Agenda Item 8E - Sign AmortizationAGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Sign Amortization
Jeremy Hubsch
Redevelopment and Zoning Coordinator
May 15, 2014
AGENDA ITEM# 8E
JUNE 9, 2014
BACKGROUND: In 2002, the City of Atlantic Beach re-wrote its sign code, which reduced the
maximum height for freestanding signs from 25 feet to 8 feet, increased the maximum sign width from 10
feet to 12 feet, and increased the maximum sign area from 80 square feet to 96 square feet. At the time
these changes were enacted in 2002, there were 79 freestanding signs that exceeded the eight-foot height
limit. These signs were then given ten years to come into compliance with the new code changes. In 2011
that ten year amortization period was extended to January 1st 2015 in order to be consistent with Neptune
Beach's amortization. One thing that was not contemplated at the time of that extension is the fact that the
date for Jacksonville's sign amortization for Mayport Road is 2018.
Sign amortization is sometimes described as more of a postponement than a solution. The legal theory
underpinning amortization is that the local government has placed the property owner on notice, and has
provided sufficient time for the property owner to realize a return on his or her investment so as to avoid a
deprivation of due process rights. Ultimately, amortization is a "balancing test" that weighs the private
cost against the public gain. In doing research, it appears that ten years is generally accepted as a
reasonable period to allow owners to realize the return on their initial sign investment. Numerous courts
in Florida and across the country have upheld a municipality's ability to regulate non-conforming signs
through the amortization process.
The code changes enacted in 2002 created situations where a sign would need to be replaced, such as:
abandonment, weather damage, alteration of more than 25% of materials (see Exhibit 1 for full list). Since
2002, the amount of non-conforming signs in Atlantic Beach has been reduced from 79 to 54. In that
same time period, 19 new free standing signs have been constructed that meet the eight foot height limits
and all other sign codes. Twelve of these signs are on Atlantic Boulevard and seven are on Mayport Road.
As you can see on the map in Exhibit 2, the majority of the new conforming signs on Atlantic Boulevard
are between Sailfish Drive and Aquatic Drive. Thirteen of fifteen signs between Seminole Drive and the
Town Center are non-conforming (Exhibit 3). On the Neptune Beach side of Atlantic Boulevard, there are
only five non-conforming signs between Seminole and the Town Center. Given property values in this
area and market demand, asking businesses to come into compliance may not be as difficult as it will be
on Mayport Road.
There are currently 29 nonconforming signs in the Atlantic Beach portion ofMayport Road. Staff was not
able to determine how many non-conforming signs there are in the city of Jacksonville portion of
Mayport Road. Based on visual analysis of the corridor, it is clear that the amount is substantial. The City
of Jacksonville's sign amortization for Mayport Road is not scheduled to occur until2018.
AGRNOA ITF.M II 8E
JUNE 9, 2UI 'l
Staff Recommendations: Staff has severa l rec o mmendations. The first is to sync amort ization up with
both Neptun e Beach and Jackso nville. Neptune Beach ex tend ed their s until the fa II of 20 14, while
Ja cksonv ill e's wi ll not occur un til 2018. This proposal me ans kee pin g th e sche dul ed 20 15 amortization
for Atlan ti c Blvd, whi le ex tending Mayport Road's unt il 2018 to match Jacksonv ill e's portion of the
corridor. If bus inesses o n both co rri dors are required to come into comp liance by January, 181 20 15 , it will
great ly exhaust staff resources and time. By staggering th e amorUzatio n, sta ff can foc us on Atlantic
Boulevard and then use that ex perience to work with businesses on th e Mayport Corridor to prepare for
20 18. There is also no denying that right now there is a major difference in terms of aest hetics, rent
ptices , and property va lu es between Atlantic Boulevard and Mayport Road. As the gateway to th e beach
and Town Ce nt er, the co mm ission may decide to ho lu Atlantic Boulevard to a hi gher standard than
Mayport Road.
In looking at how oth er municipalities have handl ed s ign amortization, it was found that the usc of
in ce ntive programs has great ly eased the conten ti ousness of th e process and speed their removal up . Staff
would like to ask for money in next yea r 's budget to create an incentive program for owners of non-
conformin g signs on Atlant ic Bou leva rd . Th is program co uld help offset the costs of re mova l/a lteration .
Genera ll y 50/50 matches are the standard for these typ es of programs. Staff estimates tha t ro ughly 8 of
the 25 non-confo rmin g signs on Atlantic Bou levard can be reduced by cutting th e sign pole, 2 can be
con·ected by minor alterations, and 8 throug h major a lterations. The remaining seven would likel y need
total replacement.
Extending the amort izat ion to 20 I 8 for Mayport, would also give staff time to try to create an incentive
program for non-co nfonnin g signs there and to start working proactively wi th businesses. There is the
possibility of using fu ture CDBG funds for a sign removal program. Additionally, the city may exp lo re
the creat ion of a CRA along the Mayport Road corridor, wh ich would be another mechan ism to fund an
incenti ve pro gram. Given the cut Tent market conditions, an d lack of a long tenn redevelopment plan, staff
be lieves it is in the bes t interest of all patties to delay amort ization to 20 18 for Mayport Road .
Staff wou ld also li ke to usc thi s opp ortunity to consi der making c hanges to th e sign code th at relate
speci fi ca ll y to amorti zat ion . One of those is lo create specific standards that would allow non-confom1ing
signs to be granted a waiver. Currently, £he code states that a waiver can be soug ht, but does not have
es tabli shed criteria for when one shou ld be granted. Another possib le cha nge is to require that non-
conforming signs come into compli ance when a subs tant ial redevelopment happens on a property.
Cu rren tly the code only requires a sig n come into co mpli ance if there are any changes to th e s ign itsel r,
but docs not require it when any other improvements occur on a property. If amortization is extended to
2018 along Mayport Road, thi s provision would cnsuJe more businesses come into compliance with sign
codes prior to the dead line.
BUDGET: None.
RECOMMENDATION: Request that taff drafl an ordi nance that amends the existi ng sign code
to exte nd amortiza tion to 2018 for Maypot1 Road; establis hes specific standards for the granting of
waivers; and requires non-conforming signs to come into compliance whe n subs tan tia l ren ova ti ons occur
on a property.
ATTACHMENTS: Existing non-conforming sig n code. Maps of cutTe11t non-confonning
signs and new co nforming signs .
REVIEWED BY CJTY MANAGER: _-:n--=-U---"'~ ....... a..-,-r;:...L...ldt~Wd""'-'>1::;"-----------
PART II -CODE OF ORDINANCES
Chapter 17-SIGNS AND ADVERTISING STRUCTURES
ARTICLE IV . NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS
ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS
Sec. 17-51 . Nonconforming signs .
Sec. 17-52. Reguests to waive ce rtain terms of this chapter
Sees . 17-53-1 7-60. Reserved .
Sec. 17~51. Nonconforming signs.
AGENDA ITEM 11 81~
JUNP-9.20 14
All signs, which were lawfully in existence and co nstructed or insta ll ed with properly issued sign
permits as of the effective date of these amended regulations, and which are made nonconforming by the
provisions herein s hall be allowed to remain in accordance with th e following cond itions:
(1) Freestanding signs, permitted pursuant to section 17-29 , made nonconforming upon the initial
effective date of these amended regulations, which are not in compliance only with respect to
the minimum required distance of five (5) feet from any property lines shall be allowed to remain
in the existing location provided that no portion of the s ign is located within any publicly owned
right-of-way or utility easement a nd that no interference with clear sight distance exists, and
further provided that such signs are otherwise In compliance with the terms of this chapter.
(2) Frees ta nding signs, permitted pursuant to section 17-29, made non conforming upon the initial
effective date of th ese amended regulation s, which are not in compliance with respect only to
maximum width , height or size shall be allowed to remain, provided that such signs a re
otherwise in compliance with the term s of this c hapter.
(3) Nonconformi ng signs, including those as described In preceding parag raphs (1) and (2) shall be
mad e conforming with all provisions of th is chapter when any of the following c hanges are
made:
a . Any change to the structural supports or stn.lctural m a te ria ls, including te mporary
relocation associated with routine main tenance of a property.
b . Any change which increases the ill umination .
c. Any change which in creases th e height of a sign .
d . Any c ha nge, which alters the material used for the display area or face area by more than
twenty-five (25) percent.
e . Any replacement required as the res ult of an accidental act or a weather-related act.
f . Any replacement of an aba ndoned sign.
g . Any c hange necessary for compliance with Florida Building Code requirem ents.
(4) The provisions of this section shall not be construed to apply to signs that are abandoned,
deteriorated , dilapidated, or in a general state of disrepair, or which are determined to create a
hazard to public safety. Such signs shall be subject to the provisions of section 17-33
(5) Notwithsta nding the preceding provisions of paragraph s (1) through (4), all signs pe rmitted
within commercial and industrial zo ning districts, pursuant to section 17-6 of th is chapter, shall
be made to confo r m with the provis io ns of this c hapter, as may be amended on or before
January 1, 2015.
(Ord Nt > GO-n2-12 . § l.. 9-9-0:>, O rd No 60 03-13, § 2, rl24 03: Orct No G0 ·11·1G, f;l 1U 10 11)
Atlantic Bea ch, Florida, Code of Ordinances Page 1
PART II-CODE OF ORDINANCES
Chapter 17-SIGNS AND ADVERTISING STRUCTURES
ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS
Sec. 17-52. Requests to waive certain terms of this chapter.
AGENDA ITEM# 8E
JUNE 9, 2014
Requests to waive terms of this chapter may be made upon specific application to the city
commission, with proper public notice required, provided that no waiver shall be requested that would
allow a prohibited sign, or any otherwise unlawful sign. The applicant requesting such waiver shall have
the burden of demonstrating the need for the requested waiver, and that the waiver is not in conflict with
the intent of this chapter. The terms of any waiver to the provisions of this chapter shall be established by
order of the city commission.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sees. 17-53-17-60. Reserved.
Atlantic Beach, Florida, Code of Ordinances Page 2
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New Conforming Signs
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AGENDA ITEM II 8E
J UN E 9, 20 14
Legend
0 New Conforming Signs
AGENDA ITEM II 8E
JUNE 9, 20 14
Non -conforming He ight and Setback Signs
Non-conforming Height Signs