Ord 53-09ORDINANCE NO. 53-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS BY AMENDING
SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7{H}{10}{b},
"SPONSORSHIP SIGNS", IN ORDER TO PROVIDE
STANDARDS FOR SAME; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 21, 2049 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.31?4{4}{c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Coinrnission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Conunissian of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.6.7, "Signs", Subsection 4.6.7{H}{IO}{b}, "Sponsorship Signs",
of the Land Development Regulations of the City of Dekay Beach, Florida, are hereby amended to
read as follows:
{b} Sponsorship Signs
1. Sponsorship signs may be attached to the inside face of the aut€teld
fence surrounding the field at any ~Il s orts field within the Ciry so
long as the advertising on the signs is nod visible outside of the sports
field area. ~4°~ "~°°~~ ' `* ea~~:~e~tr:
~: 2. Each sponsorship sign shall not exceed thirty-two square feet (~2 sq.
ft.).
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~r~~~ PASSE A D ADOPTED in regular
~J ! day of ~,,,__, 2009.
session on second and final reading on this the
MAYO
ATTEST
City clerk
First Readiri ~"
Second Readin
~ OItD.1~rO. s3-ag
Page 1 of 1
.~,
~~~;$:
~.~
MEMORANDUM
TO: Mayor and City Commissioners
FRAM: David T. Harden, City Manager
DATE: October 13, 2009
SUBJECT: AGENDA ITEM 10 H, -REGULAR COMMISSION MEETING OF OCTOBER 2Q 2QQ9
ORDINANCE N0.53-Q4 (SECOND READINGJSECOND PUBLIC HEARINGI
ITEM BEFO~tE COMMISSION
This ordinance is before Commission for second reading and second public hearing to consider a city
initiated amendment to the Land Development Regulations (LDR} Section 4.6,7, "Signs", Subsection
4.6.7(H}(10}(b}, "Sponsorship Signs", providing and clarifying related standards.
BACKGROUND
At the first reading on October 6, 2009, the Cornrnission passed Ordinance No. 53-09.
RECOMMENDATION
Recommend approval of Ordinance No, 53-09 on second and final reading.
http:llmiweb0011Agendasll3luesheet.aspx?ItemID=2727~MeetinglD=222 10/21 J2009
ORDINANCE N0.53-09
AN ORDINAN~ OF THE CITY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, .A~IvIENDING THE
LAND DEVELOPMENT REGULATIONS BY AMENDING
SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7{H){10){b),
"SPONSORSHIP SIGNS", IN ORDER TO PROVIDE
STI~NDARDS FOR SAlV1E; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the PI<~r~rriurrg and Zoning Board reviewed the
proposed text arrierrdrnent at a public hearing held on Sc~rtember 21, 2009 and voted 7 to 0 to
recomrneitd that the cha~~es be approved; and
WHlEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plaru-urZg and Zoning Board,
sitting as the Local Plaru~ing Agency, has determined. that the change is con~:~tent with and fruthers
the goals, objectives and policies of the Corz~~relrensive Plan; and
U~ RE AS, the City Concunission of the City of Delray Beach a~pts the findings in the
P1~~ruling and Zoning Staff Report; and
V'V]~REAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Can~~rehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY TI-~ QTY COl~?IMISSION OF TI-IE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
tian 1. That Section 4.6.7, "Signs", Subsection 4,6.7{TI}{10)(b), "Sponsorhip Signs,',
of the Land Development Reg~Iations of the City of Delray Be~ac~h, Florida, are hereby any rdeci to
read as follows:
(b) Sponsorship Signs
Sponsorship signs maybe attached to the inside face of the etld
fence surrounding_the field at any ball. S~Orts field within the City so
~: 2. Each sponsorship sign shall not exceed tliiriy-two square feet (32 sq.
ft.),
Section 2. That should any section or provision of tl~iis ordinance or any portion thereof,
any paragraph, sentence, or ward be decl~~red by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the n=rnairidar hereof as a whole or part thereof other
than the part declared to be invalid
Section 3, That all ordinances or p~ of ordinances in conflicf herewith be, and the
same are hereby repealed.
Section 4. That this ox~~nce shall become effective imra~diately upon its passage on
second and final reading.
PASSED AND ADOPTED in regrilar session on second and final. reading on this the
day of , 20019.
ATTES'T'
MAYOR
City Qerk
First Reading
Second Reading
~ oRD, No. s3-09
Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: September 30, 2009
SUBJECT: AGENDA ITEM ] O.D. - REGLTLAR COMMISSION MEETING OF OCTOBER 6.2009
ORDINANCE N0.53-09 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations (LDRs), Section
4.6.7 (H)(10)(b), "Sponsorship Signs", to provide and clarify the related standards for sponsorship
signs.
BACKGROUND
Last year, during the merger negotiations of the two Little League organizations operating within the
City of Delray Beach into one organization, the difficulties of maintaining and adequately funding the
associated budget was highlighted. Since sponsorship and related advertising opportunities at the ball
fields themselves provide a unique opportunity to creatively generate this needed revenue, the City
amended the sign code to add regulations for "Sponsorship Signs." The amendment, which allows the
signs to the installed on the outfield fence of any ball field from March 1st through December 1st of
each year, was approved by the City Commission on April 1, 2008 via Ordinance No. 13-08.
The proposed amendment to Section 4.6.7 (H)(10)(b) "Sponsorship Signs", will allow sponsorship
signs to be placed on the fences surrounding any sports fields within the city as long as the advertising
is not visible outside the sports field area. This will allow organizations of other sports, such as soccer
and football to also take advantage of this opportunity to raise revenue. Since these other sports have
different seasons than little league baseball, the date restriction has also been removed.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The
Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law
contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. No one from the
public spoke on this item.
http://miweb001 /AgendasBluesheet.aspx?ItemID=2681 &MeetingID=220 10/13/2009
Page 2 of 2
REC4MMENDATIC}N
By motion, approve on first reading Ordinance No. 53-09 far aCity-initiated amendment to the Land
Development Regulations as reflected in the attached ordinance, by adapting the findings of fact and
law contained in the staff report and finding that the amendment is consistent with the Comprehensive
Plan and meets criteria set faith in Section 2.4.5{M) of the Land Development Regulations.
http:i/miweb0011AgendaslBluesheet.aspx`?IternID=2b81 &IvleetingID=220 10113/2009
PLANNING AND'ZONING°BOARD STAFF REPORT
MEETING DATE: SEPTEMBER 21, 2049
AGENDA NO: IV. F
AGENDA ITEM: AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION
4.6.7 "SIGNS", SUBSECTION 4.6.7(H}(14){b) "SPONSORSHIP
SIGNS", PROVIDING AND CLARIFYING RELATED STANDARDS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations (LDRs) to
Section 4.6,7 {H}(10}{b) "Sponsorship Signs", pursuant to LDR Section 2,4.5(M).
Pursuant to Section 1.1.6(A}, an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND AND ANALYSIS
Last year, during the merger negotiations of the two Little League organizations operating within
the City of Delray Beach into one organization, the difficulties of maintaining and adequately
funding the associated budget was highlighted. Since sponsorship and related advertising
opportunities at the ball fields themselves provide a unique opportunity to creatively generate
this needed revenue, the Gity amended the sign code to add regulations for "Sponsorship
Signs." The amendment, which allows the signs to the installed on the outfield fence of any Bali
field from March 1s` through December 1St of each year, was approved by the City Commission
on April 1, 2408 via Ordinance No. 13-08.
The proposed amendment to Section 4.6.7 (H)(10}{b) "Sponsorship Signs", will allow
sponsorship signs to be placed on the fences surrounding any sports fields within the city as
long as the advertising is not visible outside the sports field area. This will allow organizations
for other sparks, such as soccer and football to also take advantage of this opportunity to raise
revenue, Since these other sports have different seasons than little league baseball, the date
restriction has also been removed.
Pursuant to LDR Section 2.4.5{M}{5}, approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan, While the amendment does not specifically further the Goals,
Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
. RECOMMENDED-ACTION
By motion, recommend to the City Commission approval of the amendment to the Land
Development Regulations Section 4.6.7 "Signs", Subsection 4,6,7(H){1U}{b} "Sponsorship
Signs" to provide and clarify the related, by adopting the findings of fact and law contained in the
staff report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5{M} of the Land Development Regulations.
Attachment:
^ Proposed Ordinance
`,-'
.. -•N
~n '
rg~o}
;h
U
o
o~
~,~
G
•
~ u
~~~1
.;pder,.
~V W:
:. ~ 1
z'
V
~ -
~t ea:. -
.1 i ' '.:
N0."4~31652R
CbTY O~ DEtRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
D EVELOPMENT, REGU LATION S
Tno Cily Commission ~t tf•:n City of Deb cry ilo-:~ch, FIoC,ra, pro?osos fu adoL;f the
Q~PJ~9-NCP_ NR. 41-44
AN ORDINANCE O~''~HE Cf[Y COMMISSfQN C. THE O*Y ~~ uFl5Z6+i
~, f~LAC}l, FLORIDA, AMENDIN~v ~jHE LAND GEVELvf"r1 NT RcuULA1:;Nc
OF il;E. CiEI' OF.;GE'~RAY BFACE'1, PY ArrrNC:NG Sr~CT~ViJ 4:49{Gl,
°$U} a '.4LNL'~L CIS'''k-i REGU[A7tONS, cU3~~C ;(.~ti 131, "FJL!k
CORNERS>bVERIAYDI5TRIGT";SUB-5U85ECT1E-t~ Ej,"STt~iJ ~,;hC~UN1C~UE
'7O 1HE FQULZ CORNERS OVERLAY. DISTRIG7" TO i'?V~I;;E T`-i~;r CERTAIN
AREAS AREELIG,BLE 70rBE,COUNTEDTOVJARD Tf IE O ~FN Si'~1Ck CScDII;
PRO`I'^N~~-r; SAVI~G~'"LAUSf..4 GPNE°.ALFcr~t.lER CEP_USE; N,ND~N
FFFCT:Vf DATE.
okpmaN_ E r Q.~~D4
AN :,PDNAhJ~ f" OF T}1F CITY cc,'~'~IbSIOCJC` THE C'~Tl' OF UEJ:A'L
BEACH, FLdRIDA,'YAMENDING 7NE LAND': pE`JECGP.ti^.E^:T REG.;L~,7b~NS
QF:THE GITY OF DELRAY BEACH, B`f AMENDING SEC'!C>i'~ ~ 3 J; 'tiPlCIQL ;;
,_~ kEQU1REMEN75, FOR 5PECIFIC~~US~S", 8Y ENACTINGSUBSECTIOtV`~~ll[ll;' 1~~
_'MEDICAL COFF!CF5"°, iQ PRC)V1DE ~EOR '=CIA~IF~CAIION REGARDING ~~
~T}1E DISPENSING Ut F.'ARCCs71C~:DRUGS;,AM~NDINCsAPPENCSIX•"A"~Tv
PROVIDE FQR DFFIPdITIONS REIATEl7~'fO~TN~ "REGUTAII~JN bFMEDlCA1;
~~ dfFICES; )'RU41L`INGA SAVING.GLAUSC, AGkt`1FftAl RtFc'~irk CLAUSE.
~=' 'AND At`1 EffECiIVE DAZE
bRDj_NA~y~f~0,_5~44,
AN ~'.DLRAi~CG GF Tr'EQTY_i,Oh4'tr.;55;~'= t~.F i~l~ ~.~lif CF CELRAY
G~ACH;~FLORIDA,<A1vtENDING-.THE LAND DEVELC~i'h`~FNI KcC;4J~,i JNS
;3Y' ~i~hENDENG SECTION 4.6.7;'SIGNS"-; SUBSEC[ O"J a 6 ?Ir1!I ta!~t;l;~
'~Fi~tiSOr<:S~il2SIGNS,", IN ORDER70PROVID! ST,4NDARDS FORSVJ~~;
'ROVi!) L"~ ~ A SAU1~lCrCIAUSE,A GE"`FRA,L REFE,u:EF: CLAU` e, ,AND AN
Ftc:CilVf i),ATF
l70 _iy Comm <<,or ~,ci~l ~u_Y fir.; 12)~ Feb ~ h^_a-tnq; inr Ilio purpose
of accepiin~:~ublEc~LeSlimony ;rega~dmp:ti5e or pos,xl crd;riances Tha fir;,;
public Hearing wilbbo- ~Id pn T~1~Sp~I~3~QBER~<_2049 AT Z;44 P.M. in ~~"
theCommission Chambers pt City ;Hall, 100 N W. 1" Avcrnoo, Delray Boesch, _
Florido" {f tfi~p~~ nsc~dar~~nancc~s ~ssxl en first readirp, ~ soco ~d Fst:;!ic
F'zar~n~ will be ne~ enl,UESApT Pd2~R~412042A77:4P P.M. i~ u any ,
:ntinuationof:ucftmgc!in~whiclti$;albyihornmmi'.Sia~~;ir1_Iho~e'limiss-on
Ch,urnbors ut Ghy Hcl, 100 1v W_ 1'' A~eriu~i Cx I ry I?ce~ch hlnnda'
All inter eskx(af.ieru on, i°amd. '~ ofinnU.ffre public ~ne7rii,gs !r~u~a;mn'c~~t
ux~n llw crotris~d or.~iri~n_o or su~md t~i~ir ~ommc~~liin wiling pn cr Lcr`or@
'hodc~fa of ;heir= ~:r~nn(rs to the P~~onn ng and Lvning_~.CE."a `f'n Eat Fer (urt^.or
irfomi_iliVn o- ro ~'t~iu~n a `ry cf II'9 F~opescrj c.rc~inoiico, p~eusci.~~ ~ lau tl~.e
P!annuq ana7_c~it'~~.~ox:rlrrent:Cfy~Na'L~1C~_N-`.N~ A~ence~,~Cjatiry
Beac °,or~ a 334-0~ ;arr~ai Uf pzrrd 1s1Ty?i%~:~sh.CS [na'.cr E;y co iinL
561'«4~-?04C} Jat`vv:?ri f`n l•~ers c' R:C~ a.ro, and S.OUpn-, fv~:~'.doy
!h~o',,a{ Frid~ry, d~di-~ ~c d:.ys.
P`eeua Fns au'visrd •,b~t r a peeson'deeldes ro ap s:rl anyd~~r,oii mci~ ~y the
ity CC:nmisscsi w'fh .expect to affy:,RSgLfAr coraidered at tLiose ~~dro r,ngi, wch
perk i r~oyna;d to ersu~ r ~f 0 ve[bafim me rd ino.,; rtes iFe h~it~.monv arul
n~;;leredLCCn"~;rf~ieh 1hn a~aeol ist0 bebasod The City due-s nvt F,ravho nor
prepu~c xn h rocordpuCJant`~ E5. 286.0105-
CfiYuF DELIL~YBrr.CH
- . ~l.lx»el~e D,.1~.4.~l,in: fhi~
,.~ CifyClerr
PUB: The Palm Beach Posfi
`, September 29; & October 15, 2t~U9