Ord 34-08ORDINANCE NO. 34-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.6.7, "SIGNS",
SUBSECTION (H), "EXEMPT SIGNS", SUB-SUBSECTION (10),
"TEMPORARY SIGNS", TO CLARIFY WHEN TEMPORARY NON-
COMMERCIAL SIGNS PLACED ON THE PUBLIC RIGHT-OF-WAY
OR ON PRIVATE PROPERTY REQUIRE THE OWNER'S
PERMISSION; 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 July 21, 2008, and voted 4 to 0 to recommend that the changes be
approved; and
WHEREAS, pursuant to Florida Statute 163.3174(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 Commission of the Ciry of Dekay Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the Ciry Commission 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 the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.7, "Signs", Subsection (H), "Exempt Signs", Sub-Subsection (10),
"Temporary Signs", of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
(10) Temporary Signs:
(a) Temporary Non-Commercial Signs
1. Temporary non-commercial signs may be placed on public rights-of-ways
contiguous to private property with the adjacent private property owner's
2. Each temporary non-commercial sign within a public right-of--way shall .
be removed within ten (10) days after the date of event, election or
referendum. If said signs are not removed prior to the expiration of the
ten (10) day period, the sign shall constitute an abandoned sign and the
City shall remove the sign.
Temporary non-commercial signs are permitted on private property with
the owner's permission; however, ono temporary non-commercial sign
shall exceed twelve square feet (12 sq. ft.) per sign face in area on any
private lot or parcel.. Signs may not be placed in a location that
constitutes a safety hazard or hindrance to pedestrian or vehicular
traffic.
4. Any temporary non-commercial sign in the public right-of--way shall not
exceed three square feet (3 sq. ft.). No temporary non-commercial sign
shall be placed on any public property ,(non right-of--way). Signs may
not be placed in a location that constitutes a safety hazard or hindrance
to pedestrian or vehicular traffic.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on second and
final reading.
D AND ADOPTED in re ular session on second and final readin on this the~~a of
PASSE g g y
_ , 2008.
ATTEST ~\` w~
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City Clerk
First Readin ~ ~ ~~
Second Readin ~ `-' O
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MAYOR
ORD. NO. 34-08
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: August 12, 2008
SUBJECT: AGENDA_ITEM_10.8._- REGULAR.COMMIS$lON MEI/TING OF AUGUST_19,.2008
ORDINANCE NO, 34_-08 (SECOND.RIJADING/SECOND PUBLIC BEARING)
ITEM: BEFORE COMMISSION.
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to the Land Development Regulations (LDR) amending Section 4.6.7, "Signs", Subsection
(H), "Exempt Signs", Sub-subsection (10), "Temporary. Signs", to clarify when temporary non-
commercial signs placed on the public right-of--way or on private property require the owner's
permission..
BACKGROUND
At the first reading on August 5, 2008, the Commission passed Ordinance No. 34-08.
RECOMMENDATION
Recommend approval of Ordinance No. 34-08 on second and final reading.
http://miweb001 /CouncilAgenda/Bluesheet.aspx?Item1D=1351 &MeetingID=150
9/17/2008
ORDINANCE NO. 34-08
AN ORDINANCE OF 1"HE CITY COMMISSION OF THI? CITY OF
DL='LRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING- SECTION 4.6.7, "SIGNS",
SUBSECTION (H), "EIEMPT SIGNS", SUB-SUBSECTION (10),
"TEMPORARY SIGNS", TO CLARIFY ~JIIEN TEMPORARY NON-
COMMERCIAL SIGNS PL ACED ON THE PUBLIC RIGHT-OF-WAY
OR ON PRIVATI=. 1?ROI?ER1"Y REQUIRE THE OWNER'S
l?ERMTSSION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pu.rsua.nt to LDR Section 1.1.6, the Planning and 7otvng Board reviewed the proposed
felt amendment at a public .hearing held on July 21, 2008, and voted 4 to 0 to recommend drat the changes be
approved; and
~X~I-IER]~AS, pursuant to Florida Statute 163.3174(4)(c), the Planning and %oning Board, sitting as the
L ocal 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 Commission of the City of Delray Beach adopts the findings in the Planning and
Toning Staff Report; and
~XIHEREAS, the City Commission of the Cit}~ of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan.
NOW, THI~REFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. '1""hat Section 4.6.7, "Signs", Subsection (H), "Exempt Signs", Sub-Subsection (10),
"Temporary Signs", of the Land Development Regulations of the Code of Ordinances of the Cit)~ of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
(10) Temporary Signs:
(a) Temporary Non-Commercial Signs
Temporary non-commercial signs may be placed on public rights-of--ways.
contiguous to private property with the adjacent private property owner's
permission. Such signs shall not be placed in medians or on portions of rights-
of-way contiguous to publicly owned property.
2. Each temporary non-commercial sign within a public right-of-way shall
be removed within ten (10) days after the date of event, election or
referendum. If said signs are not removed prior to the expiration of the
ten (10) day period, the sign shall constitute an abandoned sign and the
City shall remove the sign.
3. Temporar}= non-commercial signs are permitted on private propert =
the owner's permission; however, N?no temporary non-commercial. sign
shall exceed twelve square feet (12 sq. ft.) per. sign face in area on any
private lot or parcel. Signs may not be placed in a location that
constitutes a safety hazard or hindrance to pedestrian or vehicular
traffic.
4. Any temporary non-commercial sign in the public right-of--way shall not
exceed three square feet (3 sq. ft.). No temporary non-commercial sign
shall be placed on any public property (non right-of-wa},~). Signs may
not be placed in a location that constitutes a safety hazard or hindrance
to pedestrian or vehicular traffic.
Section .3. 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 im=alid, such decision shall
not affect the validit}J of the remainder hereof as a whole or part thereof other. than the part declared to be
invalid.
Section 4. That al] ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That this ordinance shall. become effective immediately upon its passage on second and
final reading.
PASSED AND ADOI'TFD in .regula.r session on second and final reading on this the day of
2008.
AT"1 F ST
Cit}= Cleric
first Re
MAYOR
2 ORD. NO. 34-08
Second Reading
MEMORANDUM
TO: Mayor and City Commissioners
FROM.: Mark McDonnell, AICP, Assistant Director Planning & Zoning
Paul Dorling, AICP, Directror Planning & Zoning
THROUGH: David T. Harden, City Manager
.DATE: July 30, 2008
SUBJECT: AGENDA 1TEM_1_O.F.__REGULAR COM_MLSSION MEETING OF__AUCUST 5, 2008
ORDINAN.CE_NO. 34_08 (FIRST.REAll1NG/FIRST PUBLIC NEARING)
ITEM. BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations that clarifies when
temporary signs must gain permission from private property owners.
BACKGROUND
Temporary non-commercial signs are cun•ently allowed in public rights-of--way. This proposed
ordinance requires that permission from the adjacent private property owner first be obtained. Further,
clarification is included to allow temporary non-commercial signs on private property so long as the
property owner's permission is obtained.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on July 21, 2008. The Board
unanimously reconnnended approval on a 4 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.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 34-08 for aCity-initiated amendment to the Land
Development Regulations as reflected in the attached ordinance, 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.
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: JULY 21, 2008
AGENDA NO: IV.G.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.6.7,
"SIGNS" TO CLARIFY WHEN TEMPORARY NON-COMMERCIAL SIGNS
PLACED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY
REQUIRE THE OWNER'S PERMISSION.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations (LDRs) that clarifies when temporary signs
must gain permission from private property owners.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ANALYSIS
Temporary non-commercial signs are currently allowed in public rights-of-way. This proposed
ordinance requires that permission from the adjacent private property owner first be obtained.
Further, clarification is included to allow temporary. non-commercial signs on private property so
long as the property owner's permission is obtained.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
While no specific goal or objective directly addresses the specifics of where businesses should be
conducted, the amendment would not be inconsistent with the Comprehensive Plan.
REVIEW BY.OTHERS -
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
Planning and Zoning Board Meeting, July 21, 2008
LDR Amendment -Temporary Non-commercial signs
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.6.7, "Signs," by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M).
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.6.7, "Signs," by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is not
consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section
2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 4.6.7,
"Signs," by adopting the findings of fact and law contained in the staff report, and finding that the
text amendment and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5(M).
attachment:
• proposed ordinance
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-CITY-OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO
CLARIFYWHEN TEMPORARY
NON-COMMERCIAL SIGNS PLACED
ON THE PUBLIC RIGHT-OF-WAY OR
ON PRIVATE PROPERTY REQUIRE
THE OWNER'S PERMISSION
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following ordinance:
ORDINANCE N0.34.68
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.7, °SIGNS°,
SUBSECTION {H), °EXEMPT SIGNS", SUB-SUBSECTION (10), "TEMPO-
RARY SIGNS°, TO CLARIFY WHEN TEMPORARY NON-COMMERCIAL
SIGNS PLACED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE
PROPERTY REQUIRE THE OWNER'S PERMISSION; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND.AN EFFECTIVE
DATE.
The City Commission will conduct two {2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first•Public
Hearing will be held on TUESDAY AUGUST 5. 2008 AT 7;00 P.M. in the-
Commission Chambers at City Hall, 10 0 N.W. 1st Avenue; Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a second Public
Hearing will be held on Tt~~$OAY AUGUST 19 2008 AT 7:00 P.M. (oral any
continuation of such meeting which is set by the Commission} in the Commis-
sinrrChambers atCity Hall, i00 N.W. tst Avenue, Delray Beach, Florida.
NI interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or before
the date of these hearings to the Planning and Zoning Department. For further
information or to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 33444 {email at pzmail@mydelraybeach.com) or by calling
5611243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
Please be advised thai'rf a person decides to appeal any decision made by the
Gity Commission with respect to any matter considered at these hearings, such
person may need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is to be based. The City does not provide nor
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle 0. Nubin, CMC
City Cierk
PUBLISH: Monday, July 28, 2008
Tuesday, August 12, 2008
Boca RatonlDelray Beach News