Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 11-23-21
CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, November 23, 2021 TIME: 6:30 PM PLACE: City Hall Commission Chambers, 100 E. Ocean Avenue 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 4.A. Approve board minutes from the 10/26/21 Planning & Development Board meeting. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Approve 3518 Ruskin Avenue request for Annexation (ANEX 21-001) of a 0.8-acre parcel located at 3518 Ruskin Avenue. Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Approve 3518 Ruskin Avenue request for Future Land Use Map Amendment from Palm Beach County's Medium Residential Classification with a maximum density of 5.0 dwelling units per acre (MR-5) to Office Commercial (OC). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Approve 3518 Ruskin Avenue request for Rezoning from Palm Beach County's Single- Family Residential (RS) District to Office Professional (C-1). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. 7.B. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that update the City's Sign Standards intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi-tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. 7.C. Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws regulating applicable to Home-based Businesses. City initiated. 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within fifteen minutes of the noticed start time of the meeting, Page 1 of 89 the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. Notice Any person who decides to appeal any decision of the planning and development board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony, and evidence upon which the appeal is to be based. (f. S. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742-6060, at least forty-eight (48) hours prior to the program or activity in order for the city to reasonably accommodate your request. Page 2 of 89 4.4.A. Approval of Minutes 11/23/2021 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/23/2021 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve board minutes from the 10/26/21 Planning & Development Board meeting. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 10/26/21 Minutes Page 3of89 DRAFT MINUTES � a PLANNING AND DEVELOPMENT BOARD 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, OCTOBER 26, 2021, 6:30 P.M. PRESENT: STAFF: Trevor Rosecrans, Chair Mike Rumpf, Planning & Zoning Administrator Chris Simon Luis Bencosme, Planner 1 Tim Litsch Andrew Meyer, Senior Planner Kevin Fischer Sean Swartz, Attorney Thomas Ramiccio Lisa Tayar, Prototype-Inc. Jay Sobel, Alternate ABSENT: Butch Buoni, Vice Chair Darren Allen Lyman Phillips, Alternate GUEST: Bradley Miller, Urban Design Todd McLeod, Engineer The meeting was called to order at 6:31 p.m. 1. Pledge of Allegiance 2. Roll Call Roll was called and it was determined a quorum was present. 3. Agenda Approval Upon Motion duly made and seconded, to approve the agenda. In a voice vote, the agenda was unanimously approved (6-0). 4. Approval of Minutes 4.A. Approve board minutes from the 09/28/2021 Planning & Development Board meeting. Motion made by Mr. Sobel, seconded by Mr. Simon,to approve the September 28,2021 meeting minutes. In a voice vote, the minutes were unanimously approved. (6-0). Page 4 of 89 Meeting Minutes Planning and Development Board Page 2 October 26, 2021 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Administrator, introduced Luis Bencosme, Planner, and Andrew Meyer, Senior Planner. Two meetings are coming up in November and December, which are close to the holidays. He requested everyone check their calendars and email the City to let them know if there are any issues with attendance. He stated a poll could be taken via email. 6. Old Business -None. 7. New Business 7.A. CLM Apartments Abandonment (ABAN 21-004) —Request for the abandonment of a 119-foot-long segment of the 57-foot-wide SE 21" Avenue right-of-way, extending from the FEC Railroad right-of-way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. 7.B. CLM Apartments (LUAR 21-001) - Approve request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HOR), and Rezoning from R-3, multi-Family 11 du/ac to (PUD, Infill Planned Unit Development, property located at 2107 SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. 7.C. CLM Apartments (MSPM 21-002)—Approve Major Site Plan Modification to allow the addition of a four (4) unit apartment building, associated parking, and related site improvements on a 0.86-acre parcel, located at the northwest corner of SE 20th Court and SE 3rd Street, and east of the FEC Railroad, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Lawrence Mastropieri, CLM Capital LLC. NOTE: Items 7.A, 7.13, and 7.0 were heard in tandem and voted on separately. Bradley Miller, with Urban Design Studio, 610 Clematis Street, West Palm Beach, Florida, was present on behalf of the applicant. He explained they were adding one building and four units to an existing development that has eight existing units and there are a few hurdles with the application to get the Land Use and Zoning in place to allow that following the CRA Redevelopment Plan and then the Site Plan. It is an overall improvement to the property, which is located north of SE 23rd Avenue and west of Federal Highway. Railroad tracks abut the property on the west side. There are two existing buildings on the southern part of the property; each have four units on .86 acres and the northern building in the little cutout is a storage/garage type building that will come out as part of this development. There are three components to the application, and one is a right-of-way abandonment at the southern end of the property where there is an old right-of-way that does not cross the railroad tracks. Their client is taking half and the property owner to the south is getting the other half. They are changing the Land Use and Zoning and doing a major Site Plan application. Mr. Miller presented a brief Power Point Presentation as follows: • 2107 SE 3rd Street LLC is the official owner; they are a subsidiary of CLM Capital. • Lighting, cameras, and a maintenance program have been added. Page 5of89 Meeting Minutes Planning and Development Board Page 3 October 26, 2021 • The abandonment part of the project shows as a lot, but it is considered a right-of-way. An easement is being put back in due to some existing utilities, so the City has continuation of access to those utilities. • This site is designated for high density residential of 15 units per acre and currently it is one category lower. They are asking for consistency of the CRA Redevelopment Plan to follow as development moves forward. • Regarding the Land Use and Zoning site, they are proposing the area to go to high density residential. From the Zoning standpoint, they are going from R-3 to an Infill Planned Unit Development. The IPUD is in the Code for sites like this, it grants flexibility, but adds some protection and amenities, especially for residential projects. The large component is that recreational amenities must be implemented as part of the IPUD criteria to get the flexibility,which they have met. • As far as the Site Plan,Buildings A and B are existing and Building C is the new proposed building. There are going to be two different areas of parking with 13 parking spaces between Buildings A and B. A floating dumpster will be at the northeast corner of Building B allowing better access for Public Works to get to the dumpster,which would be enclosed with landscaping and screening. Parking next to Building C is another 13 parking spaces, so they are going from eight units that had 16 parking spaces to 12 units with 26 parking spaces. • There is a railroad to the west and a landscape buffer from the railroad. There is a special buffer along the northeast side, a single family home adjacent to that property, and a six-foot wall with a hedge on both sides, which they will be responsible for maintenance. There are trees and groundcover along the buffers and foundation plantings around the building. • A drainage system will be installed by doing small areas throughout the property of dry retention areas and connecting that, providing an outfall. • The proposed building will be a walk up with two units on the second floor and two units on the ground floor; each are three-bedroom/two-bath units, a little over 1,100 square feet. The other two buildings will be improved to match. • An aerial from of the northeast looking to the southwest of how Building C would be added into the existing development was shown. They are asking for the recommendation for the right-of-way abandonment, which is more of a cleanup item that gives benefit to them and the property owner to the south. He mentioned part of the agreement was to rebuild the driveway for the property owner to the south that crosses the center line. There is a change to the Land Use and Zoning to bring it into consistency with the CRA recommendation and then to the Site Plan by adding the new building, parking, landscape, and recreation areas. There will be a recreation area on the north and south sides, so there will be two separate areas with improvements such as barbecues, benches, and a passive area. Chair Rosecrans opened discussion to the public. Ernest Mignoli, 710 NE 71' Street, Apt. 407, questioned occupancy, EPA compliance, soil tests, parking, handicap parking, moderate income on new units, driveway for homeowner to the south, noise requirements, and safety. Page 6 of 89 Meeting Minutes Planning and Development Board Page 4 October 26, 2021 Mr. Miller indicated that the two buildings and eight units are currently occupied. They would follow all City and other mandatory regulations for drainage, etc. As part of that, there will be soil tests to firm up the drainage requirements and the ability to withstand the weights of the building, which is required as part of the permitting process. There are currently eight existing units and 16 parking spaces, and they are proposing four more units for a total of 12 units and 26 total parking spaces,with four handicap spaces as part of that plan. Regarding the price structure,there is no formal commitment, but these are estimated to be rentals between $1,600 and $2,000 a month. As far as the driveway to the south, with the approval of the abandonment,the property owner to the south will acquire the southern half of that right-of-way by Deed, so no easement is required. Likewise, their client will get the northern half and then they are granting an easement over their portion for existing utilities. Their client has also agreed to rebuild the adjacent property owner's driveway, so it is completely on his property. Regarding notice for the tracks, an enhanced landscape buffer will be put in and in addition, the new building will have hurricane glass, which has double panes. Mr. Litsch commented that the Site Plan showed three handicap spaces. Mr. Miller clarified that one handicap space is required for every 25 spaces, so technically, they are supposed to have two and they have one extra. In response to Mr. Sobel, Mr. Miller stated the City currently owns the right-of-way. Mr. Sobel commented that Mr. Miller was asking the Board to provide their ownership of City property. He mentioned the property has value and questioned if they were proposing to pay the City anything for the property they would be granting. Mr. Miller replied that was correct, it would be abandoned from City ownership. Regarding payment for the property, Mr. Miller replied they are not paying for the property, those discussions have not come up with staff. Mr. Sobel indicated that as a fiduciary responsibility of the City, he thought the City was entitled to some compensation from the property they are granting. He questioned if granting of the property would increase the rate of an assessment of the property to the owner. He commented that the City is giving away property free and clear; they are giving a gift, and he questioned if the City would get anything out of this. Mr. Miller replied they would be getting four additional units of taxable income producing property and the ability to implement Code to make it a better project. He stated the southern part allows for a recreation area, which is better for residents of the community. The property is not being used for a road right-of- way, and the utilities running through the property are accommodated by the easement they are granting. Mr. Sobel questioned the value of that piece of property if it were sold as an incremental addition to that property. Mr. Miller did not know; he noted he could check on that. Page 7 of 89 Meeting Minutes Planning and Development Board Page 5 October 26, 2021 Mr. Rumpf indicated the property is not in City ownership, it is in public ownership. The abandonment process reverts the right-of-way back to where it came from. The City did not pay for the property to begin with, they took it to improve a road. Mr. Fischer mentioned the Site Plan and the 790-square-foot drainage area to the south of Building C and the 337 square feet at the northern end of the property. He questioned if the thought of combining the northern and southern drainage areas to provide a gap between the existing building and the area south of Building C was explored. Mr. Miller advised the idea was explored, but because of the configuration of the property and how it wedges up is how the building fits. Several sketches were considered and although this one gets into the proximity of Building B; it also allows a nicer area on the north side of the drainage and the recreation area combined with the dry retention area. In response to Mr. Sobel, Mr. Miller explained there are two different recreation areas on the Site Plan. The north side is completely within the parent parcel, which is on the north side of Building C. The area being abandoned on the south end is for an area of recreational space and amenities, such as barbecue, benches, and picnic tables, which will be in the boundaries of the parent parcel. Mr. Sobel questioned if the right-of-way was not granted if the project would be jeopardized. Mr. Miller thought it would affect the project economically. It is road right-of-way that would never be used, so it allows for a better community with an area for recreation on both ends of the property, for the full 12 units, and parking to go along with it. He believed it would add value to the property because of the open spaces. Mr. Sobel mentioned Building C has a recreation area on the north and questioned if Buildings A and B were being changed. Mr. Miller stated the entire project has a recreation area and Buildings A and B are not being changed. Mr. Litsch asked if a fire hydrant was being installed. Mr. Miller indicated there is an existing fire hydrant at the corner and they are adding a second. Mr. Ramiccio commented this is a good project and fit under requirements for PUD. All amenities are there and meet the requirements. He questioned if there will be a walking trail and/or gym. Mr. Miller explained Part 2 emphasized the "I", the Infill; the IPUD was adopted into the Code. It allows flexibility on setbacks, and it comes down to the recreational area for small parcels. Some amenities usually get negotiated out as they go through the process with staff. This site is less than an acre, so it is not a place that would have a gym and pools. Overall, this property with the landscaping is going to be elevated to another level he believes is a benefit for everyone. Page 8of89 Meeting Minutes Planning and Development Board Page 6 October 26, 2021 Mr. Ramiccio mentioned the odd shaped lot and commented that he would have liked to see design changes and limitations on the configuration of the lot and the parking broken up a little. Mr. Miller indicated the parking area between Buildings A and B is existing and will be improved with the surface and how the spaces are designed, as well as curbing for landscape islands, etc.; it meets all IPUD requirements. Mr. Rumpf mentioned the IPUD and questioned what amenities are being provided. He explained the parameters of the IPUD. In response to Mr. Simon, Mr. Miller advised without the abandonment area the maximum number allowed is 11 units. Mr. Simon questioned if 11 units could be developed without changing zoning and the right-of-way portion. He would like to see CRA Redevelopment in the area. Mr. Miller advised he would have to look at it. According to the CRA Redevelopment Plan, the entire area has been recommended to have a higher density. Mr. Simon mentioned setbacks, adjustment of overall site calculations, drainage, owner costs, fencing on the left side to avoid extra traffic, sewer, and utilities. He suggested a parking rotation, splitting parking between Buildings B and C, and add a few more on the south side. Mr. Miller stated that yields less parking due to access and the turn radius. As a result, there would be 13 parking spaces in the proposed area. Mr. Simon questioned the maximum number of residents allowed per unit. Mr. Rumpf indicated there is not a maximum number of residents for zoning purposes. The Building Code requirements are one person per 50 square feet of a bedroom; it is not based on an entire unit,just bedrooms. Restrictions are based on bedroom square footage. Mr. Miller commented that the County allows 2.39 residents per unit. Mr. Simon mentioned the dumpster location and the open gate and questioned what prevents the gate from hanging open. Mr. Miller stated that is a management and Code Enforcement issue. Mr. Simon stated smaller waste areas could be used instead of dumpster plant types. Mr. Miller advised they could entertain another type of species. They are using hedge density to screen the single-family homeowner. Page 9of89 Meeting Minutes Planning and Development Board Page 7 October 26, 2021 Chair Rosecrans thought the plans were a little messy and that drainage was on the landscape plans. It looks like there is a retention area between Buildings B and C; there are three dry retention areas. He wanted to verify that the dashed line on the southern area where it says recreation area is in fact recreation area and not part of the 2,377 square feet of drainage or if it was the dry retention area. He noted the parking and pervious area was already paved on the north side and questioned if it was a serious area in pervious area. Todd McLeod, Engineer, clarified there is a dry retention area between Buildings B and C and a slope butting up against the foundation. Those two areas would be separated; the dashed area is just recreation area, and the dry retention is completely outside of that. He did not have the calculations, but visually, he thought Chair Rosecrans was correct regarding the pervious area between the building and existing pavement. Motions for Items 7.A, 7.13, and 7.0 were made separately as follows: Motion made by Mr. Sobel, seconded by Mr. Litsch, to approve item 7.A. In a voice vote, the motion passed unanimously (6-0). Motion made by Mr. Sobel, seconded by Mr. Ramiccio,to approve item 7.13. In a voice vote,the motion passed unanimously (6-0). Motion made by Mr. Sobel, seconded by Mr. Ramiccio, to approve item 7.C. In a voice vote,the motion passed unanimously (6-0). 8. Other—None. 9. Comments by Members Mr. Simon mentioned the building location change after Board approval; the 7-Eleven shifted north and Taco Bell moved closer to the road. There was a concern about the community not knowing about the revisions and he questioned where the oversight was. Attorney Swartz advised that sometimes Conditions of Approval do not capture something that was critical during approval. Many times, changes occur because the project goes to a design stage. Mr. Rumpf indicated that Taco Bell had some complications with respect to easements and utilities,which could have caused some modifications to the design. He suggested that critical or contention issues in the Conditions of Approval not be modified through a minor modification process. They would have to go back to the Commission to amend the Conditions of Approval and the Commission could remand it back to the Board for review. Attorney Swartz stated what is approved at Commission level, is what must be submitted for permit, but major modifications of a Site Plan would have to be requested to be brought back to the Board. Page 10 of 89 Meeting Minutes Planning and Development Board Page 8 October 26, 2021 Mr. Rumpf clarified a major modification would have to be brought back before the Board, but a minor would not be brought back. Mr. Litsch questioned if there is an entity in the City that checks landscaping against original plans to see what has been modified. Mr. Rumpf indicated that inspections are conducted during the completion of projects. 10. Adjournment Upon Motion duly made and seconded, the meeting at was adjourned at 7:43 p.m. [Minutes prepared by C. Guifarro,Prototype,Inc.] Page 11 of 89 7.7.A. New Business 11/23/2021 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/23/2021 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve 3518 Ruskin Avenue request for Annexation (ANEX 21-001) of a 0.8-acre parcel located at 3518 Ruskin Avenue. Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Approve 3518 Ruskin Avenue request for Future Land Use Map Amendment from Palm Beach County's Medium Residential Classification with a maximum density of 5.0 dwelling units per acre (MR-5) to Office Commercial (OC). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Approve 3518 Ruskin Avenue request for Rezoning from Palm Beach County's Single-Family Residential (RS) District to Office Professional (C-1). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. EXPLANATION OF REQUEST: The existing site is a vacant parcel located in unincorporated Palm Beach County. The site currently has a Palm Beach County future land use designation of MR-5 and is zoned Palm Beach County RS, which permits up to 5 dwelling units per acre and no commercial uses. The applicant has submitted an application to voluntarily annex the property into the City and change the future land use and zoning to OC and C-1, respectively, which would permit office-type uses at the site. The applicant intends to subsequently submit a site plan application to construct two offices on the site, with one office bay planned for the applicant's architectural design business. Preliminary review of the proposed annexation by staff indicates that it meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on September 10, 2021 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director. County staff reviewed the application and have not identified any inconsistencies with Chapter 171, or conveyed any opposition to the annexation (Exhibit"F".). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 12 of 89 CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Exhibit Exhibit B - Existing Zoning D Exhibit Exhibit C ® Proposed Zoning D Exhibit Exhibit D ® Existing Future Land Use D Exhibit Exhibit E ® Proposed Future Land Use D Exhibit Exhibit F ® County Annexation Review Letter Page 13 of 89 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: November 17, 2021 PROJECT: 3518 Ruskin Avenue AN EX 21-001, LUAR 21-002 REQUEST: Approve 3518 Ruskin Avenue request for Annexation (ANEX 21- 001) of a 0.8 acre parcel, Future Land Use Map Amendment from Palm Beach County's Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to Office Commercial (OC), and Rezoning from Palm Beach County's Single-Family Residential (RS) to Office Professional (C-1) (LUAR 21-002), property located at 3518 Ruskin Avenue. PROJECT DESCRIPTION Property Owner: OFS Property Holdings LLC Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Address: 3518 Ruskin Avenue Location: Northwest corner of Old Boynton Road and Javert Street Existing Land Use: Palm Beach County Medium Residential 5 du/ac (MR-5) Proposed Land Use: Office Commercial (OC) Existing Zoning: Single-Family Residential (RS) Proposed Zoning: Office Professional (C-1) Proposed Use: To be determined Acreage: 0.80 acres Page 14 of 89 Page 2 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 Adjacent Uses: North: Ruskin Avenue, then single-family residences, FLU classification of PBC MR-5 and zoned PBC RS. South: Old Boynton Road, then daycare, place of worship, nursing home, self-storage, FLU classification of Medium Density Residential (MEDR) and OC and zoned Multi-Family Residential (R3) and C- 1. East: Javert Street, then Boynton Beach Mall, FLU classification of Mixed-Use Low (MXL) and zoned Suburban Mixed-Use (SMU). West: ROW "for drainage" (as indicated on plat), then single-family residences, then place of worship (Westside Baptist Church of Boynton Beach, FLU classification of PBC MR-5 and zoned PBC RS. BACKGROUND The existing site is a vacant parcel located in unincorporated Palm Beach County. The site is currently has a Palm Beach County future land use designation of MR-5 and is zoned Palm Beach County RS, which permits up to 5 dwelling units per acre and no commercial uses. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to OC and C-1, respectively, which would permit office-type uses at the site. The applicant has indicated intent to submit an application to construct two offices on the site, with one office bay acting as the offices for the applicant's architectural design business. Preliminary review of the proposed annexation by staff indicates that it meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on September 10, 2021 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director. County staff reviewed the application and have not identified any inconsistencies with Chapter 171 (Exhibit "F".). PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process 2 Page 15 of 89 Page 3 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 per provisions of Chapter 163.3187, Florida Statutes. The final adoption by the City Commission is planned for January 2022. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, whch would not be appropriate once the property is annexed into the City. Furthermore, the parcel's location along a major thoroughfare is unattractive for residential development. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation 3 Page 16 of 89 Page 4 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 into the City concurrently apply for land use amendment and rezoning to the City's land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed C-1 zoning district allows for office and limited retail uses and is intended to serve as a transitional area between residential and higher intensity commercial areas. The site is currently located nearby to more intense uses along the corridor, including a day care, a nursing home, places of worship, and the Boynton Beach mall. This site is located nearby a residential district, therefore the proposed C-1 zoning would provide an appropriate transition from the higher-intensity commercial uses to the residential areas to the north and west of the site, meeting the intent of the zoning district. As such, the proposed Future Land Use Map amendment and rezoning would not create a conflict with the established land use pattern and would result in more desirable and sustainable growth for the community. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and zoning designations will establish a commercially zoned property in proximity to a major east-west arterial in the city. Its position on the arterial road on the edge of a residential neighborhood offer opportunities for complementary land uses. The site is a less than one-half of a mile walk from three bus stops which collectively provide acccess to two bus routes, Route 2 and Route 73. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. The applicant intends to connect a lift station to a public pressure line approximately 450 south of the site. The developer will be responsible for 4 Page 17 of 89 Page 5 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 the cost of any off-site work. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The traffic impact analysis will be submitted to the Palm Beach County Traffic Division at the time of site plan application. The Palm Beach County Engineering Division provided comments (Exhibit "F") during their review of the annexation. The comments include restricting right-of-way access to Javert Street, providing traffic visibility corner clips at each intersection, and transfering the existing street light adjacent to the property to the City for maintenance. Access and corner clips will be finalized during Site Plan review, and the City's Engineering Department is agreeable to the transfer of the street light to the City. Schools. No residential uses are allowed within the C-1 zoning designation, therefore school concurrency is not applicable. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a", "b" and "c". The property will be difficult to develop if a single-family residential zoning is maintained due to its close proximity to an arterial road. A change in future land use and zoning to one that supports commercial is more appropriate along commercial thoroughfares, and is proposed at an intensity which would produce a development in scale with the transitional nature of this corridor's segment. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would. 5 Page 18 of 89 Page 6 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The current future land use and zoning only allows for the establishment of residential uses at a maximum of 5 dwelling units an acre. The proposed future land use amendment and rezoning to C-1 will eliminate residential entitlements but will permit low-intensity commercial uses at the site, which represent a potential to increase the possible intensity of development and number of uses with high probably economic development benefits. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The current future land use designation and zoning is residential. The proposed FLUM amendment and rezoning would increase the amount of land available for commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. Section 2.D.1.e states that "A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district." The proposed zoning 6 Page 19 of 89 Page 7 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 district is a conventional zoning district, therefore this criterion does not apply. The applicant intents to submit an application for a site plan with office space at a later date. Any site plan received will be reviewed against all applicable requirements of Article III. RECOMMENDATION Staff has reviewed the proposed Annexation and Future Land Use & Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. 7 Page 20 of 89 i r I(1(S( t dOI a AV@ g f Pan ' 4 S DC Fk J � Ei ppg x1 OW " tt4 - +, ,A) m 7777 A Q� 7771 1 � yys Of �lj Old Boynton�Rd' k 4 w s i a at# il, a° 411 k 8 ltd• t �,p3 � ] � „'�+ � 'u, r f s AR TON BEACH BpYN � ALM A� 4o COOp �,� B E CAH w"/,111, .; ;a Randora/we " 2 I' U I W m s, ":Quentin"'Ave W } F— a� =RuskinitAve SSI E Old Boynton Rd,M H= I f t t , 1 t VIII I I I I r { t �t 1 r City Boundary 3 r #3 Existing_ t i 9Zoning 4 s, f t s {x i 3 { \_ R _ Multi Family, 11 du/ac_ t r s.. i 4 4 : 1 t i �J 44 , i� C1 OfficeProfessional © IC a � _ 1 C3 Community Commercial „ � SM_ Suburban Mixed U U a ed se 20 du/ac_ _ _ i 1 f } } � Count B Palm Beach y Zoning 9 ,< r O T - 3 t � � r O r_ l fl x_ h,. �J1fe �3t%e (3�rxf� �'e" �e 1{ � o �� E�rz. " ,� •_ Et�►�� H;, ���,"' i`�� r. Agricultural Residential Single Family Residential ::Pandora/we U W m Quentin Ave W F— c� =Ruskim}iAve" SITE f x Py�l S { i r Modified City Boundaryi 3 ` ' x, r t _ Existing Zoning } #1 i S I ff s 4 i Y R3 _Multi Family, 11 du/ac r{ } 4 4 ik t i �J i Office Professional C1 Off a a i x i Commercial , C3 Community Comme I a „ , SMU Suburban Mixed Use 20 du/ac f 1 <{r rr� B As r t t�H . Palm Beach County Zoning _ , } J Agri cultural Residential Single Family Residential C Oaf , • .R- • :• t I 11 1 �'i a ', '1 f 1 i,�.. '», �i,1 t !, Via' u,iii a•i,<�;r��x,!111 t,,,t i:; s f»,„5,,1 I� 1 i 3 t,��}II�,)a1S 1, t 2 ti�tS, ��t, �i�ti , �• • � � 'fl 111 l�„ tis; s�t2 t,r,,21 11111 1�1111111iii ,),1511„i1'llllliiii t�„1 illl I�QI „,, I i 1 } 1 �1 1 I � l �t t i 111 1 L I I I I � i I I � I 1 1 � I I I i 1 � I 1 , II £ 1 II £ 1 I i I I Ott I 1 41 I 41 I I e 0 t I I 11I 1 i � 1 14 � z1 1 I t 1 - 11 1 � I 4 s 1 1 s s I s t } t � � tiy I � 4� f_ i It i s I t I , 1 l 1 k , 1 , l }1 1 14 1 1 r II I I I i k _ l 1 , 1 1 } 1 II I jl r, ii 1 I 1 I } 1 1 1 i 11 , l , r I � 1 1 � i 1 s 1r — I :_•l , -'J III I ',t�� i-i lt�h7�l'1;ter llsi ts)t�, -, ({1 ,,ri�,' , ,,,it}S)?14', (1�t i�,it - � r 1 } :r 1 I 11 1 1 � �4 4 } t s 1_k 4- DRAC 0 40 80 160 240 320 Feet • ma Page 24 of 89 , t , , I , S 1 t \s o ,,�� ,� 1 �� l`,� i s,4�,•1 ll I #t 1,)i.} ! , �: �t ,,,�, . f»,,,4,1 I l 1 i 3 t,v',({•4a1S 1, \ 211tS,�z t.441,,`t \ , • • . yf�� r'- ;1t i'+,i .,c,2 11),11 iiilililillllllli i 4s:, iii lllllllllllll�ll t)�)i41 i I!,L.,\4,;. :4 ii,S,a$ I. !t ; ti ,, ill(,1111 l)l lii iii�li 17);,11 ii 1,I I:�,t t'1 .�4 � iiiiiiiii ,, 1� 1111 1 _q\ )J,I�,.,,1,1, s )t�} 111 III _,tl 'iiiiiiiiiiii ! U i ,3 1 , � t I t � , I f I I � t I I I I 1 t1 I s1 1t t 4 I I � � 4 1� � I 4,•, I 4 l , I 1. II , , 1 I 1 l , 1 i I I I 1 1f 4 I l 1 I t t 1 1 ! S S 141 r ,1 , iI 1, 1 1 11 1 , I l II I I l r l ! ll { ! y Ii r + 4rI I � 11 r � S _ I I t4 I I 4t _ 4 1 I 1 I ! s 1 1 , 4 s I I t 1 S I, 1 II 1 I 1 \ 1 I S I I r t t 1 1 a 1 I — I 11 t J , � �• 1 I 1 ,• I I � � i I � X111 )#`?�i�,'iiilltititill Ii�,��em �If+l a a�;'+1,t,{ ' \� I I t�.,,.k> IIII �t;ill,l I}I,I I��� ,I I I ,•n� I 1 1 :I'�11111 Ili!�l �4II ,{I (tt 11 IIS 4 1 I 1 11 I a I 1 1 I i 1 1 ,11 1 14 I 1 t r I I i s I I I I I t , I t l€ t I J ) I Irk � I ,II � I ,I I ) I I e ) :r � I I I I 1 • , 1 � 1 r I I I I I I I \ 1y 41 l Js l 7 � 1t , ,t1 ,• I I_ 4 1 I I 1 )1 1 r I 1 I 1 , 1 i s • •t I i s I I 11 I I 1 1 ) 1 I 1 1 I I I Itr \ � I I Il I ) ( I I ) I I I rII1 c I I , r I 1 ,� � _, 1 �I �• i _� t V _ I ) _s s I _,•t l _, t ,�1+I� :>,2 iS,1))�1 iii111,�y�11i 711•,1,1111111 14+'IIIIIIIIIII I>> § II 1�,,� Ij, I,I '4r,211te�r.11 Ii1.11114,4 i,,�l� `}44,15,,,,,,, ,1•f I II �� ..qtr}II ,� ill =!\I 111 341 1'i �1, I I Ills')' IIIIIIII Ui t s 1 4 t I s I I ) :r II � 1 � 1I I 4 � 111 I I , I 1 1 , I I 3 1 } 1 s II I s 11 a l I r 1 s l Il 1 f l 11 , I I ,rt � I IiI � �II,.411 _111 II 1 1 11 11 II___:t 5 11 1511 I � ,t 4 f 1 , � _.� €, tl -1 l• III I 11 II sl � _ 11 1 l ) 411 , III 11 t1 r t F t- 0 40 80 160 240 320 � � am e � Feet • Page 25 of 89 $ XQUI' ' ORI�Q` Department of Planning, November 9, 2021 Zoning&Building 2300 North Jog Road Michael Rumpf West Palm Beach,FL 33411-2741 Planning and Zoning Administrator (561)233-5000 Development Department City of Boynton Beach Planning Division 233-5300 100 East Ocean Avenue Zoning Division 233-5200 Boynton Beach, FL 33435 Building Division 233-5 100 Code Enforcement 233-5500 RE: Proposed Annexation Ruskin Ave #3518, 2021-08-001 Contractors Certification 233.5525 Administration Office 233-5005 Dear Mr. Rumpf: Executive Office 233-5228 www.pbcgov.com/pzb Thank you for providing the County advance notice and the opportunity to review the annexation summarized below. ■ Nam F Description Ruskin Ave #3518 Acres: 0.80 Palm Beach County Board of County Location: Northwest Corner of Old Boynton Rd. and Javert St. Commissioners 2021-08-001 11t Reading: TBD 2"1 Reading: TBD Dave Kerner,Mayor Robert s.Weinroth,vice Mayor The proposed annexation was processed through the County's Annexation Review Process. County staff have not identified any inconsistencies with Maria G.Marino Chapter 171, Florida Statutes. County Department staff provided the following Gregg K.Weiss comments: Maria Sachs 1. The Engineering Department staff provided the following comments: Melissa McKinlay a. Right-of-way access to the subject property will be limited to Javert Mack Bernard Street. County staff recommends that the City condition the property to provide corner clips at each intersection. b. Within the designated annexation area, any street lights or related infrastructure currently maintained by the County will be transferred County Administrator to the City for maintenance. City will be collecting the Florida Power and Light franchise fees for the property adjacent to these street lights Verdenia C.Baker once the property is annexed into the city. 2. The Code Enforcement Division staff provided notice that there is a current code enforcement case (#C-2021-08200008) existing on the property due to unauthorized fill without a permit and open storage of trash and debris. An Equal opportunity Affirmative Action Employer" Official Electronic Letterhead Page 26 of 89 Boynton Beach Proposed Annexation A 1Y CQ Ruskin Ave#3518 November 9, 2021 Page 2 ZORI �+ The County remains committed in our efforts to work cooperatively with municipalities. If you have any questions, please contact the following staff: Code Enforcement, Larry Caraccio at 561-233-5576; Engineering Department, Tammy Lee at 561-684-4012; for any other questions or comments, please contact Stephanie Gregory, Principal Planner, at 561-233-5388. Sincerely, Pat icia Behn Planning Director c: Vice Mayor Robert S.Weinroth, Dist.4 Commissioner Lori LaVerriere, City Manager, City of Boynton Beach Patrick W. Rutter,Assistant County Administrator Stephanie Gregory,AICP, Principal Planner, PZB Ramsay Bulkeley, Esq., Executive Director, PZ&B Larry Caraccio, Senior Code Enforcement Officer, PZB Robert P.Banks, Chief Land Use County Attorney Tammy Lee, Engineering Department, PBC t:\planning\intergovernmental\annexations\2022 fiscal year\letters\bb-ruskin ave 3818.docx Page 27 of 89 7.7.B. New Business 11/23/2021 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/23/2021 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that update the City's Sign Standards intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi-tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. EXPLANATION OF REQUEST: This project to update the Sign Code was initiated, in part, as a result of repeated inquiries from businesses and sign contractors related to the stringent nature of the regulations including its lack of flexibility. A City staff team from the Development Department and City Attorney's Office initiated the project with the following targets or objectives: • Logos and graphics flexibility; • Color flexibility; • Flexible Sign Program provisions; • Signage and business trends, and related legal issues (defensibility); • State regulations/preemptions; • Sign setback requirements; • Signage options for secluded industrial pockets; • Changeable copy signage; and • Relief standards or reducing need for variances. Staff has sought input from the various possible "stakeholders" with the placement of notice on the City's website, through presentations to a small group of business leaders from the County's Business Development Board and the Chamber's Governmental Affairs Committee, and e-mailed a notice to 16 sign contractors from the City's permit records, providing a project description and instructions for obtaining the draft changes and providing comments. The various proposed amendments have been organized under the following headings: "Sign Options", "Flexibility & Visibility", "Other" and "Clean-up/House Keeping". It should be emphasized that except for the amendments regarding human signs (a.k.a. "sign walkers" or "sign wavers"), most other notable amendments are intended to benefit the business community with reduced restrictions and added flexibility. The most notable amendments are grouped and listed as follows, with more detailed description of each available in the attached staff report: Sign Options • EMC (aka electronic message centers or digital signs) • "A"-frame signs, canopy signs (body) and deregulating canopy sign rules • Industrial Subdivision Signs, and gas pump canopy signs Flexibility &Visibility • Allow internally-illuminated signs in residential zones • Excluding design enhancements from height measurement • Increasing wall sign area for small buildings Page 28 of 89 • Minimum sign setback standards • I ncentivizing the use of awning signage • Neighborhood signage (planned communities) • Expanding sign color options for non-trademarked businesses • Sign program flexibility and • Signage options for secluded industrial subdivisions Other • Regulating standards for Human Signs • Regulating of historic marker sign and public art markers and signs • Appropriate landscaping requirements for signs • Encouraging/Incentivizing the use or updating of a sign program and • Removal of signs for abandoned businesses Clean-up/"House-keeping" • Exemptions for City signage • Emergency order relief provisions • Relocation of the mural regulations • Regulating miscellaneous items occasionally used to attract attention to a business and • Clarification of the review process for signage See the accompanying staff report for additional summaries of the proposed amendments, or attached Article IV. Sign Standards with the proposed edits shown in crossed-out and underlined text. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None Recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Amendment Amended Sign Standards- Ch 4, Article IV Staff Report Staff Report Page 29 of 89 DRAFT 1 2 ORDINANCE NO. 21- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA AMENDING THE LAND DEVELOPMENT 7 REGULATIONS; AMENDING CHAPTER 4 ENTITLED "SITE 8 DEVELOPMENT STANDARDS," ARTICLE IV ENTITLED 9 "SIGN STANDARDS," AMENDING SECTION 1, ENTITLED 10 "GENERAL," SECTION 2, ENTITLED "CITY APPROVAL 11 REQUIRED," SECTION 3,ENTITLED "PROHIBITED SIGNS," 12 SECTION 4, ENTITLED "STANDARDS," SECTION 5, 13 ENTITLED "COMMUNITY DESIGN," SECTION 6, ENTITLED 14 "SIGN PROGRAM," SECTION 79 ENTITLED 15 "NONCONFORMING SIGNS," SECTION 8,ENTITLED"SIGNS 16 AT ABANDONED BUSINESSES;" REPEALING CERTAIN 17 PROVISIONS, PROVIDING FOR CODIFICATION, 18 PROVIDING FOR CONFLICTS; PROVIDING FOR 19 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 20 DATE. 21 22 23 WHEREAS, City Staff periodically reviews the Code of Ordinances of the City and 24 makes recommendations to the City Commission to revise its Ordinances; and 25 WHEREAS, the City Staff recommends that the City Commission modify and update 26 certain sign regulations in the City's Code of Ordinances; and 27 WHEREAS,the City Commission finds and determines that these sign regulations are 28 intended to regulate signs in a manner so as to not interfere with, obstruct the vision of or 29 distract motorists, bicyclists or pedestrians in order to maintain safe roadway conditions for 30 the general public; and 31 WHEREAS, the City Commission finds that these sign regulations are intended to 32 regulate signs in a manner to protect the public from the dangers of unsafe signs by requiring 33 signs to be constructed, installed and maintained in a safe and satisfactory manner; and 34 WHEREAS,the City Commission intends for these amendments to be interpreted and 35 applied in a manner that is content neutral; and 100471087.3 306-90018211 1 Page 30 of 89 DRAFT 36 WHEREAS, the City Commission of the City of Boynton Beach has determined that 37 it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to 38 approve the amendments to the Land Development Regulations as contained herein. 39 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 40 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 41 Section 1. The foregoing whereas clauses are true and correct and are now ratified 42 and confirmed by the City Commission. 43 Section 2. City of Boynton Beach Land Development Regulations, Chapter 4, 44 "Site Development Standards", Article IV, "Sign Standards", are hereby amended as follows: 45 Chapter 4. Site Development Standards 46 Article IV. Sign Standards 47 48 Sec. 1. General. 49 A. Short Title. This article shall hereafter be known and cited as the "City Sign Code." 50 B. Purpose and Intent. The purpose of this article is to set forth the regulations for the use 51 of signs within the city's jurisdictional limits for site identification, communication, and 52 advertisement. It is the intent of this article to promote the health, safety, convenience, 53 aesthetics, morality, and general welfare of the city by regulating signs in order to meet the 54 following objectives: 55 1. Identification. Promote and aid in the identification and location of an establishment, 56 organization, or neighborhood; 57 2. Aesthetics. Preserve the beauty and unique character of the city by protecting it from 58 visual blight and providing a pleasing environmental setting and community appearance, 59 which is deemed vital to the attraction and retention of business and commerce; 60 3. Land Values. Protect property values by assuring the compatibility of signage with 61 surrounding land uses; 62 4. Safety. Promote general safety and protect the general public from damage or injury 63 caused by, or partially attributed to, the distractions, hazards, and obstructions that result 64 from improperly designed, constructed, maintained, or located signs; 65 5. Compatibility. Ensure that signs are compatible with the surrounding built 66 environment, including adjacent architecture and neighborhoods, and they compliment each 67 other rather than detract from one another; and 68 6. Sustainability. To promote signage and support structures that employ sustainable 69 designs and technologies with respect to their construction, maintenance, and operation (e.g. 70 recycled materials, energy efficient, low energy usage bulbs, etc.). 100471087.3 306-90018211 2 Page 31 of 89 DRAFT 71 C. Administration. The Development Director or designee shall 72 have the authority to interpret and administer this article. 73 D. Applicability. The provisions of this article shall be considered the minimum 74 standards and are applicable to all new signs constructed or displayed after the date of 75 enactment of these Regulations or modification to signs which were permitted prior to the 76 date of adoption of these Regulations. During a declared emergency by the City Manager, 77 there may be temporary relief from the enforcement of this section. 78 E. Exemptions. The permitting requirements and/or standards of this article shall not 79 apply to the following signs however, such signs may be subject to other provisions of 80 these Land Development Regulations: 81 1. Address Sign. A non-illuminated sign, which indicates the address of the site, 82 provided it does not exceed two (2) square feet in area. The sign shall comply with the 83 standards of Section 4.A.9. below. 84 2. Residential Yard Sign. A non-illuminated sign with non-commercial copy located in 85 any zoning district,provided it does not exceed three (3) square feet in area. If proposed as a 86 freestanding structure, the sign shall not be greater than four(4) feet in height and must be 87 located within five (5) feet of a building on a lot; or if there is no building on the lot, the sign 88 must be located at least ten (10) feet from any property line. A Residential Yard Sign is 89 prohibited on undeveloped property and on forward of the front setback line. 90 3. Nameplate or Identification Plaque. A non-illuminated nameplate or identification 91 plaque provided it does not exceed two (2) square feet in area. The plaque shall comply with 92 the standards of Section 4.C.1�6. below-, except that those plaques used to identify historic 93 properties as part of the City's Historic Preservation Program and plaques to identify public 94 artworks and murals as part of the City's Public Art Program, are exempt from the standards 95 of this section. 96 4. Temporary Real Estate Sign. A non-illuminated temporary real estate sign provided 97 it is five (5) square feet or less in area. However, this sign shall comply with the standards 98 of Section 4.13.1. below, which regulates the minimum required setback, allowable location, 99 and maximum size and height. No temporary real estate sign is allowed within a public 100 right-of-way because it would be considered an off-premises sign and is therefore prohibited 101 pursuant to Section 3.K. below. 102 5. Temporary Political Sign. A non-illuminated temporary political sign provided it is 103 less than thirty-two (32) square feet in area. However, this sign shall comply with Section 104 4.13.5. below, which regulates the minimum required setback, allowable location, and 105 maximum size and height. No temporary political sign is allowed within a public right-of- 106 way because it would be considered an off-premise sign and is therefore prohibited pursuant 107 to Section 3.K. below. 108 6. Transit Shelter Sign. A sign located on a transit shelter provided it complies with 109 Section 4.D.2. below and the Building Official determines that compliance with the Florida 110 Building Code is not required. 111 7. Civic/Government General Informational Sign. A sign which is deemed necessary 112 by an appropriate city department or public agency and consisting of non-commercial copy, 113 intended for safety, welfare, or informational purposes. This sign typically includes 1) 114 information pertaining to current or future public improvements and events; 2)traffic, 100471087.3 306-90018211 3 Page 32 of 89 DRAFT 115 railroad crossing, wayfinding, commemorative, and other governmental signage; 3) legal 116 notices,public hearings, and other temporary and non-emergency related signage; and 4) 117 signage identifying caution, danger, or emergency situations. 118 8. Municipal/Government Buildings & Facilities. Signs identifying temporary or fixed 119 city administrative offices, civic buildings, emergency and utility/support facilities. 120 9. City Coordinated/Authorized Business Signage. This could include Industrial 121 Subdivision signage that is in collaboration with the City and that furthers city economic 122 development objectives or initiatives by promoting business retention and attraction. 123 Signage may be placed on city or public property subject to applicable permitting 124 requirements and agreements. Also see Section 4.C.14 for Industrial Subdivision Signage. 125 10. Civil Event Signage— Signs identifying temporary events held by or sponsored by 126 the City or the Community Redevelopment Agency_ 127 8.11. Changing the Copy of a Manual Changeable Copy Sign. Manual changeable copy 128 signs may be allowed as an accessory component to a primary or secondary monument sign 129 pursuant to Section 4.C.2.h. below. The changeable copy portion of a monument sign is 130 exempt from the permitting requirements of this article,provided that such new copy 131 complies with the standards of this article. 132 12. Sign Walkers. A sign held, worn, or operated for the purposes of advertising or 133 otherwise drawing attention to an individual, business, commodity, service or product. A 134 sign walker may also be referred to as a human sign. A permit is not required. 135 Note: In the event any word, sentence, clause, or other portion of this section is 136 determined invalid, then any sign otherwise allowed by this section shall comply with the 137 requirements set forth in this code as if this section was never enacted. 138 F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and 139 definitions which pertain to the regulations and standards contained herein. 140 G. Conflict. Whenever the regulations and requirements of this code conflict with any 141 other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 142 restrictive shall apply,unless otherwise stated herein. 143 H. Severability. Except as for otherwise provided in Section 1.G., Section 3, and Section 144 4, should any section, subsection,paragraph, sentence, clause,phrase, or other part of this 145 article be declared by a court of competent jurisdiction to be invalid, such decision shall not 146 affect the validity of this article as a whole or any article, section, subsection,paragraph, 147 sentence, clause,phrase, or word thereof, other than that so declared to be invalid. 148 L Relieffrom Standards. Unless described otherwise in this Article, any deviation from 149 the sign standards contained herein shall require approval of a variance application, which is 150 subject to review and approval by the City Commission. Any request for a variance shall be 151 reviewed in accordance with Chapter 2, Article 11, Section 4.D. No variance may be granted 152 for any sign expressly prohibited by this article. The City Commission; however, may grant 153 a variance if it finds that the unusual shape or topography of the property or other mitigating 154 factors (e.g., required landscape buffers),prevent signage allowable under the provisions of 155 these Regulations from adequately identifying the business or other activity located on such 156 property. The City Commission may only grant a variance to the following: 157 1. Required Setback. Allow a setback less than that required under the chapter; 100471087.3 306-90018211 4 Page 33 of 89 DRAFT 158 2. Sign Area or Height. Allow the area and/or height of a sign to be increased by tip to 159 twenty-five percent(25%) of the maximum allowable height or area; or 160 3. Number of Signs. Allow the number of signs to be increased over the maximum 161 allowed by this code. 162 J. Sign Standards for Overlay Zones. See Chapter 3. Zoning, Article III, Section 8 for 163 additional standards applicable to business signage within the Overlay Zones of the 164 redevelopment area. Such standards implement recommendations of the Community 165 Redevelopment Plan and when in conflict with any standards in this Article, the overlay 166 district standards shall prevail. 167 Sec. 2. City Approval Required. 168 No signs, including support structures shall be erected, altered, displayed, or modified on 169 private property,public lands, or within city rights-of-way without first securing the 170 necessary city approvals and permits as provided hereunder, except in instances when 171 exempt from these Regulations pursuant to Section I.E. above. The following processes and 172 permits are intended to ensure that all signage complies with the standards of this article: 173 A. Site Plan Review. Except for individually platted lots containing single-family and 174 duplex homes located within single-family and two-family residential zoning districts, the 175 site plan review process shall be required and reviewed in accordance with the procedures 176 set forth in Chapter 2, Article II, Section 2.17. prior to the issuance of any sign permit to erect 177 a new sign to be used for the first time. For the purposes of this subsection, the term "site 178 plan" is construed to include master site plan and technical site plan applications. 179 B. Sign Permit. The sign permit process shall be required, and initiated only subsequent 180 to the approval of a site plan application, except in those instances when site plan review is 181 not required. The sign permit application shall be processed in accordance with the 182 procedures set forth in Chapter 2, Article II, Section S.A.,unless the Building Official 183 determines that compliance with the Florida Building Code is necessary. In these instances, 184 the sign permit shall be processed in accordance with the procedures set forth in Chapter 2, 185 Article IV, Section 3. Any sign, including the support structure, which is erected, altered, 186 displayed, or changed without a sign permit is considered an illegal sign, and shall be subject 187 to the penalties set forth herein. Any sign proposed within a city right-of-way shall require 188 approval from the Engineering Division. The issuance of a sign permit shall not relieve any 189 party from obtaining the necessary permits which may be required by the various federal, 190 state, or local government agencies. 191 Sec. 3. Prohibited Signs. 192 The following signs and related equipment are prohibited in all zoning districts,unless 193 otherwise stated herein: 194 A. Noise Sign. Any sign that produces noise or sounds capable of being heard(excluding 195 voice units at drive-through facilities) and those which emit visible smoke, vapor,particles, 196 or odor. 197 B. Animated or Fluttering Sign. Any sign with visible moving, revolving, flashing, or 198 rotating parts or visible movement of any kind. 199 C. Motion Picture or Video Sign. Any sign with motion picture or video mechanisms 200 used in such a manner as to permit or allow images. This section does not apply to motion 100471087.3 306-90018211 5 Page 34 of 89 DRAFT 201 pictures or video mechanisms that are part of a public artwork as approved by the Art 202 Advisory Board. 203 Pe vagi tgCeii�er-s ( 204 205 206 teehiialegies of methods may iiieltide bttt af:e iiat limited to eathade Fay t-abe (CRT), light 207 effiittiiig diede (LED) displays, plasffia displays, liqttid et=ystal displays (IMCD), ef:Si 208 209 , 210 211 . 212 ED. Mobile Sign. Any sign not permanently attached to a wall, ground, or any other 213 approved supporting structure, or a sign designed to be transported, such as signs transported 214 by wheels, mobile billboards, "A-frame" or sandwich type, sidewalk or curb signs, and 215 unanchored signs, except where otherwise stated in this article. 216 EE. RoofSign. Any sign erected,placed, or affixed 1)to the slope of a hip or gable roof, 217 2) above the roofline or parapet wall; or 3) on rooftop structures, including but not limited to 218 mechanical enclosures, mechanical equipment, or chimneys. All signs shall be located a 219 minimum of six (6) inches below the top of the mansard or parapet wall, where applicable. 220 GF. Snipe Sign. Any sign that is tacked, nailed,posted,pasted, glued, or otherwise 221 attached to trees,poles, stakes, fences, trailers, or other supporting structures, except where 222 otherwise stated for in this article. 223 14G. Painted Wall Sign. Any sign painted on or attached to a wall,excluding murals, which 224 are reviewed sepaf:4el3iii aEeaf:dmieEtiar ^�be and approved by the A+t-s 225 mon Art Advisory Board. A mural is not a painted wall sign, if determined to be a 226 work of art by the Art Advisory Board. 227 I1. Unauthorized Sign. Any sign that has not been properly permitted by the city but 228 located on property owned by or under control of the city. 229 H. Non-Geometric Sign. Any sign structure, shaped to depict figures or demonstrative 230 shapes used to attract attention to the business activity with which the sign is associated, 231 excluding an under canopy or blade sign regulated in accordance with Section 4.C. below. 232 KJ. Off-Premises Sign. Any temporary or permanent off-premises sign, including 233 billboards but excluding those types of signs which may be allowed in limited instances in 234 accordance with this article, including directional signage, or Industrial Subdivision Signage 235 (See Section 4.C. Permanent Signage.) 236 EK. Other. 237 1. Signs attached to or painted on fire escapes, television antennas, satellite dishes, 238 utility poles, or any other associated structure. 239 2. Signs or sign structures supported by visible guy wires, cables or where there is 240 visible electrical conduit. 241 3. Any balloons,pennants, streamers, objects or figures of any shape or the like shall be 242 prohibited if used as a permanent display or temporary sign or as a means of directing 243 attention to any establishment or organization, or to a commodity or service sold, offered, or 100471087.3 306-90018211 6 Page 35 of 89 DRAFT 244 manufactured. The elements described in this section do not contribute to the function or 245 aesthetics of the site, excluding site features aproved through the site plan review process, 246 and/or aproved by the Arts Advisory Board. 247 4. Any stationary or revolving light(beacon) which flashes or projects illumination, 248 single-color or multi-colored, in any manner which is intended to attract or divert 249 attention. This does not include any lighting required by the Federal Aviation 250 Administration (FAA) or similar agencies. 251 5. Any sign which advertises a home-based business (home occupation), excluding 252 those allowed in conjunction with a live/work unit and the corresponding regulations. 253 6. Any illuminated sign designed with bare bulbs, exposed neon tubing, or similar 254 technology, which is not shielded and therefore leaving it exposed and directly visible, 255 except for when used as a window sign and regulated in accordance with Section 5.C.6. 256 below. Neon gibing, bare bulbs, miniature lighting, and similar technologies shall not be 257 used to illuminate or outline building facades, storefronts, door openings, window, or 258 window displays pursuant to Chapter 4, Article VII, Section S.E. 259 7. Any pylon sign as defined in Chapter 1, Article II. 260 8. Any sign and/or sign structure which does not meet all the criteria set forth in this 261 article. 262 Note: In the event any word, sentence, clause, or other portion of this section is 263 determined invalid, then any sign otherwise prohibited by this section shall comply with the 264 requirements set forth in this code as if this section was never enacted. 265 Sec. 4. Standards. 266 A. General. The following general standards shall apply to all signs city-wide: 267 1. Sign Content. 268 a. Obscene. It shall be unlawful for any person to display upon any sign or other 269 advertising structure any obscene or indecent matter. No sign shall display any statement, 270 word, character, or illustration of an obscene nature, as defined by F.S. Chapter 847, as may 271 be amended from time to time. 272 b. Misleading. It shall be unlawful for a person to display false or misleading 273 statements upon signs, intended to mislead the public as to anything sold, any services to be 274 performed or information disseminated. The fact that any sign or display shall contain 275 words or language sufficient to mislead a reasonable and prudent person in reading same, 276 shall be prima facie evidence of a violation of this section by the person displaying the sign 277 or permitting same to be displayed. 278 c. Non-commercial Copy. Any sign authorized in this article may contain non- 279 commercial copy in lieu of any other copy. However, in non-residential zoning districts, the 280 area of a sign containing non-commercial copy shall be construed to count towards the total 281 signage area allowed for the sign type that it most closely resembles. Any sign allowed 282 under this article may contain, in lieu of any other message or copy, any lawful non- 283 commercial message that does not direct attention to a business operated for profit, or to a 284 product, commodity or service for sale or lease, or to any other commercial interest or 285 activity, so long as said sign complies with the size, height, area and other requirements of 286 this article. 100471087.3 306-90018211 Page 36 of 89 DRAFT 287 2. Computation of Sign Area. The sign area shall be expressed in square feet for each 288 sign face. The area of each sign shall be computed as follows: 289 a. Designed as a Freestanding Sign. The total square footage of a sign face is 290 calculated by multiplying the height by the width of a regular rectangular area which 291 encompasses the entire sign face area exclusive of structural supports. When designed as 292 double-faced or multi-faced freestanding sign, the area for a sign with more than one(1)face 293 shall be computed by adding together the area of all sign faces visible from any one (1) 294 point. For multi-faced signs, the area shall be computed by the measurement of one(1) of 295 the faces when: 296 (1) Two (2) identical faces are placed back-to-back so that both faces cannot be 297 viewed from any point at the same time; and 298 (2) Such sign faces are part of the same sign structure and there is no more than a 299 forty-five(45)-degree angle between the faces. 300 b. Affixed to a Building Facade, Fence, or Wall. The area of a sign face shall be 301 computed by means of the smallest square, circle, rectangle, triangle, or combination thereof 302 that will encompass the extreme limits of the writing, representation, emblem, or other 303 display, together with any material or color forming an integral part of the background of the 304 display or used to differentiate the sign from the backdrop or structure against which it is 305 placed, but not including any supporting framework, bracing, or decorative fence or wall 306 when such fence or wall otherwise meets zoning ordinance regulations and is clearly 307 incidental to the display itself. The background area of a wall or facade on which a sign is 308 affixed shall be excluded from the computation of sign area unless the color(s) and/or 309 material(s) of the wall or facade is such that it visually appears or contributes to the effect of 310 a sign or that it explicitly distinguishes itself as different or unique from the greater and 311 remaining portion of the building facade, fence, or wall. 312 (1) Individual Letters. If a sign consists of individual letters, each attached directly 313 to a building or structure without a change in background color, the area of the sign shall be 314 measured by the area of the smallest rectangle or series of contiguous rectangles that enclose 315 all letters or non-word depictions. In addition, the horizontal separation of words shall not 316 exceed twice the maximum letter height. The maximum vertical separation of words shall 317 not exceed sixty percent(60%) of the maximum letter height. 318 (2) Panel or Cabinet Style. If a sign is designed as a panel or cabinet style sign, the 319 total area, including background is included. 320 3. Cross Visibility and Safe-Sight. 321 a. Purpose and Intent. The purpose of this subsection is to promote safety in the 322 placement of freestanding signs (as defined in Chapter 1, Article 11) and those signs posted 323 to freestanding structures where in close proximity to rights-of-way, off-street parking areas, 324 and other vehicular use areas. The intent is to ensure safe and unobstructed views for both 325 pedestrians and motorists. 326 b. Standards. The "safe-sight triangle" is the triangular-shaped area described by 327 the Engineering Design Handbook and Construction Standards (EDHCS). All freestanding 328 signs shall comply with the following cross visibility and safe-sight standards: 329 (1) Visibility at Driveway Openings onto Rights-of-Way or between 330 Properties. Unobstructed cross visibility shall be maintained in the safe-sight triangle where 100471087.3 306-90018211 8 Page 37 of 89 DRAFT 331 parking lot driveway openings and access points occur along rights-of-way or between 332 individual properties. All freestanding signs may be allowed within the safe-sight triangle 333 provided that unobstructed cross-visibility is maintained thirty (30) inches above the 334 pavement, measured from the abutting right-of-way or cross-access drive, whichever is 335 applicable. 336 (2) Visibility at Corners of Rights-of-Way. Freestanding signs shall not obstruct 337 cross visibility within twenty-five(25) feet of the intersection of two (2)right-of-way lines 338 pursuant to Chapter 4, Article VIII, Section 3.C.4.u. 339 (3) Visibility along State Roads. The placement of a sign shall not cause any traffic 340 line-of-sight obstruction and must comply with the visibility requirements of Florida 341 Department of Transportation (FDOT) Standard Index No. 546 or the latest supplement 342 thereof. 343 4. Traffic Hazards. No sign or structure authorized by this article shall be designed 344 and/or erected in such a manner to obstruct free and clear vision; to be confused with any 345 authorized traffic sign, signal, or device; or to otherwise confuse motorists or pedestrians by 346 reason of its position, shape, color, or content. For example, signs which may be confused 347 with authorized traffic signs, signals, or devices may include but are not limited to those 348 which makes use of the words "stop", "look", "danger", or any other word,phrase, symbol, 349 or character that interferes with, misleads, or confuses motorists. Furthermore, no sign shall 350 be erected, constructed, or maintained so as to obstruct any fire fighting equipment or 351 infrastructure,unless otherwise approved by the Fire Maf:shal Chief. 352 5. Setbacks (Minimum). Unless stated otherwise in this article, signs shall be setback at 353 least ten (10) feet from all property lines, measured from the property line to the closest 354 surface of the sign. The minimum setback may be reduced to five (5) feet by the 355 Development Director or designee, if determined that the reduction is justified for purpose of 356 visibility, and meets the intent and objectives of this article or other articles in the Land 357 Development Regulations that may relate to safety, visibility and urban design. Specifically, 358 the location of the sign should not be within the clear site triangle of driveways and roadway 359 intersections, block views to traffic control signage or bus stops, result in the elimination of 360 project landscaping or amenities, or conflict with the intended streetscape and pedestrian 361 environment. 362 6. Wind Load. All signs and other advertising structures shall be designed and 363 constructed to withstand weather conditions, wind and dead loads as required by the Florida 364 Building Code or other ordinances of the city. 365 7. Unlawful or Unsafe Signs. If it is determined that any sign, or structure supporting a 366 sign, regulated herein is unsafe or is a menace to the public, or has been constructed or 367 erected or is being maintained in violation of the provisions of these Regulations, the city 368 shall give written notice to the owner thereof. If the owner fails to remove or alter the sign 369 or structure so as to comply with the standards set forth herein within the time prescribed in 370 the notice, such sign or structure may be removed or altered to comply by the city at the 371 expense of the permittee or owner of the property upon which the sign or structure 372 supporting the sign is located. The city may cause any sign or structure supporting a sign 373 which presents a direct and immediate peril to persons or property to be removed without 374 notice to the property owner. 100471087.3 306-90018211 9 Page 38 of 89 DRAFT 375 8. Maintenance. The owner of any sign and structure supporting a sign, as defined and 376 regulated by this article shall be required to properly maintain such sign and structure. For a 377 sign to be properly maintained, the sign, together with its framework, braces, angles, or other 378 supports shall be in a safe condition,properly secured, supported and braced. 379 9. Overhead Clearance. A sign projecting over apedestrian walkway shall maintain a 380 minimum overhead clearance of nine(9) feet in height. A sign projecting over a vehicular 381 use area shall maintain a minimum overhead clearance of fourteen (14) feet—six (6) inches 382 in height. 383 10. Property Address. All properties shall be identified with the respective property 384 address pursuant to City Code of Ordinances Part II, Chapter 10, Article IV (Property 385 Maintenance Requirements). In addition, the following sign standards shall apply: 386 a. Size. The numbers and/or letters associated with each address shall consist of 387 characters which are four (4) inches for residential properties and six (6) inches for multi- 388 family or non-residential properties. 389 b. Computation of Sign Area. Numbers and/or letters, which are associated with the 390 address of the property, shall not count towards the total signage area of the sign. An 391 address sign, designed in accordance with paragraph "a" above and Section 1.E.1. above, 392 shall be exempt from the permitting requirements of this article. However, any sign that 393 contains the property address and is larger than two (2) square feet in area shall require a 394 sign permit. This sign shall be regulated by the standards for the type of sign with which it 395 most closely resembles. 396 c. Location of Address on Monument Signs. The property address shall be included 397 on each monument sign. The location of the address shall beIp aced wed at the top of 398 the sign and visible from abutting rights-of-way. 399 11. Illuminated Signs. 400 a. National Electric Code. All illuminated signs shall be subject to the provisions of 401 the National Electric Code. Signs that are illuminated from an exterior source shall be 402 designed and/or shielded in such a manner so that no direct source of light is visible from 403 off-site. 404 b. Prohibition in Residential Zoning Districts. All internally-illuminated signs are 405 prohibited in residential zoning districts except for an internally-illuminated sign that abuts 406 a collector or arterial roadway. Signs may be uplit from dusk until dawn but in no case shall 407 the uplighting spill over or glare onto adjacent properties. The uplighting shall not be 408 excessive to the extent that it would be incompatible with the existing lighting levels within 409 the surrounding homes and neighborhoods. 410 c. Illumination Level. Illuminated signs, support structures, and external lighting 411 sources shall not create conditions of glare,particularly visible from residential land uses or 412 by passing motorists,and must be designed to further the objectives of this article as they 413 relate to safety, function, energy usage, and aesthetic value. In multiple-tenant 414 developments, the illumination level of each sign must be consistent with each other(and 415 abutting properties) and no one (1) sign shall be conspicuously brighter than the other so as 416 to draw more attention to it. The illumination levels of signs within single-tenant 417 developments shall be compatible with the lighting levels of signage on abutting properties. 100471087.3 306-90018211 10 Page 39 of 89 DRAFT 418 d. Neon Tubing, Bare Bulbs, and Miniature Lighting. Neon, bulbs, miniature 419 lighting, CRT, LED, LCD, and similar technologies may be utilized as a component of any 420 internally-illuminated sign permitted in this article. However, the light source of all such 421 signs, excluding window signs, must be completely shielded. See Section 5.C.3. below for 422 additional community design standards regarding internally-illuminated window signs. 423 12. Crime Prevention Through Environmental Design (CPTED). See Chapter 4, Article 424 III, Section 12.B. for additional regulations regarding signs and CPTED guidelines. 425 Note: In the event any word, sentence, clause, or other portion of this section is 426 determined invalid, then any sign otherwise allowed by this section shall comply with the 427 requirements set forth in this code as if this section was never enacted. 428 B. Temporary Signs. It shall be unlawful to affix, erect, locate, or maintain any 429 temporary sign off-premises unless otherwise authorized under this subsection. Temporary 430 signs shall be allowed in accordance with the following provisions: 431 1. Real Estate Sign. A temporary real estate sign is allowed on private property for the 432 purpose of advertising the sale or lease of such property. The sign(s) shall comply with the 433 following standards: 434 a. Maximum Number, Size and Height(Table 4-11). Project Size Sign Area(Aggregate)— Sign Height— Number of Signs— Maximuml Maximum Maximum Single-family and multi-family(less 5 s.f. 6 feet 1 per street frontage than 10 dwelling units) Multi-family(10 dwelling units or 16 s.f. 6 feet 1 per street frontage more) All non-residential developments' 16 s.f. 6 feet i per street frontage 435 436 1 Based upon the aggregate signage area of all temporary real estate signs located within a 437 particular lot or development. 438 ' For the purpose of this subsection, non-residential districts include commercial, industrial, 439 mixed-use, and miscellaneous zoning districts. 440 b. Setbacks. See Section 4(A). ft-g r' ��*m2rm 2r ?mmrm�*r�*mm �'_m y---- 441 filed with th 442 co...... ............. . .�_.. ......�i--c�"ciairci�.............................................................................................................................................................................................................. z 443 c. Exemptions. A temporary real estate sign that is five (5) square feet or less in area 444 is exempt from the permitting requirements of this article pursuant to Section LEA. above. 445 d. Duration. A temporary real estate sign permit shall be valid for one hundred eighty 446 (180) days. 447 e. Prohibited in Required Landscape Strip. A temporary real estate sign is not 448 allowed within the required landscape strip that abuts a right-of-way. See Chapter 4, Article 449 II, Section 4 for additional standards regarding landscape strips abutting rights-of-way. 450 2. Project Development Sign. 100471087.3 306-90018211 11 Page 40 of 89 DRAFT 451 a. General. A temporary project development sign or banner is allowed on properties 452 located within planned and multi-family residential zoning districts, and for all non- 453 residential developments, for the purpose of describing the anticipated development during 454 the construction process. This signage typically identifies the proposed name of the 455 development and basic information, such as its pricing, square footage,projected completion 456 date, identification of major tenants, and the like. It may also consist of graphics, such as 457 illustrations of the subject development. 458 b. Maximum Number, Size and Height(Table 4-12). A project development sign or 459 banner is allowed as a freestanding structure or it may be affixed to a temporary construction 460 trailer. The following standards shall apply: Project Size Sign Area(Aggregate) — Sign Height— Number of Signs— Maximum Maximum Maximum Less than 10 125 s.f. 15 feet 12 acres Greater than 10 250 s.f. 15 feet 23 acres 461 462 1 If affixed to the side of the temporary construction trailer, the sign or banner shall not be 463 greater than fifteen (15) feet in height or exceed the height of the trailer, whichever is less. 464 2 A second sign or banner may be allowed if warranted by unique circumstances, such as 465 the number of street frontages or access driveways; however, the aggregate signage area 466 shall not exceed one hundred twenty-five(125) square feet within a particular development. 467 3 Additional signs or banners may be allowed if warranted by unique circumstances, such 468 as the number of street frontages or access driveways,provided the aggregate signage area 469 between all signs and banners do not exceed two hundred fifty (250) square feet within a 470 particular development. 471 c. Duration. The temporary project development sign permit shall be valid for one 472 hundred eighty (180) days. No permit shall be issued until a site plan has been approved for 473 the development. For the purpose of this subsection, the term "site plan" is construed to 474 include master site plan and technical site plan applications. The sign or banner is subject to 475 removal if construction has not commenced or is substantially abandoned, as evidenced by a 476 lack of inspections and/or other pertinent conditions. The sign or banner shall be removed 477 prior to final building inspection. 478 3. Construction Sign. 479 a. General. A temporary construction sign or banner is allowed on all properties 480 during the construction period for the purpose of advertising the active participants and 481 stakeholders of a project. This signage typically identifies the names and phone numbers of 482 associated developers,planners, architects, engineers, contractors, subcontractors, financiers, 483 and the like. 484 b. Standards. At construction sites, a temporary construction sign or banner is 485 allowed to be installed in accordance with the following methods: 1) on the temporary 486 security and safety fencing or other types of barriers that are required and approved by the 487 Building Official; 2) as a freestanding structure; or 3) affixed to a temporary construction 100471087.3 306-90018211 12 Page 41 of 89 DRAFT 488 trailer. The sign or banner shall not exceed thirty-two (32) square feet in area or be greater 489 than six (6)feet in height. However, if affixed to the side of a construction trailer, the height 490 of the sign or banner shall not be greater than fifteen (15) feet or exceed the height of such 491 construction trailer, whichever is less. 492 c. Duration. The temporary construction sign permit shall be valid for one hundred 493 eighty (180) days. No permit shall be issued until an application is submitted for a 494 construction-related permit. The sign or banner is subject to removal if construction has not 495 commenced or is substantially abandoned, as evidenced by a lack of inspections and/or other 496 pertinent conditions. The sign or banner shall be removed prior to final building inspection. 497 d. Temporary Security Fencing. Temporary security fencing around construction 498 sites may contain screening material enhanced with lifestyle graphics, images, pietef:als 499 pictorials, wraps,photographs, or a combination thereof. However, the screening materials 500 shall not conflict with the original intent for such fencing, mesh, or related materials, which 501 is to offer protection from dust, debris, and other airborne particulate matter(pursuant 502 to Chapter 3, Article V, Section 2.17.). See Section 5.C.1. below for additional community 503 design standards regarding lifestyle graphics on temporary fencing and barriers around 504 construction sites. 505 4. Banners. 506 a. New Development. 507 (1) A temporary banner, not to exceed twenty (20) square feet, is allowed for a 508 maximum of one(1)year for a new multi-family residential development or non-residential 509 use. The permit to allow for such banner shall only be issued once a certificate of occupancy 510 has been approved for the project. 511 (2) For multi-family residential developments and projects located in mixed use 512 zoning districts, an additional banner of equal size and shape may be allowed,provided that 513 both are placed at the main point of vehicular ingress/egress. This placement and symmetry 514 may be repeated at one (1)project entrance per frontage with a maximum number of two (2) 515 banners per entrance and maximum height of fifteen (15) feet. 516 b. Existing Development. A temporary banner, not to exceed twenty (20) square feet, 517 is allowed for existing multi-family developments and non-residential uses. This banner is 518 allowed for a maximum of ninety (90) days within a one(1)-year period. 519 c. Landscaping. Banners, if placed within the landscape strips abutting rights-of-way 520 or perimeter landscape buffers, shall not be attached to any trees or shrubs. In these 521 instances, banners shall be placed behind the shrub line and their location must comply with 522 the cross visibility and safe sight standards of Section 4.A.3. above. 523 d. Miscellaneous. All banners, regardless of location, shall be removed within twelve 524 (12)hours upon the posting of a tropical storm or hurricane watch. Banners may be used in 525 the following types of temporary signage: 1)project development signs; 2) construction 526 sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) Special Event 527 sign. The provisions of this subsection do not apply to the aforementioned type of 528 temporary signs. See the appropriate subsections of Code and their respective regulations 529 for each type of aforementioned sign. 530 5. Political Sign. With consent of the property owner, a temporary political sign is 531 allowed on private property during the period preceding any local, state, or national 100471087.3 306-90018211 13 Page 42 of 89 DRAFT 532 election. No political sign is allowed within rights-of-way or on city-owned property. In 533 addition,political signs shall meet the following standards: 534 535 a. Maximum Number, Size and Height(Table 4-13). 536 Project Size Sign Area(per Sign Area Sign Height— Number of sign) — (Aggregate) —Maximum' Maximum Signs— Maximum Maximum' Single-family and multi- 5 s.f. 20 s.f. 4 feet Multiple family(less than 10 dwelling units) Multi-family(10 5 s.f. 32 s.f. 4 feet Multiple dwelling units or more) Non-residential 5 s.f. 32 s.f. 4 feet Multiple developments (less than 5 acres)' Non-residential 32 s.f. 75 s.f. 6 feet Multiple developments (5 acres or more)' 537 538 1 Based upon the aggregate signage area of all temporary political signs located within a 539 particular development. 540 2 A development is allowed to have multiple signs. However, the total aggregate signage 541 area shall not exceed the maximum allowed within that particular development. 542 3 For the purpose of this subsection, non-residential districts include commercial, industrial, 543 mixed use, and miscellaneous zoning districts. 544 b. Setbacks. . 545 r;� ,�� ni.,,,,,;,, ,,,a �.^.N,..... .. .�.,`._,.................................................^.Y�_^.N..^_Q...T...._,.,-�....c..Q.^.*,..^.N..._1.....T_ apee eetiep 546 c,16IH6kqF64. See 4 . (A� .. 547 c. Exemptions. A temporary political sign that is thirty-two (32) square feet or less is 548 exempt from the permitting requirements of this article pursuant to Section 1.E.5. above. 549 6. Special Sales Event Sign. 550 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 551 Section 6), it shall be unlawful for any establishment to display retail merchandise outside a 552 principal building without first having secured a permit for a special temporary sales 553 event. The purpose and intent of these Regulations is to establish minimum requirements for 554 signage related to a special temporary sales event. 555 b. Sign Permit Required. See Chapter 2, Article 11, Section 5.E. for additional 556 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 557 Division. 100471087.3 306-90018211 14 Page 43 of 89 DRAFT 558 c. Size. The size of a sign or banner associated with a special temporary sales event, 559 and in direct view from any public right-of-way, shall not exceed twenty (20) square feet. 560 d. Location. The sign or banner shall not be located within 1)the building setback; 2) 561 landscape strip abutting rights-of-way; 3)perimeter landscape buffer; or 4) located off- 562 premises within a right-of-way. In all instances, the location of the sign or banner shall 563 comply with the cross visibility and safe-sight standards of Section 4.A.3. above. 564 e. Duration. The special temporary sales event sign shall be valid for the duration of 565 the special temporary sales event. 566 f. Miscellaneous. 567 (1) All signs and banners shall be removed within twelve(12) hours upon the 568 posting of a tropical storm or hurricane watch. 569 (2) Any property owner desiring to obtain a sign permit in order to sell Christmas 570 trees,pumpkins, or fireworks as an accessory use would need to obtain a seasonal sales 571 event permit, which is regulated separately in accordance with Section 4.13.7. below. 572 7. Seasonal Sales Event Sign. 573 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 574 Section 7), it shall be unlawful for any establishment or organization to display Christmas 575 trees,pumpkins, or fireworks outside a principal building without first having secured a 576 permit for a seasonal sales event. The purpose and intent of these Regulations is to establish 577 minimum requirements for signage related to a seasonal sales event. 578 b. Sign Permit Required. See Chapter 2, Article 11, Section 5.A. for additional 579 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 580 Division. 581 c. Size. The size of a sign or banner associated with a seasonal sales event shall not 582 exceed twenty (20) square feet. The size restriction is not aplicable to signage that is a 583 permanent part of temporarily approved structures, including but not limited to, tents or 584 vehicles that are associated with the event, or banners not visible from any public right-of- 585 way. 586 d. Location. The sign or banner shall not be located within 1)the building setback; 2) 587 landscape strip abutting rights-of-way; 3)perimeter landscape buffer; or 4) located off- 588 premises within a right-of-way. In all instances, the location of the sign or banner shall 589 comply with the cross visibility and safe-sight standards of Section 4.A.3. above. 590 e. Duration. The seasonal sale event sign shall be valid for the duration of the 591 seasonal sales event sign. 592 f. Miscellaneous. 593 (1) All signs and banners shall be removed within twelve (12)hours upon the 594 posting of a tropical storm or hurricane watch. 595 (2) Any property owner desiring to obtain a sign permit in order to sell Christmas 596 trees,pumpkins, or fireworks as an accessory use would need to obtain a seasonal sales 597 event permit, which is regulated separately in accordance with Section 4.13.7. below. 100471087.3 306-90018211 15 Page 44 of 89 DRAFT 598 7. Seasonal Sales Event Sign. 599 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 600 Section 7), it shall be unlawful for any establishment or organization to display Christmas 601 trees,pumpkins, or fireworks outside a principal building without first having secured a 602 permit for a seasonal sales event. The purpose and intent of these Regulations is to establish 603 minimum requirements for signage related to a seasonal sales event. 604 b. Sign Permit Required. See Chapter 2, Article 11, Section S.A. for additional 605 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 606 Division. 607 c. Size. The size of a sign or banner associated with a seasonal sales event shall not 608 exceed twenty (20) square feet. 609 d. Location. The sign or banner shall not be located within 1)the building setback; 2) 610 landscape strip abutting rights-of-way; 3)perimeter landscape buffer; or 4) located off- 611 premises within a right-of-way. In all instances, the location of the sign or banner shall 612 comply with the cross visibility and safe-sight standards of Section 4.A.3. above. 613 e. Duration. The seasonal sale event sign shall be valid for the duration of the 614 seasonal sales event sign. 615 f. Miscellaneous. All signs and banners shall be removed within twelve (12) hours up 616 on the posting of a tropical storm or hurricane watch. 617 8. Vehicle Display Sign. Motor vehicles displaying business names, addresses, 618 telephone numbers, email address, website information, contractor certification numbers, 619 logos or similar information, or which contain signage of any kind on vehicle surfaces shall 620 not be parked or stored in the row of parking stalls or in any area within twenty-five(25) feet 621 of the front property line for longer than four(4) hours within a twenty-four(24)-hour 622 period. However, this type of advertising on vehicles shall not apply under the following 623 circumstances: 624 a. Vehicles, in the process of making a temporary delivery to a residence, 625 establishment, or organization (i.e. U.S. Postal Service, UPS, Federal Express, DHL, 626 Airborne, etc.); 627 b. Vehicles used in conjunction with a special promotion and possessing a valid 628 permit; 629 c. Vehicles containing advertising signs which are less than eight(8) square feet in 630 area and letters that are less than eight(8) inches in height; 631 d. Vehicles used for public transportation; and 632 e. Vehicles parked on private properties located in industrial zoning districts,unless 633 parked or stored in off-street parking areas that abut an arterial or collector roadway. 634 9. Special Event Sign. Any sign or banner proposed in conjunction with a Special 635 Event is regulated separately and shall comply with City Code of Ordinances Part II, 636 Chapter 13, Article I, Section 13-20. 637 10. Feather Banners. 100471087.3 306-90018211 16 Page 45 of 89 DRAFT 638 a. Terms and definitions. 639 A feather banner is a style of temporary lightweight sign comprised of partial metal 640 or plastic frame,pole, and/or base to which a vinyl, nylon, canvas or polyester fabric sign 641 face is attached. Depending on the shape and type of movement, such signs may also be 642 called a "flutter," "tear drop," "flying," "wing," "bow," "blade," "rectangular" banner, etc. 643 Height/size standards - A maximum height of ten (10) feet six (6) inches overall 644 measurement including support portion of sign, and a maximum width of thirty (30) inches. 645 b. Materials. The sign face shall be nylon,polyester vinyl or canvas and neither the 646 sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. 647 c. Number of banners. 648 (1) Along business or shopping center frontage: one(1) feather banner per business 649 (as evidenced by business tax receipt)per three hundred (300) feet(or less) of linear street 650 frontage. A minimum of one (1)banner shall be allowed along the frontage if linear frontage 651 is less than three hundred (300) feet. Where more than one frontage exists, the linear 652 dimension shall be cumulative, and the permitted banner may be placed along either 653 frontage. 654 (2) Banners placed on or within five(5) feet from the building facade or supporting 655 components: one(1) feather banner per business (as evidenced by business tax receipt). 656 (3) Only one (1)banner(i.e., feather or fixed banner as provided for in Section 657 3.13.4.) shall be permitted and displayed per business at any one (1)time. 658 d. Location. Feather banners shall not be placed within the sight triangle of driveways 659 or intersections, shall not be attached to landscaping materials, and must be placed behind 660 the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the 661 property line, except that the setback may be less than ten (10) feet if still placed, as 662 described herein, within an existing landscape buffer with a continuous hedge row. Banners 663 shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block 664 parking spaces or drive aisles. Banner placement may not interfere with pedestrian 665 movement. 666 e. Duration. The maximum display period shall be ninety (90) days per twelve (12)- 667 month period, except that feather banner permits may be issued for one(1) additional 668 display period contingent upon there being available space based on the maximum number 669 of banners allowed per property as described above. In order to ensure priority treatment of 670 first-time applicants, a permit for an additional ninety (90)-day display period may be 671 requested after seven (7) working days following permit expiration, if there remains capacity 672 on the property for the additional banner. If desired by a first-time applicant for a feather 673 banner, applications shall be held by the city in queue for the next available display period 674 based on the expiration dates of existing permits. Complete, first-time applications will be 675 processed and held on a first-come, first-served basis. The duration period shall run for 676 consecutive days. 677 f. Application. An application shall be required for each banner, shall include a 678 scaled plan or drawing that identifies the location of and setback for the proposed banner, 679 and indicates the length of the property frontage if banner is to be placed greater than five 680 (5)feet from the building where the subject business is located. The application shall be 681 signed by the business owner and the property owner. 100471087.3 306-90018211 17 Page 46 of 89 DRAFT 682 g. Fee requirements. Permit applications shall be processed following the same 683 process used for processing other zoning permits, with a fee based on reviewer wage and 684 review time. The minimum fee for each application shall be fifty dollars ($50.00). 685 h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of 686 the ninety (90) day permit,provided the applicant surrenders the original permit. 687 i. Penalties. Fifty dollars ($50.00)per day or portion of a day for each banner 688 displayed without a permit or after the expiration of a permit. 689 Note: In the event any word, sentence, clause, or other portion of this section is 690 determined invalid, then any sign otherwise allowed by this section shall comply with the 691 requirements set forth in this code as if this section was never enacted. 692 11. Sign Walkers. Sign Walkers are allowed in all zoning districts where the 693 corresponding aproved business is located. A business is limited to displaying one sign at a 694 time, and sign and display process must meet the following criteria and limitations: 695 a. Location. Sign Walkers shall: 696 i. Be located outside the clear sight triangle which for this purpose shall be a 697 minimum of 30 feet from a street or driveway intersection measured from 698 the back of the curb or edge of pavement if no curb exists. 699 700 ii. Be located a minimum of 5 feet from the street measured from the back of 701 curb or edge of pavement if no curb exists to avoid interference with 702 motorized or non-motorized vehicles. 703 704 iii. Yield right-of-way to pedestrians, bicycles and all others traveling or 705 located on the sidewalks. 706 707 b. Prohibited locations. Sign walkers shall not be located: 708 - 709 i. In raised or painted medians. 710 711 ii. In parking aisles or stalls. 712 713 iii. In driving lanes or driveways. 714 715 iv. So that less than a minimum of 4 feet is clear for pedestrian passage on all 716 sidewalks and walkways, or so as to cause a hazard to pedestrian traffic. 717 718 V. On any object or structure intended to raise the height of the sign holder or 719 the sign, including but not limited to fences, boulders,planters, other sib 720 vehicles, utility facilities. 721 722 vi. Within a minimum distance of 20 feet from any other signwalker. 723 724 vii. In a manner that results in sign walkers physically interacting _with 725 motorists, pedestrians, or bicyclists. 726 727 C. Display. Sign shall be: 100471087.3 306-90018211 18 Page 47 of 89 DRAFT 728 729 i. Displayed only when the business is open or operating. 730 731 ii. Held, worn or balanced at all times and not twirled, spun, or tossed out of the 732 hands of the holder. 733 734 d. Elements prohibited. The following shall be prohibited: 735 736 i. Any form of illumination, including flashing, blinking, orrotating, 737 738 ii. Animation on the sign itself, 739 740 iii. Mirrors or other reflective materials, 741 742 iv. Attachments, including, but not limited to, balloons, ribbons,speakers, or 743 any posts,poles or other device or object used to extend, wave or move the 744 sign away from sign walker. 745 e. Penalties. Fifty dollars ($50.00)per day or portion of a day for each violation 746 of this Section. . 747 12. A-frame signs (aka sandwich boards) 748 a) Definition and Purpose. A-frame signs are temporary signs used to make 749 pedestrian traffic aware of business locations and available merchandise and/or services. A- 750 frame signs may also accent shopping plazas or pedestrian ways within the downtown, 751 contributing to the visual interest of retail and restaurant environments along the public 752 streetscape. 753 b) Design. A-frame signs must be designed to be free-standing, with duality 754 material, adequate mass, and locking or other stabilizing devices to withstand common 755 wind conditions. The maximum height is 42 inches measured from the top down to the 756 pavement surface. An A-frame sign is excluded from the calculation of a business's total 757 signage area. 758 c) Number. One sign may be permitted for each business. Where more than one 759 business is approved by the City for a single leased space, the principal use for the space is 760 allowed an A-frame sign. 761 d) Location. Allowed on sidewalks positioned to leave an unobstructed 762 pedestrian corridor of 5 feet except a greater corridor width may be required at a project 763 developed within a mixed-use zoning district, as approved as part of the corresponding Sign 764 Program. The sign must be in immediate proximity to the subject business entrance and not 765 placed intentionally to attract the attention of passing motorists. The sign must not block 766 building entrances or exits, or accessible routes to the building. The sign must not be 767 mounted to, or leaning against any part of the building, other signage or sign poles, or site 768 landscaping. No objects of any kind shall be attached to or hung from the sign. 769 e) Display period. Signs are only to be displayed during the hours of operation 770 of the subject business, and stored out of view when the business is closed or during period 771 of high winds. The signs shall be removed and stored within the building when not 772 displayed. 773 f) Maintenance. Signs must be kept clean, structurally sound, and in visually 774 appealing condition at all times. 100471087.3 306-90018211 19 Page 48 of 89 DRAFT 775 g) Removal. The signs must be removed when weather conditions would 776 prevent the sign from standing properly on its own. 777 h) Approval. Signs must be included within a development's sign program that 778 is approved by the Development Services Department. For single-tenant properties that are 779 not regulated by a sign program, the City or the Community Redevelopment Agency shall 780 establish a standard A-frame sign model to be allowed at stand-alone buildings located 781 within the Community Redevelopment Area. 782 C. Permanent Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent 783 sign off-premises unless otherwise authorized under this subsection. Permanent signs shall 784 be allowed in accordance with the following provisions: 785 1. Wall Sign (Affixed to Building). Zoning District Ratio of Maximum Allowable Signage Area Sign Area Building Frontage (square feet) Residential 1 s.f. s 1-foot Single-Family districts 1 R-2 1 PUD 1 R-3 2 IPUD 2 CBD Industrials Commercial, excluding CBD 1_5 s.f.3 1-foot 3,4 Mixed Use Miscellaneous 786 a. General. One (1) or more wall signs, which typically advertises the name of the 787 establishment, organization,product, or service, are allowed on the facade of a building, 788 provided such sign(s) and supports do not extend in excess of eighteen (18) inches off of the 789 face of the building wall, beyond the building corner, or at all above the parapet. An 790 exception may be made for architectural elements that provide a roofline break such as an 791 entry feature with a minimum offset forward of the typical building wall of three (3) feet. 792 b. Maximum Sign Area(Table 4-14). The maximum allowable wall sign area is a 793 factor of the zoning district within which a building is located and the length of such 794 building. Specifically, it shall be based on the ratio of wall and to each linear foot of building 795 frontage or tenant space frontage. 796 1 Wall signs are allowed for nonresidential developments within the following: 1) single- 797 family residential districts; 2)the R-2 and PUD districts; and 3) all developments containing 798 multiple-family residential uses (in excess of ten (10) dwelling units). The cumulative 799 signage area shall not exceed thirty-two (32) square feet. The top of the sign(s) shall not 800 exceed the height of ten (10) feet. 801 2 Wall signs are allowed within all developments containing multi-family residential or 802 non-residential uses. 100471087.3 306-90018211 20 Page 49 of 89 DRAFT 803 3 Pttfstta-Rt -fief .G.2 fThe maximum wall sign area may be increased by ten 804 percent(10%) to allow for additional signage on rear facades of multiple-tenant buildings 805 within non-residential developments (see Section 5.C.2.d below), and for standalone 806 commercial buildings with property frontage 50 feet wide or less, maximum sign area is 807 increased to 2.0 s.f. per 1 foot of frontage. 808 4 For a multiple-tenant building designed as an indoor shopping mall, the maximum 809 allowable wall sign area may be increased,provided the total signage area(per wall of a 810 major department store or center store containing an exterior customer entrance) does not 811 exceed ten percent(10%) of the area for each facade. 812 5 Non-industrial businesses allowed in an industrial zoning district on an arterial right-of- 813 way under the zoning regulations would be allowed a multiplier of one and one-half(1.5) 814 square foot of wall signage per one (1) foot of building frontage. 815 c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of 816 multiple-story buildings, but only in the following instances: 1)the building is designed for 817 and contains multiple tenants or occupants, and the entrance doors for such tenants or 818 occupants (on upper floors) are designed external to the building; or 2)the sign, which 819 indicates the name of the building or its major tenant, is placed near the top of the building 820 regardless of any external doors on upper floors. In both instances however, the signage is 821 considered "wall sign (affixed to building)," and shall count toward the aggregate wall 822 signage area. Wall signs located on upper floors, excluding the building or major tenant 823 name as identified above, shall be located in front of each tenant space or bay. 824 d. Community Design Standards. See Section 5.C.2. below for additional community 825 design standards regarding wall signs. 826 2. Monument Sign. 827 a. Purpose and Intent. The purpose of this subsection is to ensure order, safety, and 828 unobstructed views for both pedestrians and motorists. The intent is to specifically prevent 829 project signage from lowering the level of safety and aesthetic quality of the streetscape 830 environment through appropriate and uniform restrictions on size and placement. 831 b. Computation of Height. The methodology for measuring the height of a monument 832 sign shall be in accordance with the definitions (see "Signs, Height" in Chapter 1, Article 833 II). However, f^r the piifpase of this s4seetiaii, the height shall e ,.',,,aa th4ose portions of 834 the sign devoted to displaying the property address and enhancing the physical appearance 835 of the sign that, in part, is necessary to satisfy community design requirements of Section 836 5.13. Such enhancements may extend above the maximum sign height by 18 inches,up to a 837 maximum of aproximately 75% of the length of the sign. 838 c. Maximum Height, Size and Number(Table 4-15). The maximum allowable sign 839 height and area are a factor of zoning district,property size, and number of travel lanes on 840 the abutting roadway. Use Table 4-154 below, including the corresponding footnotes to 841 determine the regulations applicable to a given project. Note that circumstances such as 842 compatibility with surrounding properties and project scale may warrant a reduction in total 843 sign height and size. 844 Zoning Number District of Travel Area—Maximum 100471087.3 306-90018211 21 Page 50 of 89 DRAFT Lanes in Height'—Maximum(in feet) Abutting Primary and (in square feet) Property Roadway Secondary',' Signs Size(in Acres) Single- Multiple- Single- Multiple- Tenant Tenant Tenant Tenant Development Development Development Development 2 5 5 [32 6 N/A Residential' Any 4 or 6 5 5 N/A 2 5 5 6 16 <1 4 or 6 5 5 326 32 2 5 5 32 32 <2 4 or 6 5 5 32 40 Office, Commercial, 2 5 5 32 40 Industrial, 2 to 8 4 6 6 40 407 SMU,Other 6 8 8 40 407 2 5 5 40 40 >85 4 6 10 40 100 6 8 12 64 120 2 5 5 32 40 <2 4 5 5 32 40 6 N/A N/A N/A N/A Mixed Use 2 5 5 32 40 (Urban 2 to 8 4 6 6 40 64 Districts) 6 N/A N/A N/A N/A 2 5 5 32 40 >8 4 6 6 40 64 6 N/A N/A N/A N/A 845 846 i Maximum sign height may be justified and required given certain cGircumstances, such 847 as compatibility with surrounding properties, existing or planned character for the area, 848 speed limits, and project scale m tsti f. fa ft- ef: o,a,,etia,,s ii the ,,,, heights. 849 Reduced sign area may be justified and required in conjunction with a reduced setback. 850 2 Secondary signs shall be located along property line(s) abutting rights-of-way with 851 secondary access. 852 3 For maximum height of secondary sign, see primary sign height for travel lanes of road 853 on which the sign will front. 854 4 -APrimary or secondary monument signs is are allowed for all non-residential uses or 855 within multi-family residential developments containing at least ten (10) dwelling units. The 856 sign shall not be internally-illuminated. 857 5 For indoor shopping malls, as an alternative, a four(4)-sided sign, not to exceed thirty- 858 two (32) square feet per sign face, is allowed at each point of vehicular ingress (from a 859 public right-of-way) into the development. 100471087.3 306-90018211 22 Page 51 of 89 DRAFT 860 6 The maximum area of a monument sign shall not exceed sixteen (16) square feet where 861 located on outparcels which are smaller than one (1) acre. 862 7 Sign area may be increased by ten (10) square feet per each additional acre of lot size 863 greater than two (2) acres (round up at 0.5). 864 d. Setbacks. See Section 4.A. 865 e. Cross Visibility and Safe-Sight. All monument signs shall comply with the cross 866 visibility and safe-sight standards and regulations of Section 4.A.3. above. 867 f. Property Address. The property address shall be required on each monument sign 868 in accordance with Section 4.A.9. above. 869 g. Project Name. Each sign shall include the name of the project or 870 development. The name shall be located at the top of the sign just below the site 871 address. The balance of the sign and/or copy must meet the objectives of the purpose and 872 intent of Section 1 above (e.g. identification, aesthetics, etc.) and the community design 873 standards of Section 5 below (e.g. compatibility, sign style, lettering, etc.). 874 h. Changeable Copy Signs. A portion of a monument sign may ^ar*air ,.h,,,,geable 875 consist of a facing that is capable of delivering advertising messages through 876 electronic components referred to as an Electronic Message Center(EMC) or non-electronic 877 materials. In order for an existing sign to be eligible for the addition of a changeable copy 878 component, the entire sign and its support structure must be considered a conforming n 879 according to all requirements of this Article, excluding the minimum setback standard. Signs 880 containing a changeable copy component shall meet aro deli iie ii aeear- nee with the 881 following standards excluding any standards that are in conflict with applicable state or 882 federal laws:(1) Location. An EMC,unless stated otherwise below, shall be limited to 883 properties with frontage on an arterial or collector roadway as defined in the Comprehensive 884 Plan, within the following zoning districts as defined by Part III, Chapter 1, Article II. 885 Definitions: 886 i. Commercial Zoning District(excluding the Central Business District),- 887 ii. Suburban Mixed Use, 888 iii. M-1 and PID, Planned Industrial Development(excluding properties with 889 frontage on local streets from which single family properties are accessed), 890 iv. Public Usage, 891 V. Recreational, and 892 vi. Residential Zoning District. Limited to Resident Information Signage internal 893 to planned residential communities, or non-residential uses if located on an arterial or 894 collector roadway 895 (2) Number. No more than 1 changeable copy sign is allowed per parcel or 896 development site. 897 (3)&4e Area. The changeable copy component of the sign shall not comprise more 898 than VAeffty-_fifty percent(2-950%) of the sign face, tmiess a',,,-, ef:r „*„,lo 899 . for signs that are limited to a maximum area 900 of 64 square feet or less, or a maximum of 35% on signs that are allowed more than 64 901 square feet(see sign height standards on Table 4-15 of this article.) 100471087.3 306-90018211 23 Page 52 of 89 DRAFT 902 (4) Illumination Measurement Criteria. If sign brightness is measured by the 903 illuminance of an EMC, then an illuminance meter shall be set to measure foot- 904 candles, accurate to at least two decimals. Illuminance shall be measured with the 905 EMC off, and again with the EMC displaying a white image for a full color-capable 906 EMC, or a solid message for a single-color EMC. 907 (5) Colors. Colors used on, or programmed into the changeable copy sign shall be 908 subject to the color restrictions applicable to the static signage of the project. 909 Background colors are limited to neutral or muted color options, primary colors are 910 specifically_prohibited. 911 (6) Illumination Limits or Brightness. An Electronic Message Center shall not emit 912 more than 5,000 Nits in full daylight and 100 Nits at night(between astronomical dusk 913 and dawn). The difference between the off and solid-message measurements shall not 914 exceed 0.3 foot-candles at night. The illuminance methodology may be used in setting 915 and measuring brightness. If the illuminance methodology is used, the sign shall not 916 emit more than 0.3 footcandles above ambient light levels as measured from 150 feet 917 from the sign. 918 919 (-2)(7) Message Duration or Hold Time. The message image from any 920 changeable copy sign or message center shall ne4 remain unchan4e4 or static for at 921 least 5 seconds 922 r-e"ir-ed by federalor-st4e law. 923 924 (8) Dimming Capabilities. All EMC shall be equipped with a sensor or other device 925 that automatically determines the ambient illumination and programmed to 926 automatically dim/adjust according to ambient light conditions. The illumination of the 927 sign shall not exceed the ambient light level by more than 0.3 foot-candle, as measured 928 in accordance with the methodology recommended by the International Sign 929 Association (ISA) 930 (9) Message Transition. The transition from one message or image display cycle to the 931 next must be accomplished in one second or less during which the screen is black. The 932 transition must not employ special effects including, but not limited to, fade, fly-in, 933 dissolve or repixelization 934 935 (10) Default Message. EMS must have a default design or image that will freeze in 936 one position if a malfunction occurs. If a partial or incomplete message freezes or 937 remains static on the sign due to a technical malfunction or a portion of the display 938 face malfunctions, the sign's illumination must be turned off until the sign is repaired. 939 ( l 1) Design. When a monument sign is proposed to include changeable copy, the 940 existing or proposed sign shall be constructed of masonry, concrete-block-steel (CBS), 941 or other comparable material so that its appearance meets the aesthetic requirements of 942 this article. I ,,,aditiai the ,.i,angeable eapy ,,,-,iai shall ,,,,,-41te,-for- „fl;,.,-, ;,i, 943 944 iar*to See*iai 4.A.9. above. Whether included as part of a new monument 945 sign, or through the retrofitting of an existing sign, Rhe changeable copy portion of the 946 sign shall be located at the bottom of the sign face, and be physically integrated into 947 the monument sign, and include the use of similar materials and colors of materials. In 948 addition, the changeable copy portion shall not interfere or conflict with the visibility 100471087.3 306-90018211 24 Page 53 of 89 DRAFT 949 of the property address, which is a required component of all monument signs pursuant 950 to Section 4.A.9. 951 (312) Multi-Tenant Developments. A C—changeable copy sign component is allowed 952 on a sign-s within multi-tenant developments provided that s" it is part of an 953 approved sign program. 954 (4-913) Lettering. The type of lettering for all non-electronic changeable copy signs 955 shall be one (1) of the following: 1)plastic channel lettering; 2)plastic card type 956 lettering; of 3) raised wood lettering;or 4) Aluminum Lettering. The manufacturing of 957 such lettering shall be of typeset(machine printed) quality only;- ono�e-e€freehand 958 lettering, chalk, or chalkboard surfaces are allowed except as otherwise approved in 959 this Article. . 960 961 The color of the lettering (and/or characters) within the changeable copy portion of the 962 sign shall be similar and consistent with the lettering style of the main portion of the 963 sign face. 964 The maximum height of all letters, digits, and/or characters associated with a 965 changeable copy sign shall be ten (10) inches,unless otherwise required by federal or 966 state law. 967 (14) Certification of Compliance. As part of permit approval, applicant shall have the 968 EMC sign tested for compliance with the illumination standards of this section. 969 Compliance shall be provided in a statement of certification by the installer and include 970 an acknowledgement that the sign has been manufactured, and/or programed to comply 971 with all applicable electronic standards including, but not limited to, message duration, 972 automatic dimming capability, message transition, and default message. Following 973 approval and commencement of signany operation, if at anyoperation, if at any time the sign is found non- 974 compliant with any standard described herein, the sign owner shall be responsible for 975 having the he sign tested by a sign contractor with appropriate qualifications, and 976 providing an updated certification of compliance. 977 i. Miscellaneous. Signs which are affixed to a perimeter wall or fence shall be 978 regulated as follows: 979 (1) Mixed-Use Development Identification Sign. Signs, which are typically affixed 980 to security or perimeter walls of a mixed use development, are considered mixed use 981 development identification signs and are regulated in accordance with Section 4.C.1-3. 982 below. 983 (2) Neighborhood Identification Sign. Signs, which are typically affixed to security 984 or perimeter walls of a condominium project, residential development, or registered 985 residential neighborhood, are considered neighborhood identification signs and are regulated 986 in accordance with Section 4.C.1-215. below. 987 j. Community Design Standards. See Section 5.C.3. below for additional community 988 design standards regarding monument signs. 989 3. Directory Sign. One (1) directory sign is allowed for each street frontage of a non- 990 residential development containing multiple tenants. The sign shall not exceed eighteen (18) 991 square feet in area or be greater than six (6) feet in height, and must comply with the 100471087.3 306-90018211 25 Page 54 of 89 DRAFT 992 setbacks required for the principal building. Staff may support additional directory signs if 993 justified accordingly. See Section 5.C.4. below for additional community design standards 994 regarding directory signs, and Section 15 for similar provisions for residential uses. 995 4. Directional Sign. A maximum of four(4) directional signs, erected at points of 996 ingress/egress are allowed within all 997 non-residential developments. Each sign shall not exceed four(4) square feet in area or be 998 greater than five (5) feet in height. Staff may support additional directional signs if justified 999 accordingly (see Section 15 for similar provisions for residential uses). A directional sign 1000 may be allowed off-premises,provided that the following conditions are met: 1001 a. Legal Cross-Access. The establishment, organization, or residential development 1002 does not have frontage on agiven arterial or collector roadway but contains legal cross- 1003 access through private property (or from a private right-of-way)to an arterial or collector 1004 roadway; 1005 b. Easements and Agreements. Recorded sign easements and agreements between 1006 property owners and/or land holders for any proposed off-premise directional sign are 1007 submitted for city review and approval. Recorded sign easements and agreements with 1008 Homeowners Associations for anyproposedpublic right of way directional sign on 1009 landscape areas maintained by the Homeowner's association are subject to the discretion of 1010 the City Engineering Department and the City Risk Manager. 1011 5. Menu Board Sign. One (1) menu board sign is allowed in conjunction with a drive- 1012 through facility. Additional menu board signs may be allowed should circumstances warrant 1013 more than one(1) structure. The sign shall not exceed twenty-five(25) square feet in area or 1014 be greater than six (6) feet in height. The sign, which indicates the products or services 1015 rendered and their corresponding prices, may be designed as a single-faced freestanding 1016 structure or affixed to a building facade. If placed on the facade of a building and oriented 1017 toward an abutting right-of-way, then it is considered a wall sign and shall count toward the 1018 aggregate wall signage area in accordance with Section 4.C.1. above. In all instances, all 1019 menu board signs shall be located as far from residential properties as possible and any 1020 audio devices oriented away from such properties to the maximum extent possible in order 1021 to reduce potential impacts. 1022 6. Awning Valaiiee Sign. Awning signage is encouraged that is of high graphic quality; 1023 a positive aesthetic contribution to the streetscape environment. Awning signage is regulated 1024 according to the two categories of sign options: 1025 a. Awning Valance Sign. One (1) sign, located on the valance of an awning hung over 1026 each public entrance is allowed within multi-family residential (ten (10)units or more) and 1027 non-residential developments,provided the signage area does not exceed eighty percent 1028 (80%) of the valance area. The sign shall not be internally-illuminated. Text shall be limited 1029 to business name along with numerical business address. Phone numbers, website address, 1030 listing of good or services and hours of operation are expressly prohibited. An awning 1031 valance sign shall not count toward the allowed aggregate wall signage area, See Section 1032 5.C.5. below for additional community design standards regarding awning valance signs. 1033 b. Awning Body Sign. Fabric-type awningsimprinted,may be permitted with imprinted, stampmay be permitted with imprinted, stamped 1034 or otherwise integral to the fabric advertising (no vinyl lettering affixed to the fabric). e area 1035 of the awning that may contain advertising is limited to 40 percent or 9 square feet, 1036 whichever is less. Text-only aplications shall be limited to 25 percent and individual 100471087.3 306-90018211 26 Page 55 of 89 DRAFT 1037 lettering of text exceeding _two (2)words may not exceed 18 inches in height. Text shall(2)words may not exceed 18 inches in height. Text shall be 1038 limited to business name . Phone numbers, website address, listing of good or services and 1039 hours of operation are expressly prohibited. Advertising on awnings is limited to first floor 1040 installations only. The awning may not be backlit. Only the awning siege on awnings 1041 placed over business entrances shall be exempt from the allowed aggregate wall signage 1042 area. 1043 7. Flat Metal Canopy Sign. Metal canopies covering just the building entrances may be 1044 permitted to mount channel lettering on top of the leading edge of the canopy,provided the 1045 lettering does not exceed 18 inches in height, nor exceed 75 percent(75%) of the width of 1046 the canopy. One-half of the signage will be counted towards the aggregate wall signage area. 1047 See Chapter 4, Article III, Section 3.E. for additional design standards regarding awnings 1048 and canopies. 1049 -78. Covered Walkway/Arcade Sign. One (1) sign, not to exceed three (3) square feet in 1050 area, is allowed for non-residential uses within a multiple-tenant building that has a covered 1051 walkway or arcade on the first or upper floors. The sign shall be located in front of each 1052 public entrance and oriented perpendicular to the building facade. In all instances, the sign 1053 shall be hung with rigid mounting and all brackets and materials used must be decorative 1054 and compatible with the principal structure. The minimum overhead clearance over a 1055 walkway shall be nine (9) feet in height. 1056 8.9. Blade Sign. One (1)blade sign, not to exceed four(4) square feet in area, is 1057 allowed for uses within a multiple-tenant building in accordance with an approved sign 1058 program. The sign shall be located on the wall of a building in front of each ground floor 1059 tenant space in close proximity to the public entrance and oriented perpendicular to the 1060 building facade. Additional signs are allowed if the tenant has multiple frontages and each 1061 frontage contains a public entrance. It shall be hung with rigid mounting and all brackets 1062 and materials used must be decorative and compatible with the principal structure. The 1063 minimum overhead clearance over a walkway shall be nine(9) feet in height. The projection 1064 of the blade sign shall not cause the sign to be taller than the existing building height or 1065 sixteen (16) feet, whichever is less. The sign and its support structure shall not extend more 1066 than three(3) feet from the wall. A blade sign may protrude into any required yard but it 1067 shall not extend outside the property line unless it protrudes into an abutting right-of-way 1068 and not onto private property. In this instance, the owner shall obtain all necessary permits 1069 where the blade sign protrudes beyond the property boundary and into a right-of-way. A 1070 blade sign shall not be internally-illuminated. Blade signs shall not count toward maximum 1071 sign area if primarily visible to pedestrians and not passing motorists, based on size,project 1072 design and/or location. 1073 -910. Window Sign. This subsection is intended to regulate the allowable location, size, 1074 and appearance of permanent window signs. 1075 a. Applicability. Window signs are allowed in any non-residential zoning 1076 district. For clarification, this includes any illuminated sign located inside a building within 1077 five(5)feet of a window or any sign attached to an interior display located within five(5) 1078 feet of a window, and each shall count toward the aggregate window signage area allowed 1079 on the nearest windowpane, which is regulated in accordance with Section S.C. below. 1080 b. Exemptions. Window signs are exempt from the permitting requirements of this 1081 article if designed in stenciled or vinyl lettering and affixed to a window. However, the 100471087.3 306-90018211 27 Page 56 of 89 DRAFT 1082 maximum coverage allowed for all window signs shall comply with the community design 1083 standards of Section S.C. below. 1084 c. Restrictions. Window signs shall not be allowed for any residential use. In 1085 addition, window signs made of paper, cardboard,plywood, or the like shall be prohibited 1086 when affixed to the glass or displayed inside of the glass but not necessarily attached thereto, 1087 and which are visible from the outside. 14a r this does iia*pf:ahibit the tise of roar 1088 1089 die ,.,,+. ; yl steiieil ia,,-a,-;„n plie dif:e,.,-i..,-, the glass 1090 d. Community Design Standards. See Section 5.C.6. below for additional community 1091 design standards regarding window signs. 1092 e. Miscellaneous. See Chapter 4, Article VII, Section S.E. for additional prohibitions 1093 regarding the use of neon, bare bulbs, and miniature lights t-h + are iiiteiided to „r,.;,ele e 1094 ataw , , 1095 4911. Rear Door Business Identification Plaque. One (1)business identification plaque 1096 is allowed on the rear door(s) of each establishment or organization within a building 1097 containing a non-residential use. The sign shall not exceed three (3) square feet in area or be 1098 internally-illuminated. 1099 12. Gas Pump Canopy Sign. An illuminated or non-illuminated sign gn may be affixed to a 1100 _gas pump canopy on any side adjacent to a right-of-way provided the sign does not exceed 10 1101 percent of the length of the canopy, nor 80 percent of the vertical canopy fascia. Sign 1102 illumination shall not be permitted where visible from abutting residentially zoned property. 1103 4413. Mixed Use Development Identification Sign and Neighborhood Identification 1104 Sign. A condominium project,development,residential development,or registered residential 1105 neighborhood association lae4ed,t ithii a mi*e,a „so zaiiii g ,a; may erect a single-faced 1106 sign on each side of any entrance. One (1) double-faced sign may be erected in lieu of two 1107 (2) single-faced signs. However, where feasible, the sign shall be incorporated into project 1108 elements such as building facades, decorative or perimeter walls, or accent features such as 1109 fountain structures or the like. 1110 a. Size. The maximum height and size of such sign(s) shall be regulated in accordance 1111 with Section 4.C.2. and Table 4-145 above. Circumstances such as project scale,traffic speed, 1112 ideal streetscape design and vision for the respective corridor, and compatibility with 1113 surrounding properties, may justify reductions or increases in the maximum size allowed. 1114 b. Setbacks. The sign shall be setback a minimum of ten (10) feet, unless combined 1115 with other project elements as described above which may be subject to a lesser setback 1116 dimension. Also see Section 4.C.2 for additional setback reduction options. 1117 Recorded sign easements and agreements for any proposed public right-of-way sign on 1118 landscaped areas maintained by the homeowner's association are subject to the discretion and 1119 approval of the City Engineering Department and the City Risk Manager. 1120 1121 1122 1123 and comply with the following: 100471087.3 306-90018211 28 Page 57 of 89 DRAFT 1124 (1) No person shall begin to construct, reconstruct, repair, alter, or grade in or upon 1125 any area of public rights-of-way in the city without first obtaining a permit as provided for 1126 in Chapter 2, Article III, Section 4. 1127 (2) All traffic regulatory and warning signs shall comply with the Manual on 1128 Uniform Traffic Control Devices (MUTCD). 1129 (3) Where applicable,permits must be obtained from other agencies, including the 1130 State of Florida and/or Palm Beach County. 1131 c. Cross Visibility and Safe-Sight. All signs shall comply with the cross visibility and 1132 safe-sight standards and regulations of Section 4.A.3. above and the Engineering Design 1133 Handbook and Construction Standards (EDHCS). 1134 d. Illumination. The sign shall not be internally-illuminated.—unless the proposed sign 1135 placement abuts a major thoroughfare, where internally illuminated signs are present. 1136 14. Industrial Subdivision Siege 1137 The purpose of this section is to provide siege provisions for businesses located within 1138 platted industrial subdivisions that lace a r aster pl wlt1 ent v ter pec t ItlenU,V sin e 1139 an 't>r_�....J rt> ray are not part of a planned district master plan and therefore do not have 1140 benefit of a sign program. Without a sign program, business parks commonly lack master 1141 signage and the identity achieved by visible and coordinated signage. The intent of this 1142 section is to support the establishment of branding and identity of subdivisions that 1143 characteristically, have minimal frontage on the major roadway network, are not afforded the 1144 signage provisions allowed in the Planned Industrial Development District, and/or lack 1145 common property at subdivision entrances for easy siting of identification signage. 1146 a. Industrial Subdivision Entry Signage shall meet the following requirements: 1147 i. Location. At street entrances into the industrial subdivision from a collector or 1148 arterial road. Signs may be sited on one or two corners on private property, with 1149 the execution of sign easements and agreements between parties. Minimal 1150 encroachment onto the public right-of-way may be allowed if insufficient 1151 private property exists for siting the he sign, and subject to the discretion of the 1152 City Engineer._ 1153 ii. Size. Si height may be a maximum heigmay be a maximum height of 6 feet and maximum size of 40 square 1154 feet. 1155 iii. Desi design Sign design shall subdivision branding and comply with other design 1156 standards of this article for monument suns. Deviations from the standards 1157 necessary to site the sign on limited space, including but not limited to, 1158 minimum setback and landscaping requirements, shall be at the discretion of the 1159 Development Director or his/her designee, and City Engineer. 1160 b. Industrial Subdivision Shared Entry Signage combines the site sign for the property 1161 located at the entry-point of the subdivision as described above, with the signage 1162 one of more businesses within the subdivision and accessed from that same 1163 intersection. Shared entry signage shall be allowed as follows: 1164 i. Location. On properties located at the intersection where the subject subdivision 1165 is accessed. The signage shall be placed on the site sign for the businesses at one 1166 or both sides of the intersection. 100471087.3 306-90018211 29 Page 58 of 89 DRAFT 1167 ii. Size. The maximum size of a site sign i approved in accordance with this section 1168 shall be allowed up to 6 feet high and a maximum area of 48 feet for 1169 subdivisions accessed by a collector or arterial road with fewer than 4 lanes, or a 1170 maximum of 10 feet high and a of 64 square feet for subdivisions accessed by a 1171 collector or arterial road with 4 or more lanes. 1172 iii. Desi design Sign design shall subdivision branding and comply with other design 1173 standards of this article for monument suns. Deviations from the standards 1174 necessary to site the sign on limited space, including but not limited to, 1175 minimum setback and landscaping requirements, shall be at the discretion of the 1176 Development Director or his/her designee, and City Engineer. 1177 c. Review Process. Consideration for approval shall be in accordance with the review 1178 process for requesting sign program approval or modification. Any required 1179 easements and/or agreements between business owners and land owners shall be 1180 submitted simultaneously for review and approval. 1181 d. Electronic Message Center(EMC). An EMC shall be an allowed component of the 1182 sign, in compliance with the applicable standards of the Changeable Copy Sign 1183 section above. 1184 1185 4-215. Neighborhood 1deiiti foe iai Sign. Signage for-A a^ iide il4i ,r, 1186 residential development,or neighborhood with a registered r� '�neighborhood 1187 association may include entrance signage, and various internal signs used for directory or 1188 directional purposes, or to provide general information primarily beneficial to the residents 1189 including but not limited to intermittent announcements of activities and events. erecta 1190 1191 1192 1193 feataf:es stteh as f,,,,,,,-,,;,, stfte- ,,,:,he like 1194 a. Identification/Development Sign. Allowed is one single-faced sign on each side of 1195 any entrance, or one(1) double-faced sign may be erected in lieu of two (2) single-faced 1196 signs. Where feasible, however, the sign shall be incorporated into project elements 1197 including but not limited to building facades, decorative or perimeter walls, or accent 1198 features including but not limited to fountain structures. 1199 LI) Size. The maximum height and size of such sign(s) shall be regulated in 1200 accordance with Section 4.C.2. and Table 4-145 above. Circumstances, such as 1201 compatibility with surrounding properties, speed limits, and project scale may justify 1202 reductions in the maximum size of each sign. 1203 (2) Setbacks. The sign shall be setback a minimum of ten (10) feet,unless 1204 combined with other project elements as described above which may be subject to a lesser 1205 setback dimension. See Section 4.C.2 for possible reduction in this minimum setback 1206 standard. 1207 1208 (3) Location within rights-of-way. The sign and support structure may be 1209 allowed within a public or private right-of-way if adequate space does not exist on private 1210 property as determined by the city, and provided that it does not interfere with the 1211 maintenance of existing utilities. A sign proposed within a city maintained public right-of- 100471087.3 306-90018211 30 Page 59 of 89 DRAFT 1212 way shall require approval from the Department of Public Works and comply with the 1213 following: 1214 1215 i. (4-)No person shall begin to construct, reconstruct, repair, alter, or grade in or 1216 upon any area of public rights-of-way in the city without first obtaining a permit as provided 1217 for in Chapter 2, Article III, Section 4. 1218 1219 ii. (-2)All traffic regulatory and warning signs shall comply with the Manual on 1220 Uniform Traffic Control Devices (MUTCD). 1221 1222 iii. (-3)Where applicable, permits must be obtained from other agencies, including 1223 the State of Florida and/or Palm Beach County. 1224 1225 (4)E Cross Visibility and Safe-Sight. All signs shall comply with the cross 1226 visibility and safe-sight standards and regulations of Section 4.A.3. above and 1227 the Engineering Design Handbook and Construction Standards (EDHCS). 1228 1229 (5)d-Illumination. The sign shall not be internally-illuminated. 1230 a.Resident Information Sign. Signs may be aproved within neighborhood 1231 communities that are intended to provide information to residents and guests regarding 1232 locations of neighborhood facilities and amenities, events and activities, or operational 1233 announcements. Signs and/or kiosks shall be designed to meet the following standards, 1234 (1) Size. Maximum height is 6 feet and maximum area is 24 square feet-, 1235 (2) Setbacks. See setback standard above aplicable to 1236 Identification/Development Signs, 1237 (3) Location. Signs are to be placed on internal common, or other association- 1238 governed property and not at perimeter or entrance points to avoid confiising 1239 motorists with excess signage; 1240 (4) Design. If possible and practical, materials, colors and design shall be 1241 compatible with architectural or other elements or improvements within the 1242 community. Materials used should be weather resistant to prolong quality 1243 appearance and allow for easy maintenance, 1244 (5) Flexibility through approval of a sign program. A sign may deviate from the 1245 corresponding standards of this section if adequately justified and aproved 1246 as part of sign program for the neighborhood, and 1247 (6) Changeable Copy Sign. Signs may be designed with an electronic 1248 component if approved as part of a sign program. The above standards also 1249 apply if designed to accommodate an electronic component. 1250 1251 16�. Nameplate, Historic Marker or Identification Plaque. One (1)nameplate or 1252 identification plaque with non- commercial copy is allowed in all zoning districts,provided 1253 that it does not exceed two (2) square feet in area. This sign typically indicates the name of 1254 occupants residing on the premises but also may be used to identify buildings and/or 1255 structures of cultural or historical significance, and is not intended to be an alternate method 1256 of advertising for a non-residential establishment or organization. It may also include 1257 signage associated with a live/work unit in conjunction with an applicable sign 1258 program. The nameplate or identification plaque shall not be internally-illuminated. A 1259 Historic Marker is a plaque, marker or sign used to identify a designated historic property in 100471087.3 306-90018211 31 Page 60 of 89 DRAFT 1260 accordance with the City's Preservation Requirements in Article IX, Section 6 of the CitX 1261 Code. Also see Section LE,Exemptions, when regulating historic markers. A public art 1262 plaque, marker or sign is used to identify and provide public information regarding a public 1263 artwork or mural that has been required or approved by the Art Advisory Board. 1264 Note: In the event any word, sentence, clause, or other portion of this section is 1265 determined invalid, then any sign otherwise allowed by this section shall comply with the 1266 requirements set forth in this code as if this section was never enacted. 1267 D. Special Signs. The following special signs shall be allowed in accordance with the 1268 following provisions: 1269 1. Civic and Not-for-Profit Directional Sign. For the purposes of providing a 1270 convenience and benefit for the traveling public, a maximum of two (2) off-premise signs 1271 are allowed for a civic and fraternal organization, church, or recreation facility. Each sign, 1272 which shall not exceed twelve (12) inches by eighteen (18) inches, may be affixed to a post 1273 or other approved structure at intersections of public rights-of-way, and at a maximum of 1274 one (1) sign per organization or facility at any given intersection. A maximum of three(3) 1275 different civic and not-for-profit directional signs are allowed per post or supporting 1276 structure. 1277 All signs and posts shall be reviewed by the City Engineer where proposed within city 1278 maintained public rights-of-way. In all instances, the applicant shall bear the cost to 1279 construct the sign in accordance with city specifications. The city will provide the post and 1280 install the sign at a fee set by the city, which shall be paid for by the applicant. The city 1281 shall maintain the sign for safety purposes only and may remove it at no expense to the 1282 applicant should it become illegible or unsafe. The signs shall not be illuminated. 1283 2. Transit Shelter Sign. Signs on city transit stop shelters may be allowed when 1284 authorized by written agreement approved by action of the City Commission pursuant to the 1285 provisions of Florida Statutes. When so authorized by the City Commission, the following 1286 standards shall apply: 1287 a. Location. Signs placed on city transit stop shelters shall only be allowed at city 1288 transit stops designated or approved by the city. A transit shelter,proposed on private 1289 property or within the right-of-way, shall be located and designed in accordance 1290 with Chapter 4, Article III, Section 10.B. 1291 b. Number. Not more than one(1)bus shelter displaying signage or intended for the 1292 display of signage shall be allowed at a city transit stop. 1293 c. Elevation. Display space on bus shelters shall be limited in location and size to the 1294 side or rear wind screen panels. 1295 d. Exemption. Pursuant to Section 1.E.6. above, a bus shelter sign shall be exempt 1296 from the permitting requirements of this article,provided the Building Official determines 1297 that compliance with the Florida Building Code is not required. 1298 3. Newsracks. Newsracks shall have no signage or advertising except for that which is 1299 allowed in accordance with City Code of Ordinances Part II, Chapter 15, Article VI. 1300 4.. 1301 1302 100471087.3 306-90018211 32 Page 61 of 89 DRAFT 1303 1304 blank walls t4at af:e visible to t4e p4lie, all t4e while f:espee ti:vy staiidaf:ds- 1305 f:ela 4 e to deeeiiey and abseo,,;,-y. 1306 1307r•�- 1308 1309 (2) NUtfuls shall a4�C6iiaiiy �br62iie, iiideeefit, " i coaccrr,;. 1310 1311 . 1312 1313 re if:e sille plafi '"eyi (Chapter- t4i11 Seetier In „,aditief ,-t,e n,-,-s 1314 1315 • ' 1316 . 1317 1318 1319 . 1320 4-5. Electric Vehicle (EV) Charging Station Sign. 1321 a. Each public EV charging station shall have at least one (1)posted sign displaying 1322 operational information such as voltage and amperage levels, hours of use, fees, safety 1323 information and penalties related to a misuse, and it must be approved by the city. 1324 b. Directional signs for EV charging stations may be allowed,provided that each 1325 complies with Section 4.C.4 above, except that the size and style shall not exceed that which 1326 is allowed in accordance with the Federal Highway Administration's Manual on Uniform 1327 Traffic Control Devices (MUTCD) 2009 edition or latest supplement thereof. In addition, a 1328 maximum of two (2) off-premises directional signs located within public rights-of-way may 1329 be allowed. All signs associated with EV charging stations, if proposed within rights-of-way, 1330 shall comply with the permitting and processing requirements of the city and any other entity 100471087.3 306-90018211 33 Page 62 of 89 DRAFT 1331 having jurisdiction over the subject right-of-way ELIECTRIC VEHIM CHARGIN STATION 'J itis. ELECTMC VBW., L ELECTRIC VEHICLE CHARGING HOUR HARGM STATION FCM tr ig 7Am mopm 1332 1333 Sec. 5 Community Design. 1334 A. General. 1335 1. Purpose and Intent. The aesthetic quality of a building or an entire neighborhood is 1336 materially a factor of the level of visual harmony between signs, support structures,project 1337 architecture, and adjacent surroundings. In addition to the mechanical limitations on signs 1338 imposed by this section, there are certain aesthetic considerations that must be met, and 1339 therefore signs are subject to review by the Planning and Development Board and City 1340 Commission, when required. 1341 2. Administration. The Development Director or designee shall 1342 have the authority to eaa interpret,and administer this section. 1343 3. Applicability. The provisions of this section shall apply to all new signs, excluding 1344 single-family and duplex dwelling units within single-family or two-family residential 1345 zoning districts. 1346 4. Relief from Standards. Any deviation from these community design standards shall 1347 require approval of a community design plan appeal (CDPA) application, which is subject to 1348 review and approval by the City Commission. A request for a CDPA shall be reviewed in 1349 accordance with Chapter 2, Article II, Section 4.13. 1350 B. Community Design Standards for All Signs. 1351 1. Compatibility. Signs shall be designed and treated as part of the architecture of 1352 buildings and structures. Freestanding signs and other site signs shall be compatible with 1353 and contain the same architectural elements and repeating features that are used on buildings 100471087.3 306-90018211 34 Page 63 of 89 DRAFT 1354 throughout the development. All signage, including its color and scale, shall be compatible 1355 with the architecture of the building or structure on which it is affixed or attached. The 1356 overall effect of the lettering, configuration, or color of a sign shall not be too bright, garish, 1357 gaudy, showy, glaring, and/or cheaply brilliant or involving excessive 1358 ornamentation. Garish signs are not in harmony with and are not compatible with the 1359 building or adjacent surroundings. 1360 2. Color. Sign colors and supporting structures and/or materials shall be 1361 complementary to the colors of the development. Excessive use of large areas of several 1362 colors can create competition for the eye and significantly reduce readability. All signs, 1363 mother than those associated with r�registered tenants , those within a 1364 sign program, or a community sign from the Public Art program, shall be limited to a 1365 maximum of four (4) different colors for the entire development, inclusive of black and 1366 white. In addition, the background color of a wall sign shall be considered a sign color and 1367 count towards the aggregate number of colors allowed on a sign. This restriction also 1368 includes the background color of any "cabinet-style" sign. However, in all instances, colors 1369 of registered logos and icons shall be excluded from this limitation. 1370 3. Letter Size. Sign lettering shall be easy to read and in scale with the building or 1371 tenant space on which it is located. The sign copy shall be designed and based, in part, on 1372 the average distance and average travel speed of the viewer. Sign messages oriented 1373 towards pedestrians may be smaller than those oriented towards automobile drivers. A sign 1374 message shall be easily recognized and designed in an uncrowded, clear,unambiguous, and 1375 concise manner, so that a viewer can perceive what appears on the sign. In order to 1376 maximize readability and legibility, it is discouraged to advertise on a wall or freestanding 1377 sign, in an excessive manner, the phone or fax number, email address, or a particular project 1378 or service, in conjunction with the name of the establishment or organization. 1379 4. Letter Style. The number of different lettering styles on tenant signage on multiple 1380 tenant buildings and their outbuildings and outparcels shall be limited to one(1) in addition 1381 to the lettering styles of the registered copy of all tenants located within the 1382 building and its outbuildings and outparcels. 1383 C. Community Design Standards for Specific Types of Signs. 1384 1. Graphics on Fences and Barriers around Construction Sites. At construction sites, 1385 signs and graphics are allowed on temporary security and safety fencing or other types of 1386 barriers that are required and/or permitted for a 1387rp oject. The temporary fencing may contain screening material enhanced with graphics, 1388 images,pictorials, wraps, windscreens, digital prints,photographs, or a combination thereof, 1389 provided that such enhancements are not intended to be an alternate method of advertising 1390 other than identifying the name of the development, and does not create a diversion or 1391 distraction to passing motorists (also see Chapter 3, Article V, Section 2.17.). See Section 1392 5.D. below for additional community design standards regarding the maximum allowable 1393 size of logos and icon proposed on signs on fences and barriers around construction sites. 1394 2. Wall Sign (Affixed to Building). 1395 a. Scale. Signage eii bttildiiigs shall be included on Rtieipa+e ,af:ii g the proposed site 1396 plan app al »races in order to incorporate them properly into project architecture. Signs 1397 shall be designed to prevent them from conflicting and/or 1398 overcrowding with a building's architectural features and enhancements. 100471087.3 306-90018211 35 Page 64 of 89 DRAFT 1399 b. Type of Sign. A single sign style (such as cabinet, channel, reverse channel) shall 1400 be used for wall signage on all buildings on a site. Channel and reverse channel letter style 1401 are preferred in lieu of cabinet signs. 1402 c. Scale. A wall sign (and corresponding sign band) shall be in scale with the 1403 building, as well as with signs on the same building and may be required to be compatible 1404 with buildings and structures on adjacent properties. Signs consisting of multiple words may 1405 be stacked (in rows)to maintain the appearance as a single sign (and sign band), but the sign 1406 band of a stacked sign shall be in scale with the sign band of non-stacked signs, except in 1407 those instances where a building facade has been intentionally designed or modified to 1408 accommodate a larger size sign band for an ii4iai ally f:egistef:ed anchor tenant(within 1409 multi-tenant developments). However, in no case shall any sign exceed the size limitations 1410 as provided for in other sections of this article. Proposed signage shall not exceed 80 percent 1411 of the designated sign band in a horizontal or vertical direction. 1412 d. Signs on Rear Facades. The maximum area of wall signs shall be based on the 1413 standards specified in Section 4.C.1. above. However, the maximum size may be increased 1414 by ten percent(10%)to allow for additional signage on rear facades of buildings within non- 1415 residential and mixed use developments. Factors to justify additional signage include but are 1416 not limited to 1)the visibility of rear facades from rights-of-way; 2) existence of off-street 1417 parking and other vehicular use areas; 3)building orientation and site design; and 4) 1418 pedestrian access and connectivity. 1419 e. Logos and Icons. See Section 5.D. below for additional community design 1420 standards regarding the maximum allowable size of logos and icons when proposed in wall 1421 signs. 1422 3. Monument Sign. The base of all freestanding signs shall have landscape material 1423 installed in accordance with Chapter 4, Article 11, Section 6.I. An exception may be made 1424 within the urban area, including mixed-use developments zoned either MU-4 or MU-C. See 1425 Section 5.1) below for additional community design standards regarding the maximum 1426 allowable size of logos or icon proposed on monument signs. 1427 4. Directory Sign. To ensure the safety of vehicular traffic on the city's rights-of-way 1428 and to further the legibility requirements of this section, the monument sign for a project 1429 shall not be designed to resemble a directory sign, with the inclusion of numerous tenant 1430 names in small font. Directory signs are the preferred method of advertising multiple 1431 listings or tenants, and are accommodated by these Regulations. Such directory signs are 1432 located internal to a site to avoid confusing a motorist and causing a traffic hazard on the 1433 abutting roadway. See Section 5.D. below for additional community design standards 1434 regarding the maximum allowable size of logos and icon proposed on directory signs. 1435 5. Awning Valance Sign. The letters and characters within the sign shall be no greater 1436 than six (6) inches in height. See Section 5.D. below for additional community design 1437 standards regarding the maximum allowable size of logos and icon proposed on awning 1438 valance signs. 1439 6. Window Sign. The intent of this subsection is to encourage the use of window signs 1440 to promote a traditional "main street" appearance in storefronts,particularly for business 1441 establishments that are an integral component of a pedestrian-friendly streetscape 1442 environment. The design of window signs, including font,point size, and layout should be 1443 tasteful, nostalgic, and comply with the following standards: 100471087.3 306-90018211 36 Page 65 of 89 DRAFT 1444 a. Location. Signs are allowed on windows that are located on the ground (first) floor 1445 and where such windows are visible from pedestrian walkways. 1446 b. Size. On the entrance door or window located closest to the public entrance/exit 1447 door,the size of the sign shall not exceed twenty percent(20%) of the window area,unless 1448 an internally-illuminated sign is proposed, in which case, it may not exceed three (3) square 1449 feet in area. For clarification, if two (2)windowpanes are located on each side of a public 1450 entrance, only one (1) shall be allowed to have the maximum twenty percent(20%) 1451 coverage. For all other windows, the size of the sign shall not exceed three(3) square feet in 1452 area, regardless of the location or sign type. 1453 c. Logos and Icons. See Section S.D. below for additional community design 1454 standards regarding the maximum allowable size of logos and icons when proposed in 1455 window signs. 1456 D. Community Design Standards for Logos and Icons. 1457 1. General. Logos, trademarks, insignias, emblems, and other non-word depictions 1458 shall be considered signage. 1459 2. Maximum Percentage and Size (Table 4-16). The maximum size of each non-word 1460 depiction (i.e. logos, graphic icons, illustrations, etc) of a sign shall not exceed twenty 1461 percent(20%) of the sign erected, except for as follows: 1462 Type of Sign Maximum Percentage of Sign Erected Wall 20%1 Monument 100% Directory 20% Directional 100% Awning Valance 100%2 Awning body 100% Flat Canopy 20% Covered Walkway/Arcade 100% Blade 100% Window 20% Rear Door ID 100% Any other type of other lawful sign 20% 1463 1464 i If greater than twenty percent(20%) of the sign erected, the non-word depiction shall not 1465 exceed nine (9) square feet. Only one (1) logo or icon is allowed per building elevation (per 1466 tenant). 1467 2 The non-word depiction shall not exceed six (6) inches in height. 1468 3 If greater than twenty percent(20%) of the sign erected, the non-word depiction shall not 1469 exceed three (3) square feet. 1470 Sec. 6 Sign Program. 100471087.3 306-90018211 37 Page 66 of 89 DRAFT 1471 A. General. 1472 1. Purpose and Intent. The purpose of this section is to allow some magnitude of 1473 flexibility in createi�n _a comprehensive set of design standards applicable to all signage 1474 within a multi-tenant development. The intent is to promote uniformity and compatibility 1475 between multiple signs (within a single development) and with project architecture, in order 1476 to maximize the aesthetic character and overall quality of the development. Flexibility is 1477 intended to allow deviations from the standards in this Article, when justified and proven to 1478 still further the intent and objectives of this chapter with respect to signage apearance, 1479 scale, architectural compatibility and visibility. 1480 2. Applicability. A sign program shall be required for all sign types within non- 1481 residential and mixed-use developments containing multiple tenants. The sign program shall 1482 be processed in accordance with site plan review. The sign program shall regulate every 1483 type of permanent sign proposed within the development. 1484 3. Permits Required. No permit shall be issued for an individual sign within a 1485 development containing multiple tenants,unless the sign conforms to the approved or 1486ep nding sign program. If a sign program has not y-et been approved, the proposed sign shall 1487 incorporate the desired design features and characteristics of the majority of signs within the 1488 development, or be designed to represent the desired sign style and appearance to ultimately 1489 be achieved by a pending or future sign program. 1490 4. Relief from Standards. Any deviation from the requirements of this section shall 1491 require the submittal of a community design plan appeal (CDPA) or through a landlord 1492 initiated amendment to the approved Si Program,Pro_ gram, which is subject to review and approval 1493 by the City Commission. A request for a CDPA shall be reviewed in accordance 1494 with Chapter 2, Article 11, Section 4.13. 1495 B. Standards. The sign program shall consist of a set of standards, including but not 1496 limited to the sin sizes, number, locations, materials, lettering (size and font), sign types 1497 and colors to be used within the development. All aspeets The sign program shall be in 1498 compliance with the ipup2ose and intent of this article. 1499 C. Review Process. A new or proposed modification to an existing sign program shall be 1500 reviewed in accordance with Chapter 2, Article 11, Section 2.E. 1501 . 1502 Sec. 7 Nonconforming Signs 1503 A. General. A sign, which does not conform to the requirements of this article, shall be 1504 deemed nonconforming. A nonconforming sign cannot be modified(excluding re-lettering 1505 or change of copy)unless the modification brings the sign into compliance with all sections 1506 of this article, or as outlined in Section 7.13. below. 1507 B. Nonconforming Freestanding Signs at Shopping Centers. The city's objectives to 1508 improve the visual aesthetics, appearance, and economic vitality of multi-tenant properties 1509 along city thoroughfares will permit property owners to modify nonconforming freestanding 1510 signs at shopping centers beyond the limitations contained within Section 7.A. above, in 1511 conformance with the following requirements: 1512 1. The shopping center shall have an adopted sign program in place, or adopts a sign 1513 program as part of this process. 100471087.3 306-90018211 38 Page 67 of 89 DRAFT 1514 2. A request for an amendment to the existing sign program is approved. 1515 3. The amended sign program will allow improvements to the existing sign structure(s) 1516 which do not increase the mass of the sign (i.e. height, length, width), including removal, 1517 repair and/or replacement of sign cabinets. 1518 4. The proposed improvements will bring the sign into further compliance with the sign 1519 regulations, and improve the aesthetics of the sign. 1520 5. As part of the city's economic development initiatives, additional sign square 1521 footage, also known as "copy area," may be added to the sign in instances when aesthetic 1522 improvements and required landscape improvements are made to, and immediately 1523 surrounding the sign, and in situations where the additional signage does not increase the 1524 mass of the sign (i.e. height, length, width). 1525 6. The amount of future repairs of the newly renovated sign that the property owner will 1526 be allowed to complete will be an amount not to exceed fifty percent(50%) of the new value 1527 of the sign, as determined by a licensed sign contractor and confirmed by staff. 1528 The regulations contained in Chapter 4, Article IV, Section 7.13. above are not intended to 1529 allow removal and reconstruction of the sign in entirety, as such a situation would require 1530 the sign to come into compliance with current sign regulation. 1531 C. Repair or Removal. Any nonconforming sign and corresponding support structure that 1532 is damaged or otherwise in need of repair, to such an extent that the cost of repairing the sign 1533 equals fifty percent(50%) or more of the original cost of the sign, then its classification as a 1534 "nonconforming" sign under this section shall be automatically revoked and either repairs be 1535 made so that such sign shall meet all the requirements of this article or said sign shall be 1536 removed from the property. Furthermore, any nonconforming sign and corresponding 1537 support structure shall be removed by the owner, agent, or person having beneficial use of 1538 the building, structure, or premises, where such sign may be found if a bona fide 1539 establishment, organization, or residential development ceases its operation or occupancy for 1540 more than six (6) consecutive months. 1541 D. Annexation of Nonconforming Freestanding Signs. 1542 1. Billboard. Any property located in unincorporated Palm Beach County, which is 1543 considered for annexation into the city, shall have its billboard sign removed prior to 1544 annexation,unless otherwise approved by the City Commission. In such instances, the City 1545 Commission may grant an extension to the time period allowed for removing the billboard 1546 sign. 1547 2. Monument Ste, Pylon Sign, and Pole Sign. Any freestanding monument,pylon, 1548 pole, or similar type of sign located on a property that is proposed to be annexed into the city 1549 shall comply with all provisions of this article within six (6) months following the date of 1550 such annexation,unless otherwise aproved by the City Commission. Any signs subject to 1551 this requirement shall be documented by the city in any applicable ordinance, development 1552 order, or annexation agreement. 1553 Sec. 8 Signs at Abandoned Businesses 1554 When an establishment, organization, or service is discontinued, all signs relating to such 1555 establishment, organization, or service shall be removed within six (6) months from the date 1556 of discontinuance. The sign structure may remain in place if the sign text is re+ vi,i 100471087.3 306-90018211 39 Page 68 of 89 DRAFT 1557 for the vacated 1558 establishment, is removed from the sign and replaced with a blank white panel. However, if 1559 the sign structure is in deteriorated or dilapidated condition, removal of the sign structure is 1560 required. Failure to so remove such a sign shall subject the sign to removal and disposition 1561 pursuant to section 7 of this toe pf:a ilia is of t4is article. A property owner may aply for a 1562 declaration of exception to the Arts Advisory Board or the Historic Preservation Board to 1563 maintain the sign of an abandoned business on the property if the sign is determined a work 1564 of art by the Arts Advisory Board or an object of historic significance by the Historic 1565 Preservation Board. 1566 Sec. 9 Penalties. 1567 The city or any other legal authority shall enforce any violation of this article pursuant to the 1568 penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 1569 Regulations. 1570 Section 3. Each and every other provision of the Land Development Regulations 1571 not herein specifically amended, shall remain in full force and effect as originally adopted. 1572 Section 4. All laws and ordinances applying to the City of Boynton Beach in 1573 conflict with any provisions of this ordinance are hereby repealed. 1574 Section 5. Should any section or provision of this Ordinance or any portion thereof 1575 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 1576 the remainder of this Ordinance. 1577 Section 6. Authority is hereby given to codify this Ordinance. 1578 Section 7. This Ordinance shall become effective immediately. 1579 FIRST READING this day of , 2021. 1580 SECOND, FINAL READING AND PASSAGE this day of , 2021. 1581 CITY OF BOYNTON BEACH, FLORIDA 1582 YES NO 1583 1584 Mayor— Steven B. Grant 1585 1586 Vice Mayor—Woodrow L. Hay 1587 1588 Commissioner—Justin Katz 1589 1590 Commissioner—Christina L. Romelus 1591 1592 Commissioner—Ty Penserga 100471087.3 306-90018211 40 Page 69 of 89 DRAFT 1593 1594 VOTE 1595 1596 ATTEST: 1597 1598 1599 1600 Crystal Gibson, MMC 1601 City Clerk 1602 1603 1604 (Corporate Seal) 100471087.3 306-90018211 41 Page 70 of 89 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING TO: Chair and Members Planning & Development Board FIND: Michael Rumpf Planning and Zoning Administrator DATE: November 18, 2021 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards,that update the City's Sign Regulations intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi-tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for"human" signs. BACKGROUND This project to update the Sign Code was initiated as a result of repeated inquiries from businesses and sign contractors related to the stringent nature of the regulations including its lack of flexibility. A City staff team from the Development Department and City Attorney's Office initiated the project with the following targets or objectives: • Logos and graphics, with an emphasis on maximum area and awning signage; • Consider options for expanding criteria for color flexibility; • Sign Program provisions that allow more flexibility; • Signage trends and business needs; • Consistency with state regulations/preemptions and legal precedence; • Flexibility in minimum sign setbacks; • Accommodate signage options for secluded industrial pockets; • Consider increasing provisions and standards for digital/changeable copy signage; and • Consider additional relief standards as an option for increasing flexibility In lieu of presenting the amendments in a typical workshop setting, staff has proactively reached out to possible"stakeholders" requesting feedback on the proposed amendments. To date, the following actions have been taken to obtain comments on the City's Sign Code: • Placement of notice on the City's website with project description and instructions for obtaining the draft regulations (September 27th); • E-mailed 16 sign contractors listed in the City's permit records providing a project description and instructions for obtaining the draft changes and providing comments (October 5th); Page 71 of 89 Sign Code Update • E-mailed a draft version of the revised Code to the Planning & Development Board allowing extra time for a more thorough review, and encouraged providing feedback in advance of the Board hearing (October 5th); • Presented the project and proposed amendments to the Business Development Board via their monthly "Business over Coffee" meeting (October 7th); • Presented the project and proposed amendments to the Chamber of Commerce's Governmental Affairs Committee (October 28th); and • Planning to present the project to the Downtown Business Coalition (December, date TBD) PROPOSED AMENDMENTS The following is a summary of the proposed changes organized under the following headings: "Sign Options", "Flexibility & Visibility", "Other" and"Clean-up/House Keeping". It should be emphasized that except for the amendments regarding human signs (a.k.a. "sign walkers" or"sign wavers"), most other notable amendments are intended to benefit the business community with reduced restrictions and added flexibility, rather than increasing regulations and constraints. Sign Options EMC(aka digital signs) —Proposed are amendments to the Sign Code, and the elimination of corresponding prohibitions, to allow electronic message centers (EMCs) on conforming monument signs located outside key corridors of the Community Redevelopment Area(CRA). Standards proposed for EMCs, in part, would also regard maximum sign area(i.e. percent of the total sign area), address maximum lighting intensity, require auto dimming relative to ambient lighting and a default message in response to a malfunctioning ECM, and regulate hold time and transition style. The parent sign must be conforming to City standards (except for minimum setback), and if applicable to the subject property,part of a current sign program. Benefits of an ECM option include enabling the expansion of tenant capacity without increasing sign size, increasing advertising opportunities and business promotions, and further incentivizes the use of a required sign program or updating of an outdated sign program. A"-frame—The addition of the "A"- frame sign option would enhance pedestrian environments and the streetscape and is planned to be introduced to business through limited styles provided by the CRA and City staff. This temporary sign would be excluded from the maximum sign area calculations, and would be regulated, in part, by locations and size. Canopy signs (body) and deregulating canopy sign rules An awning valence sign is currently allowed in the Code, and the revisions propose to also allow an awning"body" sign and flat canopy signage. High quality graphics is being required. Industrial Subdivision (see corresponding item under Flexibility/Visibility) Gas pump canopy The Code has been silent to the regulating of gas station signage on pump canopies. The proposed regulations would provide a maximum limit on the area of the canopy to be occupied by signage. Flexibility & Visibility -2 - Page 72 of 89 Sign Code Update Allow internally-illuminated signs in residential zones The existence of non-residential uses in residential zoning districts located along major roadways warrants the ability for such uses to have the illuminated sign option that is currently prohibited. A church located on Hypoluxo Road, located within a Planning Unit Development Zoning District, recently experienced the current constraints of the City's sign code which further prevented visibility of a sign that is forced to have an excessive setback from the abutting roadway due to the bifurcating drainage canal that separates the church property from passing motorists and the church's entrance. Excluding design enhancements from height measurement— To add further design flexibility to the regulations, staff proposes to exclude design enhancements at the top of signs from the height measurement, along with the extensions of the sign to accommodate the property address. Increasing wall sign area allowed for small stand-alone commercial buildings—Maximum "wall" sign area allowed is a factor of linear dimension of the building or tenant space. The amendment is intended to prevent the sign code standard from restricting sign area on small buildings to a less visible size than allowed at larger buildings. Reduction in minimum sign setback standard The minimum setback from a property line is currently 10 feet for site signs, which, given certain property or site characteristics, may prevent proper orientation of a sign for maximum visibility, or preclude the siting of a sign all together. The proposed reduction to 5 feet is accompanied by performance standards that allow case-by-case staff review to ensure that safety and visibility to other signage and streetscape elements are not jeopardized. Incentivizing the use ofawning signage— The proposed regulations exempt canopy body signage from the total allowed project signage, to promote the use of this new signage option. Neighborhood Signage (planned communities) —The recent experience involving one of the large Leisureville communities attempting to obtain approval to replace their outdated and non-conforming, internal directional and informational signage, inspired this aspect of the proposed amendments. The amendments recognize the self-serving purpose of such signage, and therefore introduce greater flexibility with varied sign options, ample sizes,unrestricted quantity, eligibility for ECM signage, landscaping flexibility, and would be able eligible to request sign program approval to further ensure access to the sign options and design alternatives beneficial to meeting the community's needs. The principal limiting factor on such signs is the requirement to be located within the community, and not located on abutting collector or arterial roads. Expanding color and font style options for registered businesses and not just nationally-registered businesses Current regulations limit sign colors to a maximum of two in addition to black and white, except for trademarked signs and business brands. The proposed amendment would also offer similar options to state registered businesses. Allowing for deviations from sign standards within sign programs The most notable of the proposed amendments is a significant change to the Sign Program rules. The sign program provisions were written only to achieve consistency in project signage with multiple tenants,while following all the sign standards and requirements of the general section of the Sign Code. This proposed revision would allow considerations for deviating from the basic standards (number of and location of signage, size/area of signage, etc)when adequately justified and compliant with the purpose and intent of the Sign Code with -3 - Page 73 of 89 Sign Code Update respect to intended aesthetics and compatibility. The amendments would also allow for the filing of a sign permit by a new tenant before the sign program is requested or approved,to prevent delay in achieving the needed visibility when starting-up. Industrial Subdivision Entry and Shared Entry Signage —This new signage option represents a sharp contrast to conventional and long-standing sign regulations that prohibit business signage that is not located specifically on the same property from which the business operates. More commonly known as "off-premise signage", the proposed regulations make an exception to the conventional rule to allow or facilitate signage for entrances to secluded industrial areas with a main entry (or entries) on an abutting arterial or collector roadway. Some of the existing industrial subdivisions that fits this description were not planned to accommodate entry/development signage. The proposed provisions would allow the addition of development or identity signage in an easement established on one or both properties at the entrance corners of the subdivision,without violating the off-premises sign regulations of the Code. Other Adding regulations/standards for Human Signs—The proposed standards introduces to the Sign Code boundaries on the use of human signs intended to maintain safety to pedestrians and motorists while respecting free speech rights. Exempting markers/signs for public art and historic properties— Such signs do not advertise commercial businesses or services and are part of the City's Public Art and Historic Preservation functions. Current size standards and other requirements, other than cross references,would be omitted. Excluding signs within urban areas from the standard landscaping requirements. Encouraging/Incentivizing the use or updating of a sign program Where applicable to a given development, an approved sign program is a pre-requisite to some benefits of the proposed amendments, including the use of an ECM, "A"-frame signs, and Neighborhood and Industrial Subdivision Signage, for example. Requiring the removal of dilapidated signs for abandoned businesses — This proposed requirement also includes an exception to the removal rule, for signage recognized as a part of the City's Historic Preservation or Public Art programs. Clean-up/House Keeping Clarifying exemptions for City signage. Emergency order relief provision. Removal of Mural regulations for relocation and administration under the Public Art Program. Expanding the description of items that may be placed on business property to attract attention. Clarification of the review process (combined with site plan approval). Reducing redundancy/Increasing user-friendliness One example is the merging of two sections that have similar regulations (e.g. Mixed-Use Development Identification signage and Neighborhood signage sections). -4- Page 74 of 89 Sign Code Update See Exhibit "A" for the proposed amendments as shown in the marked-up version of Article IV. Sign Standards. CONCLUSIONS/RECOMMENDATION If the subject amendments are approved, a very proactive implementation program is warranted to inform local businesses of the new opportunities offered by the updated Sign Code, as well as regular monitoring and evaluation for the achievement of intended objectives. It is anticipated that successful exposure to, and consideration of,the new Industrial Subdivision Signage provisions will require city staffs engagement with local businesses and owners associations. At minimum, such involvement by city staff is needed to facilitate dialogue among operators, assist through the review processes, and even to explore local funding sources. In addition,the proposed amendments require coordinating with the CRA to establish acceptable targeted "A"-frame sign options, and warrant follow-up amendments to other sections of the Land Development Regulations including Chapter 1, Article IL Definitions for the addition of new terms and updated graphics. Also, Chapter 4, Article IL Landscape Design and Buffering Standards should be amended for consistency with the change in requirements for landscaping of signage in the urban areas. Lastly, staff will continue working to complete the transferring of the Mural Regulation out of the Sign Code and establishment of the Mural Policy and corresponding administrative guidelines. Staff recommends that the subject amendments intended to update the City's Sign Code be approved. Attachments -5 - Page 75 of 89 7.7.C. New Business 11/23/2021 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/23/2021 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws regulating applicable to Home- based Businesses. City initiated. EXPLANATION OF REQUEST: On July 1St of this year, new state law became effective under the initiative of House Bill No. 403 that, in part, limit the regulatory authority of local governments over Home-based Businesses. In general, the new laws essentially allow any business, including retail sales, to be operated at a residential property with the only rules or standards applying to or involving number of employees, vehicle parking, physical appearance, performance standards (e.g. noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of corrosive, combustible, flammable or hazardous materials or liquids (See Exhibit"A" —HB 403.) While most aspects of the new state laws represent a more liberal regulatory system for Home-based Businesses, the laws do exceed the standards of the City by prohibiting the parking of vehicles and trailers used in the operation of the business, in the abutting right-of-way and sidewalk, and on any unimproved surface. PROPOSED AMENDMENTS The chapters and sections of the Land Development Regulations affected by these proposed amendments include Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3-D. Zoning Matrix and Matrix Note #34. The proposed amendments to City regulations are intended to show compliance with, and administer the new state laws, and establish some acceptable quantifiable criteria to ensure that the intended business activity is, and remains "secondary" to the use of the property for residential purpose. Specifically, the proposed regulations: • Set a new maximum percentage of the area of the home that can be used for the business (increasing the current maximum of 20 percent to 50 percent); • Indicate that use of the standard or common spaces that make-up a residential use (i.e. bedroom or kitchen) cannot be used by the business in a manner that precludes the use of such rooms as intended for residential purpose; and • Emphasize the need for sufficient parking capacity in the driveway (per city regulations) if use of the garage for the business precludes the use for vehicle parking. See Exhibit "B" for the proposed amendments to the above-referenced sections, shown in underlined and cross-out text. CONCLUSION/RECOMMENDATION In collaboration with the City Attorney's Office, staff has prepared the subject amendments, and recommends they be approved to reflect consistency with, and implement the new Florida Statutes Section 559.955 Page 76 of 89 applicable to regulating Home-based Businesses with the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None Recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Attachment Exhibit A- House Bill 403 D Amendment Exhibit B - Proposed Amendments Page 77 of 89 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING TO: Chair and Members Planning & Development Board FIND: Michael Rumpf Planning and Zoning Administrator DATE: November 17, 2021 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws regulating applicable to Home-based Businesses. City initiated. BACKGROUND/INTRODUCTION On July 1st of this year,new state law became effective under the initiative of House Bill No. 403 that, in part, limit the regulatory authority of local governments over Home-based Businesses. In general, the new laws essentially allow any business, including retail sales, to be operated at a residential property with the only rules or standards applying to or involving number of employees, vehicle parking, physical appearance, performance standards (e.g. noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of corrosive, combustible, flammable or hazardous materials or liquids (See Exhibit"A" —HB 403.) While most aspects of the new state laws represent a more liberal regulatory system for Home-based Businesses, the laws do exceed the standards of the City by prohibiting the parking of vehicles and trailers used in the operation of the business, in the abutting right-of-way and sidewalk, and on any unimproved surface. PROPOSED AMENDMENTS The chapters and sections of the Land Development Regulations affected by these proposed amendments include Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3-D. Zoning Matrix and Matrix Note 434. The proposed amendments to City regulations are intended to show compliance with, and administer the new state laws, and establish some acceptable quantifiable criteria to ensure that the intended Page 78 of 89 Home-based Business(CDRV 21-003) business activity is, and remains "secondary" to the use of the property for residential purpose. Specifically, the proposed regulations: • Set a new maximum percentage of the area of the home that can be used for the business (increasing the current maximum of 20 percent to 50 percent); • Indicate that use of the standard or common spaces that make-up a residential use(i.e. bedroom or kitchen) cannot be used by the business in a manner that precludes the use of such rooms as intended for residential purpose; and • Emphasize the need for sufficient parking capacity in the driveway (per city regulations) if use of the garage for the business precludes the use for vehicle parking. See Exhibit"B" for the proposed amendments to the above-referenced sections, shown in underlined and cross-out text. CONCLUSION/RECOMMENDATION In collaboration with the City Attorney's Office, staff has prepared the subject amendments, and recommends they be approved to reflect consistency with, and implement the new Florida Statutes Section 559.955 applicable to regulating Home-based Businesses with the City of Boynton Beach. -2 - Page 79 of 89 F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S ENROLLED CS/HB403, Engrossed 1 2021 Legislature 2 An act relating to home-based businesses; creating s. 3 559. 955, F.S; prohibiting local governments from 4 taking certain actions relating to the licensure and 5 regulation of home-based businesses; specifying 6 conditions under which a business is considered a 7 home-based business; defining the term "heavy 8 equipment"; authorizing home-based businesses to 9 operate in areas zoned for residential use; specifying 10 that home-based businesses are subject to certain 11 business taxes; authorizing adversely affected current 12 or prospective home-based business owners to challenge 13 certain local government actions; authorizing the 14 prevailing party in such challenge to recover 15 specified attorney fees and costs; providing that 16 certain existing and future residential association 17 declarations and documents are not superseded by the 18 act; providing that certain local laws, ordinances, or 19 regulations are not are not superseded; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1 . Section 559 . 955, Florida Statutes, is created 25 to read: Page 1 of 5 CODING:Words&Gkan are deletions;words underlined are additions. M0403-03-er Page 80 of 89 F L 0 R I D A H 0 U S E 0 F REP RE S E N T A T I V E S ENROLLED CS/HB403, Engrossed 1 2021 Legislature 26 559. 955 Home-based businesses; local government 27 restrictions.- 28 _(l) Local governments m not enact or enforce 29 ordinance, regulation, or policy or take any action to license 30 or otherwise re late a home-based business in violation of this 31 section. 32 _(2) A home-based business that operates from a residential 33 property as provided in subsection (3) : 34 -(a) May operate in an area zoned for residential use. 35 _(b) _May not be prohibited, restricted, re2ulated, or 36 licensed in a manner that is different from other businesses in 37 a local government!_s 'urisdiction, except as otherwise provided 38 in this section. 39 (c) Is only subject to ap _plicable business taxes under 40 ch eater 205 in the county and municipality in which the home- 41 based business is located. 42 (3) For purposes of this section, a business is considered 43 a home-based business if it operates, in whole or in part, from 44 , a residential ]2roperty and meets the following criteria: 45 (a) The employees of the business who work at the 46 residential dwelling must also reside in the residential 47 dwelling, except that up to a total of two employees or 48 independent contractors who do not reside at the residential 49 dwelling mwork at the business. The business may have 50 additional remote employees that do not work at the residential Page 2 of 5 CODING:Words sWGken are deletions;words underlined are additions. hb04O3-03-er Page 81 of 89 F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S ENROLLED CSIHB403, Engrossed 1 2021 Legislature 51 dwelling. 52 _(b) Parking related to the business activities of the 53 home-based business complies with local zoning reguirements and 54 the need for parkin cr qrenerated by the business may not be 55 reater in volume than would normally be expected at a similar 56 residence where no business is conducted. Local _governments may 57 regulate the use of vehicles or trailers operated or parked at 58 the business or on a street right-of-way, provided that such 59 re2ulations are not more stringent than those for a residence 60 where no business is conducted. Vehicles and trailers used in 61 connection with the business must be parked in le al 2ALhj:pa 62 spaces that are not located within the right-of-wad, on or over 63 a sidewalk, or on any unimproved surfaces at the residence. 64 Local governments may regulate the parking or storm e of hev 65 equipment at the business which is visible from the street or 66 nei2hborin2 2roperty. For purposes of this paragraph, the term 67 "heavy equipment" means commercial, industrial, or agricultural 68 vehicles, equipment, or machinery. 69 (c) As viewed from the street, the use of the residential 70 groperty is consistent with the uses of the residential areas 71 that surround the property. External modifications made to a 72 residential dwelling to accommodate a home-based business must 73 conform to the residential character and architectural 74 aesthetics of the neighborhood. The home-based business may not 75 conduct retail transactions at a structure other than the Page 3 of 5 CODING:Words s#Ww are deletions;words underlined are additions. M0403-03-er Page 82 of 89 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-113403, Engrossed 1 2021 Legislature 76 residential dwelling; however, incidental business uses and 77 activities may be conducted at the residential property. 78 (d) The activities of the home-based business are 79 secondary to the proerty's use as a residential dwelling. 80 (e) The business activities com2ly with any relevant local 81 or state re ulations with respect to si na a and equipment or 82 12rocesses that create noise, vibration, heat, smoke, dust, 83 glare, fumes, or noxious odors . Any local regulations on a 84 business with respect to noise, vibration, heat, smoke, dust, 85 glare, fumes, or noxious odors may not be more stringent than 86 those that Apply to a residence where no business is conducted. 87 (f) All business activities comply with any relevant 88 local, state, and federal regulations with respect to the use, 89 storage, or disposal of any corrosive, combustible, or other 90 hazardous or flammable materials or liquids. Any local 91 regulations on a business with respect to the use, storage, or 92 disposal of any corrosive, combustible, or other hazardous or 93 flammable materials or liSjuids may not be more stringent than 94 those that apply to a residence where no business is conducted. 95 (4) Any adversely affected current or prospective home- 96 based business owner may challen e any localgovernment action 97 in violation of this section. The prevailing party in a 98 challenge may recover reasonable attorney fees and costs 99 incurred in challenging or defending the action, including 100 reasonable appellate attorney fees and costs . Page 4 of 5 CODING:Words are deletions;words underlined are additions. hb0403-03-er Page 83 of 89 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 403, Engrossed 1 2021 Legislature 101 (5) The application of this section does not supersede: 102 (a) An current or future declaration or declaration of 103 condominium adopted pursuant to chapter 718, cooperative 104 document adopted 2ursuant to chanter 719, or declaration or 105 declaration of covenant adopted pursuant to chapter 720. 106 (b) Local laws, ordinances, or re ulations related to 107 transient publi.c,lodging establishments, as defined in s . 108 509.013 (4) (a) l . , that are not otherwise preempted under cha ter 109 509. 110 Section 2 . This act shall take effect July 1, 2021 . Page 5 of 5 CODING:Words are deletions;words undedined are additions. hb0403-03-er Page 84 of 89 Page 85 of 89 EXHIBIT "B" HOME OCCUPATION REGULATIONS (Home-based Businesses) DEFINED: Code of Ordinance, Part III LDR, Ch. 1. General Admin., Art. II. Definitions HOME " BUSINESS- at e An occupation, rofession activity or use that is seconclary and incidental use of a residential property, and is conducted on theproperty-with activity and intensity similar to the activit and intensity of a home where no home-based business is conducted, and without havin ane-ative im pact on the residential character and architectural aesthetics of the neigLborhopg. ZONING MATRIX Ch. 3. Zoning,Art. IV. Use Regulations, Sec. 3. Use Regulations, Sec. 3-D. Use Matrix (3-D) Residential Commercial Mixed-Use Indus Misc trial P=Permitted m Conditional 1 1 a p C a :) "V N M 'T u a-I a-i ei N M Z i-i N M q m V 0 W =Accessory ak Ck at Ck & a a. 2 u u u v 0 a CA 2 2 2 2 2 'a a oc RESIDENTIAL&LODGING Home P P P P P P P P P P P P P Gccvpa44ens- 34 34 34 34 34 34 34 34 34 34 34 34 4 Based Business ZONING MATRIX NOTES Sec. 3-D Use Matrix Notes—Note#34 34. Home -base business. a. Home based businesses shall be permitted subject to these specific regulations de&4Redintended to preserve and protect' residential neighborhoods,,_an,d implement en and enforcing,,,apglicable state laws. w4 fe mil-ek-4 e pofiaeses. In order for any home--Geeupatmwbased business to be permitted or continue to be permitted,the following performance standards shall be agreed to in writing {00479949.1 306.9001821) Page 86 of 89 EXHIBIT "B" (1) Compatibility. The business activity shall be seconda[yjq the use of the propegy as a residential dwellm& and T-the residential character and integrity of the neighborhood , gna _ must not be44&tu43edLe&Mded by the business acthdly., syjewed from the street or abutting properties, the occupational activity on the rope t44e4i9fne-shall be consistent with the uses of the residential areas that surround the rope rty.net4e ffetWeaWe*8ffW44���. (2) Size. A home occupation shall only be conducted as a secondary activitygkng vAt4less than io f � percent W0%)IIt smsilof the principal dwelling and any approved accessory,structures on the proe rt)L.4+ekuJ!gg F99M eF �eTiaop Spi@:e�Tthrin al house shall not be used for the business in a manner that revents on a daily basis, the use of�that�sace as it is intended for residential ps pMres.The garage p arage ma be used to support the business activitKjg lieu of its ...y ns capacitv for the minimum Le1re0p ng Wages for the house,on Hveway surfaces designed anappdroved parking pursuant tq City standards. Also, see itern belpW reRqrdn,&"Parking" reqMjrerneats. (3) On-site Restrictions. The home -base business shall be conducted at the approved address only by residents of that dwelling unit and one a maximum of two non-resident 2ygesf j;. Business activit involvirr- Interaction it gusto yrs, clients, associates or the like-l-shall only be conducted within the principal structure (4) Performance Standards. A home-based business shall operate in full compliance with requirements of the Land DevelopMgnt &glations Re I Cha r)ter 3. Article IV. Operational erfarmance Standards. in general,4no equipment or process shall be used in a home® ase business that creates fumes, glare, noise, odors, vibration,of-electrical interference,,etc which are-detectable to the normal senses off the property thereby creating a nuisance or hazard to neigh borin&residents.-in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the [SMS2]premises. The us handling or qgrggg _gf_gn y�corrosiveLcombustibble or other _ hazardous or flammable matereials or liguids must compj 'L _y wi all applicable local, state or federal�reulqgtLions. (5) Traffic. No Rarkingtfaffie shall be generated by a home-based business-966up"aff that would nor ally be expected at a similar residence where no business is conducted. PeIgMe4w" Any vehicle or trailer used to operate the business and store /parked gn th_q_pjgmj1sqs must be Parked in designated gkin spaces and not within the tight-,qL-wky,on or over the_sid sidewalk or orl.any unimproved surfaces at the (OD479949.1 306-9001821) Page 87 of 89 EXHIBIT "B" residence. This includes and or landscaped areas and the drainage swale. Parkin spaces onthe roperty must be in compliance with the requirements for the respective residential use as indicated_in_aff4v-wpt-Reed4aFi)afid*g-geoeFates 4PO4�4e Chapter 4, Article V1 of the Land Development Regulations. In addition, truck parking on the pro pert must also maintain cornDliance with the reauirements of the Code of Ordinances Part 2 Catr (6) Storage. All storage of materials or supplies used in the home occupation-sba449e 'n c;®®h g;Lo.r#i Q n _@Weve. -and shall not be visible from adjacent residential units or the street. e4he*4effw-ga�e+ Ya*d-Vear 49F-A may be used for the storage of vehicles rnaterials,and.sup,p,lies that suoort the business activityggly if,there remains capacityfor the miniD re ulred rkin spaces for the house,on driveway surfaces.Aesign,ed,and approved_aursuant to City standards. (7) Signage. No sign, display or any,object used to advertise the business ef-shall be placed, ln,the,yand or on any principal or accessory structure (8) Parking. A panel, pick-up truck, van, or similar type of truck that complies with the requirements of Chapter 14 of Part 11, Code of Ordinances and used principally for the subject home occupation, may be parked in a residential zoning district. Any,vehicl or trailer used to,operate the business and stored/parked on the remises must be p.qrked,in designated parking spaces and not wit,h,i,nthe!:ight-of-way,on or over the sidewalk, or on any"unimproved surfaces at the residence. This includes yard or landscaped areas and the drainage swale. Par kiuspaces on,the property_must be in cpMpljance with the reguirements forth the res pective,residential use as indicated in I [SMSiRewevef,-such vehicles or trailers must be used by a resident of the premiseS7 or other business 2ggLator and no more than one (1) such truck shall be located on the premises. (9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part 11 of the City Code of Ordinances. Part 111. LIAR C .__ . Zoning, Article IV. Ilse ulations i Sec. 1. Operational Performance Standards. All existing and subsequently considered uses of pr)perty including residential and horne- based businesses located within the city shall conform to the operational performance standards set forth below, and shall be constructed, maintained and operated so as not to differ from what is considered common within the immediate area and not be-noticeable to a degree it re resents a nuisance or hazard to the normal senses of persons;ananimals? (00479949.13069001821) Page 88 of 89 EXHIBIT "B" on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration,smoke, dust or other particulate matter;toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference,fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is a violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. {00479949.13069001821} Page 89 of 89