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O70-12 ORDINANCE NO. 70-12 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING l~OR THE PUBLIC SAFETY AND GENERAL WELFARE OF SAID CITY; REGULATIN~@ AND LIMITING THE ERECTION, USE AND MAINTENANCE OF SIGNS, POSTERS, BULLETINS AND ALL OTHER TYPES AND KINDS OF ADVERTISING STRUCTURES WITHIN SAID CITY; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE PAYMENT OF FEES THEREFOR; PROVIDING FURTHER FOR REPEALING PROVISION, SAVINGS CLAUSE, AUTHORITY TO CODIFY, PROTECTIVE PROVISIONS FOR. EXISTING SIGNS, EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the City Cnuncil of the City of Boynton Beach, Florida after due consideration beli~w~s that in the best interests of the health, safety and public welfare of the citizens of Boynton Beach, the: erection and maintenance of signs and billboards, within the City of Boynlon Beach should be reasonably regulated, and WHEREAS, the City of Boynton Beach has become a center of education, culture and beauty, and in the interests of the proper preservation promotion and development of these matters, aesthetics is a factor properly to be considered, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That Chapter 24 of lhe Code of Ordinances of the City of Boynton Beach, Florida, together with any portions of the current edition of the Soulhern Standard Building Code which conflict with the provisions hereof, are hereby repealed and declared null and void and of no effect, and that the C~de of Ordinances of the City of Boynton Beach, Florida, be amende by adopting in their place and stead, the following: Sec. 24-1. Shorl Title. The shorl form by which this chapter shall be known shall be "The Boynton Beach Sign Ordinance" Sec. 24-2. Purpose. It shall be lhe purpose of this chapter to promole ihe aesthetics, safety, health, morals and general welfare and the assurance of protection of adequate light and ai~_? within said city by regulalion of the posting, displaying, erection, use and maintenance of signs. Sec. 24-3. Definilions. Certain words and terms in this chapter are defined for the purpo thereof as follows: (a) Advertising structure. A sign structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property, upon which any poster, bill, painting or device, is fastened, affixed, or displayed, provided, however, sat 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 only such material for a backing. Banner shall include any animated, rotating, and/or fluttering devices designated to attract attention. (c) Billboards. A sign structure, including building, for any sign advertising an establishment, merchandise, service, or entertainment, is sold, produced, manufactured, and/or furnished at a place other than on the property on which said sign is located. (d) City. Unless the context clearly discloses a contrary intent, the word "City" shall mean the City of t~oynton Beach, Florida. (e) Directional Sign. (1) A sign permanently erected or permitted by the City, Palm Beach County, State of Florida, or the United States gover~_~aent to denote the name of any thoroughfare, the route to any city, town, village, educational institution, public building, historic place, shrine or hospital, to direct and regulate traffic, to denote any railroad crossing, bridge, ferry, or other trans- portation or transmission company for the direction or safety of t he public. (2) A sign, notice, or symbol for the information of the Feder. Aviation Agency as to locations, directions, landings, and conditions, affecting safety in aviation. (3) A sign, notice, or symbol as to the time and place of regular civic meetings and religious activities and services. (4) A sign erected or mainiained upon private property giving the name of the owner, lessee, or occupant of the premises and/ or the street address of the premises. -2- (f) Double faced sign. A sign with two faces which are usually, but not necessarily parallel. (g) Electrical sign. A sign or sign structure in which electric wiring, connections, and/or fixtures are used as part of the sign proper. (h) Facade. The entire building front including main street wall face and parapet. (i) Fixed p. rqjecting sign. A sign, other than a parallel sign, which extends outward for more than six inches from the facade of any building and is rigidly affixed thereto. (j) Flat sign. A sign erected parallel to and extending not more than twelve 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 exie.nding above the building. (k) Ground si. gn. A sign supported by uprights or braces permanently placed on or in the ground and wholly independent of any building for support. (1) ..Inspector. Shall include any City employee working under the authority and direction of the City Building Official. (m) Main street wall face. The front wall surface excluding parapet. (n) Painted wall sign. A sign painted on any outside wall or roof or on glass of any building. (o) Parapet. A false front or wall extension above the roof line. (p) Perimeter. The contour of the face of the sign. (q) Person. Shall include individuals, partnerships, associations and corporations. (r) Point of purchase sign. A sign on the premises displayed for the purpose of advertising a product and/or service actually or actively for sale on or within the premises. (s) Pole sign. A sign erected upon a pole or poles and which is wholly independent of any bul~lding for support. A free standing sign. (t) Premises. The real property (as a unit) which is involved by the sign or signs mentioned in this chapter. --3- (u) Re.a..1 e.s. tate sign. A temporary sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, for lease or for sale. (v) Real property~ Land or land and buildings. (w) Recreational facility. (1) Public property provided for the use and enjoyment of the ~ general public for recreation. (2) Private facilities provided parking spaces for one hundred or more motor vehicles and an active sport is participated in by -- the patrons or is an active sport watched by the patrons of the said facility. (x) Roof sign. A sign erected over or on, and dependent upon, the roof of any building for support. (y) Shopping center. A group of retail stores, service establish- .... ments, or any other business planned to serve a community or neighborhood, not necessarily owned by one party nor by a single land ownership, which are adjacent to and utilizing a common parking area or common parking areas. ~-~ (z) Sidewalk or sandwich sign. A moveable sign not secured by or attached to the ground in any area of the City. -~ (aa) Sign. A device or representation for visual communication that is used for the purpose oflbringing the subject thereof to the attention of others. i ~ (bb) _Sign,. area of. The square foot area enclosed by the perimei of the sign 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 each capable of containing one -~ such letter. (cc) Si~ace. The part of the sign that is or can be used for advertising purposes. ~.~ (dd) .Snipe~,~ A sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, -4- stakes, Or fences, or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located. (ee) ...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. (ff) .Te.mporar. y building sign. A sign jointly erected and main- tained on premises undergoing contruction, by an architect, contractor, sub- contractor, and/or material man upon which property such individual is furnishing labor or material; also, a sign erected on premises by the owner, or his agent, to advertise the premises for rent, for sale, or for lease. (gg) Vehicle removable sign~. A sign temporarily affixed to a transportation vehicle, inside or outside, for the purpose of business advertising; however, not to include signs affixed to vehicles for id, purposes as required by licensing ordinances of the City. Sec. 24-4. Permits Required. It shall be unlawful for any person to post, display, change or erect a sign or sign structure in the City ~ithout having first obtained a permi or permits therefor provided, however, that those signs erected prior to the 3rd day of October, 1970, rests with the beneficiary. In the absence of such proof the affected:.si~n shall be removed. Double frontage and corner loca for business and shopping centers are permitted to utilize both streets as~ may be delineated below. The following signs shall not require permits: (a) Real estate signs conforming to the requirements set forth in Sections 24-13 A-l, 24-12 B-I, 24-12 C-1. (b) Signs erected by a government agency carried for information concerning its service at the locations. Sec. 24-5. Permits - Applications. All applications for sign or sign structure permits required in Section 24-4 shall be filed by the 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 value of the sign or sign structure. -5- (c) The street address of the property upon which said sign or sign structure is to be located and the proposed location of said sign or sign structure on said property. In the absence of a street address a method of location acceptable to the Building Official shall be used. (d) The square foot area per sign face and the aggregate square foot area of the sign or 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 or sign structure is to be located. (f) Written consent of the owner, or his agent, granting permission for the construction, operation, maintenance, or displaying of such sign or sign structure. (g) A sketch, blueprint, blue line print or similar presentatio~ drawn to scale, showing all pertinent structural details, compliar~ '~e with wind pressure requirements, and display materials in accordance with the requirement of the Sbuthern Building Code. The seal of a Florida registered Engineer shall be affixed to any sketch, bluep~inl, blue line print or similar presentation drawn to scale, for any sign exceeding thirty-two (32) square feet and said engineer shall certify to the Cit~ that said sign has been constructed in accordance with said sketch, blueprint, blue line print or similar presentation drawn to scale. All signs requiring a Florida registered engineer's seal shall have twenty-five (25%) percent open area per sign or shall have readily removable panels for the protection of the public during storm periods. (h) Name of Contractor. Sec. 24-6. l~ermits - Fees. It shall be unlawful for any person to post, display or erect within the City a sign or sign structure of three square feet or more in area without first having paid a permit fee unto the City at the offiee of the Building Official as follows: --6-- (a) Wh~n the cost of construction does ~not exceed $100.00, the fee shall be $3.00. (b) When the cost of construction exceeds $100.00, but does not exceed $500.00, the fee shall be $5.00 (c) When the cost of construction exceeds $500.00, but does not exceed $1,000.00, the fee shall be $10.00. (d) When the cost of construction exceeds $1,000.00, the fee shall be $10.00 for the first $1,000.00, plus $3.00 for each additional $1,000.00 or fraction thereof. (e) A double fee shall be paid for any sign erected without a permit. (f) There shall be no permit required for "banners", "directional signs", "real estate signs", and "point of purchase sJ if such signs do not exceed ten (10) square feet in area nor shall there be a permit for "painted wall signs", "temporary signs" or "temporary political signs" 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 accomodate short term publicity features. If more than one side of a sign or advertising structure is used, or intended to be used for advertising, a fee for each side shall be required and paid. Sec. 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 or ordinance, the Building Official shall issue a permit for such sign or advertising structu: retaining a copy thereof for his records. Permits shall be numbered in the order of their issuance and shall disclose: (a) The type of sign as defined in this chapter. (b) The street address of the p~operty upon which said sign -7- 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 sign inspector shall be used. (c) The amount of the fee paid for such permit. (d) The date of issuance. (e) In the case of a temporary sign, the date of termination of permit. Sec. 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 erecting or maintaing signs within the City, unless and until such person shall have filed with the City Clerk a bond or certificate of public liability and property damage insurance policy executed by a company authorized to do business in the State of Florida, in a sum not less than one hundred thousand ($100,000.00) dollars for injury to more than one person, and twenty-five thousand ($25., 000 dollars for damage to property. Sec. 24-9. Occupational License required. A person shall not engage in the business of erecting or main- tai~i-~g signs within the city without having first procured a license fur such business in accordance with the requirements of the City's Occupational License Ordinance now in force and effect, or as hereafter amended or supplemented. Sec. 24-10. Labels required on signs, etc. With each permit, the Building Official shall issue a label or marker bearing the same number as the permit with which it is issued.~ It shall be the duty of the permitee or his agent, to affix such label or marker to the sign or advertising structure in the lower right hand one square foot area and so it can be easily seen. The absence of a proper label marker on a sign or advertising structure shall be prima facie evidence that the same has been, or is being erected or operated in violation of the provisions of this chapter. 'Sec. 24-11. Certain sig~sor sign structures prohibited. From and after the effective date of this ordinance, it shall be unlawful for any' person to erect, place or use within the City: -8-- (a) A swinging projecting sign. (b) A snipe sign. (c) A sidewalk or sandwich sign. (d) A banner sign except for two flag banners per mod~]~ home or model apartment' if' open ~for inspection and except the flying of the national, state and city flags and service and civic clubs and organization signs and banners during day of meeting. Flag banners for model homes or model apartments shall be limited to an area of fifteen (15) square feet per flag. (e) Billboards. (f) Sign which involves motion or rotation of any part of the structure or display or a sign containing intermittent lights or animation except a time and temperature unit which is a part of a sign permitted in business and commercial districts. (g) An advertising sign placed on the side or rear of any building or property facing on a contiguous residential area shall not exceed seventy-two (72) square inches nor six (6') feet in height from ground level. (h) Roof sign except an aviation directional sign and except a solid structure type width shall be a wertical extension of an outer wall with all faces to be opaque and fully enclosed from the roof top to the sign top. The top of sign shall not exceed twelve feet about the belt course and the sign shall not exceed an aggreggte area of ninety-six, square feet. (i) A vehicle removable sign. (j) Electrical signs in RI-AA and iR-1 Districts. (k) Any other type or kind of signs which do not comply with the terms, conditions, and provisions contained in this chapter and ordinances amendatory thereof, and supplemental thereto. Sec. 24-12. Signs permitted and regulated. A. Residential. (1) All residential districts. A real estate sign shall not be -9- permitted on a plot except for those erected by the owner's agent, and shall be limited to one non-illuminated real estate sign of not over three square feet. The agent's engagement must be in writing, signed by the owner, and filed in the office of the t~uildin~ Official prior to the erection of the agent's sign. (2) RI-AA, R-IA and R-1 Districts. (a) One non-illuminated real estate sign as mentioned under Section 24-12 (A-I). (b) On plots containing permitted non-residential structures or uses, other than accessory, one non-illuminated flat sign, not exceeding twenty (20) square feet in area and no closer than ten (10) feet to the public right-of-way line, advertising the main use of the premises may be utilized, except that in the case of a structure being used as a church, an illuminated sign meeting the above, requirements is permitted if such sign is so shielded that the source of light is not visible from any abutting residence, and in any event, such sign shall not be illuminated beyond the hour of 9 o'clock P. 1V~. (c) One temporary 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 temporary removable sign of not over eighteen (18) square feet in aggregate area with the word "OPEN" or the words "OPEN FOR INSPECTION" may b. used only when the owner or owner's agent is on the premises. A permit for permit fee shall not be necessary for such temporarl removable sign. (d) One non-illuminating name plate sign not exceeding three (3) square feet per sign face and six (6) square feet in aggregate area situate on the premises and bearing only the name of the principal occupant and/or the street number of a private dwelling (3) R-2 Districts (All types). -10- (a) One non-illuminated real estate sign as mentioned under Sec. 24-12 (A-I). (b) One flat sign or one ground sign advertising the main use and not exceeding thirty-six (36) square feet in area per sign face with an aggregate area of seventy-two (72) square feet may be placed on the premises. The ground sign may be placed in the required front yard but such sign shall not exceed closer than ten (10) feet to the public right-of-way line and shall not exceed twelve (12) feet in overall height from the ground and shall not exceed twelve (12) feet in width. (4) R-3 Distriets (All types). (a) One non-illuminated real estate sign as mentioned under Sec. 24-12 (A-i). (b) The main use and one accessory use of the premises may be advertised on one flat sign not exceeding an aggregate square foot area equal to ten (10) percent of the first fifteen (15) feet of height of the main street wall face and five (5) percent of the remaining main street walt face with a maximum sign area of thr, hundred (300) square feet for th~ size of the sign. (c) The main use and one accessory use of the premises may be advertised on one ground sign placed in the required front yard; such sign shall not extend closer than ten (10) feet to the public right-of-way line and shall not exceed twelve (12) feet in overall height from the ground, shall not exceed twelve (12) feet in width, and shall not exceed thirty-two (32) feet per sign face an an aggregate area of seventy-two (72) square feet. OR The main use and one accessory use of the premises may be advertised on one pole sign placed in the required front yard; suci sign shall not extend closer than ten (10) feet to ~he public right- of-way line and shall not exceed t.wenty-one (21) feet in overall height from the ground, shall not exceed twenly-one (21) feet in -11- width, nor exceed in area based on a ratio of eighty percent (80%) of. the main street frontage of the plot to area in square feet for the sign with a rnaximurn area of one hundred sixty (160) square feet per sign face and an aggregate area of three hundred twenty (320) square feet. B. Commercial (C-1 and C-2 Districts) (All types). .. ~ Note: As this subsection i~ applied to shopping centers, only the name of the shopping center shall be considered the main use and only one (1) pole, ground or roof sign shall be permitted in any - shopping center~/ (1) One (1) non-illuminated real estate sign advertising FOR SALE, FOR RENT, OR FOR LEASE, may be placed on the premises and shall not exceed eight (8) square feet in area per sign face with an aggregate area of sixteen (16) square feet. (2) For those signs whose faces are generally perpendicular to the street centerline only one of the following is permitted: (a) One (1) pole sign advertising the main use of the premises .... and the businesses located therein shall be located so that the entire sign structure shall not exceed closer than ten (10) feet to any public right-of-way line. Such sign shall not exceed twenty- one (21) feet in width, twenty, one (21) feet in height nor exceed area based on a ratio of sixteen percent (16%) of the main street ...... frontage of the plot to area in square feet for the sign with a maximum area of one hundred sixty (160) square feet per sign face and an aggregate area of three hundred twenty (320) square ~ feet. Main street frontage of less than two hundred (200) feet shall be permitted thirty-two (32) square feet per sign face and an · aggregate area of sixty-four (64) square feet. Corner locations are permitted one (1) pole sign only. (b) One (1) roof sign advertising the main use of the premises ~ as described in Sec. 24-11 (i). (c) One (1) fixed projecting sign advertising the use or uses -12- of the premises. The outer-edge of the projecting sign nor the support of same shall not extend more than three (3) feet beyond the wall of any building nor shall it extend above the parapet. In no event shall it extend over the public right-of-way. The area per sign face shall not exceed thirty (30) square feet with an aggregate area of sixty (60) square feet. (d) Two (2) 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 one hundred (100) square feet in the aggregate uses of all, or singly in the case of a single use, but, in any event, neither such sign shall exceed one and one,half (1-1/2) times the allowable pole sign area as computed in Sec. 24-12 (tB) (2) (a) above. (3) For those signs whose faces are generally parallel to the street centerline, only one (1) of the following is permitted: (a) A pole 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. (d) One (1) flat sign or painted wall sign advertising the main occupational or business use of the total sign area shall not exceed an aggregate square foot area equal to twenty percent (20%) of the first fifteen (15) feet of height of the main street wall face and ten percent (10%) of any additional mai~street wall face, including and door areas of the building with a maximum aggregate and door areas of the building with a maximum aggregate area of one hundred sixty (160) square feet for said sign. Each main use and each accessory use in commercial zoning districts may also have one painted sign on windows provided it does not exceed twenty percent (20%) of the glass area being used. The totals of such signs aggregate area shall be included in the pole sign allowable ar (4) A shopping center containing five (5) or more stores will be permitted one (1) fixed hanging sign per store, business or pr~)- -13- fessional office not exceeding six (6) feet in length and eighteen (18) inches in height placed entirely under a canopy, marquee or permanent walkway cover in front of a business, store or pro- fessional office advertising the main use of that business. The sign will be perpendicular to the store front and the clearance of eight (8) feet must be maintained between the bottom of the sign and the top of walkway directly under the sign. C. Industrial Districts A/f-1. (a) One (1) non-illuminated real estate sign advertising "FOR SALE~' "FOR RENT", or "FOR LEASE", may be placed on the premises and shall not exceed thirty-two (32) square feet in area pet~ sign face with an aggregate area of sixty-four (64) square feet (b) One (1) flat sign advertising the main use and one (1) flat sign per accessory use advertising said accessory use shall be permitted and the total sign area shall not exceed an aggregate square foot area equal to twenty percent (20%) of the area of the first fifteen (15) feet of height of the main street wall face and ten percent (10%) of any additional main street wall face, including window and door areas of the building, with a maximum aggregate area of three hundred sixty (360) square feet for said signs, excepl that corner locations may be permitted one (1) flat sign per street front for advertising the main use. OR One (1) fixed projecting sign advertising the main use and one (1) fixed projecting sign per accessory use advertising said aecessory use shall be permitted. The outer edge of the fixed projecting sign and/or the support for same shall not extend more than three (3) feet beyond the wall of any building nor shall extend above the parapet. The area per sign face shall not exceed thirty (30) squar~ feet with an aggregate area of sixty (60) square feet. (c) One (1) pole sign advertising the main use of the premises a d the business located~herein shall .be located so that the entire sign structure shall not extend closer than ten (10) feet to any public -14- right-of-way line. Such sign shall not exceed twenty-one (21) feet in width~ twenty-one (21) feet in height nor exceed an area based on a ratio of sixteen percent (16%) of the m:ain street frontage of the plot to area in square feet for the sign with i maximum area of one hundred sixty (160) square feet per sign face and an aggregate area of three hundred twenty (320) s. quare feet. Main street frontage of less than two hundred (200) feet shall be permitted thirty-two (32) square feet per sign face and an aggregate ~area of sixty-four (64) square feet. Corner location are permitted one (1) pole sign only. OR One (1) roof sign as described in Sec. 24-11 (i). Identification signs to be permitted on the rear wall of business establishments limited to ten (10) square feet provided that the rear of the property is not contiguous to "iR" zoning districts. Civic and Church Signs. The City C uncil may erect or approve and permit to be erecte entrance sign, at or near the city limits for the benefit of visitors, on which may be listed institutional names, churches, and points of interest. Civic organizations and churches may be permitted to place their insignias thereon. Sec. 24-13. Special Signs. (a) Temporary subdivision signs. Areas under development including shopping cer~rs, cooperative apartments, condominium~, and extensive platted or unplaiied land shall be permitted two (2) temporary n~n-illuminated 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 contaimed~in the section of this chapter relating to the specific zoned area. One (1) additional temporary sign not to exceed one hundred (1'00) square feet in aggregate area may be used where a subdivision adjoins two (2) state highways. Permits for said signs will be granted in accordance with Sec. 24-6 (c) and shall be limited to the time development is completed, terminated or -15- abandoned. (b) Temporary building signs. One (1) temporary 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 (32) square feet per sign face in area with an aggregate area of sixty-four (64) square feet. (2) Such sign shall not be erected more than fifteen (15) days prior to the beginning of actual construction and must be removed when certificate of occupancy is issued; provided, ' however, if. such sign be erected as permitted hereunder and if construction is not commenced within thirty (30) days after permit is issued, or if such construction be not continually progressed to completion, such sign shall be removed by owner. (3) Said signs shall be located on the premises being developed and shall be located in accordance with the requiremen~ contained in the section of this ordinance relating to the specific zoned areas. (c) Directional Signs. (1) General directional signs limited to six (6) per civic organization, churches, or recreational facility, and limited to one hundred forty-four (144) square inches per sign face with an aggregate area of two hundred eighty-eight (288) square inches (6" x 24") and located at street intersections or other locations fo the convenience of the traveling public, may be permitted in city right-of-way by the Building Official. The owner shall have the sign, which shall he black on white, 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 afld~when sign is in public right-of-way it shall be placed on opposite corners from street signs. A' limi~ -16- of six (6) signs 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 Manager, upon receipt subrnii~d through the Building Official, may be permitted. Said temporary signs shall be located at specified points for the convenience of the traveling public, and shall be limited to four (4) square feet. per sign face with an aggregate area of eight (8) square feet (12" x 48"). (3) Parking area signs may be erected at each point of ingress and egress to a parking lot or parking area, and such signs shalL~not exceed four (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 (1) such sign shall be allowed at each point of ingress and egress. (d) Street Signs. A subdivision name sign may be placed on a city street post by city personnel provided it is requested through the Planning and Zoning director and paid for by the party requesting said sign. This sign shall be identical to the street s~gl as to color, size and shape. (e) Directory Sign. A directory ed~nsisting of signs each having an area of seventy-two (72) square inches (4" x 18") per sign face with an aggregate area per sign face of 6ne hundred fo-rtyrfour (144) square inches, may be attached to a pole sign; the totals of such signs' aggregate area shall be included in the pole sign al- lowable area. Said directory signs must indicate the organization or business endeavor in the particular business, commercial or industrial district. (f) Painted Window Signs. Each main use and each accessory use in business, commercial or industrial zoning districts may also have one (1) painted sign on windows provided it does not exceed twenty percent (20%) of the glass area being used. -17- (g) 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 City Council. (h) Theatre Marquee Sign. An opaque, single faced sign with a maximum area of three hundred sixty (360) square feet for the purpose of advertising the legitimate or cinema theatre in a · ~ building constructed for theatre pn~poses. (1) Safety and Warning Signs. Any signmay be erected which is ordered or authoriz~d by a governmental body, i.e. , the City of Boynton ]Beach, and such sign shall not exceed four hundred (400) square inches. "No Trespassing", "NoDum~.p~g' ", and similar signs may?~be erected, one of each such signs for each one hundred (100) feet of street frontage, and not to extend to a height of more than five (5) feet from the ground. Such sign shall not exceed one hundred forty-four (144) square inches. Sec. 24-14. Clearance Height and Sight Distance. A sign projecting over areas where motor trucks may be required ..... to pass through or beneath shall be erected to maintain a rain!mum clearance distance of thirteen and one-half (13-1/2)~feet for the free passage of motor ..... trucks. Signs must meet vehicular sign distance requirements established by the City Traffic Engineer. Sec. 24-15. Rigid Construction. ~ ~ Every sign shall be constructed in such a manner as to withstand a wind pressure of fifty (50) pounds per square foot. Contractors shall submit plans showing location, structural, members and design calculations for ~"~ wind loading or a certificate, sealed by a registered engineer and stating that the design will meet this code. All sign contractors shall sign a certificate stating wind loading. Sec. 24-16. Re-Inspection of all Signs. The Building Official shall inspect, or cause to be inspected, all ...... permanent signs located within the city at le~ast once in each year, or more often, if in his opinion, such inspection may be required, and upon each inspection, shall require the owner of any sign found to be in defective -18- 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 notice of.such defect; provided, however, that if said ]Building Official shall ascertain and determine that the maintenance or use of such sign shall adversely affect the public safety, he may require the immediate removal at owner's expense, or prohibit the use of said sign until such defects shall have been remedied. Sec. 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 reading same, shall he prima facie evidence of a violation of this section by the ..... person displaying such sign, or permitting same to be displayed at their residence, establishment or place of business. When a business or service using an identification or advertising .... sign is discontinued, all signs and sign structures relating to this business or service shall be removed within ten (10) days from the date of discontinu- ance. Sec. 24-18. Removal of Certain Signs. It shall be unlawful for a person to use or maintain a sign · ~ heretofore erected within the City in violation of ordinances existing ~m the effective date of this or dinance a n d all of said signs shall be removed within eight (8) months after the effective date of this ordinance. ~ · Sec. 24-19. Non-Conforming Signs. (a) Signs or advertising structures legally existing within the City limits on the effective date of this ordinance, or a sign or advertising structure existing in an area annexed to the City after the effective date of this ordinance, which, by its height, type, square foot area, location, use, ~.~ or structural support does not conform to the requirements of this chapter of this ordinance, shall be termed howl'conforming. -19- (b} All non-conforming signs or advertising structures within the City limits existing on the effective date of this ordinance shall be allowed to remain in use and maintained for the duration of their normal life; however, in the event of destruction or damage to any such sign to the extent of sixty percent (60%), same may not be replaced or repaired unless such sign meets the requirements of this ordinance. (c) The sign inspector shall mail notice of existence of all illegal and non-conforming signs to the owners or to any other persons in control of the premises on which said illegal and non-conforming sign exists within a reasonable period after the effective date of this ordinance. (d) Conforming, Non-Conforming signs prohibited on same lot No conforming sign or sign structure shall be erected on the sameplot with an existing non-conforming sign until the non-conforming sign has been removed or made conforming. 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 person responsible for such violation and/or the owner of said premises on which the sign is displayed, indicating the nature of the violation and ordering the action necess:ary to correct it. The Building Official shall order discontinuance, alteration, removal or take any other action necessary to correct violations or insure compliance with all the provisions of this chapter. (b) The issuance ~f a permit upon plans and specificaiions shall nol prevent the enforcing officer from thereafter requiring the correctio of error in said plans and specifications or preventing the erection of any sign thereunder when in violation of this chapter. Sec. 24-21. Interpretation of application for Permits. In all applications for permits where a matter of interpretation arises, the most rigid definition shall prevail. Section 2: Penalties: A person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.01 -20- or be imprisoned in the City Jail for a period not exceeding ninety (90) days or be 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. ~- Section 3: Separability: If any section subsection, sentence, clause, phrase or portion of this Ordinance is for any reason hel~~ invalid or unconstitutional by any court of competent jurisdiction, such portion shall be ~deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 4: Repealing Provision: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Authority lo Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section 6: E~fective Date: This Ordinance shall become in the manner and at the time provided in the charier and ordinances of the City of Boynton Beach, Florida. First reading this 20th day of April, A. D., 1970. Second, final reading and passage this 3rd day of September, CITY OF BOYNTON BEACH, FLORIDA By: Mayor ATTEST: ~ y~~ Vice Mayor City Clerk ~ ~0 ' /Q ~_ q ~[ (CORP. SEAL) ~ Councilman Councilman