Res No. 152-19RESOLUTION NO. 152-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING THAT THE CITY OF
DELRAY BEACH IS CONSIDERING AMENDMENTS TO THE
CITY'S LAND DEVELOPMENT REGULA TIO NS (LDR) WITH
RESPECT TO MURALS; INVOKING THE ZONING IN PROGRESS
DOCTRINE WITH RESPECT TO THE CITY'S LDR'S; PROVIDING
THAT, FROM AUGUST 20, 2019 AND DURING THE PENDEN CY
OF THE CITY'S CONSIDERATION OF THE NEW LDR
AMENDMENTS, THE CITY WILL DEFER THE PROCESSING AND
APPROVAL OF ALL APPLICATIONS FOR MURALS INCONSISTENT
WITH THE LDR'S; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida ("City") has been actively engaged in the process of
undertaking a review and update of the existing Land Development Regulations (LDRs) with respect
regulations regarding large paintings or drawings affixed to the wall of a building located in commercially zoned
districts ("murals"); and
WHEREAS, as a result of the legal precedents concerning a municipality's ability to regulate murals, the
City is conducting a review of the subject matter and its LDRs with respect to adopting the appropriate
regulations and zoning rules to the existing LDRs; and
WHEREAS, in accordance with these considerations, the City of Delray Beach Department of
Development Services ("Department") will be proposing amendments to the City's LDRs with respect to this
subject matter; and
WHEREAS, all persons or entities that desire to submit an application with respect to murals, as
defined in the LDRs, are on notice that the City is considering the adoption of amended LDRs with respect to
this subject matter, and that this subject matter should be considered zoning in progress; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals above are true and correct and incorporated into the findings of this
Resolution as if set forth in full herein.
Section 2. Zoning in Progress. That pursuant to the pending ordinance doctrine and Florida law,
the City Commission hereby acknowledges that the City of Delray Beach commenced preparing and
considering the adoption of ordinance amendments to the LDRs with respect to murals within the City.
Section 3. That the City process currently ongoing and in effect with regard to the creation,
development and consideration of amended LDRs for this subject matter constitutes zoning in progress.
Section 4. That the acceptance and processing of applications, permits, or any other approvals for
large paintings or drawings affixed to the wall of a building located in comm ercially zoned districts ("murals")
shall be deferred from consideration by the City until the ending as set forth in Section 5 below.
Section S. That this zoning in progress shall remain in effect until new or amended LDRs are
adopted by the City Commi ssion with respect to this subject matter or until the passage of 180 days, whichever
occurs first. This policy may be extended by Resolution of the City Commi ssion for additional periods of time
in order to complete the tasks outlined herein.
Section 6. That this Resolution shall become effective imm ediately upon its passage.
_11'1~ e ay Beach, Florida, this ~ WSED AND ADOPTED by the City Co
day of~~ s±, , 2019.
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RES. NO. 152-19