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03-062ORDInAnCE NO. 0S- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH; REVISING CHAPTER 1, "GENERAL PROVISIONS", ARTICLE II "DEFINITIONS" TO AMEND THE DEFINITION OF "FREESTANDING SIGN" AND INCLUDE A DEFINITION OF "MONUMENT SIGN"; AMENDING CHAPTER 21, "SIGNS," ARTICLE II, "VARIANCES/EXEMPTIONS AND PROHIBITIONS", SECTION 3, "PROHIBITIONS" TO ADD PYLON SIGNS AS BEING PROHIBITED IN ALL DISTRICTS; AMENDING ARTICLE III, "SPECIAL CONDITIONS," TO CREATE A NEW SECTION REQUIRING NUMERICAL ADDRESSES ON ALL FREESTANDING SIGNS; AMENDING ARTICLE IV, "SIGNS ALLOWED" TO REVISE HEIGHT AND OTHER REGULATIONS GOVERNING FREESTANDING SIGNS IN NONRESIDENTIAL COMMERCIAL DISTRICTS, GENERALLY, AT SHOPPING CENTERS, AND IN COMMERCIAL BUSINESS DISTRICTS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City administration has reviewed a number of new site plans and modifications to site plans in relation to signage, and issues concerning the height of freestanding, pole, pylon and monument signs have become frequent; and WHEREAS, the City administration and the City Commission desire to assure that the regulations concerning these types of signs require clarification to assure conformity with the accompanying property or project and with the City as a whole; and WHEREAS, the City Commission has determined that it is in the best interest of the community to amend provisions of the Sign Code for clarification and to comply with legal guidelines; and WHEREAS, the proposed changes are not intended to have the effect of superceding sign programs adopted as part of the approval process for existing Planned Commercial Districts and Planned Industrial Districts in the City; and WHEREAS, the proposed changes are not intended to create a mechanism providing for the removal of nonconforming signs, as the removal of nonconforming signs is already S:\CA\Ordinances\Sign Heights 12-03.doc 1 of 7 set forth in the Land Development Regulations; rather the proposed changes are designed for new development and redevelopment applications and major site plan modifications; and WHEREAS, the amendments hereinafter set forth will facilitate the administration of the City's regulation of freestanding pole, pylon, and monument signs in a manner which balances aesthetic concerns, commercial needs, and existing property rights. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I'HE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. Article II, "Definitions", Chapter 1, "General Provisions", of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: FREESTANDING SIGN - A pylon monument or ground mounted sign -'*';~ .._.4.h,~ ^. r. ..... ; ........ ,h ...... '~ ""'~ identifying the use of the prope~y upon which it is ~ located. Gro~d- mounted si~s may be supposed by one or more poles, provided that the bosom of the si~ or cabinet is no more than two (2') feet above ~ade ~d that the poles ~d complete length of the si~ or cabinet ~e clad in the sine or like material, completely to the ~ound. Alternatives to the cladding requirement may be considered if the desi~ of the si~ confo~s to the ~chitectural desi~ of the building(s). MONUMENT SIGN - A freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a low-profile base or pedestal. :\CA\Ordinances~Sign Heights 12-03.doc 2 of 7 Section 3. Section 3, "Prohibitions" of Article II, "Variances/Exemptions and Prohibitions," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: X. Pylon signs. Section 4. Article III, "Special Conditions," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended to create a new Section 9, as follows: ARTICLE III. SPECIAL CONDITIONS Sec. 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. Section 5. Section 2, "Signs allowed in commercial nonresidential districts not )therwise excluded" of Article IV, "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED g:\CASOrdinances\Sign Heights 12-03.doc 3 of 7 Sec. 2 Signs allowed in commercial nonresidential districts not otherwise excluded. The following signs are permitted and regulated in all nonresidential districts not specifically set forth elsewhere in this chapter: commercial B. One (1) double-faced ~ monument sign advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of area for each linear foot of street frontage; no such sign shall exceed sixty-four (64) square feet in area. xT., ~ ~r.~t ~.~ ~,~.. ~u~ · ..... ~., tom For all single tenant premises four (4) acres or more in size, one (1) freestanding sign not exceeding fifteen (15) feet in height. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of ten (10) feet, to be located on the additional roadway. For all single tenant premises less than four (4) acres in size, one (1) freestanding sign, which shall be a monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the monument sign shall have a maximum height of eight (8) feet. On roadways having less than four (4) travel lanes, the monument sign shall have a maximum height of six (6) feet. Circumstances, such as surrounding properties, speed limits, and project scale may justify further reductions in the maximum sign heights set forth in this subsection. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of six (6) feet, to be located on the additional roadway. Section 6. Section 3, "Signs allowed in shopping centers and public use districts" )f Article IV, "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED ¢:\CA\Ordinances\Sign Heights 12-03.doc 4 of 7 Sec. 3 Signs allowed in shopping centers and public use districts. The following signs are permitted and regulated for shopping centers and multiple tenant premises: B. One (1) freestanding sign, as set forth below, advertising activity conducted on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear foot of street frontage of the lot provided such sign does not exceed one hundred sixty (160) square feet in area ...... ; .... ~,~;~,,, ,,c ~'~ ~^'~*~'~ ~- *~'~ ~'~'~;*~^"~ '^"'~ ...... Each sign shall include the pro~ect nme and for multiple tenet pro~ects may be used as a directo~ of the businesses located in the shopping center, but shall not be used to adveAise only one (1) tenet. For all shopping center or multiple tenant premises four (4) acres or more in size, the freestanding sign shall not exceed fifteen (15) feet in height. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height often (10) feet, to be located on the additional roadway. For all shopping center or multiple tenant premises less than four (4) acres in size, one (1) monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the monument sign shall have a maximum height of eight (8) feet. On roadways having less than four (4) travel lanes, the monument sign shall have a maximum height of six (6) feet. Circumstances, such as surrounding properties, speed limits, and project scale may iustify further reductions in the maximum sign heights set forth in this subsection. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of six (6) feet, to be located on the additional roadway. ;:\CA\Ordinances\Sign Heights 12-03.doc 5 of 7 Section 7. Section 6, "Signs allowed in the central business district" of Article IV, "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED Sec. 6. Signs allowed in the central business district. The following signs are permitted and regulated in the central business district (CBD): B. Unless otherwise superceded by overlay district regulations applicable to any portion of the premises, ~_ne (1) ~ monument sign, not to exceed cqghty-(g0) forty (40) square feet in area, advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each one and one half (1-1/2) linear feet of street frontage, with a maximum height of~ five (5) feet. Section 8. Conflicting Ordinances. Nll prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or anconstitufional by any court of competent jurisdiction, then said holding shall in no way affect Ihe validity of the remaining portions of this Ordinance. ;:\CA\Ordinances\Sign Heights 12-03.doc 6 of 7 Section 10. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbercd or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 11. Effective Date. This Ordinance shall become effective immediately after adoption by the City Commission. FIRST READING this ~ day of '[~e.e_~, 2003. SECOND, FINAL READING AND PASSAGE this I{~ day of ~)e~e~r2003. CITY OF BOYNTON BEACH, FLORIDA ~TTEST: ~: ~Ord~~s 12-03.doc Vice M, 7 of 7