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02-92 O~INANCE NO. 2-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING C~PTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTI~ COMMERCIAL (AC) DISTRICT"., SUBSECTION 4.4.10(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DE~LOPMENT REGULATIONS OF THE CITY OF DEL~Y BEACH, FLORIDA, BY REPEALING SUBPARAG~PH 4.4.10(G) (5) (d) TO ELIMINATE ALL LANGUAGE REGALING BA~ERS' IN THE AUTOMOTI~ COMMERCIAL (AC) DISTRICT; BY ~LETTE~NG SUBPA~GRAPHS 4.4.10(G}(5) (e) AND 4.4.10(G) (5} (f); PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THE~FO~, BE IT ORDAINED BY THE CITY COMMISSION OF THE CI~ OF DEL~Y BEACH, FLORIDA, AS FOL~WS: Section 1. That Chapter 4, "Zoning Regulations", Section 4 4.10, "Automotive Commercial (AC) District" Subsection 4 4.10(G) "Supplemental District Regulations", Subparagraph 4.4.10(G) (5) (d) of the Land Development Regulations of the City of Delray Beach, Florida, be, and the s~e is hereby repealed in its entirety. Section 2. That Subparagraph 4.4.10(G) (5) (e) and Subparagraph 4.4.10(G) (5) (f) be, and the same are hereby relettered to Subparagraph 4.4.10(G)(5) (d) and Subparagraph 4.4.10(G) (5) (e), respectively. 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 part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED MD ~OPTED in regular session on second and final reading on this the llth day of February , 1992. ATTEST: City ~erk ! First Reading January 14, 1992 Second Reading February 11, 1992 GRAPH 4.4.10(Dl(D(dl TO NATE ALL LANGUAGE REGARD- ......... 4410(G)(S](f); PROVIDING A A PUBLIC HEALING ~11 lie ~ I EFFECTIVE DATE ~ Mi~ ~ ~ ~ ~ ~ ~ AN ORO/~NCE OF THE CITY CO~ RATON~DELRAY BOYNTON BEA¢It~ DEERFIELD BEACH mi~), ~ T~, F~ 11, ~lS$~O~ OF THE CITY OF BOCA 1~, in ~ Ci~ ~ ~ BEACH, FLORIDA, AMENDING ~- ~, I~ ~.W. 1~ A~, ~ TLE V, 'PUBLIC ~ORKS', CHAPTER S~ will C~ ~r ~. TM '~ATES AND CHARGES' OF ~ ~di~t(S) ~y ~ i~ CODE OF ORDINANCES OF Published Daily .,,~,~a~c~.~ c,~ o~ o~.~. ,~c. Boca Baton. Palm Beach County, Florida ~". ~" ~"~ ~ ~ ~ ,.~ ~.~,~ o~ ~o.s o. Delray Beach. Palm Beach County, Florida ~~..,~.: ,s ~s~; ~ov,o,~ ~ s~,~ A~ [FFE~T~VE OATE AN ORDinANCE OF THE aTY ~ ~SSIOH OF THE OTY O~ DEL~AY ~ ~ STATE OF FLORIDA ,~:., ~.,~, .~o.m~ COUNTY OF PALM BEACH ~o.~. ~: m~.~,~ :o~.- ~,~,o~ o~ ~.~ ~,~ o~ TRi~T; ~ID ~ND BEING LOTS~ E~GEN(I~' OF THE ~OOE O~ Before the undersigned authority personally ...ou~. ~, ~., o~ o.~,.~.~ ~o~ ~.~ ~,,~ o~ PARK. A~OROlN~ TO THE P~T OEL~AY SEA~H FLOriDA. ~Y ~[. appeared Nancy Smith, Inside Sales Man- ~.~.~o~ .~co..~. ,..~. ~,.~ c.~.~ B~K ~. P~E 2. OF THE PUBLI~ 'E~ERGE~Y ~AGEM[NT' TO ager of The News, daily newspapers pub- .~o.~ o~ .~ ~t~. cou~ ..ov,~ ~ ~,~wo.~ TY. FLORIDA. AND B~ING ~RE DE~ATION OF llshed in Boca Baton in Palm Beach County. .~..,cu~.~. .~s~.,.~. ~.ov,~,.~ ~o~ ~ HEREIn; A~O ~EH~ING ~ONING APPLI~ASILITY OF P~OVISIONS. ~ DISTRICT ~P, DELRAY BEACH, EMERGENCY ~NAGEMENT Florida; that the attached copy of advertise- i~,~ --; ..ov,.,.o . s~.uc~u.~; .o.~.s. [ GENERAL RE~E~. C~U~; AND ~E~N~5ILITIES; DECLA- ment was published in said newspapers in ~..~,.,~ · ~v,~ ~.~, .~.o. o~ ~.~.~ o~  PR~IDING AN E~FE~IVE ~TE. ~Y; TE~INATION OF A ~TATE OF the issues of: ~ ~'~,.. ~~' ['' [ T~RIALsCIEs;EMERGENCY;FIREEME,GENCIEs.AND~LICEHAzAR~USEME"GEN-uTILITY GEN(IES; SUSPENSION OF LO(AL ~ { ' 5U'LDING REGU~TIONS; CLAUSE: P~OV~OI~G A Affiant further says that The News is a c.~..~. TWO. PROVI~IONS' ~E(TION ~2~ 'THE newspaper published in Boca Raton, in said ~.~ o~ ~o.s.u~.,o. PEALS'. OF THE LAND DEVELOP- Palm Beach County. Florida. Monday ~,, "EGULATIO.S OF THE CODE OF ORDINANCES OF THE through Sunday, and has been entered as :,.. o~ o,~,.. ,~,~,, DA. BY ~ENDING SUBSECTION second class ma~ter at the post office in .o..o~'"'c""o~'° ~.ov,.~o.s...~.o...~. ~.~. Boca Baton, Palm Beach County. Florida, ~o~, .~u~. ~U$INESS ~EETINGS EACH YEA~. for a period of one year next preceding the ~.ov,.~ ~,~,~ ,s ~,.~ .o first publication of tho attached copy of ~,~ c~u,~ ~o~,~,~ ~ GENERAL REPEALE~ CLAUSE: advertisement; and affiant further says that ..ov,.,.~. EFFECT'VE DATE ho h~s nolgho~ paid no~ p~omisod ~ny ~'*~ person, firm or corporation any discount, ~,s~,o.~" o.o,...C~o~ r.~°~c,.~'"~o~c'r~.~ BEACH. FLORIDA. A~ENDING TK Fobato, commission o~ ~of~O fo~ tho p~F- ,t~ ~., ~,c co~., c,~. TEE 11. 'PARKING REGULATIONS'. pose of securing this advertisement for pub- .. ~.0,.o ~c.,o. llcatlon in said newspapers. .~.~..o TICKET VIOLATIONS', BY E~CTING A NEW 5USSECT~Ofl (FL TO PROWDE THAT THE CLERK O~ THE COURT OR THE ~ENT OF HIGHWAY SAFETY AND NETI~LLY ENCODED COMPUTER TAPE REEL OR CARTRIDGE THAT IS ~CHINE READABLE BY THE INSTALLED COMPUTER SYSTEM PER,NS WHO HAVE THREE OR MORE OUTSTANDING PARKING Sworn to and subscribed before me this ..c~.s ~o. r.~ .u.~s~ o~ P~TES OR EEVALIDATION STICK- day of :. A.D., 19 ' ,.o o...e ~,s.; ~.ov,.,.o ~ PROVIDING A SAVING CLAUSE, DATE. (Seal, Notary Public, orlda at large ~ ,~ ~ ,~ Commission e ~. ~ .~, ,..~, ,, ,o. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERJ~~' SUBJECT: AGENDA ITEM 9 /O ~ _ MEETING OF FEBRUARY 11. 1992 ORDINANCE NO. 2-92 DATE: February 7, 1992 This is a second reading of an ordinance repealing Subparagraph 4.4.10 (G)(5)(d) of the Land Development Regulations to eliminate all language regarding banners in the AC (Automotive Commercial) district. This item is a result of staff discussion with the Planning and Zoning Board regarding the use of banners for promotional and special event activities throughout the City. During the discussion it was noted that the LDRs contained language permitting and regulating the use of banners in the AC zoning district. Initially, staff proposed amending the language in the sign code to permit the use of banners for special event activities under certain conditions. However, the Planning and Zoning Board voted not to add new language for banners and to repeal all language regarding the use of banners in the AC zoning district. Separately, the use of banners at city facilities will be considered after recommendations are receiyed from the Old School Square Sign Committee. Recommend approval of Ordinance No. 2-92 on second and final reading. ORDINANCE NO. 2-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELHAY BEACH, FLORIDA, BY REPEALING SUBPARAGRAPH 4.4.10(G) (5) (d) TO ELIMINATE ALL LANGUAGE REGARDING BANNERS IN THE AUTOMOTIVE COMMERCIAL (AC) DISTRICT; BY RELETTERING SUBPARAGRAPHS 4.4.10(G) (5) (e) AND 4.4.10(G) (5) (f); PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Subparagraph 4.4.10(G) (5) (d) of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety. Section 2. That Subparagraph 4.4.10(G) (5) (e) and Subparagraph 4.4.10(G) (5) (f) be, and the same are hereby relettered to Subparagraph 4.4.10(G) (5) (d) and Subparagraph 4.4.10(G) (5) (e), respectively. 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 part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: PROPOSED AMENDMENTS TO SEC. 4.4.10 (G) (5) (d) , "BANNERS" DATE: JANUARY 7, 1992 ITEM BEFORE THE COMMISSION: Commission consideration is requested to appeal Sec. 4.4.10 (G) (5)(d) of the LDR's governing the use of banners in the AC Districts. BACKGROUND: Staff was before the Planning and Zoning Board on December 9th to discuss the use of "banners" for promotional and special event activities throughout the City. The discussion of the restrictions on the use of banners came about as a result of many requests from various businesses for promotional and special event activities. Staff also discovered language permitting and regulating the use of banners under the AC zoning district. Staff proposed language to P & Z for their consideration that would amend Sec. 4.6.7 (D) (3) of the sign code by adding a new section, which would permit the use of banners for special event activities under certain conditions and to repeal Sec. 4.4.10 (G)(5)(d) under the AC zoning district, adding the same language to Sec. 4.6.7 of the sign code. On December 16, 1991, following a public hearing on proposed text changes, the Planning and Zoning Board voted 6-0 not to add new language for banners in Sec. 4.6.7 (D} (3) as suggested by staff, but to repeal all language regarding the use of banners under Sec. 4.4.10 (G) (5)(d) in the AC zoning districts. The use of banners at city facilities will be considered separately after recommendations are received from the OSS sign committee. RECOMMENDATION: We would recommend that the City Commission approve the proposed amendment to Sec. 4.4.10 (G) (5) (d) , which eliminates all language regarding banners in the AC districts as recommended by the Planning and Zoning Board and staff. No other changes regarding the use of banners are proposed at this time. LB: DQ D/12 Banners. CC TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: PUBLIC HEARING ON PROPOSED AMENDES TO SECTION 4.6.7 (D)(3), SECTION 4.4.10(G) (5) (d), "BANNERS" DATE: DECEMBER 12, 1991 ITEM BEFORE THE BOARD: Public Hearing on proposed amendments to Section 4.6.7(3) governing the use of "Banners" and amendments to Section 4.4.10(G)(5)(d) of the AC District. The proposed language was reviewed at the P&Z workshop meeting on December~th and proposes to expand the use of such banners. BACKGROUND: The use of banners is currently addressed under Section 4.6.7(D)(3) (1)(Sign Code) and Section 4.4.10(G)(5)(d) as follows: A grand opening banner is permitted to be displayed two (2) weeks before and after a business opening. The Banner cannot exceed an area of 50 sq. ft., and shall not exceed 15' in height. Colors are limited to white, black, blue and red or any combination thereof, and AC Zoning District Regulations provides for Banners to be used in conjunction with special events and promotions at full service, new car dealerships. The banners may be used up to six (6) times per calendar year, for no more than 5 days in any one month. Text, color, size, location and the number of banners shall be approved by SPRAB. No bond requirement. Proposed language to amend this section shall read as follows: SPECIAL EVENT/PROMOTION BANNERS (1) Same as current language under Section 4.6.7(D)(3) (1) - no changes are being made to this section. CHANGES: (2) Banners may be permitted to be used in conjunction with special event activities sponsored by clubs, organizations or businesses. Such banners may be exhibited a maximum of four (4) times per calendar year, for no more than one week preceeding the event, and the banner shall be removed within 2 days after the event. No more than one (1) banner is permitted at the location of the event. In cases of a special event activity located at a shopping center or malls, no more than one banner may be displayed. Text, size, and location of the banner shall be approved by SPRAB. The applicant for banner approval must provide a $100 refundable deposit to cover the cost of banner removal. Banners - P & Z December 12, 1991 Page 2 (3) Banners may be used in conjunction with special events and promotions at full service, new car automobile dealerships and when pursuant to the following: - Not to be located within special or perimeter landscape areas nor attached to vehicles or light poles, nor located higher than the roof line the building it is attached to; - Not to be displayed for a consecutive period of five days, nor more than five days in any one month, not on more than six occasions each calendar year; and, - Text, color, size, location and number shall be approved by the Site Plan Review and Appearance Board. - A $100 refundable deposit to cover the cost of removal must be provided. Provides for the elimination of this section under the AC District. LB: DQ dll Banner2.PZ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER&~/~ SUBJECT: AGENDA ITEM ~/~ ~ - MEETING OF JANUARY 14, 1992 ORDINANCE NO. 2-92 DATE: January 10, 1992 This is a first reading of an ordinance repealing Subparagraph 4.4.10 (G)(5)(d) of the Land Development Regulations to eliminate all language regarding banners in the AC (Automotive Commercial) district. This item is a result of staff discussion with the Planning and Zoning Board regarding the use of banners for promotional and special event activities throughout the City. During the discussion it was noted that the LDRs contained language permitting and regulating the use of banners in the AC zoning district. Initially, staff proposed amending the language in the sign code to permit the use of banners for special event activities under certain conditions. However, the Planning and Zoning Board voted not to add new language for banners and to repeal all language regarding the use of banners in the AC zoning district. Separately, the use of banners at city facilities will be considered after recommendations are received from the Old School Square Sign Committee. Recommend approval of Ordinance No. 2-92 on first reading. . Agenda Item No.: AGENDA REQUEST Date: 1/8/92 Request to be placed on:· X Regular Agenda Special Agenda Workshop Agenda When: 1/14/92 Description of agenda item (who, what, where, how much): Proposed Amendment to Sec. 4.4.10 (G)(5)(d) Use of Banners in the AC Districts Recomme nda t ion: Approval Department Head Signature:~ ~;[/~/cx~w-~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: Y~/ NO <~' Hold Until: ~ ~-- Agenda Coordinator Review: Received: Action: Approved/Disapproved