REVIEW COMMENTS
STAFF REPORT
BOARD OF ADJUSTMENT
July 1, 1992
Case #168
Location: Oakwood Square - Congress
Avenue Main Entrance
OWners: Massachusetts
Life Insurance Company
Request:
A variance to Chapter 21 Sign Code Section 21-26(b) of the
Boynton Beach Code of Ordinances.
1. A request to increase the maximum free standing sign
height of twenty (20) feet to twenty-five (25) feet.
Analysis:
The Oakwood Square shopping center presently has one free
standing sign located near its main entrance on Congress Avenue.
The sign is nonconforming. The applicant is proposing to modify
and structurally alter the sign by adding tenant signage.
Following review of the documents submitted for the variance, it
is determined that the height of the existing sign is the only
aspect of the sign that is not conforming to the code. The
overall height of the present sign is twenty-six and one-half
(26.5) feet; the maximum height allowed per the code is twenty
(20) feet.
Non conforming signs shall comply with the following:
Any existing sign which does not conform to the requirements of
this chapter, shall hereafter be deemed nonconforming. All signs
must be maintained to original standards and conditions and upon
modification must comply with all sections of this chapter.
Relettering or change of copy, provided there is no alteration or
repair made to the sign structure, shall not constitute a
modification.
Nonconforming signs shall be removed, changed or altered to
conform to the provisions of this chapter within five (5) years
from the date this Sign Code takes effect.
The installation of free standing signs for shopping center sites
shall comply with the following:
Section 21-26. Signs permitted and regulated for shopping centers
and public use districts.
(b) One (1) free standing sign advertising the use of the
premises. This sign shall be predicated on the basis
of one (1) square foot of sign area for each linear foot of
street frontage of the lot provided such sign shall not exceed
one hundred sixty (160) square feet in area with a maximum
height of twenty (20) feet. Lots which front on more than
one (1) collector and/or arterial roadway shall be allowed
one (1) additional free standing sign, not to exceed one
hundred sixty (160) square feet in area with a maximum
height of twenty (20) feet, to be located on the additional
roadway.
The applicant is requesting a special exception to establish the
overall height of the modified sign at twenty-five (25) feet.
Section 21-16 of the Sign Code specifies:
The Board of Adjustment may grant a variance if it finds that the
unusual shape or topography of the property in question prevents
signage allowable under the provisions of this ordinance from
adequately identifying the business or other activity located on
such property. The Board of Adjustment may only grant a variance
to:
-2-
a. allow a setback less than that required under the
ordinance;
b. allow the area and/or height of a sign to be increased
by up to twenty-five (25) percent of the maximum
allowable height or area; or
c. allow the number of signs to be increased over the
maximum allowed by this code.
No variances may be granted to signs expressly prohibited by this
chapter.
This request is forwarded to the Board consistent with the said
section, more specifically, part (b) for height. The variance
request is for a twenty-five (25) percent increase in height from
twenty (20) feet to twenty-five (25) feet.
If the Board rules in favor of the request, it is mandatory that
prior to construction of the sign the applicant submit working
drawings to the Building Department for permit review.
MH/cmc
xc: Board of Adjustment members
City Manager
City Attorney
City Clerk
Planning and Zoning Director
Zoning and Site Administrator
Applicants
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