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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 E 0 3 d U a m 0 N _o L U N >; a co 3 z' m T N N e 0 A U m° N 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