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O01-50ORDINANCE NO. O1- '~ AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART HI, "LAND DEVELOPMENT REGULATIONS", CHAPTER 1, "GENERAL PROVISIONS", ARTICLE II "DEFINITIONS"; TO CLARIFY THE DEFINITION FOR THE TERM "BANNER"; AMENDING PART HI, "LAND DEVELOPMENT REGULATIONS", CHAPTER 21, "SIGNS", OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH IN ITS ENTIRETY, TO PROVIDE FOR THE REGULATION, ADMINISTRATION, AND ENFORCEMENT OF REGULATIONS CONCERNING THE PLACEMENT AND APPEAR_~NCE OF PERMANENT AND TEMPORARY SIGNS.; PROVIDING FOR DESIGNATED CORRIDORS FOR TH~ OF SIGNS WITHIN THE PUBLI£ OF WAY WITmN THE CITY; PROVIDING FOR CONFLICT, SEVERABILITY, CODH~-ICATION, AND' PROVIDING AN EFFECTIVE DATE. WHEREAS, the City administration has been in the process of a review of the )rovisions of the City's Sign Code and has made recommendations based upon idministrative considerations, emerging trends, aesthetic concerns, and emerging legal lidelines; and WHEREAS, the City Commission has determined that it is in the best interest of the )mmunitv ro amend provisions of the Sign Code to facilitate enforcement, administration, md to con'ply with emerging legal guidelines; and WHEREAS, the amendments hereinafter set forth will facilitate the administration of :he City's regulation of signs in a manner which balances aesthetic concerns, commercial aeeds, and existing property rights; and WHEREAS, the City Commission has determined that it is in the best interest of the ~esthetic concerns of the City of Boynton Beach that this Ordinance be adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF YHE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are lame and correct and hereby ratified and confirmed by the City Commission. Page 1 of 30 )NT:dnt :\CA\Ordinances\LDK Changesksign code revision for banners-DTI i 130 l.doc Section 2. Article II, "Definitions", Chapter 1, "Gcm~ral Provisions", of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: BANNER - A sign having the characters, letters, illustrations or ornamentation applied to cloth, paper, film or fabric of any kind, with only such materials for a backing. Bar.=~r shall .uc~ .................... ~al. c?:i: cr c.h;'~ch flag:, awn:rigs ^~ Section 3. That Part III, "Land Developmcmt Regulations", Chapt~ 21, "Signs", )f the Code of Ordinances of the City of Boynton Beach, Florida, be, and the same is h~reby mended to read as follows: 2HAPTER 21: SIGNS ARTICLE I. IN GENERAL Section 1. Short title. This chapter shall hereafter be known and cited as "The Boynton Beach Sign Ordinance." Section 2. Definitions: "Si~" shall mean and include any letter, fim~re, character, mark, plane, point, marquee simon, design, poster, pictorial, picture, banner, stroke, stripe, line. trademark or readin~ material which shall be constructed, placed, attached, painted, erected, fastened, manu/hctm'ed or displa,ved in any manner whatsoever for the purpose of intbrming of or advertising about the nature, t~,pe or quality of goods, services or activities available; or m advertise the name of any firm. comoration business or any other enterprise, or ks nature. r~pe or quality of goods, se~wices or activities: or to attract to or identii¥ anv of the aforementioned or by irs natm-e, act m draw attention to a business. Ever-/siva shall be classified and shall contbrm to the requirements set forth in this chapter. Page 2 of 30 3NT:dnt S:\CA\OrdiuanceskLDR Changesksign code revision for banners-DT111301.doc Section 3g. Purpose. The purpose of this article is to create the framework for a comprehensive and balanced system of sign control. It recognizes the need for a Well maintained and attractive appearance in a community and the need for adequate business identification, advertising and communication. It is the intent of this chapter to promote the health, safety, convenience, aesthetics and general welfare by controlling signs which are intended to communicate to the pubhc and to authorize the use of signs which are: A. Compatible with their surroundings. B. Designed, constructed, installed and maintained in such a manner that they do not endanger public safety nor contribute to vehicular visual distraction. C. Efficient in transfer of information. Section 4_8. Penalties; enforcement. Any person violating any of the provisions of this chapter shall be deemed gnilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred ($500) dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Enforcement of this chapter may also be secured through the Code Enforcement hearing process under Chapter 2, Article V of the Boynton Beach Code of Ordinances. Section 5_4. Permitting. Except as provided in Article II, Section 2 it shall be unlawful for any person to erect, repair, alter, or relocate ~vithin the city any sign and the uppo ~ ~'~'~*;~;~ ~ structure s rtin~ the si~n or ~t .... ,-,~e ~,~ ........ as defined in this chapter, without first obtaining a permit from the Boymon Beach Development Department and making payment of the fee required. All illuminated signs shall, in addition, be subject to the provisions of the National Electrical Code. Signs and structures supportin~ signs or zign aumcmres previously erected without a valid permit shall be in violation of this chapter and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal Page 3 o£30 )NT:dnt S:\CA\Ordinances\LDR Changesksign code revision for banners-DT111301 .doc sign, or to immediately remove such sign and the structure supporting such m[m e~ o~ ......... upon notice that the sign or structure support/ng the si~n or ~,e ......... ~s ~llegal. The notice shall contain a time period for removal. Section _65. Apphcation. Application for permits shall be made upon blanks provided by the development department and shall contain or have attached thereto the folloWing information: A. Name, address and telephone number of the applicant; B. Location of building, structure or lot to which, or upon which, ........ ~ ....... 1S tO the sign and structure supporting the si,m~ or off,er ~"~;~; ........... be attached or erected; C. Position of the sign and sn'ucmre supporting the sign cr a~ ........ ~ in relation to nearby building, structures and property lines; D. Two (2) copies of the plans and specifications and method of construction and attachment to the building or in the ground. Plans must include all proposed sign colors. E. Documents showing that the structure supporting the sign is designed for dead load and wind load in any direction in an amount consistent with the reqmremems contained in the Standard Building Code and as required by this and all other laws and ordinances of the city. The seal of a Florida registered engineer or architect shall be affixed to drawings of the signs or sign s~'acrures and/or sm~cture supporting the siam which have an area exceeding thirty~two (32) square feet and/or exceeding ten (10) feel in height, certifying that such signs are designed to meet the required loading. In cases when required by the director of development, signs shall show calculations for wind loading. F. Name of person, fu-m, corporation or association erecting the si~o-n and the s~zucmre supporting the sign s~acture; G. Written consent of the owner of the building, structure or land to which or on which the sign and the structure supporting the sign is to be erected; Page 4 of 30 )NT:dnt S:\CA\Ordinances~LDR Changes~sign code re~ision for bmmers-DT111301.doc H. The type of sign o~and si~'~ structure supporting the si~,n as defined by this chapter; The estimated value of the s~gn and/or the structure supporting the sign srruc'~ure; J. All electrical details required to determine code compliance for the sign and the structure supporting the sian; and All such other information as the development deparunent shall require to demonstrate compliance with this and all other laws and ordinances of the city. Section 7& Permit issuance. The developmem department shall examine plans and specifications and other data and the premises upon which it ~s proposed to erect the sign and structure supporting the sign or c:k~r ad:Tc~zlng ~u~c~ure, and if it appears that the sign and Stmcurre is in comphance with all the requirements of this chapter and all other laws and ordinances of the city, the depamncmt shall issue a sign permit. All permits are subjec~ to the requirements contained in the latest adopted Countywide Administrative section of the Standard Building Code. Section _8¢. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to the development department prior to permit review or issuance. Any sign or structure supporting a sign which is erected or is in the process of being erected without a permit is subject to a total permit fee of four (4) times the normal permit fee. Section 9_~. Annual inspection. The city may inspect at any time each s~gn or ~*~- ~'~;"~ s~x .... structure suppom ~ sign regulated by this chapter for the purpose of ascertaining whether the same is unsafe, in need of repair or mamtenance, not in conformance with the permit application or otherwise in violation of the provismns of this chapter. Section 109. Revocation of permit. Page 5 of 30 )NT:dnt k\CA\OrdimmceskLDR Chaugesks~gn code revision for banners-DTI 11301.doc The development departmc'nt is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application and specified in the latest adopted Countywide Administrative Section of the Standard Building Code. Section l 1J,8. Unsafe and unlawful signs. If it is determined that any sigu~_--or structure supporting a sign. ~ *~ .... ~,~:~:~ ...... regulated herein ts unsafe or insecure, or is a menace to the public, or has been consu-ucted or erected or is being maintained in violation of the provisions of this ordinance, h~ the appropriate City Official shall give wtittcm notice to the owner thereof. If the owner falls ro remove or alter the sign or structure so as to comply with the standards herein set forth within the time prescribed in the notice, such sign or c*3er ~.~4~:~,. structure may be removed or altered to comply by the city at the expense of the permittee or owner of the property upon winch/~ the sign o.r_ structure supporting the sign is located. The development department shall not issue a permit to any permittee or owner who refuses to pay costs so assessed. The director of development may cause any sign or structure supporting a s~gn ct.h~er--ad~c:s:n~, s~-*.ure which presents an immediate petit to persons or property to be removed without notice. Section 1244:. Permit number posting. Every sign or structure support/ne a siRn et:her ~ ..... :~: ......... hereafter erected shall have placed in a conspmuous place thereon, the permit number of the sign. Section 13~. Maintenance. The owner of any sign and structure supporting a sigm as defined and regulated by this chapter~ shall be required to properly maintain said sign and structure. For a sign to be properly maintained, the sign, together with its framework, braces, angles or other supports shall be in a safe condition, properly secured, supported and braced and shall be able to withstand weather conditions and loads as required by the regulatory codes in effect within the municipal limits. Maintenance shall include painting and parts replacement. Section 14~. Licensing, competency of contractors. A person shall not engage in the business of erecting, painting, wiring or maintaining signs witinn the city without first having procured an Page6of30 DNT:dnt S:~A\Ordin~c~DR Ch~ges~ code ~sion ~r bann~-DTt 11301.doc occupational license for such business from both the city and the county. The following qualifications shall govern the categories of sign work: A. Sign conu'ac~or, electrical. Those who are qualified and licensed to install, repair, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and who are also qualified to erect signs. Such contractor may connect to any existing s~gn circuit and may contract and secure permits for the erection of electrical mgns or sign structures. B. Sign contractor, non-electrical. Those who are qualified and licensed to install, repair, add to, paint or change non-electrical signs, according ro the Standard BuildingCode and who may secure permits for the erection of electrical signs or s~gn structures (but must sublet the electrical work unless an electrical contractor ~s associated with the firm). C. Owners, lessees. Notwithstanding either of the above classifications, nothing herein contained in this section shall be construed to prevent an owner or lessee of property from constructing and erecting a non- illuminating sign or sign structure, not exceeding thirty-two (32) square feet in area and/or six (6) feet in height, on said property. Such work shall be erected in a professional mariner and shall comply with all other sections of this chapter. Section 15J~4. Wind pressure and dead load requirc~ments. All signs and other advertising sumcmres shall be designed and constructed to withstand wind and dead loads as required by the Standard Building Code or other ordinances of the city. Section 16~. Removal of abandoned signs. Any sign, or sumcmre supporting a sign, now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and rcmaoved by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within ten (10) days after the business use ceases. ARTICLE II. VARIANCES 'EXEMPTIONS AND PROHIBITIONS Section 1. Variances. Page 7 of 30 NT:dnt ~:\CA\OrdiuanceskLDR Changesksign code revision for banners-DTl 11301.doc After denial of a sign permit by the development department, a request for variance may be filed with the board of zouing appeals. The board of zoning appeals may grant a variance if it finds thal the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the bumness or other activity located on such property. The board of zoning appeals may only grant a variance to: A. Allow a setback less than that required under the chapter; B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent,of the maximum allowable height or area; or C. Allow the number of signs to be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. Section 2. Exemptions. The permit requirements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject to other provisions of this code: A. Real estate stgns not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the property line, meet the structural reqmrements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. B. A single residential yard sign, not exceeding three (3) square feet m area (Beware of Dog, Watch your Step, Name and Address, etc.). C. Window/door signs using less than twenty (20) percent of the total glass area facing in any one directior~ This area is not included in the total sign area allowed under this chapter. These signs are not permitted in residential zoning districts. D. Political signs. These signs must comply with Article III, Section 6.D of this Chapter. E. Flags~. Page 8 of 30 DNT:dnt S:\CA\0rdinances\LDK Changes\sign code revision for banners-DT11 I301.doc t~E. Bulletin boards not over eight (8) square feet in area for public, charitabl~-or religious institutions when the same are located on the premises of such institutions. G_F.. Occupational signs denoting only the name and profession of I an occupant m a commercial building, public institutional building or dwelling house and not exceeding two (2) square feet in area. R~_. Memorial signs or tablets, names of buildings and date of [ erection, when cut into any masonry surface or when constracted of bronze or other incombustible materials. Vk!_. Traffic or other governmental signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency or non- advertising signs as may be approved bythe city. ~_I. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. t~_. Vehicular signs. Bus shelter signs. Section 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering signs C. Balloons Bus bench signs YE_E_. Festoons @F_. Flashing signs Page 9 of 30 code revision for barmers-DT111301.doc ~_G. Roof signs IH. Rotating signs ~[I. Signs that swing tg_J. Sidewalk signs (sandwich/"A" fi:me) ~K_. Portable signs ML_. Signs that obstruct flee ingress to or egress fi:om a door, window, fire escape or other required exit or entrance. NM. Signs which use the words DANGER, STOP or LOOK or any other words, phrases, graphics or characters in a manner as to intm'fere with, confuse or mislead traffic. OW. Snipe signs or s~gns attached to or painted on fnce escapes, television antennas, satellite dishes, utility poles or any other associated structure. taO. Signs which emit odors, sounds, smoke, vapor or other visible matter. (~P. Signs or sign smmmres supported by visible guy wtres, cables or where there is visible electrical conduit. t~g!. Unauthorized signs on property owned by or under control of the City of Boynton Beach. _, ......... a ,~,;+~..~ ..... ;, t,~; ....... a tmtess approved pursuant to this Chapter. ¢S_. Off premises signs, except those permitted under Article Ill, Section 6 or Chapter 22, Article II, Section 7, Paragraph O. ¢'_I'. Electrical signs of a commercial nature in residential zoning districts, except that in a development where models are being demonstrated, an illuminated sign, meeting the other requirements of this chapter, may be used provided no illumination is shown between the hours of 9:00 p.m. and 7:00 a.m. the following day. Page 10 of 30 )NT:dnt i:\CA\OrdinaneeskLDR Changesksign code m~'ision for baunm-s-DT11130 l.doc YL_i. Commercial advertising matter, including but not limited to, circulars, throwaways, handbills; provided however, this prohibition shall not be construed to prevent the use, distribution or dissemination of such matter on a regular weekly, bi-weekly or monthly basis by a person or business duly licensed or registered with the city. This prohibition shall not be construed to include business cards. x~JV. Billboards. XW. Non-geometric signs shaped to depict figures or demonstrative shapes used to attract attention to the business activity with which the sign is associated. YW. Painted Wall Signs. ARTICLE III. SPECIAL CONDITIONS Section 1. Traffic hazards. No sign or ~ structure supportin~ a sign regulated by this chapter shall be erected at the intersection of any streets in such a manner as to obstruct flee and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Section 2. Obscene matter/misleading advertising. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter. It shall be unlawful for a person to display false or misleading statements upon signs, calculated to mislead the public as to anything sold, any services to be performed or information disseminated. The fact that any sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in reading same, shall be prima facie evidence of a violation of this section by the person displaying the s~gu or permitting same to be displayed. Section 3. Aesthetics. The aesthetic quality of a building or an entire neighborhood is materially affected by achieving visual harmony of the s~gns on or about a Page 11 of 30 )NT: 3:\CA\OrdinanceskLDK Chmagesksign code revision for banners-DT111301.doc structure supportin~ a si ~g~!._ as it relates to the architecture of the building or the adjacent surroundings. In addition to the mechanical limitations on signs unposed by tiffs section, there are certain aesthetic considerations which must be met and are therefore subject to review by the Planning and Development Board ~vhen required. The scale of the sign must be consistent with thc scale of thc building on which it is to be placed or painted and the neighborhood in wiffch it is located. However, ~n no case shall it exceed the size provided for in other sections of tiffs chapter. The overall effect of the configuration or coloring of the sign shall be consistent with the community Design Guidelines. The configuration and colors shall be complementary with other signs already on the building and on adjacent properties. All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific location,, with a minimum dimension of the landscaped area not less than [wo (2) feet. Landscaping shall be protected from vehicular encroachment. Section 4. Interpretation. Where a question arises regarding the interpretation of this chapter, the most restrictive interpretation shall prevail. Interpretations of tiffs chapter shall be made by the director of development or designee. Section 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured fi:om the property line to the closest surface of the sign. Where a building is closer than ten (10) _feet from a property line, a freestanding sign can have its leading edge one halfway between the property line and the building. Wall signs can be on the building surface. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of- way, all signage within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet. The triangular areas above referred to are: The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public Page 12 of 30 DNT:dnt S:\CA\Ordinances~LDR ChangesXsign code revision for banners-DT111301.doc Section 6. A. right-of-way line with ~wo (2) sides of each triangle being ten (10) feet in length (or more when determined to be necessary by the development department), from the point of intersection mid the third side being a line connecting the end of the other two (2) sides. The area of property located at a comer formed by the intersection of two (2) or more public or private rights-of-way, with two (2) sides of the triangular area being thirty-five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection and the third side being a line connecting the ends of the oth~ two (2) lines. Special signs. Temporary project development signs. Large areas under development shall be permitted two (2) s~gns not to exceed a combined aggregate area of two hundred frf~y (250) square feet. Said signs shall be located in accordance with the requirements contained in this chapter relating to the specific zoned area. Permits for said signs shall be limited to the nme the development is completed, terminated or abandoned. The permits for such signs will not be issued prior to the date upon which an application for a permit for the related building consu'uction or site development is filed. These signs must be removed within sixty (60) days after the pemnt is issued, if construction has not commenced, or if such construction is substantially abandoned for ninety (90) days, as evidenced by a lack of inspections and/or other pertinent conditions. Signs must be removed when the final building inspection is called for. Temporary construction signs. One (1) non-illuminated sign may be permitted to be erected on the premises or attached to a tool house on the premises subject to the following conditions: Such sign shall not exceed thirty-two (32) square feet in area. Such sign shall not be erected prior to the issuance of a building permit and must be removed when the building or project is completed; provided, however, if such sign is erected as permitted hereunder and construction is Page 13 of 30 )NT:dnt ;:\CA\Or dinanceskI~DR Changes\sig~ code revision for bann~r$-DT111301 .doc not commenced within one hundred eighty (180) days after permit is issued, or if such construction is substantially abandoned for one hundred eight (180) days as evidenced by a lack of successful inspections and/or other pertinent conditions, such sign shall be immediately removed by the owner or lessee of the premises. Such sign shall be located on the premises being developed in accordance with the requirements of this Code relating to the specific zone areas. Directional s~gns. General directional signs limited to six (6) per c~vic organization, church, recreational facility and limited to one hundred forty-four (144) square inches per sign and located m street intersections or other locations for the convenience of the traveling public, may be permitted in city right-of-way when approved by the director of development. The owner shall have the signs made at the owner's expense, but according to the specifications of the city. Said signs shall be placed by the responsible governmental body m the expense of the owner mad when the sign is in the public right-of-way, k shall be placed on opposite comers from street signs. A l/mit of six (6) signs on one (1) pole may be permitted at each street intersection. Special civic event, recreational or expositional signs of a temporary nature, not to exceed seventy-five (75) square feet in area, which are of general benefit to the community and which are individually approved by the director o f development, may be permitted. Such signs shall be located at specified points for the convenience of the traveling public. The signs shall be removed within five (5) days of the completion of the event. Street mgns. A subdivision name sign may be placed on a city street post by city personnel, provided it is requested through the Public Works Department and paid for by the party requesting said sign. This sign Page 14 of 30 )NT:dnt S:\CA\Ordinm~ceskLDR Changes~sign code rev/s/on for banners-DT11130 l.doc shah be identical to the street sign as to color, size and shape. Temporary directional signs may be erected to guide traffic to building models at intersections in the city rights-of-way. Such signs shall not exceed three (3) square feet in area, nor be more than three (3) feet in height above the grade of the right-of-way. Said signs shall be approved by the development deparunent. Not more than six (6) such signs will be allowed for m~y one (1) development. These signs shall be p}aced at the development department's discretion and in all cases shall be placed as close as possible to the development from the main thoroughfare, A residential subdivision, residential development or neighborhood asSOciation of twenty-five (25) units or more, may be alloWed one (1) identification sign m each major intersection which serves the residential subdivision, residential development or neighborhood assoc:iation, 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, 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 s~gn on the public right-of-way is granted. Approval does not preclude the necessity to secure approvals fi:om other governmental agencies. Temporary political signs may be posted on private proper~y within the city during the sixty (60) day period preceding any local, state, or national election, with the consent of the property owner. Candidates or parties desiring to post such s~gns shall file with the city Clerk a notice of intention, to post same prior to the posting of any such. sign and shall agree to remove any such s~gns so posted within ten (10) days after the date of the election. No fee shall be required in connection with the posting of temporary political signs. Political circulars Page 15 of 30 DNT:dnt S:\CA\Ordinances\LDR Changesxs~gn code revision for bann~rs-DT111301 .doc and handbills may be distributed within the city during the above sixty (60) day period. All political signs must comply with the structural and setback requirements of this Code. Bus shelter signs. Signs on city transit stop shelters may be permitted when authorized by written agreement approved by action of the City Commission pursuanl to the provisions of Section 337.407(2), F.S. When so authorized, the following standards shall apply: Signs on city transit stop shelters and associated structures and equipment, including but not limited m benches, bicycle racks, and trash receptacles, shall be permitted only at city transit stops designated by the city, or other areas approved bythe City. Placement of bus shelters shall be subject to city review so that no shelter shall be permitted to Obstruct a public sidewalk or create a hazard or to othenvise be detrimental to the public safety. A permit for each bus shelter shall be required, but no permit fee shall be charged. Bus shekers and associated structures or equipmem shall be designed to meet city building code requirements, if any. o Any bus shelter or associated structures or equipment located on a sidewalk within a public right-of-way, shall be so located so as m leave at least thirty-six (36) inches clearance for pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the centerline of the road. In addition, shelters and pads shall comply with the Americans with Disabilities Act Implementation Manual, Accessibility Guidelines for Transportation Facilities; Part Pi of the Federal Register, Transportation for Individuals with Disabilities; Florida Statutes, Section 337; the Florida Administrative Code Rule Chapter 14-20 and any city standards or guidelines for placement and design. Not more than one bus shelter or associated structures or eqmpment displaying Slgnage or intended for the Page 16 of 30 )NT:dnt ~:\CA\OrdinanceskLDR Changesxs~gn code revision for barmers-DT111301.doc display of signage shall be permitted at a city transit stop. o Display space on bus shelters shall be limited in location and size to the side or rear wind screen panels. If any bus shelter or associated structures or equipment signage is deemed objectionable in the judgment of the city, it shall be removed by the sponsoring organization. Should any bus shelter, associated structures or equipment or sign on an associated su~acture or equipment, or bus shelter sign fail to conform to the above standards; or should a residential property owner object to the presence of a bus shelter abutting his property, then the city may order the sponsoring organization to remove such bus shelter and, that failing, may remove same at the expense of the sponsoring organization. One Zl:temporary banners may be posted on private commercial or industrially zoned property within the city for cne a period of time not to exceed two weeks within a one year period. No temporary banner sign may be displayed without ~vritten approval in advance by the director of development or his/h~r designee. Temporary banner signs shall be limited to announcing the opening or closing of a 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 of a tropical storm or hurricane watch. This subsection shall not l~e ~v ...... tc ~'~ t-~,,, ~r r~^~+~ r~. .... ~n :+ ...... m p hib' th City fr ~,,~j ........... , .......... ~ .... ro it e om ~ placing banner signs on City owned property or wSthin the pubtic ri~ht-of-way wSthin certain designated corridors throughout the City in order to announce municipal or not-for profit activities, events or programs pursuant to this Chapter. Section 7. Nonconforming signs. Page 17 of 30 )NT:dnt S:\CA\Ordinances\LDR Changes~sign code revision for bann~rs-DT111301.doc A sign or adve2;ising structure smtcmre supporting a sign located in an area annexed into the city after the adoption of Ordinance No. 91-1 (January 15, 1991) shall be brought into compliance with ail provisions of the Sign Code ~vithin six (6) months following the date of annexation. No amortization period provided herein shall apply to signs or sumcmres su_~porfin~ the si,~ns within such mmexation areas. A b/llboard sign in an area of Palm Beach County which is annexed into the City of Boynton Beach after the date of adoption of Ordinance No. 94-18 (June 21, 1994) shall bebrought into compliance with all provisions of the Sign code within five (5) years following the date of armexatio~ provided that any billboard on undeveloped land shall be brought into compliance as a condition precedent to the issuance of any development order sought prior to the five-year amortization period. An existing billboard sign which was annexed into the City of Boynton Beach after January 15, 1991 shall be brought into compliance within five (5) years from the date of adoption of Ordii~aace No..94-18 (June 21, 1~94). The proViSions of this section which define ,and, delineate a nonconforming sign s~all apply to all billboards annexed into the city. Any existing sign which does not conform to the requirements of this chapter, shall hereafter be deemed nonconforming. All signs must be maintainer/to original standards and conditions and upon modification must comply with all sections of this chapter. Relettering or change of copy, provided there is no alteration or repair made to the sign stmctu~e, shall not constitute a modification. Nonconforming signs shall be removed, changed or aitered to conform to the provisions of this chapter by December 31, 1999. A sign shall not be deemed nonconforming if any one of the following conditions apply: The sign ~s a freestanding sign which does not exceed 24 feet in height but is otherwise in conformance with ail prowsions 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 of this chapter; or Page 18 of 30 DNT:dnt S:\CA\OrdinanceskLDR Changes ~s~gn code revision for batmers-DT111301 .doc The sign is a freestanding s~gn which does not meet the setback requirements of this chapter, but does not otherwise violate the setback requirements set forth in Article 1~I, Section 5 or any other provisions of this chapter. If any nonconforming s~gn is damaged by any cause or is othffrwise in need of repair, to such an extent that the cost of repairing the sign equals fifty (50) per cent or more of the original cost of the sign, then its classification as a "nonconforming" sign under this section shall be automatically revoked and repairs shall be made so that such sign shall meet all the requirements of this chapter. Section 8. Overhead clearance. A sign projecting over areas where vehicular traffic may be required to pass shall be erected to maintain a minimum clearance of sixteen (16) feet for the free passage of such vehicles. 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. Bo On plots containing permitted nonresidential su-ucmres or uses, a flat or freestanding sign, not exceeding thirty-two (32) square feet in area will be permitted for the limited purpose of advertising only the main use of the premises. A flat wall sign on a building must not be higher than ten (10) feet, and a freestanding sign must not be higher than six (6) feet. Signs on entry 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 ~n area and no taller than four (4) feet is allowed per street frontage. Page 19 of 30 )NT:dnt i:\CA\OrdinanceskLDR Changesksign code m,A sion for banners-DT1 l 13 01 .doc 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, residential 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. Directional s~gns for multi-family or permitted nonresidential structures, not exceeding four (4) square feet in area nor five (5) feet in height_may be allowed at points of ingress and egress. (Ord. No. 96-61, § 5, 1-21-97) Section 2. Signs allowed in commercial nonresidential districts not otherwise excluded. The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: One (1/real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. One (1) double faced freestanding sign advertising the use of the prermses. The maximum area for this sign shall be one (1) square foot of area for each linear foot of street frontage; no such sign shall exceed sixty-four (64) square feet in area. No sign shall be taller than twenty (20) feet. one (1) or more fixed projecting or flat wall sign(s) which advertises the use of the premises, provided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either s~gn extend above the parapet of the building or beyond the building comers. The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of linear building frontage. Page 20 of 30 )NT:dnt g:\CA\OrflinancesXLDR Changesxs~gn code revision for banners-DT111301 .doc Section 3. In addition to the other signs in this section, one (1) on- premises sign, described as follows, shall be permitted in those commercial districts of the city where drive through restaurants are permitted. Said sign shall be an exterior single-face menu sign with illustrated face not to exceed twenty-five (25) square feet. Such signs will allow for instructions on use of pick-up window service and list the menu and price of items to be sowed, with the top of the sign not to exceed five (5) feet above ground level at the base of the sign. Non-illuminated identification signs shall be permitted on the rear door of all business establishments provided such signs are limited to three (3) square feet in area. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. Temporary business identification signs shall be permitted instead of other wall signs permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued, pending the approval of a sign application, if at the time of the Certificate of Occupancy an application for a sign pm'mit has been submitted to the development department. Signs allowed in shopping centers and public use districts. The following signs are permitted and regulated for shopping centers: One (1) real estate s~gn advertising"For Sale/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. One (1) freestanding sign advertising the use of the premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear foot of street frontage of the lot provided such sign does not exceed one hundred sixty (160) square feet in area or a max/mum height of twenty (20) feet. Lots which front on more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, not to exceed one hundred sixty (160) square feet in area with a Page 21 of 30 3NT:dnt S:\CA\OrdinancesB~DK Changes~gn code req/ision for bmmers-DT111301.doc Section 4. maximum height of twenty (20) feet, to be located on the additional roadway. One (1) or more flat wall sign(s) which advertises the use of the premises~ The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of linear building frontage. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet m area. This sign shall be placed in front of each occupancy perpendicular to the building face under the covered wall~ay a~d shall not be less than ninety (90) inches from the walkway, with a rigid mounting. A directory sign, not exceeding eighteen (18) square feet in area, is pemaitted. This directory s~gn can not exceed a height of six (6) feet and must be placed within the building setback area. Non-illuminated identification signs shall be permitted on the rear door of any business establishment, provided they are limited to three (3) square feet in area. Directional signs, not exceeding four (4) square feet m area, nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Signs allowed in malls. The following signs are permitted and regulated in malls: exterior building wall signs, one per exterior wall face of each major department store and other center section stores with exterior customer enucances. These signs must not exceed ten Page 22 of 30 )NT:dnt ;:\CA\Ordinances~LDR Change~sign code revision for banners-DT11130l.doc (10) percem of the exterior wall face upon which they are attached. Each entrance from the public right-of-way into the mall will be allowed a three-sided freestanding sign not to exceed thirty-two (32) square feet in area per sign face. A freestanding sign, in compliance with Article iV, Section 3.B will be permitted in lieu of the above referenced entrance signs. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, located m points of parking lot ingress and egress. A directory sign, not exceeding eighteen (18) square feet in area, ~s permitted. This directory sign can not exceed a height of six (6) feet and must be plac~d within the building setback area. Non-illuminated identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. One (1) real estate sign advertising '~For Sale/R~nt/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. ection 5. Signs allowed in industrial zoning districts. The following signs are permitted and regulated in industrial zoning districts: One (1) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet ~n area, nor six f6) feet in height. One (1) such sign is permitted for each street frontage. One (1) freestanding sign, not exceeding sixty-four (64) square feet in area, advertising the use of the premises. This s~gn shall be predicated on the basis of one half (1/2) square foot of sign area for each one (1) linear foot of street frontage, with a maximum height of twenty (20) feet. One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the premises, provided that for the projecting sign, the sign and its supports shall not extend more Page 23 of 30 ~NT:dnt S:\CA\OrdinanceskLDR Changesksign code revision for banners-DT111301 .doc than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maximarn area for tiffs signage shall be one (1) square foot of area for each one (1) foot of linear building frontage. Non-illuminated identification s~gns shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six (6) feet and must be placed within the building setback area. Lots which have uses which front on 1-95 may be permitted additional flat sign(s) subject to the limitations ~mposed in Article IV, Section 5.C if the building is designed to front on 1- 95. For purposes of clarification, fronting in this section means that the building entrance faces 1-95 and no garage doors are visible from the Interstate. Additionally, the area between the use and the Interstate must be landscaped as if it were fronting on a street. Go Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, with a limit of four (4) s~gns per lot, located at points of parking lot ingress and egress. Temporary business identification signs shall be permitted instead of other wall signs permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application, if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Section 6. Signs in the central business district. The following signs are permitted and regulated in the central business district (CBD): Page 24 o1'30 )NT:dnt g:\CA\Ordinauces\LDR Changesksign Code rev/sion for banners-DT1 l 1301.doc Section 7. One (i) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed sixteen (16) square feet in area, nor six (6) feet in height. One (1) freestanding sign, not to exceed eighty (80) square feet in area, advertising the use of the premises. The maxamum area for this sign shall be one (1) square foot of sign area for each one and one half (1-1/2) linear feet of street frontage, with a maximum height of twenty (20) feet. One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the premises, provided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maxirmma area for this signage shall be one (1) square foot of area for each one (I) foot of linear building frontage. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy under the covered walkway and shall not be less than ninety (90) inches from the walkway, with a rigid mounting. Identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the-approval of a sign application, if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development deparunent. Signs permitted in planned districts. Page 25 of 30 )NT:dnt ;:\CA\Ordinances\LDR Changeslsiga code rev/sion for bann~cs-DT11130Ldoc The following are the general requirements for s~gns in planned districts (PUD, PCD and PID); for specific allowable signage, see the regulations for each regular zoning district. Purpose and intent. The purpose of this section is to encourage continuity for signage in the planned districts, while allowing for flexibility with respect m type, color, number, location (exclusive of setbacks) and design of signs. The general requiremants for each planned district can be found in the corresponding regular zoning district in this sign chapter. The approval of signs in planned districts require the submission of a sign prOgram for the entire project as part of the site plan approval process. Sign program. All requests for approval of a s~gn program shall be filed as part of the original site plan approval process or as a modification to the approved site plan. All applications shall be filed by the sign owner or his agent, with the appropriate fee and shall describe and set forth the following: 1. The type and number of signs or s~gn structures. 2. The area per sign and dimensions of structures. o Three (3) certified copies of the site plan showing sign location, sign elevations and construction details, such as materials, colors, wind resistance requirements and structural details. In addition to the above, one (1) set of colored s~gn elevations with all copy shown in the type style to be used. Section 8. Signs Within Public Rights-of-Way and City Owned Property The foltowinz are the zeneral requkements for ~lacina s/mas within the public rights,of-way and on City owned property in order to announce public or not ~'or-profit events, activities, and/or programs: Purpose and intent. The purpose and intent of this section is to re~utate the placement of simas within public ri~hts-of-~vay and on Page 26 of 30 )NT:dnt S:\CA\Ordiuanceskl~DR Changesksign code revision for barm~rs-DT111301.doc _City owned property within the City in order to facilitate the announcement of public and/or not-for-profit events, activities, and/or pro,ams, and to insure the safety of residents and citizens with respect to the placement of signs ~xSthin the public rights-of-way ancl on City ow:ned property. Sign Program Within the CiW there are hereby desimmted certain corridors located along desimmted public fights-of-way in which signs may be l~Iaced, pursuam to the provisions of this Chapter, on CiW owned property or within the public right-of-way in order to announce specific public and/or not-for-profit events, activities and/or progran~s. Tlie corridors are as follows: Seacresr Boulevard from Woolbriaht Ec,-a!:¥m-d Road to Gateway Boulevard~ Woolbright Ec, u!eYard Road from Congress Avenue to the West end of the Intracoastal Bridge, East Ocean Avenue ~om Seacrest Boulevard east to the West end of the Intmcoastal Br/dge_, Conm'ess Avenue from GateYvay Boulevard south to Congress Conmmnit~/MSddle School, Bovnton Beach Boulevard from ~Vinchester Park Boulevard east to S.E. 6m Court. Federal Highxva¥ from Gateway Boulevard south to ~Voolbright Ba'a?:ardRoad, and Martin Luther King Boulevard firom Seacrest Boulevard east to Federal Highway.. Additionally, signs may be placed at the Bovnton Beach Tennis Center in order ro announce special events held at the Temfis Center. Within the designated corridors, vertical banner signs may only be placed on utility poles located withLn the public rights-of-way pursuant ro the following requirements: 1. The vertical banner signs may be placed on hardware ~t*sehed to the utility poles by the Citv's Public Works Department, after review and approval by the Development Department. 2. The vertical banner signs attached to utility poles may not exceed six (6) feet in height. 3. No portion of a vertical banner sign may be used to advertise a specific product or serwce. The barmer sign may. however, display the name or logo of the sponsor of the public or not- for-profit event, activity, and/or program or the event logo. Page 27 of 30 DNT:dnt 5:\CA\OrdinanceskLDR Changesksign code revision for banners-DT111301 .doc A public or not-/hr-profit event is an event sponsored by City or a community-based not-for-profit entity which shall be reviewed by the City's Development Department and approved bv City Council Resolution. Do City may place banners or other signs on ciW property in order to decorate or announce specific public and/or not-for-profit events activities and/or programs. Such signs shall be authorized by the Recreation Depaftment, require a building permit unless determined otherwise by the Buildin~ Official. and shall not be subject m area or duration limits provided within this chapter. Section 4. Conflicting Ordinances. prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to such confiict. Section 5. Severability. any section, sentence, clause, or phrase of this Ordinance is held to be invalid or r court of competent jutisdiction, then said holding shall in no way affect ' of the remaining portions of this Ordinance. Section 6. Inclusion in Code. is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that provisions of this Ordinance shall become and be made a pan of the CITY OF BEACH Code of Ordinances; and that the sections of this ordinance may be )r relettered and the word "ordinance" may be changed to "section," "article," or or phrase in order m accomplish such intentions. Page 28 of 30 ~:\CA\Ordinances\LDR Changes~sign code revision for bauners-DT111301.doc Section 7. Effective Date. this Ordinance slmll become effective thirty (30) calendar days after adoption by the City Commission. FIRST READING this~ day of~ 2001. Page 29 of 30 )NT:dnt S:\CA\OrdinanceskLDR Changes ~sign code revision for bann~rs-DT111301.doc SECOND, FINAL READING AND PASSAGE this q day of'[le~r, 2001. CITY OF BOYNTON BEACH, FLORIDA Commissioner Page 30 ot'30 )NT:dnt g:\CA\Ordinances\LDR Cbaugesksign code rev/sirm for bmmers-DT111301.doc