15-005 '
1 ORDINANCE NO. 15 -005
1
,1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING THE LAND DEVELOPMENT
1 REGULATIONS, CHAPTER 4, ARTICLE IV, SECTION 4.C.1.b.
I TO ALLOW SIGN STANDARDS TO BE BASED ON THE
ii COMMERCIAL USE WITHIN THE M -1 ZONING DISTRICT;
AND CHAPTER 4, ARTICLE IV, SECTION 7.A., TO INCREASE
9 FLEXIBILITY FOR MODIFYING A NON - CONFORMING SIGN
10 AT A SHOPPING CENTER TO PROMOTE ECONOMIC
11 DEVELOPMENT AND AESTHETICS; PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DATE.
t4
i
t 1 WHEREAS, staff is proposing amendments to the Land Development
1; Regulations (LDR) regarding the sign code; and
t WHEREAS, the first amendment would allow maximum sign area for
19 commercial uses proposed in the M -1 zoning district that are located along arterial and
q collector roadways, to be based on the ratio applicable to the commercial uses rather than
the industrial (M -1) zoning district; and
WHEREAS, in the course of work on TOD- related Comprehensive Plan
amendments, staff reviewed recommendations provided by the Florida TOD 1
Development Guidebook for three types of transit centers; and
WHEREAS, the second would increase flexibility in altering a non - conforming
sign at a commercial shopping center for the purpose of accommodating additional
tenant space, as long as the modifications would not worsen the magnitude of non -
1
8 conformity, and result in some physical improvement to the design of the sign; and
• WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
31 the best interest of the citizens and residents of the City to amend the Land Development
3 Regulations to allow sign standards to be based on the commercial use within the M -1
3g Zoning District and to increase flexibility for modifying a non - conforming sign at a
I 1
f'
I
11
i shopping center to promote economic development and aesthetics.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4 Section 1. The foregoing whereas clauses are true and correct and are now
15 ratified and confirmed by the City Commission.
8 Section 2. Chapter 4, Article IV, Section 4.C.1.b of the City of Boynton
i
4 i Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended
i
as follows:
Chapter 4, Article IV, Section 4.C.1.b. (Table 4 -14 Maximum Sign Area)
1
Ratio of Maximum Allowable Signage Area
Zoning District Sign Area
g Building Frontage
(square feet)
Residential
Single- Family districts '
R -2 '
PUD 1 s.f.' 1 -foot
R -3 2
IPUD 2
CBD
Industrial
Commercial, excluding CBD
Mixed Use 1.5 s.f. 1 -foot 3, J
Miscellaneous
1
1 I Wall signs are allowed for nonresidential developments within the following: 1) single-
;
i 4 family residential districts; 2) the R -2 and PUD districts; and 3) all developments
1 containing multiple - family residential uses (in excess of ten (10) dwelling units). The
1: cumulative signage area shall not exceed thirty -two (32) square feet. The top of the
1 sign( s) shall not exceed the height of ten (10) feet.
1: Wall signs are allowed within all developments containing multi - family residential or
1w non - residential uses.
1 1� 3 Pursuant to Section 5.C.2. below, the maximum wall sign area may be increased by ten
percent (10 %) to allow for additional signage on rear facades of multiple- tenant buildings
a within non - residential developments.
? 4 For a multiple- tenant building designed as an indoor shopping mall, the maximum
allowable wall sign area may be increased, provided the total signage area (per wall of a
V t
II
major department store or center store containing an exterior customer entrance) does not
exceed ten percent (10 %) of the area for each facade.
5 Non - industrial businesses allowed in an industrial zoning district on an arterial right -of -way
under the zoning regulations would be allowed a multiplier of 1.5 square foot of wall signage per
1 foot of building frontage.
Section 3. Chapter 4, Article IV. Section 7.A. of the City of Boynton Beach
8 Code of Ordinances, Part III, Land Development Regulations, is hereby amended as
19 follows:
i 1 Sec. 7. Nonconforming Signs.
t t A. General. A sign, which does not conform to the requirements of this article, shall
1 a be deemed nonconforming. A nonconforming sign cannot be modified (excluding
re- lettering or change of copy) unless the modification brings the sign into
compliance with all sections of this article. or as outlined in B. below.
1 �
1 ■ B. Nonconforming Freestanding Signs at Shopping_Centers. The City's objectives
1 to improve the visual aesthetics, appearance, and economic vitality of multi - tenant
l properties along city thoroughfares will permit property owners to modify
t • nonconforming freestanding signs at shopping centers beyond the limitations
21 contained within Section A, above. in conformance with the following
2l requirements:
2� 1. The shopping center shall have an adopted Sign Program in place, or adopts a
21 sign program as part of this process.
?� 2. A request for an amendment to the existing Sign Program is approved.
2 3. The amended Sign Program will allow improvements to the existing sign
24 structure(s) which do not increase the mass of the sign (i.e. height, length
2 width), including removal, repair and/or replacement of sign cabinets.
2: 4. The proposed improvements will bring the sign into further compliance with
2 the sign regulations, and improve the aesthetics of the sign.
31 5. As part of the City's economic development initiatives, additional sign square
3 footage, also known as "cop area may be added to the sign in instances
3t when aesthetic improvements and required landscape improvements are made
31 to. and immediately surrounding the sign, and in situations where the
3 11 II additional signage does not increase the mass of the sign (i.e. height, length,
31 width).
31 6. The amount of future repairs of the newly renovated sign that the property
3G owner will be allowed to complete will be an amount not to exceed 50% of the
3•: new value of the sign, as determined by a licensed sign contractor and
3s confirmed by staff.
3
ii
The regulations contained in Chapter 4, Article IV, Section 7 above are not
intended to allow removal and reconstruction of the sign in entirety, as such a situation
3 would require the sign to come into compliance with current sign regulation.
4
js Section 4. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
Fl not affect the remainder of this Ordinance.
ij
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this 17 day of February, 2015.
11 SECOND, FINAL READING AND PASSAGE this cP day of ("�p�RcH ,
1 2015. CITY OF BOYNTON BEACH, FLORIDA
1c YES NO
1' Mayor — Jerry Taylor ,/
G Vice Mayor — Joe Casello ✓
Commissioner — David T. Merker
2 Commissioner — Mack McCray
21 Commissioner — Michael M. Fitzpatrick +�
-11 VOTE 5-0
21 ATTEST:
3 dret M. Prainito, MMC
3 ► rty v 0
3
3'
3.
3. (4 ,00r. Seal)
I !y T O N`;� 4
1