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O71-42~ ODIN~CE OF THE CITY OF BOSTON BEA~{, FLORIDA, PROVIDING FOR T~E PUBLIC SAFETY AND GEN~L WESFAP~ OF SAID CITY; I~EC4JLAT~NG ~ LIMITING I~E EREC~ZON~ USE AND F~INTENANCE OP SIGN~ POSTEP~ ~dLLETINS AND ALL O~5{ER ~ ~NALTIES P~PF~LING IN( WITHIN PROVIDING ORDINANCE; PARTS OF ORDINANCES D_ND P0~ OTHER PU~SES WHEREAS, the City Council of the City of Boynton B~ach, Florida, aft~ar due consideration believes that inthe b~st interests of the health, safety and puDtic welfaz~ of the citizens of Boynton Beach, the erect/on and mainte~nce of-signs within the City of Boynton Ben, ch should be reasonably resisted, and k~EREAS, the City of Boynton Beach has beene a center of education, culture ar~ beauty, and in the intez~sts of the proper preservation, promotion and deve~aent of these ~tters, aesthetics is a factor properly to be considered. NOW, THEP~EFORE, BE IT ORDAINED BY THE CITY C(YdNCIL OF THE CITY OF BOI~NTON BEACH, FLORIDA: Sect~ion 1. That C~pter 25 of the Code of O~din- ances of the City of Bop~nton Beach, Flomida, to~ther ~-ith any portions of the cumrent edition of the Southern Standard Build- ing Code which conflict with the pr~)%~isions ~ereof, are hereby ~epealod and declared nu~ll a~ void and of no effect, and that the C~e of O~dinances of the City of Boston Beach, Florida~ be amended by adopting in their place and stud, the fol~ing: Section 24-1. Short ~tle. Trane short foz~l by which this chapter shah be kno~a ~3-1 be ~3ne Boynton ~ech Sign Oz~linance? Sect..ipn 24-2. Put .ppse. It st~ll be the purpose of this chapter to the aesthetics, safety, health, ~rals and genel~al wetfa~2e and the assu~nee of protection of adec~Aate light and ~ir within said city by t~lation of the ~sting, displayimg, eremtion, use and n%~intenance of Section 24-5. Definitions. Certain wo~ds and terms in this chapter are defined for the purpose thereof as follows: (a) Advertising Structure. A Sign structure erected o~ intended for advertising purposes~ with or without advertise- ment display thereon,~ situated upon or attached to real property~ upon which any post, r, bill, printing, painting, or device, is fastened, affi×ed, or displayed, provided, however, said term shall not include building. (b) Banner. A sign having the characters, letters, illustrations: or ornamentations applied to cloth, paper or fabric of any kind with oruly such material for a backing. Banner shall include any animated and/or flutterin~ devices designed to attract attention. (c) Building Si~n. p~emises undergoing construction, A sign erected and maintained on by the architect, cont-~aetor, subcontractor, financial institution and/or materialman upon which property such person is furnishing labor, material or services. (i) Combustible Sign. Any sign or sign structure which will ignite or support flames and which has a low flame point. P~ime examples combustible signs would be wood, non U. L. approved plastics, cloths, etc. City. Unless the context clearly discloses a the word ~'City~' shall mean the City of Boynton (d) contrary intent, Beach, Florida. (e) (1) Directional Sign. On p~emise 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. (5) A sign~ notice or symbol as to the time and place of regu!ar civic meetings and r~ligious activities and services. (f) Double Faced Sign. A sign with two faces which are usually but not necessarily parallel. (g) ElectricaI Sign. A sign or sign stz~cture in which integral electric wiring, connections and/or fixtures are used as part of the sign proper. (h) 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. (i) Fixed protection sign. A sign, other than a flat sign, which extends outward for more than six inches from the facade of any building and is ri~dly affixed thereto. (j) Flat Sign. A sign erected parallel to and ex- tending not more than twelve inches from the facade of any build- ing to which it is attached and supported throughout its entire length by the facade of the building and not extending above the building. (k) Free-Standing Sign. A sign which is supported by one o~ mo~ col%lens, uprights cz~ braces in or upon the g~ound. No pole sign shall exceed thirty (50) feet in height. (1) Inspector. A city employee working as an in- spector under the authority and direction of the City Building Official. (m) Off Premise Sign. A sign, including building signs, advertising an establishment, merchandise, service, or entertainment, which is sold, produced: manufactured, and/or furnished at a place other than the property on which said sign is located. (n) On Premise Sign. A sign which ca~ries only ad- vertising strictly incidental to the lawful use of the premise on which it is located, including signs or sign devices indicat- ing the business transacted~ services rendered, good~ sold or produced on the premises, name of t~he business, name of the person, firm or corporation occupying the premises. (o) Painted Wall Sign. A sign painted on any outside wall or roo~ or on 9'lass of any building. (p) Parapet. A false front or wall extension above the roof line. (q) Perimeter. The whole outer, boundary of any ~-~tructure designated as a sign. (r) Person. Shall include an individual, partner- ship, association, corporation or any combination thereof. (s) Political Sign. A sign erected by a political candidate, group or agent thereof for political purposes. (t) Premises. The real property which is involved by the sign or signs mentioned in this chapter. (u) .Public Right of WheY. That land owned by the City, 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. (v) 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. (w) Real Property. The portion of land and/or buildings contained in a legal description setting forth the boundaries of such property and legally acknowledged under the laws of the State of Florida and Palm Beach County. (x) Recreational Facility. Any building or struc- ture designated for recreational purposes such as games, sports, etc., and including any adjacent property included for such use. (y) Roof Sign_. h 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. (z) Shopping Center. A group of retail stores or service establishments or any other business, planned to serve a community, neighborhood, or other population group not necessarily owned by one party nor by a single land ownership, which are adjacent to and which utilize a common parking area or common parking areas. (aa) Sidewalk or Sandwich Sign. A movable sign not secured or attached to the ground. (bb) Sign. A device or representation for visual communication that is used for the purpose of ~ect thereof to the attention of others. - 4- (aa) 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 composed 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 o~ lines of advertising matter. (dd) Sign. Face. The part of the sign that is or can be used for advertising purpose. (ce) Sign Contractor. Person, firm or corporation licensed to erect any type sign structure regardless of size and complexity, but shall not be allowed to install any electrical work in connection therewith. (See definition herein). (ff) Sign Stl~cture. Any structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole and may or may not be an in- tegral part of a building. (gg) Snipe Sign. A sign of a temporary nature which is mounted to trees, poles~ fences, stakes, or other objects, and which advertizes or displays matter not applicable to the present use of the premises on which the sign is located. (hh) Swinging Projecting Sign. A sign projecting from the outside wall or walls of any building which is supported by only one rigid support, irrespective of the number of guy wires used in connection therewith. (ii) Vehicular Sign. A sign or sign structure attached or affixed in any marcher in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers: excluding, however, signs which are painted upon or magnetically affixed to a vehicle which is regularly used as such in the normal course of the business advertised or which may be ~equired by law, and further excluding such signs attached or affixed to public tz~anspo=tation vehicles fo~ business advez~t-~sing purposes when such vehicles belong to a duly ]~censed public t=ans po~tat-ion company. Section 24-4. Permits Required. It shall be unlawful fo~ any person to post, display, change or erect a sign or a sign struc~are within the City with- out first having obtained apeI~ait therefor, in accordance with this ordinance, provided however, that those signs erected prior · to the enactment o~ this ordinance 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 this section unless a valid permit for same was issued and in effect at the time of erection. Signs or sign structures previously erected without a valid peimlt shall be termed in violation and it shall be mandatory to obtain a permit, based on this ordinance, or else remove such sign or sign structure. Uouble frontage and corner locations for busi- ness and shopping denters are permitted to utilize both streets as may be designated below. The following signs shall not require peztnits: (a) Real Estate signs conforming to the requirements set forth in Section 24-11 A. (t)~ 24-11 B. (1), and 94-11 C. (1)~ which do not exceed eight (8) 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 ~e 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 or 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 loeat£on aee~ptable to the Building Official shall be used. (d) The square foot area per sign or sign structure. (e) The name(s) and address of the owner or other person in control or possess/on of the real property upon which said sign or sign structures is to be located. (f) ~ether such person has consented to the con- struction operation, maintenance, posting or display/ng of such sign or sign structure. (g) A sketch, blueprint, blue line print, or similar presentation showing all pertinent structural details, wind pressure requirements, and materials to be used in accordance with the requirements of this ordinance. The seal of a Florida regis- tered engineer or architect shall be affixed to drawings of signs or sign structures which have an area exceeding thirty-two (52) square feet certifying that such signs are designed to withstand fifty (50) pound wind leading; except that all roof signs shall bear such seal, if, in the opinion of the Building Department, they constitute s hazard due to excessive wind and/or structural loading. (h) Name of sign contractor. Section 24-6 Permits - Fees It shall be unlawful for any person to post, display o~ erect within the City a sign o~ sign structure of more than eight (8) square feet in area without first having paid a permit fee unto the City at the office of the Building 0ffieiat, as follows: (a) When the value of construction does not exceed $100.00, the fee shall be $5.00. (b) ~en the value of construction exceeds $100.00: but does not exceed $500.00, the fee shall be $10.00~ (c) When the value of construction exceeds $500.00, but does not exceed $1,000.00, the fee shall be $20.00. (d) When the value of~ construction exceeds $1~000.00 the fee shall be $20.00 for the first $1,000.00 plus $5.00 for each additional $1,000.00 or fraction thereof. (e) A double fee shall be paid for ar~y sign e~ected or started to be ez~cted without a permit. (f) ~here shall be no permit required for "directional signs~ or ~real estate signs~? if such signs do not exceed eight (8) square feet in area, providing such signs shall meet all re- quirements of this ordinance as to wind loadings materials, set- backs and zoning requirements. For electric signs, such additional fees as may be specifiedtherefor 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 accomodate short term publicity features. Section 24-7. Permits - Issuance. 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 o~dinance, the Building Official shall issue a permit for such sign or advertising structures retaining a copy thereof fop his records. Permits shall be numbered and shall disclose: (a) The type of sign as defined in this chapter. (b) The street address of the property upon which said sign is proposed to be located and the proposed location of the sign on said property. In the absence Of a street address, a method of location acceptable to the Building Official shall be used. (c) the structure. The name of the sign contractor who shall erect The amount of the fee paid for such pez~it. (e) The date of issuance. Section 24-8. Bond or Public Liability Insurance Required. It shall be unlawful for any person to engage in the business of signs or outdoor advertising, or in the business of e~ecting or maintaining signs within the City, unless and until such person shall have filed with the Building Department a bor~ o~ certificate of public liability and p~ope~ty damage insu~anc~ policy acceptable to the City, executed by a company autho~2~.~ r 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 thousar~ dollars ($25~ 000.00) for damage to property. Section 24-9. Occupational License ReGuired. A person shall not engage in the business of erecting, painting, wiring or maintaining signs within the City without first having procured an occupational license for such business. 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 Painter. Person licensed to paint signs who may in addition erect ground signs that do not exceed thirty-tx~o (5!) square feet in area. ~ · (b) -Sign Contractor. Person licensed to erect any type sign structure, but who shall not be allowed to install any electrical work therewith. (c) Sign Master Electrician. Person licensed to perform internal electrical work within signs. Such work shall be as set forth in the Electrical Cede of the City of ~oynton Beach, Florida. (d) Notwithstanding any of the above classifications, nothir~3 herein contained in this section shall Be construed to prevent an owner or lessee of property from constructing and erecting a non-illuminated sign or sign struetuz~ not exceeding thirty-two (52) square feet in area on said property advertising the main use and one accessory use of said premises. Such work shall be e~ected in a professional manner, and further, shall complu with al/ other sections of this chapter. P~ohibited. From and after the effective date of this o~dinanee, it shall be unlawful for any person to erect, place or use within the City: A. Swinging p~ojecting signs. B. Off-premises signs, except those signs erected by a charitable organizer/on which do not exceed 10 square feet which must be approved by Building Department. C. Snipe signs. D. Sidewalk and sandw/ch signs. E. Temporary political signs. Signs which involve motion or ~otation of any part of the structure or display~ except horizontal or substan- tially horizontal rotation of 560° and not exceeding 8 rpm. The motation element of such signs shall clear nine (9) feet f~om g~ound level (minimum). Where vehiculam t~affic is affected, such clearance shall be increased to fourteen and one hat~ (14~) feet. Signs containing intelF~ittent om flashing lights om ardmation with the exception of a t/me and/or temperatume unit which is pamt of a sign pe~nitted in business om industrial ameas. G. Signs placed on the side om meat of a building and primamily used for identification pumposes, when such build- ing is contig,aous to residential property~ shall not exceed seventy-two (72) squame feet in a~ea. Such signs may be placed above doorways. H. Cimculars~ thmowaways~ handbills and vehiculam signs as set fomth under Section 24-5 (ii). This prohibition howevem shall not be construed to prevent the dist-r~bution on a megulam weekly, bi-weekly om monthly basis of unsolicited adver- tising and/om news dissemination by a business duly licensed with- in the City to engage in such distribution and/or dissemination. I o Electrical signs of a con~nereial nature in R-l, R-iA and R-1AA Distmicts except that in a sub-division develop- ment, wheme models ame being demonstrated, an illuminated sign, meeting the otheT requirements of this ordinance: may be used provided no illumination is shown between the bourns of 9 p.m. and 7 a.m. the following day. J. Any other type om kind of signs which do not comply with the tex~as~ conditions, and p~.ovisions contained in this ordinance. 10 - Section 24-11. Signs Permitted and Regulated. A. Residential - R-1 th~a R-1AA. lA A real estate sign shall not be permitted on a plot except fo~ those erected by the owner or his agent. Such real e~tate signs shall not exceed three (5) square feet in area 8nd must be well kept and in good ~epair. 2. On plots containing permitted non-residential st-r~ctures or uses, such as a church or school~ a flat sign or free standing sign not exceeding twenty (20) square feet in a~ea will be permitted p~ovided it is no closer than ten (10) feet to the proper~y line. Such sign may be illuminated p~ovided abutting residences are shielded f~om the course of light. Such sign may advertise the main use of the premises only. 5. One removable sign of not over six (6) square feet in aggregate area with the word OPEN may be used when attached to the existing real estate sign~ or where a real estate sign is not installed on the property~ one removable sign o£ not over twelve (12) square feet in aggregate area with the wo~d OPEN or the words OPEN FOR INSPECTION may be used only when the owner or owner's agent is on the premises. A permit or pez~it £ees shall not be necessary for such removable sign. 4o One name plate sign not exceeding three (5) square feet: of a non-co~e~eial nature, bea~ing the name and/or street adultness of the principal occupant. B. R-2 and R-2A Dist'~icts. 1, Real eState signs as set forth in Section 24-11 A. 2. One flat sign or one free-standing sign advertis- ing the main use and no= exceeding thirty-two (52) square feet in area may be placed on the premises° The f~ee-standing sign may be placed in the ~equired f~ont yard but such sign shall not extend closer than ten (10) feet to the public ~ight-of-way line and shall not exceed twelve (12) feet in overall height from the g~ound and shall not exceed twelve (12) feet in width. C. R-5 and R-DA Districts. 1. Real estate signs as set fomth, in Sec. 24-11 A.1. 2. The main use and one accessory use of the p~emises may be advertised on one flat or free-standing sign whose aggregate a=~a sh~ll no~ e~eed ten(10) percent of the building face area of the wall which abuts on the main street. - 11 - D. Commercial (C-1 and C-2 Districts) 1. Shopping centems only. Shopping eentems shall be permitted a main use sign as set forth under Section 24-l]D-3A, Each unit of a shopping center shall be allowed one flat sign not to exceed 10%o of such unit front face area and window letter- lng not to exceed 5% of such unit f~ont face area. 2. One non-illuminated real estate sign advertising FOR SALE, FOR RENT, or FOR LEASE, may be placed on the premises and shall not exceed thirty-two (52) square feet in area. 5. For those signs whose faces are generally perpendicular to the street centertine 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 square foot of advertising area for each lineal foot of main st-~eet frontage of the lot provided that no such sign sh~ll exceed one hundred si-xty (160) square feet per sign face with a maximum of t~No faces. Corner locations which f~ont on two main streets shall be allowed one extra free standing sign whose face ag~-~e- gate area shall not exceed one hundred (100) square feet pro- vided such lot shall have a minimum of two hundred (200) feet frontage on each main street. Lots or parcels which have less than two hundred (200) feet on either street shall be permitted only one such sign, No sign shall be higher than thirty (50) feet f-z~m the q~ound nor protrude past the street right-of-way, b. One roof sign advertising the main use of the pz~mis~s as herein set forth: (1) All roof signs shall be so constructed as to leave a clear space of not less than (5) feet between the roof level and the lowest part of the sign and no portion of any roof sign structure shall p~ojec'~ beyond an exterior wall. An exterior parapet wall may be integrally constructed as a part of the parapet to become an advertising structure. (2) Every roof sign shall be constructed entirely of steel construction~ including the upright supports and braces, except that M, L, approved plastic faces may be used. (D) The beaming plates of ~11 ~oof ~igns shall - 12 - distribute the load directly to or upon masonry walls, steel roof girders, columns or beams. The building shall be designed to avoid overstress of these members. (4) All roof signs shall be designed by a duly registered Florida Architect or Engineer and the plans and spec~ ifieations for such sign shall bear his seal, except that signs under ttuirty-two (32) square feet in area may be approved without a seal at the discretion of the Building Department provided wind loading caleulations are shown. (5) The supporting members of a roof sign shall appear to be free of any extra bracing~ angle iron, guy wires, cables, etc. The supports shall appear to be an architectural and integra! part of the building~ Supporting columns of round, square or shaped steel members may be erected as supports. No roof sign shall exceed 120 square feet in area. c. One fixed projecting sign which advertises the use or uses of the premises provided that the support for same shall not extend more than three (3) feet beyond the wall nor shall it extend above the parapet of any building, The maximtum area of such sign shall be thirty (30) square feet. d. Two painted wail or flat signs on the opposite side of the building, advertising singly or via combination, the use or uses a~d the 'total of each sigh a~ea shaI1 not e×ceed: ore. hundred (100) square feet in the aggregate of all uses, or singly in the case of a single use. 4. For those signs whose faces are generally parallel to the street centerline, only one (1) of the folio%ring is permitted. a. b. d. h free-standing sign as described in 2.a. above. A roof sign as described in 2.b. above. A fixed projecting sign as described in 2.c.above. One flat sign or painted all sign advertising the main occupation or business use shall be allowed provided that the total aggregate area of such sign or signs shall not exceed fifteen (15) percent of the building face area of the wall which abuts the main street. Signs painted on glass shall be - 13 - included in the aggregate area. In the case of two main business st~eets~ a sign as described above shall be allowed on each street~ p~ovided such lot shall have at least two hundred (200) feet in each main st~eeto E. Industrial Districts 1. One ~eal estate sign advertising FOR SALE~ FOR RENT or POR LEASE may be e~ected p~ovided such sign does not exceed thirty-two (52) square feet in area. 2. One flat sign o~ painted wall sign advertising the main occupation om business use shall be allowed p~ovided that the total aggregate ar~a of such sign or signs shall not exceed twenty (20) percent of the building face amea of the wall which abuts the main street. Signs painted On glass shall be included in the aggregate area. In the case of two main business streets, a sign as described above shall be allowed on each street, provided the lot has two hundred (200) feet on each such main street. O~ one fixed pmojecting sign advertising the main use and one fixed projecting sign pe~ acdessory use advertising said aecessg~y use shall be permitted. The oute~ edge of the fixed p~ojecting sign and/o~ the support for same shall not extend more than three (5) feet beyond the wall of any building nom shall it extend above the parapet. The area per sign shall not exceed forty (40) square feet. 3. One free-standing sign advertising the main use of the premises as described in Section 24-11 D.2.a. o~ one ~oof sign as described in Section 24-11 D.2.b. Identification signs shall be permitted on the rear wall of business establishments p~ovided they are limited to ten (10) square feet and provided that the rear of the p~operty is not conti~uous to Residential zoning districts. F. Civic and Church Signs. The City Counoil may e~ect ox. appz~ove and pel~nit to be e~ected~ entrance signs at or near the City limits for the benefit of visitors~ on which may be listed institutional names, churches and points of interest. Civic o~c~ar~zation-~ may be pex~aitted to place thei~ insignias thereon. 14- Section 24-12. Special Signs. ~. 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 araa~ 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 24-6 C. and shall be limited to the time development is completed, term- inated or abandoned. B. Building Signs. One non-illuminated building sign may be permitted to be erected on the premises or attached to a tool house on the premises subject to the following conditions: 1. Such signs shall not exceed thirty-two square feet per sign. 2. Such sign or signs shall not be erected more than fifteen (15) days prior to actually commencing construction and must be removed when building or project is completed; provided, however~ if such sign be erected as permitted thereunder and construction is not commenced within thirty (50) days after permit is issued, or if such construction is substantially abandoned for ninety (90) days as evidence by a lack of inspec- tions and/or other pertinent conditions, such sign shall be immediately removed, upon notification, by the owner or lessee of the premises. 5. 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 ordinance relating to the specific zoned areas. C. Directional Signs 1. General directional signs limited to six per civic organization, church, or recz,ea~ional facility~ and limited to one hundred forty-four (144) square inches per sign and located a~ street intersections or other locations for the convenience of the t-raveling public, may be permitted, in City - 15 - right-of-way when approved by the Public Works Department~ Police Department and Building Department. The owner shall have the sign made at the ownerts expense but according to the spec- ifications of the City. Said signs shall be placed by the sponsible 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. ~ limit of six signs on one pole shall be permitted at each street intersection. 2. Special event, recreational or exposition directional signs of a temporary nature, which are of general benefit to the community and which are approved by the City Council, may be permitted. Said signs shall be located at specified points ~°~_.~he convenience of the t-~aveling public, and shall be limited to four square feet per sign. 3. Parking area signs may be erected at each point of ingress and egress to a parking lot or perking area, and su~h signs shall not exceed four (4) square feet in area nor extend to a 9~eater height than five (5) feet above the g~ound, and shall be erected within the parking area. Only one such sign shall be allowed at each point of ingress and egress~ provided such signs do not create a traffic or pedestrian hazard. 4. Street signs. A subdivision name sign may be placed on a City street post by City personnel provided it is requested through the Public Works Department and paid for by the party requesting said sign. This sign shall be identie&l to.the street sign as to color, size and shape. D. Directoz~ sign. A directory consisting of signs each having an area of seventy-two (72) square inches (4" x 18~) per sign and may be attached to a free-standing signs said directory signs must indicate the organization or business en- deavor in the particular commercial or industrial district. Such signs shall be included in the aggregate area for free-standing signs. E. Painted Window Sign. Each main use and each accessory use in commercial or industrial zoning district except - 16 - for shopping centers may also have one painted sign on windows provided it does not exceed twenty percent (20%) of the glass area being used and is in accordance with this ordinance. F. Entrance Sign. A sign placed on the face of an entrance wall to a su~5/vision designating said subdivision. Said sign and wall must be approved by the Planning and Zoning Board and City Council. Go Safety and Warning Signs. Any sign may be erected which is ordered or authorized by a government body. '~No trepassing~, ~No dumping~ and similar signs may be erected when approved by the Building Department shall not exceed to a height of more than five (5) feet from the ground and such sign shall not exceed (144) one hundred forty-four square inches. Section 24-15. 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. ~is prohibition~ however, shall not be construed to prevent ~e distribution on a regular weekly, bi-weekly or monthly basis of unsolicited advertising and/or news dissemination by a business duly licensed within the City to engage in such distribution and/or dissemination. Section 24-14. Clearance Height. A sign projecting over areas where vehicular traffic may be required to pass through or beneath shall be erected to maintain a minimum clearance distance of fourteen and one-half (!4~) feet for the free passage of such vehio!es. Section 24-15. Rigid Construct~2on. Every sign shall be constructed in such a manner as to withstand a wind p~essure 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 thirty-two (52) square feet or over, a certificate sealed by a Florida registered Erzjineer or Architect stating that the design will meet the requirements of this code shall be submitted. All sign contractors shall sign a certificate - 17 - stating wind loading will meet requirements of this ordinance where signs under thirty-two (52) square feet are sulm~ittsd. Section 24-16. Re-inspection of Ail Signs. The Building Official shall inspect, or cause to be inspected, all signs located within the City as needed for com- pliance if in his opinion, such inspection 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 comply with the terms, conditions, and provisions of this chapter, to be repaired or removed within thirty (30) days from the date of written notice of such defect; p~ovided, however, that if said Building Official shall ascertain and determine that the maintenance or use of such sign shall adversely affect the public safety, he may require the immediate removal at ownerts 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 sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in read- ing 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, establishment or place of business. 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. Section 24-18. Non-conforming Signs. A. A sign or advertising st~uctn~re existing within the City limits on the effective date of t/~is ordinance or a sign or advertising structure existing in an area annexed to the City after the effective date of this ordinar~e, which, by its height, square foot area, location, use ob structural support does hot conform to the requirements of this chapter shall hereafter be termed non-conforming. B. ~ll ~'off-premises" signs are hereby made non- conforming and shall be remeved within t~elve (12) months after the effective date of passage of this ordinance. Except those designated in this ordinance. 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 con,ors to the requirements of this ordinance within thirty (30) days after notification by the Building Department. All other non-conforming signs shall be made to conform to the requirements of this ordin- ance within a period of ten (10) years or else such signs shall be removed at the ownerfs or lesseefs expense. D. Should such owner or lessee refuse to remove or make such sign or signs conforming, the City shall have them re- moved 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 con- tains a sign or signs which do not conform to the provisions of this ordinance shall have such sign or signs made to conform or be removed as a provision of the annexation by the City. Section 24-19. Hazardous Signs and Materials. A. No sign constructed of combustible material shall be attached to any structure or building if such sign has enough area to require a permit. Combustible signs up to fifty (50) square feet in area shall be at least twenty (20) feet from any building or s~'~uc ture. Combustible signs from fifty.one (51) square feet up to one hundred (100) square feet in area shall be at least forty (4.0) feet from any building or structure. Combustible signs from one hundred one (101) square feet up to one hundred sixty (160) square feet in area shall be at least eighty (80) feet from any building or structure. No combustible sign st-~ucture shall be permitted having electrical wiring as an integral part of such sign. - 19 - B. 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 motoD vehicle where such vision is necessary for safety. C. No sign shall be placed, constructed or erected in such a manner as to obstruct or block any exit from any build- ing nor shall any sign be so placed as to interfere with light or ventilation to any building or structure. D. 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. Ail materials used in constructing signs shall be of a type to resist weather exposure. Any plastic materials used in signs shall be approved by the Underwriters Laboratory and shall bear their label. Elec- trical components shall be in accordance with the Boynton Beach Electrical Code and U. L. approved. Section 24-90. Procedure on Violations. A. If the Building Official shall find that any of the provisions of this ordinance are being violated, he shall give written notice to the owner of record of the property %~here 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 ease 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 nomma!ty required. Section 24-21. Interpretation of Applications for Permits. In all applications for permits where a matter of interpretation arises, the most rigid definition shall prevail. - 20 - Second January, A.D.~ 197.~ Section 24-22. Penalties. A person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined in an amount not exceeding five hundred dollars(S500.00) or be imprisoned in the City Jail for a period not exceeding ninety (90) days or be both ~o find and im- prisoned. Each day such violation is con, girted or pezmitted to eontinue~ shall constitute a separate offense and shall be punish- able as such hereunder. Section 24-23. Separability. If any section~ subsection, sentence, clause, or portion of this chapter is for any reason held invalid or uncon- stitutiorml by any court of competent jumisdiction, such portion shall be deemed a separate distinct and independent provision and such holding sha~_l not affect the validity of the remaining portions hereof. Ail chapters or parts of chapters in conflict here- with are hereby repealed. Section 24-24. Authority to Codify. Specific authority is hereby g~anted to codify and incorporate this ordinance in the City's existing Code. Section 24-25. Effective Date. This ordinance shall become effective in the manner and at the time provided in the cha~ter and ordinances of the City of Boynton Beach, Florida. First meadin~this 22_day of December~ A,D.~ 1971. final reading and passage this 3 day of TTEST. (CORP. SEAL) CITY, 9F_~OYNTON BEn. CH, PLORIDA Mayor \j