76-94 ORDINANCE NO. 76-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.7(D),
"ADMINISTRATIVE RELIEF", SECTION 4.3.3(P), "SATELLITE
DISH - SATELLITE TELEVISION ANTENNA", AND SECTION
4.6.6(C), "RESTRICTIONS ON OUTSIDE USAGE", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, TO PROVIDE THAT THE CITY MANAGER MAY
GRANT ADMINISTRATIVE RELIEF FOR TEMPORARY SATELLITE
DISHES AND RETAIL DISPLAY AREAS WHEN ASSOCIATED WITH
SPECIAL EVENTS; 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 August 15,
1994, and has forwarded the change with a recommendation of approval
by a vote of 5 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:
Section 1. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.7, "Procedures for
Obtaining Relief from Compliance with Portions of the Land Development
Regulations", Subsection 2.4.7(D), "Administrative Relief",
subparagraph 2.4.7(D)(1), "Rule", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(1) Rule: Administrative relief can be granted only
for instances in which it is specifically allowed. The Director, or
City Manager when specifically designated under applicable LDR
~ $~ are the only administrative officiala who ~ are
empowered to grant administrative relief.
'~_9_~ That Chapter Four, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.3,
"Special Requirements for Specific Uses", Subsection 4.3.3(P),
"Satellite Dish - Satellite Television Antenna", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by adding the following:
(6) The City Manager shall have authority to grant
administrative relief from LDR Section 4.3.3(P) to allow temporary.
portable satellite dishes provided that:
(al The satellite facilities are part of an
approved special event.
(bi Th9 administrative relief shall not exceed
ten (10) calendar days in duration.
~ That Chapter Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.6, "Commercial
and Industrial Uses to Operate Within a Building", Subsection
4.6.6(C), "Restrictions on Outside Usage", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended by adding the following:
~4) The City Manaaer shall have authority to qra~
administrative relief from LDR Section 4.6.6(C)(3) provided that:
la) The outside display areas are par~ Q~ ~D
approved special event.
(bi The administrative relief shall not 9~9~d
ten (10) calendar days in duration.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~_~ 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 18th day of Oct~_~~l~
A ~T:
~ City C~erk '
First Reading September 27, 1994
Second Reading October 18, 1994
- 2 - Ord. No. 76-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # /O~ - MEETING OF OCTQBER 18, 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO, 76-94
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No. 76-94
which amends the three applicable sections of the Land Development
Regulations to allow the City Manager to grant administrative
relief for temporary satellite dishes and outdoor retail display
areas when associated with special events. Please refer to the
staff documentation for an analysis of the proposed amendment.
The Planning and Zoning Board formally reviewed this amendment on
August 15, 1994, and voted 5 to 0 to recommend that it be adopted.
At first reading on September 27, 1994, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 76-94 on second and final
reading.
ref:agmemol9
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ l
SUBJECT: AGENDA ITEM ~ /~ - MEETING OF SEPTEMBER ~7, 1994
FIRST READING FOR ORDINANCE NO. 76-94
DATE: SEPTEMBER 22, 1994
This is first reading for Ordinance No. 76-94 which amends the
three applicable sections of the Land Development Regulations to
allow the City Manager to grant administrative relief for temporary
satellite dishes and outdoor retail display areas when associated
with special events. Please refer to the staff documentation for
an analysis of the proposed amendment.
The Planning and Zoning Board formally reviewed this amendment on
August 15, 1994, and voted 5 to 0 to recommend that it be adopted.
Recommend approval of Ordinance No. 76-94 on first reading. If
passed, a public hearing will be held on October 18, 1994.
ref:agmemol9
CITY COMMISSION DOCUMENTAT I ON
TO: ~ID T. H~DEN, CITY MANAGER
THRU: DIANE DOMIN~UEZ, D~C~OR
DEPARTMENT OF PLANNING/AND ZONING
FROM: PAUL DORLING, ~ClPAL PLANNER
SUBJECT: MEETING OF SEPTEMBER 27, 1994
LDR TEXT AMENDMENT ALLOWING THE CITY MANAGER TO GRANT
RELIEF TO REGULATIONS FOR TEMPORARY SATELLITE AND
OUTDOOR DISPLAY AREAS AT SPECIAL EVENTS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance amending LDR
Sections 4.6.6(C), 4.3.3 (P) and 2.4.7 (D)(1) which will
allow the granting of administrative relief by the City
Manager for temporary satellite dishes and retail display
areas when associated with special events.
BACKGROUND:
These LDR amendments were initiated by the Planning and Zoning
Board at its meeting of July 18, 1994, in response to a request
from the City Manager. The amendments would allow for the
granting of temporary relief to allow the installation of
temporary satellite facilities and retail display area
associated with special events.
Currently, for events such as the Virginia Slims Tennis
Tournament, the granting of waivers by City Commission is
required for the temporary installation of TV satellite
communications and outdoor display areas. This requires
advertising costs as well as staff time to provide relief on an
annual basis.
Existing ordinances allow the City Manager to grant temporary
exemptions from the signage regulations of the LDRs [Section
4.6.7 (B)(6)] and noise restrictions of the Code of Ordinances
[Section 99.30 (F)] for special events. There are limitations
on the length of time and frequency that the relief actions can
be granted under these two sections. It would appear
appropriate to have similar limitations if relief is to be
allowed for satellite dishes and retail display areas.
PROPOSED AMENDMENTS:
The proposed amendments affect the following LDR sections:
Sections 4.6.6 (C)(4) (Outdoor Retail Displays), Section 4.3.3.
(P) (Satellite Dishes), and Section 2.4.7.(D)(1) (Administrative
Relief).
Under LDR Section 4.3.3. (P) (Satellite Dishes) relief is
requested to allow temporary portable satellites (currently not
permitted under Section 4.3.3. (P) (1), relief from required
screening requirements associated with permanent facilities
[Section 4.3.3. (P) (1) (b) and Section 4.3.3 (P) (4)] and
relief from Conditional Use approval process [Section 4.3.3. (P)
(4) (c)]).
Under LDR Section 4.6.6 (C) (3) (Outdoor Display Area) relief
would include temporary exemption from locational criteria
(adjacent the building associated with the main use) required
under Section 4.6.6. (C) (3) (a) and maximum square footage
requirements (10% of main business) of Section 4.6.6 (C) (3)
(b).
LDR Section 2.4.7 (D)(1) (Administrative Relief) is also to be
amended to add the City Manager as an official who could grant
administrative relief to the above LDR sections that are
specifically referenced.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the LDR text amendments
at a public hearing on August 15, 1994. No one from the public
spoke on the item. The Board recommended approval of the
amendments on a unanimous 5-0 vote.
RECOMMENDED ACTION:
Approve on first reading an Ordinance changing the following LDR
Sections:
Section 4.6.6 (C) Restriction on Outs£de Usage:
(4) The City Manaqer shall have authority to grant
administrative relief from LDR Section 4.6.6 (C) (3) provided
that:
(a) The outside display areas are part of an
approved special event.
(b) The administrative relief shall not exceed
ten (10) calendar days in duration.
Section 4.3.3.(P) Satellite Dishes:
(6) The City Manager shall have authority to grant
administrative relief from LDR Section 4.3.3. (P) to allow
temporary portable satellite dishes provided that:
(a) The satellite facilities are part of an
approved special event.
(b) The administrative relief shall not exceed
ten (10) calendar days in duration.
Section 2.4.7 (D)(1) Administrative Reliefs
(1) Rule: Administrative relief can be granted only in
instances in which it is specifically allowed. The Director, or
City Manaqer when specifically desiqnated under applicable LDR
sections, ~ are the only administrative officials who ~ are
empowered to grant administrative relief.
y:satelite