67-92 ORDINANCE NO. &7-~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AMENDING SECTION 4.6.7 "SIGNS"
OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING
SUB-SUBSECTION 4.6.7(C)(5) "BANNER SIGNS AND FLAGS"
AND ENACTING A NEW SUB-SUBSECTION 4.6.7(C)(5),
"BANNERS AND WIND SIGNS" TO PROVIDE FOR THE PRO-
HIBITION OF BANNER SIGNS AND SIGNS CONSISTING OF
FLAGS, PENNANTS, RIBBONS, SPINNERS, STREAMERS, OR
BALLOONS; BY ENACTING A NEW SUB-SUBSECTION
4.6.7(E)(8), "FLAGS", TO PROVIDE FOR LIMITING THE
NUMBER OF FLAGS ON ANY ONE PARCEL OF LAND TO THREE
FLAGS, THE MAXIMUM SIZE OF FLAGS, PROHIBITING THE
PLACEMENT OF FLAGS WITHIN PUBLIC RIGHTS-OF-WAY AND
TO PROVIDE FOR THE PLACEMENT OF FLAGS DURING
SPECIFIC NATIONAL HOLIDAYS; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach has invested millions of
dollars in installing and maintaining streetscaping and landscaping
along the public rights-of-way within Delray Beach; and,
WHEREAS, the City of Delray Beach is in the process of imple-
menting its Decade of Excellence Bond program which will provide addi-
tional funding of drainage, paving, and beautification of rights-of-way
within Delray Beach; and,
WHEREAS, the City Commission of the City of Delray Beach has
maintained a strict sign code for a number of years, specifically
regulating the use of flags, banners, streamers, and balloons; and,
WHEREAS, the City Commission of the City of Delray Beach is
desirous of providing safe traffic areas for pedestrians, bicyclists,
and motor vehicles; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to improve the aesthetics of commercial and residential
properties including the City's rights-of-way within the city limits;
and,
WHEREAS, the City Commission finds that flags, banners,
streamers, balloons, and other types of "wind signs", are signs within
the meaning of the City of Delray Beach Code of Ordinances; and,
WHEREAS, the use of banners, streamers, other types of "wind
signs", and balloons as signs is illegal in Delray Beach and damages the
aesthetic quality of our residential and commercial zoned neighborhoods;
and,
WHEREAS, the City Commission finds that the proliferation of
flags on commercial and residential properties damages the aesthetic
quality of our residential and commercially zoned neighborhoods; and
WHEREAS, the City Commission of the City of Delray Beach
believes that improving the aesthetics of Delray Beach's residential and
commercial· neighborhoods will improve the quality of life for the
citizens of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.6, "Supplemental District
Regulations", Section 4.6.7, "Signs", Subsection 4.6.7(C), "Prohibited
Signs", Sub-subsection 4.6.7(C)(5), "Banner Signs and Flags" of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby repealed, and a new Sub-subsection
4.6.7(C)(5), "Banners and Wind Signs" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, is
hereby enacted to read as follows:
4.6.7(C)(5) Banners and Wind Siqns.
(a) Banners - A sign consisting of characters, letters,
illustrations or ornamentations attached to cloth, paper, or fabric
backing.
(b) Wind Signs - Signs, consisting of one or more banners,
pennants, ribbons, spinners, streamers, or captive balloons, or
other objects or material fastened in such a manner as to move upon
being subjected to pressure by wind.
Section 2. That Subsection 4.6.7(E), "Sign Design Standards",
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is amended by enacting a
new Sub-subsection 4.6.7(E)(8), "Flags", to read as follows:
4.6.7(E)(8) Flaqs.
(a) Number - No more than three flags may be displayed on any
one parcel of land, unless the property/lot size is larger than one
acre, wherein one flag per 15,000 square feet of property may be
displayed, as long as it does not impair visibility or create a
site distance problem with regards to pedestrian or vehicular
access.
ORD. NO.
(b) Prohibited in riqhts-of-way - Flags may not be placed in
any public right-of-way within the City limits. Public rights-of-
way include sidewalks, swales, and alleys.
(c) The provisions of this subseCtion relating to the number
of flags shall not apply from July 3rd to 5th.
(d) For flags greater than three (3) square feet in area, the
owner of property shall obtain a permit prior to installing each
flag. The cost of each flag permit shall be $10.00.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
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 this ordinance shall become effective immedi-
ately upon its passage on second and final reading; provided, however
that the City's formal enforcement measures shall not begin for a period
of sixty (60) days.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 199 .
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # I~ - MEETING OF JANUARY 12. 1993
ORDINANCE NO. 67-92
DATE: January 8, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by repealing and enacting a new Subsection
4.6.7(C)(5), "Banners and Wind Signs" to provide for the prohibition
of banner signs and signs consisting of flags, pennants, ribbons,
spinners, streamers, or balloons; and, enacting a new Subsection
4.6.7.(E)(8), "Flags" to provide for limiting the number and maximum
size of flags on any one parcel of land, prohibiting the placement of
flags within the right-of-way and to provide for the placement of
flags during specific national holidays.
At the December 16th Special Meeting, several items of concern where
discussed with regard to this proposed ordinance. Staff met to
address those concerns and comments, some of which have been
incorporated into the ordinance before you for final action.
The Planning and Zoning Board will formally review this item at their
January llth meeting. Their recommendation will be presented at
Tuesday evenings meeting.
Recommend consideration of Ordinance No. 67-92 on second and final
reading, subject to the Planning and Zoning Board's recommendation.
CITY COMMISSION DOCUMENTATION
TO: AVi~ T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 12, 1993
ORDINANCE 67-92, SIGN CODE AMENDMENT RE FLAGS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of this proposed ordinance on second and final
reading.
The ordinance amends that portion of the sign code which
deals with the flying of flags.
BACKGROUND:
This ordinance received first reading on December 15th at a
special meeting. At that time several items were raised by
Commissioners. A few additional items were raised through staff
review prior to review by the Planning and Zoning Board. Please
refer to their staff report (attached) for a complete analysis
of the subject.
The Director of Community Improvement, Director of Planning, and
the City Attorney (and staff) met to address the concerns of the
Commissioners and the review comments. The Attorney's Office
may work on revising the proposed ordinance. If it is
determined that the nature of the changes so warrant, it would
be appropriate to reject the ordinance as presently written and
receive a newly drafted ordinance for first reading
consideration on January 26th.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of Monday, January llth. Their recommendation will
be presented at the public hearing.
RECOMMENDED ACTION:
Pending consideration by the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of January 11, 1993
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
REVISED ON JANUARY 8, 1993
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE BANNER SIGNS AND FLAGS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The changes contemplated in this
proposed ordinance include:
* deletion of existing provisions pertaining to "Banner
Signs and Flags";
* addition of new provisions pertaining to "Banners and
Wind Signs";
* deletion of requirement that each allowed flag (three
per property) be of different content;
* requirements for a special $10 permit for flags which
are greater than three sq.ft, in area;
* exception for the Fourth of July holiday.
BACKGROUND:
This item was taken before the City Commission, in the form of
proposed Ordinance No. 67-92, for first reading on December 8,
1992. There was considerable discussion which included comments
about:
* whether or not the three square foot size for determining
if a permit is required is appropriate, some thought the size
should be greater;
-- in consideration of this item the Director of
Community Improvement, the Planning Director, and the City
Attorney suggest that twelve (12) square feet be the size
at which permitting (and permit fees) applies.
* since a greater number of flags are allowed on a larger
parcel (e.g. 29 flags on a ten acre parcel), might not the
regulation be abused? One method of further regulation would be
to have minimum spacing requirements; on-the-other-hand, flags
are often displayed in a cluster;
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Banner Signs & Flags
Page 2
-- it is suggested that individual flags, when more than
three are flown, not be less than 150' from one another
except for one cluster of three flags. A cluster would be
two or more flags within 150 feet of one another.
* would other than national, state, and municipal flags be
allowed i.e. corporate logos, etc?
-- the answer is yes; however, a flag with business
identification information could be considered as a
free-standing sign and, thus, would take up the allotment
for such signing.
TEXT CHANGES:
DELETION of existing Section 4.6.7(C)(5):
4.6.7(C) Prohibited Signs: The following signs, or sign
features, are prohibited within the City of Delray Beach;
however, exceptions as noted herein are allowed. It shall
be unlawful for any persons to erect prohibited signs or
~ use prohibited sign features.
THE FOLLOWING SUB-SECTION IS TO BE DELETED
(5) Banner Signs and Flags: Being a sign having the
characters, letters, illustrations, or ornamentations
applied to cloth, paper, or fabric or any kind with only
the material for a backing including any animated or
fluttering device designed to attract attention; except for
two flag banners per residential development at times the
model home or model apartments ~ are open for inspection;
or except the flying of no more than three (3) flags, of
which one must be different from the other two, and such
flags may only consist of the United States flag, a flag of
another nation, a United States State's flag, or a
municipal flag; or except for the flags of service and
civic clubs when displayed at respective meeting sites
during meeting hours; and provided that flag banners shall
be limited to an area of fifteen square feet per flag
except for temporary banners flown in conjunction with
Special Events as provided for in Section 4.6.7(D)(3)(1).
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Banner Signs & Flags
Page 3
ADDITION OF A NEW SECTION 4.6.7(C)(5):
(5) Banners and Wind Signs: NOTE: These are prohibited.
(a) Banners: A sign consisting of characters,
letters, illustrations or ornamentations attached
to cloth, paper, or fabric backing.
(b) Wind Signs: Signs, consisting of one or more
banners, pennants, ribbons, spinners, streamers,
or captive balloons, or other objects or material
fastened in such a manner as to move upon being
subjected to pressure by wind.
ADDITION OF A NEW SECTION 4.6.7(E)(8): NOTE: Section (E)
pertains to sign design standards and the types of signs to
which they apply.
(8) Flags:
(a) Number: No more than three (3) flags may be
displayed on any one parcel of land, unless the
property/lot size is larger than one (1) acre,
wherein (whereon) one flag per 15,000 square feet
of property may be displayed, as long as it does
not impair visibility or create a site (sight)
problem with regards (regard) to pedestrian or
vehicular access.
(b) Prohibited in rights-of-way: Flags may not be
placed in any public right-of-way within the City
limits. Public rights-of-way include sidewalks,
swales, and alleys.
(c) The provisions of this subsection relating to the
number of flags shall not apply from July 3rd to
5th.
(d) For flags greater than three (3) square feet in
area, the owner of property shall obtain a permit
prior to installing each flag. The cost of each
flag permit shall be $10.00.
ANALYSIS:
First, it is noted that the caption of Ordinance No. 67-92 has
errors in line nine, use of the word "flags"; and line 13, use
of the phrase "the maximum size of flags".
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Banner Signs & Flags
Page 4
Second, it would be more appropriate to include the new
sub-section which deals exclusively with "flags" under Section
4.6.7(D)(3) Special Purpose Signs and Signing.
Third, by deleting 4.6.7(D)(5), as written, the accommodation of
two (2) banners (flags) for model homes/apartments is removed
from the LDRs. Consideration should be given to retaining such
signing. I do note that "real estate sales" signing and "for
lease/rent" signing is still allowed.
Fourth, with respect to the "flag" criteria the following
comments are provided:
1. Under the "number' provision, the inclusion of information
pertaining to sight distance is not appropriate. The sight
distance consideration should be handled separately i.e. in
a separate sub-section.
2. The provision dealing with not being located within the
public right-of-way does not appear necessary since any
item placed within the right-of-way is subject to
permitting through the City Engineer and there is no
provision for use of the public right-of-way for such
private purpose. Also, from time-to-time, the City does
allow flags to be flown within rights-of-way; thus,
including the suggested prohibition in the LDRs may present
further problems in equitable enforcement.
3. The provision dealing with the permit fee of $10 for flags
exceeding 3 sq.ft, should be rewritten to insure that
permits are obtained for flag poles (as structures). Also,
the permit fee should be the same as for any other sign
application (currently $15). It is suggested that flags
less than 3 sq.ft. (or greater area as discussed above)
be exempt from paying a permit fee; and, current practice
be followed for a sign permit application for flags.
RECOMMENDED ACTION:
Take this matter under advisement, at a minimum, provide
recommendations to:
1. Add the provisions for "flags" to Section 4.6.7(D)(3).
2. Use the standard sign application fee (i.e. no special
language is needed) but allow a zero fee for flags less
than twelve square feet in area.
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Banner Signs & Flags
Page 5
3. Do not add a specific restriction pertaining to placement
in right-of-way (note that such placements are not allowed
except under permit of the City Engineer). If this subject
is to be addressed anywhere in the LDRs it should be in
Section 6.3.1.
4. In addition to any specific standards for flags, a general
statement of compliance with sight distance standards,
building permits for flag poles, and compliance with
height, size, and other applicable provisions which pertain
to free-standing signs should be made.
5. Accommodation for two pennants, flags, or banners for
subdivision model homes and apartments should be made.
Attachments:
* Draft of proposed Ordinance with cover memo from Assistant
City Attorney Tolces
Report prepared
Initial report on December 23, 1992
Revised report on January 8, 1993.
DJK/PZFLAGS.DOC
CITY ATTORNEY'S OFFICE TEL No. 407 278 475~ Dec 10,92 15:33 P.02
i CITY DF DELRII¥ BEI:IgH
CITY A1TORNEY'S OFFICE
(40T) 243-T090
Date~ Deceed:~er 10~ 1992
To: C1t¥ Commission
From: David N. Tolces~ Assist~nt City Attorney~'~
Sub~ect: P~oposed Ordinance Ar~eadin~ Section
"Banner~ and Wind Siq~s,_and. 4.6.7(~)(6) "Flags,
The a~Cachmt ordinance amends Section 4.6.7(C)($); "Banne~
Signs and Flags". ?he existing ordinance also prohibits "wind
signs"/ however, ~he amendmen~ removes ~lags from this section
of ~he o:dLnance. .
The regu~ation of flags will no~ be placed in Section
4.~.7(E)(8).. ?~e proposed o~dLnance will allow fo~ three
flags, of any ~ype, to be flown at all ~lmes on parcels less
than orm~ac~e. On parcels g~ea~e~ than one acre~ one flag for
each '15~000 square fee~'would bo pe~-ml~ted. Flags may not be
placed in ~ights-of-way~ and l~ ~he flag size ~s g~oa~eE than 3
square feet~ a $10 perml~ must be obtained.
One exception to ~he o~'dinance ia ~nclu~ed for Independence
Day. One day p~lo~ to July 4th and one day after~ p~ope~ty
o~ne~s may ~ly as many flags as desire. ~hey must s~ll submit
This o~dInance replaces p~evious code p~ovisions whic~ a~e
p~esentl¥ being challenged. ?his office believes ~ha~ the
proposed ordinance would likely withz~and a constitutional
challenge. ~e~ therefore sugges~ adoption of this ordinance on
firs~ reading with second reading on Januarlr 12~ 1993.
Please call if you have any questions.
cc= David ~a~den, City Manages
Cheryl Leverett, Agenda Coo£dlna~o~
Lula Bu~ler~ Director of Community Improvement
CITY ATTORNEY'S OFFICE TEL No. 407 2?8 4755 Jan 05,95 17:10 P.02
ORDINANCE NO. 67-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AMENDING SECTION 4.6.7 "SIGNS"
OF THE LAND DEVELOPMENT RE~JLATIONS OF THE CODE OF
OF~DINANCES OF THE CITY OF DELRAY BEACH BY REPEALING
SUB-SUBSECTION 4.6.7(C)(5) "BANNER SIGNS AND FI~AGS"
AND ENACTING A NEW SUB-SUBSECTION 4.6.7(C)($),
"BANNERS AND WIND SIGNS" TO PROVIDE FOR THE PRO-
HIBITION OF BANNER SIGNS AND SIGNS CONSISTING OF
PENNANTS, RIBBONS, SPINNEP~, STREAMERS, OR BA~J~OONS;
BY ENACTING A NEW SUB-SUBSECTION 4.6.7(E)(8),
"FLAGS", TO'PROVIDE FOR LIMITING THE NUMBER OF FLAGS
ON ANY ONE PARCEL OE LAND TO THREE FLAGS, PRO-
HIBITING THE PLACEMENT OF FLAGS WITHIN PUBLIC
RIGHTS-OF-WAY AND TO PROVIDE FOR THE PLACEMENT OF
FLAGS DURING SPECIFIC NATIONAh HOLIDAYS} PROVIDING A
REPEALER CLAUSE; PROVIDING A SAVINGS' CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,'"~che City Of Delray Beach has invested millions of
dollars In installing and maintaining streetscaplng and landscaping
along the ~ublic rights-of-way within Delray Beach~ and,
WHEREAS, the C~ty of Delray Beach is in the process of imple-
menting its Decade of Excellence Bond program which will provide addL-
~lonal funding of drainage, paving~ and beautificat~on of rights-of-way
w~th~n De,ray Beach;
WHEREAS, the city Commission of the Clay of Delray Beach has
ma~ntained a strict s~gn code for a number of years, specifically
regulating the use of flags, banners, streamers, and balloons; and,
WHEREAS, the City Commission of the C~ty of Delray Beach is
desirous of prov~ding safe traffic areas for pedestrians,
and motor vehicles; and,
WHEREAS, the City Commission of =he C~t¥ of Delray Beach
wishes to ~mprove the aesthetics of commercial and res~dential
properties including the City's rights-of-way within the city limits;
and,
WHEREAS, the City Commission finds that flags, banners~
streamers, balloons, and other types of "wind signs", are signs
the meaning of the City of Delray Beac~ Code of Ordinances; and,
WHEREAS, the use of banners, streamers, ot~er types of "wind
signs", and balloons as signs is illegal in Delray Beach and damages the
CITY ATTORNEY'S OFFICE TEL No. 40? 2?8 4?55 Jan 08,95 17:10 P.05
aesthetic quality of our residential and commercial zoned neighborhoods;
and,
WHEREAS, the City Co~mlssion finds that the proliferation
flags on commercial and residential pro~erties damages the aesthetic
quality of our residential and commercially zoned neighborhoods; and
WHEREAS, the City Commission of the City of Delray Beach
believes that improving the aesthetics of Delray Beach's residential and
commercial neighborhoods will improve the quality of life for the
c~tl~ens of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CXTY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA~ AS FOLLOWS~
Section 1. That Article 4.6, "Supplemental DiStrict
Regulations", Section 4.6.7, "signs", S~tbsection 4.6.7(C), "Prohibited
Signs", Sub-subsection 4.6.7(C)(5), "Banner Signs and Flags" of the ~and
Development Regulations of the Code of Ordinances of the City of De,ray
Beach, Florida, is hereby repealed, and a ne~w- Sub-subsection
4.6.7(C)(5), "Banners and Wind Signs" of the hand Development
Regulations of the Code Of Ordinances of the
hereby enacted to read as follows$
4.6.7 (t) (5) B__a_Dners and Wind Slqns.
(a) Banners - A sign consisting of characters, letters,
illustrations or ornamentations attached to cloth, paper, or fabric
backing.
(b) Wind Signs - Signs, consisting of one or more banners,
pennants, ~ibbons, spinners, streamers, or captive balloons, or
other objects or material fastened in such a manner as to move upon
being subjected to pressure by wind.
Section ~... That Subsection 4.6.7(E), "Sign Design Standards",
of the Land Development Regulations of the Code of Ordinances of the
city of Delray Beach, Florida, be, and the same is amended by enacting a
new Sub-subsection 4.6.7(E)(8), "Flags", tO read as follows:
4.6.7(E)(8) Fla~s.
(a) Number - No more than three flags may be displayed on any
one parcel of land, unless the property/lot size is larger than one
acrs, wherein one flag per 15,000 square feet of property may be
displayed, as long as it does not impair visibility or create a
sight distance problem with regards to pedestrian or vehicular
access.
2 ORD. NO. 67-92
CIT.Y~ATTORNEY'S OFFICE TEL No. 40? 2?8 4?$8 3an 08,95 17:11 P.04
(b) Prohibited in rights-of-way - Flags may not be placed in
any public right-of-way wfthin the City limits. Public rights-of-
way include sidewalks, swales, and alleys.
(c) The provisions of this subsection relating to the number
of flags shall not apply from July 3rd to 5th.
(d) For flags greater than three (3) square .feet in area, the
owner of property shall obtain a permit prior to installing each
flag. The cost of each flag permit shall be $10.00.
Section 3. Tha= a11 ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That should any section or provision of .this
ordinance or any'p~rtion thereof, any paragraph, sentence, or word be
declared by a court of competent Jurisdiction to be XnvaXld, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to~ lnva~d.
Sec~i.o~..~~. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading; ~rovided, however
that the City's formal enforcement measures shall not begin for a period
of sixty (~0) days.
PASSED AND ADOPTED in regular session on second and final
reading on :his the day of ............... , 19~ .
· MAYOR
ATTEST ~
City Clerk
First Reading
Second Readin~
3 ORD. NO. 67-92
FLORIDA STATUTES SECTION 63.01, STATE FIRE
MARSHAL RULES AS CONTAINED WITHIN FLORIDA
ADMINISTRATIVE CODE RULE 4A, ALL AS SHALL BE
REVISED OR AMENDED FROM TIME TO TIME, AND
CERTAIN MINIMUM NATIONAL FIRE SAFETY CODES
PRESCRIBED BY THE NATIONAL FIRE PROTECTION
ASSOCIATION (NFPA) AS AMENDED HEREIN, SHALL
BE INCORPORATED WITHIN THE CITY'S CODE OF
ORDINANCES; PROVIDING THAT A VIOLATION OF THE
ABOVE-NAMED CODES SHALL BE DEEMED A VIOLATION
OF CITY ORDINANCES IN ORDER TO ENHANCE THE
ENFORCEABILITY OF SAID CODES; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 66-92 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The .public hearing was closed.
Mr. Randolph moved for the adoption of Ordinance No.
66-92 on Second and FINAL Reading, seconded by Dr. Alperin. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
10.B. Ordinance No. 67-92. Ordinance No. 67-92, amending
the Land Development Regulations by repealing and enacting a new
Subsection 4.6.7(C)(5), "Banners and Wind Signs" to provide for
the prohibition of banner signs and signs consisting of flags,
pennants, ribbons, spinners, streamers or balloons; and, enacting
a new Subsection 4.6.7(E) (8), "Flags" to provide for limiting
the number and maximum size of flags on any one parcel of land,
prohibiting the placement of flags within the right-of-way and to
provide for the placement of flags during specific national
holidays, is before the Commission for consideration on Second
and FINAL Reading. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 67-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.6.7 "SIGNS" OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY REPEALING SUB-SUBSEC-
TION 4.6.7(C)(5) "BANNER SIGNS AND FLAGS" AND
ENACTING A NEW SUB-SUBSECTION 4.6.7(C)(5),
"BANNERS AND WIND SIGNS" TO PROVIDE FOR THE
PROHIBITION OF BANNER SIGNS AND SIGNS CON-
-12- 1/12/93
SISTING OF PENNANTS, RIBBONS, SPINNERS,
STREAMERS, OR BALLOONS; BY ENACTING A NEW
SUB-SUBSECTION 4.6.7(E)(8), "FLAGS", TO
PROVIDE FOR LIMITING THE NUMBER OF FLAGS ON
ANY ONE PARCEL OF LAND TO THREE FLAGS, PRO-
HIBITING THE PLACEMENT OF FLAGS WITHIN PUBLIC
RIGHTS-OF-WAY AND TO PROVIDE FOR THE PLACE-
MENT OF FLAGS DURING SPECIFIC NATIONAL HOLI-
DAYS; PROVIDING A REPEALER CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING 'AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
The City Attorney stated that the Planning and Zoning
Board considered this item on January 11, 1993, and there may be
some changes. It is his understanding that this ordinance may go
back to First Reading on January 26, 1993.
David Kovacs, Planning Director, stated the first time
this came before the Commission for First Reading, the Commission
raised several points that needed to be looked at. Upon a re-
view, other technical items were discovered that needed to be
handled differently. Mr. Kovacs reviewed the proposals and the
recommendations made by the Planning and Zoning Board, including
the standard size of flags, type and permit fees.
The City Attorney advised, if the Commission directs
that the ordinance be redrafted and brought back for First Read-
ing, there is no need for a Public Hearing at this time.
Mr. Mouw moved that the ordinance be sent back to staff
for rewriting and that it be brought back for First Reading as
soon as possible, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes;
Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
Before roll call Mayor Lynch declared a recess, the
time being 7:15 P.M.; the meeting reconvened at 7:35 P.M.
Mayor Lynch announced that, when an issue has been
dropped because the ordinance is being changed, there is nothing
for the Commission to vote on; however, in fairness to the number
of persons who have come to this meeting, he will allow three
people to speak for three minutes.
John Prescott, owner of the Shell Station, stated he is
speaking in opposition to the current flag ordinance in the City.
He requested that the existing ordinance be amended to exclude
-13- 1/12/93
the American flag as it should be allowed to be displayed on any
property at any time.
Barry Silver, attorney, stated that his client, John
Prescott, has been fined and he feels it is wrong to penalize him
for his patriotism. In his opinion, the ordinance in its current
form is unconstitutional.
Rabbi Sam Silver stated he is speaking on behalf of the
Jewish War Veterans, in addition to the American Legion, the DAV,
the Veterans of Foreign Wars, the Catholic Veterans and for all
those people who agree with the statement made by the distin-
guished attorney. He feels this Country and this community could
stand more patriotism and more loyalty to America than less.
Frank Mankowitz, 909 Bond Way, expressed his opposition
to charging a fee for the purpose of flying the American flag.
At this time the roll was called to the motion.
At this point Mayor Lynch declared a three (3) minute
recess, in order to clear.the Chambers.
11, Comments and Inquiries on Non-Agenda Items from the
PubliG.
ll.A. City Manager.
11.A.%, The City Manager reminded the Commission and the public
that a Town Meeting is scheduled for Tuesday, January 19th at
7:00 P.M. in the auditorium at Old School Square. An Annual
Report on the status of the Comprehensive Plan will be presented
after which the Public will be invited to make comments.
ll.B. From the Public.
11.~.1. Charles Ridle¥, on behalf of MAD DADS, thanked the City
Commission for the attitude that the Commission has helped set in
this community, specifically in the west section of Delray. The
staff has worked very closely with MAD DADS, making it possible
for a number of things to happen. At a recent meeting that was
held with the citizens from 9th Avenue, several issues surfaced,
as follows: a request to place lights on 9th Avenue, additional
police surveillance and that dumpsters be moved to the rear of
the apartment complex. In order to move the dumpsters, the
alleyway had to be paved. All of these things are now underway,
thanks to a lot of people. He expressed the hope that this good
work will continue.
ll.B.2. Lillian Feldman, resident, stated she feels it is a
shame for anyone who is in business in Delray Beach to find it
necessary to bring persons from out-of-town to speak for them and
advise them of their rights; and further, that the City of Delray
-14- 1/12/93
DEC 1 0
[lTV DF DELI:II:IV BEIiI:H
CITY ATTORNEY'S OFFICE ~' '~'~ ~' '~' ~"^¥ "~'~' ~°~* ~"
FACSIMILE 407/278-4755 ~'&'~.~ ' -. D.%='~.
(407) 243-7090
MEMORANDUM
Date: December 10, 1992
To: City Commission
From: David N. Tolces, Assistant City Attorney~
Subject: Proposed Ordinance Amending Section 4.6.7(C)(5)
"Banners and Wind Signst and 4.6.7(E)(8) "Flaqs"
The attached ordinance amends Section 4.6.7(C)(5), "Banner
Signs and Flags". The existing ordinance also prohibits "wind
signs"; however, the amendment removes flags from this section
of the ordinance.
The regulation of flags will now be placed in Section
4.6.7(E)(8). The proposed ordinance will allow for three
flags, of any type, to be flown at all times on parcels less
than one acre. On parcels greater than one acre, one flag for
each '15,000 square feet would be permitted. Flags may not be
placed in rights-of-way, and if the flag size is greater than 3
square feet, a $10 permit must be obtained.
One exception to the ordinance is included for Independence
Day. One day prior to July 4th and one day after, property
owners may fly as many flags as desire. They must still submit
the required permit fee.
This ordinance replaces previous code provisions which are
presently being challenged. This office believes that the
proposed ordinance would likely withstand a constitutional
challenge. We therefore suggest adoption of this ordinance on
first reading with second reading on January 12, 1993.
Please call if you have any questions.
DNT:sh
cc: David Harden, City Manager -- [ID
Cheryl Leverett, Agenda Coordinatoruv [~ ~
Lula Butler, Director of Community Improvement
RATON~'DELRAY BOYNTON BEA£tt~' DFFREI~LD
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Boca Baton, Palm Beach County, Florida c~,, ~.,,. ,... ,,,. .....
PREVENTiOn; F~REWORKS' AND ~1~1~ OF THE Cl~ OF ~LRAY
TEA ~, 'FIRE SAFETY AND EMER. TtON ~.7 ~GN~", OF THE LAND
mG SECTIOS %16. 'CERTaiN THE CO~E OF CAdeNCES OF
ager of The News, daily newspapers pub- co~s ~oo~.~ ,~ ~.
lished
NANCES OF THE CFTY OF DELRAY 4~.7(C)(~ ~ANNER SIGNS AND
~on
~e~ch
CO,ES ~DOPTED BY REFER. 'BANNERS AND WIND SlGN~' TO
ENCE*, TO PROVIDE THAT UNh PR~I~ FOR THE PR~IBITI~
ment was published in said newspapers in ~o,~ m~ SAFETY CODES, ES- OF SANNE. S,ONS AND SIGNS
TABL)SH~D BY FLORIDA STAT- C~SJST~
MARSHAL RULES AS CONTAINED STR~ERS, .OR ~LL~S;
WITHIN FLORIDA ADM~NISTRA- ENACTING A NEW
TWE CODE RULE 4A, ALL AS
SHALL BE ~EVISED OR AMENDED 'F~G$', TO PR~IOE ~ LiMiT-
FRO~ Tt~E TO T(ME, AND CEA. lNG THE NUMBER OF F~ ON
TAIN MINIMUM NATIONAL FIRE ANY ONE PAR~L
SAFETY C00ES PRESCRIBED BY THREE F~GS, THE ~IMU~
THE NATIONAL FI~E PROTECTION SIZE OF F~GS, PR~IBITI~ THE
ASS~iATION (NFP~ AS AMEN~ P~CE~NT ~ F~S WITHIN
ED HEREIN, SHALL BE INCOR~ ~BLIC ~IGHT~Ay AgD TO
RATED WITHIN THE CITY'S CODE PROVIDE FOR THE P~ENT
OF ORDINANCES; PROVIDING OF
THAT A WO~TiON OF THE TIONAL ~LiDAY$; PROVIDING A
ABOVE-N~MEO CODES SHALL BE REPEALER C~USE; ~IDING
DEEMED A VIOLATION OF CITY A ~VINGS C~USE; PROVIDING
ORDINANCES IN ORDER TO EN- ANEFFECTIVEDATE,
MANCE THE ENFORCEABILITY OF
Affiant further says that The News is a ~,~ c0o~,. ,,o~,o,.o ~ o~,.
ViO~N5 A SAVING CLAUSE; PR~ ~ ~ t~ Ci~ C~ wiffire
Palm
Beach
second class matter at the post office in ,.o,o,.,.c~o~,,~c,,,c--~,ss~o, oF ,.~ o,, 0F OELRAY
BEACH, FLORIDA, ~END~NG. SEC.
~ooa
Palm
for a period of one year next preceding the ~ ~o~ o~ o.~,...c~s o~
~ OT~ OF OEL~AY 8EACH 8Y
first publication of the attached copy of .EP~ALi"G SU~SUBSECTION
tB.?{C)ID '~ANNER SIG~S AND
advertisement; and affiant further says that ~:A~r ~ ~,,C~O ' ~
SU~SU~SECT~O~ 4,6,7(C) (5), PUBLISh: ~e~ ~1,
paid nor promised any .,,,.E,s AND WIND SIGNS' TO THENE~
he
has
neither
PROVIDE FOR THE pROHIBITION
person, firm or corporation any discount, ~o.,,,~,.o o, ~o~,
,ANTS. RIBBONS. SPINNERS.
rebate, commission or refund for the put- ,,,~e,s, o, ,,~:~.,; ,,
ENACTING A NEW
lioation in said newspapers. ,,o THE NUMBER OF F~GS ON
THREE F~GS, THE ~XlMUM
p~CE~E~T OF F~GS W~THIN
PUbLiC R~GHT~F-WAY AHO TO
PROVIDE FOR THE p~CEMENT
OF F~GS DURING SPECIFIC N~
TONAL HOLIDAYS; PRO~O~ ~
REPEALER 'CLAUSE; PROVIDING
A SAVINGS C~USE; P~OVIDING
AN EFFECTIVE DATE.
Sworn to and subscribed before me this ~' ~" ~''' ''
P,S, ~.~1~,
THE
Commis