O91-01ORDINANCE NO. O91-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, DELETING
CHAPTER 21 OF THE CODE OF ORDINANCES,
MORE COMMONLY KNOWN AS THE BOYNTON BEACH
SIGN CODE AND ADOPTING A COMPREHENSIVE
SIGN CODE FOR THE CITY OF BOYNTON BEACH;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
GENERAL REGULATIONS OF PERMITS;
PROVIDING FOR INSPECTION AND INSPECTION
FEES; PROVIDING FOR PROCEDURES REGARDING
UNSAFE AND UNLAWFUL SIGNS; PROVIDING FOR
LICENSING; PROVIDING FOR STRUCTURAL
REQUIREMENTS; PROVIDING FOR REMOVAL OF
ABANDONED SIGNS; PROVIDING FOR
VARIANCES; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR SIGN REGULATION IN
COMMERCIAL AND RESIDENTIAL DISTRICTS;
PROVIDING FOR SIGN REGULATION IN
SHOPPING CENTERS AND MALLS; PROVIDING
FOR SIGN REGULATION IN THE CENTRAL
BUSINESS DISTRICT; PROVIDING FOR SPECIAL
SIGNS; PROVIDING FOR NON-CONFORMING
SIGNS; PROVIDING FOR PENALTIES;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 21 of the Code of Ordinances,
Df the City of Boynton Beach, Florida, is hereby deleted in
its entirety, and a new Chapter 21 is simultaneously created
~s follows:
Chapter 21
SIGNS
~ec. 21-1. Short title.
This ordinance shall hereafter be known and cited as
~he "The Boynton Beach Sign Ordinance."
Sec. 21-2. Purpose.
The purpose of this article is to create the framework
~or a comprehensive and balanced system of sign control. It
recognizes the need for a well maintained and attractive
~ppearance in a community and the need for adequate business
identification, advertising and communication. It is the
Lntent of this article to promote the health, safety,
iconvenience, aesthetics, and general welfare by controlling
isigns which are intended to communicate to the public and to
authorize the use of signs which are:
(a) Compatible with their surroundings.
(b) Designed, constructed, installed and maintained in
such a manner that they do not endanger public
safety nor contribute to vehicular visual
distraction.
(c) Efficient in transfer of information.
Sec. 21-3. Definitions
Certain words and terms in this chapter are defined
for the purpose thereof as follows:
Abandoned sign: A sign which no longer identifies or
advertises a bona fide activity, where the activity has been
abandoned or does not possess a current occupational
license.
Advertising structure: A sign structure erected or
intended for advertising purposes, with or without
~dvertisement display thereon, situated upon or attached to
real property.
Animated or fluttering sign: A sign which uses devices
to generate movement by either mechanical, electrical or
natural methods.
Arcade: A permanent, roof-like structure open to the
~eather on one (1) or more sides, constructed of rigid
naterials, which is cantilevered from the building wall,
~ttached to and supported by the exterior building wall or
~upported by freestanding columns or pillars.
Awning: A structure made of cloth or metal with a
netal frame attached to a building, when the same is so
~rected as to permit its being raised to a position flat
~gainst the building when not in use.
Balloon: A container made of non-rigid material filled
4ith air or gas and designed to be tethered.
Banner: A sign having the characters, letters,
illustrations, or ornamentations applied to cloth, paper,
~ilm or fabric of any kind, with only such materials for a
packing. Banner shall not include national, state,
nunicipal, civic or church flags, awnings or canopies.
Billboard: A sign normally mounted on a building wall
.r freestanding structure with advertising copy which refers
to something other than the name and primary character of
the business on the premises or is located on a remote site
from service or site referred to by the sign copy.
Building facade: That portion of the exterior
elevations of a building extending from grade to the top of
the parapet wall or eaves and the entire width of the
building elevations.
Building frontage: The main entrance side of a
building or bay.
Bus bench sign: A bench, seat, or shelter with
graphics, symbols and/or copy affixed against any surface.
Canopy: A structure, other than an awning, made of
cloth or metal with metal frames attached to a building, and
carried by a frame supported by the ground, sidewalk, or
building.
Changeable copy sign: A sign of permanent
but with removable letters, words, or numerals,
the names or persons associated with, or events
upon, the premises upon which a sign is erected.
may be erected as a part of a freestanding sign.
character,
indicating
conducted
This sign
Combustible sign: Any sign or sign structure which
will ignite or support flames and which has a low flame
point. Prime examples of combustible signs would be wood,
non-U.L, approved plastics, cloths, etc.
Covered walkway and arcade sign: A sign which is
perpendicular to the building face and is suspended from,
attached to, supported from or forms part of, a covered
walkway and is rigid.
Customary plaque: A sign identifying the address,
operator's name or activity taking place within the
facility, not to exceed two (2) square feet in area.
Directional signs:
(1) On-premises, incidental signs designed to guide or
direct pedestrians or vehicular traffic.
(2)
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.
(3) A sign, notice or symbol as to the time and place
of regular civic meetings and religious services.
Directory sign: A freestanding or flat sign listing
)nly the name and/or use or location of more than one (1)
business, activity or profession conducted within a
building, group of buildings or commercial center.
Double faced sign: A sign with two (2) faces which are
)ack to back with no more than a forty-five (45) degree
{ngle between the faces.
Electrical sign: A sign or sign structure in which
Lntegral electric wiring, connections and/or fixtures are
lsed and connected to an electric source and meeting the
cequirements of the National Electrical Code.
Erect: To build, construct, attach, hang, place,
suspend or affix, and shall also include the painting of
signs.
Facing or surface: Shall mean the surface of the sign
lpon, against, or through which the message is displayed or
Lllustrated on the sign.
Festoons: Strings of ribbons, lights, tinsel, small
flags, discs, spinners, pinwheels or any device propelled by
~atural forces used for the purpose of attracting attention.
Fixed projection sign: A sign, other than a flat sign,
~hich extends outward for more than eighteen (18) inches
from the facade of any building and is rigidly affixed
=hereto.
Flag: A piece of cloth used as the national, state,
nunicipal, civic, or church symbol, registered corporate
Logo, or internationally recognized symbol, properly
iisplayed in accordance with published federal, state,
nunicipal, civic, or church adopted guidelines and displayed
Dna designated pole located in a proper holder or in other
rays approved by an appropriate national, state, municipal,
3ivic, or church agency. The maximum allowed is two (2)
different flags per pole and only one (1) pole per lot or
Day frontage.
Flashing sign: A sign, either fixed or portable, which
zses or contains intermittent or a sequential flashing light
source with the exception of a time or temperature sign or
)ow Jones average sign which is part of a permitted
3ommercial sign.
Flat sign: A sign erected parallel to, and extending
%ot more than eighteen (18) inches from, the facade of any
)uilding to which it is attached and supported throughout
!its entire lenqth by the facade of the building and not
extending above'or beyond the building
_
Freestanding sign: A pylon or ground-mounted sign
which is supported by one (1) or more columns, uprights, or
braces in or upon the ground and identifying the use of the
~roperty upon which it is placed.
Government sign: Any temporary or permanent sign
ierected and maintained by the city, county, state or federal
!tgovernment or any of their legal entities.
Height: The vertical dimension measured from the
highest point of the sign to the mean surface grade
surrounding the bottom of the sign.
identification sign: A non-illuminated sign affixed to
the rear of a building bearing the business name and/or
address of the occupant, with an area not exceeding three
(3) square feet.
Illuminated sign: Any sign which has characters,
letters, figures, designs or outline illuminated by electric
lights or luminous tubes as a part of the sign proper.
Incombustible material: Any material which will not
ignite at or below a temperature of 1200 degrees Fahrenheit
and will not continue to burn or glow at that temperature.
Inspector: A city employee working as an inspector
under the authority and direction of the Building Official.
Logo: A symbol of a company or business.
Mall: A single building, enclosing a number of tenants
and occupancies wherein two (2) or more tenants have an
entrance into an enclosed, roofed over area designed as a
pedestrian public way.
Off-premises sign: A sign 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-premises sign: A sign or sign device, indicating
the business transacted, services rendered, goods sold or
produced on the premises, including the name of the
business, person, firm or corporation occupying the
premises. Such sign shall be located where the use, fOr
which the sign is identifying or advertising, is located.
Painted wall sign: A sign painted on any exterior
surface of the building or structure, including the roof.
Parapet: A false front and/or wall extension above the
roof line.
Perimeter: The entire outer boundary of the sign, not
including the supporting structural members.
Person: Shall mean and include any person, firm,
partnership, association, corporation, company or
organization of any kind.
Political sign: A sign erected by a political
candidate, group or agent thereof, for political purposes.
Premises: A parcel of land comprised of one (1) or
more lots for which a site plan has been approved, if
required, by the appropriate governmental body, in
accordance with Chapter 19, Article II of the Code of
Ordinances. If site plan approval is not required, the word
"premises", for the purpose of these regulations, shall mean
parcel of land, with its appurtenances and buildings,
~comprised of one (1) or more lots having unity of use.
Public right-of-way: The land which is dedicated for
9edestrian or automotive traffic or which is dedicated for
~ccess to utilities and is, or is intended to be,
permanently open for these uses.
Reader Board Sign: (See changeable copy sign).
Real estate sign: Any sign erected by an owner, or
lis agent, advertising the real property upon which the sign
ks located as for rent or sale. Such sign shall not include
~ooming house signs.
Real property: The portion of the land or buildings
~ontained in a legal description setting forth the
)oundaries of such property and legally acknowledged under
~he laws of the State of Florida and Palm Beach County.
Recreational facility: Any building or structure
designated for recreational purposes such as games, sports,
~tc. and including adjacent property included for such use.
Roof sign: A sign erected upon or above a roof or
~arapet wall of a building.
Safety sign/Warning sign: A D.O.T. approved sign
~rected to identify a special safety or warning message
~elating to that particular location or area.
Shopping center: A group (three [3] or more) of retail
~tores or service establishments, planned to serve a
~ommunity, neighborhood or other population group which are
~djacent to and which utilize common parking facilities.
Sidewalk or sandwich sign: A moveable sign not secured
)r attached to the ground.
Sign: Shall mean and include every sign, billboard,
~round sign, wall sign, roof sign, illuminated sign,
~rojecting sign, temporary sign, marquee, awning, and
~anopy, and shall include any announcement, declaration,
demonstration, display, illustration or insignia used to
~dvertise or promote the business or other interests of any
~erson or entity when the same is placed out of doors in
>Jew of the general public.
Sign, area of: The square foot area enclosed by the
~erimeter of the sign. The perimeter of the sign shall
~nclude all background material, panel, trim and color that
differentiates the sign from the building, structure or
)bject on which the sign is attached. The area around and
~nclosing the perimeter of each sign shall be summed and
~otaled to determine the total sign area. If the sign is
composed of individual letters or symbols using the wall as
the background with no added decoration, the sign area shall
be calculated by taking the sum of the areas of the smallest
contiguous rectangles containing a letter, symbol, or
continuous line or lines of advertising matter. N0te:
Double faced signs are calculated only as single faced until
there is more than a forty-five (45) degree angle between
faces.
Sign contractor, electrical: A licensed person who is
qualified to install, repair, alter, add to or change, any
electrical wires, apparatus, raceways, conduit or any part
thereof on electrical signs and is qualified to erect signs
and connect to an existing sign circuit.
5
Sign contractor, non-electrical: A liCensed person who
qualified to install, repair, add to, paint or change
~on'electrical signs according to the building code and
IseCure permits for same.
.
Sign face. The part of the sign that
advertising purposes .
Snipe sign. A sign of
· a temporary nature which
l~ounted to stakes or other which is
objects, utilized
i~dvertise or display matter.
Special event sign: A sign which carries a message
~egarding a special event or function which is of general
interest to the community and sponsored by a not-for-profit
~ivic, religious, school, or governmental organization.
is or can be used
is
to
Street frontage: The property line adjacent to a
public or private street.
Structural trim: Shall mean the
lappings, nailing strips, latticing and
~ttached to the sign structure.
molding, battens,
platforms which are
Temporary business identification sign: A
~on-permanent, on-premise sign identifying a business
Location.
Temporary construction sign: A sign identifying the
)wners, contractors, receivers, lenders and suppliers on the
property where the sign is located during the construction
~eriod. Such sign may not be permitted prior to the
~ssuance of a valid building permit for the specific site
and must be removed within ten (10) days after the building
9ermit has been finalized.
Vehicular sign: A sign or sign structure attached or
lffixed in any manner in or to any wheeled vehicle for the
purpose of advertising that business to which the sign
refers, excluding such signs attached or affixed to public
transportation vehicles for business advertising purposes
when such vehicles belong to a fully licensed public
transportation company. A vehicle shall not be used to
=ircumvent this sign code. Vehicles with vehicular signs
shall be parked in the rear of commercial or industrial
~stablishments.
Wall sign: A sign containing copy, graphics, symbols
and or letters placed on the wall surface itself.
Window/door sign: Any sign which is painted on,
applied to, attached to, hanging in or projected upon or
within, the exterior or interior of a building glass area,
including doors. For clarification purposes, signs in this
~efinition include, but are not limited to, any
identification, message, symbol, insignia, visual
representation, logo type or any other form of
uommunication.
Yard sign: A temporary sign, not to exceed four (4)
square feet, which identifies a safety feature related to
the particular lot.
GENERAL REGULATIONS
~ec. 21-4. Permit required.
Except as provided in Section 21-17 it shall be
~nlawful for any person to erect, repair, alter, or relocate
within the City of Boynton Beach any sign or other
advertising structure as defined in this ordinance, without
6
Ifirst obtaining a permit from the Boynton Beach Building
Department and making payment of the fee required by Section
5-4 of the Boynton Beach Code of Ordinances. All
£11uminated signs shall, in addition, be subject to the
9rovisions of the National Electrical Code and the permit
fees required in Section 5-4 of the Boynton Beach Code of
Drdinances.
Signs or sign structures previously erected without a
~alid permit shall be in violation of this Chapter and shall
9e deemed illegal signs. It shall be mandatory to obtain a
~ermit for an illegal sign, or to immediately remove such
~ign or sign structure upon notice that the sign or sign
~tructure is illegal. The notice shall contain a time
9eriod for removal.
i~ec. 21-5. Application for permit.
Application for permits shall be made upon blanks
Drovided by the Building Department and shall contain or
~ave attached thereto the following information:
(a) name, address and telephone number of the
applicant;
(b) location of building, structure or lot to which,
or upon which, the sign or other advertising
structure is to be attached or erected;
(c) position of the sign or other advertising
structure in relation to nearby building,
structures and property lines.
(d) two (2) blueprints or ink drawings of the plans
and specifications and method of construction and
attachment to the building or in the ground.
Plans must include all proposed sign colors.
(e) copy of stress sheets and calculations showing
that the structure is designed for dead load and
wind pressure in any direction in the amount of
fifty (50) pounds per square foot as required by
this and all other laws and ordinances of the
city. 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 and exceeding ten (10)
feet in height, certifying that such signs are
designed to meet the required dead load and wind
load. In cases when required by the Building
Official, signs by a designer shall show
calculations for wind loading.
(f) name of person, firm, corporation or association
erecting the sign structure.
(g) written consent of the owner of the building,
structure or land to which or on which the
structure is to be erected;
(h) the type of sign or sign structure as defined by
this chapter;
(i) the estimated value of the sign and/or sign
structure;
(j) all electrical details, required to determine code
compliance for the sign; and
(k) all such other information as the Building
Department shall require to show full compliance
with this and all other laws and ordinances of the
city.
~ec. 21-6. Permit issuance.
It shall be the duty of the Building Department, upon
~he filing of a complete application for a sign permit to
examine such plans and specifications and other data and the
premises upon which it is proposed to erect the sign or
other advertising structure, and if it shall appear that the
iproposed structure is in compliance with all the
Irequirements of this ordinance and all other laws and
!~rdinances of the City of Boynton Beach shall then issue the
~i~ign permit. All permits issued are subject to the
~equirements and regulations contained in the latest adopted
i~ountywide Administrative section of the Standard Building
i~ode.
:!~ec. 21-7. Permit fee.
Every applicant, before being granted a permit
aereunder, shall pay a fee to the Building Department, as
3pecified in Section 5-4 of the Boynton Beach Code of
~rdinances.
Any sign erected or in the process of being erected
rithout a permit is subject to a total permit fee of four
~(4) times the normal permit fee.
'~ec. 21~8. Annual inspection; fee.
The building inspector may inspect at such times as
deemed necessary, each sign or other advertising structure
regulated by this ordinance for the purpose of ascertaining
~hether the same is unsafe, in need of repair or
naintenance, not in conformance with the permit application
)r otherwise in violation of the provisions of this
)rdinance.
~ec. 21-9. Revocation of permit.
The Building Department is authorized and empowered to
~evoke any permit issued if there has been a violation of
~he provisions of this ordinance or a misrepresentation of
fact on the permit application and as specified in the
latest adopted Countywide Administrative Section of the
;tandard Building Code.
~ec. 21-10. Unsafe and unlawful signs.
If the Building Official shall find that any sign or
Dther advertising structure regulated herein is unsafe or
insecure, or is a menace to the public, or has been
=onstructed or erected or is being maintained in violation
Df the provisions of this ordinance, he shall give written
~otice to the owner thereof. If the owner fails to remove
Dr alter the structure so as to comply with the standards
~erein set forth within the time prescribed in the notice,
such sign or other advertising structure may be removed or
31tered to comply by the Building Department at the expense
Df the permittee or owner of the property upon which it is
located. The Building Department shall not issue a permit
to any permittee or owner who refuses to pay costs so
~ssessed. The Building Official may cause any sign or other
3dvertising structure which presents an immediate peril to
~ersons or property to be removed summarily and without
~otice.
;ec. 21-11. Permit number required.
Every sign or other advertising structure
~rected shall have placed in a conspicuous place
the permit number of the sign.
hereafter
thereon,
Sec. 21-12. Maintenance required.
The owner of any sign as defined and regulated by this
Drdinance shall be required to properly maintain said sign.
For a sign to be properly maintained, the sign, together
~ith its framework, braces, angles, or other supports shall
De in a safe condition, properly secured, supported and
8
braced and shall be able to withstand weather conditions and
pressure loads as required by the regulatory codes in effect
within the municipal limits. Maintenance shall include
Painting and parts replacement.
Sec. 21-13. Licensing, competency of contractors.
A person shall not engage in the business of erecting,
painting, wiring or maintaining signs within the city
without first having procured an occupational license for
~uch business. . Such person shall meet the occupational
~equirements set forth herein. Furthermore, applicants for
~uch occupational license shall exhibit proof of a valid
Palm Beach County occupational license and certificate of
~ompetency in the category applied for. The following
~ualifications shall govern the categories of sign work:
(ap
Sign contractor, electrical. Those who are
qualified and licensed to install, repair, alter,
add to or change any electrical wires, apparatus,
raceways, conduit or any part thereof on
electrical signs and who are also qualified to
erect signs. Such contractor may connect to any
existing sign circuit and may contract and secure
permits for the erection of electrical signs or
sign structures.
(bp
Sign contractor, non-electrical. Those who are
qualified and licensed to install, repair, add to,
paint or change non-electrical signs, according to
the building code and who may secure permits for
the erection of electrical signs or sign
structures.
(c)
Owners, lessees. Notwithstanding either of the
above classifications, nothing herein contained in
this section shall be construed to prevent an
owner or lessee of property from constructing and
erecting a non-illuminating sign or sign
structure, not exceeding thirty-two (32) square
feet in area and six (6) feet in height, on said
property. Such work shall be erected in a
professional manner and further, shall comply with
all other sections of this chapter.
Sec. 21-14. Wind pressure and dead load requirements.
Ail signs and other advertising structures shall be
designed and constructed to withstand a wind pressure of not
less than fifty (50) pounds per square foot of area and to
~eceive dead loads as required in the building code or other
Drdinances of the City of Boynton Beach.
Sec. 21-15. Removal of abandoned signs.
Any sign now or hereafter existing which no longer
advertises a bona fide business conducted or a product sold
shall be taken down and removed by the owner, agent or
person having the beneficial use of the building or
structure upon which such sign may be found, within ten (10)
days after the business use ceases.
Sec. 21-16. Variances.
After denial of a sign permit by the Building
Department, a request for variance may be filed with the
Soard of Adjustment. The Board of Adjustment may grant a
variance if it finds that the unusual shape or typography of
the property in question prevents signage allowable under
the provisions of this ordinance from adequately identifying
9
the business or other activity located on such property.
iThe Board of Adjustment may only grant a variance to:
(a) allow a setback less than that required under the
ordinance;
(b) allow the area and/or height of a sign to be
increased by up to twenty-five (25) percent of the
maximum allowable height or area; or
(c) allow the number of signs to be increased over the
maximum allowed by this code.
No variances may be granted to signs expressly
prohibited by this chapter.
ISec. 21-17. Exemptions.
The permit requirements of this ordinance shall not
~pply to the following signs, provided however, that said
.signs shall be subject to other provisions of this code:
(a)
Real estate signs not exceeding five (5) square
feet in area which advertise the sale, rental or
lease of the premises upon which said signs are
located. These signs must be set back ten (10)
feet from the property line, meet the structural
wind load requirements and must not exceed four
(4) feet in height. Only one (1) such sign is
allowed per street frontage.
(b)
A single residential yard sign, not exceeding
three (3) square feet in area (Beware of Dog,
Watch your Step, Name and Address, etc.).
(c)
Window/door signs using less than twenty (20)
percent of the total glass area facing in any one
direction. This area is not included in the total
sign area allowed under this chapter. These signs
are not permitted in residential zoning districts.
(d) Political signs. These signs must comply with
Section 21-31(d) of this Chapter.
(e) Flags.
(f)
Bulletin boards not over eight (8) square feet in
area for public, charitable or religious
institutions when the same are located on the
premises of said institutions.
(g)
Occupational signs denoting only the name and
profession of an occupant in a commercial
building, public institutional building or
dwelling house and not exceeding two (2) square
feet in area.
(h)
Memorial signs or tablets, names of buildings and
date of erection, when cut into any masonry
surface or when constructed of bronze or other
incombustible materials.
(i)
Traffic or other governmental signs, legal
notices, railroad crossing signs, danger signs and
such temporary, emergency or non-advertising signs
as may be approved by the City.
(J)
Signs indicating the address and/or name of the
residential occupants of the premises, not
exceeding two (2) square feet in area.
(k) Vehicular signs.
10
~ilSec. 21-18. Signs and related equipment prohibited in all
districts.
(a) Any sign and/or sign structure which does not meet
all the criteria as set forth in this chapter.
(b) Animated/fluttering signs
(c) Balloons
(d) Banners (not including
recreational, expositional
identification signs)
special civic event,
or temporary business
(e) Bus bench signs
(f) Festoons
(g) Flashing signs
(h) Roof top signs
(i) Rotating signs
(j) Signs that swing
(k) Sidewalk signs (sandwich/"A" frame)
(i) Portable signs
(m)
Signs that obstruct free ingress to or egress from
a door, window, fire escape or other required exit
or entrance.
(n)
Signs which use the words DANGER, STOP or LOOK or
any other words, phrases, graphics or characters
in a manner as to interfere with, confuse or
mislead traffic.
(o)
Snipe signs or signs attached to or painted on
fire escapes, television antennas, satellite
dishes, utility poles or any other associated
structure.
(p) Signs which emit odors, sounds, smoke, vapor or
other visible matter.
(q)
Signs or sign structures supported by visible guy
wires, cables or where there is visible electrical
conduit.
(r) Unauthorized signs on property owned by or under
control of the City of Boynton Beach.
(s) Banners over any street, sidewalk, within a city
park or playground without a permit being issued.
(t) Off premises signs, except those permitted under
Section 21-31.
(u)
Electrical signs of a commercial nature in
residential zoning districts, except that in a
subdivision development where models are being
demonstrated, an illuminated sign, meeting the
other requirements of this chapter, may be used
provided no illumination is shown between the
hours of 9:00 p.m. and 7:00 a.m. the following
day.
(v) Commercial advertising matter, including but not
limited to, circulars, throwaways, handbilils;
11
provided however, this prohibition shall not be
construed to prevent the use, distribution or
dissemination of such matter on a regular weekly,
bi-weekly or monthly basis by a person or business
duly licensed or registered with the city. This
prohibition shall not be construed to include
business cards.
(w) Billboards.
(x)
Non-geometric
demonstrative
the business
associated.
signs shaped to depict figures or
shapes used to attract attention to
activity with which the sign is
(¥) Painted Wall Signs.
;ec. 21-19. Signs not to constitute traffic hazard.
No sign or other advertising structure as regulated by
.his ordinance shall be erected at the intersection of any
.treets in such a manner as to obstruct free and clear
~ision; or at any location where, by reason of the position,
~hape or color, it may interfere with, obstruct the view of
)r be confused with any authorized traffic sign, signal or
device.
;ec. 21-20. Obscene
)rohibited.
matter/Misleading
advertising
It shall be unlawful for any person to display upon
~ny sign or other advertising structure any obscene,
indecent or immoral matter.
It shall be unlawful for a person to display false or
nisleading statements upon signs, calculated to mislead the
oublic as to anything sold, any services to be performed or
~nfOrmation disseminated. The fact that any sign or display
~hall contain words or language sufficient to mislead a
reasonable and prudent person in reading same, shall be
)rima facie evidence of a violation of this section by the
~erson displaying the sign or permitting same to be
[isplayed.
Sec. 21-21. Aesthetic qualifications.
The aesthetic quality of a building or an entire
neighborhood is materially affected by achieving visual
harmony of the signs 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 section, there are certain aesthetic
considerations which must be met and are therefore subject
to review by the Community Appearance Board when required.
(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
chapter.
(b)
The overall effect of the configuration or
coloring of the sign shall be consistent with the
Community Design Guidelines. The configuration
and colors shall be complementary with other
signs already on the building and on adjacent
properties.
I Ail freestanding signs shall be landscaped in an
attractive manner, appropriate to the specific location,
with a minimum dimension of the landscaped area not less
12
than two (2) feet. Landscaping shall be protected from
vehicular encroachment.
Sec. 21-22. Interpretation.
Where a question arises regarding the interpretation
of this chapter, the most restrictive interpretation shall
)revail.
Interpretations of this chapter shall be made by the
Building Official or designee.
21-23. Setbacks.
Ail signs must meet a minimum of ten (10) foot setback
~asured from the property line to the closest surface of
the sign. Where a building is closer than ten (10) feet
from a property line, a freestanding sign can have its
leading edge one half way between the property line and the
building. Wall signs can be on the building surface.
When an accessway intersects a public right-of-way or
·hen the subject property abuts the intersection of two (2)
)r more public rights-ofkway, all signage within the
~riangular areas described below shall provide unobstructed
~ross-visibility at a level between thirty (30) inches and
~ix (6) feet. The triangular areas above referred to are:
(a)
The areas of property on both sides of an
accessway formed by the intersection of each side
of the accessway and the public right-of-way line
with two (2) sides of each triangle being ten (10)
feet in length (or more when determined to be
necessary by the Building Department), from the
point of intersection and the third side being a
line connecting the end of the other two (2)
sides.
(b)
The area of property located at a corner formed by
the intersection of two (2) or more public or
private rights-of-way, with two (2) sides of the
triangular area being thirty-five (35) feet in
length along the abutting public right-of-way
lines, measured from their point of intersection
and the third side being a line connecting the
ends of the other two (2) lines.
Sec. 21-24. Signs permitted and regulated in residential
zoning districts.
(a) One (1) customary plaque not exceeding two (2)
square feet in area.
(b)
On plots containing permitted nonresidential
structures or uses, a flat or freestanding sign,
not exceeding thirty-two (32) square feet in area
will be permitted. A flat wall sign must not be
higher than ten (10) feet, nor a freestanding sign
higher than six (6) feet. Such signs may
advertise the main use of the premises only.
(c) Temporary real estate signs
Single Family: One (1) real estate sign not
exceeding five (5) square feet in area and no
taller than four (4) feet is allowed per
street frontage.
(2) Multi-family or commercial: One (1) real
estate sign not exceeding thirty-two (32)
13
square feet in area and no taller than six (6)
feet is allowed per street frontage.
(d}
A condominium or residential development may erect
single faced name signs on each side of all
entrances on site walls or one (1) freestanding
monument sign for each entrance. These signs are
not to exceed thirty-two (32) square feet in area,
nor be more than six (6) feet in height.
(e)
Directional signs for multi-family or permitted
nonresidential structures, not exceeding four (4)
square feet in area nor five (5) feet in height,
with a limit of four (4) signs per lot, located at
points of parking lot ingress and egress when
approved by the Community Appearance Board.
~ec. 21-25. Signs permitted and regulated in all commercial
~onresidential districts not specifically set forth
~lsewhere in this chapter.
(a)
One (1) real estate sign advertising "For
Sale/Rent/Lease", may be placed on the premises
and shall not exceed thirty-two (32) square feet
in area, nor six (6) feet in height. One (1) such
sign is permitted for each street frontage.
(b)
One (1) double faced freestanding sign advertising
the use of the premises. This sign shall be
predicated on the basis of one (1) square foot of
area for each linear foot of street frontage; no
such sign shall exceed sixty-four (64) square feet
in area. No sign shall be taller than twenty (20)
feet.
(c)
One (1) or more fixed projecting or flat wall
sign(s) which advertises the use of the premises,
provided that for the projecting sign, the sign
and its supports shall not extend more than three
(3) feet beyond the face of the wall, nor shall
either sign extend above the parapet of the
building or beyond the building corners. The
maximum area for this signage shall be predicated
on the basis of one and one half (1-1/2) square
foot of area for each one (1) foot of linear
building frontage.
(d)
In addition to the other signs in this section,
one (1) on-premises sign, described as follows,
shall be permitted in those commercial districts
of the city where drive through restaurants are
permitted. Said sign shall be an exterior
single-face menu sign with illustrated face not to
exceed twenty-five (25) square feet when a
restaurant has a drive through pickup window
service. Such signs will allow for instructions
on use of this service and list the menu and price
of items to be served, with the top of the sign
not to exceed five (5) feet above ground level at
the base of the sign.
(e)
Non-illuminated identification signs shall be
permitted on the rear door of all business
establishments provided such signs are limited to
three (3) square feet in area.
(f)
Directional signs, not exceeding four (4) square
feet in area, nor five (5) feet in height with a
limit of four (4) signs per lot, located at points
of parking lot ingress and egress.
14
:enters.
(g)
Temporary business identification signs shall be
permitted instead of other wall signs permitted in
this section. One (1) temporary sign for a
maximum of thirty (30) days, can be permitted when
a Certificate of Occupancy has been issued,
pending the approval of a sign application, if at
the time of the Certificate of Occupancy an
application for a sign permit has been submitted
to the Building Department.
21-26. Signs permitted and regulated for shopping
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
One (1) real estate sign advertising "For
Sale/Rent/Lease", may be placed on the premises
and shall not exceed thirty-two (32) square feet
in area, nor six (6) feet in height. One (1) such
sign is permitted for each street frontage.
One (1) freestanding sign advertising the use of
the premises. This sign shall be predicated on
the basis of one (1) square foot of sign area for
each linear foot of street frontage of the lot
provided such sign shall not exceed one hundred
sixty (160) square feet in area with a maximum
height of twenty (20) feet. Lots which front on
more than one (1) collector and/or arterial
roadway shall be allowed one (1) additional
freestanding sign, not to exceed one hundred sixty
(160) square feet in area with a maximum height of
twenty (20) feet, to be located on the additional
roadway.
One (1) or moro flat wall sign(s) which advertises
the use of the premises. The maximum area for
this signage shall be predicated on the basis of
one and one half (1-1/2) square foot of area for
each one (1) foot of linear building frontage.
Where a covered walkway is present, each store
shall be permitted one (1) under canopy sign not
to exceed three (3) square feet in area. This
sign shall be placed in front of each occupancy
perpendicular to the building face under the
covered walkway and shall not be less than ninety
(90) inches from the walkway, with a rigid
mounting.
A directory sign, not exceeding eighteen (18)
square feet in area, is permitted. This directory
sign can not exceed a height of six (6) feet and
must be placed within the building setback area.
Non-illuminated identification signs shall be
permitted on the rear door of all business
establishments, provided they are limited to three
(3) square feet in area.
Directional signs, not exceeding four (4) square
feet in area, nor five (5) feet in height with a
limit of four (4) signs per lot, located at points
of parking lot ingress and egress.
Temporary business identification signs shall be
permitted instead of other wall signs permitted in
this section. One (1) temporary sign for a
maximum of thirty (30) days, can be permitted when
a Certificate of Occupancy has been issued pending
the approval of. a sign application if at the time
of the Certificate of Occupancy, an application
15
21.-27
(a)
for a sign permit has been submitted to the
Building Department.
· Malls.
Exterior building wall signs, one per exterior
wall face of each major department store and other
center section stores with exterior customer
entrances. These signs must not exceed ten (10)
percent of the exterior wall face upon which they
are attached. Each entrance from the public
right-of-way into the mall will be allowed a
three-sided freestanding sign not to exceed
thirty-two (32) square feet in area per sign face.
A freestanding sign, in compliance with Section
21-26(b) will be permitted in lieu of the above
referenced entrance signs.
(b)
Directional signs, not exceeding four (4) square
feet in area, nor five (5) feet in height with a
limit of four (4) signs per lot, located at points
of parking lot ingress and egress.
(c)
A directory sign, not exceeding eighteen (18)
square feet in area, is permitted. This directory
sign can not exceed a height of six (6) feet and
must be placed within the building setback area.
(d)
Non-illuminated identification signs shall be
permitted on the rear door of business
establishments, provided they are limited to three
(3) square feet in area.
(e)
One (1) real estate sign advertising "For
Sale/Rent/Lease", may be placed on the premises
and shall not exceed thirty-two (32) square feet
in area, nor six (6) feet in height. One (1) such
sign is permitted for each street frontage.
~ec. 21-28. Signs permitted in and regulated in industrial
~zoning districts.
(a)
One (1) real estate sign advertising "For
Sale/Rent/Lease", may be placed on the premises
and shall not exceed thirty-two (32) square feet
in area, nor six (6) feet in height. One (1) such
sign is permitted for each street frontage.
(b)
One (1) freestanding sign, not exceeding
sixty-four (64) square feet in area, advertising
the use of the premises. This sign shall be
predicated on the basis of one half (1/2) square
foot of sign area for each one (1) linear foot of
street frontage, with a maximum height of twenty
(20) feet.
(c)
One (1) or more fixed projecting or flat wall
sign(s) which advertises the use of the premises,
provided that for the projecting sign, the sign
and its supports shall not extend more than three
(3) feet beyond the face of the wall, nor shall
either sign extend above the parapet of the
building or beyond the building corner. The
maximum area for this signage shall be predicated
on the basis of one (1) square foot of area for
each one (1) foot of linear building frontage.
(d)
Non-illuminated identification signs shall be
permitted on the rear door of business
establishments, provided they are limited to three
(3) square feet in area.
16
(e)
A directory sign, not exceeding eighteen (18)
square feet in area, is permitted. This directory
sign can not exceed a height of six (6) feet and
must be placed within the building setback area.
(f)
Lots which have uses which front on 1-95 may be
permitted additional flat sign(s) subject to the
limitations imposed in section 21-28(c) if the
building is designed to front on 1-95. For
purposes of clarification, fronting in this
section means that the building entrance faces
1-95 and no garage doors are visible from the
Interstate. Additionally, the area between the
use and the Interstate must be landscaped as if it
were fronting on a street.
(g)
Directional signs, not exceeding four (4) square
feet in area, nor five (5) feet in height, with a
limit of four (4) signs per lot, located at points
of parking lot ingress and egress.
(h)
Temporary business identification signs shall be
permitted instead of other wall signs permitted in
this section. One (1) temporary sign for a
maximum of thirty (30) days, can be permitted when
a Certificate of Occupancy has been issued pending
the approval of a sign application, if at the time
of the Certificate of Occupancy, an application
for a sign permit has been submitted to the
Building Department.
~ec. 21.29. Signs
~usiness district
uidelines.
permitted and regulated in the central
(C.B.D.) and subject to approved
(a)
One (1) real estate sign advertising "For
Sale/Rent/Lease", may be placed on the premises
and shall not exceed sixteen (16) square feet in
area, nor six (6) feet in height.
(b)
One (i) freestanding sign,not to exceed eighty
(80) square feet in area, advertising the use of
the premises. This sign shall be predicated on
the basis of one (i) square foot of sign area for
each one and one half (1-1/2) linear foot of
street frontage, with a maximum height of twenty
(20) feet.
(c)
One (1) or more fixed projecting or flat wall
sign(s) which advertises the use of the premises,
provided that for the projecting sign, the sign
and its supports shall not extend more than three
(3) feet beyond the face of the wall, nor shall
either sign extend above the parapet of the
building or beyond the building corner. The
maximum area for this signage shall be predicated
on the basis of one (1) square foot of area for
each one (1) foot of linear building frontage.
(d)
Directional signs, not exceeding four (4) square
feet in area, nor five (5) feet in height, with a
limit of four (4) signs per lot, located at points
of parking lot ingress and egress.
(e)
Where a covered walkway is present, each store
shall be permitted one (1) under canopy sign not
to exceed three (3) square feet in area. This
sign shall be placed in front of each occupancy
under the covered walkway and shall not be less
than ninety (90) inches from the walkway, with a
rigid mounting.
17
(f)
Identification signs shall be permitted on the
rear door of business establishments, provided
they are limited to three (3) square feet in area.
(g)
Temporary business identification signs shall be
permitted instead of other wall signs permitted in
this section. One (1) temporary sign for a
maximum of thirty (30) days, can be permitted when
a Certificate of Occupancy has been issued pending
the approval of a sign application, if at the time
of the Certificate of Occupancy, an application
for a sign permit has been submitted to the
Building Department.
21-30. Signs permitted and regulated in planned
[istricts (P.U.D., P.C.D. and P.I.D.).
These are the general requirements for these
listricts, for specific allowable signage see the
~egulations for each similar, regular zoning district.
(a)
Purpose and intent. The purpose of this section
is to encourage continuity for signage in the
planned districts, while allowing for flexibility
with respect to type, color, number, location
(exclusive of setbacks) and design of signs. The
general requirements for each planned district can
be found in the similar corresponding regular
zoning district in this sign code. The approval
of signs in planned districts require the
submission of a sign program for the entire
project as part of the site plan approval process.
Prior to issuance of permits, the sign program
must be reviewed by the Community Appearance
Board.
(b)
Sign program. Ail requests for approval of a sign
program shall be filed as part of the original
site plan approval process or as a modification to
the approved site plan. All applications shall be
filed by the sign owner or his agent, with the
appropriate fee and shall describe and set forth
the following:
(1) The type and number of signs or sign
structures.
(2) The square foot area per sign and dimensions
of structures.
(3)
Three (3) sealed copies of the site plan
showing sign location, sign elevations and
construction details, such as materials,
colors, wind resistance requirements and
structural details.
(4)
In addition to the above, one (1) set of
colored sign elevations with all copy shown in
the type style to be used.
Sec. 21-31. Special signs.
(a)
Temporary project development signs. Large areas
under development shall be permitted two (2) signs
not to exceed a combined aggregate area of two
hundred fifty (250) square feet. Said signs shall
be located in accordance with the requirements
contained in the section of this chapter, relating
to the specific zoned area. Permits for said
signs shall be limited to the time the development
is completed, terminated, or abandoned. The
18
permits for such signs will not be issued prior to
the date upon which an application for a permit
for the related building construction or site
development is filed. These signs must be removed
within sixty (60) days after the permit is issued,
if construction has not commenced, or if such
construction is substantially abandoned for ninety
(90) days, as evidenced by a lack of inspections
and/or other pertinent conditions. Signs must be
removed when the final building inspection is
called for.
(b)
Temporary construction signs. One (1)
non-illuminated 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 sign shall not exceed thirty-two (32)
square feet in area.
(2)
Such sign shall not be erected prior to the
issuance of a building permit and must be
removed when the building or project is
completed; provided, however, if such sign'is
erected as permitted hereunder and
construction is not commenced within one
hundred eighty (180) days after permit is
issued, or if such construction is
substantially abandoned for one hundred eight
(180) days as evidenced by a lack of
inspections and/or other pertinent conditions,
such sign shall be immediately removed by the
owner or lessee of the premises.
(3)
Said sign shall be located on the premises
being developed and shall be located in
accordance with the requirements contained in
the section of this Code relating to the
specific zone areas.
(c) Directional signs.
(1)
General directional signs limited to six (6)
per civic organization, church, recreational
facility and limited to one hundred forty-four
(144) square 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 City Engineer. The owner
shall have the signs 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 the sign is in
the public right-of-way, it shall be placed on
opposite corners from street signs. A limit
of six (6) signs on one (1) pole may be
permitted at each street intersection.
(2)
Special civic event, recreational or
expositional signs of a temporary nature, not
to exceed seventy-five (75) square feet in
area, which are of general benefit to the
community and which are individually approved
by the Building Official, may be permitted.
Said signs shall be located at specified
points for the convenience of the traveling
public. Said signs shall be removed within
five (5) days of the completion of the event.
19
(3)
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.
(4)
Directional signs of a temporary nature may be
erected to guide traffic to building models at
intersections in the City right-of-ways. Such
signs shall not exceed three (3) square feet
in area, nor be more than three (3) feet in
height above the grade of the right-of-way.
Said signs shall be approved by the
Engineering Department. Not more than six (6)
such signs will be allowed for any one (1)
development. These signs shall be placed at
the Engineering Department's discretion and in
all cases shall be placed as close as possible
to the development from the main thoroughfare.
(5)
A residential subdivision or residential
development of twenty-five (25) units or more,
not fronting on a major or minor arterial
street, as defined in Appendix C of the Code
of Ordinances, may be permitted one (1) sign,
with a maximum of two (2) faces and sixteen
(16) square feet, per sign face, in the public
right-of-way. The sign shall be located at
the intersection of the major or minor
arterial street and the collector street or
local street which serves the residential
subdivision or residential development. These
signs must be approved by the City Commission
after a recommendation by the Technical Review
Board and the Community Appearance Board.
Upon approval by the City Commission, the City
and the representatives of the residential
subdivision or residential development shall
enter into a license agreement, setting forth
the terms and conditions upon which approval
to place the sign on the public right-of-way
is granted. Approval by the city does not
preclude the necessity to secure approvals
from other governmental agencies as required.
(d)
Temporary political signs may be posted on private
property within the city during the sixty (60) day
period preceding any local, state, or national
election, with the consent of the property owner.
Candidates or parties desiring to post such signs
shall file with the City Clerk a notice of
intention, to post same prior to the posting of
any such sign and shall agree to remove any such
signs so posted within ten (10) days after the
date of the election. No fee shall be required in
connection with the posting of temporary political
signs. Political circulars and handbills may be
distributed within the city during the above sixty
(60) day period. All political signs must comply
with the structural and setback requirements of
this Code.
ec. 21-32. Nonconforming signs.
A sign or advertising structure in an area annexed
into the city after the date of the adoption of this
ordinance, must comply with this chapter as a condition of
annexation. Any existing permanent sign which does not
conform to the requirements of this chapter, shall hereafter
20
~e termed nonconforming. Ail signs must be maintained to
~riginal standards and condition and upon modification must
~omply with all sections of this chapter.
Relettering or change of copy shall not constitute a
nodification in nonconforming signs. Nonconforming signs
shall be removed, changed or altered to conform to the
provisions of this chapter within five (5) years from the
~ate this chapter takes effect.
If any nonconforming sign is damaged by any cause or
is otherwise in need of repaif, to such an extent that the
~ost of repairing the sign, then its classification as a
"nonconforming" sign under this section shall be
~utomatically revoked and repairs shall be made so that said
sign shall meet all the requirements of this chapter.
;ec. 21-33. Minimum clearance height.
A sign projecting over areas where vehicular traffic
~y be required to pass through or beneath shall be erected
~o maintain a minimum clearance distance of sixteen (16)
feet for the free passage of such vehicles.
Sec. 21-34. Penalties.
Any person violating any of the provisions of this
~rdinance shall be deemed guilty of a misdemeanor and upon
~onviction thereof shall be subject to a fine not exceeding
five hundred (500) dollars. Each day such violation is
~ommitted or permitted to continue shall constitute a
separate offense and shall be punishable as such hereunder.
Enforcement of this chapter may also be secured
through the Code Enforcement hearing process under Chapter
2, Article V of the Boynton Beach Code of Ordinances.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 3. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 4. Authority is hereby granted to codify said
ordinance.
Section 5. This ordinance shall become effective
immediately upon passage.
FIRST READING this ~ day of ~-~/z~/g~F~
1991.
21
SECOND,
FINAL READING and PASSAGE this ?~- day of
, 1991. f~--
~/ /~yor
~ic ~- ~fayor
C6n~missioner
TTE ST:
:it~Clerk --
Commis s ioner
Commissioner
[Corporate Seal)
k:SIGNORD.DOC
22