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04-27-20 Regular City Commission Final Agenda packet City of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, April 27, 2020 - 6:30 p.m. via Videoconference INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES * 1.A. Approve minutes of the Regular Commission Meeting on January 13, 2020. 01-13-20 DRAFT Regular Commission Meeting Minutes 5 - 24 * 1.B. Approve minutes of the Regular Commission Meeting on February 10, 2020. 02-10-20 DRAFT Regular Commission Meeting Minutes 25 - 49 2. COURTESY OF FLOOR TO VISITORS * 2.A. Brief Update by Congressman John Rutherford on federal initiatives 2.B. Proclamation congratulating Clarence Hill for being awarded the DAR National Defense Distinguished Citizen Medal Proclamation - Clarence Hill 51 * 2.C. Presentation by Langton Consulting, report on grant administration activities COAB Mid-Year Report 2019-2020 COAB Monthly Report 4-21-20 53 - 55 PUBLIC COMMENT Instructions on providing public comments 57 - 58 3. CITY MANAGER REPORTS 3.A. City Manager’s Report 3.B. Accept the 90-Day Calendar 90-Day Calendar (April - June 2020) 59 - 62 * 3.C. Parking Issues 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS * 4.A. Emergency Orders (Mayor Glasser) Page 1 of 132 Regular City Commission - 27 Apr 2020 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Acknowledge receipt of the Monthly Financial Report for March 2020. Financial Report- March 2020 63 - 66 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS None. 9. ACTION ON ORDINANCES * 9.A. ORDINANCE NO. 60-20-21, Introduction and First Reading 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 67 - 132 Page 2 of 132 Regular City Commission - 27 Apr 2020 ERRORS; PROVIDING FOR APPLICABILITY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 60-20-21 - Staff Report Ordinance No. 60-20-21 with Exhibit A Ordinance No. 60-20-21 - Sign Code Update Presentation 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. 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 Video tab on the home page. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record sh all include the testimony and evidence upon which the appeal is to be based. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. 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 noon, the Friday prior to the meeting. Page 3 of 132 Page 4 of 132 Regular City Commission January 13, 2020 MINUTES Regular City Commission Meeting Monday, January 13, 2020 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ROLL CALL: Present: Ellen Glasser, Mayor - Seat 1 Cindy Anderson, Commissioner - Seat 2 (District 1308) Blythe Waters, Mayor Pro Tem / Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Commissioner - Seat 5 (District 1312) Also Present: Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting on August 26, 2019. 1B. Approve minutes of the Town Hall meeting on October 5, 2019. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2 COURTESY OF FLOOR TO VISITORS 2A. Proclamation for Arbor Day Mayor Glasser invited Environmental Stewardship Committee (ESC) member Mark Gabrynowicz, to join her as she read and presented him with the Annual Arbor Day Proclamation. He accepted on behalf of the ESC. CM Corbin invited Community Planning and Development Director (CPDD) Amanda Askew to speak regarding an Arbor Day event January 17, 2020. CPDD Askew displayed a slide that outlined the event time, location and details. She invited the public to attend. Page 1 of 20 Agenda Item #1.A. 27 Apr 2020 Page 5 of 132 Regular City Commission January 13, 2020 PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Don Wolfson, former Mayor of COAB, spoke about the commitment, dedication and legacy of Lyman Fletcher. John November spoke remembering lasting impressions and instilled lessons of Mr. Lyman Fletcher. Mathew Whidden spoke about the inspiration Mr. Lyman Fletcher provided to members of the legal community. Mayor Glasser welcomed and recognized the family of Mr. Lyman Fletcher. She expressed her appreciation for their attendance. Joanna Fletcher expressed her gratitude on behalf of her family for the recognition bestowed to her husband, Lyman Fletcher. Mayor Glasser closed the Courtesy of the Floor. 3 CITY MANAGER REPORTS 3A. City Manager’s Report CM Corbin addressed the Commission and reported the following: • The Town Hall Meeting, January 11, 2020, was well attended. • Discussed Main Street bicycle, pedestrian travel lanes, and safety concerns. • Speed limit and physical changes to roadway regarding enhanced safety. • Logistics, costs, and time frames regarding Main Street. • Priority Setting for Commission review. • The Police Department has scheduled a community meeting to discuss Sturdivant Avenue parking and traffic concerns January 21, 2020 at Community Presbyterian Church. • Paid parking officially enforced January 15, 2020. • COAB website overhaul; please submit suggestions for improvements. • New shower installed at 19th Street beach access. Police Chief Michelle Cook addressed the Commission regarding her intent to step down as COAB Chief of Police to campaign for Sheriff in Clay County, her home. She expressed gratefulness to the staff, elected officials and community. She formally recommended Vic Gualillo to serve as Interim Chief of Police. The Commission expressed gratitude for Chief Cook's service to Atlantic Beach and welcomed Interim Chief of Police Victor Gualillo. Page 2 of 20 Agenda Item #1.A. 27 Apr 2020 Page 6 of 132 Regular City Commission January 13, 2020 3B. Accept the 90-Day Calendar (January 2020 through March 2020) There was CONSENSUS from the Commission to accept the 90-day Calendar. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. Proclamation in Appreciation and Gratitude for our Friendship with Atlantic Beach, N.C. (Mayor Glasser) Mayor Glasser entered into the official record the Proclamation in Appreciation and Gratitude for our Friendship with Atlantic Beach, N.C. 4B. Balloon Releases (Mayor Glasser) Mayor Glasser proposed an ordinance restricting outdoor balloon releases. This ordinance would protect our rivers, streams and marshes as well as our oceans and edible resources. The City of Fernandina Beach has implemented a similar ordinance imposing a $100 fine per violation. There was CONSENSUS from the Commission for staff to draft a similar ordinance restricting balloon and lighted lantern releases under the classification of litter for Commission consideration. 4C. Proclamation for Dr. Martin Luther King, Jr. Day 2020 (Mayor Glasser) Mayor Glasser will present the Proclamation for Dr. Martin Luther King, Jr. Day 2020, included in the agenda packet, January 20, 2020 at the Third Annual MLK Appreciation Event, Atlantic Beach Assembly of God Church. This year’s recipients include Reverend Mattie Freeman, Orpah L. Jackson and Deacon Robert Lawrence. Everyone is encouraged and welcome to attend. 4D. Add 5-way Stop (Mayor Glasser) Mayor Glasser informed the Commission that the house on the corner of Seminole Road and Plaza is for sale. She suggested that purchase of this property by the City could assist in alleviating traffic congestion on North Seminole by providing a right turn lane for traffic heading west onto Plaza. CM Corbin requested Commission approval for a $5000 to $10,000 traffic engineering study to determine feasibility of the property. Discussion ensued citing possible benefits for acquiring the property including accessibility and assistance in storm water drainage, building a senior citizen center and the alleviation of traffic. There was CONSENSUS by the Commission for CM Corbin to proceed with a traffic engineering study and to contact the property owner to express the City's interest in the property. Page 3 of 20 Agenda Item #1.A. 27 Apr 2020 Page 7 of 132 Regular City Commission January 13, 2020 Commissioner Kelly • Board/Committee Member Training in December was not well attended; however, a benefit to those members who did attend. Commissioner Waters • Recognized the Christmas lights display by the Leibecki family in Oceanwalk. Their contribution and positive impact to the Atlantic Beach community was a lasting gift of spirit. Commissioner Anderson • Discussed Senate Bill 1128 regarding Short-Term Rentals and suggested contacting our local representatives to voice opposition. Mayor Glassser • Thank you to Public Works Director Scott Williams for the shower at 19th Street beach access. The community is grateful for the beautification and the ADA accessibility for their children in wheelchairs. The community has embraced it. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 5A. Septic to Sewer Financing CM Corbin invited Public Utilities Director (PUD) Bill Pittman, and Finance Director (FD) Melissa Burns to respond to questions from the November 25th, 2019 Commission meeting regarding previous financing for City residents affected by the septic to sewer project. FD Burns presented a PowerPoint on the Marsh Side Septic-to-Sewer Project, which is attached and made part of this Official Record as Attachment A., and discussed past City policy. PUD Mr. Pittman continued the presentation and identified area section H on map (19-21 residents) homes with septic tanks in the Public Utility service area, septic tank conversion costs and options for the future. He also stated that the League of Cites offers an insurance policy to customers for their plumbing. Mayor Glasser thanked staff for the additional requested information and opened the discussion to the Commission. Discussion ensued including requesting a list of residents living in area H and ways to offset costs and impact fees to residents. Attachment A - Marshside Septic-to-Sewer Project 6 CONSENT AGENDA None. 7 COMMITTEE REPORTS None. Page 4 of 20 Agenda Item #1.A. 27 Apr 2020 Page 8 of 132 Regular City Commission January 13, 2020 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 20-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH STATING ITS SUPPORT FOR THE DEVELOPMENT OF U.S. BICYCLE ROUTE 1. Mayor Glasser read the Resolution by title. CM Corbin presented Resolution No. 20-01 as an official designation of U.S. Bicycle Route 1, a bike corridor through the U.S. promoting bike travel and promoting communities as bicycle tourism destinations. The proposed route is shown on the map included in the agenda packet. Changes to the route can be made twice per year. MOTION: To adopt Resolution No. 20-01 as read. Motion: Brittany Norris Second: Candace Kelly Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Cindy Anderson For Blythe Waters For Motion passed 5 to 0. 8B. RESOLUTION NO. 20-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING THE RUSSELL PARK BASKETBALL RECONSTRUCTION PROJECT. CM Corbin stated that the previously budgeted item has exceeded the project funding. The City is requesting approval for additional funds to come from the Public Works Department budget. Discussion ensued including the previous projects the contractor has successfully completed work for COAB including pickle ball courts at Donner Park, requests for funding assistance to offset project costs were denied by Jacksonville City councilmen and ADA compliance options. MOTION: To adopt Resolution No. 20-02 as read. Motion: Candace Kelly Second: Blythe Waters Page 5 of 20 Agenda Item #1.A. 27 Apr 2020 Page 9 of 132 Regular City Commission January 13, 2020 Ellen Glasser For Cindy Anderson For Blythe Waters (Seconded By) For Candace Kelly (Moved By) For Brittany Norris For Motion passed 5 to 0. 8C. RESOLUTION NO. 20-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A 59 INCH- DIAMETER LIVE OAK TREE ON SATURIBA DRIVE AS A HERITAGE TREE. Mayor Glasser read the Resolution by title. PCDD Askew, addressed the Commission and presented slides, included in the agenda packet that included the location, history and age of the tree considered for designation as a Heritage Tree. The owner of the tree will be publicly thanked during the Arbor Day celebration. PCDD Askew, also informed the Commission of the air potato leaf beetle who feeds on the indigenous, invasive vine. In May, the Florida Department of Agriculture and Consumer Services will send beetles to COAB to be released into the community. They will serve to diminish next year’s air potato vine growth. MOTION: To adopt Resolution No. 20-03 as read. Motion: Cindy Anderson Second: Candace Kelly Cindy Anderson (Moved By) For Candace Kelly (Seconded By) For Ellen Glasser For Blythe Waters For Brittany Norris For Motion passed 5 to 0. 8D. RESOLUTION NO. 20-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #1920-02 FOR BEGONIA STREET GRAVITY SEWER EXTENSION. Mayor Glasser read the Resolution by title. PUD Pittman addressed the Commission on Phase 1 of the Septic- to- Sewer Project. He referenced the Bid Analysis table included in the agenda packet, and discussed the six submitted bids. Page 6 of 20 Agenda Item #1.A. 27 Apr 2020 Page 10 of 132 Regular City Commission January 13, 2020 Discussion ensued regarding the large variance between bid amounts. PUD Pittman and Mayor Glasser attested to the reputation of the contractor who reported the lowest bid. The construction company has been vetted by COAB and successfully performed a number of projects for COAB. MOTION: To adopt Resolution No, 20-04 as read. Motion: Candace Kelly Second: Brittany Norris Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Motion passed 5 to 0. 8E. RESOLUTION NO. 20-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORARILY DESIGNATING THE BOARDWALK, FISHING PIER, AND KAYAK LAUNCH AT THE NORTH END OF DUTTON ISLAND PRESERVE IN THE CITY OF ATLANTIC BEACH, AS “LYMAN’S POINT”; DIRECTING CITY STAFF TO ERECT AND PROUDLY DISPLAY A SUITABLE MARKER TO HONOR ATLANTIC BEACH RESIDENT AND FORMER MAYOR LYMAN FLETCHER, WHO WAS INSTRUMENTAL IN THE CITY’S CONSERVATION ACQUISITION OF, AND IMPROVEMENTS TO, DUTTON ISLAND PRESERVE; AND PROVIDING AN EFFECTIVE DATE. Commissioner Waters read the Resolution by title. She made remarks regarding the legacy and integrity of Lyman Fletcher recognizing his relentless efforts, dedication and service to our City. The placement of the marker at Dutton Island serves to honor and preserve the memories of Mr. Lyman Fletcher and recognizes his relentless pursuit to preserve Dutton Island. Mayor Glasser acknowledged the accomplishments of Mr. Lyman Fletcher for acquiring and preserving the land for COAB and requested that this Resolution to supersede the previous (Resolution No. 02-20) as it will properly honor the former Mayor. She suggested installing a sign marking the route to Lyman's Point and the previous marker presented to the family. Discussion ensued including the history of Dutton Island Preserve's and the benefits the preserve provides the community. Page 7 of 20 Agenda Item #1.A. 27 Apr 2020 Page 11 of 132 Regular City Commission January 13, 2020 Mayor Glasser concluded by expressing her gratitude and love to the Fletcher family and asked them to share the information regarding Resolution 20-05 with Mr. Fletcher who was unable to attend. She gave a special thank you to Commissioner Waters and John November for their dedication to this project. MOTION: To adopt Resolution No. 20-05 with the amendment that it will supersede Resolution No. 02-20. Motion: Brittany Norris Second: Cindy Anderson Brittany Norris (Moved By) For Ellen Glasser For Cindy Anderson (Seconded By) For Blythe Waters For Candace Kelly For Motion passed 5 to 0. 8F. RESOLUTION NO. 20-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, CONTINUING CONTRACT FOR ENGINEERING FOR BEGONIA STREET GRAVITY SEWER EXTENSION. Mayor Glasser read the Resolution by title. PUD Pittman discussed Phase II Engineering Design for Septic to Sewer Project. This portion of the project involves multiple roads and includes laying the ground work for future projects. Mayor Glasser referenced the staff report, included in the Agenda Packet, and noted the benefit to the City for Mr. Swann, City Engineer who contributed greatly to this project. MOTION: To adopt Resolution No. 20-06 as read. Motion: Candace Kelly Second: Brittany Norris Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Motion passed 5 to 0. Page 8 of 20 Agenda Item #1.A. 27 Apr 2020 Page 12 of 132 Regular City Commission January 13, 2020 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 65-20-40, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALK AND OTHER PUBLIC PLACES, BY AMENDING SECTION 19-1, CONSTRUCTION WITHIN AND/OR USE OF RIGHT-OF-WAY, TO PROHIBIT PERMANENT BASKETBALL GOALS; AND PROVIDING AN EFFECTIVE DATE. (Please Note: This public hearing will be opened during this meeting and continued to the January 27, 2020 meeting.) Mayor Glasser read the Ordinance by title. Mayor Glasser requested CM Corbin to provide background and next steps relating to Ordinance No. 65-20-40. CM Corbin informed the Commission: • The ordinance originated from citizen complaints regarding basketball goals in the rights of way. • City collaborated with the Police Department amending an ordinance that allows temporary recreation structures. • Changes were made and approved by the Commission on the first reading. • The second reading, due to improper public noticing, will continue at the Public Hearing on January 27, 2020. • Text change prohibits all permanent recreation structure in public rights of way. • Does not allow temporary recreation structure on the same streets that do not allow parking on the rights of way. • Violations are regulated case by case based on nuisance calls. MOTION: To continue the Public Hearing on Ordinance No. 65-20-40 to January 27, 2020. Motion: Cindy Anderson Second: Blythe Waters Cindy Anderson (Moved By) For Blythe Waters (Seconded By) For Ellen Glasser For Candace Kelly For Brittany Norris For Motion passed 5 to 0. 10 MISCELLANEOUS BUSINESS None. Page 9 of 20 Agenda Item #1.A. 27 Apr 2020 Page 13 of 132 Regular City Commission January 13, 2020 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden: • Informed the Commission of the commencement of the Legislative session. • Distributed a handout provided by the Environmental and Land Use Law Section documenting Bills that have been introduced. CC Bartle: • Informed the Commission of the Board/Committee Member Training. • 2020 Outlook invites sent to Commissioners regarding meeting and Invocation assignments for the New Year. • Please welcome our new Records Clerk, Mrs. Flower. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Mayor Glasser: • Invited Duval County Public School Board Vice-Chairman Elizabeth Andersen to speak at the Education Forum February 11, 2020. • Discussed having a legislative strategy for voicing Commission concerns to legislators. • Requested, on next agenda, further discussion regarding the House Bill 1079 to elect a superintendent for Duval County Public School. CM Corbin welcomed everyone into the New Year. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 10:30 p.m. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved____________________________ Page 10 of 20 Agenda Item #1.A. 27 Apr 2020 Page 14 of 132 Marshside Septic-to-Sewer Project Atlantic Beach, FL ATTACHMENT A January 13, 2020 Minutes 1Page 11 of 20Agenda Item #1.A.27 Apr 2020Page 15 of 132 Septic Tanks in Public Utilities Service Area ATTACHMENT A January 13, 2020 Minutes 2Page 12 of 20Agenda Item #1.A.27 Apr 2020Page 16 of 132 Septic Tanks Within the City Limits Mayport Rd/Donner Rd - 3 Marshside - 33N. Seminole Rd - 10 ATTACHMENT A January 13, 2020 Minutes 3Page 13 of 20Agenda Item #1.A.27 Apr 2020Page 17 of 132 Marshside Septic-to-Sewer Project •2 Phase Project •Phase I out to bid within several weeks •Phase II under design •Project Goals •Eliminate 19 Existing Septic Tanks •Provide sewer service to 11 Developable Parcels •Future Project Expansion •Eliminate an additional 12 existing Septic Tanks •Provide sewer service to ~12 Developable Parcels ATTACHMENT A January 13, 2020 Minutes 4Page 14 of 20Agenda Item #1.A.27 Apr 2020Page 18 of 132 Marshside St Septic-to-Sewer Project •Project Budget •Sewer System Extension only •Phase I - $190,000 •Phase II - $343,000 •Project Funding •System Development Funds - $400,000 •SJRWMD Grant - $133,000 •Grant Summary •Funding from SJRWMD District-Wide Cost-Share Program •Reimburses 1/3 of construction cost up to $133,000 •Funds can be used for any construction related activities associated with eliminating septic tanks in the Marshside Project Area ATTACHMENT A January 13, 2020 Minutes 5Page 15 of 20Agenda Item #1.A.27 Apr 2020Page 19 of 132 Marshside – Phase I BegoniaStATTACHMENT A January 13, 2020 Minutes 6Page 16 of 20Agenda Item #1.A.27 Apr 2020Page 20 of 132 Marshside – Phase II ATTACHMENT A January 13, 2020 Minutes 7Page 17 of 20Agenda Item #1.A.27 Apr 2020Page 21 of 132 Septic Tank Conversions •In 2000 there were 400 Septic Tanks within the City Limits •By 2019 only ~46 Remaining within the City Limits •Marshside Project to Eliminate an Additional 19 •Future expansion of will Eliminate an Additional 12 •Remaining ~15 Septic Tanks in the City are located in areas difficult to cost-effectively serve ATTACHMENT A January 13, 2020 Minutes 8Page 18 of 20Agenda Item #1.A.27 Apr 2020Page 22 of 132 Past City Policy •Property owners must be notified 1 year prior to sewer availability (F.S.) •Property owners must connect to City sewer within 1 year of sewer availability (F.S.) •Minimum $4,050 System Development Fee per property (Sewer Only) •Must connect to City water if available •Financing by the City available @ 5% interest, 4% if included in sewer bill •10 Previous conversions are currently being financed by the City with outstanding balances from $500 to $5,500 and average monthly charge of $80 ATTACHMENT A January 13, 2020 Minutes 9Page 19 of 20Agenda Item #1.A.27 Apr 2020Page 23 of 132 Conversion Costs & Options •Septic Tank Conversion (decommissioning, sewer tap, etc.) = $6,000 - $8,000 •System Development Fee = $4,050 •Options to Consider: •Property Owner pays 100% of Conversion and System Development Fee •Property Owner pays System Development Fee, grant funds used on a first-come, first-served basis for Conversion •In the past, City has financed 100% of Conversion costs and SDF •Under either Option, City could hire contractor for Conversion work resulting in potentially lower costs to property owner ATTACHMENT A January 13, 2020 Minutes 10Page 20 of 20Agenda Item #1.A.27 Apr 2020Page 24 of 132 Regular City Commission February 10, 2020 MINUTES Regular City Commission Meeting Monday, February 10, 2020 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ROLL CALL: Present: Ellen Glasser, Mayor - Seat 1 Cindy Anderson, Commissioner - Seat 2 (District 1308) Blythe Waters, Mayor Pro Tem / Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Commissioner - Seat 5 (District 1312) Also Present: Brenna Durden, City Attorney (CA) Shane Corbin, City Manager (CM) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting on October 28, 2019. 1B. Approve minutes of the Regular Commission Meeting on November 12, 2019. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2 COURTESY OF FLOOR TO VISITORS 2A. Recognition of Police Department 2019 Employees of the Year • Officer of the Year - Robert Harding - Police Officer • Civilian of the Year - Fred Gilbert - Communications Center Supervisor • Volunteer of the Year - Zee Dagher - Volunteer Interim Chief Vic Gualillo explained he will be recognizing Atlantic Beach Police Department employees/volunteers, who were voted for by their peers. They are as follows: Zee Dagher - Volunteer of the Year, assisting with special events, traffic control, and enforcing traffic and parking regulations. Page 1 of 25 Agenda Item #1.B. 27 Apr 2020 Page 25 of 132 Regular City Commission February 10, 2020 Fred Gilbert - Civilian Employee of the Year, hired in 2011, promoted in 2015 to Dispatch Supervisor, assisting in audit compliance, and launching of new dispatch system. Robert Harding - Police Officer of the Year, for continually displaying exceptional service to our community. He has 34 years of service with COAB Police Department. Mayor Glasser thanked the COAB Police Department and volunteers. PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. • Lenny Jevic spoke about concerns regarding the delay of the Seminole Road Sewer and Drainage Improvement project by a previous Commission. He encouraged multi- use paths be extended south of the 5-way to Atlantic Blvd., and asked the City to limit intrusion into front yards of the homes when extending the paths. He thanked the City for moving forward on the projects. 3 CITY MANAGER REPORTS 3A. City Manager’s Report CM Corbin addressed the Commission about the following topics. • Funding for the Seminole Road Sewer Drainage project is allocated for beginning of a segment of the project, and an Open House is scheduled for February 20th for public input on design work for the multi-use path. • 198 Poinsettia Road case has reached a settlement agreement and will undergo demolition. • Traffic study ordered on the 5-way stop as the City discusses the purchase of the house on Seminole Road for possible use as City offices and for putting in a southbound turning lane. • Extended his thanks and appreciation to everyone involved in the preparation and support of the Donna Run. • Attending the Florida League of Cities Legislative Action Days in Tallahassee this week. • Beginning an education track with the Florida Redevelopment Agency, will total 12 classes beginning this month. DCM Hogencamp addressed the Commission and provided and update on Commission Priorities. Questions and discussion ensued regarding 198 Poinsettia settlement terms. 3B. Accept the 90-Day Calendar (February 2020 through April 2020) Discussion ensued regarding adding the Open House to the calendar and scheduling a Sign Code Workshop to discuss the Sign Ordinance. Page 2 of 25 Agenda Item #1.B. 27 Apr 2020 Page 26 of 132 Regular City Commission February 10, 2020 There was CONSENSUS to accept to accept the 90-Day Calendar with the exception to add the Open House on February 20th and a Sign Code Workshop on February 24th. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. Parking Ordinance Amendment regarding Sherry Dr. (Commissioner Anderson) Commissioner Anderson spoke about her concerns with an Ordinance that is not enforced, amending the Ordinance so that it is enforceable, stated that discussions with the school have taken place and the Stop, Stand or Park section of the Parking Ordinance. Questions and discussion ensued regarding ways the Ordinance can be amended, i.e. adding specific time frames, and parking solutions. There was CONSENSUS to proceed to staff review for amendment of the Parking Ordinance. Commissioner Kelly- no comments. Commissioner Norris • Requested information on removal of No Parking signs on Main Street if they are not there by ordinance. • Suggested the City make a light- hearted video about the Parking Program. • The Community Center van used for outings for our senior citizens is not the most accessible and requested looking into acquiring a better, more accessible vehicle for the senior citizens. Commissioner Waters • Asked to remove the option to pay to park for a three hour block of time through the Flowbird app. It adds up to more than paying for three hours at the hourly rate. Mayor Glasser • Paid Parking glitches are being addressed. • Post Donna Marathon feedback, acknowledged JSO, and JFRD for commendable work. • Town Hall with School Board member Anderson is tomorrow, February 11th at 6:00 pm. • Leroy Everett Day will be a big event for Atlantic Beach, scheduled for Saturday, February 15th. • Transportation Planning Organization meeting on Thursday for the Mayport Road proposal, Commissioner Norris to attend with Mayor. • Requested feedback for switching Mayor Pro Tems, Mayor Glasser requested Commissioner Norris for the position, will place item on next agenda. Page 3 of 25 Agenda Item #1.B. 27 Apr 2020 Page 27 of 132 Regular City Commission February 10, 2020 • Requested feedback on changing the COAB charter regarding residency in Atlantic Beach for the City Manager. Discussion ensued regarding City Manager residency being up to the voters, and if it is put on a ballot for voting the need to state a reason. Commissioner Kelly expressed that City Manager should live in the City. Commissioner Norris is open to see what the citizens would say, with distance requirements. CA Durden spoke about requirements to change the charter and placing the topic on the next referendum. There was CONSENSUS to proceed to staff review of the item of changing the City Manager residency requirement. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA 6A. Approve the 9-1-1 Interlocal Agreement for the distribution of 9-1-1 funds for call taker salaries and authorize the Mayor and City Manager to sign the 9-1-1 Interlocal Agreement between the City of Atlantic Beach and the City of Jacksonville. MOTION: To approve the Consent Agenda. Motion: Blythe Waters Second: Candace Kelly Ellen Glasser For Cindy Anderson For Blythe Waters (Moved By) For Candace Kelly (Seconded By) For Brittany Norris For Motion passed 5 to 0. 7 COMMITTEE REPORTS None. 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 20-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PURCHASE THREE NEW TRUCKS DURING FY1920. Mayor Glasser read the Resolution by title. Page 4 of 25 Agenda Item #1.B. 27 Apr 2020 Page 28 of 132 Regular City Commission February 10, 2020 CM Corbin addressed the Commission and reviewed the staff report as detailed in the agenda for the purchase of two new trucks for the Streets Division and one new truck for the Parks Division. MOTION: To approve Resolution No. 20-10 as read. Motion: Candace Kelly Second: Brittany Norris Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Motion passed 5 to 0. 8B. RESOLUTION NO. 20-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE SUBMITTAL OF FEDERAL HAZARD MITIGATION GRANT PROGRAM APPLICATIONS UNDER FEDERAL EMERGENCY MANAGEMENT AGENCY VIA THE PRESIDENTIAL DISASTER DECLARATION FOR HURRICANE MICHAEL (FEMA 4399-DR-FL); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPLICATION AND ASSURANCES AND AGREEMENTS FOR ALL MATTERS PERTAINING TO SUCH FEDERAL ASSISTANCE FOR AND ON BEHALF OF THE CITY OF ATLANTIC BEACH Mayor Glasser read the Resolution by title. CM Corbin addressed the Commission and reviewed the staff report which is part the agenda. He explained the grant is highly competitive, it is unlikely the City will receive funding this year. In the event Duval County is declared a hazard zone, the City will have submitted our information for future grants. MOTION: To approve Resolution No. 20-11. Motion: Cindy Anderson Second: Brittany Norris Ellen Glasser For Cindy Anderson (Moved By) For Blythe Waters For Candace Kelly For Brittany Norris (Seconded By) For Page 5 of 25 Agenda Item #1.B. 27 Apr 2020 Page 29 of 132 Regular City Commission February 10, 2020 Motion passed 5 to 0. 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 90-20-245 Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN TO THE STATE OF FLORIDA’S VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID AMENDMENTS UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE STATE COORDINATED REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. CM Corbin stated that these are the comprehensive plan update/ amendments discussed at the Workshop earlier. Planning and Community Development Director (PCDD) Askew presented a slide show titled Comprehensive Plan 2030 Update, which is attached and made part of this Official Record as Attachment A. Mayor Glasser opened the Public Hearing. There were no speakers. Attachment A - Comprehensive Plan 2030 Update MOTION: To defer action and continue the Public Hearing on Ordinance No. 90 -20-245 to March 23, 2020. Motion: Cindy Anderson Second: Brittany Norris Ellen Glasser For Cindy Anderson (Moved By) For Blythe Waters For Candace Kelly For Brittany Norris (Seconded By) For Motion passed 5 to 0. 9B. ORDINANCE NO. 95-20-118 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, BY AMENDING SECTION 5 -4, LITTERING, ADOPTING NEW SECTION TO PROHIBIT THE OUTDOOR RELEASE OF BALLOONS AND SKY LANTERNS; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. Page 6 of 25 Agenda Item #1.B. 27 Apr 2020 Page 30 of 132 Regular City Commission February 10, 2020 CM Corbin invited PCDD Askew to report on this item. PCDD Askew addressed the Commission and reviewed the proposed Ordinance which is included on page 96 of the agenda packet. Questions and discussion ensued regarding enforcement, amount for the penalty and adding the penalty amount to the Ordinance. Interim Chief Gualillo addressed the Commission and suggested Police Department for enforcement. CA Durden stated to it is necessary to change the title and bring it back for a first reading. MOTION: To defer action on Ordinance No. 95-20-118 to the February 24, 2020 meeting. Motion: Brittany Norris Second: Candace Kelly Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Cindy Anderson For Blythe Waters For Motion passed 5 to 0. 10 MISCELLANEOUS BUSINESS None. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Bartle - Blood drive is scheduled for Friday, February 14th. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANA Commissioner Kelly-no further comments. Commissioner Norris-no further comments. Commissioner Waters - no further comments. Commissioner Anderson-no further comments. Mayor Glasser • Submitted correspondence, which included the Resolutions that this Commission passed, highlighting whether this Commission was in support or opposition of legislation that is under consideration. • Discussed a recent memo submitted by the Speaker of the House to all municipal officials regarding tree trimming and removing on private property. Page 7 of 25 Agenda Item #1.B. 27 Apr 2020 Page 31 of 132 Regular City Commission February 10, 2020 • Requested to see updates the Environmental Stewardship Committee (ESC) has for our Tree Code Ordinance. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:11 p.m. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved__________________________ Page 8 of 25 Agenda Item #1.B. 27 Apr 2020 Page 32 of 132 Comprehensive Plan 2030 Update ATTACHMENT A February 10, 2020 Minutes Page 9 of 25Agenda Item #1.B.27 Apr 2020Page 33 of 132 Purpose of Comp Plan The comprehensive plan, also known as a general plan, master plan or land-use plan, is a document designed to guide the future actions of a community. It presents a vision for the future, with long-range goals and objectives for all activities that affect the city. •It is the means by which a community can balance competing private interests •It is the means by which a community can protect public investments •It allows communities to plan development in a way that protects valued resources. •It provides guidance for shaping the appearance of the community. •It promotes economic development. •It provides justification for decisions. •Through public dialogue, citizens express a collective vision for the future ATTACHMENT A February 10, 2020 Minutes Page 10 of 25Agenda Item #1.B.27 Apr 2020Page 34 of 132 Infrastructure Element Change ADD the following policy ………… Policy C.1.2.3 The City’s Water Supply Facilities Work Plan 2020-2040 is adopted by reference as part of the comprehensive plan. New ATTACHMENT A February 10, 2020 Minutes Page 11 of 25Agenda Item #1.B.27 Apr 2020Page 35 of 132 Data and Analysis – Public Water System Service Area and Potable Water Facilities Consumptive Use Permit Capacity, Supply and Demand Projections ATTACHMENT A February 10, 2020 Minutes Page 12 of 25Agenda Item #1.B.27 Apr 2020Page 36 of 132 Reclaimed Water, Conservation Practices and Source Projection Coordination within the region Capital Improvement Projects ATTACHMENT A February 10, 2020 Minutes Page 13 of 25Agenda Item #1.B.27 Apr 2020Page 37 of 132 Future Land Use Element Changes Table A-1. Residential Land Use Classification and Permitted Density Residential Land Use Classification Maximum Density Permitted per Acre Residential – Low Density (RL) Up to six (6) Dwelling Units Residential – Medium Density (RM)Seven (7) Up to fourteen (14) Dwelling Units Residential – High Density (RH)Fifteen (15) Up to twenty (20) Dwelling Units ATTACHMENT A February 10, 2020 Minutes Page 14 of 25Agenda Item #1.B.27 Apr 2020Page 38 of 132 Future Land Use Element Changes DELETE the following policy and table………… ATTACHMENT A February 10, 2020 Minutes Page 15 of 25Agenda Item #1.B.27 Apr 2020Page 39 of 132 What Is the Floor Area Ratio (FAR)? The floor area ratio (FAR) is the relationship between the total amount of usable floor area that a building has, or has been permitted to have and the total area of the lot on which the building stands. The ratio is determined by dividing the total or gross floor area of the building by the gross area of the lot. A higher ratio is more likely to indicate a dense or urban construction ATTACHMENT A February 10, 2020 Minutes Page 16 of 25Agenda Item #1.B.27 Apr 2020Page 40 of 132 Housing Land Use Element Changes GOAL F.1 : The City of Atlantic Beach shall provide opportunities for decent, safe and sanitary housing in suitable neighborhoods at affordable costs to meet the needs of the present and future residents of the City as well as ensure the stability and integrity of sound residential neighborhoods. Policy F.1.1.1 The City shall support the efforts of the City of Jacksonville Housing Commission and assist with efforts to determine needs and develop sites and programs on a region-wide basis for housing for very low, low and moderate- income persons. Policy F.1.1.3 The City shall promote the use of alternative zoning techniques and mechanisms to provide a mix of housing types within residential neighborhoods. ATTACHMENT A February 10, 2020 Minutes Page 17 of 25Agenda Item #1.B.27 Apr 2020Page 41 of 132 Future Land Use Element Changes Add the following policy…….. Marsh Oaks Business District - This area was identified during the 2018 Mayport Road Visioning Implementation Plan for pedestrian friendly redevelopment. The land use category was created to allow properties to redevelop with a Traditional Marketplace zoning district without creating conflicts with properties zoned General Commercial and Limited Commercial. Residential uses, not exceeding the High Density category shall also be permitted, when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. Properties providing ??% of the units as very low, low, and moderate income families are eligible for an additional ??% increase in density. The following zoning districts are consistent with the Marsh Oaks Business District land use category and the uses within this land use category shall be limited to the following and as more specifically described within the Land Development Regulations and when located within the respective zoning district. ATTACHMENT A February 10, 2020 Minutes Page 18 of 25Agenda Item #1.B.27 Apr 2020Page 42 of 132 Marsh Oaks Business District ATTACHMENT A February 10, 2020 Minutes Page 19 of 25Agenda Item #1.B.27 Apr 2020Page 43 of 132 ATTACHMENT A February 10, 2020 Minutes Page 20 of 25Agenda Item #1.B.27 Apr 2020Page 44 of 132 Defined in terms of the income of people living in the home. Area Median Income (AMI): determined by HUD for Counties or Areas TYPE % of AMI Income VERY LOW 30% of AMI $15,166.50 LOW 50% of AMI $25,277.50 MODERATE 120% of AMI $60,666.00 JOB STARTING SALARY COAB Police Officer $40,425.00 Duval Co. Teacher $39,500.00 Jacksonville Firefighter $34,068.00 ATTACHMENT A February 10, 2020 Minutes Page 21 of 25Agenda Item #1.B.27 Apr 2020Page 45 of 132 Future Land Use Element Changes Properties providing ??% of the units as very low, low, and moderate income families are eligible for an additional ??% increase in density. TYPE % of AMI Income VERY LOW 30% of AMI $15,166.50 LOW 50% of AMI $25,277.50 MODERATE 120% of AMI $60,666.00 JOB STARTING SALARY COAB Police Officer $40,425.00 Duval Co. Teacher $39,500.00 Jacksonville Firefighter $34,068.00 ATTACHMENT A February 10, 2020 Minutes Page 22 of 25Agenda Item #1.B.27 Apr 2020Page 46 of 132 Future Land Use Element Changes EXAMPLES…… ACERAGE ALLOWABLE BONUS TOTAL UNITS w/ BONUS % AFFORDABLE TOTAL AFFORDABLE 2 ac 20 units 10% 22 units 20% 4.4 units (round up to 5) 2 ac 20 units 20% 24 units 30% 7.2 units (round up to 8) 2 ac 20 units 30% 26 units 30% 7.2 units (round up to 8) 2 ac 20 units 40% 28 units 30% 8.4 units (round up to 8) 2 ac 20 units 50% 30 units 30% 9 units ATTACHMENT A February 10, 2020 Minutes Page 23 of 25Agenda Item #1.B.27 Apr 2020Page 47 of 132 Transportation Element Changes Modify the following Objective and add a new policy……. Objective B.2.3 Provision of Bikeways and Multi-use Facilities All new right-of-ways established within the City shall be of adequate width to provide for bikeways, sidewalks or similar facilities as required to encourage safe and increased pedestrian and bicycle activity.Where possible, existing right-of-ways should provide for bikeways, sidewalks or similar facilities to encourage safe and increased pedestrian and bicycle activity. Policy B.2.3.3 All existing rights-of-way shall be reviewed when resurfaced, redesigned or modified to provide for bikeways, sidewalks, multi-use paths, or similar facilities throughout the city to provide linkages to schools, parks, and other destination points. New New ATTACHMENT A February 10, 2020 Minutes Page 24 of 25Agenda Item #1.B.27 Apr 2020Page 48 of 132 Transportation Element Changes PROPOSED shared use paths New Parks Master Plan ATTACHMENT A February 10, 2020 Minutes Page 25 of 25Agenda Item #1.B.27 Apr 2020Page 49 of 132 Page 50 of 132 .o§2.5320comIJEE .88=E<o8>3.£8E:wanna2. 8nowomoE:mu<woD5o?moRom_m_ommOonecomsmo E8was>.EEm93:Hnmommmmammmzbaz_ .b_::EEoocanmbasooinBoo_>.5,mwasEo:EEEoowiowco co?bmso?ocmm:pomSExaa?bobo?mwas£602ENEOwo:m_:w:um_QommomomEsoumzM<Qo?womzm?aw?onpom ‘WNWNDZEVND B???wcoox%?—DHO~.—ow.bE:EEooaoaomou:m:.<2: (B?ao?moh2:be:23:0£285aosmot:m=<heNEDo?moM932433.0:25Admommmmmi.>>OZ m_NUDEQ®N_wTUwonmmswau?? omsomo?#NEO«um.ZOat‘wowsomoumm§>QQNQJAGOEHOHDO“ma\Cm:.5omNvi wasmm:oumNEnwhOuomiomwotnb05canb?a?s?pom“steam8HES:Ho:Enw::5_oEnm?osowmwE>.$m4€::EEoo baa€958onE5E0333oEm=mooO-o:_>:omv_oE.mo£20b?omEohsoo?mmEmammo.m<m—~E_HH>> E8uowca??ooEsonnz8&3n.moEoE<“mummnmuioimm?onnomdoomE“vanEonumotE~=<E 3m“mom:o_wow~:wo_.5E<_xEoEo</HEQECL.mt_>>oDofgouo?cwa?oo053.035Nm_EmJQMO.m<mmm:§> canmmoorr?m9:8Samoawimmooom£3»m:EBo>:82Emmacan.b3oEoOEnochZo=_>:omxom_.2: 225%JinnE10822m:8Bo>monomommo_o>ow3bmm?ousEvie?manEl.35dom?oo?m.m<.r..—Mm=H>? nanumuamussnmbmas??oomEmo?omom?onwasdowiom .b:w-o>SonSowEo?ouuoumE.©?O%®n—=95wosauaoomm:xbasoom38@338FEEqhao.m<m—Mmmm~>> was$3602no?mwao??ov bézout:can“£352out?owm=oC8Eo2H.:o%.oom>.5mm=Em_=w=€5E9500?rsH?moN:ogm0533008 oncooaao_w>wzSoaémmEWEHDU"camdioamtomo?:owm._omOwntscE502:EwoiomEm£5.w<m.—MH?>> mamEzopmtomo?:ouEomOw?h?.250mapEwoiomozcanUwo=oUE3E5Z.m.D2:cowaouwonuoowmoohwtakoomtsmw33:5E896%Eowmo<_m>mZ.m.D053co:o_mm_EEoomiengown..m<H-m?.~>> canmm:EBo>ESEE3out?owwaai?muso mEhow:5oo:oE_UE?mnu%>nZ.m.DBEEEco:9.noaomou:w:<we~30of£15mcioctwmm_AM<nC:ou:_o>om =mo_._oE<05momuo?msmmbomoowEsouaz.nE._oE?omom0:332mohoiwsoHa?z53.05.m<Hmn:m>w NWMb?wk?wb K:=e.a.~=m.aum-E ?za...§2.m33.9 3.3::.§SB.8mw Agenda Item #2.B.27 Apr 2020Page 51 of 132 Page 52 of 132 City of Atlantic Beach Annual Report March 12, 2020 Dear Shane Corbin, Mayor Glasser, and the City Commission, The Langton Consulting team is honored to continue our tenure with the City of Atlantic Beach staff and elected officials. Over the past six years we’ve helped secure funding for some very important projects for the City. We’ve worked with many departments including, but not limited to: Public Works, Utilities, Parks & Recreation, Planning & Community Development, and Public Safety. Since our last report of August 7, 2019, Langton Consulting has submitted funding requests totaling $2,826,903 on behalf of the City of Atlantic Beach. Many of the grants applied for are congruent with the Strategic Planning priorities set by the Commission. Grants Submitted from August 2019 - March 2020 Project Grant Program Submission Date Amount Status Atlantic Beach Gateway Mural Our Town, NEA 8/20/19 $50,000 Pending Mayport Road Food Desert Local Foods, Local Places 9/30/19 Technical Assistance Not awarded Dune Walkover Coastal Partnerships Initiative (CPI) 10/1/19 $50,000 Pending- Announcements anticipated March ‘20 Adaptation Planning Florida Resilient Coastlines Program (FRCP) 10/7/19 $40,000 Pending- Announcements anticipated March ‘20 Dutton Island Preserve Improvements Florida Recreation Development Assistance Program (FRDAP) 10/15/20 $50,000 Not awarded Cutlass Drive Box Culvert Replacement Hazard Mitigation Grant Program (HMGP) – Michael Cycle, Tier 3 3/6/20 $297,770 Pending Mary Street Stormwater Improvements Hazard Mitigation Grant Program (HMGP) – Michael Cycle, Tier 3 3/6/20 $261,424 Pending Sewer Pipe Upgrade – Phase I (Forrestal) Hazard Mitigation Grant Program (HMGP) – Michael Cycle, Tier 3 3/6/20 $153,602 Pending Sherman Creek Lagoon Flood Mitigation Hazard Mitigation Grant Program (HMGP) – Michael Cycle, Tier 3 3/6/20 $1,473,563 Pending Agenda Item #2.C. 27 Apr 2020 Page 53 of 132 Grant contracts totaling $646,984 have been received since the August 7, 2019 report for applications previously submitted. Grants Awarded from August 2019 – March 2020 In addition to the grant writing services provided, our team has also assisted staff with technical assistance related to grant administration and research to identify funding opportunities for needs within the City. The Langton Consulting team looks forward to the continued efforts to obtain strategic funding for the City of Atlantic Beach to enhance its abilities to actualize overall community vitality and impact. We appreciate your consideration and continued support for these endeavors. Sincerely, Michael Langton, GPC President, Langton Consulting Stanley Road Flood Mitigation Hazard Mitigation Grant Program (HMGP) – Michael Cycle, Tier 3 3/6/20 $450,544 Pending Project Grant Program Amount Requested Amount Funded Aquatic Gardens Flood Mitigation Hazard Mitigation Grant Program (HMGP) – Irma Cycle $1,484,619 $236,100 for Phase 1 – Engineering & Design (awaiting contract); Phase 2 Construction pending Phase 1 completion Camelia Street Lift Station Generator Hazard Mitigation Grant Program (HMGP) – Irma Cycle $43,897 $43,897 Critical Facilities Generators (City Hall/Public Works) Hazard Mitigation Grant Program (HMGP) – Irma Cycle $157,312 $157,312 West Plaza at Gladiola Flood-Drainage Hazard Mitigation Grant Program (HMGP) – Irma Cycle $50,310 $9,675 for Phase 1 – Engineering & Design (awaiting contract); Phase 2 Construction pending Phase 1 completion Donner Road Improvements Community Development Block Grant (CDBG) $200,000 $200,000 (included approved transfer of unused 2017-18 and 2018-19 awarded funds originally for Septic Sewer/Jordan and Donner Park Improvements, redirected for Donner Road improvements Johnson Island Acquisition FIND - Waterways Assistance Program $350,000 $375,000 funded in joint application with COJ 4830 Atlantic Blvd., Jacksonville, FL 32207 904,598.1368 www.langtonconsulting.com Michael Langton, GPC, President mailto:mlangton@langtonconsulting.com Agenda Item #2.C. 27 Apr 2020 Page 54 of 132 4830 Atlantic Boulevard, Jacksonville, Florida 32207 | Phone: (904) 598-1368 | www.langtonconsulting.com City of Atlantic Beach Grant Writing Report Month: April 2020 Grant Opportunity Research CDBG- CV 19: for Support Coronavirus and Other Infectious Disease Response. Allocation in coordination with COJ CDBG-MIT: $633 million in first-of-its-kind funding would be available to the state of Florida for disaster mitigation projects in areas impacted by presidentially declared disasters in 2016 and 2017. Technical Assistance Followed up with State Coordinators regarding RGP and CPI grant applications. Waiting on state budget to be signed to release funding list. Communication with Staff Overview of new CDBG opportunities and review of potential projects Communication with City Engineer to develop NFWF application Grants in Progress CDBG-MIT: potential TBD CDBG- CV 19: ~ $50,000 TBD Grants Submitted NFWF- Coastal Resilience Fund for Marsh Monitoring Program Grants Awarded N/A Agenda Item #2.C. 27 Apr 2020 Page 55 of 132 Page 56 of 132 NOTICE OF REGULAR CITY COMMISSION MEETING BEING HELD VIA VIDEOCONFERENCE Notice is hereby given that the Atlantic Beach City Commission will hold its regular meeting at 6:30 p.m. on Monday, April 27, 2020. 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 telephonic and vide o 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 REGULAR COMMISSION MEETING The April 27, 2020 regular City Commission meeting 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 Courtesy of the Floor, City Commission Meeting, 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 57 of 132 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. 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 58 of 132 O54on>.HH.>2.:OEgon CHENno_<=<:mm5zEHHEQ maid-H—uO-H >nm2u>HHHZW8-09%O?osmma3.:5gmwoamamOoBBwmmmo: mdwv?aamcW5<<o:boOm_<oH_ovwmxoos:<o>mmwm.BE890Q?gmbwmoam\ UPHH">3:3“B8 _w>OWQ-OdZUuHra85%8525Wm523%o:Eammasmmmow$5ccéomoommonmsm Baomsm3.?m?oniiam:5Somme?manman25:5oaso»8<Eoo.a6omvoow:Boomsmmmam SoznmroumK.EaOondimmwobmomwam. :5355m8-.§o?abmma55cm83%mmoa300259?:W2:9?WSW.man:5Ooanmmmwob 85SE3EoraaEowe:mmosmm3.835838. mmaaaExam”.>OoBBmmmmo=€253.Wm§&a&wonacanon225%.>3:NoA<w.Em_K0253mag$9m?oa...womor>ooommHBw~o<oBm§m..>OcBHEmmwo:Qoawmrouam%8a&moawasE5ongobmmun>333A<5dw_Z0938. mag.”was9%.ooaéaaammo.§a2855.amaamaawowmac3:OD325$.23%Cm<5:m_gaamsmv. msg6809%dvam? wdd?m?uZosa -_wOOZ:SH2U>.EO2">Eu3<a$5oo-Um%cage:moa>3:Eaocmrago88. >.H.H>Omw?=m2.H"SgmwoamumOoBBmmmmob8-92na§.§A>P.=a?osmr.350N88 OE.<g>2>DHFK.(Q?Agenda Item #3.B.27 Apr 2020Page 59 of 132 MAYOR AND COMNIISSION 20 Commission Workshop 6 pm Subj:18”‘St Beach Access Improvements (Virtual Mtg)Canceled 27 Commission 29 Workshop 5:30 pm Board Member Sub}!Sign Code Review Committee Due Date for 5/11 C0m111Mtg 6130Pm 6:30 pm Agenda Items (Invoc-Waters)(Virtual Mtg) (Virtual Mtg)Agenda Item #3.B.27 Apr 2020Page 60 of 132 MAYOR AND COMMISSION Newsletter Due (Kelly) ‘ 11 Joint Workshop 13 Ease Meeting 14 TN;(333116UPMG Pension Boards i ‘P”:3CommMtg6:30 pm Due Date for 5/25 6 0 pm (Invoc-Kelly) (Tentative) M 18 Commission 19 Community i Workshop Development 6 pm (Tentative) %25 26 i City Offices CommissionMtg Closed 5330Pm (Invoc-Andetson)Agenda Item #3.B.27 Apr 2020Page 61 of 132 MAYOR AND COMMISSION Commission Community Workshop Development 6 pm (Tentative)Agenda Item #3.B.27 Apr 2020Page 62 of 132 O_._.<O.">._._.>Z._._Owm>n: _u_Z>Zn_>_uzm_uoz._. >mon225...2.38 G3.on<m>wm_.>_.mm3 <-._.-_U._.onm_n_n<<<Emwcmmmn wzmmmn<mu-.-no-UwnmR wm<m::mmm$.~o~_8om~o.§_.§S.§ mxumsmmncwmm9.3.m8._8e_~.§m.~8SS. wm<m::mm:»<m:9.3m=Nmn_._::6zmxn303:0..mo<<mm:o:EMS...“ummim23;arm Em.3393:53o::5..m<m:cmm95nono<_U-$ mxvmsencwmm_.m3m.:3maxumnucmmhug»._u1o_mnB:»<mEmacams:man. <<Z_o_u..o_mnG:~<m32%m:n:3_um..mn_.3m33%_§<m:on$2.mvmzn. >_...:.__.m302:?xmvown<<=_o:n__:m<m1o:m:io_.mwmm:mx_um:n=nE.mmmam_uomm__u_m mannao:3<m:cmmmannono<_o._o.mmin:amuni?es»...::n=:m_uomm__u__Emm. _..~mmo:..nm>__cnumo: wanna<mm:.-no._uu.nmX _um_.mo::m_mm..<_nmm_~._ 58¢m.$~.So.m.§ Ovm..mn_:mmxvmzmmm:....m....mEw__$_mS~w._.x. n%_s_0:23m_oi.2w$940»ix cg:mm..<~nmN. _ 3.3_.u~+-uaux ._.3:mmm..m.r.§.m2.M. _mama...m.§ wmmocwnmmmxmsmmm .:.m:&m3_ I!.!l{l.I:II! 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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 Agenda Item #9.A. 27 Apr 2020 Page 69 of 132 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; Agenda Item #9.A. 27 Apr 2020 Page 70 of 132 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; Agenda Item #9.A. 27 Apr 2020 Page 71 of 132 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; Agenda Item #9.A. 27 Apr 2020 Page 72 of 132 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 Agenda Item #9.A. 27 Apr 2020 Page 73 of 132 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 Agenda Item #9.A. 27 Apr 2020 Page 74 of 132 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 Agenda Item #9.A. 27 Apr 2020 Page 75 of 132 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 #9.A. 27 Apr 2020 Page 76 of 132 01278903-2 9 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; Agenda Item #9.A. 27 Apr 2020 Page 77 of 132 01278903-2 10 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 Agenda Item #9.A. 27 Apr 2020 Page 78 of 132 01278903-2 11 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; Agenda Item #9.A. 27 Apr 2020 Page 79 of 132 01278903-2 12 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 #9.A. 27 Apr 2020 Page 80 of 132 01278903-2 13 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 #9.A. 27 Apr 2020 Page 81 of 132 01278903-2 14 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; Agenda Item #9.A. 27 Apr 2020 Page 82 of 132 01278903-2 15 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: Agenda Item #9.A. 27 Apr 2020 Page 83 of 132 01278903-2 16 (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. Agenda Item #9.A. 27 Apr 2020 Page 84 of 132 01278903-2 17 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 Agenda Item #9.A. 27 Apr 2020 Page 85 of 132 01278903-2 18 EXHIBIT A TO ORDINANCE NO. 60-20-21 Agenda Item #9.A. 27 Apr 2020 Page 86 of 132 01278903-2 19 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; Agenda Item #9.A. 27 Apr 2020 Page 87 of 132 01278903-2 20 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. Agenda Item #9.A. 27 Apr 2020 Page 88 of 132 01278903-2 21 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. Agenda Item #9.A. 27 Apr 2020 Page 89 of 132 01278903-2 22 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. Agenda Item #9.A. 27 Apr 2020 Page 90 of 132 01278903-2 23 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 Agenda Item #9.A. 27 Apr 2020 Page 91 of 132 01278903-2 24 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. Agenda Item #9.A. 27 Apr 2020 Page 92 of 132 01278903-2 25 (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. Agenda Item #9.A. 27 Apr 2020 Page 93 of 132 01278903-2 26 (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. Agenda Item #9.A. 27 Apr 2020 Page 94 of 132 01278903-2 27 (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. Agenda Item #9.A. 27 Apr 2020 Page 95 of 132 01278903-2 28 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 Agenda Item #9.A. 27 Apr 2020 Page 96 of 132 01278903-2 29 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. Agenda Item #9.A. 27 Apr 2020 Page 97 of 132 01278903-2 30 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. Agenda Item #9.A. 27 Apr 2020 Page 98 of 132 01278903-2 31 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. Agenda Item #9.A. 27 Apr 2020 Page 99 of 132 01278903-2 32 (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. Agenda Item #9.A. 27 Apr 2020 Page 100 of 132 01278903-2 33 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: Agenda Item #9.A. 27 Apr 2020 Page 101 of 132 01278903-2 34 (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 Agenda Item #9.A. 27 Apr 2020 Page 102 of 132 01278903-2 35 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. Agenda Item #9.A. 27 Apr 2020 Page 103 of 132 01278903-2 36 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) Agenda Item #9.A. 27 Apr 2020 Page 104 of 132 01278903-2 37 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. Agenda Item #9.A. 27 Apr 2020 Page 105 of 132 01278903-2 38 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. Agenda Item #9.A. 27 Apr 2020 Page 106 of 132 01278903-2 39 (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. Agenda Item #9.A. 27 Apr 2020 Page 107 of 132 01278903-2 40 (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 Agenda Item #9.A. 27 Apr 2020 Page 108 of 132 01278903-2 41 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 #9.A. 27 Apr 2020 Page 109 of 132 Page 110 of 132 Sign Code UpdateApril 2020Status Recap:•01/21/20 Community Development Board (CDB) hearing – deferred•02/18/20 CDB recommended approved to City Commission•02/24/20 Commission workshop meetingAgenda Item #9.A.27 Apr 2020 Page 111 of 132 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 rulingBackground Why we need to change the code……Agenda Item #9.A.27 Apr 2020 Page 112 of 132 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 signageAgenda Item #9.A.27 Apr 2020 Page 113 of 132 Agenda Item #9.A.27 Apr 2020 Page 114 of 132 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‐premisesCannot regulate political signs differently than real estate or personal expression signs, etc.Agenda Item #9.A.27 Apr 2020 Page 115 of 132 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 #9.A.27 Apr 2020 Page 116 of 132 Proposed Changes:ARTICLE IISection 17‐26. Exempt Signs•Removeall 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•Addtemporary signs under 1 square foot w/ a 15’ front setbackAgenda Item #9.A.27 Apr 2020 Page 117 of 132 Proposed Changes:Section 17‐27. General Provisions•Removecontent 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•Removecontent 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 #9.A.27 Apr 2020 Page 118 of 132 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 ftin 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 #9.A.27 Apr 2020 Page 119 of 132 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 windowAgenda Item #9.A.27 Apr 2020 Page 120 of 132 Proposed Changes:Section 17‐33. •Removeall language under “Banner Signs” and replace with a “Temporary Signs” section.•Banner sign regulations were included with the temporary signs Agenda Item #9.A.27 Apr 2020 Page 121 of 132 Proposed changes:Section 17‐33. Temporary SignsTemporary 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 commercialAgenda Item #9.A.27 Apr 2020 Page 122 of 132 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 5signs plus unlimited political signsAgenda Item #9.A.27 Apr 2020 Page 123 of 132 Comparisons to Nearby CommunitiesTemporary signs:‐ Residential vs Commercial‐ Number, Size, & Duration?Temporary Sign Regulations (codes updated after 2015)ResidentialCommercialNumber Size Height Duration Number SizeHeightDurationJax Beach8 4 sq ft 6 ft 7 days after event 4 16 sq ft6 ft7 days after eventSt. Augustine Beach8 4 sq ft 6 ft 7 days after event 4 16 sq ft 6 ft 7 days after eventSt. Johns County2 6 sq ft 6 ft 7 days after event 4 32 sq ft 6 ft 7 days after eventFernandina Beach8 6 sq ft 15 ft30 days or 3 days after event4 32 sq ft 15 ft30 days or 3 days after eventFlagler Beach1 16 sq ft 6 ft 90 calendar days 1 32 sq ft6 ft90 calendar daysAtlantic Beach Proposed8 4 sq ft 4 ft60 days or 7 days after event, except one year around2 16 sq ft 6 ft60 days or 7 days after event, except one year aroundAgenda Item #9.A.27 Apr 2020 Page 124 of 132 Visual Preference SurveyAgenda Item #9.A.27 Apr 2020 Page 125 of 132 Agenda Item #9.A.27 Apr 2020 Page 126 of 132 Proposed changes:Section 17‐34. FlagsCurrent 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 feetAgenda Item #9.A.27 Apr 2020 Page 127 of 132 Proposed Changes:Section 17–42. Prohibited Signs•Added off‐site signs and discontinued signs•These are already prohibited, they are being added for clarificationSection 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 #9.A.27 Apr 2020 Page 128 of 132 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 #9.A.27 Apr 2020 Page 129 of 132 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 #9.A.27 Apr 2020 Page 130 of 132 Proposed Changes:Section 17–64. Fees•Simplify fees with a flat rate of $30 for fascia signs and $50 for freestanding signsCurrent 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 corridordevelopment standards: Freestandingsigns constructed of a solid material such as wood, masonry or high-density urethane, and externally-illuminated in a manner that washes thesign in indirect light from a fluorescentground source shall be entitled to a fifty (50) percent reduction in sign permit fees. Agenda Item #9.A.27 Apr 2020 Page 131 of 132 Questions?Agenda Item #9.A.27 Apr 2020 Page 132 of 132