Ord 13-08~~
,~
ORDINANCE NO. 13-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
BY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7(FI), "EXEMPT
SIGNS", IN ORDER TO INCLUDE "SPONSORSHIP SIGNS" AS A NEW
CATEGORY OF "TEMPORARY SIGNS" ALLOWED WITHIN THE CITY OF
DELRAY BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on February 25, 2008 and voted 7 to 0 to recommend that the
changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Boazd, sitting as
the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach desires to allow temporary signs on
outfield fences at all ball fields within the City of Delray Beach during the Little League season in order to
help promote community unity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.6.7, "Signs", Subsection 4.6.7(FI), "Exempt Signs", of the Land
Development Regulations of the City of Dekay Beach, Florida, are hereby amended to read as follows:
(10) Temporary Signs:
(a) Temporary Non-Commercial Signs
Temporary non-commercial signs may be placed on public rights-of-
ways contiguous to private property. Such signs shall not be placed
in medians ox on portions of rights-of--way contiguous to publicly
owned property.
~~
2. Each temporary non-commercial sign within a public right-of--way
shall be removed within ten (10) days after the date of event, election
ox referendum. If said signs are not removed prior to the expiration
of the ten (10) day period, the sign shall constitute an abandoned sign
and the City shall remove the sign.
3. No temporary non-commercial sign shall exceed twelve square feet
(12 sq. ft.) per sign face in area on any private lot or pazcel. Signs
may not be placed in a location that constitutes a safety hazazd or
hindrance to pedestrian ox vehiculaz traffic.
4. Any temporary non-commercial sign in the public right-of--way shall
not exceed three square feet (3 sq. ft.). No temporary non-
commercial sign shall be placed on any public property. Signs may
not be placed in a location that constitutes a safety hazazd or
hindrance to pedestrian or vehicular traffic.
(bl S~onsotshiF Suns
1. Sponsorship signs may be attached to the inside face of the outfield
fence at any ball field within the City from Mazch ls' throueh
December ls~ each yeaz.
2. Any sponsorship signs remaining for more than ten (10) days after
3 Each sponsorship Bien shall not exceed thirty-two square feet (32 so
f
c 'on 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word bedeclared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole ox part thereof other than the part declared to
be invalid.
Section 3. That all ordinances ox parts of ordinances in conflict herewith be, and the same aze
hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on second
and final reading.
2 ORD. NO. 13-08
/,
1
PASSED AND ADOPTED in regular session on second and final reading on this 1s~ day of April,
2008.
ATTEST:
City Clerk Q
First Readin ~ ~~ ~ Off/
Second Readin ~ ~ b
~.~~ ~~
MAYOR
ORD. NO. 13-OS
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terrill C. Pyburn, Assistant City Attorney
THROUGH: Susan A. Ruby, City Attorney
DATE: March 21, 2008
SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF APRIL 1, 2008
ORDINANCE 13-08 (SECOND READING/SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
Temporary Sponsorship Sign Ordinance No. 13-08.
This temporary sponsorship sign ordinance is proposed in order to help effectuate the merger of two
little leagues by allowing sponsorship signs to be placed on the inside of the outfield during season in
order to assist with funding of the new joint Little League, yet the ordinance is restrictive as to location
and duration in order to prevent wholesale sign clutter in the City.
At first reading, first public hearing, there were two (2) ordinances proposed and the City Commission
voted to go forwazd with the alternate version, which addressed concerns of the Planning and Zoning
Boazd by extending the time that the signs could be up to match the Little League season. The
"alternate" version of Ordinance 13-08 is before you now for second reading, second public hearing.
RECOMMENDATION
City Commission discretion.
Alternative ORDINANCE N0.13-OS
AN ORDINANCE OF THE CITY COMIvIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.7,
"SIGNS", SUBSECTION 4.6.7(I~, "EXEMI'T SIGNS", IN ORDER TO
INCLUDE "SPONSORSHIP SIGNS" AS A NEW CATEGORY OF
'TEMI'ORARY SIGNS" ALLOWED WITHIN THE QTY OF DELRAY
BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuarrt to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text acrendment at a public hearing held on February 25, 2008 and voted 7 to 0 to recommend that the chaz~s
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has detemvned that the change is consistent with and furtlxns the goals, objectives and
policies of the Comprel~.sive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the
Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach desires to allow temporary Signs on
outfield fences at all ball fields within the City of Delray Beach during the Little League season in order to help
promote commurrity unity.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THIi QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.6.7, "Signs", Subsection 4.6.7(I~, "Exempt Signs", of the Land
Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows:
(10) Temporary Signs:
(a) Temporary Non-Commercial Signs
1. Temporary noncommercial signs may be placed on public rights-of-
weys contiguous to private property. Such signs shall not be placed in
medians or on portions of rights-of-woy contiguous to publicly owned
ProP~y
2. Each temporary non-corruxierrial sign within a public right-of-way shall
be rermved within ten (10) days after the date of event, election or
referendum If said signs are not removed prior to the expiration of the
ten (10) day period, the sign shall constitute an abandoned sign and the
City shall remove the sign.
3. No terr~orary non-commercial sign shall exceed tc~elve square feet (12
sq. ft.) per sign face in area on any private lot or parcel Signs may not
be placed in a location that constitutes a safety hazard or hindrance to
pedestrian or vehicular traffic.
4. Any temporarynon-comcretrial sign in the public right-of-way shall not
exceed three square feet (3 sq. ft.). No temporarynon-conur>ercial sign
shall be placed on any public property. Signs may not be placed in a
location that constitutes a safety hazard or hindrance to pedestrian or
vehicular traffic.
(~) Sponsors Sig~rs
1~
3. Each soonsoxshirsierr shall not exceed thir~~~rate feet (~~. ft.).
Section 2• That should any section or provision of this ordinance or any porhion 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 3• That all ordinances or parts of ordinances in conflict herewith be, and the same are
Y ~
Section 4. That this ordinance shall become effective irmr~ec6ately upon its passage on second and
final reading.
2 ORD. NO. 13-08
PASSED AND ADOPTED in regiilar session on second and final reading on this the _ day of
2008.
ATTEST'
MAYOR
CityQerk
First Reading
Second
ORD. NO. 13-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: March 13, 2008
SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 18 2008
ORDINANCE NO. 13-08 (FIRST READING/FIRST PUBLIC HEARINGI
ITEM BEFORE COMMISSION
Amendment to the Land Development Regulations (LDRs) to Section 4.6.7 (H) "Exempt Signs",
pursuant to LDR Section 2.4.5(M).
Historically, there have been two sepazate Little League organizations operating within the City of
Delray Beach. These two operations have recently agreed to merge as one organization with the goal of
providing the best program for all residents of Delray Beach. During discussions related to this merger,
the difficulties of maintaining and adequately funding the associated budget were highlighted.
Sponsorship and related advertising opportunities at the ball fields themselves provide a unique
opportunity to creatively generate this needed revenue. These proposed amendments to the sign code
will provide this option while being sufficiently restrictive to prevent wholesale sign clutter in the City.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Plan, it is not inconsistent with them.
REVIEW BY OTHERS
The Planning and Zoning Boazd considered the amendments at its February 25, 2008 meeting and
recommended some changes. These are included in an alternate ordinance which is also before the
Commission. The Planning and Zoning alternate ordinance addresses comments made by the Board that
the signs should be allowed to stay up year round for those supporters that desire repeat sponsorship
from one year to the next. This modified ordinance effectively eliminated the month off (time during
which signs are to be removed) between July 31 and September 1st. However, this alternate ordinance
requires the signs to come down from December 1st until Mazch 1st each year to allow this type of
advertising to fit into the category of "temporary signs".
The Board unanimously recommended approval 7-0, of the alternate ordinance by adopting the findings
of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan.
RECOMMENDATION
By motion, approve the amendment (alternate version of Ordinance 13-08) to the Land Development
Regulations Section 4.6.7 "Signs", to allow temporary sponsorship signs on ball fields during specific
times of the year, by adopting the findings of fact and law contained in the staff report and finding that
the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations.
ORDINANCE NO. 13-08
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.7,
"SIGNS", SUBSECTION 4.6.7(I-~, "EXEMPT SIGNS", IN ORDER TO
INCLUDE "SPONSORSHIP SIGNS" AS A NEW CATEGORY OF
'"TEMPORARY SIGNS" ALLOWED WITHIN THE QTY OF DELRAY
BEACH; PROVIDING A SAVING Q.AUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursttivlt to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on February 25, 2008 and voted 7 to 0 to recoirurend that the changes
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has detetnwled that the change is consistent with and furthers the goals, objectives and
policies of the Comprehensive Plan; and
WHEREAS, the Qty Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the Qty Coininission of the Qty of Delray Beach finds the ordinance is consistent wrath the
Comprehensive Plan; and
WHEREAS, the Qty Conunission of the Qty of Delray Beach desires to allow temporary signs on
outfield fences at all ball fields wdthin the Qty of Delray Beach during the Little League season in order to help
promote community unity.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
tion 1. That Section 4.6.7, "Signs", Subsection 4.6.7(I3), "Exempt Signs", of the Land
Development Regulations of the Qty of Delray Beach, Florida, are hereby amended to read as follows:
(10) Temporary Signs:
(a) Temporary Non-Commercial Signs
Temporary non corrurercial signs may be placed on public rights-of-
ways contiguous to private property Such signs shall not be placed in
medians or on portions of rights-of-way contiguots to publicly owned
property.
2. Each temporary non-conni~cial sign within a public rift-of-way shall
be removed within ten (10) days after the date of event, election or
referendum If said signs are not removed prior to the expiration of the
ten (10) day period, the sign shall constitute an abandoned sign and the
City shall remove the sign.
3. No temporary non commercial sign shall exceed twelve sgr~are feet (12
sq. ft.) per sign face in area on any private lot or parcel. Signs may not
be placed in a location that constitutes a safety hazard or hindrance to
pedestrian or vehicuar traffic.
4. Any temporary noncomrrercial sign in the public right-of-way shall not
exceed three square feet (3 sq. ft.). No temporary non comrrgrcial sign
shall be placed on any public property. Signs may not be placed in a
location that constitutes a safety hazard or hindrance to pedestrian or
vehicular traffic.
(bl Sponsorship Signs
3. E ach sponsorship sial shall not exceed thirt~twa square feet (32 sq. ft.~:
lion 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declaroed 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed
Section 4. That this ordinance shall become effective immediately upon its passage on second and
final reading.
ORD. NO. 13-08
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2008.
ATTEST
MAYOR
CityQerk
First Reading
Second Reading
ORD. NO. 13-08
Alternative ORDINANCE NO. 13-08
AN ORDINANCE OF THE QTY COMIVIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.7,
"SIGNS", SUBSECTION 4.6.7(I3), "EXEMPT SIGNS", IN ORDER TO
INCLUDE "SPONSORSHIP SIGNS" AS A NEW CATEGORY OF
'"TEMPORARY SIGNS" ALLOWED WITHIN THE QTY OF DELRAY
BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text arrresrdmerrt at a public hearing held on February 25, 2008 and voted 7 to 0 to recomrrend that the changes
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has detemunecl that the change is consistent with and furthers the goals, objectives and
policies of the Comprehensive Plan; and
WHEREAS, the Qty Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Comrrriasion of the City of Delray Beach finds the orrlinance is consistent with the
Comprehensive Plan; and
WHEREAS, the Qty Commission of the Qty of Delrny Beach desires to allow temporary signs on
outfield fences at all ball fields wnthin the Qty of Delray Beach during the Little League season in order to help
promote community unity.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMIVIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
ti n 1. That Section 4.6.7, "Signs", Subsection 4.6.7(H), "Exempt Signs", of the Land
Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows:
(10) Temporary Signs:
(a) Temporary Non-Commercial Signs
1. Temporary non-commercial signs may be placed on public rights-of-
ways contiguous to private property. Such signs shall not be placed in
medians or on portions of rights-of-way contiguous to publicly owned
Prol~3'•
2. Each temporary non-coirurencial sign within a public right-of-way shall
be removed within ten (10) days after the date of event, election or
referendum. If said signs are not removed prior to the expiration of the
ten (10) day period, the sign shall constitute an abandoned sign and the
City shall remove the sib.
3. No temporary non-coirurercial sign shall exceed t~lve square feet (12
sq. ft.) per sign face in area on any private lot or parcel. Signs may not
be placed in a location that constitutes a safety hazard or hindrance to
pedestrian or vehicular traffic.
4. Any temporary non-commercial sign in the public right-of-way shall not
exceed thine square feet (3 sq. ft.). No temporary non-commrcial sign
shall be placed on any public property. Signs may not be placed in a
location that constitutes a safety hazard or hindrance to pedestrian or
vehicular traffic.
(bl Sponsorship Signs
1~ each yEar.
removed by the City
3 Each sponsorship sign shall not exceed thirt~twa square feet (32 sq ft)_
lion 2. 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 3. 'T'hat all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed
lion 4. That this ordinance shall become effective immediately upon its passage on second and
final readu1g.
ORD. NO. 13-08
PASSED AND ADOPTED in n~ilar session on second and final reading on this the day of
2008.
ATTEST
MAYOR
CityQerk
Fast Reading
Second Reading
ORD. NO. 13-08
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS IN
ORDER TO INCLUDE
"SPONSORSHIP SIGNS" AS A NEW
CATEGORY OF "TEMPORARY
SIGNS" ALLOWED WITHIN THE
CITY OF DELRAY BEACH
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA,AMENDINGTRE LAND DEVELOPMENT REGULATIONS
BY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7{H), "EXEMPT
SIGNS', IN ORDER TO INCLUDE "SPONSORSHIP SIGNS" AS A NEW
CATEGORY OF "TEMPORARY SIGNS' ALLOWED WITHIN THE CITY OF
DELRAY BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
The City Commission will cornluct two (2) Public Headngs for the purse of
accepting public testmony regarding the proposed ordinance. The first PubYc
Hearing wilt be held on MARCH 18.2008. AT 7:00 P.M. in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the
proposed ordinance is passed on f rst reading, a second Public Hearing will be
held on TUESDAY. APRIL 1.2008. AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission) in the Commission Chambers at City
Ha11, 100 N.W. 1st Avenue, Delray Beach, Flodda.
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in vrtifing on or before
the date of those hearings to the Planning and Zonirg Department. For further
informafion or to obtain a copy of the proposed ondinance, please contact the
Planning and Zoning Department, City HaO, 100 N.W. 1st Avenue, Delray
Beach, Flodda 33444 (email at pzmail@mydekaybeach.com) or by calling
5611243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
Please be advised that if a person decides to appeal any decision made by the
City Commission with respect to any matterconsidered at these hearings,such
person may need to ensure that a verbatim recoM inGudes the testimony and
evidence upon which the appeal is to be based. The City does not provide nor
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Monday, March 10, 2008
Tuesday, March 25, 2008
Boca Raton(Delray Beach News