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O91-10ORDINANCE NO. O91-/~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, MORE COMMONLY KNOWN AS THE BOYNTON BEACH SIGN CODE BY AMENDING SECTIONS 21-5 TO CLARIFY GUIDELINES, 21-13 TO CLARIFY QUALIFICATIONS GOVERNING SIGN WORK, 21-14 TO CLARIFY DESIGN LOAD REQUIREMENTS, 21-16 TO CLARIFY CRITERIA FOR VARIANCES, AND 21-32 TO CLARIFY THE AMORTIZATION SCHEDULE AS APPLIED TO NONCONFORMING SIGNS AND SIGNS IN AREAS BEING ANNEXED INTO THE CITY; PROVIDING FOR A CONFLICT CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 21, Section 21-5. Application ~or permit, of the Code of Ordinances of the City of Boynton 3each, Florida, is hereby amended by deleting the words and ~igures in struck-through type and by adding the words and ~igures in underlined type, as follows: ~ec. 21-5. Application for permit. Application for permits shall be made upon blanks )rovided by the Building Department and shall contain or Lave attached thereto the following information: (a) name, address and telephone number of the applicant; (b) location of building, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected; (c) position of the sign or other advertising structure in relation to nearby building, structures and property lines. (d) two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground. Plans must include all proposed sign colors. (e) copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the an amount o~ consistent with the requirements cont~ned in th~ Standard Building Code ~ty--%5O~--pounds--per square-{oot and as required by this and all other laws and ordinances of the city. The seal of a Florida registered engineer or architect shall be affixed to drawings of signs or sign structures which have an area exceeding thirty-two (32) square feet and/or exceeding ten (10) feet in height, certifying that such signs are designed to meet the required dead load and wind load. In cases when required by the Building Official, signs by a designer shall show calculations for wind loading. (f) name of person, firm, corporation or association erecting the sign structure. (g) written consent of the owner of the building, structure or land to which or on which the structure is to be erected; (h) the type of sign or sign structure as defined by this chapter; (i) the estimated value of the sign and/or sign structure; (j) all electrical details, required to determine code compliance for the sign; and (k) all such other information as the Building Department shall require to show full compliance with this and all other laws and ordinances of the city. Section 2. That Chapter 21, Section 21-13. Licensing, :ompetency of contractors, of the Code of Ordinances of the lity of Boynton Beach, Florida, is hereby amended by ieleting the words and figures in struck-through type and by .dding the words and figures in underlined type, as follows: ec. 21-13. Licensing, competency of contractors. A person shall not engage in the business of erecting, )ainting, wiring or maintaining signs within the city ~ithout first having procured an occupational license for ~uch business. Such person shall meet the occupational ~equirements set forth herein. Furthermore, applicants for iuch occupational license shall exhibit proof of a valid ~alm Beach County occupational license and certificate of ~ompetency in the category applied for. The following ualifications shall govern the categories of sign work: (a) Sign contractor~ electrical. Those who are qualified and licensed to install, repair, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and who are also qualified to erect signs. Such contractor may connect to any existing sign circuit and may contract and secure permits for the erection of electrical signs or sign structures. (b) Sign contractor, non-electrical. Those who are qualified and licensed to install, repair, add to, paint or change non-electrical signs, according to the building code and who may secure permits for the erection of electrical signs or sign structures. (c) Owners, lessees. Notwithstanding either of the above classifications, nothing herein contained in this section shall be construed to prevent an owner or lessee of property from constructing and erecting a non-illuminating sign or sign structure, not exceeding thirty-two .(32) square feet in area and/or six (6) feet in height, on said property. Such work shall be erected in a professional manner and further, shall comply with all other sections of this chapter. Section 3. That Chapter 21, Section 21-14. Wind ressure and dead load requirements, of the Code of )rdinances of the City of Boynton Beach, Florida, is hereby tmended by deleting the words and figures in struck-through ;ype and by adding the words and figures in underlined type, ts follows: ~ec. 21-14. Wind pressure and dead load requirements. All signs and other advertising structures shall be |esigned and constructed to withstand a wind pressure e{-not :ess-than-~tY-~58~-p~Unds-per-square-~e~-e~-a~ea and to ~eee~ve dead loads as required ~n by the Standard B~ilding ~ode bu~k~ng-=ede or other ordinance of the City of Boynton ~each. Section 4.. That Chapter 21, Section 21-16. Variances. ~f the Code of Ordinances of the City of Boynton Beach, Florida, is hereby amended by deleting the words and figures If any nonconforming sign is damaged by any cause or s otherwise in need of repair, to such an extent that the :ost of repairing the sign equals fifty (50) per cent or ore of the original cost of the sign, then its lassification as a "nonconform~.ng" sign under this section hall be automatically revoked ~nd repairs shall be made so hat said sign shall meet al the requirements of this hapter. Section 6. That all ordin n conflict herewith be and the ances or parts of ordinances same are hereby repealed. Section 7. rdinance or portion hereof, ord be declared by a court of nvalid, such decision shall his ordinance. Section 8. rdinance. Authority is Section 9. This ordin~ mmediately upon passage. FIRST READING this _/~ ~ 991. SECOND, FINAL READING and ~/,g~/ , 1991. Should any s~ction or provision of this .ny paragraph, sentence, or ~ompetent jurisdiction to be ot affect the remainder of ereby granted to codify said ~ce shall become effective ay of ~~/~F , PASSAGE thi/s~ ~ day of for !e Mayor c ,mmissioner C( missioner ~}~issi~ner TTEST: i't~'Clerk Corporate Seal) MDSGN.JAC t~r~. wJ~tClt, to t~e e~tcnt oF t~fty (~0) per cent or more of their v~lue, ar~ deaf, eyed by wind, detor~oratlou or o~er damage shall be ma~ to oonf~-~ with all thc r~qu~rement~s of ~ts Argcle, or be completely, remoyed. t~.06) Re~b~)~ of ;~Ac~n~;'~;tf s~&' The direct~ sha~l inventory all exietinil st~rrd and li~ structure?, k~ep an ul~atod record of all such sims and structures that ex,st in the city, and send a not, ce to tho property owner, as shown on the latest tax records, of tbs nonconformity of any such sL~s and sirn struc. turce and the removal and amortization Khedu~e ~hey m~ follow. ~,.em~ca: l~o confo, a~n& stGu or slin s~ruc~ure sl~ll be ere~ed on the tame pr~mlsee with an existin~ noncord'orminj siam tl~o noncenformin$ siL'n ha~ been made r~ conform wl~h ell the requirements et* this Article. ~ltis section shall not prohibit re. placement of illegal oe r~cnconforminf~ signs with signs that con. form~ nor shall it require remoy8l of lawful nonconforminf stn~s prior tc their sl~ecifle~ removal date. or si~s identif~ln~ & residential ftruct~u~ whicl~ were existing and legally permitted as of Aurust'21, 1979, loc.a.t.e.d on ar~, lot, tract or l~cel of land in the RM-~6 use d~rict mthm the City of Hallandale are hereby dec!areal to be exempt from the amortize. teen provisions et' subsectton $.0~ heretnabove. SiC,ms ezempt · under th~ subsection may be replaced durin~ ~he life of the residential structure wi~h which ~he exempt sim is associated. proytded that such replacement stSn is no iTea~er in squ~re feet than the silva it replaces end does not enlarfe, increase, expand, extend or intensify the previous si~n use. Si~'n8 having anF com- mercial content or wMch ~re prohibited under subsection 4.04 of Article XII of the Zoninff and Land Development Code M'e not exempte~ by this subsection. (Ord. No~ B?4, t 1, 4-21-87) See. 9. Adminletrutton and enforcement. 'l'ae requirement~ el~ this A~ticle shall be adminbtered and enforood by the director. ' (~.~ ~a~ ~' ~~ g~e~' All ~n~m. oo~o~ ~ th~ ~v~mom o~ ~s ~cle, ~dmg ~ the folio in~ ~hedu~ (~1 of ~e ~ollo~ng time ps,ods ~ ~rom tbs eE~. tlr. da~ ~ ~ ~icle u~e~ othe~ise p~d~ tn ~b~ion (8.0t)): (1) Immediately: Swlngtn$, ri/sting, tle~ing and animated movemen~ of signs. (2) Within one (D month: Paper win~w signs, snipe signs, ~idewslk or sandwich signs, banners, fast.ns cf lights and decorations, unauthol~iz, ed off. premises signs, bus bench ~nd waste recep~cle'mgna not speclficall)' permitted by ~I~ etl~y em~0n, ~ no~ properly maintained or haz- ardous ~o traffic or pede~trlans, al~d other types of whie~, do not comply with the terms, conditions, provisions and in~ant of this Article and are not specifically men. tiona~l in the followine paragraphs of this ~hedule. (3) Withi]l ~ (6) months; l~o~.occ~pant identification signs. and all chttrch, synagoi,me and earle si~a in violation of this Article, (4) Withl~ four (41 ~ear~ All no~conformlng a~d non.illuminated sagas of le~ than sixty-five (65) square feet in sign area. (5) Within six (6) years: All nonoon~ceming illuminated signs of les~ San slx~y.ftve (65) square feet in ,i~n area. (6) Wi_ti.t- eight ($) years: All nonconformin$ non.illuminated st~s with I sign area cf sixty.five (65) square fee~ or l~r~er. ~) Witht~ ~en (10) ye~; All uon~onfcrmin~ illuminated with a [l~l~ azea of lixtlr-five (6~) squar~ feet or ($,0~) ,qtructural alte~otiont: l~onconformin~ signs shall not be m~turall~ altered or enlarged unless they are mad~ to conform with all the reauiremenM of thi~ Article, except that substitution cr interchange of copy shall be permitted until ~he expiration date for removal of said signs. 8u~ N~ t? ~-665 ~eir ~un~tton ~ purple a{ d,term~ bX the direc~r. (3) ~ax be di~layed u~ If (4) ~ be p~rmi~d by ~r~ ~ ~rmi~ ~ be4n imsu~ pursuant to A~icle tions (Z) and i3) a~, they may ~ly be di~l~ed cluing ~he spe~c pe~ of time for whi~ ~e pe~it wee issued. {Ord. No. Sec. 8. Nonc~nformtns ($,0J} D,Zarnii~i0~t of~onoon~o~'m~t~. Ev~ ~ or si~ ~c- tu~ la~ull~ in existence and not nonconformin~ prior to ~ffs~ da~ of ~ o~nan~, whi~, by virus ~the limi~tions on the nu~e~, helghk ~[~ ~ s~e, l~tion, u~e or ~(ructural sup~ ccn~in~ ~n ~i~ o~nan~, d~s ~t ~nform with thio or~in~, ~h~l ~ome non~orming and subject to ~e moral and ~ization ~hedule specified in subs~ion ~he pe~e of ~inance No, t0~ (~b~ ~1, t97~),.or valid nonco~ormin~ u~s on ~o~r gl, ~75, end ~nttn~ nonco~o~ing ~ by Ordlnan~ No. 10~3, and which ~ ~ no~o~o~in~ by ~his ordinance, ~ll have Oo~b~r 21, 1975, ~ ~e co~en~ment da~e ~ ~eir removal ~d tion ~hedule speci2~ by ~u~lon (8.0~). Si~na or ei~ ~mem~n ~at have never been la~ly permUt- ed and never were z valid nonconfo~in~ use shall be ~ubj~t to i~edia~ ~oval ~cut benefit of any amo~i~fion. All or aisn ,~uot~e~ that were Irec~ 8upiL 1~o, 14 j 4~*f~.13 Pr. LAUi~Aqi~ALE CO E · ~ 4~NtlSA (b) Th~ .eighteen (18) month a~.t. ion ptrb~ pFevided for in n~soet:on (a} aboMe, shill n~t be appbtable to ottde~v adver- tis~g rli~)ln.y signs. A .mmcoflhrmmg o~td~, advertising dis. ~laY. sign may b? ,c~tinu~l. and shah be mmntained ~ndit~on as r~nil'e~ ~)~ 8~msection 47-~0.8(J1 but ~t shah not be: (!) .~.truRMrn]ly ehtnged to tn, ther n~nconforming sign, but Its pictorial tontent tr~y be changed. (2} StrucLura~Jy aJt~red to pzolong the life of a sign, except to meet snfe~y mquimmeut~ (3) AJtered in any manner that increases the de~ree of (4) Expande~ (5) C~ontinued in use after eer~ation for ii (6) ReTmtablished afar destmcti~. ~onfinue~.in use .when& .c~mf'c~nin[ s~n is~On the ~ ?ev.e~Ta..!or um wmcA connk~ ~dher than · mgn use amy. tt;r(L rfo. C-77.84. § 2, 7.19.77; Ord. No. C~7.$?, i§ 1, 5, 7-21-87} advisory ~ommittee. .~uan.t to the au .~.orJty ~f the city charter. The committee exists ,~..vtrtue ~..ot~.?n ~.gp. et* the Oode, and is charged with the ~_uues pmst~be~ tn .~.m~t;~)ns 2~97 and 47~ of the Cede. {Ord. ~o. C-77~4, § 2, 7-19-77, Ord. No. C4M~23, j 2, 3-1S41); ORJ. No. C-83-89, § l, 9-20-83) Sec. 47.[O.13~..Outdoor. adv _erflalng displnysifts; landseap- xng an( nonpoint of purchase sfgns. Dtfmit~.J,. 0...u~l,~or. iidwrtis..in~ display .~1. mean a detathd .eu~o~r. ~advertizing .mgn c, mi~ting d'.fsbr~..ted ~ign iin~L Mruc- .n.8~l aewm, p.an?ls, ere., flMr~..~ intended b iith-act the tion of the pubhc to the mnt~.r .~f~l~ved thereon for a~ve~tising a,ch ,dvert ns di t.a. sign bein commonly err~ to u a ~imx)er~, poster beard, d~p]~ ~ ~r outdoor Tg__e obje~e ~ this section is to improve the appetrtnce of' egall~ erected b,lJboards smtto protect and preserve the appear- .~sl'l~-~--c~oseB by such mu~hanLs ~ri~ of such ti~tr~ ;~+' ~~u f~ in~atma Sec~ 4740.11. Penni~. P~rmitu must be.~h~ ~ ~Y ~ is erred. A p~ ~1 ~ su~, and ~ll ~ But ~mplyt~ ~!~ ~ith th~ ~ ~ · a ~w ~ is ~rmit for See- 47,60,12. l~onconform;ngsigns- (4, Ali .it,-ns in Ih{SI compliance with chis...~-Iio. ,47-.$0 _L~I'~ ~- ...~,~,~.,.4 or made to comity wtZh ~tl pm,flnX)F~ nO muir d' ~is onlia,,ac~- (11 Any f_.~e.standing, dt, t~]~_, si~_w_h_ic~h ,? _ee~' the ~ . - . -- · - ~~ are [ ln~ ~ th~s ~uou, p,o~dM all d~ ~ as ~ing ~ ~Js ~tm~ ~vm~ au tuner ~qu~ merits are met 3! In the event aa existing free.~andin.~, deta~.hed S'.~n .qua{- ifies ufld~r paragraph O! and (2~ ahoy. t.?. seu~. cK~ re- ., qOi~mentS itate~ i~ Section 47,50.3ie) shill ~e wa, yen. S~ ,pp..~0. 874 ~07