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16-003 ORDINANCE NO. 16 -003 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS ARTICLE IV "SIGN REQUIREMENTS" BY AMENDING SEC. 4 "STANDARDS" TO ADD A NEW SUBSECTION B. 10 ENTITLED "FEATHER BANNERS" PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff is proposing amendment to the Land Development Regulations (LDR) to modify the sign regulations to allow temporary feather banners in commercial areas; and • WHEREAS, it is the intent of the City Commission to modify the sign code to 16 permit temporary feather banner signs provides benefit to the business community in balance with aesthetic considerations which might negatively impact the City; and • WHEREAS, the City has already tested the viability of this use by implementing a model ordinance which, by its terms, sun - setted. 41 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. Article IV "Sign Requirements ", Sec. 4 "Standards" to be amended to add a new subsection B. 10 entitled "Feather Banners" as follows: 10. Feather Banners. a. Terms and definitions. A feather banner is a style of temporary lightweight sign comprised of partial metal 21• or plastic frame, pole, and /or base to which a vinyl, nylon, canvas or polyester fabric sign 3 face is attached. Depending on the shape and type of movement, such signs may also be 3 called a "flutter," "tear drop," "flying," "wing," "bow," "blade," "rectangular" banner, etc. S: \CC \WP \ORDINANCES\2016 \16 -003 Feather Banners_- _Ordinance_(rnr ver).doc - 1 - Height /size standards - A maximum height of ten (10) feet six (6) .inches overall : c measurement including support portion of sign, and a maximum width of thirty (30) inches. ;4 b. Materials. The sign face shall be nylon, polyester vinyl or canvas and neither the sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. 1. c. Number of banners. (1) Along business or shopping center frontage: one (1) feather banner per business : (as evidenced by business tax receipt) per three hundred (300) feet (or less) of linear street 1, frontage. A minimum of one (1) banner shall be allowed along the frontage if linear frontage is less than three hundred (300) feet. Where more than one frontage exists, the linear 1 dimension shall be cumulative, and the permitted banner may be placed along either frontage. a : (2) Banners placed on or within five (5) feet from the building facade or supporting components: one (1) feather banner per business (as evidenced by business tax receipt). (3) Only one (1) banner (i.e., feather or fixed banner as provided for in Section 3.B.4.) shall be permitted and displayed per business at any one (1) time. r d. Location. Feather banners shall not be placed within the site triangle of driveways or intersections, shall not be attached to landscaping materials, and must be placed behind 4 the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the property line, except that the setback may be less than ten (10) feet if still placed, as described herein, within an existing landscape buffer with a continuous hedge row. Banners shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block parking spaces or drive aisles. Banner placement may not interfere with pedestrian movement. e. Duration. The maximum display period shall be ninety (90) days per twelve (12)- month period, except that feather banner permits may be issued for one (1) additional display I period contingent upon there being available space based on the maximum number of banners allowed per property as described above. In order to ensure priority treatment of 9 first -time applicants, a permit for an additional ninety (90) -day display period may be 60 requested after seven (7) working days following permit expiration, if there remains capacity on the property for the additional banner. If desired by a first -time applicant for a feather • banner, applications shall be held by the city in queue for the next available display period « , based on the expiration dates of existing permits. Complete, first -time applications will be «• processed and held on a first - come, first- served basis. The duration period shall run for consecutive days. «, f. Application. An application shall be required for each banner, shall include a scaled plan or drawing that identifies the location of and setback for the proposed banner, and indicates the length of the property frontage if banner is to be placed greater than five (5) 4. feet from the building where the subject business is located. The application shall be signed 0 by the business owner and the property owner. g. Fee requirements. Permit applications shall be processed following the same . process used for processing other zoning permits, with a fee based on reviewer wage and review time. The minimum fee for each application shall be fifty dollars ($50.00). h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of • the ninety (90) day permit, provided the applicant surrenders the original permit. S: \CC \WP \ORDINANCES\20 i 6 \I 6 -003 Feather _ Banners _- _Ordinance_(mr_ver).doc -2- ■ i. Penalties. Fifty dollars ($50.00) per day or portion of a day for each banner displayed without a permit or after the expiration of a permit. : • Section 3. Should any section or provision of this Ordinance or any portion i thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING, this 19th day of January, 2016. :- SECOND, FINAL READING AND PASSAGE this Zia" day of __ kire 4 a , , 2016. :: CITY OF BOYNTON BEACH, FLORIDA :: YES NO • 1 Mayor — Jerry Taylor / • . Vice Mayor — Joe Casello / • -! Commissioner — David T. Merker / • : Commissioner — Mack McCray • , • : Commissioner — Michael M. Fitzpatrick •. id, � 11 VOTE 11I ATTEST: . ' ",'N,, _ 11•1 / flie ,f , v IA 1 i g Oa, ' - - fit 'N., k kr 1 I Jyi th A. Pyle CM / r ¢ 11. I erim City Clerk t 111. 11 11* (Corporate Seal) 11 S: \CC \WP \ORDINANCES\2016 \16 -003 Feather Banners_- _Ordinance (mr ver).doc - 3 -