22-004 1
2 ORDINANCE NO. 22-004
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
6 FLORIDA AMENDING PART II CITY OF BOYNTON
7 BEACH'S CODE OF ORDINANCES; AMENDING CHAPTER
8 27 ENTITLED "ADVISORY BOARDS AND COMMITTEES";
9 ARTICLE II ENTITLED "BOYNTON BEACH ART
10 ADVISORY BOARD"; SECTION 27-24 ENTITLED "PURPOSE
11 AND DUTIES"; AMENDING SECTION 27-27 ENTITLED
12 "ART ADVISORY BOARD'S GUIDELINES AND
13 RECOMMENDATIONS"; AMENDING PART III LAND
14 DEVELOPMENT REGULATIONS; AMENDING CHAPTER 1
15 ENTITLED "GENERAL ADMINISTRATION"; ARTICLE II
16 ENTITLED "DEFINITIONS"; AMENDING CHAPTER 4
17 ENTITLED "SITE DEVELOPMENT STANDARDS";
18 CREATING ARTICLE XIV ENTITLED "MURAL
19 STANDARDS"; PROVIDING FOR CODIFICATION,
20 PROVIDING FOR CONFLICTS; PROVIDING FOR
21 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
22 DATE.
23
24 WHEREAS, City Staff periodically reviews the Land Development Regulations Code
25 of the City and makes recommendations to the City Commission to revise its Regulations; and
26 WHEREAS, the City Staff recommends that the City Commission there be a mural
27 standard section in the City's Land Development Regulations; and
28 WHEREAS, the City Staff recommends that the Art Advisory Board's powers and
29 duties be amended to include the authority to approve proposed murals; and
30 WHEREAS, the City Staff recommends that mural criteria is included in the Art in
31 Public Places Program guidelines; and
32 WHEREAS, City Staff has determined that this Ordinance is consistent with
33 the Comprehensive Plan, the Land Development Regulations and the Ordinances of the
34 City, and recommends approval of this Ordinance; and
35 WHEREAS, the City Commission of the City of Boynton Beach has considered the
36 recommendations and has determined that it is in the best interest of the citizens and
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37 residents of the City of Boynton Beach, Florida to approve the Ordinance to the City's Code
38 of Ordinances and Land Development Regulations as contained herein.
39 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
40 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
41 Section 1. The foregoing whereas clauses are true and correct and are now ratified
42 and confirmed by the City Commission.
43 Section 2. Part II, City of Boynton Beach's Code of Ordinances, Chapter 27
44 "Advisory Boards and Committees" are hereby amended as follows:
45 Chapter 27 Advisory Boards and Committees
46 Article II. Boynton Beach Art Advisory Board
47 Section 27-24. Purpose and duties.
48 (d) The Art Advisory Board shall have the following additional powers and duties:
49 ...
50 (5) Exercise their authority to approve, approve with conditions or disapprove proposed
51 installation of artwork including murals based on Art in Public Places Program Guidelines;
52 and
53 ...
54 Section 27-27.Art Advisory Board's guidelines and recommendations.
55 (b) Guidelines. The Art Advisory Board shall prepare and from time to time recommend to
56 the City Commission revisions to the Art in Public Places Program guidelines and make the
57 same available to the public, which shall provide guidance for program organization;
58 organizational governance and staffing responsibilities; procedures for project planning;
59 artist selection; art selection criteria; art placement criteria; mural criteria; donations; loans
60 and memorials; collection management; and administration of the public art fund.
61
62 Section 3. Part III, City of Boynton Beach's Land Development Regulations, Chapter 1
63 "Definitions" and Chapter 4 "Site Development Standards" are hereby amended as follows:
64 Chapter 1. General Administration
65 Article H.Definitions
66 ...
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67 MURAL - A work of art that is hand-painted image, hand-tiled mosaic, carved or etched
68 masonry, digitally printed image or digitally display system on the exterior surfaces of a
69 building or site - . . . , - •_ • - -- • -
70 enhances a large architectural unit. It must be designed for a specific space and serve the
71 Such mural is shell not a sign and shall not contain any-advertising or
72 other commercial message with brand name, product name, abbreviation thereof, company
73 or business name or logo, hashtag, trademark or brand imagery. er oth commercial
74 message.
75 ...
76 Chapter 4. Site Development Standards
77 Article XIV. Murals
78 a. Purpose. Murals, as defined in Chapter 1, Article II, are intended as works of art to
79 improve the value and aesthetic appearance of the city, contribute to community
80 identity and redevelopment, foster cultural identity and preserve history, and may be
81 used to enhance exterior walls, roofs, plaza, sidewalks and other surfaces that are
82 visible to the public, all the while respecting community standards.
83
84 b. Standards. Murals shall be a work of art as determined by the Art Advisory Board
85 and
86 fl Be resistant to weathering or vandalism; and
87 21 Be maintained in good condition without deterioration and unrepaired damage;
88 and
89 1) Be unaltered from the approved design; and
90 4) Does not directly or indirectly encourage violation of any federal, state, or local
91 law.
92
93 c. Review Process. Any proposed new mural or any proposed modification to an
94 existing mural shall be reviewed and approved by the Art Advisory Board for
95 compliance with the Art in Public Places guidelines for works of art prior to
96 installation on any building or property.
97
98 Section 4. Each and every other provision of the Land Development Regulations
99 not herein specifically amended, shall remain in full force and effect as originally adopted.
100 Section 5. All laws and ordinances applying to the City of Boynton Beach in
101 conflict with any provisions of this ordinance are hereby repealed.
102 Section 6. Should any section or provision of this Ordinance or any portion
103 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
104 affect the remainder of this Ordinance.
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105 Section 7. Authority is hereby given to codify this Ordinance.
106 Section 8. This Ordinance shall become effective immediately.
107 FIRST READING this )'� day of2022.
108 SECOND, FINAL READING AND PASSAGE this I day of __rvu ,
109 2022.
110 CITY OF BOYNTON BEACH, FLORIDA
111 YES NO
112
113 Mayor— Steven B. Grant
114
115 Vice Mayor—Woodrow L. Hay
116
117 Commissioner—Justin Katz
118
119 Commissioner—Christina L. Romelus AITViel
120
121 Commissioner—Ty Penserga
122
123 VOTE -D
124
125 ATTEST:
126
127
128
4J4 Avh,
129 Csial Gibson, MMC
130 City Clerk
131
132
133 (Corporate Seal)
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