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06-098 , , i I 1 ORDINANCE No,lo6-098 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING PART 5 III, "LAND DEVELOPMENT REGULATIONS", ARTICLE 6 III "SPECIAL CONDITIONS" OF CHAPTER 21; PROVIDING 7 FOR ADDITIONAL TIME THAT SPECIAL SIGNS CAN BE 8 MAINTAINED; PROVIDING FOR CONFLICT, 9 SEVERABILITY, CODIFICATION, AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the City Commission recognizes: the need for new businesses and new , I roject developments to announce to the public that the business or development is open and I 14 ; I: I 15 perational; and " l 16 WHEREAS, the City Commission finds that the' current provisions of the sign code 17 hich allow for special temporary signs is unnecessarjly lill}iting and inhibits new businesses 18 r developments from announcing their location to the public; and I WHEREAS, the City Commission intends " to demonstrate its and i 19 support , i' I 20 ncouragement to new businesses and developments which have made an investment in I I 21 onducting their businesses in the City of Boynton Bea~h; and I I 22 WHEREAS, the City Commission finds that the modest extension of time provided in r I 23 his amendment for the use of special signs balances the interest of the business community and 24 he general public. , r 25 NOW THEREFORE, BE IT ORDAINED :BY THE CITY COMMISSION OF i' 26 HE CITY OF BOYNTON BEACH, FLORIDA: /' Ii I 27 Section 1. The foregoing "WHEREAS" cl,auses are true and correct and hereby Ii I, 28 atified and confirmed by the City Commission. Ii I :\Documents and Scttings\PrainiloJ\Local Settings\Temporary Internet Files\OLKI04\sign code temporary signs 112006.doc 1 Page I of6 I i 1 Section 2, Article III, Special Condition~, Chapter 21, "Signs", of the Land 2 eveloJlment Regulations, Part III of the Code ofOrdi~ances is amended as follows: 3 ec.6. Special signs. 4 A. Temporary project development signs. Large areas under development shall be 5 ermitted two (2) signs not to exceed a combined aggregate area of two hundred fifty (250) 6 quare feet. Said signs shall be located in accordance;with the requirements contained in this 7 hapter relating to the specific zoned area. Permits f~r said signs shall be limited to the time 8 e development is completed, terminated or abandoned. The permits for such signs will not be "9 ssued prior to the date upon which an application: for a permit for the related building 10 I onstruction or site development is filed. These signs:must be removed within sixty (60) one 11 " undred twentv (120) days after the permit is issued, if construction has not commenced, or if .' 12 uch construction is substantially abandoned for ninety (90) days, as evidenced by a lack of , I, " 13 nspections and/or other pertinent conditions. Signs must be removed when the final building , " nspection is called for. I , 14 ) I B. Temporary construction signs. One (1) non-illuminated sign may be permitted to be 15 16 rected on the premises or 'attached to a tool house 6n the premises subject to the following 17 onditions: "I , 18 1. Such sign shall not exceed thirty-two (32) square feet in area. " 19 2. Such sign shall not be erected prior to the i~suance of a building permit and must be 20 emoved when the building or project [s completed; provided, however, if such sign is erected 21 s permitted hereunder and construction is not commenced within one hundred eighty (180) 22 ays after permit is issued, or if such construction is substantially abandoned for one hundred . . . t. 23 ight (180) days as evidenced by a. lack. of successful inspections and/or other pertinent 24 onditions, such sign shall.be'immediately retn6ved byithe oWne~'or lessee of the premises. 25 3. Such sign shall be located on the premises being developed in accordance with the I 26 equireinentsofthis Code relating to the specific zone ~reas. C. Directional signs. ", 27 I , 1. General directional..signs limited to six (6) per civic organization, church, 28 , I' 29 ecreational facility and limited'to one hundred forty-four (144) square inches per sign and I' 30 ocated at street intersections or other locations for the :convenience ofthe traveling public, may , I; 31 e permitted in city right-of-way when approved by the director of development. The owner 32 hall have the signs made at the owner's expense, but according to the specifications of the 33 ity. Said signs shall be placed by the responsible governmental body at the expense of the 34 wner and when the sign is in the public right-of-way, it shall be placed on opposite comers !; i :\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKI04\sign code temporary signs 112006.doc Page 2 of6 I I , I , , , i 1 rom street signs. A limit of six (6) signs on one (1) pole may be permitted at each street 2 tersection. 3 2. Signs of a temporary nature, not to exceed seventy-five (75) square feet in area, may 4 e permitted. Such signs shall be located at specified points for the convenience of the 5 aveling public. The signs shall be removed within :five (5) days of the completion of the 6 vent. 7 3. Street signs. A subdivision name sign may be placed on a city street post by city 8 ersonnel, provided it is requested through the Public ,Works Department and paid for by the 9 arty requesting said sign. This sign shall be identical to the street sign as to color, size and 10 hape. , 11 4. Temporary directional. signs may be erect~d to guide traffic to building models at 12. nter-sections in the city rights-of-way. Such signs shall not exceed three (3) square feet in j: 13 ea, nor be more than three (3) feet in height above the grade of the right-of-way. Said signs 14 hall be approved by the development department. Not more than six (6) such signs will be 15 llowed for anyone (I) development. These signs shall be placed at the development 16 epartment's discretion and in all cases shall be placed as close as possible to the development 17 rom the main thoroughfare. f , 5. . A residential subdivision, residential development or neighborhood association of 18 19 wenty-five (25) units or more, may be allowed on~ (I) identification sign at each major 20 ntersection which serves the residential subdivision, residential.development or neighborhood 21 ssociation, not to exceed two such locations. Each si~n inayhave no more than two (2) faces 22 ot exceeding sixteen (16) square feet each face, and may be located in the public right-of-way , 23 hen traffic visibility is unobstructed and the location is approved by the director of 24 evelopment. Upon approval, the city and the representatives of the residential subdivision or 25 esidential. development or neighborhood association shall enter into a license agreement, 26 etting forth the terms and conditions upon whiSh approval to place the sign on the public right- 27 f-wayis granted. Approval does'not'preclude the necessity to secure approvals from other 28 ovem-mental agencies. . , 29 D. Temporary political signs may be posted qn private property within the city. All 30 olitical signs must comply with Part III LDR, Chapter 2, Zoning, Section 4(E) Visual 31 bstructions. I 32 E. Bus shelter signs. Signs on city transit stop shelters may be permitted when authorized ,j l. 33 Y written agreement approved by action of the City Commission pursuant to the provisions of f. 34 .S. S 337.407(2). When so authorized, the following standards shall apply: II 35 1. Signs on city transit stop shelters and associated structures and equipment, including 36 ut not limited to benches, bicycle racks, and trash repeptacles, shall be permitted only at city I 37 ransit stops designated by the city, or other areas approved by the City. Placement of bus <: 38 helters shall be subject to city review so that no shelter shall be permitted to obstruct a public :\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKI04\sign code temporary signs I 12006.doc , Page 3 of6 ; I II t idewalk or create a hazard or to otherwise be detrim6ntal to the public safety. A permit for 2 ach bus shelter shall be required, but no permit fee 'shall be charged. 3 2. Bus shelters and associated structures or equipment shall be designed to meet city 4 . uilding code requirements, if any. 5 3. Any bus shelter or associated structure or equipment located on a sidewalk within a 6 ublic right-of-way, shall be so located so as to leave, at least thirty-six (36) inches clearance 7 or pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction 8 erpendicular to the centerline of the road. In addition, shelters and pads shall comply with the 9 mericans with Disabilities Act Implementation Manual, Accessibility Guidelines for 10 ransportation Facilities; Part IV of the Federal RegiSter, Transportation for Individuals with 11 isabilities; F.S. Chapter 337; the Florida Administrative Code Rule Chapter 14-20; and any 12 ity standards or guidelines for placement and design. , Not more than one bus shelter or associated structure or equipment displaying I, 13 4. 14 igllage or intended for the display of signage ,shall be permitted at a city transit stop. I 15 5. Display space on bus shelters shall' be limit~d in location and size to the side or rear i' I 16 ind screen panels. . 'j I 1: I 17 6. Should any bus shelter, associated structure or equipment or sign on an associated I " 18 tructure or equipment, or bus shelter sign. fail to. cohform to the above standards; or should a , " 19 esidential property owner object to the presence of a bus shelter abutting his property, then the , 20 ity may order the sponsoring organization to remove such bus shelter and, that failing, may 21 emove same at the expense of the sponsoring organization. 22 F. One temporary banner may be posted on private commercial or industrially zoned 23 roperty within the city for a period of time not to exceed two weeks within a one year period" 24 . xC9PUh'lLiLDj:W .bllsinc~~..nmv J)Qst onc tCD1P.\>I'lI:y..banneL.'l!ll}Dl'I!!;illg the openinlL.2fJ!Le 25 usiness I(lr a time eriod ilOt toe:\cecd nincty 90' da's from the dale of issuance of thc 26 llsinesscs iirst occu ationallicense. lhis lrovision for ncw businesses has no alJlicalion 10 I 27 he annual renewal of an existinv business' occu lational license. Temporary banners may not I 28 xceed an area of twenty (20) square feet each, may; not be placed in setbacks, and may not 1: 29 reate any obstruction to motorist visibility. Applicant shall agree to remove banners within i I: 30 welve hours upon posting of a tropical storm or hurricane watch. This' subsection shall not Ii 31 rohibit the City from placing banner signs on City o~ned property or within the public right- I. 32 f-way within certain designated corridors throughout! the City in order to announce municipal I 33 r not-for profit activities, events or programs pursuant to this Chapter. 1: 34 I ! :\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKI 04\sign code temporary signs t 12006.doc Page 4 of 6 'I, " , ~ I ConflictiIl;g OrdinanceS::' . ,. I Section 3, It co:.' 2 All prior ordinances or resolutions or p~sthereof in conflict herewith are hereby repealed . ,.' i. , - { ~ .' r': ~', :f' , the extent of such conflict::' J !'. 3 l.' ;. , , , , ~ -' ~ > '. J 4 Section 4, Severability. , . I,',"::, 5 . If any section, sentence, 'Clause,40r"phrase of this Ordinance is held to be invalid or 6 nconstitutionalby any court of competent jurisdiction,: then said holding shall in no way affect ~' ';)"'1. ~:,' '~~i."ri>. :', .:~' ..';j " 7 he validity of the remaining portions of this Ordinance. j Section 5. ' Inclusion in Code. t' 8 f 9 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, I lorida,that the provisions of this Ordinance shall bec6me.and be made' a part of.the CITY OF , 10 I " . .' 1 . . ! 11 OYNTON BEACH Code of Ordinances; and that [the sections of this ordinance may be i II I: 12 enumbered or relettered and the word "ordinance" may be changed to "section," "article," or " \3 uch other appropriate word or phrase in order to accomplish such intentions. 14 Section 6. . , Effective Date. 15 This Ordinance shall become effective immediately upon passage. " 16 J.. 17 [REMAINDER OF PAGEINTENTIONALL Y LEFT BLANK] 1 I i' I t. I' I: I , I I' . I :\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKI04\sign code temporary signs 112006.doc Page 5 of6 : I I, , , : 1 FIRST READING this 5th day of December, 2006. 2 SECOND, FINAL READING AND PASSAGE this R- day of ~ "'0 ' 2001 3 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 ~r;/vY 9 10 ; )1 'fYor - Je Taylor, I. 12 13 14 I 15 I 16 17 18 19 20 21 22 23 24 25 26 27 TTEST: 28 29 1r}, A: . 30 31 32 33 : :\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK 1 04\sign code temporary signs 112006.doc Page 6 of6