O00-67ORDINANCE NO. O 00-67
AN ORDINANCE OF THE CITY COMMISSION
THE CITY OF BOYNTON BEACH,
AMENDING LAND DEVELOPMENT
AS FOLLOWS: CHAPTER 1,
DEFINITIONS; CHAPTER 9.
PLAN; AND CHAPTER 21 SIGNS,
CREATE A DEFINITION FOR
ESTABLISH A PROCESS
REVIEW FUTUR]~ WALL
CONFLICTS, SEVERAB]
AN EFFECTIVE DATE.
II
DESIGN
~I, TO
MURALS AND
GUIDELINES TO
PROVIDING FOR
CODWICATION AND
WHEREAS, staff has
create a definition for wall
an amendment to the City's zoning code to
establish a process and guidelines to review future
wall murals; and
WHEREAS,
Boynton
recommendation of staff, the City Commission of the City of
it to be in the best interests of the citizens and residents of the
City of
Beach to amend Chapter 1, Zoning, Article II, Chapter 9 Community
and Chapter 21 Signs, Article II of the City's Land Development
to create a definition for wall murals and establish a process and guidelines
review future wall murals;
NOW THEREFORE, BE IT ORDAINED BY THE CITY-COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now
ratified and confirmed by the City Commission.
Section 2. That Chapter 1 General Provisions, Article II Definitions is
hereby amended by adding the words and figures in underlined type, as follows:
VEHICULAR SIGN - A sign or sign structure...
WALL MURAL ...... A form of 'artistic ex~. limited to images depicting Bovnton
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Beach history_, Boynton Beach historical events, and/or Boynton Beach landmark,:, i_gn
which desi.~s are representational, imaoinative or abstract created in two dimensions_b~
~n of pigments or other colored media to a flat surface. The elements of the
.desi ngg_~ay be tine, form, color tone and texture~e2~ and they_Lmax be combined in an
infinite variety~mural shall not contain gra~olitical statement, an
~on or corporate ~of comm.ercial advertisement for any busines_s~s
product or service. -'
.Section 3. That Chapter 21 Signs, Article II, Section 2. Exemptions. is hereby
amended by creating a new subsection M. as follows:
M. Wall Murals ~ter 9. Communi_ty Des~
Section 4. That Chapter 9. Community Design Plan is hereby amended by
creating a new Section 12. Wall Murals., as follows:
Section 12. Wall Murals
The function of a wall mural is to add interest to an otherwise blank wall and/or to fill tho
gar~ left on the adjacent side of construction when buildings are abandoned o,
demolished. In many cases the exterior walls of the adjacent side of construction were:
never intended to be seen from the streets. As such, they are generally unpainted,
unfinished and often windowless. When they are left exposed, some buildings convey an
trnage of decay which, in turn, contributes to urban blight and ha.q an adverse affect on
both the overall physical appearance and economic health of the commtmity. When wall
murals are properly executed the general appearance of a building wall can be improve~[
and turned fi'om a liability into an asset for the city
The following regulations shall apply to all new wall murals and the repainfing of pre
existing wall murals:
A. Wall murals shall be permitted only in the Central Business District (CBD) zoning
district. Other than trompe l'oeil architectural embellishments, wall murals shall
not be permitted on the fronts of buildings, except as may be approved by thc
Design Review Committee or by the city commission.
B. Wall murals shall be'
1. Installed in strict conformity with their approved plans and any special conditions
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2. Installed by professional artists or licensed painters, or under their direct
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.supervision.
Properly applied to building surfaces using
materials.
Suitably weatherproofed and protected against deterioration.
Maintained in their ori~nal condition.
Application.
A written application for mural approval shall be submitted to the Development
Department Director or his/her designee using forms which shall be provided.
The application shall include the following information:
1. The name of the applicant.
2. The name and address of the property owner.
3. The street address and location of the proposed mural
A written consent of the building owner including the acknowledgment o f
responsibili _ty for compliance with city regulations, maintenance
9bligations and removal agreement.
A written description of iustificafion for the proposal which specifically
addresses how the mural satisfies the criteria contained in this section.
proper exterior paint or otheE
o
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Renderings and sketches prepared in a professional manner clearly
indicating the intended appearance of the proposed mural. A sketch of thc
mural shall be sufficiently detailed and depicted on a scaled elevation of'
the wall(s) on which it will be applied. Colored photographs of the
building shall accompany the mural sketch, showing the wall to be painted
in relation to adjacent streets and buildings.
Color samples to accurately identify wall mural colom
.. Qualifications of the artist/painter who will execute the mural, a statement
of his/her ability to complete the work within a reasonable period of time,
and a minimum of two (2) comparable sample of the artists work.
Other such reasonable and relevant information as the Developmem
Department may require.
Procedure.
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1. Application for approval of a wall mural is submitted to the Director o f
Development (or his/her designee) who will present the application to thc
Design Review Committee.
2. The Director (or his/her designee) shall, within twenty (20) working days
of receiving a complete application, convene the committee to review the,
application.
3. The meeting of the review committee shall be subject to the sunshine law,
open to the public, and follow reasonable public notice pursuant to Floridn
law.
4. The applicant shall be notified in writing within thirty (30) working day::
of submission whether the wall mural application has been approved or
denied.
E. Appeals.
When an aggrieved party wishes to appeal a decision of the Design Review
Committee, it must be filed as outlined in Chapter 1, Article VII, Appeals.
F. Minimum Design Objectives.
All wall mural applications shall meet the following criteria:
1. Improve the value and aesthetic appearance of the city.
2. Not constitute or create traffic or pedestrian hazards.
3. Contribute to the efforts of communit~ identity and redevelopment,
particularly in areas where buildings have been demolished leaving otherwisc,
unsightly or blighted ~aps in the physical fabric of the community.
4. Promote the design theme applicable to the ~eo_m'aphic area within which th~,
mural is proposed (the establishment of themes for any geographic area shall
not be a prerequisite for a mural).
5. Be a solution to the problem of existing or totally blank walls visible by the
public.
6. Foster cultural identity, history and enrich the public environment for both th~,
residents and visitors.
7. Respect community standards relative to decency and obscenity.
G. Wall Mural maintenance and modification.
H. The owner of any wall mural as defined at the time of approval shall be required
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to properly maintain said wall mural. Maintenance shall include painting and
touch-ups.
1. Should the mural become faded, peeled or severely weathered as determined
_b.y the Design Review Committee, the property owner shall~ upon wfitte.
notice of violation fi.om the Director of Development (or his/her designee),
repair the mural or repaint the wall on which the mural was painted within 60
days (extensions may be granted if sufficiently justified and necessar~ t.
.satisfy the obligations of this section).
Removal of wall murals.
Should a deteriorated wall mural not be rectified within the allowed time, th~:
following procedure may be used to abate the mural:
1. Notice to owner:
Notice to the owner advisin~ them of the non-conformity shall conform with
the provisions set forth in section 162.12, Florida Statutes.
2. Appeal by owner.
The owner shall have thirty (30) days from the date of service to appeal th~
decision of the Code Enforcement Board to the City Commission, or to rectify
or remove the wall mural. If the Commission affirms the decision of the Cod~:
Enforcement Board, the owner shall have fifteen (15) days from the date of thc
Commission meeting to rectify or remove the wall mural. The Corn missio~l
may, in its own discretion, impose conditions on the owner for the restoration.
of the mural.
3. City's fight to enter and abate.
If the owner fails to comply with the City order, the Ci_ty may, at its ow,
discretion, take such reasonable action as necessary to enter the prop~rt,/and
remove the mural from the property, or restore the mural to a condition which
is in compliance with the ori,m,'nal terms of the approw.1
4. Cost of abatement by the City.
Upon the City's abatement of the mural, the costs thereof, including th~:
administrative costs incurred by the City, shall be assessed against the real
property fi.om which the mural was removed. Mural abatement assessment,:
shall be levied by resolution of the City Commission, and shall be recorded in
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the public records of Palm Beach County, Florida, to afford notice to th~:
public.
5. Alternative remedies.
Nothing in this section shall in any way limit the City to the remedy listed
above. This remedy shall be in addition to any other remedy which the City
can legally pursue.
6. Recording requirements.
The mural approval and agreement to remove shall be recorded and binding
upon the heirs, personal representatives, grantees, successors in interest, o,
~arfies. Once a mural has been remov~instrument shall be
recorded releasing the property owner from further obligations or duties
regarding the mural.
7. Removal by owner.
..The property owner may remove any mural at any time.
8. Removal agreement.
Approved murals shall not be installed until the city receives a written,
removal~ execute~icant and the building owner__:.
Such agreement shall be furnished by the City.
J. Design Review Committee.
1. A design review committee shall review all applications for wall murals. Th{,
committee shall approve, approve with conditions, or deny all requests fo~
wall murals. The Design Review Committee shall be the Boynton Oceat,
District Association (BODA) for the pilot period, or until otherwise:
directed/appointed by the City Commission.
2. The Design Review Committee may apply reasonable administrative policie::
consistent with these regulations to assist them in the review of proposed
murals. Once approved by the Design Review Committee, such
administrative~licies may be reviewed b ty__~_~irector of De~
his/her desi_~__.~for consiste~h the re uirements and ob'ectives herein.
K. Pilot program and one (1) year evaluation
These regulations shall be in effect for one (1) year from the date that the first wall
mural application is submitted. At the end of the pilot period, staff shall prepare ~
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then
will
effect
_under this program.
Section5. Each and every other provision of the Land
Regulations not herein specifically amended, shall remain in full force and
originally adopted.
Section 6. All laws and ordinances applying to the City of Boynton
conflict with any provisions of this ordinance are hereby repealed.
.Section 7. Should any section or provision of this Ordinance or any
thereof be declared by a court of competent jurisdiction to be invalid, such decisi.
not affect the remainder of this Ordinance.
Section 8. Authority is hereby given to codify this Ordinance.
Section 9. This Ordinance shall become effective immediately.
FIRST READING this c~' day of November, 2000.
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shall
as
in
SECOND, FINAL READING AND PASSAGE this
December, 2000.
day of
CITY OF BOYNTON BEACH,
Mawr
Vice Mayor
Mayor Pro Tern
Commissioner
ATTEST:
Commissioner
City Clerk
s:ca\ord~Amend LDR - Wall Murals090700
Revl 11300
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