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