47-91 ~mINANCE NO. ~7-9l
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.7, "SIGNS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 4.6.7, "SIGNS", TO PROVIDE FOR ONE NON-
ILLUMINATED FREESTANDING REAL ESTATE SIGN
ADVERTISING "FOR SALE", "FOR RENT", OR "FOR LEASE",
ON EACH STREET ADJACENT TO SAID PROPERTY IN
COMMERCIAL OR INDUSTRIAL ZONING DISTRICTS; TO
PROVIDE FOR. APPOINTING THE COMMUNITY IMPROVEMENT
DIRECTOR, OR APPOINTED DESIGNEE WHO. WILL REVIEW AND
APPROVE SUBDIVISION ~CE SIGNS PLACED IN ANY
PUBLIC RIGHT-OR WAY; PROVIDING FOR EITHER FREE
STANDING OR FLAT WALL DIRECTORY SIGNING IN
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS, AND MORE
SPECIFIC LOCATION OF THE MAJOR IDENTIFICATION SIGN
IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS; TO
PROVIDE FOR THE SUBMITTAL OF A REFUNDABLE $250.00
DEPOSIT TO THE CITY PRIOR TO PLACING ANY TEMPORARY
POLITICAL SIGNS WITHIN THE CITY LIMITS, AND
RETENTION OF THE DEPOSIT IF THE TEMPORARY POLITICAL
SIGNS REMAIN MORE THAN 10 DAYS AFTER THE DATE OF THE
ELECTION; PROVIDING FOR PERMITTING OF ATM SIGNS
W~ICH ARE PHYSICALLY CONNECTED TO AN AUTOMATED
TELLER MACHINE; PROVIDING FOR A MA~XIMUM OF THREE (3)
UNIDENTICAL FLAGS TO BE FLOWN SIMULTANEOUSLY, AND
LIMITING THE PERMITTED FLAG TYPES AND TO REVISE THE
REFERENCE FOR TEMPORARY BANNERS AND SIDEWALK AND
SANDWICH BOARD SIGNS USED IN CONJUNCTION WITH
SPECIAL EVENTS; PROVIDING FOR A FLAT WALL OR FREE-
STANDING OUTDOOR MENU BOARD SIGN FOR BUSINESSES
WHICH COMMONLY USE DRIVE-THRU WINDOWS AS PART OF
THEIR BUSINESS, SAID SIGN MAY NOT BE GREATER THAN
SEVEN (7) FEET IN HEIGHT, NOR GREATER T~{AN TWEB"I"f
FOUR (24) SQUARE FEET IN SIZE, AND TO PROVIDE FOR
THE PERMITTING OF MURALS WITHIN COMMERCIALLY ZONED
DISTRICTS, WITH THAT PORTION OF THE MURAL
IDENTIFYING THE BUSINESS OR SPECIAL SERVICE BEING
INCLUDED IN THE CALCULATION OF THE SIGN AREA;
PROVIDING FOR SIGN HEIGHT AND AREA LIMITATIONS FOR
SIGNS PLACED BETWEEN 10'-20' AND 20'-30'FROM THE
RIGHT-OF-WAY BY ADDING A NEW PARAGRAPH 4.6.7(H)(6),
"NOSTALGIC NONCONFORMING SIGNS," TO PROVIDE A
PROCEDURE FOR ~ DESIGNATION AND RETENTION OF
EXISTING NONCONFORMING SIGNS THAT HAVE AN HISTORIC
OR NOSTALGIC APPEAL, AND CONSTITUTE EXPRESSION OF
ART RATHER THAN SOLELY ADVERTISING; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
section 1. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section
4.6.7(D), "Signs Requiring Permits", Sub-subsection 4.6.7(D)(3),
"Special Purpose Signs and Signing", Paragraph 4.6.7(D)(3)(f), "Real
Estate Signs", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(f) Real Estate Signs: Real estate signs which would other-
wise be exempt except that they exceed the maximum size for exempt
signs, do not exceed 32 square feet, and are located in commercial
or industrial zone districts. A permit may be granted to allow for
the placement of one non-illuminated freestanding real estate si~n
advertising "For Sale", "For Rent"f or "For Lease" along each
street adjacent to the subject property within commercial or
industrial zoned districts.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section
4.6.7(D), "Signs Requiring Permits", Sub-sub-section 4.6.7(D)(3),
"Special Purpose Signs and Signing", Paragraph 4.6.7(D)(3)(h), "Sub-
division Entrance Gate Signs", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(h) Subdivision Entrance Gates Signs:
(viii) All signs proposed to be located within a right-of-way
or median shall be reviewed and approved by the Beve~eDment
Se~v~ees-B~ee~ Community Improvement Director, or appointed
designee, a~-~he~--ptaee~-be~e~e--~he-e~ty--~e~ss~e~-fe~--fe~me~
ee~s~de~s~em-ef-~he-~e~esed-~eea~e~
Section 3. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section
4.6.7(E), "Sign Design Standards", Sub-sub-section 4.6.7(E)(7), "Sign
Development Standards Matrix", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 4.6.7(E)(7) SIGN DEVELOPMENT STANDARDS MATRIX
SIGNING IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS
Type of Sign Location*
(2) major facing the each dedicated
identification street frontage
(4) directory on building face or free
standing ad~acent to building
Section 4. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section
4.6.7(B), "Exempt Signs", of the Land Development Regulations of the
Code of Ordinances of the City. of Delray Beach, Florida, be, and Para-
graphs (a), (b), (c), and (d) are re-lettered' to Paragraphs (b), (c),
(d), and (e), and a new Paragraph (a) is enacted to read as follows:
(3) Temporary Political Signs:
(a) Any candidate, individual, or organization desiring to
erect temporary political signs shall submit a refundable deposit
of $250.00 to the City prior to erecting any temporary political.
signs within the city limits. The Cit~ has the right to retain th~
deposit if any ~olitical signs erected by the candidate,
individual, or organization are still in place more than 10 days
after the date of the election.
Section 5. Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Subsection
4.6.7(B), "Exempt Signs", of the 'Land Development Regulations of the
2 ORD. NO. 47-91
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(11) Automated Teller Machine (ATM) Panels: One panel which
is physically constructed within and is an integral part of an ATM,
and bears the name of the ATM system to which it belongs.
Section 6. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section
4.6.7(C), "Prohibited signs", Sub-sub-sections 4.6.7(C)(2), "Sidewalk
and Sandwich Board Signs", and 4.6.7(C)(5), "Banner Signs", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, bei and the same is hereby amended to read as follows:
(2) Sidewalk .and Sandwich Board Signs: Which are signs that
are movable ~e~ and not secured or attached to the ground except
when used in conjunction with Special Events as provided for in
Section 4.6.7~(D)(3)(1).
(5) Banner Signs and Flaqs: Being a sign having the
characters, letters, illustrations, or ornamentations applied to
cloth, paper, or fabric of~ any kind with only the material for a
backing including any animated or fluttering device designed to
attract attention; except for two flag banners per residential
development at times the model home or model apartment is open for
inspection; or except the flying of no more than three (3) flags,
of which one must be different from the other two, and such flags
may only consist of the United States flag, a fla~ of another
nation, a United States State's flag, or a municipal flaq
~e~-S~a~es-~a~7--~he-~s~--e~-e~e--e~he~-~a~e~?--a~-e~he~--a
S~a~e-~a~-e~-m~e~pa~--~½a~; or except for the flags of service
and civic clubs when displayed at respective meeting sites during
meeting hours; and provided that flag banners shall be limited to
an area of fifteen square feet per flag except for temporary
banners flown in conjunction with Special Events as provided for in
Section 4.6.7%~%~(D)(3)(1).
Section 7. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section
4.6.7(D), "Signs Requiring Permits", Sub-subsection 4.6.7(D)(3),
"Special Purpose Signs and Signing", of the Land Development Regula-
tions of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
(o) Menu Board Signs: Signs used by businesses used to
advertise prices of items in con~unction with service at a drive-
thru window, such as fast-food restaurants, may be permitted as
lon~ as the size of the menu board does not exceed seven 17) feet
in height, and is not ~reater than twenty four (24) square feet in
size.
(p) Murals and Signs within Murals: A large painting or
drawin~ affixed to the wall of a building located in co~erciall¥
zoned districts may be permitted by the Chief Building Official
followin~ a~Droval by the Site Plan Review and A~pearance Board.
The mural shall not directly represent or constitute advertisement
of the ~oods, products, or services provided on site. If any
portion of the mural does include identification of the establish-
ment or the ~oods, ~roducts, or services provided on site, only
that portion of the mural which specifies such information shall
have its area included in the calculation of the sign area.
Section 8. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section
4.6.7(E), "Sign Design Standards", Sub-subsection 4.6.7(E)(3), "Location
and Setback Requirements", Paragraph 4.6.7(E)(3)(b), "Allowed in Special
Setbacks", of the Land Development Regulations of the Code of Ordinances
3 ORD. NO. 47-91
of the City of Delray Beach, Florida, is hereby repealed, and a new
Paragraph 4.6.7(E)(3)(b), "Allowed in Special Setbacks," is enacted to~
read as follows:
(3) Location and Setback Requirements:
(b) Allowed in Special Setbacks: When considered as part of
a site plan approval, or modification to a site plan, a sign may be
located within a special setback area provided that:
(i) If the sign is to be located no less than 10 feet
nor more than 20 feet from the right-of-way, the si~n height
shall not exceed 7', and the sign area shall not exceed 40 sq.
ft.
(ii) If the si~n is to be located no less than 20 feet
nor more than 30 feet from the right~of-wa¥, the si~n height
shall not exceed 14', and the si~n area shall not exceed 96
sq. ft.
Section 9. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.7, "Signs", Sub-section
4.6.7(H), "Removal of Nonconforming Signing", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(6) Nonconforming Nostalgic Signs:
(a) Signs that have an historic or nostalgic appeal, and
constitute artistic expression, and not solely advertising may be
exempted from the removal requirements if a recommendation by the
Historic Preservation Board is approved by the City Commission.
(b) An owner of property on which an existing nonconforming
si~n is located may request the Historic Preservation Board to
recommend to the City Commission that the existing nonconforming
si~n be designated as a "nostalgic si~n."
(c) In considering whether to recommend that the existing
nonconforming si~n be designated as nostalgic, the Historic Preser-
vation Board shall consider the sign's value as a part of the
historical, cultural, aesthetic, and architectural heritage of the
city, state, or nation. The Historic Preservation Board shall
review the criteria contained in Section 4.5.1, of the Land
Development Regulations prior to making its recommendation.
(d) Any existin~ nonconforming si~n designated as a nostalgic
si~n must be maintained in ~ood condition. If at any time the sign
becomes unsightly, or becomes a danger to the public health,
safety, or welfare, the City Commission, followin~ notification to
the owner, may remove the nostalgic designation and set a date by
which time the sign must be removed.
Section 10. 'That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction, to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 11. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 12. That this ordinance shall become effective within
ten (10) days of its passage on second and final reading.
4 ORD. NO. 47-91
PASSED mD ~PTED in regular session on second and final
reading on this 9th day of Jul 1991.
A~EST: --
city Clerk. ~ - '
First Reading June 25, 1991
Second Reading July. 9, 1991
5 ORD. NO. 47-91
J1011~l Mr PlMI~ NIAIIII
A PUBL/C HEARI~ ~11 M ~ ~
C~m~ C~ ~ ~.W. ~
P~., ~y ~ F~, ~
~~ Ag ORDI~E OF THE C~TY C~
M~SSlON ~ T~E CiTY OF DELRAY
AN ORDINANCE ~ T~ CI~ C~ BEACH, PLORIDA, ~ENDING OR-
~15510N OF THE CITY O~ OELRAY Dt~A~CE ~. ~1-~, WHICH
BEACH, FLORID~ ~ENDING ED TIT~E V, 'PUBLJC WORKS',
C~ER 11~ ~tCITOR~ ANO CHAPTER ~, ~ARBAGE
PEDDLERS, OF THE CODE OF OR- TRASh, OF THE CODE OF ORDI-
RAY B~H, FLORID~ BY ENACT- BEACH, FLORIDA, BY ~ENDING
lNG A NEW SUBHEADI~. 'PAW~ 'RATES AND CHARGES', SECTION
BROKERS AND SECON~AND 51.~ 'REGU~R CHARGES LEV-
O~LER~; PROVIOI~ F~ ~FI- IE~, BY REPEALING SUBSECTtO~
NITION$ AHD ~PTiO~S; PRG (D) ~ERCIAL RATES FOR
VIDING A RECOR~ RE~IRE- CYCLI~' AND ENACTING A NEW
MENT FOR SECON~ANO ~AL- SUBSECTION {D), 'CO~ERCIAL
ERS ~ICH INCLU~S A RE- RATES FOR RECYC~I~', TO
~IR~ENT F~ A SIGNATURE, VIDE FOR iNCREASED FEES FOR
I~NTIFI~TI~ AND THUMB VOCUNTARY CG~ERCtAL RECY-
Cle; ~1~ F~ ~* CLI~ SERVICE; AND BY ENACT-
TIES; P~IDI~ A ~VI~ I~ k NEW SUBSECTION
C~; P~IDI~ A GENERAL ~ULTt-F~ILY RATES FOR RECY-
REaR C~; ~VIDI~ CLIO, TO PROV~OE FOR FEES
ANEFFE~I~. FO~ MULTI-F~ILY RECYCLING
~RVICE; PROVtOl~ ~ GENERAL
REELER C~USE; PROVIDING
EFFECTIVE DATE.
PI~ ~ ~i~ ~ if } ~
m~ Dy ~ Ci~ C~m~ wi~
~ ~ ~y ~ ~M~ ~t
~ ~ ~is ~ sKh ~S m~y
THE NE~
CO#TU
JUHCTZON WITH SPECIAL
EVENTS; PROVIDING FOR A FLAT
~VALL OR FREE STANDING OUT.
DOOR MENU ROARD SIGN FOR
BUS~NE~ES WHICH COA~MOHLY
USE DRIVE-THRU W~NDOW~ AS
FART Of: THEIR BUSINESS, SAID
SIGN MAy NOT BE GREATER
THAN SEVEN (7) FEET iN HEIGHT,
NOR GREATER THAN TWENTY
FOUR (24) SQUARE FEET ~N SIZE,
AND TO PROV{D~ FOR THE PER*
M~TTING OF MURALS WITHIN
CO/~ERCIALLY ZONED DIS-
TRICTS, W~TH THAT PORTION OF
THE MURAL IDENTIFYING THE
EUSINES~ OR SPECIAL SERVICE
BEING ~NCLUDED JN THE CALCU-
~l~'f~lll~lllYIl~l~# L.~T]ON OF THE SiGN AREA; PRO-
V~D)NG FOR SiGN HEIGHT AND
II~I~I~IRIIU~#1AJlll AREA L]MITATIONS FOR SIGNS
PLACED BETWEEN ~0'* 2~' AND
A PUBLIC HEARING v~ll be ~ m 3G' FROM THE RIGHT-OF-WAY: I~y
fill fo/~t~/ng ~ O~/P,~qCH]} at ADDING A NEW PARAGRAPH
?:~O P.M., (Or at arty co~tinuatlll~ of 4.6.?(Hi(&), 'NOSTALGIC NONCON-
~ ff~lrt9 ~iCh is set ~y h~e Corn- FORMING SIGNS", TO PROVIDE A
mission), off Ju~f 9, I~1, in t~e City PROCEDURE FOR THE DES~GN~.
Coff~mi~14~t Cltlflf~ 1~1 N.W, 1st T[ON AND RETENTION OF EXIST.
Avem~, D~lra¥ ~ it w~i~ tim~ lNG NONCONFORMING S~GNS
l~e City Commi~loll Will c~l~ide~ THAT HAVE AN HISTORIC OR NOS-
h~r ad~gt~ ~t~ ~w. TM ~ TALGIC APPEAL, AND CONSTI-
o~lin~lc~($) m~y be ~ ~t h~e TUTE EXPRESSION OF ART RATH-
Offk~ of ~ CI~ C1~t~ M the City ER THAN SOLELY ADVERTISING;
HiIC log H.W. lsfA~qlUI. Delray PROVIDING A SAVING CLAUSE;
~JI, Floridl, fluff1 I;O0 AJA. lo S:00 PROVIDING A GE[NERAL. REPEAL.
PS., ~ fhr~ug~ FrM~f, ~ ER CLAUSE; PROVIDING AN
~k~y~ AIIIfff~ p~rti~ I~l ia- FECTIVE DATE.
AM ORDIHAMCE OF THE CITY ~
MISS{OH OW THE CITY OF D~LRAY
~A~W ]]~ '~LICI~OW5 AMD
~EDDL~, ~ TH~ CODE OW OW.:
D{WAMCE{ ~ THE C{~ OF ~EL-
~OKEW~ AMD
O~ALEW~; ~WOVI~{W~ ~
M}TIOM{ AMD ~WY~ ~
VIOlWO A ~ECOW~ I}{Ilf-
MENT FO~ SECON~ ~AL-,
ERS ~ICH INCLU~ A RE. ~
~IR~ENT F~ A SlWTURE,
I~NTIFI~TI~ ANO TH~
TIES; P~OVIDINGA
C~USE; PROVIDING A
AH E~E~IVE DATE.
AN ORDI~E ~ THE CI~ ~
~UP~E~AL OlSTR~ I~
~TI~, SECTION ~, ~,
OF THE ~ND
REDUCTIONS ~ THE ~
ORDINATES ~ THE
DEL~Y B~CH,
~ENDI~ SECTI~ ~,
TO PROVIDE FOR O~ ~1~
MINATED FREESTANDI~ l~
ESTATE SIGN ADVERTI~I~ ~
~L~, ~OR REN~, OR ~OR
LE~, ON EACH STRE~ ADJ~
CENT TO ~ID PROPERTY IN C~
MERCI~ OR IN~STRIAL Z~ING
DISTRI~S; TO PROVI~ F~ A~
~INTI~ THE ~1~ I~
PR~ENT DIREr, ~ A~
~INTED ~SIGNE~ ~ Wl~
AND ~ i
SU~IVISI~ EN~
P~CED IN A~
EITHER FREE STA~ ~
WALL DIRECTORY ~1~
C~ERCIAL AND ]~IAL
ZONE ~ISTR~CTS, AND ~RE S~
CIFIC L~TI~ ~ THE ~OR
I~NTIFI~Ti~ SIGN IN C~
MERCJAL AND INDU~RIAL ZON~
DISTRICTS; TO PROVIDE ~ THE
SU~AL ~ A REFUN~BLE
~M ~IT TO THE CiTY PRI-
OR TO P~CtK ANY T~RY
~ITICAL SIGNS WITHIN T~E
CI~ ~IMITS, AND R~TENTI~ OF
7~E DE~tT FF T~E T~ARY
~LITI~L SIGNS RE. IN
THAN10 DAYS AFTER THE DATE
OF THE E~ECTION PROVIDING
FOR PERMI~ING OF ATM SIGNS
~ICH ARE ~YSI~LY CO~
NE~ED TO AN AUT~TED
TEaR ~HINE; PRO~ING
FOR A ~IMU~ THR~ ~3)
UNI~NTI~L F~S TO~ BE
FL~ SIMULTANEitY, ~ANO
LIMITI~ THE PE~I~ F~G
TYPES AND TO R~ISE THE REF-
ERE~E FOR TEM~RARY
~ER~ AND ~IDEWALK AND
WICH ~RD SIGNS USED tN CO~
C~U~