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Ord 63-04 ~ ---~- ORDINANCE NO. 63-04 AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AMENDING ORDINANCE 14-04 BY AMENDING SECTION 3, APPENDIX "A", "SIGN", TO PROVIDE A MORE DETAILED DEFINITION OF "SIGN"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has detennined it to be in the public's best interest to establish reasonable regulations for the posting of signs on public and private property in order to prevent safety hazards and protect property values; and WHEREAS, the City Commission of the City of Delray each, Florida, desires to provide an accurate and concise definition of signs within its code of ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 3. That Appendix "A", of the Land Development Regulations of the City of I Delray Beach, Florida, be amended as follows: SIGN: Any device, structure. fixture. object or placard using graphics, symbols or written copy designed to advertise. provide direction to. or identify an establishment, product, goods or semces. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. ~ - - ~D ADOPTED in regular session on second and fínal reading on this \~d.y of , 2004. ~RZ ~ ATTEST: ~~.~ CITI CLERK First Reading \~ \~ Second Reading \\\~\.n \~ 2 ORD NO.63 -04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITI MANAGER ~1 SUBJECT: AGENDA ITEM # \0<':,.. REGULAR MEETING OF NOVEMBER 16. 2004 ORDINANCE NO. 63-04 DATE: NOVEMBER 12,2004 This Ordinance is before City Commission for second reading and public hearing to amend Land Development Regulations (LDR), Appendix "A", "Definitions", to provide a more detailed definition of "Sign". At the first reading on November 2, 2004, the Commission passed Ordinance No. 63-04. Recommend approval of Ordinance No. 63-04 on second and final reading. s.\c.ty Clerk\agenda memos.Ord 63 04 Defirul10n ofStgn 11.16 04 01< . I (/\ CITYCOMMI,SSIONDOCUMENTATION I TO: THRU: OF PLANNING AND ZONING FROM: LO, ASSIST ANT PLANNING DIRECTOR SUBJECT: MEETING OF NOVEMBER 2, 2004 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS (LDRS) REGARDING THE DEFINITION OF "SIGN". J BACKGROUND I At its meeting of June 22, 2004, the City Commission approved an amendment to the Land Development Regulations, which updated the City's sign regulations. On August 17, 2004, the City Commission approved an amendment to the Land Development Regulations to establish regulations regarding ground signs. The proposed text amendment is to provide a more accurate and precise definition of sign. 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. As noted previously, this amendment is being initiated more for clarification than to fulfill any specific Comprehensive Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. I PLANNING AND ZONING BOARD CONSIDERATION I The Planning and Zoning Board held a public hearing regarding this item at its meeting of October 18, 2004. There was no public testimony in opposition to the proposed text amendment. After discussing the amendment, the Board voted 6-0 (Krall absent) to recommend to the City Commission approval of the proposed amendment to Appendix "A" of the Land Development Regulations regarding the definition of "Sign", 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. I RECOMMENDED ACTION I By motion, move to approve the amendment to Appendix "A" of the Land Development Regulations regarding the definition of "Sign", 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, with second reading to occur on November 16,2004. Attachment: Proposed Ordinance \~C- . . ORDINANCE NO. 63-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04 BY AMENDING SECTION 3, APPENDIX "A", "SIGN", TO PROVIDE A MORE DETAILED DEFINITION OF "SIGN"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations for the posting of signs on public and private property in order to prevent safety hazards and protect property values; and WHEREAS, the City Commission of the City of Delray each, Florida, desires to provide an accurate and concise definition of signs within its code of ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 3. That Appendix "A", of the Land Development Regulations of the City of Delray Beach, Florida, be amended as follows: SIGN: Any device, structure, fixture. object or placard using graphics, symbols or written copy designed to advertise, provide direction to, or identify an establishment, product, goods or services. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. · ~ PASSED AND ADOPTED in regular session on second and final reading on this _ day of ,2004. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD NO.53 -04 e C'. (] tlAP ( ðJtA-(,. ( 11<¥ ) ~ (1/1"lol{ a. t}ú'do- 32 Boca RatonJOelray Beach News - Thursday. November 4/Fnday, November 5.2004· WWW.bocaratonnews.com --ŒÐ-- LEGAL NOTICES any mailer COOSIdefed at 1heSO near- ings. su:h _ may need to eosure Ihat a VOfba1Im reconl_1I1e tes- ::1' and evidonœ upon which the ap IS to be based The CIty does 001 provIIe oor prepare su:h reootd Pwsuant tD F S 286 0105 100 CITY Of DElRAY BEACH CÞeveIIe 0 -. ANNOUNCEMENTS Ac1Jng CI.y CIe<I< --ŒÐ-- PUBUSIt T!Iws. _... 2004 Boca Ra1DnIDetIaY Beach News Ad #118180 UGAL NOTICES ern Of IlU.llAT IIUQI, fLUIUU& _Of__ A PUBLIC HlARliIIG.... be hekl 00 !he :~~~~7~ 2004 or at any continuation 01 such rneeIInI - is set by !he Commos- S«>ß). .. !he ~ Cornmossi<m Cham- ber.;. 100 N. 1st Avenue. De\fay Beach. Ronda. at Yoi1o:h time !he CIty Comnussoon wiN COI1SIder Il10n adop- ~~oo;:':.~CIty~ at Cky Hall. 100 N W 1st Avenue, Del- ~ Beach, AoI1da. be1weef111te houlS 800 am and 500 pm. M~ through Fnday, eJ<œPI holidays lf1Ieresled partIeS are mvI1ed to attend and be heard with respect tD the pnr- posed onlmances ORDINANCE NO. 62-64 ! AN ORDINANCE Of mE CITY COM- MISSION OF TIlE CITY Of OEUlAY BEAai. flORIDA. AMENDING mE lANO DEVELOPMENT REGULATIONS Of THE COOE'Of OROINAOCES OF mE CITY OF DElRAY BEACH, flORI- OA. BY AMfNOING ARTIClE 1 3, "NONCONFORMING USES. LOTS, AND STRUCTURES", SECTION 1 36, ~~R~EP~~ I TO NONCONFORMING HISTORIC STRUCTURES TO EXCEED THE AN/oIUAL MAXIMUM THRESHOlDS LlSTl:O FOR NONCONFORMING STRUCTURES, PROVIDING A SAV- INGS ClAUSE. A GENERAl REPEAL- ER CLAUSE, AND MI EFÆCTIVE OATI: -.:END._ AN ORDINANCE Of TIiE CITY COM- MISSION Of THE CITY Of DE\..RAY BEACH, flORIDA, AMENDING (R{)- NANCE 14« BY AMENOING SEC- TION 3, _01)( "A", "SIGN". TO PROVIDE A MORE DErAILED DEflNI- =~=-~':¡ I ClAUSE. AHO AN B'fECTIVE DATE. I Please be advised thai " . peISOII _ tD appeal any decision made by 1he CiIy CommISsIon willi res¡>ed 10