The definitions for the following terms are cited in chapter [article] IV (definitions) of this ordinance:

Sign (per se).

Abandoned sign.

Advertising sign.

Banner.

Double-faced sign.

Flashing sign (cited as "sign flashing").

Flat (wall) sign.

Free-standing (pole) sign.

Illuminated sign.

Instructional sign.

Nameplate.

Nonconforming sign.

Painted wall sign.

Plastic sign.

Point of purchase sign.

Political sign.

Projecting sign.

Real Estate sign.

Roof sign.

Sign area.

Snipe sign.

Surface area (of a sign).

Under-canopy sign.

A.

Permit application. A permit is required for each and every sign, including painted wall signs, with the exception of temporary real estate signs in residential districts. Application shall be filed by the applicant, or his agent, with the city clerk. Said applications shall contain or have attached thereto, the following information:

1.

The name and address of the owner or other person in control or possession of the real property upon which the sign is to be constructed, erected, operated, used, maintained, posted, or displayed.

2.

The name of the person, firm, corporation, or association erecting the structure and the total area of the proposed sign in square feet in addition to the height of the proposed advertising structure from ground level.

3.

The legal description of the property upon which said sign is proposed to be located.

4.

Type of sign.

5.

The proposed location of the sign on the property identified and the location and total surface area of all other permitted signs existing on the property or buildings.

6.

Two (2) copies of detailed drawings drawn to scale, containing complete plans and specifications to show methods of construction and anchoring to building or ground.

B.

Conditions. The city shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a license to proceed with the work but shall not prevent the city from thereafter requiring a correction of errors in the plans or in construction, or of violations of this chapter.

Any permit issued shall become invalid unless the work authorized by it shall have been commenced within ninety (90) days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. Suspension or abandonment of the work will be considered to have taken place when a period of six (6) months lapses between required scheduled inspections. A permit may be revalidated for a period of ninety (90) days when just cause is given upon the payment of a fee of fifty (50) percent of the original fee. No refunds of permit fees shall be allowed after thirty (30) days from original issuance.

Provided the application complies with this ordinance and other applicable codes and regulations, the city shall issue a permit for each such sign retaining a copy thereof and a copy of plans of said sign. Permits shall disclose:

A.

Type of sign authorized by said permit;

B.

The legal description of the property upon which the sign is permitted to be located and name of owner or lessee of such property;

C.

The location upon the property where the sign is permitted;

D.

The name of the person, firm, corporation or association erecting structure; and

E.

The date of issuance.

The following signs shall be designed, signed and certified by a Florida registered engineer:

A.

Projecting signs in excess of twenty-four (24) square feet in area.

B.

Free-standing or pole signs in excess of forty (40) square feet in area.

C.

All plastic-faced signs over twenty-four (24) square feet in area.

Prior to erection of any sign or placing concrete for any ground sign base, a request for inspection shall have been registered with the city twenty-four (24) hours before the requested inspection time. The sign contractor shall have the city approved plans on the job and available to the inspector. The contractor shall request final inspection on all signs.

A.

Every sign hereafter erected, constructed, painted, or maintained for which a permit is required shall be plainly marked with the name of the person, firm, or corporation erecting, painting and maintaining such sign, and shall have affixed on the front thereof the number of the permit issued for said sign.

B.

Upon issuance of a sign permit to the sign contractor, the city shall issue a permit tag, showing the number of the permit, which, at the time the sign is erected, must be attached to the sign so that it can be clearly seen from the street.

C.

The absence of such permit tag shall be prima facie evidence that the sign is being operated in violation of the provisions of this ordinance.

General provisions. Every sign shall be strongly constructed and anchored in a secure and substantial manner to withstand a wind pressure of not less than fifty (50) pounds per square foot. Design shall not be based on removal of panels during period of high wind velocities. The minimum allowable working stresses for aluminum, steel, or wood shall be in accordance with the provisions of the Alcoa Aluminum Handbook; Chapter XV "Structural Steel" or Chapter XVII "Wood" of the Southern Standard Building Code; and for plastic the "Plexiglas" Handbook for Sign Shops, Supplement No. 1 by Rohn and Hass Company.

Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the building official, the owner thereof, or the persons or firms maintaining the same shall, upon written notice from the building official, forthwith, secure the same in a manner to be approved by the building official, in conformity with the provisions of this code [article], or remove such signs. If such order is not complied with, the building official shall order the removal of such sign at the expense of the owner or lessee thereof. In the case of imminent danger, the building official shall cause the sign to be removed or repaired immediately. Furthermore, any sign which advertises a business or service which no longer exists on the premises must be removed. If such sign (or signs) is not removed as directed, said sign will be removed at the expense of the owner or lessee thereof.

Signs in place prior to adoption of this ordinance shall be exempted from its provisions until sixty (60) months after adoption, at which time all signs within the City of South Bay shall comply. Any sign which is nonconforming and which requires replacement or repair in excess of fifty (50) percent of its appraised value shall be discontinued from use and be replaced by a sign which conforms with this ordinance.

A.

Where other sign or outdoor advertising regulations are in effect and are more restrictive than the provisions of this ordinance the more restrictive provisions shall prevail.

B.

Reflectors and lights shall be permitted on ground signs and wall signs, provided, however, that the light source shall provide proper shielding so as to prevent glare upon adjacent residential property.

C.

No sign shall exceed thirty-five (35) feet in height except as provided herein.

D.

No portion of any sign shall project over a public sidewalk, right-of-way, or required landscape strip.

The building official shall cause to be inspected annually, or at such additional times as he deems necessary, each sign or advertising structure regulated by this ordinance for the purpose of ascertaining if it is in compliance with this ordinance.

Signs exempted from permit and zoning requirements:

A.

Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, or warnings at railroad crossings.

B.

Flags or emblems of the United States, the State of Florida or other governmental agency.

C.

Temporary signs announcing a campaign, drive or event, provided such signs shall be removed within thirty (30) days following the campaign, drive, or event.

D.

Memorial signs or tablets erected and authorized by a duly constituted governmental body.

E.

One temporary sign denoting architect, engineer, or contractor when placed on construction sites and not exceeding a total of thirty-two (32) square feet in surface area, and provided such sign shall be removed upon the issuance of a certificate of occupancy or abandonment of work.

F.

Signs required to be maintained by law or governmental order, rule, or regulation.

G.

Small directional signs displayed for the public, including signs which identify rest rooms, freight entrances, or the like, with a total surface area not exceeding eight (8) square feet on any lot.

H.

Address signs restricted to not more than one for each principal building or use on a premises and none exceeding one square foot in surface area showing only the numerical address designations on the premises upon which they are maintained.

I.

Home Occupation Nameplates or Signs. The maximum size shall be one square foot.

Prohibited signs:

A.

Motion picture mechanism in conjunction with any outdoor advertising structure, or advertising statuary used in such a manner as to permit or allow the images to be visible from any public street or sidewalk.

B.

Signs which produce noise or sound capable of being heard even though the sound produced is not understandable sound.

C.

Signs which emit visible smoke, vapor, particles, or odor.

D.

Signs or other advertising matter as regulated by this ordinance erected at the intersection of any street or in any street right-of-way in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device; or which makes use of words "stop", "look", "drive-in", "danger", or any other word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse vehicular traffic as determined by the city.

E.

Signs erected, constructed, or maintained so as to obstruct, or be attached to any firefighting equipment, window, door, or opening used as a means of ingress or egress or for firefighting purposes, or placed so as to interfere with any opening required for proper light and ventilation.

F.

Signs with any lighting or control mechanism which causes radio or television or other communication interruption or interference.

G.

Sign affixed to or on any non-motorized wheeled vehicle.

H.

Flags, banners, streamers, twirling, "A" type, sandwich type, sidewalk or curb signs; balloons or other air or gas filled figures and blank copy signs.

I.

Outdoor advertising of any kind or character where any live animal or human being is used as part of the advertising and is visible from any public street or public place.

J.

Any banner over any street or sidewalk within any city playground or park without permission from the city.

K.

Any sign, portable or fixed, placed or erected on or over any part of the ultimate road right-of-way other than directional signs erected by authorized city, county, or state officials.

L.

Temporary political signs erected within five (5) feet of any public right-of-way.

M.

Any unauthorized sign on city property.

N.

Any illuminated sign of such intensity that the vision of the observer becomes momentarily impaired.

O.

Any sign which exhibits thereon any lewd, lascivious, indecent or immoral material.

P.

Any signs attached to trees, utility poles, trailers, roller casters and any other unapproved supporting structure including portable signs and vehicular signs.

Q.

Flashing, rotating, revolving, moving or oscillating signs.

R.

All roof signs.

The following signs are permitted subject to their respective special regulations.

A.

Temporary political sign. A sign not more than thirty-two (32) square feet in area may be erected on private property not more than sixty (60) days prior to any election and removed within thirty (30) days after the election and so constructed as not to create any hazardous or dangerous conditions to the public.

B.

Electric signs. No person, firm, or corporation shall erect, install, or maintain any electric sign with the city except in accordance with the regulations contained in the Electrical Code of Palm Beach County. All electric signs shall bear the Underwriter Laboratory Label of Approval and comply with all requirements of this ordinance.

A.

Wall signs, projecting signs and free-standing or pole signs are restricted to point of purchase advertisement only.

B.

Free-standing or pole signs.

1.

Not more than one free-standing size shall be permitted per commercial establishment.

2.

The total sign area of a free-standing sign permitted on any property line adjacent to a public street shall be prorated on the basis of one-half square foot of sign area for each lineal foot of property line adjacent to that public street. For lineal footage in excess of one hundred (100) square feet, a maximum of seventy-five (75) square feet of sign area shall be established.

3.

When utilized in combination with a wall sign, total sign area (wall size plus freestanding sign) shall be computed on the basis of one and one-half (1½) square feet of sign area for each lineal foot of property line adjacent to that public street. The total sign area of such a combination shall not exceed one hundred (100) square feet.

4.

The total height of the free-standing sign is not to exceed fifteen (15) feet at a setback of fifteen (15) feet from the right-of-way. For each two-feet increase in the setback, the sign height may be increased one foot. In this manner a maximum height of twenty (20) feet can be permitted.

5.

All free-standing or pole signs shall be erected within a landscaped area. The minimum distance from the edge of the landscaped area to sign supports shall be three (3) feet.

C.

Projecting signs.

1.

Projecting signs are not permitted in conjunction with free-standing or wall signs.

2.

No projecting sign shall have a sign area exceeding fifty (50) percent of the permitted free-standing sign area and in no case shall it exceed forty (40) square feet.

3.

All projecting signs shall be constructed entirely of metal, other noncombustible material, or plastics as approved by the building official, and securely attached to a building or structure by metal supports such as bolts, anchors, supports, chains, guy [wires] or steel rods. No staples or nails shall be used to secure any projecting sign to any building or structure.

4.

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, the working stress of which shall not exceed one-third (⅓) of their ultimate strength. Such supports shall be erected or maintained at an angle of at least forty-five (45) degrees with the horizontal to resist the dead load and at an angle of forty-five (45) degrees or more with the face of the sign to resist the specified wind pressure, or at such angle as determined by an adequate stress analysis to meet the structural requirements of the particular structure in question.

5.

All supports shall be secured to a bolt or expansion screw that will develop three (3) times the working stress of the supporting chain, guys or steel rods. Turnbuckles of equivalent strength requirements shall be placed in all chains, guys or steel rods supporting projecting signs. Said turnbuckles shall be locked in place after the desired tension has been attained.

6.

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 supports 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.

7.

No projecting sign which is entirely dependent upon a wall for support shall be erected on the wall of any building so as to project above the roof or parapet wall or above the roof level where there is no parapet wall. A sign attached to a corner of a building parallel to the vertical line of such corner, shall be deemed to be erected at a right angle to the building wall.

D.

Flat or wall signs and painted wall signs.

1.

No sign shall be mounted at a distance measured perpendicular to subject wall greater than twenty (20) inches.

2.

The total sign area of a flat sign or wall sign or painted wall sign shall not exceed fifty (50) square feet and shall be calculated on the basis of one-half square foot of sign area per lineal foot of building face on the particular side, front or rear of the building upon which the sign is to be placed.

3.

When utilized in combination with a free-standing or pole sign, total sign area (wall sign plus free-standing sign) shall be computed on the basis of one and one-half (1½) square feet of sign area for each lineal foot of property line adjacent to a public street. The total area of such a combination shall not exceed one hundred (100) square feet.

4.

No wall sign shall cover wholly or partially any required wall opening. Such signs shall not be permitted to project above the roof line parapet wall.

5.

No flat sign or wall sign or painted wall sign shall be permitted to coexist with any projecting sign.

E.

Group sign.

1.

One group sign identifying a commercial development known as a shopping center may be erected as the only free-standing sign on the subject site. Such sign shall not exceed one hundred (100) square feet.

2.

Each shop in the particular shopping center may have a four (4) square foot sign as a part of the group sign.

A.

In the R-1, R-2, and R-3 Zoning Districts.

1.

A temporary sign, conveying instructions with respect to the sale, lease or rental of a lot, premises, dwelling structure or a combination thereof shall relate only to the property upon which the sign is located.

2.

Maximum area of the sign shall not exceed six (6) square feet.

3.

Minimum setback shall be that as established for each residential zoning district.

4.

One double-faced sign is permitted for each public street upon which the property abuts.

B.

In all non-residential zoning districts:

1.

A temporary sign, conveying instructions with respect to the sale, lease or rental of a lot, premises, dwelling structure or a combination thereof shall relate only to the property upon which the sign is located.

2.

Maximum area of the sign shall not exceed ten (10) square feet.

3.

Minimum setback shall be that as established for each non-residential zoning district.

4.

One double-faced sign is permitted for each public street upon which the property abuts.