LEGAL APPROVAL
ORDER
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CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
In Re:
The application of BOYNTON LAKES PLAZA
This matter came before the City Commission of the City of
Boynton Beach, Florida on Tuesday, December 21, 1993, requesting an
appeal of the administrative determination made by the Planning and
Zoning Department to deny the requested modifications to the 1990,
sign program approved for the shopping center. The City Commission
of the City of Boynton Beach, upon the recommendation of city
administrative staff finds the following:
1. The modifications are compatible with their surroundings.
2. They will be designed, constructed, installed and
maintained in such a manner that they do not endanger public safety
nor contribute to vehicular visual distraction.
2, This matter has been approved with regard to paragraphs
-,
1, 2 and ,~in a letter by Mr. Goins', attached hereto and made a
part hereof, with the understanding that all colors be permitted on
Nationally registered logo~, to be not more than 20 percent of the
sign space (also see copy of December 21, 1993 minutes attached
hereto) .
ACCORDINGLY, IT IS ORDERED that the applicant's request.
is granted subject to the above comments.
DATED:
/.- 5 - q 'f
BY:
ill
JAN - 0 '994
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PlANNING AND
ZONING DEPT.
ATTEST:
j{c1..A~ ~t.(.J:i.d:t
City Clerk (lJM)
Via Fax 407-734-8111
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December 17, 1993
Mike Haag
Planning & Zoning
P.o. Box 310
Boynton Beach, FL 33435
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Dear Mr. Haag:
I appreciate the opportunity to meet with you and Ms. Heyden the
following day after the "Planning and Development Board Meeting".
As per the Boards recommendation, we met to further refine our sign
criteria. We felt great pressure from the city to make the canopy
signs as uniform as possible. In response, we agree to the
following:
Anchor Tenant
Anchor Tenant, as we agreed during the meeting, is defined "as all
tenants in line that meet or exceed 10,000 s.f.". We agree to your
recommendation as listed with your memorandum dated December 10,
199.3 to the Planning & Zoning Board which allows anchors to use
their established logo type and face color. An anchor does not have
to use a raceway, and may have a (5) five inch margin on the top
and bottom vice (12) inches.
OutDarcel Building
We agree with your recommendations listed on the same Planning &
Zoning memo allowing users to use their logo and face color if they
have an established sign. Note: An outparcel building does not
necessarily need to use a raceway.
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In-Line Tenant
As per our discussions both_~developer-and._cj..!-'y staff agreed to
(" /.c .I( ..'_ ~~_~__ following revisions t~~~~~i~~~__~~_c.~~ena~~
.p - >~,:.-+' :. .4.. .1. All in-line tenants wil-LlJ.sQ Red-/2Z:~~ (LEXAN) face
I I 10'" color. A tenant wi th \~l ~4-Q..J.._~_ stor~_~ who uses an
/?6I>,;J 1,~~ 'i:.-~ e~tablished signage,' and red is-not' in the tenant I s
~ I s1gnage, may use wh1te as an acceptab ~
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2. Tenants with a !"eg!~~~~ed_Jg.9:o letterinci may use that
type of lettering; however, alr-ot~h~r-tenants must use
Fritz Quadrata.
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Tenants__may use no more than 30% of their sign space for
a logo s~6"l:- - which can be y color, mounted on a
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-raceway.
3.
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All of the above is subject to the Bo rd of Commissioner's final
approval. This is a rigid sign critetia, that should give us a
little flexibility to compete with existing centers. we appreciate
your assistance in this matter. \
of Operations
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MINUTES - REGULAR CITY..cotItISSION MEETING
BOYNTON BEACH. FLORIDI
--.
DECEleER 21. 1993
-Motion
~. Mayor Pro Tem Matson moved to adjust the allowance to $600 per year.
Commissioner Walshak seconded the motion. A roll call vote was polled by City
Clerk Sue Kruse. The vote was 3-2. (Mayor Hanmening and Vice Mayor Aguila cast
the dissenting votes.)
5. Article 17 = Group Insurance
Motion
Commissioner Katz moved to restore the $7.00 per month. Commissioner Walshak
seconded the motion.
In response to Vice Mayor Aguila's question, City Manager Miller stated that if
one half of all of the Police Union members take this insurance, the total cost
would be approximately $3,300 per year.
The motion carried 4-1. (Mayor Hanmening cast the dissenting vote.) .
Motion
Vice Mayor Aguila moved to freeze the step increases for the balance of the
fiscal year. Commissioner Walshak seconded the motion which carried 5-0.
MAYOR HARMENING DECLARED A SHORT RECESS.
Vice Mayor Aguila did not return after the break.
Mayor Hanmening pointed out that Executive Sessions regarding Union negotiations
are held all year long where the Commission agrees to one thing. Then, when an
impasse hearing is held, the Commission gives everything away.
VII. PUBLIC AUDIENCE:
None.
VIII. DEVELOPMENT PLANS:
A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING a DEVELOPMENT
BOARD
None
B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPRO~ED BY PlANNING a
DEVELOPMENT
Description:
Boynton Lakes Plaza
Terry Hanms
Boynton Lakes Plaza Partnership
Boynton Lakes Boulevard at Plaza Lane; northwest
corner
SIGN PROGRAM: Request for modification to the
approved sign program
1. Project:
Agent:
Owner:
Location:
- 13 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FlOR'-"
- -__
DECEMBER 21. 1993
Ms. Heyden made the presentation. The current s1gn Code was adopted prior to
adoption of the conceptual site plan review process. Sign programs are dif-
ficult to process because staff does not have a clear consensus of what consti- ~
tutes visual hanmony. This request has been forwarded to the City Commission as
an appeal after the Planning and Zoning Department denied the site plan modifi-
cation which was requested to the sign program. The original sign program was
approved in 1990. The denial was based on lack of visual hanmony related to the
coloring, letter style and configuration proposed. Ms. Heyden displayed photos
of the signs in five shopping centers in Boynton Beach.
The existing sign program for Boynton La:~es Plaza allows letter styles to be
used that are associated with a corporate logo; however, the colQr is limited to
"Terra-Sand". All other tenant signage would be Fritz Quadrata letter style of
the "Terra-Sand" color. Logo symbols have not been addressed in that program.
With the proposed sign program, all tenants having a corporate identity would be
allowed to use their logo letter style, design and colors. All other tenants
would be limited to the Fritz Quadrata letter style and red signage.
The Planning and Zoning Department feels the proposed sign program leaves the
signage wide open with no unifying elements. When this request went before the
Planning and Development Board, there was no overwhelming consensus regarding
the signs, but it was recommended that the request be approved subject to
staff's revised sign program and that the approval be subject to no signs being
placed on the building towers.
Ms. Heyden reviewed staff's recommendations.
Non-anchor tenants in the main shopping center building
All logo signage would be allowed which would include letter style and colors.
Each tenant logo signage would be limited to 30 percent of the total allowed
tenant signage and the remaining 70 percent would be the Fritz Quadrata letter
style with red faces and the dark bronze returns. There would be a maximum
height for the Fritz Quadrata letter style of 301' and the maximum sign length
would be 80 percent of the tenant frontage. The allowable tenant sign width
would be located no less than 12- up from the bottom of the sign fascia and no
more than 12" down from the top of the sign fascia.
Anchor tenants
For anchor tenants, which staff defined as tenants with a minimum of 14,000
square feet, if there was no logo, then the letter style would be Fritz Quadrata
with individual internal illuminated channel letters. The letter face would be
red and the returns would be bronze.
In response to Mayor Pro Tem Matson's question, Ms. Heyden advised that the
color red was part of the original sign program. Most of the anchor tenants
have red signs, or are willing to make their signs red.
Signage would be limited to the front of the main building and could not be
closer than 12" from the top and 12" from the bottom of the sign fascia.
- 14 -
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- ---1):
MINUTES - REGULAR CITY lMMISSION MEETING
BOY.NTON BEACH, FLORIDA
DECEMBER 21, 1993
Outpa rce 1 s.
.. Logo signage would be allowed. If there is no logo signage, the letter style is
to be Fritz Quadrata, red with bronze returns.
D1ck Ja11le, 7656 Br1d11ngton Dr1ve, Boynton Beach, will be a tenant at this
plaza. He circulated a rendering of the signage planned for R.J. Gatorls. He
pointed out the importance of the logo colors confonning with the franchise
colors. The colors provide an identity.
Rocky Goins, AG Developers, explained that retailers rely on their national
logos to bring-them business. When they are not allowed to have their logos,
they will not go into the shopping center.
Commissioner Katz pointed out that because his work requires him to visit many
strip shopping centers in Broward and Palm Beach Counties, he is aware of the
fact that many national chains have been forbidden to incorporate their logo
. signage in towns with strict regulations.
Mr. Goins advised that following the Planning and Development Board meeting, he
has arrived at a compromise with his tenants. He read from his letter to Mike
Haag dated December 17, 1993. (A copy of that letter is attached to the origi-
nal copy of these minutes on file in the City Clerkls Office.)
There are four anchor tenants with at least 10,000 square feet of space. They
have agreed to delete the raceway. The 1211 margin was decreased to 511 to accom-
modate the "W" in the Walgreen's signage. All anchor tenants have agreed to use
red letters with bronze returns.
The outparcel buildings will be attaching their sign letters to the building.
They are not being required to use a raceway.
With regard to the in-line tenants, they have agreed to limit the sign colors to
red, but requested white as an alternate if a multi-store tenant refuses to
elect red as a color. Mr. Goins advised that the Planning and Development Board
required 70 percent of the sign to have Fritz Quadrata lettering. He is
opposed to this requirement and pointed out on the photos supplied that multi-
chain tenants in other shopping centers in Boynton Beach have been allowed to
use their script.
Mr. Goins also pointed out that a few of the tenants will have a logo symbol.
In the spirit of compromise, Mr. Goins agreed that these logos will be limited
to no more than 30 percent of the signage. He said that this sign criteria is
much stricter than what was originally approved for this project in 1990.
He urged the Commission to approve the sign criteria as amended in his letter of
December 17, 1993.
Commissioner Wa1shak asked for clarification of staffls position on Mr. Goins.
requests. Ms. Heyden stated that, in general, she does not have a problem with
an additional color being introduced. She does have prOblems with a multitude
of colors, letter styles and no unifying sign locations.
- 15 -
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MINUTES - REGULAR CY--' COMMISSION ~EETING
BOYNTON BEACH. FLORt.;..i
DECEMBER 21. 1993
Ms. Heyden referred to the December 17, 1993 letter and said that she has no
problem with II regarding introducing another color. Regarding 12, she is not
attached to the Fritz Quadrata letter style and has no problem with another
letter style or several other letter styles being added to the pool of choices.
She would not have a problem with the use of a script letter style for the
national chain tenants.
With regard to 13, Ms. Heyden clarified that Mr. Goins has agreee to limit the
symbol or pictorial to 30 percent with the remainder of the sign baing red or
white with th~ nationally-recognized letter style. While staff recognized the
need of certain companies to have their logo symbols, they feet a limitation is
necessary. Thirty (3D) percent would be for the logo symbol and the 70 percent
would be the unifying element for the center. Ms. Heyden point~d out that her
problem with #3 as written means that the entire logo symbol could be spread out
within 100 percent of the sign area, but the total could only be 30 percent.
In an attempt to clarify the meaning of #3, Mr. Goins explained that by taking
the square footage of the sign, 30 percent of the square footage of the sign
would be used for the logo symbol. Mr. Goins stated that margins have been
created which is space that cannot be used by any tenant. These margins create
the spacing for the signs to be centered over the business. If that space is
100 square feet, they could only use 30 square feet for the logo symbol. Ms.
Heyden used a photo which was available to try to clarify staff's recommenda-
tion. She explained that staff proposed that 30 percent should the symbol,
the color and the style and the rest of the 70 percent would be the unifying
letter style.
Mr. Goins explained that the Planning and Development Board wants to use Fritz
Quadrata letter style. He and his tenants are strongly opposed to doing that.
If they have a logo symbol, no more than 30 percent of their square footage can
fit the logo. Staff is requiring that Fritz Quadrata be used. Using the R.J.
Gator's rendering, Ms. Heyden explained that 30 percent of the 100 percent of
allowable signage would be the symbol and the name of the establishment, "R.J.
Gator'sll. The remaining 70 percent would be the Fritz Quadrata letter style
advertising, IINeighborhood Grill & Baril.
After lengthy discussion, Commissioner Katz confinmed that agreement had been
reached on the use of the colors red or white for the signage. He suggested
eliminating the logo symbols and keeping only the lettering logos. The tenants
could then use whatever lettering logo they possessed. Mr. Goins explained that
the trademarks are important to the tenants because they bring in money.
Commissioner Katz does not feel these businesses will make less money if their
symbol logo is eliminated from the signage. Mr. Goins said the center lost
Outback Restaurant as a tenant because agreement could not be reached with the
City to allow them to use their colors on their building. That was a loss of
$500,000. Goodyear was dropped from the shopping center because of Commission
concerns. McDonald's is prevented from ever coming into the center because they
require "g01den arches" as part of their signage and yellow is not penmitted in
the center.
Mayor Hanmening said there are many shopping centers throughout Boynton Beach
which have high vacancy rates; however, the Shoppes of Boynton has a high occu-
pancy rate. He agrees with the concept of improving the overall appearance of
the City and thinks the only people who will be affected by the national logo
- 16 -
~--..
MINUTES - REGULAR C--v COMMISSION ~ETI~.
BOYNTON BEACH, FLORl~
DECEMBER 21, 1993
Motion
Commissioner Katz moved that we go along with whatever the Acting Planning
Director is comfortable with except #3 of Mr. Goins letter of December 17, 1993,
where we eliminate any multi-colored symbol logos. Mayor Pro Tem Matson
seconded the motion.
Mr. Goins stated that the Commission is decreasing his ability to attract
tenants and he did not feel this was fair. He did not feel the COlnmission was
compromising. Mayor Pro Tem Matson explained to Mr. Goins that the Commission
had compromised by a1:owing the change of letter style, allowing two colors,
allowing the logo lettering and taking away the Terra-Sand.
Attorney Cherof requested the motion be clarified by Commissioner Katz.
Ms. Heyden clarified that she would be comfortable with the following:
For in-line Tenants, anchors and any tenant with a logo or trademark,
the symbols or pictures are limited to 20 percent, with symbols.
limited to red and white. The trademarks must be nationally
registered. Lettering style can be red or white and any type of
lettering is penmitted.
Anchors will be tenants who occupy 10,000 square feet or more.
Walgreen's is penmitted to have the 5" margins, but all others
must have 12" margins.
The colors on the symbol logos must be red or white, or red and
white.
Outparce1s will be handled as specified in Mr. Goins letter to
Mr. Haag dated December 17, 1993.
Mr. Goins requested penmission to use colors on the logo symbols and offered to
limit the number of colors to five in order to allow flexibility in dealing with
national chains.
Mr. Jalile stated he was perplexed at why this issue was so difficult since
these logos stand as they are throughout the county. Mr. Goins agreed with that
statement and felt this discussion was unbelievable. Ms. Heyden agreed that if
the symbols are to be allowed, .they should be the colors that are associated
with the symbol.
After discussion, Mayor Hanmening confinmed that there was a consensus of the
Commission that as long as the symbol is only 20 percent of the sign logo, the
colors will be limited to five. The tenants may use a copyrighted script.
Commissioner Katz withdrew his motion and Mayor Pro Tem Matson withdrew her
second.
Motion
Mayor Pro Tem Matson moved to approve what is in Mr. Goins' letter with regard
to #1, #2 and #3 with the change that 20 percent of their sign space be limited
to five colors. Commissioner Katz seconded the motion.
- 18 -
- .-.
MINUTES - REGULAR CI COMMISSION ~:ETING'
BOYNTON BEACH, FLORIbA
DECEMBER 21, 1993
Mr. Goins requested that all colors be penmitted on the 20 percent of the sign
space.
Mayor Pro Tern Matson and Commissioner Katz agreed to the change. The motion
carried unanimously.
Ms. Heyden asked if these proceedings are an indication of how the Commission
would like the sign program handled in the future. Mayor Pro Tem Matson
suggested eliminating the Community Design Plan and addressing criteria everyone
can live with.
Boynton Nu series PUD
Roger G. Sa erson "\ '. "\
oynton Nur ries ~\
awrence Roa at L.W.D. . L-21 northwest'
c rner \
T E EXTENSIO Request for a one year time ext~n-
I
si to concur ncy exemp ion and t filing a pre-
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1 im nary plat
Ms. Hey n made the resentation. This projec was appr ved in 19 0 for 400
nits. is is a req est for a third one-year\~ime extension to tHe expiration
f their ncurrency r traffic, d~~inage and neighborhood parks, PUO zoning
a d master lane The rrent extens\on expires on March 5, 1994, unless the
pr 1iminary lat application has been\filed by that date. The applicant wishes
\
to xtend th s until March 5, 1995. The Planning and Development Board recom-
men d approv 1 of a six-month extension.
. Project:
Agent:
Owner:
Location:
Even hough the time extension would exempt them from traffic, drainage and
neigh~ rhood parks, when the proposal came through, drainage and neighborhood
parks et the current level of service. Ms. Heyden contacted the County to see
what ro dway links might be impacted if they were subject to current traffic
levels and they indicated that Gateway Boulevard and Hypoluxo Road would be
impacted .'
Roger Saberson said a contract currently exists with Pu1te Homes.
Unfortunately, Boynton Nurseries is not a developer. Under the contract, Pulte
will do a number of studies and tests prior to expending the funds to prepare
and file the preliminary plat. The engineering fees for the preliminary plat
could amount to $150,000 to $170,000 for the project. The problem for Boynton
Nurseries is that as Pulte moves forward, if they do not wish to proceed with
the project near the end of the six months, Boynton Nurseries will need the
additional six months to get another developer on board.
Motion
Commissioner Walshak moved to approve the request in VIII-B.2. Mayor Pro Tem
Matson seconded the motion.
Commissioner Katz pointed out that a six month extension would actually provide
nine months because it expires on March 5, 1994.
Mr. Saberson feels that amount of time would be necessary to secure the services
of another developer.
The motion carried 3-1. (Commissioner Katz cast the dissenting vote.)
- 19 -
3IGN PROGRAM BOYNTON LAKES PLAZA
Lettering
Returns
Trh-rl cap
Logo symbol
- Any style and color
- Not to exceed the tallest
the Winn Dixie wall sign
- Channel
- Any type w I no limitation on percentage of
size, style or number of colors
TENANT WALL SIGNAGE - IN-LINE TENANT WITH NATIONAL REGISTEF.ED
TRADEHARK (TENANT SPACE AREA LESS THAN 10,000 SQ. FT.)
Lettering
Letter height
Lettering signage
Returns
Trim Cap
Logo Symbol
- A.ny style and the color shall be #
red or #" white
- 30 inch maximum
- Channel
- Bronze
- Bronze or the same color as the sign face
- Any type wi maximum size 20% of the total
allowed wall signage and no limitation on
style or number of colors
TENANT WALL SIGNAGE - IN-LINE TENANT WITHOUT NATIONAL REGISTERED
TRADEMARK (TENANT SPACE AREA LESS THAN 10,000 SQ. FT.)
LettE:ring
Letter height
Lettering signage
Returns
Trim cap
Logo symbol
- pritz Quadrata and the color shall be #
red or # white
- 30 inch maximum
Channel
- Bronze
- Bronze or the same color as the sign face
- Any type w/ maximum si~e not to exceed 20 %
of the total allowed wall signage and no
limitation on style, however! the color
shall be # red or #
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page 2 Sign Program Boym:on Beach Plaza
NOTES:
1) Wall slgnage shall not be placed on the tower structures
located O:il the main :JuildL.'1g.
2) wall signage shall not be placed on the east and south
1,~'a:1s oi tht ma::.n buildin.g.
3) See 'lttached drawmg of the building fascia that depicts
t.aE: iocation and SIZe ::1 .sign baHc..
4) Wall sig-nage shall be centered within the width cf the
t.E:IF,Y} t spac,?
S) The overall size of the wall signage shall not exceed the
size .3pecificatlons listed ill tl1'~ sign Cede.
6) pJl 5ig'n req:lirements and specifications listed in the
Slqn :::orh: are :'lpplicaD~e unless .}therwise noted.
"7) The .:olor: styl::::, shcpe and size ::.,f [he free stans.ing
signage and sign structure depictE:d on tbe permit
d:.-awings associted with permit ::; anc. ;:;
'ire consIdered part of the sign progra.'1l.
;3) 1-\11 hardware that is i~xposed and used to attach the
signag;~ to the sign band and/or material used to screen
tii2 ilarG.wan~ from vievl ,;ha11 l1av.,; a. f.. exterior 2cl:::r that
n3tc:.s :::i::c col.x oI ~he 3ign band.
g) '1'hr'; p,~rimeter of a logo symbol and/or lettering shall not
-.J,.,; C ,OSE:r t11;.;n 5" to thE: ~op ,)r bottom of th2 :3ign band.
F ~ T;:0 landkrcl shall ngn3t'lre approve ,ill request..:; for sigL
r:er::nit.'=' . The lanc~k:r0 approval shall not change the
th8 :=peclficatio:1s Df the approved 31';Jli progr,::El.
l~,) In .Jrder :for signage to be considered as a. Nabenal
registered trademark there shall be verification that the
?rOpOEi:-G s::.qna':JE: is used out.3l.de tt.8 state of Florida.
- page 2 Sign Program Boynton Beach Plaza
NOTES:
1) \vall signage shall not be placed on the tower structures
located on the main building.
2) Wall signage shall not be placed on the east and .south
walls of the main building.
3) See attached drawing of the building fascia that depicts
L'1e location and size of sign band.
4) Wall signage shall be centered within the width of the
tenan t space.
5) The overall size of the wall sign age shall not exceed the
size specifications listed in the Sign Code.
5 ) All sign requirement3 and specifications listed in the
Sign Code are applicable unless otherwise noted.
7) The color, style, shape and size of the free standing
signage and sign structure depicted on the permit
drawings associted with permit #: and #
are consid 3red part or the sign program.
8) All hardware that is exposed and used to attach the
signage to the sign band and/or material used to screen
the hardware from view shall have an exterior color that
matc~s the color of the sign band.
9) The perimeter of a logo symbol and/or lettering shall net
be closer than :,n to the top or bottom of the sign band.
J6:J-
Sec. 21-19. Signs not to constitute traffic hazard.
-- .-.
No sign or Jther advertising structur~ as regulated by this
ordinance shall be erected at the intersection of any streets in
such a manner as to obstruct free and clear vision; or at any
location where, by reason of the position, shape or color, it may
interfere with, obstruct the view of or be confused with any
authorized traffic sign, signal or device.
Sec. 21-20. Obscene matter/Misleading advertising prohibited.
It shall be unlawful for any person to display upon any
sign or other advertising structure any obscene, indecent or
immoral matter.
It shall be unlawful for a person to display false or
misleading statements upon signs, calculated to mislead the
pUblic as to anything sold, any services to be performed or
information disseminated. The fact that any sign or display
shall contain words or language sufficient to mislead a
reasonable and prudent person in reading same, shall be prima
facie evidence of a violation of this section by the person
displaying the sign or permitting same to be displayed.
Sec. 21-21. Aesthetic qualifications.
The aesthetic quali ty of a building or an entire
neighborhood is materially affected by achieving visual harmony
of the signs on or about a structure as it relates to the
arc hi tecture of the building or the adj acent surroundings. In
addition to the mechanical limitations on signs imposed by this
section, there are certain aesthetic considerations which must be
met and are therefore subject to review by the Community
Appearance Board when required.
(a) The scale of the sign must be consistent with the scale
of the building on which it is to be placed or painted
and the neighborhood in which it is located. However,
in no case shall it exceed the size provided for in
other sections of this chapter.
(b) The overall effect of the configuration or coloring of
the sign shall be consistent with the Community Design
Guidelines. The conf iguration and colors shall be
complementary with other signs already on the building
and on adjacent properties.
All freestanding signs shall be landscaped in an attractive
manner, appropriate to the specific location, with a minimum
dimension of the landscaped area not less than two ( 2 ) feet.
Landscaping shall be protected from vehicular encroachment.
Sec. 21-22. Interpretation.
Where a question arises regarding the interpretation of
this chapter, the most restrictive interpretation shall prevail.
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