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Res 51-84 RESOLUTION NO. 51-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE COUNTY COMMISSION OF PALM BEACH COUNTY, FLORIDA, URGING THE COUNTY COMMISSION TO IMME- DIATELY ADOPT CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE VIII~ "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA (WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN), AND MAKE SAME APPLICABLE THROUGHOUT PALM BEACH COUNTY, BUT AT A MINIMUM TO THOSE COUNTY ENCLAVES OR "POCKETS" FOUND WITHIN THE GENERAL NORTH, SOUTH, EAST AN I WEST BOUND- ARIES OF THE CITY OF DELRAY BEACH; AUTHORIZING AND DIRECTING THE CITY CLERK TO FURNISH CERTIFIED COPIES OF THIS RESOLUTION TO THE COUNTY COMMISSION OF PALM BEACH COUNTY INDIVIDUALLY, THE COUNTY ADMINISTRATOR, COUNTY ATTORNEY, AND ALL OTHER APPROPRIATE OFFICES AND AGENCIES. WHEREAS, the City of Delray Beach, Florida desires that the City maintain its quality of life; and, WHEREAS, the City of Delray Beach wishes to enforce those reffulations for health, safety and welfare in a uniform manner within the boundaries of the City of Delray Beach; and, WHEREAS, this uniformity would be ~reatly assisted by the consistent appli- cation of the "si~n code" within the City; and, WHEREAS, the City of Delray Beach requests that the County Commission of Palm Beach County, Florida assist the City of Delray Beach in such efforts by immedi- ately adopting the City's "sign code" and make same applicable throughout the County, or at the very least in the County enclaves or "pockets" within the boundaries of the City of Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Delray Beach, Florida, urges the County Commission of Palm Beach County, Florida to immediately adopt Chapter 9, "Buildings and Construction", Article VIII, "Signs and Billboards", of the Code of Ordinances of the City of Delray Beach, Florida (a copy of which is attached hereto and incorporated herein) as is currently effective or as may be from time to time mod- ified, and make same applicable throughout Palm Beach County, but at a minimum to those County enclaves or "pockets" found within the general north, south, east and west muni~ipai limits of the City of Delray Beach. Section 2. That the City Clerk is hereby authorized and directed to furnish certified copies of this Resolution to the County Commissioners of Palm Beach County individually, the County Administrator, the County Attorney, and all other appropriate offices and agencies. PASSED AND ADOPTED in re~'ular session on this 10th day of July , 1984. ATTEST: BUILDINGS AND CONSTRUCTION § 9-196 and occupancy of all dwellings, dwelling units and/or structures within the area of jurisdiction of the city. (b) Sections 106 and 107 of the above referred to Standard Housing Code, pertaining to the housing board of adjustments and appeals, are hereby repealed. (c) Appeals concerning interpretation or administration of the provisions of the Standard Housing Code as adopted herein, shall be heard by the board of construction appeals established in Article XVII of this chapter. (Code 1955, § 15A-l; Ord. No. 86-81, § 1, 1-12-82) Cross reference--Applicability of unsafe building provisions to housing code, § 9-463. Sec. 9-184. Violation of code. Any person who shall violate a provision of the code adopted hereby, or fail to comply therew/th, or with any of the requirements thereof, or who sh~ll erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of such code ~h~ll be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, or continued and upon conviction of any such violation such person shall be punished in accordance with section 1-6 of thi~ Code of Ordinances. (Code 1955, § 15A-2) Secs. 9-185--9-194. Reserved. ARTICLE VIII. SIGNS AND BILLBOARDS Sec. 9-195. Short title. The short title by which this article shall be known shall be "The Delray Beach Sign Ordinance." (Code 1955, § 3-1) Sec. 9-196. Purpose. (a) It shall be the purpoee of this article to promote the aesthetics, safety, health, morals and general welfare and the assurance of protection of adequate light and air within the city by regulation of the posting, displaying, erection, use and m,intenance of signs. _- (b) All signs requiring a permit are subject to the approval of the community appearance board as provided for under section 9-210, except special signs as designated in section 9-212 which may be approved by the designated inspector of the building department. (Code 1955, § 3-2; Ord. No. 30-79, § 1, 5-29-79; Ord. No. 58-79, § 1, 9-10-79) Supp. No. 10 9-197 DELRAY BEACH CODE See. 9-197. Construction of lan~uale. The followin~ rules shall apply in the construction of this article: (a) The word "includes" shall not limit a term to the specified examples, but is intended to eztend ite mea~i~a~ to all other instances or circumstances of like kind or character. (b) The phrase "used for" includes "arranged for," "design for," "maintained for" or "occupied for." (c) A "building" or "structure" includes any part attached thereto. (Code 1955, § 3-3; Ord. No. 30-79, § 2, 5-29-'/9) Sec. 9o198. Definitions. Certain words and terms used in this article are defined for the purpose hereof as follows: 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. Advertising sign: A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered. 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. Banner: A sign having the characters, letters, illustrations, 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. (See prohibited signs, § 9-209(g).) Billboards: A sign structure, including a building, 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. Bu£lding official: The officer or other person charged with the administration and enforcement of this article or his duly authorized representative. 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 services offered upon, the premises upon which such a sign is maintained. Supp. Nb 10 BUILDINGS AND CONSTRUCTION § 9-198 Canopy sign, under: A separate sign supported by a canopy hanging beneath the canopy and in all cases mounted perpendicuiar to the building. Combustible sign: Any sign or sign structure which has on 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, cloth, etc. 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, the 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 reg, lAr civic meetings and religious activities and service. Double-laced sign: A sign with two (2) faces which are usually, but not necessarily, parallel. Electrical sign: A sign or sign structure in which integral electric wiring, connections and/or fixtures are used as part of the sign proper. Entrance gates: An identification structure located along the main access to a city-approved subdivision or development and necessary directional signs. 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. Fixed projection sign: A sign, other than a flat sign, which extends outward from the facade of any building and is rigidly affixed thereto. Flat sign: A sign erected parallel to and extending not more than eight (8) inches from the facade of any building. Free-standing 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. Ground sign: See "Free-standing sign." Home occupation nameplate or sign: A sign not more than one square foot in area. Identification sign: A sign, other than a bulletin board sign, or nnmeplate sign, indicating the name of the primary use, the name or address of a building, or the name of the management thereof. 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. Inspector: A city employee working as an inspector undar the authority and direction of the city building official. Supp. No. 15 § 9-198 DELHAY BEACH CODE lnztructional sign: A sign conveying instructions with respect to the premiss on which it is maintained, such as the entrance or exit of a parking area, a no tresl~--in.* sign, a danger sign and similar signs. Noncon[orming sign: A sign or advertising structure existing within the incorporated area on December 18, 1975, which, by its height, square foot ama, location, use or structural suppOrt does not conform to the requirements of this Code shall hereafter be termed nonconforming. Off-premise sign: 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. 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, servicgs rendered, goods sold or produced on the premises, name of the business, name of the person occupying the premises. Painted wall sign: A sign painted on any outside wall or roof or on glass of any building. Parapet: A false front or wall extension above the roof line. Perimeter: The whole outer boundary of any structure designated as a sign. 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 sections 30-8.1, 30-8.2 and 30-8.3 for PRD 4, PRD 7 and PRD 10 zoning ordinances. Pole or ground sign: See "FrN-standing sign." Premises: The real property which is involved by the sign or signs mentioned in this article. Real estate sign: Any sign erected by an owner or his agent, advertising the real property upOn which the sign is located as for rent or sale. 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. Recreational [acility: Any building or structure designated for recreational purpOses such as games, spOrts, etc., and including any adjacent property included for such use. Roo[ sign: A sign erzct~ upon or above a roof line or parapet wall of a building. A mansard section sign below the roof line is not a roof sign and is permitted subject to CAB approval. Supp. Nb 14 570 BUILDING8 AMi) CONS'rRUC'TION { 9-198 Shopping center: A group of commercial predominately retail or service establishments planned, developed, managed and operated as a unit and which utilizes a common parking area. Sidewalk or sandwich sign: A movable sign not secured or attached to the ground. Sign: A device or representation for visual communication that is u~d for the purpose of bringing the subject thereof to the attention of others. Sign, area o[: The square foot area enclo~d by the perimeter of the sign section~ with each face contributing to the aggregate area, provided, however, that concerning painted wall signs or flat signs, which are composed of letters only (whether script or printed letters), sign area is the sum of the are~ of the smallest contiguotm rectangles containing a continuous line or lines of advertising matter. Sign contractor: A person licensed to erect any type sign structure regm~lla~ of size and complexity, but shall not be allowed to install any electrical work in connection therewith. Sign [ace: The part of the sign that is or can be used for advertising purple. Sign structure: Any structure which supports or is calmble of supporting any sign as defined in this Code. A sign structure may be a single pole and may or my not be an integral part of a building. 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. Special Act, ivities District: The SAD is intended for thoes locations where tracts suitable in location, area, and character for the specialized p~ propc~d by the applicant, and as determined in the action rezonio~ 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 prcepective character of the area. It is further intended that, in the establishment of a SAD, the uses and activities propceed for such districts shall not be detrimantal to the appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the city, and the general area in which they may be located. It is further intended that the uses and activities to be established in, and eonductsd within such districts, shall be determined at the time of rezoning land to this pertieular classification, and that uses and activities may vary from one SAD to another, to the end that the districts where established, will accomplish the purpoees set out. Swinging projecting sign: A sign projecting from the outside wall or waib of any building which in hung from one rigid support, irrespective of the number of guy wires used in eonneotion therwith. Temporary construction sign: A sign jointly erected and maintained on premimm undergoing construction advertising the name of the buainom, architect, contractor, subcontractor, and/or materialman and financial institutions. Supl~ N~ 14 9-198 DELRAY BEACH CODE Temporary political sign: A sign erected by a political candidate, or a proponent or opponent to a referendum, or group or agent thereof for political purposes directed toward the ultimate exercise of voting by the general public. 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, "pressure sensitive" type signs which are permanently affixed to a vehicle and 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 advertising purposes when such vehicles belong to a duly licensed public transportation company. (Code 1955, § 3-3; Ord. No. 30-79, § 3, 5-29-79; Ord. No. 58-79, §§ 2, 3, 9-10-79; Ord. No. 12-80, § 1, 3-10-80; Ord. No. 56-81, § 2, 8-25-81; Ord. No. 39-82, § 1, 6-8-82; Ord. No. 52-82, § 1, 8-24-82) Sec. 9-199. Effect of conflict with Standard Building Code. To the extent that this article is inconsistent with the Standard BuiMing Code as adopted by' the city, this article shall control. (Code 1955, § 3-27) Sec. 9-200. Permits required; exeeptione. (a) It shall be unlawful for any person to pcet, display, change or erect a sign or a sign structure within the city without first having obtained a permit therefor, in accord- ance with this article,' provided however, that those signs erected prior to December 8, 1975, shall be allowed to remain in accordance with the time limitation and structure requirement3 set forth herein. No sign or sign structure, previously 8o 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 article, or else remove such sign or sign structure. (b) The following signs shall not require permits: (1) Real estate sign conforming to the requirements set forth in subsection 9-211(A)(1). (2) Temporary political sign conforming to the requirements set forth in subsection 9-212(E). (Code 1955, § 3-4; Ord. No. 52-82, § 2, 8-24-82) See. 9-201, Permit applications. All applications for sign or sign structure pernuts required in section 9-200 shall be filed by the prospective sign or sign structure owner, or his Merit, in the office of the buiMing official upon forms furnished by the building official. Said application shall describe and set forth the following: (e) The type of sign or sign structure m defined in this article. (b) The value of the si~n or si~n structure, including installation cost. Supp. No. 15 572 BUILDINGS AND CONSTRUCTION § 9-201 (c) The street address of the property upon which stid sifn or sifn str~cture is to be located end the propooed location of nejd sisn or oisn ot.-ucqxtre on said property. In the aboence of a street addrem a method of loeation acceptable to the chief buildin~ official shall be used. (d) The square foot a~ea per siwn hem and the af:wrewato oquare foot aroa of the siwn or siwn structure. (o) The namo and addreso of tho ownor or other person in eontrol or IManmion of the real property upon which said sifn or sifn strueturo is to bo ioeat~L Supp, No. 15 572.1 BUILDINGS AND CONSTRUCTION § 9-203 (f) Written consent of the owner, or his agent, granting permission for the construction, operation, maintenance, or displaying of such sign or sign structure. (g) A sketch, blueprint, blue line print, or similar presentation showing all pertinent structural details, wind pressure requirements, and materials to be used in accordance with the requirements of this article. 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. (Code 1955, § 3-5; Ord. No. 30-79, § 4, 5-29-79; Ord. No. 58-79, § 4, 9-10-79) Sec. 9-202. Interpretation of applications for permits. In all applications for permits where a matter of interpretation arises, the most restrictive interpretation against the issuance of the permit shall prevail. (Code 1955, § 3-24) See. 9-203. Permit and reinspe©tion fees. (a) Permit fee. It shall be unlawful for any person to post, display, alter or erect within the city a sign or sign structure unless otherwise excluded by the terms of this article without first having paid a permit fee to the city at the office of the building official as follows; the permit fee to be determined by total cost of sign including installation: Cost o/Sign Permit Fee $1.00 to $99.00 ................................................... $ 5.00 100.00 to 499.00 ................................................ 10.00 500.00 to 1,000.00 ............................................... 20.00 1,000.00 and over ................................................ 20.00 Plus $5.00 for each additional thousand. (b) Reinspection/es. The permit fee set forth in (a) above includes the cost of inspecting the work to be done under the permit; however, if additional inspection trips are required, an additional inspection fee of fifteen dollars ($15.00) per trip shall be charged. For example, and not in limitation of the foregoing, reasons necessitating additional inspection fees include, but are not limited to, the following: (1) The work, or correction to previously inspected work, does not meet code requirements. (2) An incorrect address is on the application by action of the applicant. (3) The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for inspection. (Code 1955, § 3-6) 573 9-209 DELRAY BEACH CODE sign, meeting the other requirements of this article, may be used provided no illumination is shown between the hours of 9:00 p.m. and 7:00 a.m. the folloWing day. (1) Any other type or kind of signs which do not comply with the terms, conditions and provisions contained in this article. (m) 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 position, 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 the words "stop," "look," "drive-in," "danger," or any other word, phrase, symbol or character jn such manner as to interfere with, mislead, or confuse vehicular traffic as determined by traffic engineering. (n) Moving or stationary advertising sign displayed on a vessel plying the waterways. (o) Signs which exhibit thereon any lewd, lascivious, indecent or immoral wordings, character or illustration. (p) Signs which produce noise or sound. (q) Signs which emit smoke, vapor, particles or odor. (r) 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, and signs painted on approved canvas 'awnings that meet other requirements of this chapter). (s) Canopy signs. (t) Canopy signs, under. (u) Flat signs projecting more than eight (8) inches from wall of building. (v) Vehicular signs. (Code 1955, §§ 3-3, 3-12; Ord. No. 30-79, § 5, 5-29-79; Ord. No. 58-79, §§ 5--8, 9-10-79; Ord. No. :[2-80, § 2, 3-10-80; Ord. No. 56-81, § 1, 8-25-82; Ord. No. 52-82, § 3, 8-24-82) See. 9-210. Aesthetic regulations. The aesthetic quality of a building, or indeed 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 of the building or the adjacent surroundings. In addition to the mechanical limitations on signs imposed by this article, there are certain aesthetic considerations which must be met and are therefore subject to review by the community appmmrancm board: 8up9. Nm 15 BUILDINGS AND CONSTRUCTION ~ 9-211 (a) 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 neighborhood in which it is located. However, in no case shall it exceed the size provided for in other sections of this article. (b) 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. (c) Standard street, directional and real estate signs shall not requ/re review or approval by the community appearance board. (Code 1955, § 3-13; Ord. No. 30-79, § 6, 5-29-79) Sec. 9-211. Sl~us permitted and regulated. (A) RESIDENTIAL R-1AAA AND R-1AAAB. (1) A real estate sign shall not be permitted on a plot except for one sign erected by the owner or his exclusive agent; if a sign is erected by the exclusive agent of the owner, prior to its 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 waterway provided that the additional sign shall be placed upon that side of the plot that borders on said waterway. Such real estate signs shall not exceed three (3) square feet in area and must be well-kept and in good repair. (2) On plots containing permitted nonresidential structures or uses, a fiat 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. (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 installed 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 nameplate sign not exceeding three (3) square feet, of a noncommercial nature, bearing the name and/or street addre~ of the principal occupant. (5) Entrance gates a~ del'meal in section 9-198. 8vM~ I~ 14 } 9-211 DELRAY BEACH CODE (B) RESIDENTIAL R-lA, R-1AAB, R-1AA and R-lAB. (1) S~me as (A)(1), (2), (3), (4), and (5) of this section. (2) One home occupation sism of not more than one square foot in area. (C) RESIDENTIAL RM-6 and PRD 4, 7 and 10. (1) Same as (A)(1), (2), (3), (4), and (5) of this section. (2) One flat si~n or one ground siam advertising the main use and not exceeding thirty-six (36) square feet in area per si~n face with an a~gregate 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 extended closer than ten (10) feet to the public right-of-way line and shall not exceed twelve (12) feet in overall height from the Kround and shall not exceed twelve (12) feet in width. (D) RESIDENTIAL RM-10 AND RM-15. (1) Same as (A)(1), (2), (3), (4), and (5) and (C)(2) of thia section. (2) One fixed projecting si~n advertising the main use and one fixed projecting si~n per accessory use advertising aaid 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 shah extend above the parapet. The area per si~n face shall not exceed thirty (30) square feet with an a~gregnte area of sixty (60) square feet. (E) SAD (SPECIAL ACTIVITIES DISTRICT). (1) It is the intent of this subsection, that the following sign criteria represents maxi- mum limits for signs that may be approved within an SAD. The establishment of specific signs within a particular SAD shall be determined at the time of rezoning, conditional use, and site and development plan approval. Under no circumstances shall a sign permit be issued unless it conforms in all respects to that as shown on the approved site and development plans. (2) Each such district may be permitted one free-standing main use sign. The main use sign may display the name of the district, list some or all of names of occupants, or may'combine the district name with list of separate stores or establishments, .. provided that in all instances the size limitations are observed. Such free-standing sign may be to thirty-two (32) square feet per sign face for the first two hundred (200) feet of main street frontage. The size of such sign may be increased sixteen hundredths square feet per sign face for each foot of frontage in excess of two hundred (200) feet but no such siffn face may exceed one hundred sixty {160) square feet per sign face. A corner location which fronts on two (2) streets, as defined in section 30-1 of the Code of Ordinances, shall be allowed one extra freestanding sign whose area per sign face shall not exceed fifty (50) square feet. No sign shall be higher than twenty-five feet from the ground nor protrude past the street right-of-way. q~ N~ 14 BUILDING8 AND CONSTRUCTION ! 9-211 (3) Each establishment in such district may be allowed one fiat or painted sign not to exceed ten per cent (10%) of the front face of such establishment. Any such establishment bordering upon more than one street, alley or public thoroughfare, may be permitted one additional sign for each such street or slley. (4) All signs shall be uniform in nature and shall be submitted at time of preliminary review by the community appesrance board. (F) COMMERCIAL DISTRICTS. (1) Shopping centers only. (a) One main use sign which may be either: a free-standing sign, fixed projection sign, or fiat sign subject to the size limitations for such signs contained in (F) (3) and (4) below. The main use sign may display the name of the shopping center, list some or ail 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 establishments 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 fiat sign not to exceed ten per Cent (10%) of such unit front face area which shall be limited to the first twelve (12) feet from floor level times the width of the building (subject to decrease in size or area by the community appearance board) and window lettering not to exceed five per cent (5 % ) 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 feeet in area. (3) For those signs whose faces are generally perpendicular to the street center line, only one of the following is permitted: (a) One free-standing sign advertising the use of the premises. Such sign shall be predicated on the basis of one-half' ( 1/2 ) 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 free-standing 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. (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) 579 § 9-211 DELRAY BEACH CODE 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 thoee 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 fiat 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 shah be included in the aggregate area. The above such sign shall not exceed one hundred sixty (160) square feet per sign. (5) One flat sign or painted wall sign shall be allowed on the rear of a building bordering upon a street, alley or parking area, advertising the main occupation or business use, but the sign shall not exceed eight (8) square feet. Signs painted on glass shall be included in the aggregate area. (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 fiat sign or painted wall sign advertisng the main occupation or business use shall be allowed provided tht the total aggregate area of such sign or signs shall not exceed twenty per cent (20%) of the building face and shall not exceed one hundred 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 shah not exceed forty (40) square feet. (3) One free-standing sign advertising the main use of the premises as described in (F) (3) (a) hereof. Identification signs shall be permitted on the rear wall of business establishments provided they are limited to ten (10) square feet and provided that the rear of the property is not contiguous to residential zoning districts. (Code 1955, § 3-14; Ord. No. 77-78, § 1, 11-13-78; Ord. No. 30-79, §§ 7, 8, 5-29-79; Ord. No. 58-79, ii 9-12, 9-10-79; Ord. No. 34-82, § 1, 4-27-82; Ord. No. 45-82, § 1, 7-2742) BUILDINGS AND CONSTRUCTION § 9-212 See. O-21Z Speeiftl signs. (A) SUBDIVISION SIGNS. 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 one hundred BUILDINGS AND CONSTRUCTION § 9-212 sixty (160) square feet with a maximum of two (2) faces per sign. No sign shall exceed twenty-five (25) feet in height from ground level. Said signs shall be located in accordance with the requirements contained in the section of this article relating to the specific zoned area. Permits for said signs will be granted in accordance with section 9-204 and shall be limited to the time development is completed, terminated or abandoned. Such signs shall not be erected more than sixty (60) days prior to commencing construction and are limited to one year. (B) TEMPORARY SIGNS. One nonilluminated building sign may be permitted to be erected on the premises or attached to a tool house on the premises subject to the following conditions: (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 construction and must be removed when building or project is completed; provided, however, if such sign is erected as permitted hereunder and construction is not commenced 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 article 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 oAmes, churches and points of interest. Civic organizations and churches may be permitted to place their insignias thereon. (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 development may be permitted in city street right-of-way subject to the approval of the public works, engineering and building departments. The designation of the maximum number of directional signs is not intended to imply that each qualifying applicant is entitled to the maximum. The n,~mber of directional signs permitted for each qualifying applicant, up to the maximum, shall depend upon the needs of the traveling public as determined by the above city departments. The dimensions of the directional signs shall be eight (8) inches by thirty (30) inches per sign. The signs will be designed and installed in accordance with city specifications at the expense of the applicant. When directional signs are located at a street intersection, they shall be placed on the side of the street opposite the side on which there are street signs. 581 § 9-212 DELRAY BEACH CODE (b) No more than six (6) signs on one pole shall be permitted at any street intersection. (c) Residential directional signs limited to a maximum of six (6) per development are permitted for those developments having twenty-five (25) or more living units. These signs may be placed in the city street right-of-way subject to the approval of the public works, engineering and building departments. The plans and specifications of the approved signs are available in the building department. No other type sign will be permitted. The designation of the maximum number of directional signs is not intended to imply that each qualifying applicant is entitled to the maximum. The w~mber of directional signs permitted for each qualifying applicant, up to the maximum, shah depend upon the needs of the traveling public as determined by the city building department. The dimensions of the directional signs shall be eight (8) inches by six (6) feet per sign with a maximum of six (6) per structure at any one intersection. The signs will be approved, designed and installed by the city in accordance with city specifications at the expense of the applicant at time of the sign application. The developers are liable for the cost of maintenance and removal of signs and must deposit with the city twenty-five dollars ($25.00) per sign for same. If the sign is destroyed or damaged it may be refurbished or replaced by the city at the developers request and expense. Sign locations will be determined by the building department as needs arise. (2) Special event, recreational or exposition directional signs of a temporary nature, which are of general benefit to the community may be permitted. Said signs shall be located at specified points for the convenience of the traveling public, and shah be limited to four (4) square feet per sign. Such signs shall be removed by the person or agent responsible for such sign within three (3) days after the event. (3) Parking area signs may be erected at each point of ingress and egress to a parking lot or parking area, and such signs shah not exceed four (4) square feet in area nor extend to a greater height than five (5) feet above the ground, and shall be erected within the parking area. Only one such sign shah be allowed at each point of ingress and egress, provided such signs do not create a traffic or pedestrian hazard. (4) Street signs. A subdivision name sign may be placed on a city street post 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 identical to the street sign as to color, size and shape. (5) Directory sign. A directory consisting of signs each having an area of seventy-two (72) square inches (four (4) inches by eighteen (18) inches) per sign 582 BUILDINGS AND CONSTRUCTION § 9-212 and may be attached to a free-standing sign; said directory signs must indicate the organization or business endeavor in the particular commercial or industrial district. Such signs shall be included in the aggregate area for free-standing signs. (6) Window signs. (a) Painted window sign. Each main use and each accessory use in commercial or industrial zoning district except for shopping centers may have one painted main use sign on windows provided it does not exceed twenty per cent (20%) of the glass area being used and is in accordance with this article. (b) Paper signs. Paper signs displayed inside store windows visable from the street shall be limited to twenty per cent (20%) of the glass area. Such signs as are displayed inside the window in accordance with the above will be exempted from fees, permit requirement and community appearance board approval. (7) Entrance sign. 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 building department 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 not exceed three (3) square feet. This shall not be construed to include traffic signs and similar signs authorized by any governmental body. (9) Temporary business sign. (a) Such signs shall not exceed thirty-two (32) square feet per sign. (b) Such sign or signs shall not be allowed over one year or ninety (90) days after opening to the public. (E) TEMPORARY POLITICAL SIGNS. (1) No more than two (2) nonilluminated temporary political signs for each candidate or two (2) temporary political signs for or against a referendum issue may be placed on .any parcel of real property or lot, not more than ninety (90) days prior to the date of any election or referendum to which the temporary political sign is directed. No illuminated temporary political signs shall be permitted. (2) Each such temporary political sign shall be removed within ten (10) days after the date of the election or referendum. In the event that said signs are not removed as provided in this subsection, the city may enter upon the property whereon said sign is located and remove such at the property owner's expense; provided that prior to such removal by the city, the city shall, within the ten-day period, send by certified mail, return receipt requested, to the address of the owner of each property whereon the Sul~. No. 15 9 9-212 DELHAY BEACH CODE temporary political sign is located as such owner is listed on the current tax rolls of the county, a notice of noncompliance stating that the city shall remove said sign at the property owner's expense if same is not removed within the ten-day period following the election or referendum. Each sign not removed prior to expiration of the ten-day period shall constitute an abandoned sign not requiring a hearing prior to its removal by the city. The cost of removal by the city shall be set at twenty-five dollars ($25.00) for noncomplying parcel, which cost shall be assessed against the property owner, and may be levied upon the property upon which the violating sign was located; provided, however, that no such cost of removal shall be assessed against the property or property owner if such property owner can conclusively prove to the city manager or his designee that he/she was not responsible for the temporary political sign and had no knowledge of the temporary sign being placed or maintained on his/her property. (3) Each temporary political sign shall not exceed twelve (12) square feet per sign face. (4) No temporary political sign shall be placed in any public right-of-way or on any public property; nor shall such signs be placed in a location, as determined by the city manager or his designee, which would constitute a safety hazard or hinderance to pedestrian or vehicular traffic. (5) Any person who places or allows to be placed upon his property or property under his control any sign in violation of this section shall be guilty of a violation of this Code of Ordinances, punishable as provided in subsection 9-220(c) and or 1-6 of this Code of Ordinances. (6) Nothing contained in subsection (2), above providing for the collection of costs of removal, shall be construed as a waiver of the violation provisions set forth in subsection (5), above, or as prohibiting the city from issuing citations for violations or enforcing its codes by this or any other means. (Code 1955, 9 3-15; Ord. No. 30-79, 9 9, 5-29-79; Ord. No. 58-79, 99 13--17; Ord. No. 72-81, § 1, 10-27-81; Ord. No. 52-82, § 4, 8-24-82) Sec. 9-213. Clearance height. A sign projecting over areas where vehicular traffic may be required to pass through or beneath shah be erected to m~_intain a minim~m clearance distance of fourteen.and one-half (141/2) feet for the free passage of such vehicles. (Code 1955, § 3-17) Sec. 9-214. Rigid construction; wind loading. Every sign shall be constructed in such a manner as to withstand a wind pre~ure of fifty (50) pounds per square foot. Sign contractors 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 S~pp. No. 15 BUILDING AND CONSTRUCTION § 9-216 shall be submitted. All sign contractors shall sign a certificate stating w/nd loading will meet requirements of this article where signs under thirty-two (32) square feet are submitted. (Code 1955, § 3-18) See. 9-215. Hazardous signs and materials. (a) No sign constructed of combustible material shall be attached to any structure or building if such sign has enough area to require a permit. (1) Combustible signs up to fifty (50) square feet in area shall be at least twenty (20) feet from any building or structure. (2) Combustible signs from fifty-one (51) square feet up to one hundred (100) square feet in area shall be at least forty (40) feet from any building or structure. (3) Combustible signs from one hundred one (101) square feet up to one hundred sixty (160) square feet in area shall be at least eighty (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) '~Fnere 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. AH 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 its label. Electrical components shall be in accordance with the city electrical code and U.L. approved. (Code 1955, § 3-22) Sec. 9-216. Misleading advertising. It shin!! be unlawful for a person to display false or misleading statements upon signs, or other public places, calculated 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 contain 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 _a~me to be displayed or permitting such display at their residence, establishment or place of business. (Code 1955, § 3-20) 584.1 BUILDINGS AND CONSTRUCTION § 9-220 See. 9-217. Removal when business discontinued. When a business or service using any sign or signs is discontinued, all signs and sign structures relating to this business or service shall be removed within ten (10) days from the date of discontinuance. (Code 1955, § 3-20) See. 9-218. Authority to inspect, order correetionL The building official shall inspect, or cause to be inspected, signs located within the city as needed for compliance if, in his opinion, such i_~pection may be required, and upon such inspection, shall require the owner of any s/gn found to be defeetive, neglected, or in unkept condition, or which doe8 not comply with the terms, conditions, and provisions of this article, to be repaired or removed in accordance with the procedures set forth in section 9-220 or 9-221, as applicable. (Code 1955, § 3-19) See. 9-219. Nonconforming signs. (a) A sign or advertising structure existing w/thin the city limits on December 18, 1975, which, by its height, square foot area, location, use or structural support does not conform to the requirements of this article shall hereafter be termed nonconforming. (b) All off-premises signs are hereby made nonconforming and shall be removed within twelve (12) months after December 8, 1975, except those designated in this article. (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 requirements of this article within thirty (30) days after notification by the building department. All other nonconforming signs shall be made to conform to the requirements of this article within a per/od of ten (10) years or else such signs shall be removed at the owner's or lessee'8 expense. (d) When a sign exists which does not meet the requirements of this article and if such sign is located upon real property which has been annexed to the City of Delray Beach subsequent to December 18, 1975, then such sign is subject to the requirements pertaining to nonconforming signs, with the applicable time periods running from December 18, 1975. If the applicable time requirements for specific types of signs which do not meet the Code. requirements have expired on or before the effective date of the annexation ordinance Annexing the subject property, there will be no violation of the terms and conditions of this section provided that the sign which does not meet the Code requirements shall be removed on or before the effective date of the annexation ordinance. (Code 1955, § 3-21) Sec. 9-220. 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 § 9-220 DELRAY BEACH CODE 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 article exists immediate removal is justified. Furthermore, it determines that the providing of such elaborate procedural prerequisites prior to removal of some types of signs would so impede the process of enforcement of this article 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 article is occurring in accordance with the standards set forth herein and the v/olation involves the type of sign listed below, the building official shall forthwith enter upon the private or public property upon which the sign is maintained and remove it. (1) Types of signs. Banner, building sign, sandwich or sidewalk sign, snipe, temporary building sign, real estate signs, instructional sign, political sign, bulletin board of not more than twenty-five (25) square feet, and special event, recreational or exposition directional signs of a temporary nature which, by section 9-212(D)(2), are required to be removed within three (3) days after the event. (2) Notice after removal. After removal of a sign under this subsection, the building official shall notify the occupant of the 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 delivery 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 chapter is occurring and it involves a sign other than the type set forth in (A)(1) of this section, 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: BUILDINGS AND CONSTRUCTION § 9-220 (a) The names and addresses of aU persons notified. (b) Legal description and eddrees 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 sl~si! also state the section of this article pertaining thereto. (d) That twenty (20) days from the date of mailing of the notice shall be allowed for the violation to be corrected, and the building department 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 ifa 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 purpoes, 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 ccets, including attorneys' fees, will be assessed against the real property. Such costs will become a lien upon the real property described in this notice if unpaid, in accordance with this article. (2) Duties of the city council The city council shall, when a hearing is scheduled, hear from the building official and other appropriate members of the city administration as to: (a) Who are the owners of the real property upon which the sip is located and what other parties may have an interest therein as discloeed by the title search. (b) Proof of notices having been sent to the parties specified in (a) above. (c) Whether a letter has been iasued by the building department evidencing that the violation or violations which were the subject of the notices sent as specified in (B)(1)(d) of this section have been corrected. If not the hearing sh-ll proceed. (d) The nature of the violations, proof that the violations set forth in the -. notices specified in (B)(1) of this section stffi exist. (e) The administration's recommendation for corrective action and an estimate of the approximate cost thereof. (f) Hear from au interested parties other than the administration. (g) Make a finding that the violation or violations that were set forth in the notice specified in (B)(1) of this section which also set the hearing date exist or not. 8upp. No~ 10 § 9-220 DELRAY BEACH CODE (h) If it is determined that a violation exists, the city council shall direct the city administration to take specific affirmative action to correct the violation. The corrective action so specified may include removal of the sign or such le~er remedies aa the council may determine are proper to cure the violation. (e.g., if a permit haa not been issued for a sign, the council may direct the administration to i~ue a permit, providing the sign meets the criteria set forth in thl, article, with the costs of such permit and collection costs being charged to the property aa set forth below.) (3) Liens. The city administration is directed to keep an accurate record of all expenses incurred in correcting the violations which are required of it by city council after the correction haa been completed. The administration shall i~ue a certificate certifying ccet of such work and add thereto a ten per cent (10%) administrative charge to cover the administrative expenses incurred by the city in overseeing the corrective work performed. 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 per cent (10 % ) administrative surcharge. Such assessment shall constitute a legal, valid and binding lien upon the real property upon which the corrective work was performed and legally described in the resolution. This lien, in addition, shall secure the collection costs including attorneys' fees of satisfying this obligation. The lien which is created shall be effective from and after the date upon which the resolution assessing the cost is recorded in the public records of Palm Beach County, Florida. After the foregoing resolution aa been passed by the city council, the record title holders shall be given a thirty-day notice which shall be sent by certified mail and which from the time of mailing permits them thirty (30) days in which to pay the above referred to costs prior to the time that a lien will be recorded against their property and foreclosed for collection. If the real property described in the resolution is owned by more than one person, or if the real property is subject to differing types of interests such aa fee simple title subject to a lease, life estate with a remainder interest and other like interests, the lien described in this article is binding on all such parties and interests and shall be foreclosed against them jointly and severally in the manner in which mortgages are foreclosed under the laws of the State of Florida. (C) FINES. The following remedy set forth in this paragraph shall be followed in addition to any other remedy provided for in this Code. In the event that any provision contained within this article is violated either by a sign contractor or by a person for whom a sign is erected, notice of the violation shall be provided by the building official to the violator. The notice shall explain the affirmative action needed to be taken to correct or eliminate the violation, and shall specify the number of days, not to exceed ten (10), by which the violation must be corrected or eliminated. If the violation is not corrected or eliminated within the number of days specified in the notice of violation, a fine of at least fifteen dollars ($15.00) per day and not exceeding five hundred dollars ($500.00) per day, shall be assessed against the violator for each day, subsequent to the last day by 8upl~ N~ 10 BUILDINGS AND CONSTRUCTION § 9-220 which the violation was required to have been corrected or eliminated, that the violation remains in effect. (D) PROSECUTION. In addition to the remedies of removal set forth in (B)(1) and (2) above and to the remedy of assessing a fine as set forth in (C) above, when the building official determines that a violation of this article exists, the violator may be cited for a violation of this article which, upon conviction, shall be deemed a misdemeanor and the violator shall be punished in accordance with section 1-6 of this Code. Each day such violation exists shall constitute a separate offense. (Code 1955, § 3-23; Ord. No. 82-81, §§ 1, 2, 1-12-82) 588.1 BUILDINGS AND CONSTRUCTION § 9-334 See. 9.221. Unsafe signs. The building official shall have the author/O/ set forth in Section 2301.6 of the Standard Building Code as adopted by section 9-16 of this Code, except that the notice requirements set forth in this article shall control over those set forth in the Standard Building Code. The building official oh,il follow the procedures set forth in this article as they relate to the different type~ of signs involved as set forth in section 9-220(A) and (B). (Code 1955, § 3-25) See. 9-222. Emergency powers. The decision of the building official shall be f'mal in cases of emergency which in his opinion involve an emergency dangerous to human life. When he has determined that such a situation exists with reference to a sign or sign structure, he shall forthwith cause it to be made 8afc or have it removed. In performing his duties under this section, he is authorized to immediately enter upon the property where the sign is maintained with such assistance as he determine8 appropriate and at such cost as may be necessary and proper to effectuate his duties hereunder. He 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. (Code 1955, § 3-26) Seco. 9-223--9-332. Reserved. ARTICLE IX. COMMUNITY APPEARANCE DIVISION 1. GENERALLY Sec. 9-333. Requirements declared additional. The requirements of this article are in addition to any other requirement of the Code of Ordinances of the City of Delray Beach, such as the Zoning Code, the Building Code, etc. An approval by the community appearance board of a given set of plans and specifications does not necessarily constitute evidence of applicant's compliance with other requirements of the Code of the City of Delray Beach. (Code 1955, § 2-36) Sec. 9,534. Violations. (a) It shall constitute a violation of this article should any owner, agent or person having charge of or occupying any lot or premises covered by the provisions of this article refuse or neglect, for a period of fifteen (15) days after receiving notice from the city of any violations hereof, fail to cure such violation without further notice. (b) In case of such violation, as stated above, the city may then cause the work of removal, replacement and/or cutting to be done and the cost of such work shall forthwith be paid by such owner, agent or other person.