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Item 8B AGENDA ITEM # 8B AUGUST 23, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Discussion of sign regulations related to banners, flags, and other wind signs. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: August 10, 2010 BACKGROUND: The information in this report is provided to address questions related to the City's restriction against the use of banner and flag signs and the ability to issue "instant" citations for sign violations. Following is a summary of a number of jurisdiction's regulations related to the use of banners, and various "wind signs" describing any device, including but not limited to, one (1) or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind. These run the gamut from outright prohibition to time and size limits, but almost all places restrict such signs in some manner. I found nowhere that allowed these as permanent signage. The regulatory trend seems to be moving away from allowing such signage except for the purpose of promoting temporary civic and non - profit sponsored events. The more restrictive regulations tend to be found in those communities with a perceived higher aesthetic character and a high quality retail environment. These are also more common on high traffic volume arterials where excessive visual obstruction and clutter already exists. (Think Arlington Expressway and Blanding Boulevard.) • City of Jacksonville Sign ordinance allows one flag only containing a business logo or other advertising in lieu of the street frontage sign. Maximum permitted size is 100 square feet, or 35 percent of the allowable size of the street frontage sign, whichever is smaller. • City of Neptune Beach The CONB sign regulations parallel ours in most respects, and all types flag/banner /wind signs are prohibited. Neptune Beach does allow for grand opening signs for a period not exceeding 14 days within the first 3 months that the business is open. • City of Jacksonville Beach Jacksonville Beach also prohibits flags, banners, and pennants; including inflatable representations of products, figures, or symbols, except for activities of a: civic, philanthropic, educational, or religious organization for noncommercial purposes limited to no longer than 21 days before the event. For commercial activities, displays of "signs, flags, banners, and pennants, including inflatable types" are allowed only for new business grand openings one time for a period not more than 14 consecutive days, and one additional time per year for sales or other special events not more than 7 consecutive days. A refundable $250.00 fee is required, and refund of this fee is forfeited by the applicant if the sign, banner... is not removed after the prescribed period. However, Jax Beach Code Enforcement staff has stated that this has been very problematic to enforce and monitor, and that this diverts considerable time from higher priority code enforcement activities. • St. Johns County SJC has a number of Special Districts that overlay the entire coastal area from Ponte Vedra to Crescent Beach. The use of flags, banners, pennants, and inflatables used for advertising purposes is prohibited. August 23, 2010 regular meeting AGENDA ITEM # 8B AUGUST 23, 2010 • Green Cove Springs Temporary banners are permitted only county -based 501(cX3) nonprofit organizations, churches and government entities for a period of not more than 14 days. A fee and City Manager approval are required. • Flagler County Temporary banner signs cannot exceed 30 square feet and can be displayed no more than three months during any calendar year. • City of St. Augustine Commercial banners, streamers and pennants must be approved in writing by the planning and building department and may be authorized for up to one hundred (100) days in a calendar year. These are not allowed within the historic district. • Dania Beach Unless approved as an architectural feature Wind Signs as defined below are prohibited. Wind sign. A sign consisting of one (1) or more pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind. In response to questions asking why we don't just issue citations to sign code violators, Mike Griffin's below comments probably address this better than I did at the meeting. This is an issue we thoroughly investigated a number of months ago. The citation (ticket) process was discontinued in many jurisdictions due to the court system extracting a large portion of the fine for court costs. To create a ticket process for Atlantic Beach would involve corroborating with the Duval County court system and getting into a process not so different from our current enforcement process. The ticket process, in structure, is similar to the code enforcement board procedure where the officer has to represent the case before a judge with an attorney. Our current code enforcement board process allows fines to be imposed not only on the violator but also the property owner, which applies to most sign code enforcement cases. I believe most sign violations along the Mayport Corridor have stopped and the only locations that have been a problem are the shopping center restaurants that have limited visibility along Mayport Road. We have successfully taken this shopping center to the code enforcement board. STAFF COMMENTS If any revisions to our sign regulations are to be considered, it is important to first review the intent statement of Chapter 17, and determine if the goal of the sign regulations has changed such that revision is needed. 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 possible 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 right -of -ways and adjacent properties; the surrounding natural coastal environment and residential neighborhoods. August 23, 2010 regular meeting 2 AGENDA ITEM # 8B AUGUST 23, 2010 Also, keep in mind that within the next two years, nonconforming signs must be brought into compliance. This might not be the most opportune time to consider revisions that would make the sign ordinance less restrictive in one respect while preparing to enforce compliance with the 10 -year sunset provision adopted in 2002. Atlantic Beach does have a somewhat restrictive ordinance with respect to the permitted height of signs, but with respect to size, location and types of signs permitted, our sign regulations are typical of those found in smaller cities across the state. Over the past ten years, other communities have incorporated similar provisions to those we included in our 2002 sign code re- write. I would submit that our sign regulations have enhanced the appearance of our commercial areas. Aside from the aesthetic and visual clutter issue, the more practical matter is one of Code Enforcement. Allowing signs for an intermittent or temporary time period requires a great deal of code enforcement time and an administrative system to review, permit and track and monitor compliance. We currently have extensive Code Enforcement resources fully deployed for Strategic Plan priorities. Any Code Enforcement officer will attest to the difficulty of dealing with snipe signs, temporary signs, damaged, dilapidated, abandoned and all sorts of illegal signs. Such signs on private property cannot simply be removed. I would anticipate a substantial increase in Code Enforcement Board cases if we permitted these. As an example, if our regulations permitted each business to have a single flutter, banner, flag sign or the like displayed for 14 days, and each business in a shopping center placed one in front of their location, how many of the businesses would voluntarily take these down at the end of their 14 days? I suspect some number would leave them up until told to take them down through the Code Enforcement process. Atlantic Beach is predominantly residential, and the scale of our commercial areas in general reflects the residential qualities of the community. We have been progressive with our sign regulations, our commercial corridor and residential development standards. It would seem that allowing any type of wind sign would be a move in the opposite direction. This has not been an issue of any significant number of complaints. All said however, this is a policy decision related to the aesthetic preferences of a community and the ability to commit code enforcement resources to monitor compliance if such signage is permitted. Following are a sampling of pictures I took from just west of COAB to the Regency Area and East Arlington. Is this what we want? And keep in mind, these types of signs become worn, faded and frayed very quickly, and are very inexpensive. The tall flutter flags can be bought online for about $40, and pennant flags can be as little as $5 for 50 flags. BUDGET: No budget issues. RECOMMENDATION: As previously stated, Staff does not believe that revisions to the sign ordinance are in the best interest of the City. ATTACHMENTS: Photos. REVIEWED BY CITY MANAGER: August 23, 2010 regular meeting 3 AGENDA ITEM # 8B AUGUST 23, 2010 ■ * 40 ; . I I A ` 444 s' t ., * ,..:r -rte 4 , 7j.' X,i Ili , t ! , Airii4;:.: 1., %� g i i k M ) rsTil ,.,_,,,,..__,_ ._:. ,_: -,,5,.',.. _ j ., —i...impo 4 • .id. , -. r ' , kip frifr August 23, 2010 regular meeting 4 AGENDA ITEM # 8B AUGUST 23, 2010 , ._. 1(d'Sc . FURNITURE • . j .1 _ .a u, Irk B UNK BEGS 4NS BEDS ---*— 141 , .. - inpettuflos" o ww., • ST , 1 sr - , t ;'4.- oi FUTON SALE -iW n``""u -___ l __. . - = r u ts,,,+ R - - 9043013569 ' G OOF sro,,....w. „ — � Aytfet MS % Just managing snipe , signs (aka street spam w.7ri[ r I I / , T . / r r , �" and litter -on -a- stick) /,,, is a never ending r Ell , ,iii if " - ' challenge for Code 1 Enforcement authorities. • � August 23, 2010 regular meeting 5