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51-75 ORDINANCE NO. 51-75. AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF DELRAY BEACII, FLORIDA, REPEALING CILAPTER 3 "ADVERTISING" AND SUBSTITUTING IN ITS PLACE THIS C[L~PTER 3 RELATING TO SIGNS AND ADVERTIS- ING, REQUIRING PERMITS AND PAYMENT OF PERMIT FEES FOR ERECTING A SIGN OR SIGN STRUCTURE, REQUIRING LABELING OF SIGNS, PROVIDING FOR PER- MITTED AND PROHIBITED SIGNS IN THE VARIOUS ZONING DISTRICTS OF THE CITY, PROVIDING FOR AESTHETIC REGULATION OF SIGNS, REMOVAL OF SIGNS UNDER CERTAIN CIRCUMSTANCES AND PROVIDING A PEN~{LTY CLAUSE. BE IT ORDAINED BY THE'CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 3 "Advertising" of the Code of Ordinances of the City of Delray Beach, Florida, be repealed, and Chapter 3 "Signs and Billboards" be enacted. "SECTION 2. SHORT TITLE. ° The Shortform by which this Chapter shall be known shall be ."TIIE DELRAY BEACH SIGN ORDINANCE". SECTION 3. PURPOSE. It shall be the purpose of this chapter to promote the aesthe- tics, safety, health, morals and general welfare and the assurance of protection of adequate light and air within said City by regulation of the posting, displaying, erection, use and maintenance of signs. SECTION 4. CONSTRUCTION OF LANGUAGE AND DEFINITIONS. Al LANGUAGE. (1) The word SHALL is always mandatory. The word MAY is. permissive. (2) The word INCLUDES shall not limit a term to the speci- fied examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (3) The phrase used for includes arranged for, designed for, maintained for or occupied for. (4) The word~.~7.__~erson includes an individual, a corporation, a partnership, an incorporated association, or any , other similar entity. (5) A buildinq or structure includes anf part attached there.- to. B. DEFINITIONS. Certain words and terms in this Ordinam&e are defined for the purpose thereof as follows: (1) Abondon~..Siq~: A sign_is considered abandoned if, a busin~B~advertiSed-6n that sign is no longer licensed, no longer has a Certificate of Occupancy, ~or~is-no~longer~.doing b~Sihess a~ 'that?l'Ocation. (2)~v~Adve~sing s~g_~:~-A sign~directi~g .attention to a ..... business, commodity, service, or entertainmDnt con- ~dUc%~, ~ Sol~,~ or~ offered ..... ~i~i~ ~i~'~ _~..~.~'.'ii~3~ (3)7-~3~dV'e~li~l~~ S~ru~t~r~: ~' An~i ~str~~' erected for ~dVer{isihg-p~rP6~'es,- ~i-th ~r~i~h°'ut~'any 7h'dvertisement ii'display thereon,~ situated ~pon]or a~ttached to real - g{~proper~y,i .upon which_ any7 poster ;- bill ,~ printing, paint- L~ing,'~ ~eviD~ or other advertisement~ may be~placed, ~ i.~p°st~9.,_ Pg~n~ed~_.~a~.~,~~ qg~e~] 0'~_ ~therwise fastened, ~-affixed, or displayed PROVIDED, HOWEVER, that said ~'--~-~m~sh-all-~not include buildings. (4) Banner: A sign having the characters, letter, illus- trations, or ornamentations applied to cloth, paper or fabric of any kind with only such material for a backing. Banner shall include any animated and/or fluttering devices designed to attract attention. ~ - . -SHALL NOT include flags' of-Federal,~ State' County or ....... City origin. (5) -Biilb°~rdS: A Sign structure', ~hclu~ing-build~ngj for ........ any sign advertising an establishment, merchandise, service, or entertainment, which is sold, produced, manufactured, and/or furnished at a place other than ~n-the-property on which said sign is located. Bill- ~ _boards are prohibitedin the City. --'= (6) Buildinq Sign: A sign erected and maintained on pre- mises undergOing construction, by the architect, con- --tractor, subcontractor, financial institution and/or .... materialman upon which property such person is~_fur- "' niching labor, material or services. (7) Buildinq official: The officer or other person charged with the administration and enforcement of this. ordi-- nance or his duly authorized representative. (8) Bulletin Board: A sign of permanent .character, but ~ith removable letters, words, or numerals, indicating the names or persons associated with, or events con- ducted upon, or products or services offered upon, the premises upon which such a sign is maintained. (9) Canopy Sign, Un~er: A sign supported by a canopy hang- ing beneath the canopy and in all cases mounted perpen- dicular to the building. These types of signs are prohibited in the City. (10) City: Unless the context clearly discloses a contrary intent, the word "City" shall mean the City of Delray Beach. (11) Combustible Sign: Any sign or sign structure which shall ignite or support flames and which has a low flame point. Prime examples of combustible signs would be wood, nmn U.L. approved plastics, cloths, etc. (12) Directional Si~n.:. (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. --2-- Ord. No. 51-75. . ~(c), ~A sign, notice or symbol as %o the. time andlplace ~' ~ ~-~of' re~ui~ c].vlc meetings and religious activities (13) ~ub].e2Fa6~d Sig~'~ A s gn w~th-two faces-wh].ch~are ~.. usually, but not necessarily, parallel. (14) ~iec~rical'jSig~ ~A-sign~ O~r-si~n ~r~t~r~:in:w~-~ch in- '~gr~"i"e~'~%r'i~:wi~,'~'connections.and/or fixtures ~: are used as p~t 9f. the sign proper. ~long the'main access to a-City-approVed subdivision or ~'~l~pment~ and-nec~ssRrY~'directional si~nsy (16)' ~%~d~ ~:Th~:Por%i6n °f any-~xterior-~l~Vation-of~-a~ _~9~_lding:extendiDg _from glade to' ~h~ top ~f~ th~'parapet Wall Or ~aves and the--entire ~idth of the building elevation. (17) ~i~ed proj~-Cti0n sign~-- A s~-- ~"than- a ~l~'~ign, '~hich extend~' outward from the facade o~ any building ~nd~s rigidly affixed thereto.-._Flat signs are pro- h-ibited in %he-City. ~ · ' ~ (18) Flat Sign: A sign erected parallel to and extending r from the facade of any building._ . (19) ~ree Standing Sign: A detaChed~sign which ~h.all include ~hy signs supported by uprights or braces placed upon or-in or supported by the ground and not attached to any b~ilding. .(20) Ground Sign: See FREE STANDING SIGN. (21) ~ome Occupation Nameplate or Sign: A sign no% mo~e ~han" one .(1) square foot in area. (22) :Identification Sigh': A sign,-'~ther than a bulletin 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 thereof. (23) Illuminated Sign: A sign in which a source of light -is ~used in order to make the message readable and shall include internally and externally lighted signs. (24) 'Inspector: A city employee working as an inspector under the authority and direction of the City Building Official. (25) Instructional Sign: A si~n conveying instructions with respect to the premises on which it is maintained, such as the entrance or exit of a parking area, a no tres- passing sign, a danger sign, and similar .signs. (26) -Non-Conforming Sign: A sign or advertising structure existing within the incorporated area on the effective. date of this ordinance which, by its height, square foot area, location, use'or strUctural support does not con- form to the requirements of this' Code shall hereafter be termed non-conforming. (27) OFF Premise Si~n: A sign, including building signs, advertising an establishment, merchandise, service, or ~entertainment, which is sold, produced, 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. -3- Ord. No. 51-75. (28) ON Premise Sign: A sign which carries only advertising 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 occupying the premises. (29) Painted Wall Sign: A sign painted on any outside wall or roof or on glass of any building. (30) Parapet: A false front or wall extension above the roof line. (31) Perimeter: The whole outer boundary of any structure designated as a sign. (32) Person: Shall include an individual, partnership, association, corporation.or any combination thereof. (33) Pole or Ground Sign: See FREE STANDING SIGN. (34) Political Sign: A sign erected by a political can- didate, group or agent thereof for. political purposes. (35) Premises: The real property which is involved by the sign or signs mentioned in this ordinance. (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 structure de- signated'for recreational purposes such as games, sports, etc., and including any adjacent property included for such use. (39) Roof Sign: A sign erected upon or above a roof or parapet wall of a building. (4Q) Shopping Center: A group of retail stores or service establishments or any other business, planned to serve a community, neighborhood, or other population group not necessarily owned by one party nor by a single land ownership, which are adjacent to and which utilize a common parking area or common parking areas. (41) Sidewalk or Sandw.ich. Sign: A movable sign not secured or attached to the ground. These types of signs are prohibited in the City. . (42) Si~n: A device or representation for visual communica- tion that is used for the purpose of bringing the subject thereof to the attention of others. (43) Si~n, Area of: The square foot area enclosed by the perimeter of the sign sections with each face contributing to the aggregate area, provided, 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. -4- Ord. No. 51-75. (44) S_~n Face: The part of tile sign that is or can be used fo~ a'~v--~tising purpose. (45) Sign Contrqctor.: Person, firm or corporation licensed to erect any type sign structure regardless of size and complexity, but shall not be allowed to install any electrical work in connection therewith. (See definition herein). (46) ~ign 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. (47) Snipe Sign: A sign of a temporary nature which is mounted to trees, poles, fences, stakes, or other ob- jects, 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. (48) Swinging Projecting ..Sign: A sign projecting from the outside wall or walls of any building which is hung from one rigid support, irrespective of the number of guy wires used in connection therewith. These types of signs are prohibited in the City. (49) Temporary Building Sign: A sign jointly erected and maintained on premises undergoing construction by an architect, contractor, subcontractor, and/or materia~ man. (50) Vehicular Sign: A sign or sign structure attached or affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding, however, signs which are painted upon or magnetically affixed to a vehicle which is regularly 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 ~dver- rising purposes when such vehicles belong to a duly licensed public transportation company. SECTION 5. PERMITS REQUIRED. It shall be unlawful for any person to post, display, change or erect a sign or a sign structure within the City without first having ob- tained a permit therefor, in accordance with'the Chapter, provided however, that those signs erected prior to the enactment of this Chapter shall be allowed to remain in accordance with the time limitation and structure requirements set forth herein. NO sign or sign structure, previously so .erected, shall come under the provisions of this section providing a valid permit for same was issued and in effect at the time of erection. Signs or sign structures previously erected without a valid permit shall be termed in violation and it shall be mandatory to obtain a permit, based on this Chapter, or else remove such sign or sign structure. The following signs shall not require permits: (a) Real estate signs conforming to the requirements set fort]] in Section 15 (A) (1). SECTION 6. PERMIT: APPLICATIONS. All applications for sign or sign structure permits required in Section 5 shall be filed by the prospective sign or sign structure owner, or his agont in the office of the building official upon forms furnished by the building official. Said application shall describe and set forth the following: --5-- , Ord. No. 51-75. (a) The type of sign or sign structure as defined in this Chapter. (b) The value of the sign or sign structure, including instal- lation cost. (c) The street address of the property upon which said sign or sign structure is to be located and the proposed location of said sign or sign structure on said property. In the absence of a street address a method of location acceptable to the Chief Building Inspector shall be used. (d) The square foot area per sign face and the aggregate square foot area of the sign or sign structure. (e) The name and address of the owner or other person in control or possession of the real property upon which said sign or sign structure is to be located. (f) Written consent of the owner, or his agent, granting per- mission for the construction, operation, maintenance, or displaying of such sign or sign structure. (g) A sketch, blueprint, blue line print, or similar presenta- tion 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 signs or sign structures which have an area exceeding thirty-two (32) square feet certifying that such signs are designed to withstand fifty (50) pound wind loading. SECTION 7. PERMITS - FEES. i. (a) It shall be unlawful for any person to post, display or erect within the City a sign or sign structure unless otherwise excluded by the terms of this ordinance without first having paid a permit fee unto the City at the office of the building official as follows: · (1) Neon and Electric' Signs: 15 square feet or fraction thereof ........... $6.00 Over 15 square feet to 30 square feet ........ 9.00 _ Over 30 square feet to 45 square feet ........ 12.00 Over 45 square feet to 60 square feet ........ 20.00 Over 60 square feet ........................... 30.00 vertical signs with ladder .................... 50.00 (2) Non-Electric Detachable Signs: o .~ First 6 square feet or fraction thereof ....... 2.00 Over 6 square feet and up to and including 12 square feet ............................ . 4.00 · '~" " "~'~' ~'Over 12 square feet and up to and including 20 square feet ............................ 6.00 Each additional square foot or fraction thereof, per square foot ................... 25 (3) Marquee Signs: Per lineal foot ................................ 40 Minimum Fee ................................... 6.00 (4) Neon Display and Outline Lighting Including Transformers: Up to and including three transformers ........ 6.00 Ea h dditi f ' 2 00 c a onal trans ormer .................... (5) ~inted Wall Si.gns on Buildings: Up to and including 100 square feet ........... 3.00 Each additional 100 squaro feet, or fraction thereof .................................. 3.00 -6- Oral. No. 51-75. (6) Signs not covered by the foregoing Section 7, subsection (a), (1) through (5): First 6 square feet or fraction thereof ....... $2.00 Over 6 square feet and up to and including 12 square feet ............................ 4.00 Over 12 square feet and up to and including 20 square feet ............................ 6.00 Each additional square foot or fraction thereof, per square foot ................... 25 SECTION 8. PERMITS - ISSUANCE. Provided the provisions of this Chapter have first been complied with, and the signs or advertising structures do not violate any of the terms, conditions, or provisions of this Chapter, or of any other law ordinance, the Building Official shall issue a permit for such sign or advertising structure, retaining a copy thereof for his records. Permits shall be numbered and shall disclose: (a) The type of sign as defined in this Chapter. (b) The street address of the property upon which said sign is proposed to be located and the proposed location of the sign on said property. In the absence of a street address, a method of location acceptable to the building official shall be used. (c) The name of the sign contractor who shall erect the structure. The amount of the fee paid for such permit. (e) The date of issuance. SECTION 9. BOND OR PUBLIC LIABILITY INSURANCE REQUIRED. It shall be unlawful for any person to engage in the business of signs or outdoor advertising, or in the businesses of erecting or main- taining signs within the City, unless and until such p~rson shall have filed with the building department a bond or certificate of public liability and .property damage insurance policy acceptable to the City, executed by a °.'company authorized to do business in the State of Florida, in a sum not less than one hundred thousand dollars ($100,000.00) for injury to one person, not less than three hundred thousand dollars ($300,000.00) for injury to more than one person, and twenty-five thousand dollars ($25,000.00) for damage to property. SECTION 10. OCCUPATIONAL LICENSE REQUIRED. A person shall not engage in the business of erecting or main- taining signs within the City without having first procured a license for such business in accordance with the requirements of Chapter 16 of the City's license ordinance now in force and effect or as hereafter amended or supplemented. SECTION 11. OCCUPATIONAL LICENSE PREREQUISITE TO ISSUANCE OF PERMIT. (a) No permit for erection, constr~ction, installation or main- tenance of any sign shall be issued unless such person shall have first procured from the City an occupational license to engage in such business except that this shall not be construed to prevent an owner or lessee of property from constructing and erecting a non-illuminated sign, non-electrica] sign, or sign structure on said property advertising the main use and one accossory uso of said premises. --7-- Ord. No. 5].-75. SECTION 12. LABELS REQUIRED ON SIGNS, ETC. With each permit, the Chief Building Inspector shall issue one label or marker bearing the same number as the permit with which it is issued. It shall be the duty of the permittee, or his agent, to affix such label or marker to the sign or advertising structure in the lower right hand of one square foot are~ and so it can be easily seen on a double-faced sign, the label may be placed on either side of the sign so long as it is easily yisible. The absence of a proper label or marker on a sign or advertising structure shall be prima facie evidence that the same has been or is being erected or operated in violation of the provi- sions of this Chapter SECTION 13. CERTAIN SIGNS OR SIGN STRUCTURES PROHIBITED. From and after the'effective date of this chapter, it shall be unlawful for any person to erect, place or use within the City: (a) Swinging Projecting signs. (b) Off-premises signs, except those signs erected by a char- itable organization which do not exceed ten (10) square feet which must be approved by building department. (c) Snipe signs. (d) Sidewalk and sandwiCh signs. (e) Temporary political signs. (f) Roof signs except'an aviation directional sign. (g) A banner sign except for two flag banners per model home or model apartment at time the model home or model aPart- ment is open for inspection and except the flying of the one national, one state, and one city flag and service 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. (h) Billboards. (i) A sign which involves motion or rotation of any part of .-~. .~.-~.~. the structure or display or a~sign containing intermittent ~'. '~"" lights o~ animation except a time and temperature unit, or a~traveling message sign which is a part of a sign per- mitted in business and commercial districts, such part of .~ .. ~.~ ..? ~.. the sign permitted shall not exceed twenty-five (25) square feet in area. (j) An advertising sign placed on the side or rear of any building or property facing on .a contiguous residential area if more than seventy-two (72) square inches nor six (6) feet in height from ground level. (k) Signs placed on the side or rear of a building and primarily used for identi£ication purposes, when such building is contiguous to residential property, if more than seventy- two (72) square feet in area. Such signs may be placed above doorways. Ord. No. 51-75. (1) Circulars, throwaways, handbills and vehicular signs as set forth under Section 4. This prohibition, however, shall not. be construed to prevent the distribution on a ~ regular weekly, bi-weekly or monthly basis of unsolicited -advertising and/or news dissemination by a business duly licensed within the City to engage in such distribution '~-~-and/or dissemination. --!m) Electrical signs of a commercial nature in residential districts except that in a subdivision development, where models are being demonstrated, an illuminated sign, meeting -the other requirements of this ordinance, may be used pro- ~ided no illumination is shown between the hours of 9:00 .P.M. and 7:00 A.M. the following day. .~n) Any other type or kind of signs ~hich do not comply with the " .~terms, conditions and provisions contained in this Chapter. .Ko) 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 tthe position, shape, or color, it may interfere with, ob- .struct 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 othe~ .'word, phrase, symbol, or character in such manner as to -interfere with, mislead, or confuse vehicular traffic as -determined by Traffic Engineering. ~p) Moving or stationary advertising sign displayed on a vessel --:plying the waterways. ~q) Signs which exhibit thereon any lewd, lascivious, indecent ,or .immoral wordings, character, or illustration. :(r) Signs which produc~ noise or sound. :~s) Signs which emit smoke, vapor, Particles or odor. ~t) ~ 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). ~ECTION 14. AESTHETIC REGULATION OF SIGNS. (a) The aesthetic quality of a building, or indeed of .an entire · .neighborhood, is materially affected by achieving visual harmony of the ,-signs on or about a structure as they relate to the architecture of the .building or the adjacent surroundings. In addition to the mechanical limitations on signs imposed by this sign ordinance, there are certain .aesthetic considerations which must be met and are therefore subject to --review by the Community Appearance Board. '~: (1) The scale of the sign must be consistent with the scale of the building on which it is to be placed or painted. (2) 'The overall effect of the.configuration or coloring of the sign shall not be garish. The colors shall not conflict with other signs already on the building or in the immediate vicinity. SECTION 15. SIGNS PERMI';TED AND REGULATED. A. RESIDENTIAL - R-1AAA AND R-1AAAB. (1) A real estate sign shall n6t be permitted on a plot except for one sign erected by the owner or his exclu- sive agent; that if a sign is erected by the exclusive .agent of the owner, prior to it being erected there must be filed with the Building Department a signed copy of the exclusive agency agreement. One additional sign may be added on a plot when the plot borders on a water- way provided that the additional sign shall be placed upon that side of the plot that borders on said water- ' way. Such real estate signs shall not ekceed three (3) square feet in area and must be well kept and in good repair. (2) On plots containing permitted non-residential structures or uses, such as a church or school, a flat sign or free standing 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. (3) One temporary sign of not over six (6) square feet in aggregate area with the word OPEN may be used when attached to the existing real estate sign; or where a real estate sign is not ~nstalled on the property, one removable sign of not over twelve (12) square feet in aggregate area with the word OPEN or the words OPEN FOR INSPECTION may be used only when the owner or owner's agent is on the premises. A permit or permit fee shall not be necessary for such removable sign. (4) One name plate sign not exceeding three (3) square feet, of a non-commercial nature, bearing the name and/or street address of the principal occupant. (5) Entrance gates as defined in Section 4(B)(15). (B) RESIDENTIAL R-lA, R-1AAB & R-1AA. (1) Same as Section 15 (A) (1) (2) (3) (4) & (5). (2) One (1) home occUpatiOn sign of not more than one (1) square foot in area. (C) RESIDENTIAL RM-6. (1) Same as Section 15 (A) (1) (2) (3) (4) & (.5). (2) One flat sign or one ground sign advertising the main use and not exceeding thirty-six (36) square fee.t in area per sign face with an aggregate area of seventy- two (72) square feet may be placed on the premises. The ground sign may be placed in the required front yard, but no part of such extend closer than ten (10) feet to the public right-of-way line and shall not exceed twelve (12) feet in overall height from the ground and shall not exceed twelve (12) feet in width. " " "· (D RESIDENTIAL RM-10' & RM-15. '-' · ': ' (1) Same as Section 15 '(A) (1) (2) (3) '(4) & (5). "'(2) One fixed projecting sign advertisihg the main use and one fixed projecting sign per accessory use adver- tising 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 extend above the · ' parapet. The area per sign face shall not exceed thirty (30) square feet with an aggregate area of sixty (60) square feet. (E) COMMERCIAL DISTRICTS. (1) Shopping centers only. Sh6pping centers shall be per- mitted one main use sign as set forth herein. Each unit of a shopping center shall be allowed one flat sign not to exceed ten per cent (10%) of such unit front face area and w~ndow lettering not to exceed five per cent (5%) of such unit front face area. -10- Ord. No. 51-75. '~Onr~f!!~minat~' f~al estate sign advertising FOR -- 'SALE, FOR~RENT, or;'FOR LEASE, may be placed on the .prEmises Dnd shall qqt exceed thirty-two (32) square _(3)-..:.q~.q-~%hose?ig~s. lwhi~'f~ces are generally perpendicular ..~_ _ ~61'~Q:i~6-~:~65ti~Y~ line, only one of the following is .....~i(a).~vona'-[~)~-f~e-'~nding sign advertising the use of .... =' ~he p~emises. ~Such sign shall be predicated on .... ~he~.basis of one-half (%) square foot of advertising ~:r:..~aa~q~'eaC. h'!~neal foot of main street frontage .''._~?f th~'.~_t pko3ided that no such sign shall exceed "i~'~.T~one ~hundred sTxty (160) square feet per sign face ~_i~i~:th-'a~'m~ximu~of two faces. Corner locations ~-~-ii~::'which 'front on _two main streets shall be allowed ~-~ 'one extra frea-.standSng sign whose face aggregate ~'j:~:'area'ShalI no~ exceed fifty (50) square feet. ~ ....... No sign Shali. be higher than twenty-five (25) feet ..... from the-ground nor protrude past the street f× d °j Cting 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) ~°r those ~i~ns whose faces are generally parallel to ._ the stree~..cen~erline: '~)~"~A ~ree-s~anding sign as described in (3)(a) above. ~ .... (b) A fixed projecting sign as described in (3) (b) above. '(6)~ ~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 (15) per cent 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. INDUSTRIAL DISTRICTS. ' "~' ~('i)" "Ohe '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 twehty (20) per cent of the building . face 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 main business streets, a sign as described above shall be allowed on each street, provided the lot ]]as two hundred (200) feet on each such main street. Or, one fixed projecting sign advertising the main use and one fixed projecting sign per accessory use advertising said accessory use shall be permitted. The outer edge of the fi×ed 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. -ll- Ord. No. 51~75. (3) One free-standing sign advertising the main use of the premises as described in Section 15 (E) (3) (a). Identification signs shall be permitted on the rear wall of business establishments provided they are limited to tell (10) square feet and provided that the rear of the property is not contiguous to Residential zoning districts. SECTION 16. SPECIAL SIGNS. (a) Subdivision siqns. Areas under development including shopping centers, cooperative apartments, condominiums, and extensive platted or unplatted land shall be permitted two (2) signs not to exceed a combined aggregate area of two hundred fifty (250) square feet in area. Said signs shall be located in accordance with the requirements contained in the sectioo of this Chapter relating to the specific zoned area. Permits for said signs will be granted in accordance with Section 8 and shall be limited to the time development is completed, terminated or abandoned. (b) Building Signs. One non-illuminated building sign may be permitted to be erected on the premises or attached to a tool house on the premises subject, to the following condi- tions: (1) Such signs shall not exceed thirty-two (32) square feet per sign. ~ (2) Such sign or signs shall not be erected more than fifteen (15) days prior to actually commencing con- struction and must be removed when building or project is completed; provided, however, if such sign be erected as permitted thereunder and construction is not com- menced within~thirty (30) days after permit is issued, or if such construction is substantially abandoned for ninety (90) days as evidenced by a lack of inspections and/or other pertinent conditions, such sign shall be immediately removed, upon notification, by the owner or lessee of the premises. (3) Said signs shall be located on the premises being .... ' '~ developed and shall be located in accordance with the requirements contained in the section of this Chapter relating to the specific zoned areas. (c) Civic and Church Signs. The City Council may erect or approve and permit to be erected, entrance signs at or near the city limits for the benefit of visitors, on which may ~,'~'.~ ~-"'.'~'~ '""' be listed institutional names, churches and points of in- · 'terest. Civic organizations and churches may be permitted ' "'~ 'to place their insignias thereon. (d) Directional Signs. ~. ' ~· '~' ~ (1) (a) General directional signs limited to six (6) per civic organization, church or recreational facility. and limited to 8 inches by 30 inches per sign and located at street intersections or other locations for the convenience of the traveling public, may be permitted in City right-of-way when approved by the publi~ works department, police department and building department. The owner shall have the sign made at the owner's expense but according to the specifications of the City. Said signs shall be placed by the responsible governmental body at the expense of the owner and when sign is in public right-of-way it shall be placed on opposite corners from street signs. (1) (b) No more than six (6) signs on one pole shall be permitted at any street intersection. -12- Ord. No. 51-75. SpeclaI evenl, recreatlohal--or exposl~lon,~d~reCtional s~gns of a temporary nature:;~ which-are' of general b~hdfi~' to"the community and:-which- are approved by t~ City COUncil, may"be permitted~."'Said signs shall be Iocated ah-gpeci~ied"'points--for fihe~convenience of t~: tragelihg_ public, and'~sha%'%::bel'l~mitbd ~o four (4) square- f~t~per-sign. Such signs shall be removed by ~,7C.~,-- - p~on-.or~_agent responsible for such sign within three .............. (-3) days after the event. {"~ ~J~-arki~g:-a'r~a -sig~-~ay 5~:l~re~d]~a~'ach::point of in- L%e._.gress and egress 'to'a Parking-1-or or-parking area, and '~'~'~-~ch ~n~--shall 'ho-t~ ~xce~d 'four"(4JU-square feet in ...... area nor extend-tO-~a'~greater hei:ght ~h_a'n ~five (5) feet ~. above the ground, ~Jnd shall be erected within the park- -~iil-f~%~g .are~._ 'only 0he, such .~.shall be allowed at each .point of-ingress and egress, provi'd~d suc~ signs do not 'creat~ a traffic or pedestrian'hazard· ~) .... ~reet ~i~ns'.--~-subdivision name sign may be placed - on a city street pos~ by city personnel provided it is ..... requested through the public works department and paid for~ by'~the party_requesting said sign. This sign shall be'idehtical to the street sign as to~6olor, size and shape. (5) Directory sign. A3dire~to'~y-co~sisting of signs e~ch having an area of seventy-two (72) square inches (4"x18") per sign and may be attached to a free-standing sign; said directory signs must indicate the organiza- tion or business endeavor in the particular commercial · o~ industrial district. Such signs shall be included in the aggregate area for free-standing signs. (6) Painted wind0w'..sign. Each main use and each accessory use in commercial or industrial zoning district except for shopping centers may also have one painted sign on windows provided it does not exceed twenty per cent (20%) of the glass area being used and is in accordance with this Chapter. (7) Entrance Siqq.. A sign placed on the face of an entrance '"' - ...... '~'~ ~' '~' 'wall to a subdivision designating said subdivision. Said sign and wall must be approved by the Planning and Zoning Board and Community Appearance Board. (8) Safety and Warning Signs. "NO Trespassing", "No Dumping", and similar signs may be erected when approved · .....-~ .. by the building department~ and shall not extend more '~'~;~.~?~ "~' ~';' than five (5) feet from the ground and such sign shall .~ ....o. · .~... not exceed three (3) square feet. This shall not be "·' Construed to include traffic signs and similar sign authorized by any governmental body. SECTION 17. CIRCULARS, THROWAWAYS AND HANDBILLS; DISTRIBUTION PROHIBITED. It shall be unlawful for any person to distribute circulars, throwaways or handbills, or other similar forms of advertising within the City limits. This prohibition, however., shall not be construed to preveht the distribution on a regular weekly, biweekly or monthly basis of un- solicited advertising and/or news dissemination by a business duly licensed within the City to engage in such distribution and/or dissemination. SEmTION 18. CLEARANCE HEIGHT. A sign projecting over areas where vehicular, traffic may be re- quired to pass through or beneath shall be erected to maintain a minimum clearance distance of fourteen and one-half (14%) feet for the free passage of such vehicles. -13- Ord. No. 51-75. SECTION 19. RIGID CONSTRUCTION. Every sign shall be constructed in such a manner as to with- stand a wind pressure of fifty (50) pounds per square foot. Sign con- tractors or the owner(s) shall submit plans showing location, structural members'and design calculations for wind loading and for signs thirty-two (32) square feet or over, a certificate sealed by a Florida registered engineer or architect stating that the design will meet the requirements of this code shall be submitted. All sign contractors shall sign a certi- ficate stating wind loading will meet requirements of this Chapter where signs under thirty-two (32) square feet are submitted. SECTION 20. RE-INSPECTION OF SIGNS. The building official shall inspect, or cause to be inspected, signs located within the City as needed for compliance if, in his opinion, such inspection may be required, and upon such inspection, shall require the owner of any sign found to be defective, neglected, or in unkept condi- tion, or which does not comply with the terms, conditions, and provisions of this Chapter, to be repaired or removed in accordance with the procedures set forth in Sections 24, 25 or 26, as applicable. . SECTION 21. MISLEADING ADVERTISING. (a) It shall be unlawful for a person to display false or mis- leading statements upon signs, or other public places, cal- culated to mislead the public as to anything sold, any~ services to be performed, or information disseminated. The fact that any such sign or display shall contai~ words or language sufficient to mislead a reasonable and prudent person in reading same, shall be prima facie evidence of a violation of this section by the person displaying such · sign, permitting same to be displayed or permitting such display at their residence, establishment or place of business. (b) When a business or service'using any. sign or signs is dis- continued, all signs and sign structures relating to this business or services shall be removed within ten (10) days from the date of.discontinuanCe. SECTION 22. NONCONFO~%~ING SIGNS. (a) A sign or'advertising structure existing within the City limits on the effective date of this Chapter which, by its height, square foot area, location, use or structural support does not conform to the requirements of this Chapter shall hereafter be termed nonconforming. (b) All "off-premises" signs are hereby made nonconforming and shall be removed within twelve (12) months after the effective date of passage of this Chapter, except those designated in this Chapter. (c) All signs which do not meet fifty (50) pounds per square foot wind loading are hereby declared dangerous nonconforming signs and shall be removed or made to conform to the re- quirements of this ChaptDr within thirty (30) days after notification by the building department. All other non- conforming signs shall be made to conform to the requirements of this Chapter within a period of ten (10) years or els~ such signs shall be removed at the owner's or lessee's expense. (d) When an owner of real property' upon which a sign is located that does not meet the provisions of th~.s c~d~ vn].untarilv petitions the City for annexation and the City proceeds to annex said property, a requirement of the annexation is that the owner agrees to and must remove said non-conforming sign prior to the effective date of the annexation ordinance. -14- Ord. No. 51-75. SECTION 23, IIAZARI)OU$ $IG~S AND MATERIALS, (a) No sign constructed of combustible mater±al shall be attached to any structure or bu£1d±ng if such sign has enough area to require a permit. Combustible signs up to fifty (50) square feet in area shall be at least twenty (20) feet from any building or structure. Combustible signs from fifty-one (51) square feet up to one hundred (100) square feet in area shall be at least forth (40) feet from any building or structure. Combustible signs from one hundred one (101) square feet up to one hundred sixty (160) square feet in area ~shall be at least eight~ (80) feet from any building or structure. (b) No sign shall be constructed or erected in such a manner that it will become a hazard to automotive or pedestrian traffic nor shall any sign or lighting of such sign be so placed as to obstruct the vision of the driver of any motor vehicle where such vision is necessary for safety. (c) No sign shall be placed, constructed or erected in such a manner as to obstruct or block any exit from any building nor shall any sign be so placed as to interfere with light or ventilation to any building or struCture. (d) Where any wood or any sign penetrates the ground or is. attached in any way to masonry or concrete, said wood shall be of an approved pressure-treated type. All materials used in constructing signs shall be of a · type to resist weather exposure. Any plastic materials used in signs shall be approved by the Underwriters'~Laboratory and shall bear this label. Electrical components shall be in accordance wi~h the Delray Beach Electrical Code and U.L. approved. SECTION 24. PROCEDURE ON VIOLATIONS. "~ (A) Immediate Removal. In recognition of the fact that there are various types of signs which have a minor monetary value and when balancing this value to the property owner against the burden upon the City in doing title searches to determine the owner, giving notice prior to removal, and providing for a hearing, the City Council has determined that with regard to certain types of signs when a violation of this ordinance exists immediate removal is justified. Further- more, that the providing of such elaborate procedural pre- requisites prior to removal of some types of signs would so impede the process of enforcement of this ordinance to achieve compliance with its terms, that it would defeat the purpose for which it was enacted. Therefore, when the building official finds that a violation of this ordinance is occurring in accordance with the standards set forth herein and the violation involves the type of sign listed below, the building official shall .forthwith enter upon the private or public prDperty upon which the sign is maintained and remove it. (1) Types of signs - banner, building sign, sandwich or sidewalk sign, snipe, temporary buildin~ sign, real estate si%ns, instructional sign, political sign, bulletin board of not more than twenty-five (25) square feet, and special event, recreational or ex- position dir=ctional signs' of a temporary nature which, by Section 16-2, are required to be removed within three (3) days after the event. (2) Notice after removal - after removal of a sign under this subpart, the building official shall notify the occupant of premises where the sign was located of its removal. Also if the owner of the sign appears from some identification on the sign itself to be someone other than the occupant (e.g., a real estate sign with the broker's name on it) notice shall also be given to that party. The notice shall also provide that the sign may be picked up at the building department within fifteen (15) days after the notice is given, and that if this sign is not picked up within this fifteen (15) day period, it will be turned over to the City's public works department for disposal. (3) The notice required by the foregoing paragraph shall be furnished either by mail or by personal deligery to the person, firm or corporation or their agents, as specified above. If notice is given by mail, it shall be sent first class postage prepaid and shall be deemed given, when deposited in the U.S. · mails. (B) Removal After Notice and Opportunity for Hearing. When the building official determines, in accordance with the standards set forth herein, that a violation of this ordinance is occurring and it involves a sign other than the type set forth in Section 24(A) (1) above, -the following procedure shall be followed. (1) Title Search. The building official shall cause a title search to be made of the real property upon which the sign is located. From the title search, it shall be determined who has.an interest in such real property and the building official shall cause a certified or registered letter to be sent to all such interested parties. In addition, the notice shall be sent to the current occupant of the property. The notice shall contain the following information~: (a) The names and addresses of all persons notified. (b) Legal description and address of the real property on which the sign is located. (c) A description of the sign sufficient to identify it together with a specific statement as to the nature of the violation which shall also state the section of this ordinance pertaining thereto. (d) That twenty (20) days from the date of mailing 'of the notice shall be allowed for the viola- tion to be corrected, and the building depart- ment furnished with satisfactory evidence of such correction If the building department 'determines after such submission that the violation no longer exists, a letter will be issued to this effect. (e) That if a letter is not issued, a hearing will be held on (specify date) which will be the next regular City Council meeting or special meeting, if one is called for this purpose, at which all interested parties may participate and must show cause why the building official's determination should not stand and the City forthwith take action to remedy the violation. (f) If corrective action has not been completed as set forth in (d) above, the City Council is authorized to correct the violation, which may include removal of the sign and the cost of such corrective action, administrative expense and collection costs, including attorneys' fees, will be assessed against the real property. -16- _~-~The costs set forth in paraqf~phi-~!~D'oVe ~- will become a lien upon-the-reel'-property' · ? ...described in this.notice if'iunpaid-in.~accord- · ~,:_~ance with Ordinance%No. 51-75. - - .-(2) Duties of th6 ~citY C0u ~h~ !C 'C6~i~-:' :~ '- · -~-~=.. '~_.~sha!!~wh~n~A__h~r~ng i~.~hed~ied~-h~e~r~--from~Che ~-. ...buiidin~official.a~d the City Admi~i'St~tiO~as to: ~-.., which the sign-_is-located_and.~ha~ 9the6 parties _ ~. ~ay have an interest therein'as disclosed 'by ::. 'the titl~arch.. F-._"- JT--,,-~ ~'-~ ~ ..... : ~ -:(bi .... Proof of notices-hav~ng-b~en-san~-t6rt6~eparties ~pecified in (a) above. .t%-.t(C)-j .Whether_alegterl-has'been i~Su~d by the build- . ~- .... .lng department evidencing that the violation ~. --._-.~-or violations.which were the subject of the ~-~. ~ . notices sent as-specified in Sec. 24(B) (t) (d) . --~ ..... <.~above have been corrected.- If not-the hearing shall proceed. ~ ....... - -:(d) The nature of the Violations:,?Pro~f that' the _ violations set forth in the notices specified ~--in Sec. 24 (B) (1) above stili exist. ~(~) The administration's recommendatiOn 'fOr - ~corrective action and an estimate of the -~pproximate cost thereof. ~ - ..... · ~f) ~ Hear from_all in~ereste~ partie~-0~her than -the administration. .:~(g) Make a finding that the violation or violatiOns ~that were set forth in the notice specified in ~--Sec. 24 (B) (1) -above which also set the .'~earing date exist or not. :~h) If it is determined that a violation exists, _ ...-the City Council shall direct the City Admin- . - .'istration to take specific affirmative actiofl. '.'."~:-; '-to correct the violation· The corrective ---action so specified may include removal of · . ~he sign or such lesser remedies as Council ~.may determine are proper to cure the violation --(e.g. If a permit has not been.issued for a - sign, Council may direct the Administration · -to issue such a permit, providing the sign · .meets the criteria set forth in the ordinance, 'with the costs of such permit and collection costs being charged to the. property as set forth below). (3) Liens. The City Administration is directed to keep an accurate record of all expenses incurred in cdrrecting the violations which are required of it by City Council after the correction has been . completed. The Administration shall issue a certi- ficate certifying cost of such work and add thereto a ten percent administrative charge to cover the administrative expenses incurred by the City in overseeing the corrective work pe-formed. The City Manager shall present this certification to Council at a regular meeting,whereupon the city Council shall, by resolution, assess the cost of such corrective work together with the ten percent -17- Ord. No. 51-75. administr~iu~ ~ s ur Qb~rq~.~- t ~ u~h constitu~ i~ ~egat-,% valid ~and bin~ing-~ti~n-~]pon-~the real pro~-ty upon -~hicb ~the ~re~ti~e~ w~rk~ formed a~cl~a~y ~e~cribcd ~.~ %h~~ ~esolution. This lien, in addition, shall secure the collection costs ~c luding~ ~%o~neysJ~ ~.ees_ ~of~ ~.satis.fy. in~ ~hi~s~.:obt~gation. The r~-ken ~t~ ~ch ~i ~.-_~r~c.~e~..sh~ 1_. _bp_ 9f fcct ire :~rand a f t~ ~_th~ ~d a t~ ~p3)i~ ~hi ch ~the~ ~r ese t~k%~ ~D-~ sg~j%~ the cost?is ~e~orded_j_~.~h~ .Rgbl3c -.Records of Palm Beach County, Florida. After the ~regDing_ City CounG~ 1 ,~-. ~the ~record~-t~tle~.;hold~r~ ~h~%k ~ ~i~en a thirty ~$~0)_~D3_ ~o~k~e which shall be sent by certi- fied mail and which from the time of mailing permitting the~_thirt~,~{3Q)_ da~y.s_~in which-to-pay ~the abov~-_referred- to costs~riqr.to %he time that a lien will be re- corded against their property and foreclosed for col- lection. If the r~al-property described in the resolutiQn_is_owned by more-than-one person,--firm.or corporation, or if the real property is.subject to differing types of ihterests .such as fee simple title subject to.a lease, .life.e~ta~e with ia remainder interest~and other .like interests, the lien desc~d in this ordinance is binding on all such parties and interests and shall-be foreclosed against _the~ jointly and severally in the manner-in-which mortgages are foreclosed under the laws of -~he State of Florida. (C) In addition to the remedies of removal set forth in (1) and (2) above, when the building.official deter- mines that. a violation of this ordinance exists, the violator may be cited for a violation of this ordinance which, upon conviction, shall be deemed a misdemeanor and the violator shall be punished in accordance with Section 176, Code of Ordinances of the City of Delray Beach. Each day such violation exists shall constitute a separate offense. - SECTION 25. INTERPRETATION OF APPLICATIONS FOR~ERMITS. In all applications for permits where a matter of interpretation .arises, the most restrictive interpretation against the issuance of the permit shall prevail. _ SECTION 26. UNSAFE SIGNS. The building official shall have the authority set forth in '-'~'['Section"2301.6 of the Southern Standard Building Code as adopted by Ordi- nance No. 62-74 except that the notice requirements set forth in this ~"' ordinance shall control over those set forth in the Southern Standard Building code. The building official shall follow the procedures set forth in this ordinance as they relate to the different types of signs involved as set forth in Section 24 (A) and (B). SECTION 27. EMERGENCY. The decision of the building official shall be final in cases of emerqency which in his opinion involve an emergency dangerous to human life. When he has determined that such a situation exists with ~eference to a sign or sign structure, he shall forthwith cause it to be made safe or have it removed. In performing his duties under this Section, he is authorized to i~nediately enter upon the property where the sign is m~intained with such assistance as he deter- mines appropriate and at such cost as may be necessary and proper to effectuate his duties hereunder, lie may order the vacation of adjacent structures or property and may require the protection'of the public by an appropriate fence or other such means as may be necessary, and.for this purpose, he may close a public or private right-of-way. -18- ,Ord. No. 5].-75. SECTION 28. APPLICABILITY OF SOUTIIERN STANDARD BUILDING CODE. TO the extent that this ordinance is inconsistent with the Southern Standard Building Code as adopted by the City of Delray Beach, this ordinance shall control. PASSED AND ADOPTED in regular session on second and final reading on this the 8th day of December , 1975. _ ATTEST: City Clerk First Reading ~ovember 10, 1975 Second Reading December 8, 1975 '/ -19- Ord. No. 51-75.