04-27-20 Commission Workshop agenda packetCity of Atlantic Beach
Agenda
Commission Workshop
Monday, April 27, 2020 - 5:30 p.m.
via Videoconference
Page(s)
CALL TO ORDER
1.TOPIC: PROPOSED SIGN CODE
1.A.Discuss the Proposed Sign Code – Ordinance No. 60-20-21.
Ordinance No. 60-20-21 - Staff Report
Ordinance 60-20-21 with Exhibit A
Ordinance No. 60-20-21 - Sign Code Update Presentation
3 - 68
2.PUBLIC COMMENT
Notice and Instructions for public viewing and commenting 69 - 70
ADJOURNMENT
Please note: This meeting will be live-streamed and videotaped. The video recording will be posted
within four business days on the City's website at www.coab.us. To access it, click on the Meeting
Videos tab on the home page or contact the City Clerk at 247-5809 or dbartle@coab.us.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk’s Office by 5:00 PM, the Friday prior to the meeting.
Page 1 of 70
Page 2 of 70
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m?mweWmEeeemgm8manm<m1meooooze:88omom:Oomo.Agenda Item #1.A.27 Apr 2020Page 3 of 70
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Agenda Item #1.A.27 Apr 2020Page 4 of 70
01278903-2
ORDINANCE NO. 60-20-21
AN ORDINANCE RELATING TO SIGNS; PROVIDING FOR FINDINGS; PROVIDING
FOR THE REPEAL OF THE EXISTING ATLANTIC BEACH SIGN CODE CODIFIED
AS CHAPTER 17 OF THE ATLANTIC BEACH CODE OF ORDINANCES;
PROVIDING FOR THE ADOPTION OF A NEW ATLANTIC BEACH SIGN CODE,
ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF, TO REPLACE
THE CURRENT CHAPTER 17 OF THE ATLANTIC BEACH CODE OF
ORDINANCES; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR NONCOMMERCIAL SIGNS AND MESSAGES; PROVIDING FOR
EXEMPT SIGNS; PROVIDING FOR GENERAL PROVISIONS APPLYING TO ALL
PERMITTED SIGNS; PROVIDING FOR SIGNS PERMITTED IN RESIDENTIAL
ZONING DISTRICTS; PROVIDING FOR SIGNS PERMITTED IN COMMERCIAL
AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR SIGNS WITHIN
SPECIAL PURPOSE AND SPECIAL PLANNED AREA ZONING DISTRICTS;
PROVIDING FOR SIGNS WITHIN CONSERVATION ZONING DISTRICTS;
PROVIDING FOR SIGNS PLACED ON PUBLIC BUILDINGS AND STRUCTURES
WITHIN PUBLIC PARKS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING
FOR REMOVAL OF UNSAFE, DAMAGED OR POORLY MAINTAINED, AND
ABANDONED SIGNS; PROVIDING FOR PROHIBITED SIGNS AND DEVICES;
PROVIDING FOR NONCONFORMING SIGNS; PROVIDING FOR VARIANCES;
PROVIDING FOR PERMITS REQUIRED; PROVIDING FOR APPLICATIONS;
PROVIDING FOR CALCULATION OF PERMITTED SIGN SIZE; PROVIDING FOR
FEES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION AND
SCRIVENER’S ERRORS; PROVIDING FOR APPLICABILITY; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
RECITALS
WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to
update and revise Chapter 17, Signs and Advertising Structures (at times referred to herein as the
“Sign Code”), of the City’s Code of Ordinances;
WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to
delete sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses,
sentences, phrases, words, and provisions of the existing ordinance which are obsolete or
superfluous, and/or which have not been enforced, and/or which are not enforceable, and/or
which would be severable by a court of competent jurisdiction;
WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to
ensure that the Sign Code is in compliance with all constitutional and other legal requirements;
WHEREAS, the City of Atlantic Beach finds and determines that the purpose, intent and
scope of its signage standards and regulations should be detailed so as to further describe the
beneficial aesthetic and other effects of the City's sign standards and regulations, and to reaffirm
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01278903-2 2
that the sign standards and regulations are concerned with the secondary effects of speech and
are not designed to censor speech or regulate the viewpoint of the speaker;
WHEREAS, the City of Atlantic Beach finds and determines that the limitations on the
size, height, number, spacing, and setback of signs, adopted herein, are based upon sign types;
WHEREAS, the City of Atlantic Beach finds and determines that limitations on signs are
related to the zoning districts for the parcels and properties on which they are located;
WHEREAS, the City of Atlantic Beach finds and determines that various signs that
serve as signage for particular land uses, such as drive-through lanes for businesses, are based
upon content-neutral criteria in recognition of the functions served by those land uses, but not
based upon any intent to favor any particular viewpoint or control the subject matter of public
discourse;
WHEREAS, the City of Atlantic Beach finds and determines that the sign standards and
regulations adopted hereby still allow adequate alternative means of communications;
WHEREAS, the City of Atlantic Beach finds and determines that the sign standards and
regulations adopted hereby allow and leave open adequate alternative means of communications,
such as newspaper advertising and communications, internet advertising and communications,
advertising and communications in shoppers and pamphlets, advertising and communications in
telephone books, advertising and communications on cable and satellite television, advertising
and communications on UHF and/or VHF television, advertising and communications on AM
and/or FM radio, advertising and communications on satellite and internet radio, advertising and
communications via direct mail, and other avenues of communication available in the City of
Atlantic Beach [see State v. J & J Painting, 167 N .J. Super. 384, 400 A.2d 1204, 1205 (Super.
Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469,
477 (1989); Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007); Naser Jewelers v.
City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st
Cir. 2007); La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006); Ordinance No.
20 15-8065 Page 2 Reed v. Town of Gilbert, Ariz., 587 F.3d 966, 980-981 (9th Cir. 2009), aff'd
in part & remanded in part on other grounds, 832 F. Supp. 2d 1070, aff'd, 707 F.3d 1057, 1063
(9th Cir. 2013), cert. granted, 134 S. Ct. 2900 (2014), rev'd on other grounds & remanded, 135
S. Ct. 2218 (2015).];
WHEREAS, the City of Atlantic Beach finds and determines that the provisions of
Chapter 17 (Sign Code), City of Atlantic Beach Code of Ordinances, that replace the current
Chapter 17 are consistent with all applicable policies of the City's adopted 2030 Comprehensive
Plan;
WHEREAS, the City of Atlantic Beach finds and determines that these amendments are
not in conflict with the public interest;
WHEREAS, the City of Atlantic Beach finds and determines that these amendments will
not result in incompatible land uses;
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01278903-2 3
WHEREAS, the City of Atlantic Beach recognizes that under established Supreme Court
precedent, a law that is content-based is subject to strict scrutiny under the First Amendment of
the U.S. Constitution, and such law must therefore satisfy a compelling governmental interest;
WHEREAS, the City of Atlantic Beach recognizes that under established Supreme Court
precedent, a compelling government interest is a higher burden than a substantial or significant
governmental interest;
WHEREAS, the City of Atlantic Beach recognizes that under established Supreme Court
precedent, aesthetics is not a compelling governmental interest but is a substantial governmental
interest;
WHEREAS, the City of Atlantic Beach recognizes that until a recent Supreme Court
decision released in June 2015, there had not been clarity as to what constitutes a content-based
law as distinguished from a content-neutral law;
WHEREAS, the City of Atlantic Beach recognizes that in Reed v. Town of Gilbert, Ariz.,
-U .S.-, 135 S. Ct. 2218, (2015), the United States Supreme Court, in an opinion authored by
Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayer,
addressed the constitutionality of a local sign ordinance that had different criteria for different
types of temporary noncommercial signs;
WHEREAS, the City of Atlantic Beach recognizes that in Reed, the Supreme Court held
that content-based regulation is presumptively unconstitutional and requires a compelling
governmental interest;
WHEREAS, the City of Atlantic Beach recognizes that in Reed, the Supreme Court held
that government regulation of speech is content based if a law applies to particular speech
because of the topic discussed or the idea or message expressed;
WHEREAS, the City of Atlantic Bach recognizes that in Reed, the Supreme Court held
that even a purely directional message, which merely gives the time and location of a specific
event, is one that conveys an idea about a specific event, so that a category for directional signs
is therefore content-based, and event-based regulations are not content neutral;
WHEREAS, the City of Atlantic Beach recognizes that in Reed, the Supreme Court held
that if a sign regulation on its face is content-based, neither its purpose, nor function, nor
justification matter, and the sign regulation is therefore subject to strict scrutiny and must serve a
compelling governmental interest;
WHEREAS, the City of Atlantic Beach recognizes that in Reed, Justice Alito in a
concurring opinion joined in by Justices Kennedy and Sotomayer pointed out that municipalities
still have the power to enact and enforce reasonable sign regulations;
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01278903-2 4
WHEREAS, the City of Atlantic Beach recognizes that Justice Alito in the concurring
opinion joined in by Justices Kennedy and Sotomayer provided a list of rules that would not be
content-based;
WHEREAS, the City of Atlantic Beach recognizes that Justice Alito noted that these
rules, listed below, were not a comprehensive list of such rules;
WHEREAS, the City of Atlantic Beach recognizes that Justice Alito included the
following rules among those that would not be content-based: (1) rules regulating the size of
signs, which rules may distinguish among signs based upon any content-neutral criteria such as
those listed below; (2) rules regulating the locations in which signs may be placed, which rules
may distinguish between freestanding signs and those attached to buildings; (3) rules
distinguishing between lighted and unlighted signs; (4) rules distinguishing between signs with
fixed messages and electronic signs with messages that change; (5) rules that distinguish
between the placement of signs on private and public property; (6) rules distinguishing between
the placement of signs on commercial and residential property; (7) rules distinguishing between
on-premises and off-premises signs [see discussion in Memorandum dated September 11, 2015
from Lawrence Tribe to Nancy Fletcher, President, Outdoor Advertising Association of America,
re Applying the First Amendment to Regulations Distinguishing Between Off-premises and On-
premises Signs After Reed v. Town of Gilbert]; (8) rules restricting the total number of signs
allowed per mile of roadway; and (9) rules imposing time restrictions on signs advertising a
onetime event, where rules of this nature do not discriminate based on topic or subject and are
akin to rules restricting the times within which oral speech or music is allowed;
WHEREAS, the City of Atlantic Beach recognizes that Justice Alito further noted that in
addition to regulating signs put up by private actors, government entities may also erect their
own signs consistent with the principles that allow governmental speech [see Pleasant Grove
City, Utah v. Summum, 555 U.S. 460, 467-469 (2009)], and that government entities may put up
all manner of signs to promote safety, as well as directional signs and signs pointing out historic
sites and scenic spots;
WHEREAS, the City of Atlantic Beach recognizes that Justice Alito noted that the Reed
decision, properly understood, will not prevent cities from regulating signs in a way that fully
protects public safety and serves legitimate esthetic objectives, including rules that distinguish
between on-premises and off-premises signs;
WHEREAS, the City of Atlantic Beach recognizes that as a result of the Reed decision,
it is appropriate and necessary for local governments to review and analyze their sign standards
and regulations, beginning with their temporary sign standards and regulations, so as to make the
necessary changes to conform with the holding in Reed;
WHEREAS, the City of Atlantic Beach recognizes that under established Supreme Court
precedent, commercial speech may be subject to greater restrictions than noncommercial speech
and that doctrine is true for both temporary signs as well as for permanent signs;
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01278903-2 5
WHEREAS, the City of Atlantic Beach finds and determines that under Florida law,
whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act
will be permitted to stand provided: (1) the unconstitutional provisions can be separated from the
remaining valid provisions; (2) the legislative purpose expressed in the valid provisions can be
accomplished independently of those which are void; (3) the good and the bad features are not so
inseparable in substance that it can be said that the legislative body would have passed the one
without the other; and (4) an act complete in itself remains after the valid provisions are stricken
[e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)];
WHEREAS, the City of Atlantic Beach finds and determines that there have been
several judicial decisions where courts have not given full effect to severability clauses that
applied to sign regulations and where the courts have expressed uncertainty over whether the
legislative body intended that severability would apply to certain factual situations despite the
presumption that would ordinarily flow from the presence of a severability clause;
WHEREAS, the City of Atlantic Beach finds and determines that the City has
consistently adopted and enacted severability provisions in connection with its ordinance code
provisions; and the City wishes to ensure that severability provisions apply to its land
development regulations, including its sign standards;
WHEREAS, the City of Atlantic Beach finds and determines that there be an ample
record of its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the maximum extent possible, even if less speech would result from a
determination that any provision is invalid or unconstitutional for any reason whatsoever;
WHEREAS, the City of Atlantic Beach finds and determines that objects and devices
such as graveyard and cemetery markers visible from a public area, vending machines or express
mail drop-off boxes visible from a public area, decorations that do not constitute advertising
visible from a public area, artwork that does not constitute advertising; a building's architectural
features visible from a public area, or a manufacturer's or seller's markings on machinery or
equipment visible from a public area are not within the scope of what is intended to be regulated
through "land development" regulations that pertain to signage under Chapter 163 of the Florida
Statutes;
WHEREAS, the City of Atlantic Beach finds and determines that the aforesaid objects
and devices are commonly excluded or exempted from being regulated as signs in land
development regulations and sign regulation, and that extending a regulatory regime to such
objects or devices would be inconsistent with the free speech clause of the First Amendment;
WHEREAS, the City of Atlantic Beach finds and determines that it should continue to
prohibit discontinued signs regardless of whether or not there was any intent to abandon the
Sign;
WHEREAS, the City of Atlantic Beach finds and determines that a traffic control device
sign, exempt from regulation under the City's land development regulations for signage, is any
government sign located within the right-of-way that functions as a traffic control device and that
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01278903-2 6
is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and
approved by the Federal Highway Administrator as the National Standard, and according to the
MUTCD traffic control device signs include those signs that are classified and defined by their
function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that
give notice of a situation that might not readily be apparent), and guide signs (that show route
designations, directions, distances, services, points of interest, and other geographical,
recreational, or cultural information);
WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to
prohibit certain vehicle signs similar to the prohibition suggested in Article VIII (Signs) of the
Model Land Development Code for Cities and Counties, prepared in 1989 for the Florida
Department of Community Affairs by the UF College of Law's Center for Governmental
Responsibility and by a professional planner with Henigar and Ray Engineering Associates, Inc.,
and that is nearly identical to Section 7.05 .00(x) of the Land Development Regulations of the
Town of Orange Park, which were upheld against a constitutional challenge in Perkins v. Town
of Orange Park, 2006 WL 5988235 (Fla. 4th Cir. Ct.);
WHEREAS, the City of Atlantic Beach finds and determines that the city is a resort
community on the east coast of the state with several miles of beaches on the Atlantic Ocean and
the City has an economic base which relies heavily on tourism;
WHEREAS, the City of Atlantic Beach finds and determines that in order to preserve the
city as a desirable community in which to live, vacation and do business, a pleasing, visually-
attractive urban environment is of foremost importance;
WHEREAS, the City of Atlantic Beach finds and determines that the regulation of signs
within the city is a highly contributive means by which to achieve this desired end, and that the
sign standards and regulations in Exhibit A attached to proposed Ordinance 60-20-21 are
prepared with the intent of enhancing the urban environment and promoting the continued
wellbeing of the city;
WHEREAS, the City of Atlantic Beach finds and determines that Article II, Section 7, of
the Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to
conserve and protect its scenic beauty;
WHEREAS, the City of Atlantic Beach finds and determines that the regulation of
signage for purposes of aesthetics is a substantial governn1ental interest and directly serves the
policy articulated in Article II, Section 7, of the Florida Constitution, by conserving and
protecting its scenic beauty;
WHEREAS, the City of Atlantic Beach finds and determines that the regulation of
signage for purposes of aesthetics has long been recognized as advancing the public welfare;
WHEREAS, the City of Atlantic Beach finds and determines that as far back as 1954 the
United States Supreme Court recognized that "the concept of the public welfare is broad and
inclusive," that the values it represents are "spiritual as well as physical , aesthetic as well as
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01278903-2 7
monetary," and that it is within the power of the legislature" to determine that the community
should be beautiful as well as healthy, spacious as well as clean, well balanced as well as
carefully patrolled" [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)];
WHEREAS, the City of Atlantic Beach finds and determines that aesthetics is a valid
basis for zoning , and the regulation of the size of signs and the prohibition of certain types of
signs can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v.
Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott
Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400
U.S. 805 (1970)];
WHEREAS, the City of Atlantic Beach finds and determines that the enhancement of the
visual environment is critical to a community's image and its continued presence as a tourist
destination;
WHEREAS, the City of Atlantic Beach finds and determines that the sign control
principles set forth herein create a sense of character and ambiance that distinguishes the city as
one with a commitment to maintaining and improving an attractive environment;
WHEREAS, the City of Atlantic Beach finds and determines that the beauty of the City
of Atlantic Beach, both with regard to its natural and built and developed environment has
provided the foundation for the economic base of the City's development, and that the City's sign
regulations not only help create an attractive community for its residents, but also bolster
Atlantic Beach's image as a tourist destination;
WHEREAS, the City of Atlantic Beach finds and determines that the goals, objectives
and policies from planning documents developed over the years, demonstrate a strong, long-term
commitment to maintaining and improving the City's attractive and visual environment;
WHEREAS, the City of Atlantic Beach finds and determines that, from a planning
perspective, one of the most important community goals is to define and protect aesthetic
resources and community character;
WHEREAS, the City of Atlantic Beach finds and determines that, from a planning
perspective, sign regulations are especially important to cities with a tourist-based economy, and
sign control can create a sense of character and ambiance that distinguishes one community from
another;
WHEREAS, the City of Atlantic Beach finds and determines that two decades ago a
growing number of cities had begun prohibiting pole signs, allowing only ground signs (also
referred to as monument signs), and monument signs are typically used and preferred by
vacation resorts, planned communities, and other cities that seek a distinctive image; the City of
Atlantic Beach seeks to maintain that distinctive image for as part of its community character;
WHEREAS, the City of Atlantic Beach finds and determines that preserving and
reinforcing the uniqueness of a tourist community like Atlantic Beach attracts tourists and, more
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01278903-2 8
importantly, establishes a permanent residential and commercial base to ensure the future
viability of the community;
WHEREAS, the City of Atlantic Beach finds and determines that the purpose of the
regulation of signs as set forth in Exhibit A to proposed Ordinance 60-20-21 is to promote the
public health, safety and general welfare through a comprehensive system of reasonable,
consistent and nondiscriminatory sign standards and requirements;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to enable the identification of places of
residence and business;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to allow for the communication of
information necessary for the conduct of commerce;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to lessen hazardous situations, confusion
and visual clutter caused by proliferation, improper placement, illumination, animation and
excessive height, area and bulk of signs which compete for the attention of pedestrian and
vehicular traffic;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to enhance the attractiveness and
economic well-being of the city as a place to live, vacation and conduct business;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to protect the public from the dangers of
unsafe signs;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to permit signs that are compatible with
their surroundings and aid orientation, and to preclude placement of signs in a manner that
conceals or obstructs adjacent land uses or signs;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to encourage signs that are appropriate
to the zoning district in which they are located and which are consistent with the category of use
to which they pertain;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to curtail the size and number of signs
and sign messages to the minimum reasonably necessary to identify a residential or business
location and the nature of any such business;
Agenda Item #1.A.
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WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to establish sign size in relationship to
the scale of the lot and building on which the sign is to be placed or to which it pertains;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to preclude signs from conflicting with
the principal permitted use of the site or adjoining sites;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to regulate signs in a manner so as to not
interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to require signs to be constructed,
installed and maintained in a safe and satisfactory manner;
WHEREAS, the City of Atlantic Beach finds and determines that the sign regulations in
Exhibit A to proposed Ordinance 60-20-21 are intended to preserve and enhance the natural and
scenic characteristics of this coastal resort community;
WHEREAS, the City of Atlantic Beach finds and determines that the regulation of
signage was originally mandated by Florida's Local Government Comprehensive Planning and
Land Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this
requirement continues to apply to the City of Atlantic Beach through Section 163.3202(2)(f),
Florida Statutes;
WHEREAS, the City of Atlantic Beach finds and determines that it has adopted a Code
of Ordinances in order to implement its Comprehensive Plan, and to comply with the minimum
requirements in the State of Florida's Growth Management Act, at Section 163.3202, Florida
Statutes, including the regulation of signage and future land use;
WHEREAS, the City of Atlantic Beach finds and determines that the Sign Code is the
manner by which the City has chosen to regulate signage;
WHEREAS, the City of Atlantic Beach finds and determines that the Sign Code and its
signage regulations were and are intended to maintain and improve the quality of li fe for all
citizens of the City;
WHEREAS, the City of Atlantic Beach finds and determines that in meeting the
purposes and goals established in these preambles, it is appropriate to prohibit and/or to continue
to prohibit certain sign types;
WHEREAS, the City of Atlantic Beach finds and determines that consistent with the
foregoing preambles, it is appropriate to prohibit and/or to continue to generally prohibit the sign
types listed in Sec. 17-42 Prohibited Signs and Devices within Exhibit A to proposed Ordinance
60-20-21;
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WHEREAS, the City of Atlantic Beach finds and determines that billboards detract from
the natural and manmade beauty of the City;
WHEREAS, the City of Atlantic Beach agrees with the American Society of Landscape
Architects' determination that billboards tend to deface nearby scenery, whether natural or built
and the Sierra Club's opposition to billboard development and proliferation and the American
Society of Civil Engineers Policy Statement 117 on Aesthetics that aesthetic quality should be an
element of the planning, design, construction, operations, maintenance, renovation,
rehabilitation, reconstruction, and security enhancement of the built environment;
WHEREAS, the City of Atlantic Beach recognizes that states such as Vermont, Alaska,
Maine, and Hawaii have prohibited the construction of billboards in their states and are now
billboard-free in an effort to promote aesthetics and scenic beauty;
WHEREAS, the City of Atlantic Beach finds and determines that the prohibition of the
construction of billboards and certain other sign types, as well as the establishment and
continuation of height, size and other standards for on-premise signs, is consistent with the
policy set forth in the Florida Constitution that it shall be the policy of the state to conserve and
protect its scenic beauty;
WHEREAS, the City of Atlantic Beach agrees with the courts that have recognized that
outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen
from the highway , whether the view is untouched or ravished by man, and that it would be
unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic
improvement [see E. B. Elliott Adv. Co . v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir.
1970), cert. dismissed, 400 U.S. 805 (1970); John Donnelly & Sons, Inc. v. Outdoor Advertising
Bd., 339 N.E.2d 709, 720 (Mass. 1975)];
WHEREAS, the City of Atlantic Beach recognizes that local governments may
separately classify off-site and on-site advertising signs in taking steps to minimize visual
pollution [see City of Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414
So.2d 1030, 1032 (Fla. 1982)];
WHEREAS, the City of Atlantic Beach finds and determines that billboards attract the
attention of drivers passing by the billboards, thereby adversely affecting traffic safety and
constituting a public nuisance and a noxious use of the land on which the billboards are erected;
WHEREAS, the City of Atlantic Beach finds, determines and recognizes that billboards
are a form of advertisement designed to be seen without the exercise of choice or volition on the
part of the observer, unlike other forms of advertising that are ordinarily seen as a matter of
choice on the part of the observer [see Packer v. Utah, 285 U.S. 105 (1932); and General
Outdoor Advertising Co. v. Department of Public Works, 289 Mass. 149, 193 N .E. 799 (1935)];
WHEREAS, the City of Atlantic Beach acknowledges that the United States Supreme
Court and many federal courts have accepted legislative judgments and determinations that the
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prohibition of billboards promotes traffic safety and the aesthetics of the surrounding area. [see
Markham Adver. Co. v. State, 73 Wash.2d 405, 439 P .2d 248 (1969), appeal dismissed for want
of a substantial federal question, 439 U.S. 808 (1978); Markham Adver. Co., Inc. v. State, Case
No. 648, October Term, 1968, Appellants ' Jurisdictional Statement, 1968 WL 129277 (October
14, 1968); Suffolk Outdoor Adver. Co., Inc. v. Hulse, 43 N.Y.2d 483, 372 N.E.2d 263 (1977),
appeal dismissed for want of a substantial federal question, 439 U.S. 808 (1978); Suffolk
Outdoor Adver. Co., Inc. v. Hulse, Case No. 77-1670, October Term, 1977, Appellant's
Jurisdictional Statement (March 23, 1978); Metromedia, Inc. v. City of San Diego , 453 U.S. 490,
509-510 (1981); Members of the City Council of the City of Los Angeles v. Taxpayers for
Vincent, 466 U.S. 789, 806-807 (1984), City of Cincinnati v. Discovery Network, Inc., 507 U.S.
410, 425 and 442 (1993); National Advertising Co. v. City and County of Denver, 912 F.2d 405,
409 (10th Cir. 1990), and Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1239 (D.
Kan. 1999)];
WHEREAS, the City of Atlantic Beach finds, determines and recognizes that on -site
business signs are considered to be part of the business itself, as distinguished from off-site
outdoor advertising signs, and that it is well-recognized that the unique nature of outdoor
advertising and the nuisances fostered by billboard signs justify the separate classification of
such structures for the purposes of governmental regulation and restrictions [see E. B. Elliott
Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1153 (5th Cir. 1970), cert. denied, 400
U.S. 805 (1970), quoting United Advertising Corp. v. Borough of Raritan, 11 N.J. 144, 93 A.2d
362, 365 (1952)];
WHEREAS, the City of Atlantic Beach finds and determines that a prohib ition on the
erection of off-site outdoor advertising signs will reduce the number of driver distractions and
the number of aesthetic eyesores along the roadways and highways of the City [see, e.g., E. B.
Elliott Adv. Co. v. Metropolitan Dade County, 425 F.2d 1141, 1154 (5th Cir. 1970), cert. denied,
400 U.S. 8058 (1970)];
WHEREAS, the City of Atlantic Beach finds and determines that billboard signs are
public nuisances given their adverse impact on both traffic safety and aesthetics;
WHEREAS, the City of Atlantic Beach finds and determines that billboards are a traffic
hazard and impair the beauty of the surrounding area, and the prohibition of the construction of
billboards will reduce these harms [see Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d
1231, 1239 (D. Kan. 1999)];
WHEREAS, the City of Atlantic Beach recognizes that Scenic America, Inc.
recommends improvements in the scenic character of a community's landscape and appearance
by prohibiting the construction of billboards, and by setting height, size and other standards for
on-premise signs [see Scenic America's Seven Principles for Scenic Conservation, Principle #5];
WHEREAS, the City of Atlantic Beach recognizes that more than three hundred Florida
communities have adopted ordinances prohibiting the construction of billboards in their
communities in order to achieve aesthetic, beautification, traffic safety, and/or other related
goals;
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WHEREAS, the City of Atlantic Beach finds and determines that in order to preserve,
protect and promote the safety and general welfare of the residents of the City, it is necessary to
regulate off-site advertising signs, commonly known as billboard signs or billboards, so as to
prohibit the construction of billboards in all zoning districts, and to provide that the foregoing
provisions shall be severable;
WHEREAS, the City of Atlantic Beach finds and determines that the continued
prohibition of billboards as set forth herein will improve the beauty of the City, foster overall
improvement to the aesthetic and visual appearance of the City, preserve and open up areas for
beautification on public property adjoining the public roadways, increase the visibility,
readability and/or effectiveness of on-site signs by reducing and/or diminishing the visual clutter
of off-site signs, enhance the City as an attractive place to live and/or work, reduce blighting
influences, and improve traffic safety by reducing driver distractions;
WHEREAS, the City of Atlantic Beach wishes to assure that new billboards are
effectively prohibited as a sign-type within the City;
WHEREAS, the City of Atlantic Beach finds and determines that anything beside the
road which tends to distract the driver of a motor vehicle directly affects traffic safety, and signs,
which divert the attention of the driver and occupants of motor vehicles from the highway to
objects away from it, may reasonably be found to increase the danger of accidents, and agrees
with the courts that have reached the same determination [see In re Opinion of the Justices, 103
N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N.W.2d 741 (N.D.1978)];
WHEREAS, the City of Atlantic Beach acknowledges that the Seven Justices' views in
Metromedia, as expressly recognized in the later Supreme Court decisi ons in Taxpayers for
Vincent and Discovery Network,; and in more than a dozen published Circuit Court of Appeal
decisions following Metromedia, on the permissible distinction between onsite signs and offsite
signs-when it comes to government's substantial interest in prohibiting the latter sign type (the
offsite sign), including: Major Media of the Southeast, Inc. v. City of Raleigh, 792 F.2d 1269,
1272 (4th Cir. 1986); Georgia Outdoor Advertising, Inc. v. City of Waynesville, 833 F.2d 43, 45-
46 (4th Cir. 1987); Naegele Outdoor Adver., Inc. v. City of Durham, 844 F.2d 172, 173-174 (4th
Cir. 1988); Nat'l Adver. Co. v. City and County of Denver, 912 F.2d 405, 408-411 (10th Cir.
1990); Nat'l Adver. Co. v. Town of Niagara, 942 F.2d 145, 157-158 (2nd Cir. 1991); Outdoor
Systems, Inc. v. City of Mesa, 997 F.2d 604, 610-612 (9th Cir. 1993); Outdoor Graphics, Inc. v.
City of Burlington, Iowa, 103 F.3d 690, 695 (8th Cir. 1996); Ackerley Communications of
Northwest v. Krochali, 108 F.3d 1095, 1099 (9th Cir. 1997); Southlake Property Associates, Ltd.
v. City of Morrow, Ga., 112 F.3d 1114 , 1117-1119 (11th Cir. 1997), cert. denied, 525 U.S. 820
(1998); Bad Frog Brewery, Inc. v. New York State Liquor Authority, 134 F .3d 87, 99 (2nd Cir.
1998); Lavey v. City of Two Rivers, 171 F.3d 1110, 1114-1115 (7th Cir. 1999); Long Island Bd.
of Realtors, Inc. v. Incorp. Village of Massapequa Park, 277 F.3d 622, 627 (2nd Cir. 2002);
Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810, 814-816 (9th 2003); Riel v.
City of Bradford, 485 F.3d 736, 753 (3rd Cir. 2007); Naser Jeweler, Inc. v. City of Concord, NH,
513 F .3d 27, 36 (1st Cir. 2008); and RTM Media , L.L.C. v. City of Houston, 584 F.3d 220, 225
(5th Cir. 2009);
Agenda Item #1.A.
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WHEREAS, the City of Atlantic Beach recognizes that the distinction between the
location of off-premises signs and on-premises signs is a time, place and manner regulation, and
recognizes that in 1978 in Suffolk Outdoor, over the objection of Justices Blackmun and Powell,
the U .S. Supreme Court denied review of the underlying decision for the want of a substantial
federal question and that the denial on this basis was a decision on the merits, wherein the
decisions was framed by the petitioner's jurisdictional statement which presented its first
question as to whether a total ban on billboards within an entire municipality was constitutional,
claiming that this disparate treatment of off-premises billboards from on-premises accessory
signs was a violation of the First Amendment;
WHEREAS, the City of Atlantic Beach acknowledges that the significance of Suffolk
Outdoor is that it was a merits decision that recognized that it is constitutionally permissible to
distinguish between on-site signs and off-site signs (Billboards) for regulatory purposes, and to
ban the latter, and that this merits decision has never been overturned;
WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to
prohibit discontinued signs and/or sign structures because the same visually degrade the
community character and are inconsistent with the general principles and purposes of the Sign
Code as set forth in Exhibit A to proposed Ordinance No. 60-20-21;
WHEREAS, the City of Atlantic Beach finds and determines that under state law, which
may be more permissive than local law, a nonconforming sign is deemed "discontinued" when it
is not operated and maintained for a set period of time, and the following conditions under
Chapter 14-10, Florida Administrative Code, shall be considered failure to operate and maintain
the sign so as to render it a discontinued sign: (1) signs displaying only an "available for lease"
or similar message; (2) signs displaying advertising for a product or service which is no longer
available; or (3) signs which are blank or do not identify a particular product, service, or facility;
WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to
specify that in addition to the Sign Code regulations identified in Exhibit A to proposed
Ordinance 60-20-21, signs shall comply with all applicable building and electrical code
requirements;
WHEREAS, the City of Atlantic Beach finds and determines that the City has allowed
noncommercial speech to appear wherever commercial speech appears; and the City desires to
continue that practice by including a specific substitution clause that expressly allows non-
commercial messages to be substituted for commercial messages;
WHEREAS, the City of Atlantic Beach finds and determines that by confirming in its
ordinance that noncommercial messages are allowed wherever commercial messages are
permitted, the City will continue to overcome any constitutional objection that its ordinance
impermissibly favors commercial speech over noncommercial speech [see Outdoor Systems, Inc.
v. City of Lenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan. 1999)];
Agenda Item #1.A.
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WHEREAS, the City of Atlantic Beach finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite Clearwater), 213
F.Supp.2d 1312 (M.D. Fla. 2002), aff'd in part and rev'd in part on other grounds, 351 F.3d
1112 (11th Cir. 2003), cert. denied, 543 U .S. 813 (2004), cited the severability provisions of
both Section 1-107 of the Code and the Development Code, Ord. No. 6348-99, § 4 (January 21,
1999), as a basis for severing isolated portions of Article 3 of the Land Development Code [see
Granite Clearwater at 1326, n.22];
WHEREAS, the City of Atlantic Beach finds and determines that the Land Development
Code's severability clause was adopted with the intent of upholding and sustaining as much of
the City's regulations, including its sign regulations, as possible in the event that any portion
thereof (including any section, sentence, clause or phrase) be held invalid or unconstitutional by
any court of competent jurisdiction;
WHEREAS, the City of Atlantic Beach finds and determines that the failure of some
courts to uphold severability clauses has led to an increase in litigation seeking to strike down
sign ordinances in their entirety so as to argue that the developers' applications to erect
prohibited sign types, such as billboards, must be granted;
WHEREAS, the City of Atlantic Beach finds and determines that there be an ample
record of its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the maximum extent possible, even if less speech would result from a
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever;
WHEREAS, the City of Atlantic Beach finds and determines that the prohibition on
billboards, as contained herein, continue in effect regardless of the invalidity or
unconstitutionality of any, or even all, other provisions of the City's sign regulations, other
ordinance code provisions, or other laws, for any reason(s) whatsoever;
WHEREAS, the City of Atlantic Beach finds and determines that there be an ample
record that it intends that the height and size limitations on free-standing and other signs
continue in effect regardless of the invalidity or unconstitutionality of any, or even all other,
provisions of the City's sign regulations, other ordinance code provisions, or other laws, for any
reason(s) whatsoever;
WHEREAS, the City of Atlantic Beach finds and determines that there be an ample
record that it intends that each prohibited sign-type continue in effect regardless of the invalidity
or unconstitutionality of any, or even all, other provisions of the City's sign regulations, other
ordinance code provisions, or other laws, for any reason(s) whatsoever;
WHEREAS, the City of Atlantic Beach finds and determines that it desires to make clear
that billboards are not a compatible land use within the City and that there can be no good f aith
reliance by any prospective billboard developer under Florida vested rights law in connection
with the prospective erection or construction of new or additional billboards within the
jurisdictional limits of the City;
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WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to
allow for the display of allowable temporary signage without any prior restraint or permit
requirement;
WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate to
prohibit direct illumination of the surface of any temporary sign but such prohibition shall not be
construed to constrain the general illumination of flags unless otherwise expressly prohibited;
WHEREAS, the City of Atlantic Beach finds and determines that when an application
for a permanent sign is deemed denied that the applicant shall have an avenue to immediately
request in writing via certified mail to the City a written explanation as to why the application
was not approved and the City shall promptly respond in writing and provide the reason(s) the
application was not approved [see Covenant Media of South Carolina, LLC v. City of North
Charleston, 493 F.3d 421, 435-437 (4th Cir. 2007);
WHEREAS, the City of Atlantic Beach finds and determines that local governments are
vulnerable to schemes whereby false assertions are made as to the delivery or submission of sign
permit applications when in fact such applications were never submitted or left with city officials
and claims of unconstitutional failures to timely act upon the applications are then made so as to
obtain permits that could otherwise not be granted;
WHEREAS, the City of Atlantic Beach finds and determines that the "deemed denial" of
applications after the passage of a set amount of time after their purported submission dates
protects local governments from schemes to obtain ineligible permits , and is a fair resolution
when balanced by a right of the applicant to submit a request to the local government, via
certified mail, for an explanation for lack of action on a purported application and for the
reason(s) for the lack of approval so as to ensure that the local government has the opportunity to
act on an application, if no application had initially been submitted or had been misplaced or
lost;
WHEREAS, the City of Atlantic Beach finds and determines that this opportunity for an
applicant to make such request, via certified mail, provides an additional chance to secure an
explanation of the reason(s) for no approval within a defined and short period of time and also
aids in the protection of the applicant's rights, especially when combined with access by the
applicant to a judicial remedy for no response to such a request;
WHEREAS, the City of Atlantic Beach finds and determines that it is appropriate that
there shall be no criminal penalties for a violation of Chapter 17, Signs and Advertising
Structures, City of Atlantic Beach Code of Ordinances, and that any penalty for a violation of
Chapter 17 shall be limited to civil penalties only.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Findings. The City Commission hereby finds and determines that:
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(a) The findings set forth in the Recitals to this Ordinance are true and correct.
(b) The Community Development Board, acting in its capacity as the local planning
agency for the City, held a public hearing on February 18, 2020 to consider the proposed update
and revisions to Chapter 17, Signs and Advertising Structures, of the City’s Code of Ordinances
and recommended that the City Commission adopt said revisions to Chapter 17, Signs and
Advertising Structures.
SECTION 2. Repeal of Chapter 17, Signs and Advertising Structures.
Chapter 17, Signs and Advertising Structures, of the City of Atlantic Beach Code of Ordinances,
is hereby repealed in its entirety.
SECTION 3. Adoption of New Chapter 17, Signs and Advertising Structures.
Chapter 17, Signs and Advertising Structures, attached to this Ordinance and incorporated herein
by reference as Exhibit A is hereby adopted as a fully revised Chapter 17 to the City’s Code of
Ordinances with inserted text indicated by underline and deleted text by strikethrough.
SECTION 4. Conflict. All ordinances, resolutions, official determinations, or parts
thereof previously adopted or entered by the City for any of its officials and in conflict with this
Ordinance are repealed to the extent inconsistent herewith, including without limitation, the force
and effect of Resolution 16-04, adopted August 8, 2016 temporarily suspending enforcement of
certain provisions of Chapter 17.
SECTION 5. Codification and Scrivener’s Errors. The publisher of the City of Atlantic
Beach’s Code of Ordinances, the Municipal Code Organization, is her eby directed to incorporate
the newly adopted Sign Code as Chapter 17 attached hereto as Exhibit A into the City’s Code of
Ordinances. Sections of said Exhibit A may be renumbered or relettered and scrivener’s errors,
formatting and typographical errors and other minor, inadvertent graphical errors in said Exhibit
A which do not affect the intent may be authorized by the City Manager and City Attorney
without the need of public hearing by filing a corrected or recodified copy of same with the City
Clerk.
SECTION 6. Applicability. The provisions of Chapter 17, Signs and Advertising
Structures, set forth in Exhibit A hereto shall apply to all applications, decisions or controversies
pending before the City of Atlantic Beach upon the effective date hereof, or filed o r initiated
thereafter, provided that certain signage, if qualified, may have vested rights to continue or be
completed under the terms of the repealed ordinances or provisions therein.
SECTION 7. Severability. If any section, sentence, clause or other provision of this
Chapter 17 shall be held to be invalid, unlawful or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and
such holding of unlawfulness, invalidity or unconstitutionality shall not be construed so as to
render unlawful, invalid or unconstitutional the remaining sections, sentences, clauses or other
provisions of this Chapter 17.
SECTION 8. Effective Date. This Ordinance shall take effect upon final review and
approval.
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PASSED by the City Commission on first reading this ________ day of __________,
2020.
PASSED by the City Commission on second and final reading this ________ day of
__________, 2020.
CITY OF ATLANTIC BEACH
______________________________
Ellen Glasser, Mayor
Attest:
______________________________
Donna Bartle, City Clerk
Approved as to form and correctness:
______________________________
Brenna Durden, City Attorney
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EXHIBIT A
TO
ORDINANCE NO. 60-20-21
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Chapter 17 - SIGNS AND ADVERTISING STRUCTURES[1]
Footnotes:
--- (1) ---
Editor's note— Section 1 of Ord. No. 60-97-10, adopted July 14, 1997, amended Ch. 17 in its entirety to
read as set forth herein. Formerly, Ch. 17 consisted of §§ 17-1—17-18 and 17-31—17-35, which
contained similar provisions and derived from §§ 20-1—20-8, 20-10—20-22, 20-24 of the 1970 Code;
Ord. No. 60-81-4, § 1, adopted July 13, 1981; Ord. No. 60-88-5, § 1, adopted Jan. 11, 1989; Ord. No. 60-
94-8, § 1, adopted July 25, 1994; and Ord. No. 60-97-9, § 1, adopted Feb. 24, 1997.
Subsequently, Ord. No. 60-02-12, §§ 2 and 3, adopted September 9, 2002, repealed and replaced Ch.
17, §§ 17-1—17-35, with a new Ch. 17, intended for use as Art. I, § 17-1, Art. II, § 17-2, Art. III, §§ 17-3—
17-10, Art. IV, §§ 17-11—17-13, Art. V, §§ 17-14—17-30, and Art. VI, §§ 17-31—17-34. To preserve the
style of the Code, these new provisions have been included as set forth herein at the discretion of the
editor. Former Ch. 17 pertained to similar subject matter, and derived from Ord. No. 60-79-9, § 1, adopted
February 24, 1997, Ord. No. 60-97-10, § 1, adopted July 14, 1997, and Ord. No. 60-01-11, § 1, adopted
December 10, 2001.
Cross reference— Buildings and building regulations, Ch. 6; planning/zoning/appeals, Ch. 14;
occupational license for advertising, § 20-59; zoning and subdivision regulations, Ch. 24.
State Law reference— Authority to establish sign ordinances, F.S. § 166.0425; outdoor advertisers, F.S.
Ch. 479.
ARTICLE I. - IN GENERAL
Sec. 17-1. - Intent.
The city commission recognizes that there are various persons and entities that have an interest in
communicating with the public through the use of signs that serve to identify businesses and services,
residences and neighborhoods, and also to provide for expression of opinions. The commission is also
responsible for furthering the city's obligation to its residents and visitors to maintain a safe and
aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or
hazards for pedestrians and vehicles; where signs do not adversely impact the predominantly residential
character of the city and where signs do not conflict with the natural and scenic qualities of the city. It is
the intent of the commission that the regulations contained in this chapter shall provide uniform sign
criteria, which regulate the size, height, number and placement of signs in a manner that is compatible to
the residential scale and character of the city, and which shall place the fewest p ossible restrictions on
personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while
achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that
does not contain excessive clutter or visual distraction from rights -of-way and adjacent properties; the
surrounding natural coastal environment and residential neighborhoods.
It is the purpose of this section to promote the public health, safety, and general welfare through a
comprehensive system of reasonable, consistent, and nondiscriminatory sign standards and
requirements. These sign regulations are intended to:
1. Maximize the value of commercial signage as a means of locating and identifying commercial
establishments providing goods and services; while, at the same time, discouraging the use of
commercial signage to sell goods and services;
2. Encourage the construction of commercial signs of high-quality materials that are aesthetically
pleasing and are compatible with their natural surroundings and with the buildings they identify;
3. Avoid the creation of a distracting atmosphere that can result when businesses compete for
attention through the use of commercial advertising signs;
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4. Protect, preserve, and enhance the unique aesthetic character, beauty, and charm of the City, and
thereby encourage the continued economic development within the City; and
5. Improve pedestrian and traffic safety and eliminate physical and visual clutter caused by signs that
compete for the attention of pedestrian and vehicular traffic.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-2. - Definitions and references to other chapters within this Code.
For purposes of this chapter, the following terms shall have the meanings as set forth within this
section. Where appropriate, definitions contained within other chapters of this Code, including chapter 6,
building and building regulations, and chapter 24, zoning, subdivision and land development regulations,
shall also apply to this chapter.
Abandoned sign: See Discontinued sign
Advertising message: The letters and graphics on a sign intended to directly or indirectly promote the
sale of a product, service, commodity, entertainment or real or personal property. This definition shall also
be deemed to include political copy intended to directly or indirectly promote a candidate or issue.
"Advertising message" shall not include signs or portions of signs that are defined as a public sign.
Animated sign: Any sign or part of a sign, including the advertising message, which changes physical
position by any means of movement including, but not limited to, light projections, scrolling displays, and
light emitting diode (LED) screens.
Art, public: Any originally produced artistic medium which is outdoors and accessible to the general
public and does not contain advertising or logos. Public art commonly takes the form of murals and
sculptures that can withstand exposure to atmospheric elements.
Automatic changeable message device: Any sign, which through a mechanical, electrical, solar, or
other power source is capable of delivering messages, which rotate or appear to rotate, change or move
at any time and in any way, including tri-vision or any multi-prism sign faces.
Awning sign: (See also Marquee sign. ) A sign painted onto or adhered to a marquee or awning type
structure constructed of an open frame covered by fabric, vinyl, plastic, metal, or similar material. Awning
sign shall include canopy sign.
Banner sign: A temporary sign made of lightweight fabric or similar material intended to promote
special seasonal, civic or community events. hang either with or without frames or in some other manner.
Billboard: See Off-site sign.
Bracket sign: Any single or double-faced sign mounted on brackets, poles or beams projecting at
angles from the front or side of any building and supported solely by such brackets, poles or beams.
Building sign: Any sign that provides the name or address of a building, as opposed to does not
include the name of the occupants or services located within that building.
Canopy sign: See Awning sign.
Development parcel: For the purposes of this chapter, a development parcel shall be a parcel of
land, a lot or a combination of lots upon which uses regulated by these sign provisions ar e located. This
definition may include a single use or business, or a collection of uses or businesses developed in a
unified manner.
Directional sign: Any sign that solely serves to designate the location of, or provides direction to, any
place or area. Signs, which contain logos, or graphics commonly associated with a service or business
shall be included in the signs allowed for that site or business.
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Discontinued sign:.Any sign located on a property or building that is: (1) vacated; (2) no longer has a
valid certificate of occupancy or business tax receipt; (3) no longer has an active utility service account; or
(4) displays a blank sign for a period of one hundred and eighty (180) days or longer shall be considered
a discontinued sign.
Double-faced sign: A sign with two (2) sides that are usually but not necessarily parallel.
Exempt signs: Signs as set forth within section 17-26 of this chapter, which are exempt from certain
requirements of this chapter.
Fascia sign: Any sign attached to or installed against a wall of a building. "Fascia sign" includes wall
signs, and cabinet and panel type signs, and signs located on the fascia of a roof, or affixed to a roof
plane, provided such sign does not extend above the height of the roof.
Flag: A piece of cloth or similar material having a distinct size, color, and design used as a symbol,
standard, signal and other similar items of recognition and may include insignias of governmental,
religious, charitable, fraternal or other organizations. Any flag and pole or attachment that frequently holds
a flag shall be deemed a permanent flag. subject to movement caused by wind activation.
Flashing sign: Any sign which uses an external or internal intermittent light source, which results in
changing light intensity (including on-off-on), brightness or color, or which is constructed and operated so
as to create an appearance of illusion of motion or creates movement by any means.
Freestanding sign: Any sign, which is incorporated into or supported by structures or supports in or
upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon
sign, ground sign or monument sign.
Ground sign: See Freestanding sign.
Height of sign: The vertical distance measured from the lowest grade adjacent to the sign extending
to the topmost portion of the sign structure, including any frame, embellishment or other type of upward
extension from the sign. Any filling, berming, mounding, or excavation solely for the purpose of increasing
the height of the sign is prohibited.
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Illumination: A source of any artificial or reflected light, either directly from a source of light
incorporated in or indirectly from an artificial source, so shielded that no direct illumination from it is visible
elsewhere than on and in the immediate vicinity of the street graphic.
Illumination, internal: A light source that is concealed or contained within a sign and becomes
visible in darkness through a translucent surface.
Illumination, external: Illumination of a sign that is affected by an artificial source of light not
contained within the sign itself.
Marquee sign: Any sign adhered or attached to a permanent roof-like structure, including awnings
and canopies projecting beyond a building wall at an entrance to a building or extending along and
projecting beyond the building wall and generally designed and constructed to provide protection against
the weather. Marquee signs shall include all signs placed upon any type of marquee, canopy, awning, or
similar structure.
Monument sign: A type of freestanding sign placed upon the ground independent of support from the
face of a building that generally has greater width than height and typically constructed of a solid material
such as wood, masonry or high-density urethane.
Non-conforming sign: Any sign, which was lawfully erected with properly issued sign permits, but
which does not comply no longer complies with the land use, setback, height, size, spacing, and lighting
or other provisions of these regulations this chapter or other laws, as may be amended.
Obscene sign: Any sign containing statements, words, pictures or symbols of an obscene nature.
The word obscene shall be as defined in F.S. 847.001, as may be amended from time to time.
Off-site sign: Any sign which serves a property or business other than the property or business on
which the sign is located and/or displayed.
Parcel or parcel of land: Any quantity of land capable of being described with such definiteness that
its locations and boundaries may be establish ed, which is designated by its owner or developer as land to
be used, or developed as, a unit or which has been used or developed as a unit. It may be described by
metes and bounds or by recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may
be used interchangeably within this Code as appropriate to the context.
Permanent sign: Any sign permanently embedded in the ground or affixed to a building or sign
structure that is permanently embedded in the ground, unless otherwise classi fied in this Chapter.
Pennants: Any small, single flag-like piece of cloth, plastic or paper attached to any staff, cord,
building, or other structure at only one (1) or two (2) edges, the remaining hanging loosely; lacking the
insignia of a flag.
Personal expression sign: Any sign containing a message of non-commercial opinion or
endorsement and not containing a commercial advertising message.
Pole sign: See Freestanding sign.
Political campaign sign: Any temporary sign, as may be authorized under this chapter, erected or
displayed for the purpose of advertising a qualified candidate on any primary, general, or special election
ballot within the City of Atlantic Beach.
Portable sign: A sign that may be mobile and has no permanent attachment to a building or to the
ground by means of a footing, including signs with wheels designed to be pulled or towed on a trailer or
similar towing device.
Projecting sign: See Bracket sign.
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Public sign: Any sign placed and maintained by the City of Atlantic Beach, Duval County, the State of
Florida, the United States Government, a public utility, school district, or other duly authorized public
agency. Public signs may be placed in locations as determined necessary and appropriate by the public
agency and shall include may include signs such as public information signs, public identification signs,
public directional signs, banner signs, and street name signs installed by a public agency, traffic control
signs, warning signs and similar signs.
Pylon sign: See Freestanding sign.
Roof sign: Any sign attached to a building or the roof structure of a building by any means, which
extends above the height of the roof or roof plane.
Sign: Any identification, description, illustration, or device illuminated or non -illuminated, which is
visible from any outdoor place, open to the public and which directs attention to a product, service, place,
activity, person, institution, or business thereof, including any permanently installed or situated
merchandise; or any emblem, painting, banner, pennant, flag, placard, designed to advertise, identify, or
convey information, with the exception of official public notices and court markers required by federal,
state or local regulations; also excepting, newspapers, leaflets and books intended for individual
distribution to members of the public, attire that is being worn, badges, and similar personal gear.
Sign display area: The sign display area shall be defined as the area enclosed within any geometric
figure, which would enclose all parts of the advertising message of the sign. The structural supports for a
sign, whether they are columns, pylons, or a building or part thereof, shall not be included in the sign
display area.
Sign face area: The part of the fascia sign, window sign, bracket sign, marquee sign, flag, or banner
enclosed within any geometric figure used to identify, announce, direct, or inform including all frame, trim
and background, which contains the sign display area, advertising message or informative contents . In
the case of painted fascia signs, window signs, bracket signs, marquee signs, flags, or banners
composed of letters, shapes, or figures, or skeleton letters mounted without a border, the sign face area
shall be the area of the smallest rectangle or other geometric figure that would enclose all of the letters,
shapes, and figures.
Sign permit: A development permit authorizing erection, placement or installation of a sign as
permitted by this chapter in accordance with the requirements of article V of this chapter.
Sign structure: Any structure that supports, has supported, or is capable of supporting a sign,
including decorative covers and embellishments.
Snipe sign: Any sign of any material, including paper, plastic, cardboard, wood or metal when
tacked, nailed or attached in any way to trees, poles, stakes, fences, the ground, or other objects where
such sign may or may not be applicable to the present use of the property upon which such sign is
located.
Temporary sign: A sign intended to be displayed for a transitory or temporary period and not
intended for use in a permanent nature. Any sign not permanently embedded in the ground or not affixed
to a building or sign structure that is permanently embedded in the ground shall be considered a
temporary sign, unless otherwise specified in this Chapter. All banners and flags, regardless of how they
may be affixed to a building or structure or embedded in the ground, are classified as temporary signs.
Variance: A variance shall mean relief granted from certain terms of th is chapter. The relief granted
shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption
from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief
granted shall be in accordance with the provisions as set forth in section 17-52 of this chapter, and such
relief may be subject to conditions as set forth by the City of Atlantic Beach.
Vehicle sign: Any sign placed within, upon or affixed to a motorized vehicle, other than a registered
logo, trademark or serice mark that is attached to a motorized vehicle. Vehicle signs shall not include
political campaign signs, personal expression signs, bumper stickers, decorative decals and the like,
provided these are otherwise in compliance with the provisions of this chapter. which covers more than
twenty (20) square feet of the vehicle, which identifies a business, products, or services, and which is
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attached to, mounted, pasted, painted, or drawn on a motorized or dr awn vehicle, and is parked and
visible from the public right-of-way; unless said vehicle is used for transporting people or materials in the
normal day to day operation of the business.
Wall sign: See Fascia sign.
Width of sign: The horizontal distance measured from one (1) edge of the sign structure extending to
the opposite edge of the sign structure, including any frame, embellishment or other type of extension
from the sign.
Window sign: Any sign placed inside a window of a building, facing the outsid e and which is intended
to be seen from the exterior. Window signs shall be included in the signs allowed for that site, activity or
business.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 1, 3-25-13)
Sec. 17-3. – Noncommercial Signs and Messages
Any sign authorized to be displayed pursuant to and in accordance with this ordinance may
contain a noncommercial message.
Secs. 17-34—17-25. - Reserved.
ARTICLE II. - SIGNS PERMITTED
Sec. 17-26. - Exempt signs.
(a) Within all non-residential zoning districts, the following signs shall be considered as permitted signs
and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this
chapter:
(1) Decals, limited to those as Signage required by law, which are is affixed to or painted upon
store windows, store equipment, fuel pumps or other types of vending equipment used for
dispensing retail products. buildings or equipment, not exceeding three (3) inches in height and
two (2) square feet.
(2) Lettering only, for the purpose of providing ownership, licensing and emergency contact
information, when placed upon doors and windows of lawfully licensed businesses, with letters
not exceeding three (3) inches in height and limited to a maximum area of two (2) square feet.
(23) Signs within a building that are not visible from the exterior of the building. This shall not
include window signs affixed to the interior of windows, which are visible from the exterior.
(4) Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building
and the date of erection, when the same are cut into any masonry surface or when constructed
of bronze or other similar noncombustible material.
(5) Professional nameplates for physicians, surgeons, dentists, musicians, lawyers, architects,
teachers and other like professional persons placed on the premises occupied by the person(s),
not exceeding one (1) square foot in sign face area, provided such professional has a valid
occupational license as may be required for the particular profession to operate on those
premises.
(6) Signs denoting only the name and profession of an occupant of a building, placed flat against
the exterior surface of the building and not exceeding three (3) square feet in sign face area,
provided such occupant has a valid occupational license as may be required to operate on
those premises.
(7) Signs depicting only time and temperature.
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(b) Within all zoning districts, the following signs shall be considered as permitted signs and shall be
exempt from the requirement to obtain a sign permit as set forth within article V of this chapter:
(1) Not more than one (1) real estate sign advertising the sale, rental or lease of only the premises
on which the sign is located. Such signs shall not exceed six (6) square feet in area, and five (5) feet
in height. Signs advertising the sale, rental or lease of property exceeding this size and height s hall
not be considered as exempt signs and shall be subject to the provisions of section 17-29(d).
(2) Signs noting the architect, engineer or contractor for a development project when placed upon
work under construction, provided the sign shall be removed within fifteen (15) days of completion of
construction. Such signs shall not exceed six (6) square feet in size or eight (8) feet in height.
(3) Signs as required by law to display building permits or other similar required public notices.
(14) Public signs., banner signs, traffic signs, street name signs, legal notices, danger signs and
temporary emergency, informational or non-advertising signs, when erected by city, county, state or
federal authorities.
(5) No trespassing and private property signs not exceeding two (2) square feet in area. Such signs
shall not be displayed from or attached to trees, utility poles or any type of utility structure or
equipment, including lift stations, fire hydrants and the like.
(6) Vacancy or no vacancy signs not exceeding two (2) square feet in area.
(7) Temporary political campaign signs announcing the candidacy of a qu alified candidate for public
office not exceeding four (4) square feet in area may be placed wholly within the boundaries of any
property, at the discretion or consent of the legal owner and/or occupant of the property, provided
such signs conform with all traffic, electrical, maintenance, fire and safety regulations of the city.
The placing of political campaign signs on city property, other public property or on public rights -of-
way shall be prohibited. Political campaign signs displayed within motor vehicles conducting routine
business activities on city or other public property shall not be prohibited, provided that no such
vehicle shall be parked on city property, other public property or on public rights-of-way for the sole
purpose of displaying political campaign signs.
Illegally placed political campaign signs shall be removed by the code enforcement officer without
notice to the candidate or abutting property owner or occupant. Political campaign signs shall not be
placed on property prior to qualification of the candidate to run for office, and all such signs shall be
removed within seventy-two (72) hours after the last election. If such signs are not removed within
this period of time, the city may remove such signs and may charge the candidate the actual cost for
such removal. Collected funds shall be deposited into the city general revenue. Failure to remove
signs is a violation of this Code and is enforceable pursuant to F.S. Chapter 162, Code Enforcement.
(8) Personal expression signs limited to one (1) per lot or parcel, or in the case of multi-family uses,
one (1) per dwelling unit, expressing personal views or opinions not exceeding four (4) square feet in
area, providing such signs are otherwise in compliance with applicable local, state and federal laws.
(9) Religious symbols.
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(10) Garage sale signs or open house signs within residential zoning districts, not exceeding four (4)
square feet in size, limited to two (2) per site and located only at the location of such event. Such
signs may be displayed one (1) day before the garage sale or open house and shall be removed
immediately after conclusion of the event. No garage sale sign or open house sign may be erected
upon any public right-of-way.
(211) Signs placed within interior courtyards, the inside fence line of recreational fields and on golf
courses, provided such signs are generally visible only to those persons visiting such place and are
otherwise in compliance with this chapter.
(12) Address and street number signs not exceeding two (2) square feet.
(13) Holiday and seasonal decorations shall not be construed as signs, providing that these contain
no commercial advertising message.
(14) Not more than two (2) flags per development parcel, but if there are two (2) flags, then one (1)
must be the flag of the United States of America. A development parcel with more than one (1)
principal structure may have two (2) flags for each principal structure with more than five thousand
(5,000) square feet of fully enclosed floor area. Each flag shall not exceed twenty-four (24) square
feet in area; however, this size limitation shall not apply to United States of America flags at public
buildings and parks.
(3) Signs placed within the inside fence line of recreational fields, provided such signs are generally
visible only to those persons visiting such place and are otherwise in compliance with this
chapter.
(3) Temporary signs subject to the provisions of Section 17-33.
(4) Fascia signs on residential structures up to 10 square feet in aggregate sign face area.
(5) Temporary signs less than one (1) foot in height and one (1) square foot, provided that these
signs are located no less than fifteen (15) feet from the front property line.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 2, 3-25-13)
Sec. 17-27. - General provisions applying to all permitted signs.
All signs shall be subject to the following general provisions.
(1) No sign shall be installed, erected or placed prior to issuance of a sign permit as required by
article VI of this chapter, except for exempt signs as set forth in section 17 -26. Signs shall be
located only on property where the sign serves.
(2) All signs shall be engineered and constructed as required by these regulations and the Florida
Building Code. Signs shall be professionally designed, lettered and constructed.
(3) Permanent Ssigns constructed for the purpose of displaying an advertising message shall be
constructed of materials suitable to withstand weather related deterioration and shall not be
constructed of plywood, cardboard, paper or other such materials, which deteriorate quickly
when exposed to normal weather conditions.
(4) No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere
with the free use of public streets or sidewalks.
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(5) No sign shall be attached to or placed against a building in any manner which impedes or
blocks ingress or egress through any door or window of any building, nor shall any sign obstruct
or be attached to a fire escape.
(6) No sign shall be erected near the intersection of any street in such a manner so as to obstruct
free and clear vision, or at any location where, by reason of position, shape or color, it may
interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or
device.
(7) Where the rear of any sign structure is visible from any street or from any adjoining residen tial
zoning district, all exposed structural and electrical components of any such sign shall be
concealed in a manner as approved by the city manager or designee.
(8) Fascia or wall signs, shall be mounted directly upon the surface of the building, and shall not be
mounted upon exposed raceways, or other type of protrusions from the surface of the building.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
Sec. 17-28. - Signs permitted within residential zoning districts.
(a) Except for exempt signs as provided for in section 17-26, signs within residential zoning districts,
shall be limited to those as set forth below.
(1) For single-family and two-family residential subdivisions and developments containing ten (10)
or more residential lots, where individual lots are accessed from a common internal roadway,
one (1) sign shall be allowed at each entrance from a collector or arterial street, not to exceed
two (2) signs.
a. Size permitted: Thirty-two (32) square feet of sign face area per sign.
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where more than one (1) sign is
allowed, each such sign erected shall be constructed and designed in the same manner.
d. Illumination: These signs shall be externally illuminated with ground mounted lighting only.
Any lighting shall project from the ground onto the sign only, and shall not be directed
towards any street or residential lot.
(2) For multi-family residential uses developments with eleven (11) or more dwelling units, one (1)
sign identifying the name of the multi-family development shall be allowed at each entrance not
to exceed two (2) signs and subject to the requirements below. Internal directional signs and
signs identifying buildings shall also be allowed limited to three (3) feet in height and eight (8)
square feet in sign face area. provided they are not visible from any public right of way.
a. Size permitted: Sixty (60) square feet of sign face area per sign.
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where more than one (1) sign is
allowed, each such sign erected shall be constructed and designed in the same manner.
d. Illumination: These signs shall be externally illuminated with ground mounted lighting only.
Any lighting shall project from the ground onto the sign only, and shall not be directed
towards any street, vehicular drive or residential unit.
(3) For development parcels located within residential zoning districts that contain non-
residential uses, freestanding signs may be permitted as set forth below:
a. Number of freestanding signs permitted: One (1) freestanding sign for each one hundred
(100) feet of linear street frontage, up to a maximum of two freestanding signs.
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Development parcels with less than one hundred (100) feet of linear street frontage shall
be permitted one (1) freestanding sign.
b. Size permitted: One (1) square foot for each linear foot of street frontage of the
development parcel on which the sign(s) are placed, provided no such sign shall exceed
sixty (60) square feet.
c. Maximum height of sign: Eight (8) feet
d. Type allowed: Freestanding ground or monument style.
e. Illumination: These signs shall be externally illuminated with ground mounted lighting
only. Any lighting shall project from the ground onto the sign only, and shall not be
directed toward any street, vehicle drive or residential unit.
d. Required distance from property lines: No portion of any freestanding sign shall be
located closer to any property line than five (5) feet. Additional distance from property
lines may be required if determined necessary by the director of public works, to maintain
clear vehicular and pedestrian sight distance. Freestanding signs shall not be located so
as to interfere with clear vehicular or pedestrian sight distance. Further, signs determined
by the director of public safety to interfere with safe sight distance for pedestrians or
vehicles shall be immediately removed.
(b) Signs, as set forth with above paragraph (a), that are proposed to be located within public or
dedicated rights-of-way shall be approved by the city commission. Such signs may be approved at
the time of final plat approval as set forth by section 24-2024 of this Code, or alternatively, such
signs may be approved upon specific application to the commission. Approval of the city commission
shall be required prior to the issuance of a sign permit. Such signs shall complement and conform to
the "WELCOME TO ATLANTIC BEACH" signs in features including lettering, color, composition,
structural materials, finished surface, and shall be constructed of wood or similar material giving the
finished appearance of carved or sandblasted wood, as described within section 17-32.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-29. - Signs permitted within commercial and industrial zoning districts.
Subject to the provisions as set forth within this section, the following signs shall be permitted within
traditional marketplace (TM), commercial professional office (CPO), commercial limited (CL), commercial
general (CG), central business district (CBD), and industrial, light industrial and warehousing (ILIW )
zoning districts. Except as specifically exempted in section 17-26, and further subject to issuance of a
sign permit, no other signs or advertising device shall be displayed or erected within the city.
(a) Fascia signs.
(1) Fascia signs for buildings with a sing Size permitted: One (1) square foot of sign face area
for each linear foot of the building width that faces the street frontage for a single occupant
building or one square foot of sign face area for each linear foot of building frontage for the
occupant or tenant space in a multi-tenant development, each as measured on the street
toward which the fascia sign is oriented. In no case shall an individual fascia sign exceed
one hundred (100) square feet of sign face area nor shall the combined signage for one
occupant exceed two hundred (200) square feet of sign face area.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the building
width that faces the street frontage, provided that the total signage shall not exceed two
hundred (200) square feet of sign face area, including building s on corner lots. (For
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example, if the width of the building facing the front of the lot is fifty (50) feet, the maximum
total sign face area for all fascia signs is fifty (50) square feet.) If the building is on a corner
lot, then the widths of the building facades facing multiple street frontages can be added
together to determine the total signage area, but in no cases shall the total fascia signage
exceed two hundred (200) square feet, nor shall an individual sign exceed the square
footage corresponding to the linear width of the building side on which that sign is posted.
In no case, shall any individual sign as described above, exceed one hundred (100) square
feet in sign display area except for buildings that face the front lot line, as defined in this
Code, by a distance of more than one hundred (100) linear feet, which may have an
individual sign display area up to a maximum of two hundred (200) square feet depending
on the amount of building frontage.
(2) Number of fascia signs permitted: Not more than three (3) fascia signs shall be allowed
on any one (1) side of the a building with a single business or occupant. For buildings with
multiple businesses or occupants, each business shall be allowed three (3) fascia signs for
each side of a building with street frontage. Where fascia signs are placed upon more than
one (1) side of the a building, the combined sign face area shall not exceed the amount
permitted by subsection (a)(1)a. above.
(3) Fascia signs for buildings with multiple businesses or occupants.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the unit(s)
occupied by one (1) business or occupant, provided that the total signage shall not exceed
two hundred (200) square feet for any one (1) business. If the business or occupant is on
the corner, then the widths of the unit(s) occupied by the business or occupant that are
facing multiple street frontages can be added together to determine the total signage area,
but in no case shall the total signage for particular business or occupant exceed two
hundred (200) square feet, nor shall any individual sign exceed the square footage
corresponding to the linear building footage. (For example, if the width of a unit or several
units, occupied by one (1) business is twenty-four (24) feet, then one (1) sign, a maximum
of twenty-four (24) square feet of sign face area is permitted.) In no case, shall any
individual sign as described above, exceed one hundred (100) square feet in sign area
except for buildings that face the front lot line, as defined in this Code, by a distance of
more than one hundred (100) linear feet, which may have an individual sign display area
up to a maximum of two hundred (200) square feet depending on the amount of building
frontage.
b. Required spacing between signs on buildings: Fascia signs shall be separated by a
minimum distance of seventy-two (72) inches.
(3) Required spacing between signs on buildings: Fascia signs shall be separated by a
minimum distance of seventy-two (72) inches.
(4) Projections: Fascia signs shall be separated by a minimum distance of seventy-two (72)
inches.
(b) Bracket or marquee signs. In lieu of the above described fascia signs, a business or permitted
use may install a single bracket sign or marquee sign in accordance with the following
provisions:
(1) Size permitted: The maximum size of a bracket sign or a marquee sign shall be
determined in the same manner as a fascia sign, provided that no such sign shall have
more than sixty (60) square feet of projected sign face area.
a. There shall be no more than twelve (12) inches of clear space adjacent to th e building
wall, and such signs shall not extend or project from the face of the building more than
ten (10) feet.
b. No portion of such sign shall extend above the height of the roof.
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c. No portion of such sign shall be closer than eight (8) feet to a ny sidewalk or pedestrian
walkway, and no closer than five (5) feet from any street side property line. All such
signs shall be securely anchored to a wall and shall in no manner be connected to or
suspended from the roof of any building.
(2) Within the traditional marketplace and central business district only. In addition to other
permitted signs, uses limited only to retail establishments, restaurants, cafes and coffee
shops, may install a single bracket sign extending above a public sidewalk or pedestrian
walkway may be permitted. The purpose of this provision is to provide appropriate and
consistent signage for the unique pedestrian environment of the twon center area. central
business district and traditional marketplace districts. Such signs shall be located only in
accordance with the following provisions and upon issuance of a sign permit:
a. May be located only above first floor entryways or first floor windows with n No portion
of the sign display area exceeding shall exceed ten (10) feet above the established
grade of the adjoining sidewalk or walkway;
b. Shall provide minimum vertical clearance of eight (8) feet above the sidewalk or
walkway;
c. Shall provide minimum clearance of six (6) inches from the building facade;
d. Shall be separated from any other such sign by a minimum of twenty (20) feet;
e. Shall not exceed three (3) feet in horizontal width and two (2) feet in vertical depth;
f. Shall give the appearance of traditional wood routed or sandblasted signs. Materials
such as high density urethane (HDU) and recycled high density polyethylene (HDPE)
plastics, which give a similar appearance, shall be acceptable substitutes;
g. Shall be externally illuminated only and shall contain no electrical components; and
h. Shall create no safety hazard or obstruction to the public's use of the sidewalk or
walkway as determined by the director of public safety.
(c) Freestanding signs. In addition to the above signs, freestanding signs may be permitted as set
forth below:
(1) Size and number of freestanding signs permitted: One (1) square foot of sign display area
for each linear foot of frontages of the development parcel on which the sign(s) are placed,
provided no such sign shall exceed ninety-six (96) square feet of sign display area, or eight
(8) feet in height and twelve (12) feet in width, except as provided in subsection (c)(2)b.
below.
a. One (1) square foot for each linear foot of street frontages of the development parcel on
which the sign(s) are placed, provided no such sign shall exceed ninety-six (96) square
feet, or eight (8) feet in height and twelve (12) feet in width.
b. Development parcels with street frontage shall be permitted one (1) freestanding sign for
each one hundred (100) feet of linear street frontage, up to a maximum of two (2)
freestanding signs. Businesses with approved drive-through lanes are allowed one
additional freestanding sign per drive-through lane, provided these signs do not exceed
forty (40) square feet and eight (8) feet in height.
c. Development parcels with less than one hundred (100) feet of linear street frontage shall
be permitted one (1) freestanding sign.
(2) Number of freestanding signs permitted:
a. Development parcels with street frontage shall be permitted one (1) freestanding sign for
each one hundred (100) feet of linear street frontage, up to a maximum of three (3)
freestanding signs.
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b. Development parcels with street frontage upon more than one (1) street, shall be
permitted one (1) additional freestanding sign on each street s ide of the development
parcel.
c. Required distance from property lines: No portion of any freestanding sign shall be
located closer to the property line than five (5) feet. Additional distance from property lines
may be required if determined necessary by the director of public works, to maintain clear
vehicular and pedestrian sight distance. Freestanding signs shall not be located so as to
interfere with clear vehicular or pedestrian sight distance. Further, signs determined by the
director of public safety to interfere with safe sight distance for pedestrians or vehicles shall
be immediately removed.
(2) Required distance from property lines: No portion of any freestanding sign shall be located
closer to any property line than five (5) feet. Additional distance from property lines may be
required if determined necessary by the director of public works, to maintain clear vehicular
and pedestrian sight distance. Freestanding signs shall not be located so as to interfere
with clear vehicular or pedestrian sight distance. Further, signs determined by the director
of public safety to interfere with safe sight distance for pedestrians or vehicles shall be
immediately removed.
(3) Within commercial general (CG) and commercial limited (CL) zoning districts only.
Alternatively, on development parcels with street frontage of three hundred (300) linear feet
or more shall be permitted one (1) freestanding sign not to exceed ten (10) feet in height
and one hundred twenty (120) feet in sign display area. The required dis tance from any
property lines for such freestanding sign shall be a minimum of ten (10) feet. Additional
distance from property lines may be required if determined necessary by the director of
public safety, to maintain clear vehicular and pedestrian sight distance.
(3) Design, construction, and maintenance:
a. Materials, colors, and shapes of proposed freestanding signs shall be complementary
to the related. Sign colors shall be noon-reflective and shall not contain fluorescent
colors.
b. Signs shall be maintained in good condition at all times and shall be kept free of
cracked or peeling paint, missing or damaged sign panels or supports, and weeds,
grass or vegetation that obscures the view of the sign message.
(4) Illumination:
a. Freestanding signs shall be externally illuminated with a steady stationary light source,
shielded and directed solely at the sign. Light fixtures shall be restricted to not more
than one shielded light fixture per side for signs up to 40 square feet and not more than
two shielded light fixtures per side for signs over 40 square feet.
b. Light sources to illuminate signs shall neither be visible from any street right-of-way
nor cause glare hazardous to pedestrians or vehicle drivers or so as to create a
nuisance to adjacent properties.
c. Internal illumination for drive-through signs for establishments with a drive-through
shall not cause glare hazardous to pedestrians or vehicle drivers or so as to create a
nuisance to adjacent properties. Such signs shall be placed and angled so that, to
the greatest extent possible, they are not visible from public or private streets.
d. Lamps shall only produce a white light.
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(d) Requirement for a unified sign plan. After the initial effective date of these regulations, all new
nonresidential development, which shall contain space or units for more than one (1) business
or occupant, shall provide a unified sign plan with the application for building permits. All
subsequent applications for sign permits shall comply with the approved unified sign plan. The
unified sign plan shall comply with respect to the following:
(1) Manner and type of construction, including materials to be used, installation method and
mounting details.
(2) Means of illumination, if any, and hours of illumination.
(3) Size, color, lettering, and graphics style.
(e) Pre-development signs. Signs for the purpose of announcing a coming development project
may be placed within commercial and industrial zoning districts subject to the following
provisions:
(1) Issuance of a sign permit shall be required, and no such sign shall remain on any
development parcel for a period of time exceeding one (1) year from the issuance date of the
sign permit.
(2) Complete and proper applications for building permits for the related development project
must be submitted within sixty (60) days of the placement of any such sign, or the sign shall be
removed. In the case that the sign is not removed, the sign shall be considered an abandoned
sign, subject to the provisions of subsection 17-41(c).
(3) Such sign shall be removed within thirty (30) days of the issuance of any certificate of
occupancy, or at any time when construction ceases for a period of time longer than thirty (30)
days. In the case that the sign is not removed within these periods of time, the sign shall be
considered as abandoned, subject to the provisions of subsection 17-41(c).
(4) Only one (1) such sign shall be placed upon the development parcel and shall not exceed
the height or size permitted by preceding paragraph (a).
(e) Window signs. Window signs are permitted provided that the window sign may not cover more
than twenty percent (20%) of the area of any window. Window signs may be internally
illuminated.
(f) Requirement to display street number. All business and activities regulated by the requirements
of section 17-29 shall display the street number in a manner that is prominent and clearly
readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed
on all freestanding signs and over front doors or primary entryways.
(f) Door signs. Door signs are permitted provided that the door sign may not cover more than
twenty percent (20%) of the area of any door. Door signs may be internally illuminated.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03; Ord. No. 60-04-15, § 2, 1-10-05;
Ord. No. 60-12-17, § 1(Exh. A), 1-9-12)
Sec. 17-30. - Signs within special purpose (SP) and planned unit development (PUD) zoning districts.
The size, height, width and number of signs permitted within special purpose districts and planned
unit development districts shall be established within the ordinance creating such district as determined
by the city commission to be appropriate for the nature and character of the use within these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-31. - Signs within conservation (CON) zoning districts.
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As set forth by section 24-103(b) of this Code, all uses in the conservation districts shall require
approval as a use-by-exception. The size, height, width and number of signs permitted within
conservation districts shall be established during the use-by-exception process in accordance with the
provisions of section 24-63. Signs within conservation districts shall not adversely impact the
environmentally sensitive qualities of these areas, shall be non-illuminated, shall contain no electrical
components and shall be constructed of wood, brick, masonry, high-density urethane or similar material,
which is consistent with the natural surroundings of these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-32. - Signs placed on public buildings and structures and within public parks.
All signs displayed within City of Atlantic Beach parks and upon the exterior of any public building or
structure shall conform with design of the "WELCOME TO ATLANTIC BEACH" signs displayed on such
properties as of the effective date of this chapter, or as such design may be later modified by cit y
commission. Such signs shall display the City of Atlantic Beach logo, as depicted in Figure 1, and shall be
similar in appearance with respect to color, lettering, composition, and materials used for construction.
Materials used shall be wood, high-density urethane, or similar material, which may be given a
sandblasted-type finished surface. Public signs, public notice signs, parking signs and traffic signs shall
be exempt from this provision.
Figure 1—City of Atlantic Beach Logo
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-33. - Banner signs.
(a) The purpose of banner signs shall be to promote special seasonal, civic or community
events that occur on a temporary basis. A sign permit shall not be required for banner
signs; however, all banner signs shall be registered with City of Atlantic Beach. No
banner sign shall be hung, placed or erected prior to registration on a form as provided
by the planning and zoning department, and payment of fees as may be established by
the city commission.
(b) Banner signs may be displayed subject to registration verifying compliance with the
following provisions:
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(1) Display of banner signs for any event shall be limited to thirty (30) consecutive or
cumulative days within one (1) calendar year.
(2) Banner signs shall be limited in size to a m aximum of sixty (60) square feet in size.
(3) Banner signs shall not contain an advertising message.
(4) Banner signs shall not hang over or extend into rights -of-way.
(5) Banner signs shall be securely anchored to buildings, poles or suitable structura l
supports and shall not be attached to trees, public buildings or structures, utility poles or
any type of utility structure or equipment, including lift stations, fire hydrants and the like.
(6) Property owner's authorization to install and display such banner sign.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-33. - Temporary Signs.
Temporary signs in accordance with this section do not require a sign permit. Temporary signs shall
not be illuminated nor shall any temporary signs be placed on public propert y without permission from
the city.
(a) Within all residential zoning districts, the following signs shall be considered as temporary signs
and must meet the following standards:
(1) Temporary signs, other than banners and flags.
a. Maximum number allowed per parcel: eight (8)
b. Maximum square footage allowed per sign: four (4) square feet
c. Maximum height allowed: four (4) feet
d. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if
applicable; provided, however, one temporary sign may be displayed at all times.
(2) Banner signs: not permitted in residential districts
(b) Within all non-residential zoning districts, the following signs shall be considered as temporary
signs and must meet the following standards:
(1) Temporary signs, other than banners and flags.
a. Maximum number allowed per parcel: two (2)
b. Maximum square footage allowed per sign: sixteen (16) square feet
c. Maximum height allowed: six (6) feet
d. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, i f
applicable; provided, however, one temporary sign may be displayed at all times.
(2) Banner signs
a. Maximum number allowed per parcel: two (2)
b. Maximum square footage allowed per sign: sixty (60) square feet
c. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if
applicable
d. Banner signs shall not hang over or extend into public right-of-ways
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e. Banner signs shall be securely anchored to buildings, poles, or suitable structural
supports and shall not be attached to the roof of a building or exceed the height of such
building or structure.
f. Banner signs shall not be attached to trees, public buildings or structures, utility poles or
any type of utility structure or equipment, including lift stations, fire hydrants, and the like.
Sec. 17-34. - Flags.
(a) Flags may be permitted in addition to other signs in accordance with the following provisions.
(1) Maximum number allowed per parcel: three (3 ) flags
(2) Maximum sign face area allowed per flag: twenty four (24) square feet
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-345—17-40. - Reserved.
ARTICLE III. - CAUSE FOR REMOVAL OF SIGNS, ABANDONED SIGNS AND PROHIBITED SIGNS
Sec. 17-41. - Removal of unsafe, damaged or poorly maintained, and abandoned signs.
(a) Unsafe signs. In the event that any sign, including without limitation an exempt sign, is determined
by the building official to be unsafe, such sign shall be immediately removed upon written notice from
the building official ordering removal. Such notice shall be sent by certified mail to the property owner
of record. If not removed within ten (10) days, the sign shall be considered a hazard to public safety
and shall be removed at the property owner's expense.
(b) Damaged signs and poorly maintained signs. All signs, including exempt signs, shall be kept in a
structurally sound condition, with a neat appearance and in a generally good state of repair. Further,
signs shall be maintained in accordance with Section 3108.1.7, Florida Building Code, whic h
requires that all signs for which a permit is required, together with supports, braces, guys, and
anchors shall be kept in repair and, unless of galvanized or non -corroding metal, shall be painted at
least once every two (2) years. Any sign destroyed or damaged beyond reasonable repair in the
determination of the building official, shall be immediately repaired or removed at the property owner
or occupant's expense. A new sign permit shall be required for any replacement sign. If not repaired
or replaced within thirty (30) days after written notice from the building official, the sign shall
constitute a public nuisance and shall be removed at the property owner's expense.
(c) Abandoned signs. Signs shall be removed by the owner or occupant within (30) thirty days of
cessation of the business or activity conducted on the property where the sign is located. A business
or activity shall be considered to have ceased when the premises are vacated, or in the absence of a
valid occupational license or active utility service account. Signs not removed in accordance with
these provisions shall be considered as abandoned and shall be removed at the property owner's
expense.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-42. - Prohibited signs and devices.
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The following signs and devices shall be prohibited within the City of Atlantic Beach. In the case of
any conflict with other provisions of this Code, the prohibitions set forth below s hall supersede such other
conflicting provisions.
(1) Animated signs.
(2) Automatic changeable message device signs, except for signs depicting time and temperature.
(3) Flashing signs.
(4) Signs containing beacon or tracker lights or similar lighting components.
(5) Signs containing fluorescent colors or materials designed to be mirror-like or reflective.
(6) Obscene signs.
(7) Roof signs.
(8) Snipe signs.
(89) Portable and mobile signs.
(910) Temporary signs, except as otherwise authorized herein.
(101) Pennants, ribbons, balloons, streamers, wind-operated devices and similar elements that are
intended to draw attention to a business or activity, either when used alone or incorporated into
a sign.
(112) Vehicle sign or signs (Bumper stickers, decorative decals and the like, customary and
registered logos, trademarks or service marks that are attached to a motorized vehicle shall not
be considered as vehicle signs; however, such vehicles shall not be parked off of the property
from where a business is located or in the required front yard of any property for the sole
purpose of advertising.) with a total sign face area in excess of twenty (20) square feet on any
vehicle, and
a. The vehicle is not “regularly used in the conduct of the business,” and
b. The vehicle is visible from a street right-of-way within fifty (50) feet of the vehicle, and
c. The vehicle is parked for more than two (2) consecutive hours in any twenty-four (24)
hour period within fifty (50) feet of any street right-of-way, and
d. A vehicle shall not be considered “regularly used in the conduct of the business” if the
vehicle is used primarily for advertising, and
e. This provision is not construed as prohibiting the identification of a firm or its principal
products on a vehicle operating during the normal hours of business; and which is currently
licensed, insured, and operable; provided, however, that no such vehicle shall be parked on
public or private property with signs attached or placed on such vehicle primarily fo r the purpose
of advertising a business establishment or firm or calling attention to the location of a business
establishment or firm
(123) Private signs on any public property or right of way, other than as specifically approved by
the city commission.
(134) All signs prohibited by Chapter 479.11, Florida Statutes.
(145) Signs not in compliance with all applicable provisions of this chapter and this Code.
(15) Off-site signs and billboards.
(16) Discontinued and abandoned signs.
(17) Temporary signs less than one (1) foot in height and one (1) square foot.
(Ord. No. 60-02-12, § 2, 9-9-02)
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Secs. 17-43—17-50. - Reserved.
ARTICLE IV. - NONCONFORMING SIGNS AND VARIANCES WAIVER TO CERTAIN PROVISIONS
Sec. 17-51. - Nonconforming signs.
All signs, which were lawfully in existence and constructed or installed with properly issued sign
permits as of the effective date of these amended regulations, and which are made nonconforming by the
provisions herein shall be allowed to remain in accordance with the following conditions:
(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 sign is located within any publicly owned
right-of-way or utility easement and 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) Freestanding signs, permitted pursuant to section 17-29, made nonconforming upon the initial
effective date of these amended regulations, which are not in compliance with respect only to
maximum width, height or size shall be allowed to remain, provided that such signs are
otherwise in compliance with the terms of this chapter.
(13) Nonconforming signs, including those as described in preceding paragraphs (1) and (2) shall
be made conforming with all provisions of this chapter when any of the following changes are
made or circumstances exist:
a. Any change to the structural supports or structural materials, including temporary relocation
associated with routine maintenance of a property.
b. Any change which increases the illumination.
c. Any change which increases the height of a sign.
d. Any change, 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 result of an accidental act or a weather-related act.
f. Any replacement of an abandoned sign or discontinued sign.
g. Any change necessary for compliance with Florida Building Code requirements.
h. When the total cost of alteration, expansion or renovation of a structure or building at a
location where any non-conforming signs are located within the boundaries of the
development parcel is equal to or exceeds twenty-five (25) percent of the current assessed
value of the parcel improvements, or when the total square footage of a structure is
expanded by more than twenty-five (25) percent within a two year time frame or when any
cumulative expansions total more than twenty-five (25) percent within a two year time
frame. Construction costs shall be determined in accordance with the building evaluation
data sheet as established by the International Code Council.
(24) The provisions of this section shall not be construed to apply to signs t hat are abandoned,
discontinued, 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 17-4133.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-13, § 2, 3-24-03; Ord. No. 60-11-16, § 1, 10-10-
11; Ord. No. 60-14-19, § 1, 11-24-14; Ord. No. 60-15-20, § 1, 6-8-15)
Sec. 17-52. –Requests to waive certain terms of this chapter. Variances.
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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.
The Community Development Board is authorized to grant relief from the strict application of this Chapter
where, due to an exceptional situation, adherence to this Chapter results in “exceptional practical
difficulties or undue hardship” to a property owner.
In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that
make the property unique or difficult to use. The applicant has the burden of proof. The Community
Development Board must determine that granting the request would not cause substantial detriment to
the public good and would not be inconsistent with the general intent and purpose of this Chapter.
A variance may be sought in accordance with this section. Applications for a variance may be obtained
from the Community Development Department.
(a) Application. A request for a variance shall be submitted on an application form as provided by the city
and shall contain each of the following:
(1) A legal description of the property for which the variance is requested.
(2) A reasonable statement describing the reasons and justification for the variance.
(3) A survey depicting the location of the requested sign(s) and the location of all structures and
access points on the property. An elevation drawing, with dimensions, depicting the size, height,
location and relation to other existing signs. Plans shall be drawn at a legible scale, depicting
materials to be used, method of construction, attachment or installation as appropriate and type
of illumination, if any.
(4) The signature of the owner, or the signature of the owner's authorized agent. Written and
notarized authorization by the owner for the agent to act on the behalf of the property owner shall
be provided with the application.
(b) Public hearing. Upon receipt of a complete and proper application, the Community Development
Director shall within a reasonable period of time schedule the application for a public hearing before the
Community Development Board following required public notice as set forth in Section 24-51. At the
public hearing, the applicant may appear in person and/or may be represented by an authorized agent.
(1) Applications for a variance shall be considered on a case-by-case basis and shall be
approved only upon findings of fact that the application is consistent with the definition of a
variance and consistent with the provisions of this section.
(2) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be
considered as justification for the approval of a variance.
(3) Variances shall not be granted solely for the personal comfort or convenience, for relief from
financial circumstances, or for relief from situations created by the property owner.
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(c) Grounds for approval of a variance The Community Development Board shall find that one or more of
the following factors exist to support an application for a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately fro m nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of
the property.
In the event the Community Development Board finds that none of the above exist, then the Community
Development Board shall deny the variance.
(d) Approval of a variance. To approve an application for a variance, the Community Development Board
shall find that the request is in accordance with the preceding terms and provisions of this section and
that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting
a variance, the Community Development Board may prescribe appropriate conditions in conformance
with and to maintain consistency with City Code. Violation of such conditions, when made a part of the
terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be
subject to established code enforcement procedures.
(e) Approval of lesser variances. The Community Development Board shall have the authority to approve
a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms
and provisions of this section and with the purpose and intent of this chapter.
(f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not
be grounds for approval of a variance.
(g) Waiting period for re-submittal. If an application for a variance is denied by the Community
Development Board, no further action on another application for substantially the same request on the
same property shall be accepted for three hundred sixty-five (365) days from the date of denial.
(h) Time period to implement variance. Unless otherwise stipulated by the Community Development
Board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the
date of approval of the variance. The Community Development Director, upon find ing of good cause, may
authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the
variance shall become null and void.
(i) Transferability. A variance, which involves the development of land, shall be transferable and shall run
with the title to the property unless otherwise stipulated by the Community Development Board.
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(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-53—17-60. - Reserved.
ARTICLE V. - SIGN PERMITS, ENFORCEMENT AND SEVERABILITY
Sec. 17-61. - Permit required.
It shall be unlawful for any person to install, erect, place, alter or relocate any sign without first
obtaining a sign permit with payment of the required fee to the city. Sign permits shall be required for any
sign requiring a permit under the provisions of Section 3108.1.3, Florida Building Code. No sign shall be
installed, erected or placed prior to issuance of a sign permit as required by this chapter, except for
exempt signs as set forth in Section 17-26.. A sign permit shall not be issued prior to issuance of the
appropriate occupational license as required for the activity on the property for which the sign permit is
sought, except as set forth in section 17-29(c) of this chapter.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-62. - Application.
Before a sign permit shall be issued, a design and stress diagram containing necessary information
to enable the city building offical to determine compliance with this chapter and the provisions of Section
3108 of the Florida Building Code shall be submitted. Such information shall be included as part of the
sign permit application and shall be submitted to the City of Atlantic Beach Building Department using a
sign permit application as provided by the city. In the event an application is not approved, an applicant
may request the City to provide a written explanation for the reason(s) for the denial. The application for
sign permit shall contain or have attached thereto the following information:
(1) The name, mailing address and telephone number of the applicant.
(2) If applicable, a copy of a valid and current occupational license for the property where the sign
shall be placed.
(3) In the case that the applicant is not the property owner, an owner's authorization to apply for a
sign permit.
(4) A survey depicting the location of the requested sign(s) and the location of all structures and
access points on the property. An elevation drawing, with dimensions, depicting the size, height,
location and relation to other existing signs. Plans shall be drawn at a legible scale, depicting
materials to be used, method of construction, attachment or installation as appropriate and type
of illumination, if any.
(5) The name and contractor information of the person erecting or installing the sign.
(6) An electrical permit, if required.
(7) Registered engineer's drawings as may be required by Section 3108, Florida Building Code.
(8) Such additional information as may be required by the building official city to determine
compliance with this chapter, any other applicable laws and ordinances of the City of Atlantic
Beach and the requirements of Section 3108, Florida Building Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-63. - Calculation of permitted sign size.
Sign face area, sign display area, width of sign and height of sign shall be calculated as defined
within article I of this chapter. In the case of non- freestanding, fascia and projecting signs, the sign face
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area shall be used in calculating the permitted size of sign. In the case of marquee, canopy or awning
signs, the sign display area freestanding signs, width and height of sign shall be used in calculating the
permitted size of the sign. The height of the sign shall be the vertical distance measured from the lowest
grade adjacent to the sign extending to the topmost portion of the sign structure, including any frame,
embellishment or other type of upward extension from the sign.
When computing sign face area, only one (1) side of a sign containing two (2) sides shall be included
in the calculation of the permitted sign size.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-64. - Fees.
Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits and
required fees shall also be required for signs with electrical components.)
(1) Thirty-two (32) square feet or less of sign display area or sign face area, as appropriate:
Thirty dollars ($30.00).
(2) Larger than thirty-two (32) square feet: An additional ten dollars ($10.00) for each square foot
exceeding thirty-two (32) square feet of sign display area or sign face area, as appropriate.
(3) Freestanding signs constructed in accordance with the provisions of section 24-171(d),
commercial corridor development standards: Freestanding signs constructed of a solid
material such as wood, masonry or high-density urethane, and externally-illuminated in a
manner that washes the sign in indirect light from a fluorescent ground source shall be
entitled to a fifty (50) percent reduction in sign permit fees.
(1) Thirty dollars ($30) for all non-freestanding signs.
(2) Fifty dollars ($50) for freestanding signs.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
Sec. 17-65. – Enforcement and Severability.
a. Enforcement. Violations of this Chapter shall result in code enforcement action pursuant to
Chapter 2, Article V, Division 2 of the City’s Code of Ordinances.
b. Severability. If any section or portion of this Chapter proves to be invalid, unlawful, or
unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section
of part of this Chapter. If any section, sentence, clause or other provision of this Chapter 17 shall be held
to be invalid, unlawful or unconstitutional by a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such holding of unlawfulness, invalidity or
unconstitutionality shall not be construed so as to render unlawful, invalid or unconstitutional the
remaining sections, sentences, clauses or other provisions of this Chapter 17.
Agenda Item #1.A.
27 Apr 2020
Page 45 of 70
Page 46 of 70
Sign Code Update
April 2020
Status Recap:
•01/21/20 Community Development Board (CDB)
hearing –deferred
•02/18/20 CDB recommended approved to City
Commission
•02/24/20 Commission workshop meeting Agenda Item #1.A.27 Apr 2020Page 47 of 70
June, 2015: Reed v. Town of Gilbert
•The Town’s Sign Code imposed stricter regulations for signs advertising religious
services than signs that displayed “political” or “personal expression” signs
•A church used a temporary directional sign to direct people to their weekly service
and was cited by the Town for violating the Code.
•The church filed a lawsuit arguing the Town’s Sign Code violated freedom of speech.
•Supreme Court held that the Town’s Sign Code did violate freedom of speech by
imposing content-based restrictions that were not tailored to further a compelling
government interest.
•*(Sign regulations can not be content based)
August, 2016: City of Atlantic Beach ceased enforcement on sign
regulations that were in conflict with the Reed v. Gilbert ruling
Background
Why we need to change the code……Agenda Item #1.A.27 Apr 2020Page 48 of 70
COAB Examples of Content Based (non compliant)
Regulations
•1 Real Estate sign not to exceed 6 square feet and 5 feet in height
•Builder/Architect signs up to 6 square feet and 8 feet in height
•No trespassing signs up to 2 square feet
•Vacancy signs up to 2 square feet
•Political Campaign signs up to 4 square feet
•1 Personal Expression sign up to 4 square feet
•2 Garage Sale signs up to 4 square feet
•2 Flags, except you may have 3 if one is the American Flag
*All of these regulations are based on the content of the signage
Agenda Item #1.A.27 Apr 2020Page 49 of 70
Agenda Item #1.A.27 Apr 2020Page 50 of 70
Sign Regulations Must Be Content Neutral
Content Neutral Regulations:
•Size, number and location
•Duration (time limits)
•Lighting
•Commercial vs. residential property
•On-premises vs. off-premises
Cannot regulate political signs differently than real estate or personal
expression signs, etc.Agenda Item #1.A.27 Apr 2020Page 51 of 70
Proposed Changes:
Section 17-1. Intent:
•Add language to strengthen the intent of the sign code.
Section 17-2. Definitions:
•Remove content based definitions such as “directional sign”,
“personal expression sign”, and “political campaign sign”
•Add definitions such as “public art”, “discontinued sign”, “off-
site sign”, “parcel”, “illumination”, “permanent sign”,
“temporary sign”, and “variance”
•Edit definitions such as “animated sign”, “banner sign”, “flag”,
“height of sign”, “pennants”, “sign face area”, and “vehicle sign”Agenda Item #1.A.27 Apr 2020Page 52 of 70
Proposed Changes:
ARTICLE II
Section 17-26. Exempt Signs
•Remove all content based sign regulations such as:
•Real estate signs
•Engineer/architect development signs
•No trespassing signs
•Vacancy signs
•Political campaign signs
•Personal expression signs
•Garage sale signs
•Add temporary signs under 1 square foot w/ a 15’ front setback Agenda Item #1.A.27 Apr 2020Page 53 of 70
Proposed Changes:
Section 17-27. General Provisions
•Remove content based language regarding advertising messages
•Allow fascia/wall signs to be placed on raceways and not directly upon the surface of a
building.
Section 17-28. Signs Permitted in Residential Districts
•Remove content based language
•Add that a multi-family development must have at least 11 units in order to have a 60
square foot freestanding sign. (Currently it is 3 units)
•Add a section allowing non-residential uses (i.e. churches and
schools) to have freestanding signs. (Currently this is not addressed
in the code meaning they are not allowed)Agenda Item #1.A.27 Apr 2020Page 54 of 70
Proposed Changes:
Section 17-29. Signs Permitted Within Commercial & Industrial Zoning Districts:
•Add a maximum projection of 12 inches for fascia signs
•Reduce maximum number of freestanding signs from 3 to 2. Currently, parcels
with two or more street frontages can add linear feet and have 3 freestanding
signs. Staff believes this can create sign “clutter” along the corridors. Also, this
allows for one or more signs along side and back streets (i.e. Sturdivant Ave)
•Add language addressing drive-through signs: allowed up to 40 sq ft and 8 ft
in height.
•Remove allowance for 10 foot tall freestanding sign for parcels with 300+ feet
of frontage. This creates inconsistency in sign heights along the corridors.
Also, parcels can be divided resulting in non-conforming signs.Agenda Item #1.A.27 Apr 2020Page 55 of 70
Proposed Changes:
Section 17-29. Signs Permitted Within Commercial & Industrial Zoning
Districts:
•Add requirement that freestanding sign materials and colors must be
complementary to the related building and noon-reflective.
•Add requirement that freestanding signs must be externally illuminated. (This
is currently encouraged in our zoning code and incentivized in the signs code
with fee reductions)
•Add requirement for window signage: May not cover more than 20% of
window
Agenda Item #1.A.27 Apr 2020Page 56 of 70
Proposed Changes:
Section 17-33.
•Remove all language under “Banner Signs” and replace with a
“Temporary Signs” section.
•Banner sign regulations were included with the temporary signs Agenda Item #1.A.27 Apr 2020Page 57 of 70
Proposed changes:
Section 17-33. Temporary Signs
Temporary signs include real estate signs, garage sale signs,
political signs, personal expression signs, etc.
Replacing with content
neutral regulations:
•Limit number
•Limit size
•Limit duration
•Residential vs
commercial Agenda Item #1.A.27 Apr 2020Page 58 of 70
Proposed changes:
Current Regulations:
•1 Real Estate Sign up to 6 square feet and 5 feet in height
•Architect/Engineer/Contractor Signs up to 6 square feet or 8 feet in height
•Political Campaign Signs up to 4 square feet
•1 Personal Expression Sign up to 4 square feet
•2 Garage Sale Signs up to 4 square feet
EQUALS = up to 5 signs plus unlimited
political signs
Agenda Item #1.A.27 Apr 2020Page 59 of 70
Comparisons to Nearby Communities
Temporary signs:
-Residential vs Commercial
-Number, Size, & Duration?
Temporary Sign Regulations (codes updated after 2015)
Residential Commercial
Number Size Height Duration Number Size Height Duration
Jax Beach 8 4 sq ft 6 ft 7 days after event 4 16 sq ft 6 ft 7 days after event
St. Augustine
Beach 8 4 sq ft 6 ft 7 days after event 4 16 sq ft 6 ft 7 days after event
St. Johns County 2 6 sq ft 6 ft 7 days after event 4 32 sq ft 6 ft 7 days after event
Fernandina Beach 8 6 sq ft 15 ft 30 days or 3 days after
event 4 32 sq ft 15 ft 30 days or 3 days after
event
Flagler Beach 1 16 sq ft 6 ft 90 calendar days 1 32 sq ft 6 ft 90 calendar days
Atlantic Beach
Proposed 8 4 sq ft 4 ft
60 days or 7 days
after event, except
one year around
2 16 sq ft 6 ft
60 days or 7 days
after event, except
one year around Agenda Item #1.A.27 Apr 2020Page 60 of 70
Visual Preference Survey
Agenda Item #1.A.27 Apr 2020Page 61 of 70
Agenda Item #1.A.27 Apr 2020Page 62 of 70
Proposed changes:
Section 17-34. Flags
Current Regulation: Not more than two (2) flags per development parcel, but if there
are two (2) flags, then one (1) must be the flag of the United States of America. A
development parcel with more than one (1) principal structure may have two (2)
flags for each principal structure with more than five thousand (5,000) square feet of
fully enclosed floor area. Each flag shall not exceed twenty-four (24) square feet in
area; however, this size limitation shall not apply to United States of America flags at
public buildings and parks.
Proposed:
•Three flags allowed per parcel
•Maximum size: 24 square feet Agenda Item #1.A.27 Apr 2020Page 63 of 70
Proposed Changes:
Section 17–42. Prohibited Signs
•Added off-site signs and discontinued signs
•These are already prohibited, they are being added for clarification
Section 17–51. Nonconforming Signs
•Add a “circumstance” where a nonconforming sign must be brought into
compliance
•If construction exceeds 25% of assessed value of parcel improvements
or when the total square footage of a structure is expanded by 25% or
more within a two year time frame. (language was taken from the
landscape section of the zoning code)Agenda Item #1.A.27 Apr 2020Page 64 of 70
Proposed Changes:
Section 17–52. –Waivers
•Replace with Variances
•Signs are closely related to land development and are often included
within a municipality’s land development regulations.
•Staff believes the Community Development Board is the most
appropriate body to hear sign code issues.Agenda Item #1.A.27 Apr 2020Page 65 of 70
Proposed Changes:
Section 17–63. –Calculation of permitted sign size
•Remove sign display area because it
caused confusion when calculating sign
sizes.
•Use sign height, width, and square
footage to calculate freestanding signs.
This is how the code currently is, the
proposed language is only to clarify this.Agenda Item #1.A.27 Apr 2020Page 66 of 70
Proposed Changes:
Section 17–64. Fees
•Simplify fees with a flat rate of $30 for fascia signs and $50 for
freestanding signs
Current Fee Structure:
1)Thirty-two (32)square feet or less of sign display area or sign face area,as appropriate:Thirty dollars ($30.00).
(2)Larger than thirty-two (32)square feet:An additional ten dollars ($10.00)for each square foot exceeding thirty-
two (32)square feet of sign display area or sign face area,as appropriate.
(3)Freestanding signs constructed in accordance with the provisions of section 24-171(d),commercial corridor
development standards:Freestanding signs constructed of a solid material such as wood,masonry or high-
density urethane,and externally-illuminated in a manner that washes the sign in indirect light from a fluorescent
ground source shall be entitled to a fifty (50)percent reduction in sign permit fees.Agenda Item #1.A.27 Apr 2020Page 67 of 70
Questions?Agenda Item #1.A.27 Apr 2020Page 68 of 70
NOTICE OF COMMISSION WORKSHOP
BEING HELD VIA VIDEOCONFERENCE
Notice is hereby given that the Atlantic Beach City Commission will hold a workshop at 5:30 p.m. on
Monday, April 27, 2020. The purpose of this workshop is to discuss the Proposed Sign Code – Ordinance
No. 60-20-21.
Due to these extraordinary times, the City Commission will not be meeting in person; rather, the meeting
will be held via videoconference.
Pursuant to Governor DeSantis’ Executive Order Number 20-69, issued on March 20, 2020, “Local
government bodies may utilize communications media technology, such as te lephonic and video
conferencing, as provided in Section 120.54(5)(b)2. Florida Statutes.” Pursuant to Section 2-403, Code of
Ordinances, and to an emergency order executed March 27, 2020 as re-instituted by the Mayor and City
Manager, the City Manager has adopted administrative rules that are necessary and appropriate to
implement communications media technology, and to set the time, place, rules of conduct and procedure
for the April 13 electronic regular City Commission meeting. Public input may be made in advance by email;
by placing written comments in the drop box in front of City Hall; or during the meeting via video
conference. Instructions are provided at the bottom of this notice.
This meeting will be live-streamed and video recorded, as usual. The video recording with closed captioning
will be posted within four business days on the City’s website at www.coab.us. To live-stream the meeting
or to access the video recording afterward, click on the “Meeting Videos” tab on the City’s home page.
In accordance with the Americans with Disabilities Act, persons needing a special accommodation for this
proceeding should contact Donna Bartle, City Clerk, at 247-5809 or at dbartle@coab.us by noon, Friday,
April 24, 2020.
INSTRUCTIONS FOR VIEWING AND PROVIDING PUBLIC COMMENTS:
APRIL 27, 2020 CITY OF ATLANTIC BEACH ELECTRONIC COMMISSION WORKSHOP
The April 27, 2020 Commission Workshop will be a webinar conducted electronically (or “virtually”) with
no public in attendance in the City Hall Commission Chamber.
Members of the public may provide written comments (1) to be read during the meeting or (2) to be
entered into record without being read during the meeting. To do this:
1. Email your comments and/or materials to City Clerk Donna Bartle by noon, April 27, 2020 at
dbartle@coab.us, or place them in the Drop Box outside of City Hall, 800 Seminole Road, by noon,
April 24,
2. Title your comments: “Written Comments for Commission Workshop, April 27, 2020”,
3. Provide your name (required), address and email address, and
4. If you desire for your written comments to be read into the record during the meeting, please
indicate so and limit them to 300 words. Only written comments of 300 or fewer words will be read
into the record during the meeting. All other written comments received by the deadline will be
entered into the meeting record and distributed to the City Commission and the appropriate staff
before the start of the meeting.
Agenda Item #
27 Apr 2020
Page 69 of 70
Members of the public who opt to comment during electronic meetings – rather than providing written
comments before the meeting -- may do so by registering to provide public comment. To register, click
on the “Register to Provide Public Comment” link at https://www.coab.us/506/Meeting-Videos.
There are two meetings scheduled back-to-back for April 27. Please register only for the meeting you
wish to provide public comment on at least one hour before each meeting starts. If you wish to
provide public comment on both meetings, even though these meetings are scheduled back-to-back,
you must register for and join each meeting separately.
When you connect, you will see the message “Please wait, the meeting host will let you in soon”. Due
to new security guidelines, you will not be able to connect after either meeting starts.
Members of the public that do not wish to provide public comment may view these electronic City
Commission meeting live streams by visiting https://www.coab.us/506/Meeting-Videos and by clicking
on the live streaming link available on April 27. A copy of the proposed presentation can be found at
https://www.coab.us/808/City-Projects.
For additional information or assistance, please contact the following before the meeting:
For questions regarding the Proposed Sign Code - Ordinance No. 60-20-21: Amanda Askew, Planning
and Community Development Director, aaskew@coab.us or (904) 247-5841.
For other public comment questions: Donna Bartle, City Clerk, dbartle@coab.us. or (904) 247-5809.
For questions on connecting to the electronic meeting: Bob Cimon, IT Senior Systems Engineer,
rcimon@coab.us or (904) 518-0783.
Agenda Item #
27 Apr 2020
Page 70 of 70