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O69-43 ORDINANCE NO. 69~-43 AN ORDINANCE OF THE CITY OF BOYNTON BEACH~ FLORIDA~ REGULATING CONSTRUCTION _&ND ERECTION OF SIGNS WITHIN SAID MUNICIPALITY~ PROVIDING FURTHER FOR SAVINGS CLAUSE~ REPEALING PROVISIONS~ AUTHORITY TO CODIFY~ AN EFFECTIVE DATE~ PENALTY PROVISIONS AND FOR OTHER PU~POSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF BOYNTON BEACH~ FLORIDA: Section 1: OUTDOOR ADVERTISING DISPLAYS Outdoor advertising displays~ means any letter figure~ character~ mark~ plane point~ marquee sign~ design~ poster~ pictorial~ picture~ stroke~ stripe line~ trademark~ reading matter or ill~uminated service~ which shall be so constr'ucted~ placed~attached~ painted~ erected~ fastened or manufactured in any manner whatso~v~r~ so that the same shall be used for the attraction of the public to any place~ subject~ person~ firm~ corporation~ public performance~ article~ machine or merchandise~ whatsoever~ which are displayed in any manner whatsoever out of doors. Every outdoor display shall be classified and conform to the requirements of that classification as set forth in this cha pt er. Section 2: CLASSIFICATIONS For the purpose of this chapter and the regulations and provisions thereof~ outdoor advertising displays shall be classified into one of the following type signs: (a) Spectacular Signs - means an "Outdoor Advertising Display Sign" advertising copy usually animated~ constructed of metal wired for light or lwainous tubing~ or both~ with copy action controlled by the flased circuit breakers or matographs and attached on an open face steel structure built especially for the purpose. Spectacular signs may be built 'upon the gro'~ad~ at~ached to a wall~ or above the roof~ or projecting from a wall~ provided that such spectacular sign meets the requirements of the provisions of this Code governing ground~ roof~ wall~ projection or marquee sign~ depending 'upon where such sign is built~ as set forth below. Saction 2: (a) - C0~ti~ed Spectacular signs 'shall be illuminated with electricity only. (b) Ground Si£gn - means an "Outdoor Advertising Display Sign" when such sign is supported by uprights or braces in or 'upon the gromad. (c) Roof Sign - means an "Outdoor Advertising Display Sign" erected~ constructed~ or maintained above the roof of any building. (d) Wall Sign - means an "Outdoor Advertising Display Sign" that shall be affixed to the wall of any building~ when such sign shall project not more than twelve (12) inches from the building. (e) Projection Sign - means an "Outdoor Advertising Display Sign" which is affixed to any building wall or structure and extends beyond the building wall~ structure~ building line or property line more than twelve (12) inches. (f) Marquee Sign - means a projecting sign attached to or h~ng from a marquee and said marquee shall be known to mean a canopy or covered structure projecting from and supported by a building~ when such canopy or covered structure extends beyond the building~ building line or property line. (g) Shingle Sign - means a projection or wall sign not over six (6) square feet in area~ constructed of metal or other non-combustible material attached securely to a building and not projecting more than twenty-four (2~) inches over public property (h) Temporary Sign - means a ground sign advertising a development of~ construction on~ or other projected 'use of or services on a specific property or properties. A permit for such signs may be granted for a period of one year. (i) Painted Signs - means signs painted on the wall of buildings or other structures but which require only minor erection or construction. (j) Billboard Sign.._- means a ground sign of a permanent nature advertising products~ services~ entertainment~ real estate Section 2: (j) - Continued or merchandise which is produced~ manufactured~ sold or furnished at a place other than the location of such sign, Billboards made of combustible materials shall meet the spacing requirements as set forth in Section 14 of this Chapter, No billboard shall exceed three ~undred square feet in area and no billboard shall be located any closer than one hundred feet from another billboard. Section ~: PERMITS REQUIRED (a) No "Outdoor Advertising Display Sign" shall hereafter be erected~ constr'ucted~ altered or maintained except as provided in this Code~ 'until after permit for the same has been issued by the Building Official and the fee paid as specified in Section 22~ hereof, (b) No permit fee shall be required for a shingle sign over a show window or door of a store or business establishment~ announcing without display or elaboration~ only the name of the proprietor and nature of the business~ nor shall a permit be required for a ground sign advertising for sale or rent property~ providing such sign is not over sixteen (16) square feet in area, (c) Ail signs over sixteen square feet in face area shall require a permit, Signs sixteen square feet in areal or under~ shall not require a permit but must meet all other requirements set forth in this Chapter, Section 4: IDENTIFICATION OF SIGNS Every OutdoOr Advertising Display Sign hereafter erected~ constructed or maintained~ for which a permit is required shall be plainly marked with the name of the person~ firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the number of permit issued for said sign by the Building 0ffi.cia!, Section ~: ANNUAL INSPECTION It shall be the duty of the Building Official or his author±zed agent to inspect all signs periodically to assure adequate construction strength and to prevent possible fire hazards, Section 6: UNSAFE SIGNS Should any sign become insec'ure or in danger of falling or otherwise 'unsafe in the opinion of the Building 0fficial~ the owner thereof~ or the person or firm maintaining the same~ shall upon written notice from the Building 0fficial~ forthwith in the case of immediate danger and in any case within ten (10) days~ secure the same in a manner to be approved~by the Building 0fficial~ in conformity with the provisions of this Code or remove such sign. If such order is not complied with in ten (10) days the Building Official shall remove such sign at the expense of the owner or lessee thereof. Section 7: MAINTENANCE Ail signs for which a permit is required~ together with all their supports~ braces~ guys and anchors shall be kept in repair and 'unless of galvanized or non-corroding metal shall be thoroughly painted at least once every two years. The Building Official may order the removal of any sign that is not maintained in accordance with the provision~ of this section. Such removal shall be at the expense of the owner or lessee. Section 8: UNI~WFU~ SIGNS In case any sign shall be installed~ erected~ or constructed in violation of any of the terms of this Code the Building Official shall notify by registered mail or written notice served personally~ the owner or lessee thereof to alter such sign so as to comply with this Code or of the Zoning Regulations and to secure the necessary permit therefor~ or to remove the sign. If such order is not complied with in ten (10) days the Building Official shall remove such sign at the expense of the owner or lessee thereof. ,Section 9: LOCATION RESTRICTIONS No Outdoor Advertising Display Sign shall be erected~ constructed or maintained so as to obstruct any fire escap~ or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any other part thereof. No sign shall be attached in any form~ shape or Section 9: - Continued manner to a fire escape~ nor be placed in such manner as to interfere with any opening required for legal ventilation. Section 10: SIGNS PROJECTING OVER p~UBLZC~.PROPERT? Signs projecting from a building or extending over public property shall maintain a clear height of eight (8) feet above the sidewalk and all such signs shall not extend more than twenty-four (2~) inches of the curbline. No sign shall be so constructed so as to form a hazard by blocking the view of motorists. No sign over sixteen square feet in area shall be constructed in the residential zones of the City except Temporary Signs on a property or properties to be developed. Setbacks for such signs shali be the same as setbacks for buildings in the Zoning Code of this City. In all other ~oned areas~ signs may be sized as set forth in this Chapter. No billboard or temporary signs shall be located closer than twenty (20) feet to a property line abutting any street. STn CTtmAZ Section 11: DESIGN AND STREiSS DIAGRAMS REQUIRED Ail signs over sixteen (16) square feet in face area shall have complete plans submitted for permits. Such plans shall show all pertinent construction data and shall have sufficient data to show required wind loading. Ail plans for signs forty (40) square feet or over shall bear the seal of an engineer or architect~ registered to practice in Florida~ and shall certify the wind loading on such plans. Ail plans submitted for permits shall show the location for such sign on a plot plan. Two copies of all documents shallJ_be submitted for permits. Section 12: WIND PRESSURE Ail signs shall be able to withstand ~0 # P.SoFo of wind loading. ~eqtiqn 13: WORKING STRESSES Working stresses shall be so designed as to meet the requirements of this Chapter plus a 30~ factor. CONSTRUCTION Section 14: GROUND SIGNS (a) No ground sign constructed entirely of wood material shall be at any point over twenty-four (24) feet above the ground level or located in the Fire District but when the facmng of a ground sign is constructed entirely of sheet metal or other non-combustible material such ground sign may be erected within or without the fire district and the supports~ braces~ battens~ ornamental moulding~ platform and decorative trim may be of wood material. Ground signs may be constructed of combustible materials provided they meet the following conditions: aombustibte ground signs 'up to fifty (~0) square feet in area may be constructed provided they are located at least twenty (20) feet from any building or structure. Combustible ground signs from fifty (~0) to one hundred (100) square feet in area may be constructed provided they are located at least forty (~0) feet from any building or structure. Combustible ground signs from one hundred (100) to two hundred (200) square feet in area may be constructed provided they are located at least eighty (80) feet from any building or structure. Combustible ground signs over two hundred (200) square feet in area may be constructed provided they are located at least one hundred a~d,~ixty -(~6~):~e~ from any bui!ding-or structure. No combustible sign shall contain illumination as an integral part of the interior of the sign. Such signs may be illuminated only by flood lights~ either from the ground or projected from the sign frame in accordance with the Electrical Code of the City of Boynton Beach. (b) Lighting reflectors may project beyond the face of the sign. Section 14: - Continued (c) The bottom coping of every ground sign shall be at least three (3) feet above the ground or street level~ which space may be filled with platform decorative trim or light wooden construction. Only if such trim or decoration does not block vision in such a manner as to become a traffic hazard. (d) Every ground sign shall provide rigid construction to withstand wind action in all directions. (e) Any person or persons~ partnership~ firm or corporation occupying any vacant lot or premises by means of a ground sign~ shall be subject to the same duties and responsibilities as the owner of the lot or premises~ ~ith respect to keeping the same clean~ sanitary~ inoffensiYe~ free and clear of all obnoxious substances and 'unsightly conditions on the ground in the vicinity of such gro'und sign on said premises for which they may be responsible. (f) Wherever anchors or supports consist of wood embedded in the soit~ the wood shall be pressure-treated with an approved preservative. Section 15: ROOF SIGNS (a) Ail roof signs shall be so constructed as to leave a clear space ~f not less than si~ (6) feet between the roof level and the lowest part of the sign and shall have at least five (~) feet clearance between the vertical supports thereof~ no portion of any roof sign structure shall project beyond an e~terior wallo (b) Every roof sign shall be constructed entirely of steel construction~ including the upright supports and braces~ except that only the ornamental moulding and battens behind the steel facing and the decorative lattice work may be of wood construction. (c) The bearing plates of all roof signs~ shall distribute the load directly to or 'upon masonry watls~ steel roof girders~ columns or beams. The building shall be designed to avoid overstress of these members. Section ~: - Conti~e~ (d) No roof sign having a tight or solid surface shall be at any point over twenty-four (24) feet above the roof level. (e) Open roof signs in which the uniform open area is not less than forty (40) percent of total gross area may be erected to a height of seventy-five (7~) feet on buildings of 'Type I or Type II Construction and on other type buildings to a height of forty (40) feet~ all such signs shall be thoroughly secured to the building upon which they are installe~ erected or constructed by iron~ metal anchors~ bolts~ supports~ chains~ stranded cables~ steel rods or braces and they shall be maintained in good condition. Seqtion ~6: WA~L SIGNS (a) Wall signs attached to exterior walls of solid masonry~ concrete or stone shall be safely and securely attached to the same by means of metal anchors~ bolts or expansion screws of not less than three-eights (3/8) inch in diameter and shall be embedded at least five (~) inches. No wood blocks shall be 'used for anchorage~ except in the case of wall signs attached to buildings with walls of wood. No wall sign shall be supported by anchorages secured to an 'unbraced parapet wall, (b) The s~rface face of all wall bulletins must be of sheet metal. (c) Temporary cloth signs with wood frames may be kept in place for a period not exceeding thirty (30) days. Section~[: PROJECTING SIGNS (a) .Ail projecting signs shall be constructed entirely of metal or other nSn-combustible material and securely attached to a building or structure by metal supports such as bolts~ anchors~ supports~ chains~ §uys or steel rods. No staples or nails shall be used to secure any projecting sign to any building or structure. (b) The dead load of projecting signs~ not parallel to the building or structure and the load due to wind pressure shall be supported with chains~ guys~ or steel rods having net Section 17: (b) - ContiNued cross section dimension of not less than three-eights (3/8) inch in diameter. Such supports shall be erected or maintained at angle of at least 4~ degrees with the horizontal to resist the dead load and at an angle of 4~ degrees or more with the face of the sign to resist the specified wind pressure. If such projecting sign exceeds thirty (30) square feet in one facial area~ there shall be provided at least two (2) such supports on each side not more than eight (8) feet apart to resist the wind pressure. (c) ~A~,c~or~aL~.e - Ail supports shall be secured to a bolt or expansion screw that will develop the strength of the supporting chain~ guys or steel rod~ with a minimum five-eight's (~/8) inch bolt or lag screw~ by an expansion shield. Turn buckles shall be placed in all chains~ guys or steel rods supporting projecting signs. (d) Chains~ cables~ guys or steel rods used to support the live or dead load of projecting signs may be fastened to solid masonry walls with expansion bolts or by machine screws in iron supports~ but no such support shall be attached to an unbraced parapet wall. Where the supports must be fastened to walls made of wood~ the supporting anchor bolts must go through the wall and be plated or fastened on the inside in a secure manner o (e) No projecting sign shall be erected on the wall of any building so as to project above the roof or cornice wall or above the roof level where there is no cornice wal!~ except that a sign erected at a right angle to the building~ the horizontal width of which sign perpendicular to such wall does not exceed eighteen (18) inches may be erected to a height not exceeding two (2) feet above the roof or cornice wall or above the roof level where there is no cornice wall. A sign attached to a corner of a building and parallel to the vertical line of such corner~ shall be deemed to be erected at a right angle to the buildingwall. Section 18: MARQUEE SIGNS Marquee signs shall be constructed entirely of metal or non-combustible material and may be attached to~ or ~ung from a marquee~ and such signs when hung from a marquee shall be at least eight (8) feet at its lowest level above the sidewalk or ground level~ and further~ no such sign shall extend outside the line of such marquee. Marquee signs may be attached to the sides and from a marquee~ and such sign may extend the entire length and width of said marquee~ provided such sign does not extend more than six (6) feet above~ nor one (1) foot below such marquee~ but under no circumstances~ shall the sign or signs have a vertical dimension greater than eight (8) feet, Section ~9: SPECTACULAR SIGNS AJ_i permits for spectacular signs shall be issued by the Building Official 'upon application therefor~ after approval by the department having jurisdiction over electricity~ upon payment of the required permit fee. The permit to erect or maintain a spectacular sign shall be good for one (1) year. The Building Official may issue a renewal of the permit issued hereunder upon the expiration thereof or within thirty (30) days thereafter upon the payment by the applicant of a renewal fee of two dollars ($2.00) and by surrendering the old permit~ accompanied by satisfactory proof in the form of an affidavit that the sign is as safe as when originally licensed and the wiring or piping of the same is in good condition. Ail spectacular signs shall be constructed of non-combustible materials. ~ection ~20: USE OF PLASTIC MATERIALS (a) Notwithstanding any other provisions of this Code~ plastic materials which burn at a rate no faster than 2.~" per minute when tested in accordance with "Test for Flammability of Rigid Plastics Over 0 0~0 Inches in Thickness~ ASTM D 63~-63~ shall be deemed approved plastics and may be used as the display surface material and for the letters~ decorations and facings on signs and outdoor display structures~ provided~ that in the Se~c~irqn ~2p: (a) - Fire District the structure of the sign in which the plastic is movuated or installed in non-combustible. (b) Individual plastic facings of electric signs shall not exceed two hundred (200) square feet in area. If the area of a display surface exceeds two hundred (200) square feet~ the area occupied or covered by approved plastics shall be limited to two hundred (200) square feet plus ~0 percent of the difference between two hundred (200) square feet and two thousand (2~000) square feet. (c) In no case shall the area of plastic on a display surface exceed one thousand one hundred (17100) square feet. (d) Letters and decorations mounted upon an approved plastic facing or display surface may be made of approved plastics. (e) Ail plastics 'used in sign construction shall be Underwriters Laboratory approved. Section 21: QUALIFICATIONS (a) Sign Contractor means a person~ firm or Corporation licensed to erect any type ~ign structure regardless of size and complexity~ but shall not be allowed to install any electrical work in co~uection therewith. (b) Sign Master Electrician means any person~ firm or corporation licensed to perform integral electrical work with signs only. Such work shall be as set forth in the Electrical Code of the City of Boynton Beach. Flood lights~ not an integral part of the sign~ may be installed by any licensed electrician. (c) Sign Painter means any person~ firm or corporation licensed to paint signs~ He may erect non-complicated structures such as temporary or combustible ground signs but the erection of such signs shall in no case exceed forty (40) square feet in area. (d) Notwithstanding any other requirements~ all persons~ firms or corporations in the above listed catagories~ shall ~e~ctLio~ ~1: (d) - Continue.d show proof of a valid Palm Beach County Occupational License as partial prerequisite to obtaining an occupational license in the City of Boynton Beach, Such proof shall consist of a photostat of s&id occupational license, Section 22: FEES Except as hereinafter provided~ it shall be 'unlawful for any person to post~ display~ or erect any sign or advertising structure in the City without first having paid unto the City~ at the office of the Inspector~ a permit fee as listed below. (a) When the cost of construction does not exceed ~100o00 the fee shall be ~3.00. (b) When the cost of construction exceeds ~100,00 but does not exceed ~00,00 the fee shall be ~.00. (c) When the cost of construction exceeds $500.00~ but does not exceed ~1~000,00 the fee shall be ~!0.00. (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: "directional signs" "real estate signs" and "point of purchase signs" if such signs do not exceed sixteen (16) square feet in area no~ shall there be a permit for "painted wall signs"~ "temporary signs" or "temporary political signs"~ unless they exceed sixteen (16) square feet in area. For electric Signs~ such additional fees as may be specified therefore 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 accommodate short term publicity features. If more than one side of the sign or advertising structure is used~ or intended to be 'used for advertising~ a fee for each side shall be required and paid, Section 2~: Ail nonconforming signs existing at the time of passage of the Ordinance shall be allowed to remain for a period of one year~ at which time they shall be made to conform~ or be removed. Section 24: Ail laws or part of Laws in conflict herewith~ are hereby repealed~ and~ further~ the provisions of Chapter 24 of the Codified Ordinances of the City of Boynton Beach~ Florida~ and Chapter XXIII of the Southern Standard Building Code~ heretofore adopted by Section ~-! of the Codified Ordinances of the City of Boynton Beach~ Florida~ are hereby specifically repealed in their entirety. Section 2~: Any person~ firm or corporation convicted of violating the terms of this Ordinance shall~ 'upon conviction~ be punished by a fine not exceeding ~00.00 or imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. Any day upon which a violation exists or continues shall be deemed a separate and distinct offense. First reading this /~day of December~ A. D. 1969. Second~ final reading and passage this ~ ~ day of December~ 1969. By:__ Mayor // -- Councilman ~ · Co'uncilman (SEAL) Councilman ATTEST: City Clerk