall upon which
the sign is placed. Signs painted on glass
shall be included in the aggregate area. The
above such sign shall not exceed one hundred
sixty (160) square feet per sign.
(G) Industrial districts.
(1) One real estate sign advertising "For Sale," "For
Rent" or "For Lease" may be erected provided such
sign does not exceed thirty-two (32) square feet
in area.
(2) One flat sign or painted wall sign advertising the
main occupation or business use shall be allowed
provided that the total aggregate area of such
sign or signs shall not exceed twenty per c~nt (20%)
of the building face and shall not exceed one hundre¢
sixty (160) square feet in total area of the wall
which abuts the main street. Signs painted on glass
shall be included in the aggregate area. In the
case of two (2) main business streets (which may
include a railroad right-of-way and/or Interstate
Highway 95 as main business streets) a sign as
described above shall be allowed on each street,
provided the lot has two hundred (200) feet on each
such main street. Or, one fixed projecting sign
per accessory use advertising said accessory use
shall be permitted. The outer edge of the fixed
projecting sign and/or the support for same shall
not extend more than three (3) feet beyond the
wall of any building nor shall it extend above the
parapet. The area per sign shall not exceed forty
(40) square feet.
Ord. No. 30-79
(3) One freestanding sign advertising the main use
of the premises as described in Section 3-14(F)(3)
(a). Identification signs shall be permitted on
the rear wall of business establishments provided
they are limited to ten (10) square feet and pro-
vided that the rear of the property is not con-
tiguous to residential zoning districts.
(4) One flat sign or painted wall sign on the rear of
a building bordering upon a street, alley or park-
ing area advertising the main occupation or business
use shall not exceed eight (8) square feet. Signs
painted on glass shall be included in the aggregate
area.
Section 9. That Section 3-15 (A) and (D)(1)(a) are hereby amended
to read as follows:
(A) Subdivision signs. Areas under development including
shopping centers, cooperative apartments, condominiums,
and extensive platted or unplatted land shall be per-
mitted two (2) signs not to exceed a combined aggregate
area of %we-~e~-~-~ one hundred-sixt~ (1.60)
square feet ~-~e~ with a maximum of two (2.) faces per
siqn. No siqn shall exceed fifteen (15) feet in heiqht
from qround level. Said signs shall be located in ac-
cordance with the requirements contained in the section
of this chapter relating to the specific zoned area.
Permits for said signs will be granted in accordance
with Section 3-7 and shall be limited to the time develop~
ment is completed, terminated or abandoned. Such signs
shall not be erected more than sixty (6.0) days 'prior' to
commencinq construction~
(D) Directional signs.
(1) (a) General directional signs limited to a maximum
of six (6) per civic organization, church or
recreational facility and limited to a maximum
of four (4) per business or residential develop-
ment may be permitted in city street right-of-
way subject to the approval of the public works,
engineering and building departments. The desig-
nation of the maximum number of directional signs
is not intended to imply that each qualifying
applicant is entitled to the maximum. The num-
ber of directional signs permitted for each
qualifying applicant, up to maximum, shall depend
upon the needs of the traveling public as deter-
mined by the above city departments. The dimen-
sions of the directional signs shall be eight
(8) inches by ~~-~ thirty-six (36) inches
per sign. The signs will be designed and in-
stalled in accordance with city specifications
at the expense of the applicant. When direc'
tional signs are located at a street intersection
Ord. No. 30-79
they shall be placed on the side of the street
opposite the side on which there are street signs.
Section 10. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be de-
clared by a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 11. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Section 12~ That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the ~9~ day of M~.y , 1979.
MAYOR
LEON M. WEEKES
ATTEST:
First Reading May 14, 1979
Second Reading May 29, 1979
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Ord. No. 30-79