45-95 ORDINANCE NO. 45-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10,
"AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION
4.4.10(G)(5)(0), OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY
RESTRICTIONS ON SIGNS AND OTHER DISPLAYS ON VEHICLES
IN THE AUTOMOTIVE COMMERCIAL ZONING DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of July 17,
1995, and has forwarded the change with a recommendation of approval
by a vote of 6 to 0; 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
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning Districts", Section 4.4.10, "Automotive Commercial
(AC) District", Subsection 4.4.10(G)(5), "Use and Operating
Restrictions", subparagraph 4.4.10(G)(5)(c), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(c) Other than information which is required .by law
to be posted on vehicles displayed on a sticker
affixe~ to a side window, N~ advertising, flags,
~¢~ /~] pennants, streamers, balloons,
signs ~/~/~¢~¢~¢~/~¢¢~ or vehicle stock
numbers ]/~/~¢~ /$~~/~/~¢~¢~/~/~¢
be displayed on any vehicle or equipment.
~#imilar objects, gimmicks, or advertising
designed to attract the public's attention
~~¢ shall not be displayed outdoors/ /~
~ on any lot. building, vehicle,
or equipment e~cept
permitted by Section 4.6,7,
~ That all ordinances or parts of ordinances in
conflict'herewith be, and the same are hereby repealed.
~[~l_t~[.~l~..~ 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 affe,t the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
~..~ff.L[~'[.~.~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of September . , 1995.
ATTEST:
~ci£y Cl~rk
First Reading August 8~ 1995
Second Reading September 5t 1995
- 2 - Ord. No. 45-95
M E M 0 R A N D.U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~O.~. - MEETING OF SEPTEMBER 5, 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NQ, .45-95
(ADVERTISING RESTRICTIONS ON VEHICLES IN THE AUTOMOTIVE
COMMERCIAL DISTRICT)
DATE: SEPTEMBER 1, 1995
This is second and final reading for Ordinance No. 45-95 which
amends Section 4.4.10(G)(5)(c) of the Land Development Regulations
by clarifying restrictions on signs and other displays on vehicles
in the AC (Automotive Commercial) zoning district. The current
regulations are difficult to understand and may be in conflict with
other LDR provisions regarding display of flags.
At the request of the Code Enforcement Administrator, the City
Attorney's Office drafted the proposed text to specifically forbid
the display of any advertising, flags, pennants, streamers,
balloons, signs or vehicle stock numbers on any vehicle or
equipment, except required information on a sticker affixed to a
side window. Display of similar items to attract the public's
attention is also prohibited on the dealer's lot, buildings or
vehicles.
The Planning and Zoning Board formally reviewed the amendment on
July 17, 1995, and voted 6 to 0 to recommend that it be approved.
At first reading on August 15, 1995, the Commission passed the
ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 45-95 on second and final
reading.
ref:agmemol4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ ~
SUBJECT: AGENDA ITEM # J~' ~ - MEETING OF AUGUST~, 1995
ORDINANCE NO. 45-95
DATE: JULY 28, 1995
This is first reading of Ordinance 45-95 amending LDR Section
4.4.10(G) (5) (c) regarding restrictions to advertising on auto-
mobiles in the AC (Auto Commercial) District. The existing text
specifically forbids the display of any advertising, flags,
pennants, streamers, balloons, signs, or vehicle stock numbers on
any vehicle or equipment, except required information on a
sticker affixed to a side window. Display of similar items to
attract the public's attention is also prohibited on the dealer's
lot, buildings or vehicles. There have been problems with
administration of this section of the LDR's due to some unclear
and confusing language. The amendment clarifies this language,
but does not make any substantive changes in the LDR's.
The Planning and Zoning Board considered this item at its meeting
of July 17, 1995, and recommended approval by a 6 to 0 vote.
Recommend approval of Ordinance No. 45-95 on first reading. If
passed, public hearing on August 15, 1995.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMING~EZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 1, 1995
LDR TEXT AMENDMENT TO SECTION 4.4.10(G)(5)(c) AUTOMOTIVE
COMMERCIAL (AC) DISTRICT CLARIFYING RESTRICTIONS
ON SIGNS AND OTHER DISPLAYS ON VEHICLES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of a
proposed modification to Section 4.4.10(G)(5)(c) of the City's Land Development
Regulations (LDRs).
BACKGROUND:
Richard Bauer, City Code Enforcement Administrator recently contacted the City
Attorney's office to request a revision to LDR Section 4.4.10(G)(5)(c), regarding
restrictions to advertising on automobiles in the AC zoning district. The current
regulations are difficult to understand and may be in conflict with provisions of LDR
Section 4.6.7 regarding display of flags.
The City Attorney's Office proposes the attached changes to Section 4.4.10(G)(5)(c)
to clarify existing provisions specifying prohibited items and locations. The proposed
text specifically forbids the display of any advertising, flags, pennants, streamers,
balloons, signs, or vehicle stock numbers on any vehicle or equipment, except
required information on a sticker affixed to a side window. Display of similar items to
attract the public's attention is also prohibited on the dealer's lot, buildings, or vehicles.
Planning And Zoning Board:
The Planning and Zoning Board considered this item at its meeting of July 17, 1995.
Representatives of three dealerships: Joe Camarata, Dennis Fronrath Chevrolet; Art
Taylor, O.C. Taylor; and Dan Burns, Dan Burns Oldsmobile spoke at the public
City Commission Documentation
Adoption of the West Atlantic Avenue Redevelopment Plan
Page 2
hearing to request further information regarding the proposed changes. None voiced
objections regarding the proposed amendment. The Board voted unanimously (6-0)
to recommend approval.
Recommended Action:
By motion, approve, on first reading, the attached text amendment to LDR Section
4.4.10(G)(5)(c)
Attachment:
P&Z Memorandum Staff Report
City Commission Documentation
Adoption of the West Atlantic Avenue Redevelopment Plan
Page 3
Section 4.4.'10(G)
(5) Use and Operating Restrictions:
(a) Except for automobiles, trucks, pickup trucks, vans, jeeps,
motorcycle and recreation vehicles, no other outdoor sales or display
of any materials, products, or goods shall be permitted. No industrial
equipment shall be sold, leased, rented, or otherwise stored within
the AC District. However, wherever reasonably possible as
determined by the city, trucks other than pickup trucks, vans, and
jeeps shall be displayed in areas which are separated from a street
by an outdoor display area for other permitted vehicles, customer or
employee parking areas, or buildings.
(b) No vehicle shall be parked with its hood or trunk open, nor elevated
off the ground in any way. Vehicles shall not be parked in any right-
of-way or driveway.
(c) Other than information which is required by law to be posted on
vehicles displayed on a sticker affixed to a side window..No
advertising, flags, ~ pennants, streamers, balloons,
signs, upcn_."".'! ,,,,h;,-~. ~...~...~ .... ,.....~,;""° or vehicle stock numbers er-ethe~
..... c °+;"~"~' .,mv,,,~ ,,-, .~ ,.;~ .... ;,,,~ ...... shall not be displayed
any vehicle or equipment. Ssimilar objects, gimmicks, or advertising
designed to attract the public's attention eft-site shall not be
displayed outdoors.~e~fl~:~,~y-on any lot, building, vehicle, ~
equipment except as permitted by Section 4.6.7.
(d) Except for existing areas designated for off-loading, any areas
designated for the off-loading of vehicles or for loading and
deliveries shall be located to the rear of buildings and shall be
located so as to contain noise on-site. These areas shall not be
located closer than 100 feet from any residentially- zoned lot, and
shall be appropriately designated, marked, and signed.
(e) Dealers are prohibited from using residential streets for the testing of
vehicles after servicing and for the demonstration of vehicles.
[Amd. Ord. 2-92 02/11/92]
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
LDR AMENDMENTS
MEETING DATE: JULY 17, 1995
AGENDA ITEM: V.F.
SUBJECT: LDR TEXT AMENDMENT TO CLARIFY RESTRICTIONS ON
SIGNS AND OTHER DISPLAYS ON VEHICLES IN THE AC
ZONING DISTRICT
LDR REFERENCE: SECTION 4.4.10(G)(5)(c) AUTOMOTIVE COMMERCIAL (AC)
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on a
proposed modification to the City's Land Development Regulations (LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the City.
BACKGROUND:
Richard Bauer, City Code Enforcement Administrator recently contacted the City Attorney's
office to request a revision to LDR Section 4.4.10(G)(5)(c), regarding restrictions on
advertising on automobiles in the AC zoning district. He indicates that the current
regulation is difficult to understand and may be in conflict with provisions of LDR Section
4.6.7. He requested a change to clarify the regulation of displays on vehicles for sale.
ANALYSIS:
The current text of Section 4.4.10 prohibits the attachment of advertising items, such as
flags and signs, to displayed vehicles, structures, or other features of automotive
dealerships (light poles, etc.). Exceptions to those prohibitions, such as display of flags and
window signs are listed in LDR Section 4.6.7. However, as the Code Enforcement Division
is experiencing difficulties with enforcement due to a lack of clarity the attached amendment
is proposed.
P & Z Memorandum Staff(r ~ort
Meeting of July 17, 1995-.(''~.''
LDR Text Amendment - Section 4.4.10(G)(5)(c)
Page 2
The changes to Section 4.4.10(G)(5)(c) are suggested by the City Attorney's Office to
clearly specify the prohibited items and locations. The proposed text specifically forbids the
display of any advertising, flags, pennants, streamers, balloons, signs, or vehicle stock
numbers on any vehicle or equipment, except required information on a sticker affixed to a
side window. Display of similar items to attract the public's attention is also prohibited on
the dealer's lot, buildings, or vehicles. Exceptions to those regulations are specified in
Section 4.6.7.
RECOMMENDED ACTION:
By motion:
Recommend approval of a text amendment to LDR Section 4.4.10(G)(5)(c) to restrict
advertising on automobiles, as attached in this report.
Attachments:
Letter of request
Report prepared by: Jeff Perkins. Senior Planner Date 7/11/95
MEMORANDUM
TO: David Tolces, Assistant City Attorney
THRU: Lula Butler, Community Improvement Director
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: LDR SECTION 4.4.10(G)(5)(C)
DATE: May 18, 1995
Subject code section is the anti-gimmick ordinance enacted by the
City for the AC district.
As we previously discussed, the wording of subject section is
poor in that words or phases have been omitted. In addition, the
prohibition against "flags, foreign flags" contradicts sections
4.6.7(S)(12)(a)(1) and (2).
Below, I have included the ordinance section as it currently
reads and below the above, my proposed revision.
1. Current Ordinance
( c ) No advertising, flags, foreign flags, pennants,
streamers, balloons, signs upon any vehicles, prices or
vehicle stock numbers, or other information as required
to be posted on such vehicles by law other than upon a
sticker affixed to a side window, or similar objects,
gimmicks, or advertising designed to attract the
public' s attention off-site shall be displayed
outdoors, or upon any building, vehicle, or wall, other
than inside a window as may be permitted by Section
4.6.7.
2. Proposed Ordinance
(c) Except for information required to be posted on
vehicles by law and except for information displayed on
a sticker affixed to a side window, no advertising,
flags, pennants, streamers, balloons, signs, prices or
vehicle stock numbers shall be displayed on any vehicle
or equipment; similar objects, gimmicks, or advertising
designed to attract the public's attention off-site
shall not be displayed outdoors on any lot, building,
vehicle, or equipment except as permitted by Section
4.6.7.
If you agree that the current ordinance is jumbled up, you might
want to discuss my proposed revision with the Planning Director.
RB: mh