Item 8A Sign AmortizationAGENDA ITEM:
SUBMITTED BY:
DATE:
BAC KGROUND :
C ITY OF ATLANTIC BEACH
CITY COMMISS ION MEETING
STAFF REPORT
Sig n Amort izati on
Jere my Hub sch /b
Build ing and Zoning Direc tor 7 n
April 26, 20 15
A<.:ENOA fT ~M H SA
MAY 11,2015
T he C ity's s ign co de ori gina ll y stated t hat a ll non-confo rmin g sig ns were to come into
co mp lianc e by Janum y I, 20 15. ln Dece mb er of20 14 , the dead li ne was cha nged to Ju ne 1, 20 15
in order to ex plo re creatin g a va ri a nce p rocess and furth er eva lua te th e co de. Staff has co n d ucted
researc h of oth er muni c ip al codes U1a t have sign va ri a nce processes an d has crea ted a va riance
pro cess for non-conforming signs that can prove compl ying w ith th e co de is a hard s hip. Th e
proposed variance p rocess estab li shes a mec hani sm for non-co nfo rmin g signs to remain in pl ace
Jfthey ca n meet cert ain criteria. Ad diti on a ll y, th e var iance process c rea tes th e abi li ty fo r th e ci ty
to a ll ow an increa se in the s ize of wa ll s ig ns a bu sin ess ca n have in exchange fo r th e remova l of a
no n-conforming sign .
Staff is a lso reco mm endin g th at t he c ity ex tend th e dat e for s ig n. a morti zation to November I ,
2 018 for th e May pol't Road corridor in o rd er to co in cid e w ith s ign amort iza ti on in the cit y of
J acksonv ill e portion of the May port Road Corrid or. A t th e ir Ma rc h 17,201 5 meeting , the
Co mmunity Developm ent Boa rd voted 5-0 to require curr e nt non-co nfo rm ing signs to co me into
comp li ance startin g on June 1, 20 15 on Atl anti c Bo ul eva rd and extendin g amorti zat io11 to
Novern ber 2 0 18 lb r1.h e Maypo ti Road Co tTidor.
BUDGET: No ne.
R ECOMMEN DATION : Di rec t staff to d raft an amended Sign O rd in ance
ATTACH MENTS: Pl'op osed Sig n Ord in ance, ema il from CO J Zo nin g rega rdin g
Mayport Road A mortiza tion.
REVIEWED BY C ITY MANAGER:
ORDINANCE NO. 60-15-?
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 17, ARTICLE IV,
SECTION 17-51 OF THE CODE OF ORDINANCES, SIGNS
AND ADVERTISING STRUCTURES, TO EXTEND THE
DATE FOR COMPLIANCE WITH SIGN REGULATIONS
TO JANUARY 1, 2018 FOR MAYPORT ROAD AND
CREATING A VARIANCE PROCESS FOR NON-
CONFORMING SIGNS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM# SA
MAY 11,2015
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is
necessary to amend Chapter 17, Aliicle IV, Section 17-51 of the Atlantic Beach Code of
Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Section 17-51 of the Code of Ordinances,
specifically the Signs and Advertising Structures, of the City of Atlantic Beach, Florida, 1s
hereby amended to read as follows:
Sec. 17-51. Nonconf01ming Signs
(5)
A. Notwithstanding the preceding provisions of paragraphs (1)
through ( 4), all signs permitted within the commercial and
industrial zoning districts along Atlantic Boulevard, pursuant to
section -l---7-{} 17-29 of this chapter, shall be made to conform with
the provisions of this chapter as may be amended on or before
Janum·y 1, 2015 June 1, 2015.
B. Notwithstanding the preceding provisions of paragraphs (1)
through ( 4), all signs permitted within the commercial and
industrial zoning districts along Mayp01i Road, Levy Road, and
Main Street, pursuant to section 17-29 of this chapter, shall be
ORDINANCE NO. 60-15-?
Page I of3
made to conform with the provisions of this chapter as may be
amended on or before November 1, 2018.
(6). Hardship cases
AGENDA ITEM #SA
MAY 11,2015
a. Whenever the location, topography or configuration of any lot is such that the
removal of an existing non-conforming sign will cause a hardship due to sight
distances, existing vegetation, location of buildings on adjacent lots, and/or
insufficient area to locate a monument sign; the Community Development
Board may grant a variance, to allow the non-confmming sign to remain, or to
increase the amount of fascia sign area by not more than 25 percent in
exchange for the removal of the non-conforming sign.
b. No variance shall be approved by the Community Development Board unless
it is found:
(1) That the strict application of this section would cause undue hardship.
(2) That such hardship is not shared generally by other prope1iies in the same
vicinity.
(3) That the issuance of the variance will not be of substantial detriment to
adjacent property and that the character of the area will not be changed by the
granting of the variance.
(c) Any variance granted shall be limited to the applicant only, and shall not
apply to any future tenant or business.
SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance, then the provisions of this ordinance shall govern.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining pmiions of this ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PAS SED by the City Commission on first reading this 11th day of May 2015.
PAS SED by the City Commission on second and final reading this 26th day of
May 2015.
ORDINANCE NO. 60-15-?
Page 2 of3
ATTEST:
DONNA L. BARTLE,
City Clerk
CAROLYN WOODS,
Mayor, Presiding Officer
Approved as to form and conectness:
RICHARD KOMANDO,
City Attorney
ORDINANCE NO. 60-15-?
Page 3 of3
AGENDA ITEM# 8A
MAY 11,2015
Hubsch, Jeremy
From:
Sent:
To:
Subject:
Jerem y, FYI
Mike G.
Griffin , Michael
Tuesday, February 25, 2014 4 :34PM
Hubsc h, Jeremy
FW: Sign c od e am orti zation
From: Ke lly, Sean [mailto:SKELLY@coJ.net]
Sent: Tuesday, February 25, 2014 4:24PM
To: Lewek, Tad; Griffin, Mi cha el
Subject: RE: Sign code amortization
Michae l,
AGENDA ITEM# 8A
MAY 11,20 15
If the sig n w as lega lly permit t ed prior No vember 2008 then it can re m ain unti l Novem ber 2018. If t he sig n was non-
co nform ing at the t ime of adoption of Pa rt 13 Sign Regu latio ns {March 1987) then it was requ ired to be brought into
co mpl iance by March 11, 1993 or Ju ly 30, 1997 . The overlay did not ext e nd the am ortiza t io n period for sig ns a lready
non -co nforming at the time of adoption of the overlay, except for signs that were l ega ll y permitted prior to th e overlay
or perm itted since the previo us am o rtization sc hedule had elapsed in July 1997.
If it is non-co nformi ng and was neve r perm itted it is su bj ect to be ing iss ued a citation.
Re gards,
Sean N. Ke lly, AICP
Zo ning Admin ist r ato r
From: Lew ek, Tad
Sent: Tuesday, February 25, 2014 3:27 PM
To: Griffin, Michael
Cc: Kelly, Sea n
Subject: RE: Sign cod e amortization
Michae l, as w e discussed the nonconforming signs a nd Ord . for M aypo rt incl. overlays and M ayport Rd. is
enco mpasse d by no . o f ordinances. After a brief m eeting with Mr. Sean Ke lly to di scuss your qu est ion, I'm
forwarding your inquiry for a direct reply from Zoni ng, Mr. Sea n Ke ll y more specific and detai led.
Best Regards,
Tcwl Z . Lewe~, PX BN
Pl an Examiner
City of Jacksonville Bui lding Department
214 N. Hogan St . Room 251
Jacksonville, Fl ori da 32202
Phone: 904.255.8517
See our web site for updates and information
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