09-023
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I ORDINANCE NO. 09- 0 ~:3
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, AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
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4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGlJLATIONS, CHAPTER 21, ARTICLE III, SECTION 6
6 "SPECIAL SIGNS", BY AMENDING SUB-SECTION F TO
7 CLARIFY WHERE TEMPORARY BANNERS '\1 A Y BE
s PLACED; PROVIDING FOR CONFLICTS,
I.) SEVERABILITY, CODU~ICATION AND AN EFFECTIVE
10 DATE.
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13 WHEREAS, on February 2, 2009, the City Commission approved Ordinance 09-013
14 amending the City's sign regulations by increasing the time allowed for the display of
15 temporary banners from two (2) weeks to ninety (90) days for existing businesses; and
16 WHEREAS, due to an incomplete modification (0 thc code text the ultimate
17 amendment contains cont1icting prO\ iSlons n:lativc to the locations ",here banners may be
18 displayi:d; and
)0 WHEREAS, the City Commission has considered statl's recommendations and reports,
20 and determines and tInds that it would be appropriate to amend the current sign code to clarify
21 where temporary banners may be placed; and
y, WHEREAS, the City Commission tinds that the adoption of this ordinance is in the
l' best interest of the health. safety. and we] fare of the citiJ:i:ns and residents of the City of
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24 Boynton Beach.
_'5 NOW THERJi~FORE, BE IT ORDAINED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
:)7 Section L rhe foregoing whereas clauses are true and correct and are now ratified
28 and continned by the City Commission.
29 Section 2. Chapter 21, Article IlL Section 6F of the Land Development Regulations
30 of the City of Boynton Beach Code of Ordinances is hereby amended as I<Jllows:
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I F. One temporary banner may be posted by a business that has
2i been issue a business tax receipt on private commercial or
3 industrially zoned property within the city for a period of time not
4 to exceed ninety (90) days within a one year period. Temporary
:) banners may not exceed an arca of twenty (20) square feet each.
6 lemporary banners may not be placed in 'it'-~f-tCl:t.k". landscape
7 buffers along rights-of-ways l)r within rights of:: ways.
8 IC111J2Qrm_QQ!1ners .?lEiILlwL PI,,'._L1IOlmte_l;t . on---2L. attached to
I.) landscaping. utility poles or gUy wires. An applicant shall remove
10 temporary banners within twelve hours upon posting of a tropical
II storm or hurricane watch. This subsection shall not prohibit the
]2 city from placing banner signs on city owned property or within the
13 public right-of-way within certain designated corridors throughout
14 the city in order to announce municipal or not-for profit activities,
15 events or programs pursuant to this chapter.
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17 Section 3. l~ach and evcry other provision of thc Land Development Regulations
18 not herein specifically amended, shall remain in full lorce and effect as originally adopted.
19 Section 4. All laws and ordinances applying to the City of Boynton Beach in
20 conflict with any provisions ofthis ordinancc are hereby repealed.
::'1 ~ection 5~ Should any section or provision of this Ordinance or any portion thereof
-,-, be dcclared by a court of competent jurisdiction tu be invalid. such dccision shall not affect the
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-,~ remaindcr of this Ordinance.
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24 Section 6. Authority is hereby given to codify this Ordinance.
25 Section 7. This Ordinance shall become effective immcdiately and shall sunset
26 February 1. 2010.
27 FIRST READING this~' ~y of _ A-pR~L. .2009,
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
Memorandum PZ 09-015
TO: Chair and Members
Planning and DevelOP'WVrd
FROM: Michael Rumpf, Directo
Planning and Zoning "
DATE: March 19, 2009
RE: Temporary banners - Clean-up needed to recent code amendment
Chapter 21. Signs, Article III 6(F)
You will recall the recent amendment processed to the City's sign regulations, increasing the
time allowed for the display of a temporary banner from 2 weeks to 90 days (for existing
businesses). This amendment was adopted by Ordinance No. 09-013 on February 2,2009, and
is only effective for one year, as temporary assistance to struggling businesses during this
challenging economic period.
Due to an incomplete modification to the code text, the ultimate amendment contains conflicting
provisions relative the locations where temporary banners may be displayed. Recall that staff
promoted the placement of the banners throughout the subject property, with the exception of
rights-of-ways and the buffers along abutting rights-of-way. However, the former version of the
regulations precluded them from setbacks, which was not omitted when modified. Obviously, if it
was the intent to preclude them from setbacks, it would have been redundant to also preclude
them from the right-of-way buffer. This conflict within the resulting revision was an oversight,
and staff proposes to fix the code with a quick revision to the regulations through the simple
elimination of the word "setbacks" as shown below:
F. One temporary banner may be posted by a business that has been issued a business tax
receipt on private commercial or industrially zoned property within the city for a period of time
not to exceed ninety (90) days within a one year period. Temporary banners may not exceed
an area of twenty (20) square feet each. Temporary banners may not be placed in setbaGks,
landscape buffers along rights-of-ways or within rights of ways. 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.
The need for this correction was just realized by staff, thereby preventing it from being placed
timely on the March agenda. Staff is now reacting expeditiously to quickly amend the code and
remove the inconsistency to prevent confusion in its implementation and enforcement. Staff
requests the Board's support of this correction.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-002 Banners for existing businesses\P&D board - clean up of banner regs _
3-24-09 meeting.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida March 24, 2009
s. Communications and Announcements
A. Planning and Zoning Report
1. Final disposition of the February 24, 2009 Planning and
Development Board meeting agenda items.
Mike Rumpf, Planning and Zoning Director, reported the City Commission had
approved the Land Development Regulations Rewrite, Group 6 deliverable. Staff would
be moving forward for adoption and would continue to review the Rewrite, taking into
consideration the comments made by the Board.
Mr. Rumpf noted the City had recently adopted an ordinance amending the Land
Development Regulations Sign Code pertaining to the display of temporary banners.
Staff had discovered that the amendment contained an unintended, internal conflicting
provision and wished to amend the Code to remove the inconsistency.
The ordinance adopted was effective for one year and would sunset February 9, 2010.
It permitted existing businesses to display a temporary banner for a 90-day period
during anyone year period. The intention of the ordinance was to allow more latitude
and flexibility in displaying the banners within the time period set and throughout the
property .
The existing Code prohibited banners in setbacks. Staffs added text permitted the
placement of banners throughout the property, with the exception of rights-of-way and
buffers along rights-of-way. The earlier regulations precluded the display of banners
from setbacks which had not been omitted from the amendment. If it had been the
intent to preclude the banners from setbacks, it would have been redundant to preclude
them from the rights-of-way buffers.
Staff proposed to amend the Code by removing the word "setbacks." Mr. Rumpf noted
the inconsistency had not been reported timely and could not be included on the
agenda. Staff sought the Board's position on the proposed amendment, which would
be brought before the City Commission.
Motion
Ms. Barritt moved to approve the strikeout of "setbacks" from the language. Ms.
Grcevic seconded the motion that passed unanimously.
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I SECOND, FINAL READING AND PASSAGE this 5_ day of~, 2009.
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