CORRESPONDENCE
........
,';
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. Boynton Beach Boulevard
Suite #201
Boynton Beach, Florida 33435
PHONE . 561 /736-8838
FAX . 561/736-8079
October 9,2007
~~@~ow~@
OCT 1 1 2007
Michael Rumpf
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPARTMENT
1 00 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
PLANNING AND
ZONING DEPT.
RE: The ficket Clinic- 3349 N. Federal Highway
Annexation/Existing Sign
Dear Mike:
Thanks for meeting with us yesterday to discuss the project and more specifically the existing sign.
As discussed, there were two issues of concern relative to the conformity of the sign based on City
regulations. Those two issues were height and the set back.
As indicated in the meeting, our Client is willing to lower the height of the sign to be in compliance
with the City regulations of 8 feet. In doing so, we understand that the address number can be
relocated to the top of the sign to avoid conflict with landscaping and extend above the 8 foot
height. The City's setback is 10 feet according to Article III, Section 5 and the sign is constructed
with a 5 foot setback per County regulations. Article III, Section 7 however indicates that the
setback is not a criteria for being deemed nonconforming as long as the sign does not obstruct
visibility as described by Article Section 5. The attached exhibit shows that the existing sign meets
the sight visibility triangles that are described by this section. Accordingly, it is our interpretation that
as long as we lower the height of the sign, the sign can be deemed conforming and hopefully this
matter can be resolved for the annexation applications to be supported by the City staff.
To confirm that you are in agreement with our interpretation, please return a signed copy of this
letter. If you feel otherwise, please give me a call so we can continue the dialogue.
Thanks again for your time and assistance.
Sincerely,
/'
~"lD ON j1.ir;NSU lTANTS, INC.
B~adletiller, AICP
President
Acknowledged and Agreed
Michael Rumpf, Planning & Zoning Director
City of Boynton Beach
cc: Kurt Bressner
Mark Gold/Ted Hollander
M:\M L P C\PROJECTS\The Ticket Clinic\M, Rumph l00907.wpd
Page 1 of6
Boynton Beach, FL Code of Ordinances
PART III LAND DEVELOPMENT REGULATIONS'
CHAPTER 21 SIGNS
ARTICLE III SPECIAL CONDITIONS
ARTICLE III. SPECIAL CONDITIONS
Section 1. Traffic hazards.
No sign or structure supporting a sign regulated by this chapter 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.
(Ord. No. 00-78, ~ 2, 1-2-01; Ord. No. 01-50, ~ 3, 12-4-01)
Section 2. Obscene matter/misleading advertising.
It shall be unlawful for any person to display upon any sign or other advertising structure any
obscene or indecent 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.
(Ord. No. 00-78, ~ 2, 1-2-01; Ord. No. 01-50, ~ 3, 12-4-01)
Section 3. Aesthetics.
The aesthetic quality of a building or an entire neighborhood is materially affected by achieving
visual harmony of the signs on or about a structure supporting a sign as it relates to the architecture of
the building or the adjacent 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 Planning and Development 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 configuration 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.
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(Ord. No. 00-78, ~ 2, 1-2-01; Ord. No. 01-50, ~ 3, 12-4-01)
Section 4. Interpretation.
Where a question arises regarding the interpretation of this chapter, the most restrictive interpretation
shall prevail.
Interpretations of this chapter shall be made by the director of development or designee.
(Ord. No. 00-78, ~ 2, 1-2-01; Ord. No. 01-50, ~ 3, 12-4-01)
Section 5. Setbacks.
~
All signs must meet a minimum ten (10) foot setback measured from the property line to the closest
surface of the sign. Where a building is closer than ten (10) feet from a property line, a freestanding
sign can have its leading edge one halfway between the property line and the building. Wall signs can
be on the building surface.
When an accessway intersects a public right-of-way or when the subject property abuts the
intersection of two (2) or more public rights-of-way, all signage within the triangular areas described
below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet.
The triangular areas above referred to are:
B. The area of property located at a comer formed by the intersection of two (2) or more public or
private rights-of-way, with two (2) sides of the triangular area being thirty-five (35) feet in length along
the abutting public right-of-way lines, measured from their point of intersection and the third side being
a line connecting the ends of the other two (2) lines.
(Ord. No. 00-78, ~ 2, 1-2-01; Ord. No. 01-50, ~ 3, 12-4-01)
Section 6. Special signs.
A. Temporary project development signs. Large areas under development shall be permitted two
(2) signs not to exceed a combined aggregate area of two hundred fifty (250) square feet. Said signs
shall be located in accordance with the requirements contained in this chapter relating to the specific
zoned area. Permits for said signs shall be limited to the time the development is completed, terminated
or abandoned. The permits for such signs will not be issued prior to the date upon which an application
for a permit for the related building construction or site development is filed. These signs must be
removed within one hundred twenty (120) days after the permit is issued, if construction has not
commenced, or if such construction is substantially abandoned for ninety (90) days, as evidenced by a
lack of inspections and/or other pertinent conditions. Signs must be removed when the final building
inspection is called for.
B. Temporary construction signs. One (1) non-illuminated sign may be permitted to be erected on
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Page 3 of6
the premises or attached to a tool house on the premises subject to the following conditions:
1. Such sign shall not exceed thirty-two (32) square feet in area.
2. Such sign shall not be erected prior to the issuance of a building permit and must be removed
when the building or project is completed; provided, however, if such sign is erected as permitted
hereunder and construction is not commenced within one hundred eighty (180) days after permit is
issued, or if such construction is substantially abandoned for one hundred eight (180) days as evidenced
by a lack of successful inspections and/or other pertinent conditions, such sign shall be immediately
removed by the owner or lessee of the premises.
3. Such sign shall be located on the premises being developed in accordance with the
requirements of this Code relating to the specific zone areas.
C. Directional signs.
1. General directional signs limited to six (6) per civic organization, church, recreational facility
and limited to one hundred forty-four (144) square inches per sign and located at street intersections or
other locations for the convenience of the traveling public, may be permitted in city right-of-way when
approved by the director of development. The owner shall have the signs made at the owner's expense,
but according to the specifications of the city. Said signs shall be placed by the responsible
governmental body at the expense of the owner and when the sign is in the public right-of-way, it shall
be placed on opposite comers from street signs. A limit of six (6) signs on one (1) pole may be
permitted at each street intersection.
2. Signs of a temporary nature, not to exceed seventy-five (75) square feet in area, may be
permitted. Such signs shall be located at specified points for the convenience of the traveling public.
The signs shall be removed within five (5) days of the completion of the event.
3. Street signs. A subdivision name sign may be placed on a city street post by city personnel,
provided it is requested through the Public Works Department and paid for by the party requesting said
sign. lIDs sign shall be identical to the street sign as to color, size and shape.
4. Temporary directional signs may be erected to guide traffic to building models at inter-
sections in the city rights-of-way. Such signs shall not exceed three (3) square feet in area, nor be more
than three (3) feet in height above the grade of the right-of-way. Said signs shall be approved by the
development department. Not more than six (6) such signs will be allowed for anyone (1) development.
These signs shall be placed at the development departmenfs discretion and in all cases shall be placed as
close as possible to the development from the main thoroughfare.
5. A residential subdivision, residential development or neighborhood association of twenty-
five (25) units or more, may be allowed one (1) identification sign at each major intersection which
serves the residential subdivision, residential development or neighborhood association, not to exceed
two such locations. Each sign may have no more than two (2) faces not exceeding sixteen (16) square
feet each face, and may be located in the public right-of-way when traffic visibility is unobstructed and
the location is approved by the director of development. Upon approval, the city and the representatives
of the residential subdivision or residential development or neighborhood association shall enter into a
license agreement, setting forth the terms and conditions upon which approval to place the sign on the
public right-of-way is granted. Approval does not preclude the necessity to secure approvals from other
govern-mental agencies.
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D. Temporary political signs may be posted on private property within the city. All political signs
must comply with Part III LDR, Chapter 2, Zoning, Section 4(E) Visual Obstructions.
E. Bus shelter signs. Signs on city transit stop shelters may be permitted when authorized by
written agreement approved by action of the City Commission pursuant to the provisions ofF.s. ~
337.407(2). When so authorized, the following standards shall apply:
1. Signs on city transit stop shelters and associated structures and equipment, including but not
limited to benches, bicycle racks, and trash receptacles, shall be permitted only at city transit stops
designated by the city, or other areas approved by the City. Placement of bus shelters shall be subject to
city review so that no shelter shall be permitted to obstruct a public sidewalk or create a hazard or to
otherwise be detrimental to the public safety. A permit for each bus shelter shall be required, but no
permit fee shall be charged.
2. Bus shelters and associated structures or equipment shall be designed to meet city building
code requirements, if any.
3. Any bus shelter or associated structure or equipment located on a sidewalk within a public
right-of-way, shall be so located so as to leave at least thirty-six (36) inches clearance for pedestrians
and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the
centerline of the road. In addition, shelters and pads shall comply with the Americans with Disabilities
Act Implementation Manual, Accessibility Guidelines for Transportation Facilities; Part IV of the
Federal Register, Transportation for Individuals with Disabilities; F.S. Chapter 337; the Florida
Administrative Code Rule Chapter 14-20; and any city standards or guidelines for placement and design.
4. Not more than one bus shelter or associated structure or equipment displaying signage or
intended for the display of signage shall be permitted at a city transit stop.
5. Display space on bus shelters shall be limited in location and size to the side or rear wind
screen panels.
6. Should any bus shelter, associated structure or equipment or sign on an associated structure
or equipment, or bus shelter sign fail to conform to the above standards; or should a residential property
owner object to the presence of a bus shelter abutting his property, then the city may order the
sponsoring organization to remove such bus shelter and, that failing, may remove same at the expense of
the sponsoring organization.
F. One temporary banner may be posted on private commercial or industrially zoned property
within the city for a period of time not to exceed two weeks within a one year period, except that a new
business may post one (1) temporary banner announcing the opening of the business for a time period
not to exceed ninety (90) days from the date of issuance of the businesses first occupational license.
This provision for new businesses has no application to the annual renewal of an existing business'
business tax receipt. Temporary banners may not exceed an area of twenty (20) square feet each, may
not be placed in setbacks, and may not create any obstruction to motorist visibility. Applicant shall
agree to remove banners within twelve hours upon posting of a tropical storm or hurricane watch. This
subsection shall not prohibit the city from placing banner signs on city owned property or within the
public right-of-way within certain designated corridors throughout the city in order to announce
municipal or not-for profit activities, events or programs pursuant to this chapter.
(Ord. No. 96-61, ~ 3, 1-21-97; Ord. No. 97-42, ~ 1,8-19-97; Old. No. 00-78, ~ 2, 1-2-01; Old. No. 01-
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50, S 3, 12-4-01; Ord. No. 03-038, S 2, 8-19-03; Ord. No. 06-096, S2, 1-2-07; Ord. No. 06-098, S 2, 1-2-
07)
Section 7. Nonconforming signs.
A sign or structure supporting a sign located in an area annexed into the city after the adoption of
Ordinance No. 91-1 (January 15, 1991) shall be brought into compliance with all provisions of the Sign
Code within six (6) months following the date of annexation. No amortization period provided herein
shall apply to signs or structures supporting the signs within such annexation areas.
A billboard sign in an area of Palm Beach County which is annexed into the City of Boynton Beach
after the date of adoption of Ordinance No. 94-18 (June 21, 1994) shall be brought into compliance with
all provisions of the Sign code within five (5) years following the date of annexation, provided that any
billboard on undeveloped land shall be brought into compliance as a condition precedent to the issuance
of any development order sought prior to the five-year amortization period. An existing billboard sign
which was annexed into the City of Boynton Beach after January 15, 1991 shall be brought into
compliance within five (5) years from the date of adoption of Ordinance No. 94-18 (June 21, 1994).
The provisions of this section which define and delineate a nonconforming sign shall apply to all
billboards annexed into the city.
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 by December 31, 1999.
"*' A sign shall not be deemed nonconforming if anyone ofthe following conditions appl~:
A. The sign is a freestanding sign which does not exceed 24 feet in height but is otherwise in
conformance with all provisions of this chapter; or
B. The sign is a wall sign or freestanding sign which does not exceed the sign limitations set forth
in this Sign Code by more than 20 percent and is otherwise in conformance with all provisions of this
chapter; or
1:
C. The sign is a freestanding sign which does not meet the setback requirements of this chapter,
but does not otherwise violate the setback requirements set forth in Article III, Section 5 or any other
provisions of this chapter.
If any nonconforming sign is damaged by any cause or is otherwise in need of repair, to such an
extent that the cost of repairing the sign equals fifty (50) per cent or more ofthe original cost ofthe sign,
then its classification as a "nonconforming" sign under this section shall be automatically revoked and
repairs shall be made so that such sign shall meet all the requirements of this chapter.
(Ord. No. 96-61, S 4, 1-21-97; Ord. No. 00-78, S 2, 1-2-01; Ord. No. 01-50, S 3, 12-4-01)
Section 8. Overhead clearance.
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Page 60f6
A sign projecting over areas where vehicular traffic may be required to pass shall be erected to
maintain a minimum clearance of sixteen (16) feet for the free passage of such vehicles.
(Ord. No. 00-78, ~ 2, 1-2-01; Ord. No. 01-50, ~ 3, 12-4-01)
Section 9. Numerical addresses required.
The numerical address for the property shall be affixed to and be an integral and prominent part of
any freestanding sign.
(Ord. No. 03-062, ~ 4, 12-16-03)
Disclaimer:
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the
Municipality American Legal Publishing Corporation provides these documents for informational purposes only These documents should not
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the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588
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Rumpf, Michael
From: Rumpf, Michael
Sent: Friday, October 12, 2007 5:49 PM
To: 'bradley@mlpc.net'
Subject: RE: FW: Ticket Clinic - Sign regs
Bradley, in response to your letter dated, October 9th" I interpret the City's regulations to require an annexed sign
to conform, rather than be eligible for grandfathering. I think my previous e-mail provided a more thorough
explanation,
As always, staff tries to offer solutions along with the problems that are identified. One suggestion would be to
eliminate that nearest parking space and shift the sign 5 feet inward, I know that parking spaces are few but that
there is a surplus of one space. Or, relocate it to the south near the property boundary, and perhaps the ultimate
wall required along the south boundary can be reduced in height as it nears the road to open views to the sign.
That suggestion is preliminary and needs more thought to ensure that other issues aren't created.
Mike
From: bradley@mlpc.net [mailto:bradley@mlpc.net]
Sent: Tuesday, October 09, 20078:18 PM
To: Breese, Ed; Rumpf, Michael
Subject: RE: FW: Ticket Clinic - Sign regs
Wow. Ancient email address.
I left a voice mail for Mike and a letter with code sections attached should have been dropped off late
today. I think there's a section for nonconforming signs that lets us deal with the setback without a
variance. Check it out and give me a call.
Bradley Miller
-------- Original Message --------
From: "Breese, Ed" <BreeseE@ci.boynton-beach.f1.us>
Date: Tue, October 09,20077:51 am
To: <bradley@mlpc.net>
Bradley,
Mike asked if I would pass this information on. Ed
-----Original Message-----
From: Rumpf, Michael
Sent: Tuesday, October 09,20077:47 AM
To: Breese, Ed
Subject: Fw: Ticket Clinic - Sign regs
10/15/2007
,{
Page 2 of2
.a
Ed, my first attempt to send this last night failed. Please forward to Brad as I think you recently
received mail from him. Thanks
-----Original Message-----
From: Rumpf, Michael
To: 'mlpc@bellsouth.net' <mlpc@bellsouth.net>
Sent: Mon Oct 08 22:58:58 2007
Subject: Ticket Clinic - Sign regs
Good and bad news.
The code is specific to require annexed signs to come into compliance with all requirements of
the sign code.
Variance process is applicable to setbacks, except that it doesn't appear intended for annexed
signs.
Mike
10/15/2007