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O88-33ORDINANCE NO. 88- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING CHAPTER 21 SIGNS. SECTION 21-1 THROUGH 21-26 IN THEIR ENTIRETY; ENACTING A NEW CHAPTER 21. SIGNS. SECTION 21-1 THROUGH 21-26;PROVIDING A PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING EXEMPTIONS TO REQUIREMENTS; PROVIDING PERMIT APPLICATION PROCEDURES; PROVIDING FOR INTERPRETATION STANDARDS; PROVIDING FOR PERMIT FEES; PROVIDING FOR THE ISSUANCE OF PERMITS; PROVIDING FOR PERMIT NUMBERS TO BE DISPLAYED ON SIGNS; PROVIDING FOR PERMIT EXPIRATION; PROVIDING FOR LICENSING COMPETENCY OF CONTRACTOR; PROVIDING FOR SIGN STRUCTURES WHICH ARE PROHIBITED; PROVIDING FOR SIGNS WHICH ARE PERMITTED AND REGULATED IN VARIOUS ZONING DISTRICTS; PROVIDING FOR SPECIAL SIGNS; PROVIDING FOR MINIMUM CLEARANCE HEIGHTS; PROVIDING FOR RIGID CONSTRUCTION; PROVIDING FOR REINSPECTION OF ALL SIGNS; PROVIDING FOR MISLEADING ADVERTISING; PROVIDING FOR OBSOLETE SIGNS TO BE REMOVED; PROVIDING FOR NON'CONFORMING SIGNS; PROVIDING FOR HAZARDOUS SIGNS~D MATERIALS; PROVIDING FOR PROCEDURES !ON VIOLATIONS; PROVIDING FOR TEMPORARY POLITICAL SIGNS AND ADVERTISING; PROVIDING FOR VARIANCES FROM REQUIREMENTS; PROVIDING A CLAUSE; PROVIDING A SEVERABILITY ; PROVIDING AUTHORITY TO CODIFY; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY T~R CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Chapter 21. 21-26 inclusive, of the Code of Ordinances of the City of Boynton Beach is hereby repealed in its entirety. Section 2. New Chapter 21. Signs. Section 21-1 through 21-26 attached hereto as Exhibit "A" and incorporated herein by reference is hereby adopted in its entirety. Section.3~. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. 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 5: ordinance. Section 6. This immediately upon passage. FIRST READING this ~/~ day of 1988. Authority is hereby granted to codify said ordinance shall become effective SECOND, FINAL READING and PASSAGE this · 1988. ~'~day of ATTEST: (Corporate Seal) CITY OF BOYNTON BEACH· FLORIDA Ma~or Commis~io~9~-- v ~ Commissioner commissio~erO~%"~'~ Chapter 21 SIGNS Sec. 21-1. Short form. The short form by which this chapter shall be known shall be "The Boynton Beach Sign Ordinance." (Code 1958, § 24-1; Ord. No. 79-15, §1, 5-16-79) Sec. 21-2. Purpose. It shall be the purpose of this chapter to promote the aesthetics, safety, health, morals and general welfare and the assurance of pro- tection of adequate light and air within the City; to recognize the commercial communication requirements of all sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; by regulation of the posting, displaying, erection, use and maintenance of signs (Code 1958, § 24-2; Ord. No. 79-15, § 1, 5-15-79) Sec. 21-3. Definitions. Certain words and terms in this chapter are defined for the pur- pose thereof as follows: Advertising structure. A sign structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property, upon which any poster, banner, bill, printing, painting, or device, is fastened, affixed, or displayed; provided, however, said term shall not include a building. Arcade. A permanent, roof-life structure open to the weather on one or more sides, constructed of rigid materials, which is can- tilevered from the building wall, attached to and supported by the exterior building wall or supported by freestanding columns or pillars. Arcade sign. A sign which is perpendicular to the building face and. is suspended from, attached to, supported from or forms a part of an arcade. Area. Sign area shall be that part of a sign within the perimeter of the sign face, not including the structure and frame. Banner. A sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, film or fabric of any kind with only such material for a backing. Banner shall include balloons or any animated or fluttering devices designed to attract attention not including national, state, municipal or church flags. Building Facade. That portion of [any] exterior elevations of a building extending from grade to the top of the parapet wall ~r eaves and the entire width of the building elevations. 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. Construction sign. A temporary, nonilluminated sign identifying, the owner, contractor, subcontractor, material supplier, architect, engineer and/or financial institution affiliated with the project or participating in construction on the property on which the sign is located and where continuous construction activities appear to be in progress. (Proof of activity is the responsibility of the principal contractor identified on the sign.) Covered walkway. A permanent, roof-like structure open to the weather on one or more sides. Covered walkway sign. A sign which is perpendicular to the building face and is suspended from, attached to, supported from or forms a part of a covered walkway, and which is rigid. Customary Plaque. Wording, not'to exceed two (2) square feet identifying address, an OpePat~P'$ namei or an activity taking place in the facility. Directional sign. (1) On premise incidental signs designated 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 activities and services. Directory sign. A freestanding or flat sign listing only the name and/or use, or location of more than one business, activity or pro- fession conducted within a building, group of buildings or commercial center. Double faced sign. (Angle Sign) A sign with two {2) faces which are back to back with no more than a 45° angle between faces. Electrical sign. A sign or sign structure in which integral electric wiring, connections and/or fixtures are used as the sign proper when connected to an electric source. {Must meet requirement of City Electrical Code} Fixed projection sign. A sign, other than a flat sign, which extends outward for more than ten {10} inches from the facade of any building and is rigidly affixed thereto. Flag. A piece of cloth used as the national, state, municipal or church symbol properly displayed in accordance with published federal, state, municipal or church adopted guidelines and displayed on a designated pole located in a proper holder or in other ways approved by appropriate national, state municipal or church agency. Flat sign. A sign erected parallel to and extending not more than eighteen {18) inches from the facade of any building to which it is attached and supported throughout its entire length by the facade of the building and not extending above the building. Freestanding sign. A pylon or freestanding sign which is supported by one or more columns, uprights, or braces in or upon the ground and which identifies only the project title or one main use. Identification sign. A sign affixed to the rear of a building bearing the business name and/or address of the occupant. Inspector. A City employee working as an inspector under the authority and direction of the City Building Official. Mall. A single building, enclosing a number of tenants and occupancies wherein two or more tenants have a main entrance into an enclosed, roofed over area designed as a pedestrian public way. Off premise sign. A sign, including building signs, advertising an establishment, merchandise, service, or entertainment, which is sold, produced, manufactured, and/or furnished at a place other than the property on which said sign is located. On premise sign. A sign or sign device, indicating the business transacted, services rendered, goods sold or produced on the premises including name of the business, name of the 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 outside wall. Parapet. A false front or wall extension above the roof line. Perimeter. The whole outer boundary of the sign; not including the supporting structural members. Political sign. A Sign erected bY a political candidate, group or agent thereof for political purposes, Premises. A parcel of land comprised of one 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 a parcel of land, with its appurtenances and buildings, comprised of one or more lots having unity of use. Public right-of-way. That land which is dedicated for pedestrian or automotive traffic or which is dedicated for access to utilities and is, or is intended to be, permanently open for these uses. Real estate sign. Shall mean any sign erected by an owner or his agent, advertising the real property upon which the sign is located as for rent or sale. Such sign shall not include rooming house signs. Real property. The portion of the land or buildings contained in a legal description setting forth the boundaries of such property and legally acknowledged under the laws of the State of Florida and Palm Beach County. Recreational facility. Any building or structure designated for recreational purposes such as games, sports, etc., and including adja- cent property included for such use. Roof sign. A sign erected upon or above a roof or parapet wall of a building. Roof top sign. A sign printed on a flat roof for the purpose of aircraft direction, information and instruction. Shopping center. A group {2 or more) of retail stores or service establishments or any other business, planned to serve a community, neighborhood, or other population group not necessarily owned by one party nor by a single land ownership, which are adjacent to and which utilize a common parking area or common parking areas. Sidewalk or sandwich sign. A movable sign not secured or attached to the ground. Sign. A device or representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others. Sign, Area of. The square foot area enclosed by the perimeter of the sign. The perimeter of the sign shall include all background material, panel, trim and color that differentiates the sign from the building, structure, or object on which the sign is attached. The area around and enclosing the perimeter of each sign shall be summed and totaled 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. 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. Sign contractor non-electrical. A licensed person who is qualified to install, repair, add to, paint, or change non-electrical signs according to the building code, and secure permits for same. Sign face. The part of the sign that is or can be used for adver- tising purpose. Snipe sign. A sign of a temporary nature which is mounted to stakes, or other objects, and which advertises or displays matter applicable to the present use of the premises on which the sign is located. Special event directional sign. A sign which directs the public to a special event located at a place other than the premises upon which the sign is located. Special event sign. A sign which carries a message regarding a special event or function which is of general interest to the community. Vehicular sign. A sign or sign structure attached or affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding, however, signs which are painted upon or magnetically affixed to a vehicle which is regularly used as such in the normal course of the business advertised or which may be required by law, and further excluding such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a duly licensed public transportation company. (Code 1958, § 24-3; Ord. No. 79-15, § 1, 5-16-79) Yard Sign. A temporary sign, not to exceed four (4) square feet and which identifies a safety feature related to the particular lot. Wall sign. See "Painted wall sign". Window 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 pur- poses, signs in this definition include but are not limited to any -identification, message, symbol, insignia, visual representation, logo type or any other form of communication Sec. 21-4. Permits required. It shall be unlawful for any person to post, display, change or erect a sign or a sign structure within the city without first having obtained a permit therefore, in accordance with this chapter. No sign or sign structure, previously erected, shall come under the provisions of the section unless a valid permit for same was issued and in effect at the time of erection. Signs or sign structures previously erected without a valid permit shall be termed in violation and it shall be mandatory to obtain a permit, based on this chapter, or else remove such sign or sign structure. (Code 1958, § 24-4; Ord. No. 79-15, § 1, 5-16-79) Sec. 21-5. Signs not subject to permit requirement. The following signs shall not require permits: (a) Real estate signs conforming to the requirements set forth in Sections 21-14(A)(1) and (3), 21-14(B), 21-14(C)(1), 21-14(I)(1) and 21-14(M)(3)(a)(1), which do not exceed three (3) square feet in area. (b) Directional signs erected by a governmental agency carried for information concerning its service at the locations. {Code 1958, § 24-4; Ord. No. 79-15, § 1, 5-16-79) (c) Signs located totally within the exterior walls of a building, and not visible from the outside of the building. (d) A single yard sign not to exceed four (4) square feet in area. (Beware of Dog, Watch Your Step, Address Sign, etc) (e) A permitted sign in which only the copy is changed. (f) Customary plaque Sec. 21-6. Permit application. All applications for sign or sign structure permits required in section 21-4 shall be filed by the prospective sign or sign structure owner, or his agent in the office of the building official upon forms furnished by the building official. Said application shall describe and set forth the following: (a) The type of sign or sign structure as defined in this chapter. (b) The estimated value of the sign and sign structure. (c) The street address of the.prOperty upon which said sign or sign structure is to be lOCated and a plot plan of said sign or sign structure on said property. In the absence of a street address a method of location acceptable to the building official shall be used. (d) The square foot area per sign and dimensions of sign structure. (e) The name{s} and address of the owner or other person in control or possession of the real property upon which said sign and sign structure is to be located. (f) Document with property owner's or owner's agent signature indicating whether such person has consented to the construc- tion, operation, maintenance, posting or displaying of such sign and sign structure. (g) A sketch, blueprint, blue line print, or similar presentation showing all pertinent structural details, wind pressure requirements, and materials to be used in accordance with the requirements of this chapter. The seal of a Florida registered engineer or architect shall be affixed to drawings of signs or sign structures which have an area exceeding 32 square feet, and not to exceed ten (10) feet in height, certifying that such signs are designed to meet Building Code wind loads. In all cases signs shall show calculations for wind loading, by the designer. (h) Name of sign contractor. (Code 1958, § 24-6; Ord. No. 79-15, (i) For rebuilding a site with more than one use which will require signs; an "overall design scheme" endorsed by the owner and approved by the Community Appearance Board or Downtown Review Board (as appropriate). (1) For rebuilding or use change and located on a site in a building that has had an "overall design scheme" approved by the Community Appearance Board or Downtown Review Board, showing that the proposed sign being considered is consistent with the already approved "overall design scheme". Sec. 21-7. Interpretation of applications for permits. In all applications for permits where a matter of interpretation arises, the most rigid definition shall prevail. {Code 1958, § 24-21; Ord. No. 79-15, § 1, 5-16-79} Sec. 21-8. Permit fees. It shall be unlawful for any person to post, display or erect within the City a sign or sign structure without first having obtained a permit and paid a permit fee to the City at the office of the Building Official {other than those signs mentioned in Subsection {c} below} as follows: (a) See appropriate resolution for fee schedule. (b) A double fee shall be paid for any sign erected or started to be erected without a permit. (c) See section 21-4 (d) For electrical signs, such additional fees as may be specified therefor in and by the City's electrical code in force and effect at the time of application for such permit. (e) Such fees shall be in addition to any license tax now or hereafter levied and assessed by the City. No fee shall be prorated to accommodate short term publicity features. {Code 1958, § 24-6; Ord. No. 79-15, § 1, 5-16-79} Sec. 21-9. Permit issuance; contents. Provided the provisions of this chapter have first been complied with, and the signs or advertising structures do not violate any of the terms, conditions, or provisions of this chapter, or of any other law or ordinance, all freestanding signs in any zoning district and all signs within planned districts require site plan review and shall be filed with the Planning Department on forms furnished by the Planning Department. The building official shall issue a permit for such sign or advertising structure, retaining a copy thereof for his records. Permits shall be numbered and shall disclose: (a) The.type of sign as defined in this chapter. (b) The street address of the property upon which said sign is proposed to be located and the proposed location of the sign on said property. In the absence of a street address, a method of location acceptable to the Building Official shall be used. (c) The name of the sign contractor who shall erect the structure. (d) The amount of the fee paid for such permit. (e) The'date of issuance, § 1, 5-16-79) (Code 1958, § 24-7; Ord. No. 79-15, Sec. 21-10. Permit number to be displayed on sign. All signs shall have permit numbers painted on or applied to the sign, visible from ground level. (Code 1958, § 24-7; Ord. No. 79-15, § I, 5-16-79) Sec. 21-11. Permit expiration. (a) Permits required by this chapter may be issued subject to either of the following conditions: (1) Every permit issued shall become null and void unless the work authorized by such permit is commenced within one hundred eighty (180) after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. (2) Prior to issuing the permit, the Building Official and' the applicant may establish a maximum time schedule for completion of logical phases of construction under the permit. Such schedule shall take into consideration historical data of the City for construction of similar structures within the city. Failure of the permit holder to pursue construction under the permit in accordance with the maximum time schedule shall be prima facie evidence that the project has not been commenced, or has been suspended or abandoned. Such prima facie evidence shall be in addition to any other evidence that construction under the permit has not been commenced or has been suspended or abandoned under the permit. (b) Before work can be commenced or recommenced on any project, for which the permit has become null and void, a new permit shall be obtained. A null and void permit may be renewed, for a prorated amount of the original fee, provided the pro- posed work conforms with all the requirements, ordinances, rules and regulations effective at the time of such renewal. (c) In every case~ a courtesy notice should be given by the Building OffiCial to the permit holder advising that said per- mit is null and void. (Code 1958, § 24-7; Ord. No. 79-15, § 1, 5-16-79) Sec. 21-12. 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 pro- cured an occupational license for such business. Such person shall meet the occupational requirements set forth herein. Further, appli- 6 cants for such occupational license shall exhibit proof of a valid Palm Beach County occupational license and certificate of competency in the category applied for. 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 for and secure permits for the erec- tion of signs or sign structures. (b) Sign contractor--Nonelectrical. 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 signs or sign structures. (c) Owners, lessees. Notwithstanding either of the above classi- fications, 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 on said property advertising the main use and one accessory use of said premises. Such work shall be erected in a pro- fessional manner, and further, shall comply with all other sections of this chapter. (Code 1958, § 24-9; Ord. No. 79-15, § 1, 5-I6-79) Sec. 21-13. Signs, sign structures prohibited. From and after May 16, 1979, it shall be unlawful for any person to erect, place or use within the city: (a) Swinging projecting signs. (b) Off premises signs, except those signs permitted under Section 21-15(c). (c) "A" Frame Sign (d) Sidewalk and sandwich signs. (e) Signs which involve motion or rotation of any part of the structure or display, except horizontal or substantially horizontal rotation of three hundred sixty (360) degrees and not exceeding eight (8) rpm. The rotation element of such signs shall clear nine (9) feet from ground level (minimum). Where vehicular traffic is affected, such clearance shall be increased to fourteen and one-half (14½) feet. Signs con- taining intermittent or flashing lights or animation with the exception of a time and/or temperature unit which is part of a sign permitted in business or industrial areas. (f) It shall be unlawful to continuously park or drive any auto- mobile or other vehicle with a vehicular sign, as defined in Section 21-3 of the existing Boynton Beach Code, upon any street, public or private parking lot, public way or place within the City. (g) All commercial advertising matter, including but not limited to, circulars, throwaways, handbills, cards and vehicular signs as defined in Section 21-3; provided however, this pro- hibition shall not be construed to prevent the use, distri- bution 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 under SectiOn 13-1 or 13-2 of this Code. (h) Electrical signs of a co~ercial nature in R1, R1A, R1AA, R1AAB, and RiAAA Districts except that in a subdivision develop- ment, 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. (b) One fixed projeCting Sign which advertises the use or uses of the premises provided that the sign and its supports shall not extend more than three (3) feet beyond the wall, nor shall it extend above the parapet of any building. The maximum area of such sign shall not be more than eighteen (18) square feet each face and in no case shall be closer than twenty-four (24) inches of the curb line. (3) For those signs whose faces are generally parallel to the street centerline, one of the following is permitted, in lieu of the above: (a) A free standing sign as described in (2)(a) above. (b) A fixed projecting sign as described in (2)(b) above. (4) In addition to signs in Section 21-15(D)(2)(3), one or more flat signs on one or more walls advertising the busi- ness use shall be allowed provided that the area of all such signage shall not exceed ten (10) percent of the building face area of the wall which abutts the main street. (5) In addition to the other signs in this section, one 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-faced menu sign with illustrated face not to exceed twenty-five {25) square feet when a restaurant has a drive through pick up 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. (6) Instead of other signs in this section one temporary sign, maximum of 30 days, can be placed when a Certificate of Occupancy is issued pending the approval of a sign appli- cation if at the time of the Certificate of Occupancy an application for a sign has been submitted to the Building Department. (7) Each use may also have window signs which shall not exceed 20% of the window being used. (8) A directory sign consisting of signs each having an area not exceeding eighteen {18} square feet per sign face. If such directory sign is a flat sign, it should not exceed ten {10) feet in height. If such directory sign is a flat sign, it shall not exceed ten {10} feet in height. If such directory sign is freestanding, it shall not exceed six {6} feet in height. Freestanding directory signs are permitted in addition to signs permitted and regulated in Section 21-14{E){3}. (9) Identification signs, not painted on the wall shall be permitted on the rear wall of business establishments pro- vided they are limited to four {4} square feet of sign area and provided that the rear of the property is buffered when contiguous to residential zoning districts (E) COMMERCIAL (SHOPPING CENTERS) AND MALLS. (1) Shopping centers shall be permitted a main use sign as set forth in paragraph (3) below. (2) One non-illuminated real estate sign advertising FOR SALE, FOR RENT, or FOR LEASE, may be placed on the premises and shall not exceed thirty-two {32} square feet in area. (3) One freestanding sign advertising the use of the premi- ses. Such sign shall be predicated on the basis of one square foot of advertising area for each lineal foot of main street frontage of the lot provided that no such sign shall exceed one hundred sixty {160) square feet per sign face with a maximum of two (2) faces. Lots which front on more than one cOlleCtor and/or arterial roadways shall be allowed one extra-freestanding sign that shall be no higher than thirty (30) feet from the ground, nor protrude into the street right-of-way. (4) Where a building has more than two (2) sides perpendicular to the main thoroughfare and which constitutes the front, a sign or signs may be erected on these sides of the building. Total aggregate area of all signs erected under this subsection shall not exceed ten (10) percent of each building front facing each main thoroughfare. (5) In addition to signs in Section 21-14(E)(1) through (4), a painted or flat sign shall be allowed on the front of each individual occupancy not to exceed ten (10) percent of the face area of each occupancy of that part of the building and not to project above the roof line or the corners of the building. (6) Where a covered walkway is present, each store shall also be permitted one sign not to exceed four (4) square feet. Such signs shall be placed in front of each store, under the covered walkway and shall have ninety inches clearance above the walkway immediately below said sign. A permit will not be required for such a sign if it is not an electric sign. (7) Instead of other signs in this section one temporary sign, can be placed for a maximum of 30 days when a Certificate of Occupancy is issued pending the approval of a sign appli- cation if at the time of the Certificate of Occupancy an application for a sign has been submitted to the Building Department. (8) A directory sign consisting of signs each having an area of not more than one hundred eighty (180) square inches and not exceeding eighteen (18) square feet per sign face. If such directory sign is a flag sign, it should not exceed ten (10) feet in height. If such directory sign is freestanding, it shall not exceed six (6) feet in height and all directory signs shall comply with district set- back requirements. Freestanding directory signs are per- mitted in addition to signs permitted and regulated in Sec 21-14(E)(3). (9) Each use may also have window signs which shall not exceed 20% of the glass area. Window signs are perm'itted on building fronts only and in no instance shall the area of window signs exceed 20 square feet. (10) Identification signs, not painted on the wall shall be per- mitted on the rear wall of business establishments pro- vided they are limited to four (4) square feet of sign area and provided that the rear of the property is buf- fered, when contiguous to residential zoning districts. (F) INDUSTRIAL DISTRICTS (M-l). (1) One nonilluminated real estate sign advertising FOR SALE, FOR RENT, or FOR LEASE, may be placed on the premises and shall not exceed thirty-two (32) square feet in area. (2) One freestanding sign not to exceed thirty two (32) square feet in area advertising the main use of the premises as permitted and regulated in Section 21-14(D) (2)(a), unless otherwise approved on a site plan by the Planning & Zoning Board, Community Appearance Board and Mayor and City Commission. (3) One flat sign as permitted and regulated in Section 21-14{D}{4). For lots which have uses that front on Interstate 95, signage for these uses is permitted and regulated in Section 21-14{F}{9) below. 10 1 (4) Instead of other signs in this section one temporary sign, maximum of 30 days, can be placed when a Certificate of Occupancy is issued pending the approval of a sign application if at the time of the Certificate of Occupancy an application for a sign has been submitted to the Building Department. (5) Identifcation signs, not painted on the wall shall be per- mitted on the rear wall of business establishments pro- vided they are limited to four (4) square feet of sign area and provided that the rear of the property is buffered, when contiguous to residential zoning districts. (6) In addition to other signs permitted and regulatedqn this section, one temporary sign, maximum of 30 days, can be placed when a Certificate of Occupancy is issued pending the approval of a sign application, if at the time of the Certificate of Occupancy an application for a sign has been submitted to the Building Department. (7) Directory sign, as described in Section 21-t4(E)(8), set- back at least fifteen (15) feet from the front property line. (8) On lots which front on more than one collector and/or arterial roadway, excluding frontage on Interstate 95, additional real estate, freestanding, and flat signs, not to exceed the limitations imposed in Section 21-14(F)(1), (2) and (3) above are permitted. (9) Lots fronting on Interstate 95 (a) Lots which have uses which front on 1-95 may be per- mitted additional flat sign(s) subject to the limita- tions imposed in Section 21-14(D)(4) if the building is designed to front on 1-95. For purposes of clari- fication, 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 was fronting on a street. (b) Real estate signs are subject to the limitations imposed in Section F(1) above. (G) CIVIC AND CHURCH SIGNS. The City Commission may erect or approve and permit to be erected, entrance signs at or near the city limits for the benefit of visitors, on which may list institutional names, churches and points of interest. Civic organizations and churches may be permitted to place their insignias thereon. (H) CENTRAL BUSINESS DISTRICT (CBD). (1) Nonilluminated real estate sign advertising For Sale, For Rent, or For Lease, may be placed on the premises and shall not exceed sixteen (16) square feet in area. (2) Directional signs, which shall not exceed four (4) square feet in area, nor exceed five (5) feet in height above finished grade. (3) Signs necessary for public safety or welfare. (4) Business identification signs, which direct attention to a use, business, profession, service, or entertainment, conducted, sold or offered upon the same premises on which it is displayed, in compliance with the following limitations: (a) Total sign face area permitted for each business use shall be calculated as not to exceed one (1) square foot for each one (1) linear foot of exterior building front of such use, but in no case shall the total sign face area of all signs for any individual use exceed one hundred sixty (160) square feet. 11 (b) Signs (covered walkway signs) may be rigidly attached to the underside of canopies, provided that such sign does not exceed four (4) square feet in area, and shall have at least ninety (90) inches clearance above pedestrian walks. (c) Signs attached to buildings shall not exceed thirty (30) feet in height above finished grade. (d) Signs attached to buildings shall not project more than three (3) feet beyond the wall face, and shall not project beyond a property line. (e) Signs shall not be permitted on the roof,'or above the building face. (f) Signs may be illuminated by a steady light, provided that such lighting does not illuminate adjacent pro- perty. (Code 1958, § 24-11; Ord. No. 79-15, § 1, 5-15-79; Ord. No. 80-17, § 1, 5-6-80; Ord. No. 85-31, § 1, 4-16-85). (5) Instead of other signs in this section one temporary sign, can be placed for a maximum of 30 days, when a Certificate of Occupancy is issued pending the approval of a sign application if at the time of the Certificate of Occupancy an application for a sign has been submitted to the Building Department. (I) AGRICULTURE DISTRICT (AG). (1) Residential uses. (a) For residences or residential lots, only a real estate sign that is erected by the owner or his agent may be permitted. Such real estate signs shall not exceed three {3) square feet in area and must be kept in good repair. (2) Non residential uses. (a) One nonilluminated real estate sign advertising FOR SALE, FOR RENT, or FOR LEASE, may be placed on the premises and shall not exceed thirty-two (32) square feet in area. (b) In addition to (a) above, one of the following cate- gories of signs or sign structures is permitted as outlined under a different size and set back as specifically approved by the Planning & Zoning Board, Community Appearance Board and Mayor and City Commission at time of site plan approval. (1) One double-faced freestanding sign identifying the premises not to exceed thirty-two (32) square feet in area per sign face. Such signs shall not exceed a height of seven (7) feet and shall be set back ten (10) feet from any property line. (2) Two (2) flat signs advertising the use or uses of the premises provided that the sign area, singly or via combination, shall not exceed ten {10} per- cent of the building face area of the wall on which the sign is erected. A maximum of one sign shall be allowed per building. (3) In agricultural districts on corner lots and/or double frontage lots, each frontage shall be regarded as a separate frontage for the purpose of permitting additional signs. Such additional signs shall not exceed Section 21-14 {I) regula- tions. 12 (J) EXTERIOR MALL SIGNS Exterior building wall signs are permitted on each exterior wall face of every major department store and other center section stores with exterior customer entrances. These signs must not exceed ten percent (10%) of the exterior walt face upon which they are attached and are limited to a maximum of two hundred {200) square feet per wall face. Each permitted entrance from the public right-of-way into the site will be allowed up to a three (3) face sign, with each sign face not to exceed thirty (30) square feet. One major sign, in compliance with Section 21-14(E)(3), will be permitted in lieu .of multiple entrance signs. (K) RECREATION DISTRICT (REC). (1) One nonilluminated real estate sign advertising FOR SALE, FOR RENT, or FOR LEASE may be placed on the premises and shall not exceed sixteen (16) square feet in area. (2) One freestanding sign identifying the premises, located at least ten (10) feet from the right-of-way, not to exceed thirty-two (32) square feet in area per face. Such signs shall not exceed a height of seven (7) feet. (3) Two flat signs identifying the occupancy, singly or via a combination, shall not exceed twenty-five (25) square feet. A maximum of one sign shall be allowed per building. (4) In recreational districts on lots which front on more than one collector and/or arterial roadway, each frontage shall be regarded as a separate frontage for the purpose of per- mitting additional signs. Such additional signs shall not exceed Section 21-14(K) regulations. (L) PUBLIC USAGE (PU) Signs in this zoning district are permitted and regulated in a manner similar to signs in Section 21-14(D). (M) PLANNED DISTRICTS (P.U.D., P.C.D., and P.I.D.) (1) Purpose and intent. The purpose of these regulations is to set forth general guidelines for sign size, height, location and setbacks and to establish continuity for signs in the planned districts with other signs in the City. These guidelines allow for flexibility with respect to type, color, number, location (exclusive of setbacks) and design of signs. The approval of signs in planned districts requires submission of a sign program for the entire project which conforms to limitations set forth above. Prior to issuance of permits, the sign program will be reviewed by the Planning and Zoning Board and Community Appearance Board and approved by the City Commission. (2) Sign Program. All requests for approval of a sign program shall be filed with the Planning Department as a part of the original site plan approval or as a modification to the approved site plan upon forms furnished by the Planning Department. All applications shall be fileQ by the prospec- tive sign owner or his agent, with the approporiate fee and shall describe and set forth the following: (a) The type and number of signs or sign structures. (b) The square foot area per sign and dimensions of structures. (c) Six sealed copies of the site plan showing sign location, sign elevations, and construction details such as materials, colors, winds resistance require- ments, and structural details. (See Section 21-6(g) above) 13 (d) In addition to the above, one set of colored sign elevations shall be filed including color chips, materials samples and lettering samples. (3) Planned Unit Development (P.U.D.) Planned Unit Development signs may include, but shall not be limited to the following types of signs, subject to approval. The following guidelines or more restrictive may be imposed for setbacks, size and height of signs, depending upon the specific conditions within the Planned Unit Development. (a) Residential Uses. (1) Real estate signs maximum of three (3) square feet in area, permits not required. (2) Name plate signs Not exceeding three (3) square feet in area, permits not required. (3) Entrance wall signs - Such signs shall be located outside of the public right-of-way, may be illumi- nated if approved by the City Commission, and shall not exceed thirty-two (32) square feet. The entrance wall structure shall be located so as not to pose a traffic safety hazard. (b) Nonresidential Uses. (1) Freestanding signs Such signs shall not exceed a maximum of ten (10) feet in height, forty (40) square feet in sign area, and setback ten (10) feet from any property line. (2) Flat signs not exceeding thirty-two (32) square feet in sign area per tenant/occupancy. (~) Both residential and nonresidential uses. (1) Directional signs - such signs may be limited to twelve (12) square feet per sign and shall not be more than four (4) feet above grade of right-of-way. Said signs may be located within the City right-of-way. (4) Planned Commercial Districts (P.C.D.) Planned Commercial District signs may include, but shall not be limited to the following types of signs, subject to approval. The following, or more restrictive size, height and setback guidelines may be imposed, depending upon the specific conditions within the Planned Commercial District. (a) Real Estate signs - Maximum of thirty two (32) square feet in area. (b) Freestanding signs - one such sign, identifying the Planned Commercial District, located no closer than ten (10) feet from any property line, may be illumi- nated if approved by the City Commission, not exceeding 80 square feet per sign face, and no higher than thirty (30) feet from the g~ound. Additional freestanding signs, not exceeding these criteria, may be approved for individual land users predicated upon factors particular to the Planned Commercial District or the site. (c) Flat signs - Such signs not exceeding ten (10) percent of the building face area and in no case exceeding sixty-four (64) square feet in area per tenant/ occupancy. (d) Covered walkway signs - Such signs shall not exceed four (4) square feet and shall have ninety (90) inches clearance above the walkway immediately below said sign. 14 (e) Window signs Such signs shall not exceed 20% of the glass area being used. (f) Directory sign - A directory shall consist of a sign having a total sign area of not more than eighteen (18) square feet per face. (g) Directional signs - Such signs may be limited to twelve (12) square feet per sign and shall not be more than four (4) feet above grade of right-of-way. Said signs may be located within the City right-of-way. (h) Identification signs - Such signs shall not exceed four (4) square feet in sign area and shall be located on the rear wall of business establishments. (5) Planned Industrial Districts (P.I.D.) Planned Industrial District Signs may include, but shall not be limited to, the following types of signs, subject to approval. The following or more restrictive size, height, and setback guidelines may be imposed. (a) Real estate signs - Maximum of thirty two (32) square feet in area. (b) Freestanding signs - One such sign shall be located no closer than ten (10) feet from any property line, may be illuminated if approved by the City Commission, shall not exceed eighty (80) square feet per sign face, and shall be no higher than thirty (30) feet from the ground. Additional freestanding signs, not exceeding these criteria, may be approved for indivi- dual land users predicated upon factors particular to the Planned Industrial District or the site. (c) Flat signs - Such signs not exceeding 10% of the face area of each occupancy of that part of the building. (d) Covered Walkway signs - same guidelines as in a Planned Commercial Development. (e) Identification signs - same guidelines as in a Planned Commercial District. ~ (f) Directory signs - same guidelines as in a Planned Commercial District. (g) Directional signs same guidelines as in a Planned Commercial District. Sec. 21-15. Special signs. (a) (Subdivision Signs) - Temporary Project Development Signs Areas under development, including shopping centers, housing developments, apartments, condominiums, and commercial or industrial projects on extensive platted or unplatted land shall be permitted two (2) signs not to exceed a combined aggregate area of two hundred fifty (250) square feet. 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 will be granted in accordance with Section 21-6 and 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. (Reason: Clarification on when permits should be issued and when signs should be removed). 15 (b) Construction signs. One nonilluminated building sign may be permitted to be erected on the premises or attached to a tool house on the premises subject to the following conditions: (1) Such signs shall not exceed thirty two (32) square feet per sign. (2) Such sign or signs shall not be erected prior to the issuance of a building permit and must be removedwhen building or project is completed; provided, however, if such sign is erected as permitted hereunder and construc- tion is not commenced 'within one hundred eighty (180) days after permit is issued, or if such construction is substantially abandoned for one hundred eighty (180) days as evidenced by a lack of inspectiOns and/or other per- tinent conditions such sign shall be immediately removed, upon notification, by the owner or lessee of the premises. (3) Said signs shall be located on the premises being devel- oped and shall be located in accordance with the require- ments 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 Manager and building department. The owner shall have the sign made at the owner's expense but according to the specifications of the city. Said signs shall be placed by the respon- sible governmental body at the expense of the owner and when sign is in public right-of-way it Shall be placed on opposite corners from street signs. A limit of six (6) signs on one (1) pole shall be permitted at each street intersection. (2) Special event, recreational or exposition directional signs of a temporary nature, which are of general benefit to the community and which are individually approved by the City Commission, may be permitted. Said signs shall be located at specified points for the convenience of the traveling public. (3) Parking area signs may be erected at each point of ingress and egress to a parking lot or parking area, and such signs shall not exceed six (6) square feet in area nor extend to a greater height than five (5) feet above the ground, and shall be erected within the parking area. Only one such sign shall be allowed at each point of ingress and egress, provided such signs do not create a traffic or pedestrian hazard. (4) Street signs. A subdivision name sign may be placed on a city street post by city personnel provided it is requested through the public works department and paid for by the party requesting said sign. This sign shall be identical to the street sign as to color, size and shape. (§) Directional signs (snipe sign) of a temporary nature may be erected to guide traffic to building models at inter- sections in the public right-of-way, not to exceed three (3) square feet each face, nor more than three (3) feet above grade of right-of-way. Said sign shall be approved by building official or his designated agent. Not more than six (6) such signs will be allowed for any one deve- lopment. These signs shall be placed at the building department's discretion and in all cases shall be placed as close as possible to the development from the main thoroughfare. (6) A residential subdivision or residential development of twenty-five {25) units or more, not fronting on a major or 16 i Sec. 21-18. Rigid construction required. Every sign shall be constructed in such a manner as to withstand a wind pressure of fifty {50} pounds per square foot. Sign contractors or the owner(s) shall submit plans showing location, structural mem- bers and design calculations for wind loading and for signs over forty {40) square feet, a certificate sealed by a Florida registered engineer or architect stating that the design will meet the require- ments of this Code shall be submitted. All sign contractors shall sign a certificate stating wind loading will meet requirements of this chapter where signs under forty {40} square feet are submitted. {Code 1958, § 24-15; Ord. No. 79-15, § 1, 5-16-79) Sec. 21-19. Reinspection of all signs. The building official shall inspect, or cause to be inspected, all signs located within the city as needed for compliance if in his opinion such inspection may be required, and upon such inspection, shall require the owner 34 of any sign found to be defective, neglected or in unkept condition, or which does not comply with the terms, conditions, and provisions of this chapter, to be repaired or removed within thirty {30} days from the date of written notice of such defects; provided, however, that if said building official shall ascertain and determine that the maintenance or use of such sign shall adversely affect the public safety, he may require the immediate remo- Val at owner's expense or prohibit the use of said sign until such defects shall have been remedied. {Code 1958, § 24-16; Ord. No. 79-15, § 1, 5-16-79) Sec. 21-20. Misleading advertising. It shall be unlawful for a person to display false or misleading statements upon signs, or other public places, calculated to mislead the public as to anything sold, any services to be performed, or information disseminated. The fact that any such sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in reading same, shall be prima facie evidence of a violation of this section by the person displaying such sign, per- mitting same to be displayed, or permitting such display at their residence, establishment or place of business. {Code 1958, § 24-17; Ord. No. 79-15, § 1, 5-16-79) Sec. 21-21. Obsolete signs to be removed. When a business or service using any sign or signs is discon- tinued, all signs and sign structures relating to this business or services shall be removed or electricity turned off within thirty {30} days from the date of discontinuance and, if not removed, site will be subject to Code Enforcement action. {Code 1958, § 24-17; Ord. No. 79-15, § 1, 5-16-79} Sec. 21-22. Nonconforming signs. (a) A sign or advertising structure existing within the city limits on the date of the adoption of this Ordinance, or a sign or advertising structure existing in an area annexed to the City after the date of the adoption of this Ordinance, which, by its height, square foot area, location, use or structural support does not conform to the requirements of this chapter, shall hereafter be termed nonconforming. Such must be removed within three {3) years. (b) All "off-premises" signs are hereby made nonconforming and shall be removed after the date of the adoption of this ordi- nance, except those'designated in this chapter. {c) All signs which do not meat fifty {50} pounds per square foot wind loading are hereby declared dangerous non-conforming signs and shall be removed or made to conform to the require- ments of this chapter within thirty {30} days after notifica- tion by the building department. (d) Should such owner or lessee refuse to remove or make such sign or signs conforming, the city shall have them removed and expenses incurred shall be billed to the property in the form of a tax lien. 18 Sec. 21-23. Hazardous signs and materials. (al No sign shall be constructed or erected in such a manner that it will become a hazard to a~tomotive or pedestrian traffic nor shall any sign or lighting of such sign be so placed as to obstruct the vision of the driver of any motor vehicle where such vision is necessary for safety. (b) No sign shall be placed, constructed or erected in such a manner as to obstruct or block any exit from any building nor shall any sign be so placed as to interfere with light or vent- ilation to any building or structure. (c) Where any wood or any sign penetrates the ground or is attached in any way to masonry or concrete, said wood shall be of an approved pressure-treated type. (d) All materials used in constructing signs shall be of a type to resist weather exposure. (el Any plastic materials used in signs shall be approved by the Underwriters Laboratory and shall bear its label. Electrical components shall be in accordance with the city's electrical code and U.L. approved. (Code 1958, § 24-19; Ord. No. 79-15, § 1, 55-16-79) Sec. 21-24. Procedure on violations. (al If the building official shall find that any of the provisions of this chapter are being violated, he shall give written notice to the owner of record of the property where such violation occurs to have such sign or signs made to conform or be removed within thirty {30) days from receipt of this notice. In the event that such signs are not removed or made to comply, after notification, the city may cause such removal to be made and charge all expenses to the property owner. Should said property owner still fail to pay expenses incurred by the city, such expenses shall then be applied to the pro- perty in the form of a tax lien. (b) In the case of extremely hazardous signs, the building depart- ment shall have authority to immediately remove or cause to be removed such signs without the thirty {30} day notification normally required. {Code 1958, § 24-20; Ord. No. 79-15, § 1, 5-16-79) Sec. 21-25. Temporary political signs, advertising. Temporary political signs may be posted on private property within the city during the sixty (60) day period preceeding 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. (Code 1958, § 24-23; Ord. No. 79-15, § 1, 5-16-79) SEC. 21-26. Variances from requirements. (al Recognizing that the strict application of the requirements of this chapter may work an undue hardship on certain applicants, variances from the strict application of the provisions of this chapter, except with respect to necessary approval by the Building Official, may be granted by the City Commission; however, no variance shall be granted by the City Commission which has the effect of permitting a sign or sign structure expressly prohibited by Section 21-14. (b) Each application for a variance under this section shall be in writing and shall state the reasons for the request for a variance. The application shall be signed by the applicant and the sign company, if any, responsible for the sign for 19 which the variance is being sought. The application shall be accompanied by a filing fee as set forth in Section 5-4. (3) Each application for a variance of the provisions of this chapter shall first be reviewed by the Building Official, who shall review the application and make a recommendation to the City Manager. The City Manager should review the Building Official's report and recommendations and forward the City Manager's recommendation regarding disposition of the applica- tion to the City Commission. (4) Within 30 days of the receipt of the recommendation of the City. Manager the City Commission shall consider the applica- tion for the variance. The City Commission may grant the variance, with conditions, or deny the application. Any applicant aggrieved by a decision of the City Commission may appeal as provided by the Florida Rules of Appellate Procedure. Sec. 21-24. Hazardous signs and materials. (a) No sign shall be constructed or erected in such a manner that it will become a hazard to automotive or pedestrian traffic nor shall any sign or lighting of such sign be so placed as to obstruct the vision of the driver of any motor vehicle where such vision is necessary for safety. (b) No sign shall be placed, constructed or erected in such a manner as to obstruct or block any exit from any building nor shall any sign be so placed as to interfere with light or ven- tilation to any building or structure. (c) Where any wood or any sign penetrates the ground or is attached in any way to masonry or concrete, said wood shall be of an approved pressure-treated type. (d) All materials used in coRstructing signs shall be of a type to resist weather exposure. (e) Any plastic materials used in signs shall be approved by the Underwriters Laboratory and shall bear its label. Electrical components shall be in accordance with the city's electrical code and U.L. approved. (Code 1958, § 24-19; Ord. No. 79-15 § 1, 55-16-79) ' Sec. 21-25. Procedure on violations. (a) If the building official shall find that any of the provisions of this chapter are being violated, he shall give written notice to the owner of record of the property where such violation occurs to have such sign or signs made to conform or be removed within thirty (30) days from receipt of this notice. In the event that such signs are not removed or made to comply, after notification, the city may cause such removal to be made and charge all expenses to the property owner. Should said property owner still fail to pay expenses incurred by the city, such expenses shall then be applied to the pro- perty in the form of a tax lien. (b) In the case of extremely hazardous signs, the building depart- ment shall have authority to immediately remove or cause to be removed such signs without the thirty (30) day notification normally required. (Code 1958, § 24-20; Ord. No. 79-15, § 1 5-16-79) ' Sec. 21-26. Temporary political signs, advertising. Temporary political signs may be posted on private property within the city during the sixty (60) day period preceeding 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. 2O Political circulars and handbills may be distributed within the city during the above sixty (60) day period. (Code 1958, § 24-22; Ord. No. 79-15, § 1, 5-16-79) SEC. 21-27. Variances from requirements. (1) Recognizing that the strict application of the requirements of this chapter may work an undue hardship on certain applicants, varian- ces from the strict application of the provisions of this chapter, except with respect to necessary approval by the Building Official, may be granted by the City Commission; however, no variance shall be granted by the City Commission which has the effect of permitting a sign or sign structure expressly prohibited by Section 21-14. (2) Each application for a variance under this section shall be in writing and shall state the reasons for the request fora variance, The application shall be signed by the applicant and the sign company, if any, responsible for the sign for which the variance is being sought. The application shall be accompanied by a filing fee as set forth in Section 5-4. (3) Each application for a variance of the provisions of this chapter shall f.irst be reviewed by the Building Official, who shall review the application and make a recommendation to the City Manager. The City Manager should review the Building Official's report and recommendations and forward the City Manager's recommendation regarding disposition of the application to the City Commission. (4) Within 30 days of the receipt of the recommendation of the City Manager the City Commission shall consider the application for the variance. The City Commission may grant the variance, with con- ditions, or deny the application. Any applicant aggrieved by a deci- sion of the City Commission may appeal as provided by the Florida Rules of Appellate Procedure. 21 minor arterial street as defined in Appendix C of the Code of Ordinances, may be per~itted one sign, with a maximum of two (2) faces and thirty-two (32) 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 ser- ves the residential subdivision or residential develop- ment. Special signs shall be approved by the city council after a recommendation by the planning and zoning board, 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) Directory sign. A directory consisting of signs each having an area of one hundred eighty (180) square inches per sign may be attached to a free-standing sign; said directory signs must indicate the organization or business endeavor in the par- ticular commercial or industrial district. (e) Painted window sign. Each main use and each accessory use in commercial or industrial zoning district except for shopping centers may also have one painted sign on windows provided it does not exceed thirty-five (35) percent of the glass area being used and is in accordance with this chapter. (f) Entrance sign. A sign placed on the face of an entrance wall to a subdivision designating said subdivision. Said sign and wall must be approved by the planning and zoning board and city council. (g) Safety and warning signs. Any sign may be erected which is ordered or authorized by a government body. "No trespassing", "no dumping", and similar signs may be erected when approved by the building department and shall not exceed to a height of more than five (5) feet from the ground and such sign shall not exceed one hundred forty-four (144) square inches. (Code 1958, § 24-12; Ord. No. 79-15, § 1, 5-16-79; Ord. No. 83-27, 51, 9-20-83) (h) One American Flag per lot, building or use can be displayed along with one other national, state, municipal and church flag if they meet required regulations promulagated by appropriate agencies. Additional flags can be displayed on a site if such locations are located under approved site plans. (i) Banners. Will be allowed only for special occasions and only with City Commission approval. (j) Painted wall signs, except wall signs not exceeding square footage that would be allowed on site if not a wall sign. (k) Roof top signs as defined. (1) One customary plaque is allowed per occupancy, not to exceed two (2) square feet affixed to the building at, on or near the front entrance. Sec. 21-16. Reserved, Editor's Note--Ord. No. 82-22, § 2, enacted July 20, 1982, repealed Section 21-16, prohibiting the distribution of circulars, throwaways and handbills. Said section was derived from Code 1958, 24-13, and Ord. No. 79-15, § 1, adopted May 16, 1979. Sec. 21-17. Minimum clearance height. A sign projecting over areas where vehicular traffic may be required to pass through or beneath shall be erected to maintain a minimum clearance distance of fourteen and one-half {14~) feet for the free passage of such vehicles. {Code 1958, § 24-14- Ord. No. 79-15 51, 5-16-79) ' , 17