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O96-61ORDINANCE NO. O96-~// AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 21, OF THE LAND DEVELOPMENT REGULATIONS, "SIGNS", BY AMENDING ARTICLE II. , "VARIANCES/EXEMPTIONS AND PROHIBITIONS". SECTION 1. VARIANCES, AND SECTION 3. PROHIBITIONS; BY AMENDING ARTICLE III, "SPECIAL CONDITIONS", SECTION 6, SPECIAL SIGNS, AND SECTION 7, NONCONFORMING SIGNS; BY AMENDING ARTICLE IV. "SIGNS ALLOWED", SECTION 1. "SIGNS ALLOWED IN RESIDENTIAL ZONING DISTRICTS." PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, it has come to the attention of the City Commission of the City of Boynton Beach that some clarification is required regarding certain Sections and Articles in the recently adopted Land Development Regulations; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend these Land Development Regulations; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 21, Article II. '¥ariances/Exemptions and Prohibitions", Section 1. "Variances" is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 1. Variances. After denial of a sign permit by the development department, a request for variance may be filed with the board ,,¢ ~'~;,,~+---,~-+ ~--,,--~ .... j .............. cf zoning appeals. The board ~,¢ cf zoning appeals may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this Ordinance from LDP,..cHFr21 REV. 10/31196~ 11/15/96 adequately identifying the business or other activity located on such property. ~;..~,~.~., k..~.~ of zoning appeals may only grant a variance to: The board of Section 2. Chapter 21, Article II. '¥ariances/Exemptions and Prohibitions", Section 3. "Prohibitions" is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure... Offpremises signs, except those permitted under Article III, Section 6 or Chapter 22, Article II, Section 7, Paragraph O. Section 3. Chapter 21, Article Iil. "Special Conditions", Section 6. "Special Signs" is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 6. Special signs. Temporary project development signs. Large areas under development... Temporary construction signs. One (1) non-illuminated sign may be permitted to be... C. Directional signs. LDILCHFr21 REV. 10/31/96,11/15/96 A residential subdivision~ erresidential development or neighborhood association of twenty-five (25) units or more, ............. .,.., c...._,: .... e ,,-, a majcr' cr "': ...."~'~' ..... (1) ign, ..................... t may be allowed one identification s .... e ...... ~ ........: ....... ~ .................... each m or zr ......... t w~ch se~es the residenti~ subdi~sio~ ~ residenti~ 2 development or neighborhood association, not to exceed two such locations. Each sign may have no more than two (2) faces not exceeding sixteen (16) square feet each face, and may be located in the public right of-way when traffic visibility is unobstructed and the location is approved by the director of development .............. Upon approval ~y *~ ....... : .......... on, the city and the representatives of the residential subdivision~ or-residential development or neighborhood association shall enter into a license agreement, setting forth the terms and conditions upon which approval to place the sign on the public right-of-way is granted. Approval hy ~c ¢~y does not preclude the necessity to secure approvals from other governmental agencies. Temporary banners may be posted on private commercial or industrially zoned property within the city for one period of time not to exceed two weeks within a one year period. No temporary banner sign may be displayed without written approval in advance by the, director of development or his/her designee. Temporary_ banner sign.~ shall be limited to announcing the opening or clo.qing ora commercial or industrial business and shall not be, used to announce any sale or special business event. Temporary_ banners may not exceed an area of twenty (20) square feet each, may not be placed in setbacks, and may not create any obstruction to motorist visibility. Applicant shall agree to remove banners within twelve hours upon posting ora tropical storm or hurricane watch. Thi~ subsection shall not be applicable to the City of Bo_~ton Beach, nor shall it prevent the City from using banner signs to announce municipal activities, events or programq. Section4. Chapter 21, Article III. "Special Conditions", Section 7. "Nonconforming signs." is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 7. Nonconforming signs. A sign or advertising structure... Nonconfomting signs shall be removed, changed or altered to conform to the provisions of this chapter --':+~-:~ five ~ ~.,, +~,~ ,~+~ +~,:~ ~:~., t-~,,~ +~.~ t by ......... ~.,~ years ................ -,,,~,, ~ ........... effe¢ December 31, 1999. apply: A. LDR.CHPT21 REV. 10/31[96~ 11/15/9~ A sign shall not be deemed nonconforming ifeithe~ any one of the following conditions The sign is a freestanding sign which does not exceed 24 feet in height but is otherwise in conformance with all provisions of this chapter; or The sign is a wall sign or freestanding sign which does not exceed the sign limitations set forth in this Sign Code by more than 20 percent and is otherwise in conformance with all provisions ofthi.q chapter; or The sign is a freestanding sign which does not meet the setback requirements of this £;.gn Ccdc chapter, but does not otherwise violate the setback requirements set forth in Article III, Section 5 or any other provisions of this chapter. Section 5. Chapter 21, Article IV. "Signs Allowed", Section 1. "Signs allowed in residential zoning districts." is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: ARTICLE IV. SIGNS ALLOWED Section 1. Signs allowed in residential zoning districts. The following signs are allowed and regulated in residential zoning districts: A. One (1) plaque not exceeding two (2) square feet in area. On plots containing permitted nonresidential structures or uses, a flat or freestanding sign, not exceeding thirty-two (32) square feet in area will be permitted for the limited purpose ofadverti.qing only the main use of the premises. A flat wall sign on a building must not be higher than ten (10) feet, ncr and a freestanding sign must not be higher than six (6) feet. *~'~' -~: ...... ~"~' .....: ..... ~" Sign entry ............... }, ........... j .....s on walls may not extend above the top of the wall. C. Temporary real estate signs Single Family: One (1) real estate sign not exceeding five (5) square feet in area and no taller than four (4) feet is allowed per street frontage. Multi-family or commercial: One (1) real estate sign not exceeding thirty- two (32) square feet in area and no taller than six (6) feet is allowed per street frontage. A condominium~ orresidential development, or incorporated residential neighborhood association may erect single faced name signs on each side of all entrances on site walls or one (1) freestanding monument sign for each entrance. These signs are not to exceed thirty-two (32) square feet in area, nor be more than six (6) feet in height. LDK.CHPT21 REV. l 0/31/96,11/t5/96 4 Eo Directional signs for multi-family or permitted nonresidential structures, not exceeding four (4) square feet in area nor five (5) feet in height, v, Sth a ?.r',2t cf .... ~ v o.r,..o v .... -. ..... u may be allowed at points ,,r ---v ...... , lot ingress and egress. Section 6. That each and every other provision of the Land Development Regulations not hereinbefore specificaliy amended shall remain in full force and effect as previously enacted. Section 7. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 8. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. SeCtion 9. Authority is hereby given to codify this Ordinance. Section '10 This Ordinance shall become effective immediately. FIRST READING this /_~ day of November, 1996. SECOND, FINAL READING AND PASSAGE this ,;~/ day of January, 1997. ATTEST: City ~lerk ' - " CITY OF BOYNTON BEACH, FLORIDA IV~yor , Vice Ma r ssioner 5