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CHAPTER.21Chapter 21 SIGNS Art. I. Art. II. Art. III. Art. IV. In General Variances/Exemptions and Prohibitions Special Conditions Signs Allowed ARTICLE I. IN GENERAL Sec. 1. Short title. This chapter shall hereafter be known and cited as "The Boynton Beach Sign Ordinance." (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 2. Definitions. Sign. Includes any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, banner, stroke, stripe, line, trademark or reading material which shall be constructed, placed, attached, painted, erected, fastened, manufactured or displayed in any manner whatsoever for the purpose of informing of or advertising about the nature, type or quality of goods, services or activities available; or to advertise the name of any firm, corporation business or any other enterprise, or its nature, type or quality of goods, services or activities; or to attract to or identify any of the aforementioned or by its nature, act to draw attention to a business. Every sign shall be classified and shall conform to the requirements set forth in this chapter. (Ord. No. 01-50, § 3, 12-4-01) Sec. 3. Purpose. The purpose of this article is to create the framework for a comprehensive and balanced system of sign control. It recognizes the need for a well maintained and attractive appearance in a community and the need for adequate commercial and non- commercial site identification, advertising and communication. It is the intent of this chapter to promote the health, safety, convenience, aesthetics and general welfare by controlling signs 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. D. Aesthetically pleasing, and do not cause a visual distraction to pedestrians. E. A safeguard and an enhancement to property values within the community. F. Designed to preserve the beauty and unique character of the city. Any sign containing noncommercial copy shall be deemed an on-premises sign, and any sign authorized in this chapter is allowed to contain noncommercial copy in lieu of any other copy. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 4. Penalties; enforcement. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred ($500) dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 1 2002 S-17 2 Boynton Beach Code 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. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 5. Permitting. Except as provided in Article II, Section 2 it shall be unlawful for any person to erect, repair, alter, or relocate within the city any sign and the structure supporting the sign as defined in this chapter, without first obtaining a permit from the Boynton Beach Development Department and making payment of the fee required. All illuminated signs shall, in addition, be subject to the provisions of the National Electrical Code. Signs and structures supporting signs previously erected without a valid permit shall be in violation of this chapter and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal sign, or to immediately remove such sign and the structure supporting such sign upon notice that the sign or structure supporting the sign is illegal. The notice shall contain a time period for removal. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 6. Application. Application for permits shall be made upon blanks provided by the development department and shall contain or have 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 and the structure supporting the sign is to be attached or erected; 2002 S-17 C. Position of the sign and the structure supporting the sign in relation to nearby building, structures and property lines; D. Two (2) copies 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. Documents showing that the structure supporting the sign is designed for dead load and wind load in any direction in an amount consistent with the requirements contained in the Standard Building Code and 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 the sign and/or structure supporting the sign which have an area exceeding thirty-two (32) square feet and/or exceeding ten (10) feet in height, certifying that such signs are designed to meet the required loading. In cases when required by the director of development, signs shall show calculations for wind loading; F. Name of person, firm, corporation or association erecting the sign and the structure supporting the sign; G. Written consent of the owner of the building, structure or land to which or on which the sign and the structure supporting the sign is to be erected; H. The type of sign and structure supporting the sign as defined by this chapter; I. The estimated value of the sign and/or the structure supporting the sign; J. All electrical details required to determine code compliance for the sign and the structure supporting the sign; and K. All such other information as the development department shall require to demonstrate compliance with this and all other laws and ordinances of the city. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Signs 3 Sec. 7. Permit issuance. The development department shall examine plans and specifications and other data and the premises upon which it is proposed to erect the sign and the structure supporting the sign, and if it appears that the sign and structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the city, the department shall issue a sign permit. All permits are subject to the requirements contained in the latest adopted Countywide Administrative section of the Standard Building Code. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 8. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to the development department prior to permit review or issuance. Any sign or structure supporting a sign which erected or is in the process of being erected without a permit is subject to a total permit fee of four (4) times the normal permit fee. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 9. Annual inspection. The city may inspect at any time each sign or structure supporting a sign regulated by this chapter for the purpose of ascertaining whether the same is unsafe, in need of repair or maintenance, not in conformance with the permit application or otherwise in violation of the provisions of this chapter. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 10. Revocation of permit. The development department is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application and specified in the latest adopted Countywide Administrative Section of the Standard Building Code. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 11. Unsafe and unlawful signs. If it is determined that any sign, or structure supporting a sign, regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this ordinance, the appropriate City Official shall give written notice to the owner thereof. If the owner fails to remove or alter the sign or structure so as to comply with the standards herein set forth within the time prescribed in the notice, such sign or structure may be removed or altered to comply by the city at the expense of the permittee or owner of the property upon which the sign or structure supporting the sign is located. The development department shall not issue a permit to any permittee or owner who refuses to pay costs so assessed. The director of development may cause any sign or structure supporting a sign which presents an immediate peril to persons or property to be removed without notice. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 12. Permit number posting. Every sign or structure supporting a sign hereafter erected shall have placed in a conspicuous place thereon, the permit number of the sign. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 13. Maintenance. The owner of any sign and structure supporting a sign, as defined and regulated by this chapter, shall be required to properly maintain said sign and structure. For a sign to be properly maintained, the sign, together with its framework, braces, angles or 2002 S-17 4 Boynton Beach Code other supports shall be in a safe condition, properly secured, supported and braced and shall be able to withstand weather conditions and loads as required by the regulatory codes in effect within the municipal limits. Maintenance shall include painting and parts replacement. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 14. 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 such business from both the city and the county. The following qualifications shall govern the categories of sign work: A. 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. B. Sign contractor, non-electrical. Those who are qualified and licensed to install, repair, add to, paint or change non-electrical signs, according to the Standard Building Code and who may secure permits for the erection of electrical signs or sign structures (but must sublet the electrical work unless an electrical contractor is associated with the firm). 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/or six (6) feet in height, on said property. Such work shall be erected in a professional manner and shall comply with all other sections of this chapter. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 15. Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind and dead loads as required by the Standard Building Code or other ordinances of the city. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 16. Removal of abandoned signs. Any sign, or structure supporting a 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. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Sec. 1. Variances. After denial of a sign permit by the development department, a request for variance may be filed with the City Commission pursuant to Chapter 1, Article VII, Sec. 1.D.2., of these regulations. The City Commission may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The City Commission may only grant a variance to: A. Allow a setback less than that required under the chapter; 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 2002 S-18 Signs 5 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. (Ord. No. 96-61, § 1, 1-21-97; Ord. No. 00-78, § 2, 1- 2-01; Ord. No. 01-50, § 3, 12-4-01; Ord. No. 02-033, § 4, 8-20-02) Sec. 2. Exemptions. The permit requirements of this chapter shall not apply 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 such signs are located. These signs must be set back ten (10) feet from the property line, meet the structural 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. 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 Article iii, Section 6.D of this Chapter. E. 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. F. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. G. Bus shelter signs. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering signs C. Balloons D. Bus bench signs E. Festoons F. Flashing signs G. Roof signs H. Rotating signs i. Signs that swing J. Sidewalk signs (sandwich/~A" frame) K. Portable signs L. Signs that obstruct free ingress to or egress from a door, window, fire escape or other required exit or entrance. M. Snipe signs or signs attached to or painted on fire escapes, television antennas, satellite dishes, utility poles or any other associated structure. O. Signs which emit odors, sounds, smoke, vapor or other visible matter. P. Signs or sign structures supported by visible guy wires, cables or where there is visible electrical conduit. 2002 S-18 6 Boynton Beach Code Q. Unauthorized signs on property owned by or under control of the City of Boynton Beach. R. Banners unless approved pursuant to this chapter. S. Off premises signs, except those permitted under Chapter 21, Article III, Section 6 (Special Signs) or Chapter 22, Article II, Section 7, Paragraph O (Neighborhood Identification Signs). T. Electrical or illuminated signs in residential zoning districts, except that in a 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. U. Billboards. V. Non-geometric signs shaped to depict figures or demonstrative shapes used to attract attention to the business activity with which the sign is associated. W. Painted Wall Signs. (Ord. No. 96-61, § 2, 1-21-97; Am. Ord. 98-01, § 3, 1-20-98; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) ARTICLE iii. SPECIAL CONDITIONS Sec. 1. Traffic hazards. No sign or structure supporting a sign regulated by this chapter shall be erected at the intersection of any streets 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. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 2. Obscene matter/misleading advertising. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene or indecent matter. It shall be unlawful for a person to display false or misleading statements upon signs, calculated to mislead the public as to anything sold, any services to be performed or information disseminated. The fact that any 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 the sign or permitting same to be displayed. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 3. Aesthetics. 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 supporting a sign 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 Planning and Development 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. All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific location, 2002 S-17 Signs 7 with a minimum dimension of the landscaped area not less than two (2) feet. Landscaping shall be protected from vehicular encroachment. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 4. Interpretation. Where a question arises regarding the interpretation of this chapter, the most restrictive interpretation shall prevail. Interpretations of this chapter shall be made by the director of development or designee. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured 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 when the subject property abuts the intersection of two (2) or more public rights-of-way, all signage within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (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 development 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 comer 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. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 6. 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 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 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 2002 S-17 8 Boynton Beach Code 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 successful inspections and/or other pertinent conditions, such sign shall be immediately removed by the owner or lessee of the premises. 3. Such sign shall be located on the premises being developed in accordance with the requirements 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 director of development. 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 comers from street signs. A limit of six (6) signs on one (1) pole may be permitted at each street intersection. 2. Signs of a temporary nature, not to exceed seventy-five (75) square feet in area, may be permitted. Such signs shall be located at specified points for the convenience of the traveling public. The signs shall be removed within five (5) days of the completion of the event. 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. Temporary directional signs may be erected to guide traffic to building models at inter- sections in the city rights-of-way. 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 development department. Not more than six (6) such signs will be allowed for any one (1) development. These signs shall be placed at the development 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, residential development or neighborhood association of twenty- five (25) units or more, may be allowed one (1) identification sign at each major intersection which serves the residential subdivision, residential development or neighborhood association, not to exceed two such locations. Each sign may have no more than two (2) faces not exceeding sixteen (16) square feet each face, and may be located in the public right-of-way when traffic visibility is unobstructed and the location is approved by the director of development. Upon approval, the city and the representatives of the residential subdivision or residential development or neighborhood association 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 does not preclude the necessity to secure approvals from other govern-mental agencies. D. Temporary political signs may be posted on private property within the city during the 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. 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 same period. All political signs must comply with the structural and setback requirements of this Code. E. Bus shelter signs. Signs on city transit stop shelters may be permitted when authorized by written agreement approved by action of the City Commission pursuant to the provisions of F.S. § 337.407(2). When so authorized, the following standards shall apply: 2002 S-17 Signs 9 1. Signs on city transit stop shelters and associated structures and equipment, including but not limited to benches, bicycle racks, and trash receptacles, shall be permitted only at city transit stops designated by the city, or other areas approved by the City. Placement of bus shelters shall be subject to city review so that no shelter shall be permitted to obstruct a public sidewalk or create a hazard or to otherwise be detrimental to the public safety. A permit for each bus shelter shall be required, but no permit fee shall be charged. 2. Bus shelters and associated structures or equipment shall be designed to meet city building code requirements, if any. 3. Any bus shelter or associated structure or equipment located on a sidewalk within a public right-of-way, shall be so located so as to leave at least thirty-six (36) inches clearance for pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the centerline of the road. In addition, shelters and pads shall comply with the Americans with Disabilities Act Implementation Manual, Accessibility Guidelines for Transportation Facilities; Part IV of the Federal Register, Transportation for Individuals with Disabilities; F.S. Chapter 337; the Florida Administrative Code Rule Chapter 14-20; and any city standards or guidelines for placement and design. 4. Not more than one bus shelter or associated structure or equipment displaying signage or intended for the display of signage shall be permitted at a city transit stop. order the sponsoring organization to remove such bus shelter and, that failing, may remove same at the expense of the sponsoring organization. F. One temporary banner may be posted on private commercial or industrially zoned property within the city for a period of time not to exceed two weeks within a one year period. Temporary banners may not exceed an area of twenty (20) square feet each, may not be placed in setbacks, and may not create any obstruction to motorist visibility. Applicant shall agree to remove banners within twelve hours upon posting of a tropical storm or hurricane watch. This subsection shall not prohibit the City from placing banner signs on City owned property or within the public right-of-way within certain designated corridors throughout the City in order to announce municipal or not-for profit activities, events or programs pursuant to this Chapter. (Ord. No. 96-61, § 3, 1-21-97; Ord. No. 97-42, § 1, 8- 19-97; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 7. Nonconforming signs. A sign or structure supporting a sign located in an area annexed into the city after the adoption of Ordinance No. 91-1 (January 15, 1991) shall be brought into compliance with all provisions of the Sign Code within six (6) months following the date of annexation. No amortization period provided herein shall apply to signs or structures supporting the signs within such annexation areas. 5. Display space on bus shelters shall be limited in location and size to the side or rear wind screen panels. 6. Should any bus shelter, associated structure or equipment or sign on an associated structure or equipment, or bus shelter sign fail to conform to the above standards; or should a residential property owner object to the presence of a bus shelter abutting his property, then the city may A billboard sign in an area of Palm Beach County which is annexed into the City of Boynton Beach after the date of adoption of Ordinance No. 94- 18 (June 21, 1994) shall be brought into compliance with all provisions of the Sign code within five (5) years following the date of annexation, provided that any billboard on undeveloped land shall be brought into compliance as a condition precedent to the issuance of any development order sought prior to the five-year amortization period. An existing billboard sign which was annexed into the City of Boynton Beach after 2002 S-17 10 Boynton Beach Code January 15, 1991 shall be brought into compliance within five (5) years from the date of adoption of Ordinance No. 94-18 (June 21, 1994). The provisions of this section which define and delineate a nonconforming sign shall apply to all billboards annexed into the city. Any existing sign which does not conform to the requirements of this chapter, shall hereafter be deemed nonconforming. All signs must be maintained to original standards and conditions and upon modification must comply with all sections of this chapter. Relettering or change of copy, provided there is no alteration or repair made to the sign structure, shall not constitute a modification. Nonconforming signs shall be removed, changed or altered to conform to the provisions of this chapter by December 31, 1999. A sign shall not be deemed nonconforming if any one of the following conditions apply: A. The sign is a freestanding sign which does not exceed 24 feet in height but is otherwise in conformance with all provisions of this chapter; or B. The sign is a wall sign or freestanding sign which does not exceed the sign limitations set forth in this Sign Code by more than 20 percent and is otherwise in conformance with all provisions of this chapter; or C. The sign is a freestanding sign which does not meet the setback requirements of this chapter, but does not otherwise violate the setback requirements set forth in Article lll, Section 5 or any other provisions of this chapter. If any nonconforming sign is damaged by any cause or is otherwise in need of repair, to such an extent that the cost of repairing the sign equals fifty (50) per cent or more of the original cost of the sign, then its classification as a "nonconforming" sign under this section shall be automatically revoked and repairs shall be made so that such sign shall meet all the requirements of this chapter. (Ord. No. 96-61, § 4, 1-21-97; Ord. No. 00-78, § 2, 1- 2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 8. Overhead clearance. A sign projecting over areas where vehicular traffic may be required to pass shall be erected to maintain a minimum clearance of sixteen (16) feet for the free passage of such vehicles. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) ARTICLE IV. SIGNS ALLOWED Sec. 1. Signs allowed in residential zoning districts. The following signs are allowed and regulated in residential zoning districts: A. One (1) 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 for the limited purpose of advertising only the main use of the premises. A flat wall sign on a building must not be higher than ten (10) feet, and a freestanding sign must not be higher than six (6) feet. Signs on entry walls may not extend above the top of the wall. C. Temporary real estate signs 1. 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. 2002 S-17 Signs 11 2. Multi-family or commercial: One (1) real estate sign not exceeding thirty-two (32) square feet in area and no taller than six (6) feet is allowed per street frontage. D. A condominium, residential development, or incorporated residential neighborhood association 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 may be allowed at points of ingress and egress. (Ord. No. 96-61, § 5, 1-21-97; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 2. Signs allowed in commercial nonresidential districts not otherwise excluded. The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: A. One (1) real estate sign advertising the sale, rental or lease of a premises 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 activity occurring on the premises. The maximum area for this sign shall be 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 activity occurring on 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 one and one half (1-1/2) square feet 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. Such signs will allow for instructions on use of pick-up window 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. 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 development department. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 3. Signs allowed in shopping centers and public use districts. The following signs are permitted and regulated for shopping centers: 2002 S-17 12 Boynton Beach 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 advertising activity conducted on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear foot of street frontage of the lot provided such sign does not exceed one hundred sixty (160) square feet in area or 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. C. One (1) or more flat wall sign(s) which advertises activity occurring on the premises. The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of linear building frontage. D. 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. 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. Non-illuminated identification signs shall be permitted on the rear door of any business establishment, provided they are limited to three (3) square feet in area. 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. 2002 S-17 H. Temporary business identification signs shall be permitted instead of other wall signs allowed 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 development department. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 4. Signs allowed in malls. The following signs are permitted and regulated in malls: A. 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 Article IV, Section 3.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, Signs 13 nor six (6) feet in height. One (1) such sign is permitted for each street frontage. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 5. Signs allowed in industrial zoning districts. The following signs are permitted and regulated in industrial zoning districts: A. One (1) real estate sign advertising that a premises is for sale, rent or 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 activity occurring on 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 activity occurring on 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 comer. The maximum area for this signage shall be 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. 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. 2002 S-17 F. Lots which have uses which front on 1-95 may be permitted additional flat sign(s) subject to the limitations imposed in Article IV, Section 5.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 development department. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 6. Signs in the central business district. The following signs are permitted and regulated in the central business district (CBD): A. One (1) real estate sign advertising that a premises is for sale, rent or 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 (1) freestanding sign, not to exceed eighty (80) square feet in area, advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each one and one half (1-1/2) linear feet of street frontage, with a maximum height of twenty (20) feet. 14 Boynton Beach Code C. One (1) or more fixed projecting or flat wall sign(s) which advertises activity occurring on 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 comer. The maximum area for this signage shall be 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. 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 allowed 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 development department. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) 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 corresponding regular zoning district in this sign chapter. 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. B. Sign program. All 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 area per sign and dimensions of structures. 3. Three (3) certified 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. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12- 4-01) Sec. 8. Signs within public rights-of-way and Sec. 7. Signs permitted in planned districts. The following are the general requirements for signs in planned districts (PUD, PCD and PID); for specific allowable signage, see the regulations for each regular zoning district. 2002 S-17 The following are the general requirements for placing signs within the public right rights-of-way and on City owned property in order to announce public or got-for-profit events, activities, and/or programs :. Signs 15 A. Purpose and intent. The purpose and intent of this section is to regulate the placement of signs within public rights-of-way and on City owned property within the City in order to facilitate the announcement of public and/or not-for-profit events, activities, and/or programs, and to insure the safety of residents and citizens with respect to the placement of signs within the public rights-of-way and on City owned property. B. Sign Program. Within the City there are hereby designated certain corridors located along designated public rights-of-way in which signs may be placed, pursuant to the provisions of this Chapter, on City owned property or within the public right-of- way in order to announce specific public and/or not- for-profit events, activities and/or programs. The corridors are as follows: 1. Seacrest Boulevard from Woolbright Road to Gateway Boulevard, 2. Woolbright Road from Congress Avenue to the West end of the Intracoastal Bridge, 3. East Ocean Avenue from Seacrest Boulevard east to the West end of the Intracoastal Bridge, 4. Congress Avenue from Gateway Boulevard south to Congress Community Middle School, 5. Boynton Beach Boulevard from Winchester Park Boulevard east to S.E. 6th Court, 6. Federal Highway from Gateway Boulevard south to Woolbright Road, and 7. Martin Luther King Boulevard from Seacrest Boulevard east to Federal Highway. Additionally, signs may be placed at the Boynton Beach Tennis Center in order to announce special events held at the Tennis Center. C. Within the designated corridors, vertical banner signs may only be placed on utility poles located within the public rights-of-way pursuant to the following requirements: 1. The vertical banner signs may be placed on hardware attached to the utility poles by the City's Public Works Department, after review and approval by the Development Department. 2. The vertical banner signs attached to utility poles may not exceed six (6) feet in height. 3. No portion of a vertical banner sign may be used to advertise a specific product or service. The banner signs may, however, display the name or logo of the sponsor of the public or not-for-profit event, activity, and/or program or the event logo. 4. A public or not-for-profit event is an event sponsored by the City or a community-based not-for-profit entity which shall be reviewed by the City's Development Department and approved by the City Council Resolution. D. City may place banners or other signs on city property in order to decorate or announce specific public and/or not-for-profit events, activities and/or programs. Such signs shall be authorized by the Recreation Department, require a building permit unless determined otherwise by the Building Official, and shall not be subject to area or duration limits provided limits within this chapter. (Ord. No. 01-50, § 3, 12-4-01) 2002 S-17 16 Boynton Beach Code