O79-15ORDINANCE NO. 79- /~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODIFIED ORDINANCES OF
THE CITY OF BOYNTON BEACH (SIGN ORDINANCE) BY
PROVIDING ADDITIONAL DEFINITIONS; REVISING PERMIT
REQUIREMENTS AND FEES; REVISING OCCUPATIONAL LICENSE
CATEGORIES; REVISING SIGN PROHIBITIONS AND ZONING
DISTRICT REGULATIONS; PROVIDING FOR DIRECTIONAL SIGNS;
REVISING SIGN CONSTRUCTION REQUIREMENTS; REVISING
HAZARDOUS SIGN REQUIREMENTS; PROVIDING FOR TEMPORARY
POLITICAL SIGNS; PROVIDING A REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING AN E'FFECTIVE
DATE; AND FOR. OTHER PURPOSES.
NOW~ THEREFORE, BE IT ~Z~9 BY THE CITY COUNCIL OF THE CITY OF
BOYNTON B~ACH, FLORIDA, AS F6L[OW§:
Section 1. That the Sign Ordinance of the City of Boynton Beach,
Florida, Chapter~4of the Codified Ordinances of the said City, be amended
to read as follows:
.CHAPTER 24
SIGNS
.Section 24-1
The short form bywhichthis Chapter shall be known shall be '"The Boynton
Beach Sign Ordinance."
Section 24-2
It shall be the purpose of this Chapter to promote the aesthetics, safety,
health, morals and general welfare and the assurance of protection of adequate light
and air within said City by regulation of the posting, displaying, erection, use and
maintenance of signs.
Section 24-3 Definitions
Certain words and terms in this Chapter are defined for the purpose thereof as
follows:
(a) Advertising structure. A sign structure erected or intended for adver-
tising purposes, with or without advertisement display thereon, situated upon or
attached to real property, upon which any poster, bill, printing, painting, or device,
is fastened, affixed, or displayed, provided, however, said tem shall not include
building.
(b)
sign face.
Area. Sign area shall be that part of a sign within the perimeter of the
(c) Banner. A sign having the cha.racters, letters, illustrations, or ornamen-
tations applied to cloth, paper or fabric of any kind with only such material for a
backing. Banner shall include any animated and/or fluttering devices designed to
attract attention.
(d) Ter~porarybuilding sign. ~ sign erectedandmaintainedon premises under-
going construction by the architect, contractor, subcontractor, financial institution
and/or materialman upon which property such person is furnishing labor, material
or services.
(e) City. Unless the context clearly discloses a contrary intent, the word
"City" shall mean the City of Boynton Beach~ Florida.
(f) Combustible sign. Any sign or sign structure which will ignite or support
flames andwhich has a low flame point. Prime examples of combustible signs wouldbe
wood, non U.L. approved plastics, cloths, etc.
(g) 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't/me and place of regular civic
meetings and religious activities and services.
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(h) Double faced sign. A sign with two faces which are parallel and back
to back with no more than thirty-six (36) inches between faces.
(i) Electrical sign. A sign or sign structure in which integral electric
wiring, connections and/or fixtures are used as part of the sign proper.
(j) Facade. That portion of any exterior elevation of a building extending
from grade to the top of the parapet' wall or eaves and the entire width of the
building elevation.
(k) Fixed projection sign. A sign, other than a flat sign, which extends
outward for more than six (6) inches from the facade of any building and is rigidly
affixed thereto.
(1) 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.
(m) Free-standing sign. A sign which is supported by one or more columns,
uprights or braces in or upon the ground.
(n) Inspector. A City e~p~loyee working as an inspector under the authority
and direction of the City Building Official.
(o) Mall. An open or covered passageway or concourse providing access to a
row of stores.
(p) Off premise sign. A sign, including building signs, advertising an
establishment, merchandise, service, or entertainment, which is sold, produced, manufac-
tured, and/or furnished at a place other than the property on which said sign is located.
(q) On premise sign. A sign which carries only advertising strictly incidental
to the lawful use of the premise on which it is located, including signs or sign devices
indicating the business transacted, services rendered, goods sold or produced on the
premises name of the business, name of the person, firm or corporation occupying the
premises.
(r) Painted wall sign. A sign painted on any outside wall or mansard roof or
on glass of any building.
(s) Parapet. A false front or wall extension above the roof line-
(t) Perimeter. The whole outer boundary of the sign; not including the
supporting structural members.
(u) Person. Shall include an individual, partnership, association, corporation
or any combination thereof.
(v) Political sign. A sign erected by a political candidate, group or agent
thereof for political purposes.
(w) Premises. The real property which is involved by the sign or signs mention~
ed in this Chapter.
(x) 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.
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(y) 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.
(z) Real property. The portion of land and/or buildings contained in a legal
description setting forth the boundaries of such property and .legally acknc~ledged
under the laws of the State of Florida and Palm Beach County.
(aa) Recreations] facility. Any building or structure designated for recrea-
tional purposes such as gamss, sports, etc., and including adjacent property included
for such use.
(bb) Roof sign. A sign erected upon or above a roof or parapet wall of a
building. Such signs shall not exceed a height of fifteen (15) feet above the roof
or parapet.
(cc) Shopping center. A group (2 or.more) of retail stores or service estab-
lishments or any other business, planned to serve a conm~nity, neighborhood, or other
population group not necessarily owned by one (1) party nor by a single land ownership,
which are adjacent to and which utilize a conmon parking area or con,on parking areas.
(dd) Sidewalk or san~k~ich sign. A movable sign not secured or attached to the
ground.
(ee) Sign. A device or representation for visual communication that is used
for the purpose of bringing the subject thereof to the attention of others.
(ff) Sign, area of. The square foot area enclosed by the perimeter of the sign
sections with each face contributing to the aggregate area, provided, however, that
concerning painted wall signs or flat .signs, when co ~mposed of letters only (whether
script or printed letters), sign area is the sum of the areas of the smallest contiguous
rectangles containing a continuous line or lines of advertising matter.
(gg) Sign face. The part of the sign that is or can be used for advertising
purpose.
(hh) Sign contractor - electrical. 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. Such contractor
may connect to an existing sign circuit and may contract for, and secure permits for
the erection of signs.
(ii) Sign contractor - non electrical. 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.
(jj) Snipe sign. A sign of a temporary nature which is mounted to trees, poles,
fences, stakes, or other objects, and which advertises or displays matter not applicable
to the present use of the premises on which the sign. is located.
(kk) S%~inging projecting sign. A sign projecting from the outside wall or walls
of any building %~ich is supported by only one rigid support, irrespective of the
number of guy wires used in connection therewith.
(11) 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 tk~on or magnetically affixed
to a vehicle which is regularly used as such in the normal course of the business
advertised or which may be rec~ ired by law, and furtiner exclucting such signs attached
or affixed to public transportation vehicles for business advertising purposes when
such vehicles belong to a duly licensed public transportation company.
Section 24-4 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 therefor, in
accordance with this Chapter, prOvided however, that those signs erected prior to the
eD~ctment of this Chapter shall be allowed to remain in accordance with the time
limitation and structure requirements set forth herein. No sign or sign structure,
previously so 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
structure previously erected without a valid permit shall be te~med in violation and
it shall be mandatory to obtain a permit, based on this Chapter, or else remove such
sign or sign structure. Double frontage and corner locations for business and
shopping centers are permitted to utilize both streets as may be designated below.
The following signs shall not rec~ire permits:
(a)
Real estate signs conforming to the requirements set forth in Section 24-11
(A) (1) (3) 24-11 (B) (1), and 24-11 (C) (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.
Section 24-5 Permit, Applications
All applications for sign or sign structure permits required in Section 24-4 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 accept-
able 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)
Whether such person has consented to the construction operation, maintenance,
posting or displaying of such sign and sign structure.
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 forty (40) sqp~_are
feet, certifying that such signs are designed to withstand fifty (50)
pound wind loading; except that all roof signs shall bear such seal, if,
in the opinion of the Building Department, they constitute a hazard due to
excessive wind and/or structural loading. In any case, such sign shall
show calculations for wind loading, by the designer.
(h) Nam~ of sign. contractor.
Section 24-6 Permits - Fees
It shall be unlawful for any person to post, display or erect within the City
a sign and/or sign structure without first b~ving paid a permit fee unto the City
at the office of the Building Official (other than those signs mentioned in Paragraph
(c) below) as follows:
(a) See Building Code Fee Schedule - Chapter 5
(b)
A double fee shall be paid for any sign erected or started to be erected
without a permit.
(c) See Section 24-4 (a) (b)
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.
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 acoormTodate short term publicity
features.
Section 24-7 Permits - Issuance
(1) 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 ordinance, 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 sb~ll disclose:
(a) The type of sign as defined in this Chapter.
(b)
The street address of the property upon which said sign is proposed tobe
locatedand 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.
(2)
All signs shall have permit numbers painted on or applied to sign and
shall be visible from ground level.
(3)
"Permits may be issued subject to either of the following
conditions"
(a)
Every permit issued shall become null and void unless the
work authorized by such permit is commenced within ninety
(90) days after it's issuance, or if the work authorized by
such permit is suspended or abandoned for a period of ninety
(90) days after the time the work is commenced.
(b)
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 effect historical data of the
governmental agency for construction of similar structures
within the limits of the agency. 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.
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 proposed work conforms with
all the requirements, ordinances, rules and regulations effective
at the time of such renewal.
In every case, a courtesy notice should be given by the Building
Official to the permit holder advising that said permit is null and
void.
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Section 24-8 Bond or Public Liability Insurance required.
It shall be unlawful for any person to engage in the business of making or
fabricating signs or outdoor advertising, or in the business of erecting or maintaining
signs within the City, unless and until such person shall have filed with the Building
Department a bond or certificate of public liability and property damage insurance
policy acceptable to the City, executed by a company authorized to do business in the
State of Florida, in a sum not less than one hundred thousand dollars ($100,000.00)
for injury to one person, not less than three hundred thousand dollars ($300,000.00)
for injury to more than one person, and twenty-five thousand dollars ($25,000.00) for
damage to property.
Section 24-9 OccUPational License required.
A person shall not engage in the business of erecting, painting, wiring or main-
taining signs within the City without first having procured an occupational license for
such business. Such person shall meet the occupational requirements set forth herein.
Further, applicants 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 erection of
signs or sign structures.
(b)
Sign contractor - non electrical. Those who are qualified and licensed to
install, repair, add to, paint or change non electrical signs according to
the Building Code, and wh~ may secure permits for the erection of signs
or sign structures.
(c)
Notwithstanding either of the above classifications, nothing herein contain-
ed in this Section shall be construed to prevent an owner or lessee of
property from constructing and erecting a non illuminated sign or sign
structure not exceeding forty (40) 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 professional manner, and further, shall comply with
all other S~ctions of this Chapter.
Section 24-10 Certain Signs or Sign Structures prohibited.
From and after the effective date of this Chapter it shall be unlawful
person to erect, place or use within the City:
for any
(a) Swinging projecting signs
(b) Off premises signs, except those signs permitted under Section 24-12 (c)
(c) Snipe signs
(d) Sidewalk and sandwich signs
(e) Banners
(f)
(g)
(h)
(±)
Signs which involve motion or rotation of any part of the structure or display,
except horizontal or substantially horizontal rotation of 360° and not
exceeding eight (8) ~rpm. The rotation element of such signs shall clear nine
(9) feet from ground level (minimt~). Where vehicular traffic is affected,
such clearance shall be increased to fourteen and one half (14½) feet. Signs
contain/rig 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.
All con~rcial advertising matter, including but not limited to, circulars,
throwaways,, handbills, cards and vehicular signs as described in Section 24-3
(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 under Section 15-1 or 15-2 of this Code.
Electrical signs of a commercial nature in R1, R1A, R1AA, R1AAB, and R1AAA
Districts except that in a subdivision development, where models are being
demonstrated, an illuminated sign, meeting the other requirements of this
Ordinance, may be used provided no illumination is shown between the hours of
9:00 P.Mo and 7:00 A.M. the following day.
Any other type or kind of signs which do not con, ply with the terms, conditions,
and provisions contained in this Chapter.
Section 24-11 Signs permitted and regulated
(A) Residential.- R1, R1A, R1AA, R1AAB and R1AAA Districts.
(1)
A real estate sign shall not be permitted on a plot except for those
erected by the owner or his agent. Such real estate signs shall not
exceed three (3) square feet in area and must be well kept and in good
repair.
(2)
(3)
On .plots containing permitted non-residential structures or uses, such
as~ a church or school, a flat sign or free-standing sign not exceeding
twenty (20) square feet in area will be permitted provided it is no
closer than ten (10) feet to the property line. Such sign may be illumin-
ated provided abutting residences are shielded from the course of light.
Such sign may advertise the main use of 'the premises only.
One removable sign or not over one (1) square foot in aggregate area with
the word OPEN or OPEN FOR INSPECTION may be used when attached to the
existing real estate sign. A permit or permit fee shall not be necessary
for such removable sign.
(B)
(c)
(D)
(4)
One name plate sign not exceeding three (3) square feet, of a non
conm~rcial nature, bearing the name and/or street address of the
principal occupant.
R-2 Districts
(1) Real estate signs as set forth in Section 24-11 (A).
R-3 Districts
(1) Real estate signs as set forth in Section 24-11 (A)
(2)
The mainuse and one accessory use of the premises maybe advertised
on the flat or free-standing sign whose aggregate area shall not exceed
ten percent (10%) of the building face area of the wall which abuts on
the main street, but in no instance shall the sign exceed seventy-five
(75) square feet.
(3)
A condominiumofmore than forty (40) total units may erectentrance
signs on each side of the main entrance to the condominium parking area.
Such sign shall not exceed thirty (30) square feet each and must not be
within twenty-five (25) feet of the center of the intersection of the
main street.
Con~uercial (C-i, C-2, C-3 and C-4 Districts) Other th2~n shopping centers
(1)
One non-illuminated 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)
For those signs whose faces are generally perpendicular to the street
centerline, only one of the following is permitted:
(a)
One (1) free-standing sign advertising the use of the premises.
Such sign shall be predicated on the basis of one (1) square foot
of advertising area for each lineal foot of main street frontage of
the lot provided that no such sign shall exceed eighty (80) squ~_are
feet. No sign shall be higker than thirty (30) feet from the
ground nor protrude into the street right-of-way.
(b)
One roof sign advertising the main use of the premises as herein
set forth:
(1)
All roof signs shall be so constructed as to leave a clear
space of not less than five (5) feet between the roof level
and the lowest part of the signand no portion of any roof
sign structure shall project beyond an exterior wall. An
exterior parapet wallmay be integrally constructed as a part
of the parapet to become an advertising structure.
(2)
Every roof sign shall be constructed entirelyof steel construc-
tion, including the upright supports and braces, except that
U.L. approved plastic faces may be used.
(3)
The bearing plates on all roof signs shall distribute the load
directly to or upon masonrywalls, steel roof girders, columns
orbeams. The building shall be designed to avoid over stress
of these members.
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(c)
(d)
(3)
(4)
(4)
A~i roof signs shall be designed by a duly registered Florida architect
or engineer and the plans and specifications for such sign shall bear
his seal.
(5)
The supporting members of a roof sign shall appear to be .~free of any
extra bracing, angle iron, guy wires, cables, etc. The ~upports shall
appear to be an architectural and integral part of the building.
Supporting colt~ns of round, square or shaped steel members may be
erected as supports. No roof sign shall exceed sixty (60) square feet
in area and shall be based on one square foot per lineal foot of building
face.
One fixed projecting sign which advertises the use or uses of the premises
provided tb~t 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.
In addition to the above, two (2) painted wall or flat signs on the opposite
side of the building, advertising the use and shall not exceed twenty-five
(25) square feet each side and be limited to one line of advertising.
For those signs whose faces are generally parallel to the street centerline,
one (1) of the following is permitted, in lieu of the above:
(a) A free standing sign as described in 2 (a) above.
(b) A roof sign as described in 2 (b) above.
(c) A fixed projecting sign as described in 2 (c) above.
In addition to signs in Section 24-11 (D) (2) (3), one flat sign or painted
wall sign advertising the business use shall be allowed provided that the
area of such sign shall not exceed ten (10) percent of the building face
area of the wall which abuts the main street. Signs painted on glass shall
be included in the aggregate area.
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(E)
Commercial (Shopping Centers)
(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 PJ1NT,
or FOR LEASE, may be placed on the premises and sb~ll not exceed sixteen
(16) square feet in area.
(3)
One free-standing sign advertising the use of the premises. Such sign
shall be predicated on the basis of one (1) 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 faces. Corner locations which front on
two main streets shall be allowed one extra free-standing sign that shall
~e~ no-- higher than thirty (30) feet from the ground nor protrude into
the street right-of-way.
(4)
In addition to the above, two painted wall or flat signs on the opposite
side of the building, advertising (singly or via combination) the use
(or uses and the total of each sign area) shall not exceed fifty (50)
square feet in the aggregate of all uses.
(5)
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 sub-section shall not exceed ten (10) percent
or thirty (30) square feet whichever is less of the store front that
faces the main thoroughfare.
(6)
In addition to signs in Section 24-11 (E) (1) through (5), a painted
or flat sign shall be allowed on the front of each individual occupancy
not to exceed ten percent (10%) 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.
(7)
Where a mall is present, each store shall be permitted one (1) sign
not to exceed four (4) square feet. Such signs shall be placed in front
of each store under the mall and shall have nine (9) feet clearance above
the walkway inm~diately below.
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(~)
Industrial Districts (M-i)
(1)
One (1) non-illuminated real estate sign advertising FOR SAT.F., FOR
RENT, or FOR I.V. ASE, may be placed on the premises and shall not
exceed sixteen (16) square feet in area.
(2)
One free-standing sign advertising the main use of the premises as
described in Section 2'4-11 (D) (2) (a), or one (1) roof sign as
described in Section 24-11 (D) (2) (b), and one flat or wall sign as
described in Section 24-11 (D) (2) (d) and 24L.11(D) (4).
(3)
Identification signs shall be permitted on the rear wall of business
establishn~nts provided they are limited to ten (10) square feet and
provided that the rear of the property is buffered, when contiguous to
residential zoning districts.
(G) Civic and Church Signs
The City Council 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.
Sec. 24-12 Special Signs
(a)
Subdivision signs. Areas under development including shopping centers,
cooperative apartments, condominiums, and 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 in area. 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 24-5 and shall be limited
to the time development is completed, terminated or abandoned.
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(b)
Building 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)
(2)
Such signs shall not exceed thirty-two (32) square feet per sign.
Such sign or signs shall not be erected more than fifteen (15) days
prior to actually conm~_ncing construction-and must be removed when
building or project is completed; provided, however, if such sign
is .~ erected as permitted thereunder and construction is not convinced
within thirty (30) days after permit is issued, or if such construc-
tion is substantially abandoned for ninety (90) days as evidenced
by a lack of inspections and/or other pertinent conditions such sign
shall be iamediately removed, upon notification, by the owner or
lessee of the premises.
(3)
Said signs shall be located on the premises being developed and shall
be located in accordance with the requirements contained in the Section
of this Chapter relating to the specific zoned 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 responsible 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 pole shall be permitted at each street intersection.
(2)
(3)
(4)
(5)
Special event, recreational or exposition directional signs of a temporary
nature, which are of general benefit to the community and which are
approved by the City Council, may be permitted. Said signs shall be
located at specified points for the convenience of the traveling public.
Parking area signs may be erected at each point of ingress and eqress to
a parking lot or parking area, and such signs shall not exceed f6ur
(4) 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.
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 of a temporary nature may be erected to guide
traffic to building models at intersections in the public right-of-way,
not to exceed one hundred forty-four (144) square inches each face, nor
be more than three (3) feet above grade of right-of-way. Said sign
shall be approved by Building Official or his designated agent.
Not to exceed six (6) sUch signs for any one development. These signs
shall be placed at the Building Departments discretion and in all
cases shall be placed as close as possible to development from the
main thoroughfare.
14
(d).
Directory sign. A directory consisting of signs each having an area of
one hundred eighty (180) square inches per sign and may be attached to a
free-standing sign; said directory signs must indicate the organization
or business endeavor in the particular co~nercial or industrial district.
(e)
Painted window sign. Each main use and each accesso~T use in conn~rcial
or industrial zoning district except for shopping centers may also have
one painted sign on windows provided it does not exceed twenty per cent
(20%) 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 sig~s. 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.
Section 24-13 Circulars, throwaways and handbills; distribution prohibited.
It shall be unlawful for .any person to distribute circulars, throwaways or
handbills, or other similar forms of advertising within the City limits. This
prohibition, however, shall not be ~onstrued to prevent the distribution on
a regular weekly, biweekly or monthly basis of unsolicited advertising and/or
dissemination.
Section 24-14 Clearance Height
A sign projecting over areas where vehicular traffic maybe required to pass
through or beneath shall be erected to maintain a minimumclearance distance
of fourteen and one half (14½) feet for the free passage of such vehicles.
Section 24-15 Rigid Const~ction
Every sign shall be ~onstructed 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 members 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 willmeet the requirements 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.
Section 24-16 Reinspection of all signs
The Building Official shall inspect, or cause to be inspected, all siqns located
withinthe City as needed for compliance if in his opinion, such ins~ction
may be required, and upon such inspection, shall require the owner of any sign
found to be defective, neglected, or in unkept condition, or which does not
cont01y 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, hc~ever, 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 in~ediate reaoval at owner's expense or
prohibit the use of said sign until such defects shall have been remedied.
Section 24-17 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 signor 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, permitting
same to be displayed, or permitting such display at their residence, establish-
ment or place of business.
15
When a business or service using any sign or signs is discontinued, all signs and
sign structures relating to this business or services shall be removed within
ten (10) days from the date of discontinuance.
Sec. 24-18 Nonconforming signs '
(a)
A sign or advertising structure existing within the City limits on the
effective date of this Chapter or a sign or advertising structure
existing in an area annexed to the City after the effective date of this
Chapter, 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.
(b)
All "off-premises" signs are hereby made nonconforming and shall be
removed after the effective date of passage of this Chapter, Except
those designated in this Chapter.
(c)
All signs which do not meet 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 requirements of this Chapter within thirty (30)
days after notification by the Building Deparhi-~ent.
(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.
(e)
Any property annexed by the City and which contains a sign or signs which
do not conform to the provisions of this Chapter shall have such sign
or signs made to conform or be removed as a provision of the annexation by
the City.
Sec. 24-19 Hazardous signs and materials.
(a)
(b)
(c)
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.
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 ventilation to any building or structure.
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.
All materials used in constructing signs shall be of a type to resist weather
exposure.
16
k_ny plastic materials used in signs shall be approved by the Underwriters
Laboratory and shall bear this label. Electrical components shall be in
accordance with the Boynton Beach Electrical Code and U.L. approved.
Sec. 24-20 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 property in the form of a tax lien.
(b)
In the case of extremely hazardous signs, the Building Department shall
have authority to immediately remove or cause to be removed such signs
without the thirty (30) day notification normally required.
1-3-72
Sec. 24-21 Interpretation of applications for permits
In all applications for permits where a matter of interpretation arises, the
most rigid definition shall prevail.
Sec. 24-22 Penalties
A person violating any of the provisions of this Chapter shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding
five hundred dollars ($500.00) or be imprisoned in the city jail for a period not
exceeding ninety (90) days orbe both so fined and imprisoned. Each day such violation
is committed or permitted to continue, shall constitute a separate offense and shall
be punishable as such hereunder.
Sec. 24-23
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 Municipal 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 with~n~ days after the date of the election. No fee shall be
required in connection with the posting of teaporarypolitical signs. Political
circulars and handbills may be distributedwithin the City during the above sixty
(60) dayperiod.
Section 2. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 3. That should any section or provision of this Ordinance,
or any portion thereof, be declared by a Court of competent jurisdiction
to be inValid, such decision shall not effect the remainder of this Ordinance.
Section 4. This Ordinance shall become effective immediately upon
its passage.
FIRST READING this /~ day of ~ , 1979.
SECOND, FINAL READING and PASSAGEth~s I~ day of ;~ , 1979.
CITY OF BOYNTON~ACH, FLORIDA
~fayor ~
~' Vi~S~M~yor~. ~
Council Member
ATTEST:
City Clerk (Q~p~ Seal)
~'~ Counci 1 Member
...... Co fin c~q6m be r-