Item 8AAGENDA ITEM # 8A
JANUARY 14, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM:
SUBMITTED BY:
DATE:
Discussion regarding outside display of retail merchandise.
Sonya Doerr, AICP ~~
Planning Director
December 13, 2007
Alexander J. Sherrer Q~~
Code Enforcement Officer
BACKGROUND: At the March 12, 2007 Commission meeting, the owner of Gail's Boutique requested on
behalf of several shop owners that the Commission reconsider the provision of the zoning regulations that restricts
retail merchandise from being displayed outdoors.
PLANNING AND ZONING COMMENTS: Section 24-154 prohibits the sale or display of products outside of
a place of business except for automotive sales, landscape/garden supplies, nursery stock, patio furniture and
ornamental articles for lawn, garden or patio areas.
As part of the substantive re-write of Chapter 24 in 2001, this provision was discussed and very deliberately
drafted as it now exists out of concern over the beach and souvenir items that are commonly displayed in the
commercial areas of many beach communities. The clear consensus at that time was that such displays of
merchandise outside of a business were not appropriate in Town Center, along Atlantic Boulevard or Mayport
Road. While Staff recognizes that the shop owners who have most recently approached the Commission do not
maintain beach toys and the like as part of their inventory, any regulation that permitted outside display of
customary retail and gift items would require consistent implementation. It would be highly problematic to
expect Code Enforcement or Zoning staff to make judgments about what locations and items are appropriate to
display for sale outdoors. Additionally, I believe that the City Attorney would advise that treating one
commercial area of the City or a particular shop differently from another may present some legal issues. Most
beach communities contain similar restrictions within their zoning regulations, and the ones that do not are fairly
recognizable for the scattering of beach paraphernalia, inflatable beach toys, chairs, towels, t-shirts, gift and
souvenir items placed in the most visible locations.
CODE ENFORCEMENT COMMENTS: Ms. Lee's argument was that the shops, which are all located in
shopping plazas, want to display their products on private sidewalks and not on City right-of--ways. Furthermore,
she argued that if lawn/landscape items are exempt and restaurants can place tables and chairs on private
sidewalks, why couldn't they display their products? The minutes of the March 12, 2007 meeting, show no action
taken and no direction given to staff. However, Ms. Lee and another shop owner, Ms. Lori Armstrong claim two
Commissioners from the previous Commission said they would research their complaint. To staff's knowledge,
neither shop owner received any feedback.
Historically, Chapter 24, Sec 24-154 has been contentious to enforce, sometimes requiring businesses to be
reminded two and three times a year, this typically being the result of new management or holiday pushes by the
parent corporations. At no time have I found the sidewalks to be completely blocked, but have often observed
that the advertising associated with the displays to be unsightly and cluttered and visually "loud." It is the
recommendation of the City's Code Enforcement Officer that the shop owners be given due consideration
regarding their request, but that any relief that is granted does not take away from the aesthetic quality Section 24-
154 was intended to preserve.
BUDGET: No budget issues.
RECOMMENDATION: Direction to staff. If amendment to the Land Development Regulations is proposed,
the matter must be referred to the Community Development Board for a recommendation
ATTACHMENTS: Land Development Regulations Section 24-154.
REVIEWED BY CITY MANAGER:
January 14, 2008 regular meeting
AGENDA ITEM # 8A
JANUARY 14, 2008
Initial Effective Date: 01-01-02 as adopted by Ordinance 90-01-172
Last amended on 08-13-07 by Ordinance 90-07-201
Sec. 24-154. Display and Sale of Merchandise Outside of an enclosed Building.
(a) Outside display of products, or outside sale of furniture, clothing, dry goods, hardware or other
similar merchandise, equipment and materials, and also street vendors, shall be prohibited in all
Zoning Districts, except this shall not apply to locations for permanent automotive sales, or to
landscaping and garden supplies, nursery stock in containers, patio furniture and ornamental articles
for use in lawn, garden or patio areas, subject to provision of any required buffering and screening.
(b) Unless expressly permitted by this Chapter, all business related products and activities shall be
conducted within an enclosed Building, subject to compliance with applicable Florida Building Code
requirements.
(c) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles, boats and the
like shall be prohibited in all Zoning Districts.
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