Item 8A
*^ CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #SA
APRIL 26, 2004
AGENDA ITEM: Discussion and possible action regarding off-site open house signs
SUBMITTED BY: Maureen King, City Clerk
DATE: April 19, 2004
BACKGROUND:. The following information regarding open house signs is being provided at
the request of the Mayor:
- In 1988 language was added to Section 17-1 of the sign ordinance
to provide that four signs could be posted off-site for four hours to
advertise an official open house. The ordinance was amended in
1994, and the time was increased to allow open house signs to be
posted for a period of eight hours. The ordinance was further
amended in 1997 to provide that signs "shall not be placed on
public property."
- The current sign ordinance was approved in September 2002, and
limited open house signs to two per site and provided that signs
could be posted only at the location of the open house.
The Mayor has requested that this item be included on this agenda for
discussion and possible action.
BUDGET: N/A
RECOMMENDATION: None
ATTACHMENTS: Ordinance No. 60-88-5
Ordinance No. 60-94-8
Excerpt from Ordinance No. 60-97-10, and
Excerpt from Ordinance No. 60-02-12
REVIEWED BY CITY MANAGER:
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AGENDA ITEM #8A
APRIL 26, 2004
ORDINANCE N0. 60-88-5
~ AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA: AMENDING CHAPTER 17,
..%'-" ARTICLE I, SECTION 17-1, SUBPARAGRAPH (6) TO PROVIDE
FOR OFF PREMISE REAL ESTATE SIGNS DURING AN OPEN HOUSE;
~• AMENDING SUBPARAGRAPH 11 TO MORE PRECISELY DEFINE THE
TYPES OF DIRECTIONAL SIGNS E%EMPTED FROM OPERATION OF
THE CHAPTER; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE GITY COMMISSION OF T1IE CITY OF ATLANTIC BEACH,
FLORIDA:
Section 1, Chapter 17, Article I, Section 17-1, Subparagraph 6, Open
House Signs, Subparagraph II, Directional Signs is hereby amended to read
as follows:
CIiAPTER 17
SIGNS AND ADVERTISING STRUCTURES
ARTICLE Z IN GENERAL
Section 17-1. Certain signs exempted from operation of chapter.
The following signs are expressly excluded from the operation of
,,.•,, this chapter:
(6) Not more than one (1) real estate sign advertising the sale,
rental or lease of only the premises on which it is maintained. Such
sign shall not be more than four (4) square feet in area and shall
_ ? conform to required setback lines. .Also, not more than four (4) off
,~,.~ premise real estate signs advertising an official open house which said
open house shall be of a duration of no more than four (4) continuous
hours and said signs may not be erected more than 1/2 hour before the
open. house and must be removed within I/2 hour after the end of the oven
_ (I1) Directional signs, located off premise, of any religious,
charitable, fraternal or civic organization ar-6r~aeas-e9~eb~€shme~e
operated within the city, having a meeting place, clubhouse or other site
within the city for the purpose of indicating the place where such club-
house, meeting place or site is located in the city. Such directional
signs shall not exceed ~~S~ee-{3~-€eee-by-€en~-{~,}--€ee~ twelve (12) inches
by eighteen (18} inches and be sot more than ten (10) feet in overall
height above ground level. These directional signs shall not exceed four
(4) in number for each bw9#~ese-ems organization, as listed herein, and
shall be no less than one thousand (1,000) feet from another directional
sign of the. same bt:s~aees~-ems organization. Any directional sign existing
on He}~-}3;-968; December 1, 1988, shall be allowed to remain until such
time as the condition of the sign becomes unsafe, unsightly or in need of
mayor repairs, at which time it shall be removed. Structural, repairs to
'~ existin si ns shall not be made without a
g g permit. Before any
directional signs can be installed after Hey-X33-3687 December 1, 1988,
a permit shall be obtained from the city specifying design, ~#g~~ag
duration, ~€-esg and location.
e.
1988 Ordinance
AGENDA ITEM #8A
APRIL 26, 2004
Passed by the City Commnission of First Reading December 12, 1988
r^'^-
Passed by the City Commission on Second Reading January 11, 2989
Approved as to Form and Cox
Claude L. Mullis, City Attorney
~ (SEAL)
~, - . -
,~.
Mauree Ring, City Cler
AGENDA ITEM #8A
APRIL 26, 2004
ORDINANCE NO. 60-94-8
,~
' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CEAPTER 17 OF T8E CODE OF ORDINANCES, SI6I~I8 AND
~ ADVERTISING BTRIICTUREB, CLARIFYING AND MODIFYING REQUIRE-
. MENTS REGARDING REAL ESTATE, DIRECTIONAL AND POLITICAL
SIGNS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida:
SECT ON 1. Article I of Chapter 17 of the Code of Ordinances
of the City of Atlantic Beach, Florida, is hereby amended by adding
a new Sec. 17-1, by renumbering old Sec. 17-1 as sec. 17-1(a), and
*~ by amending paragraphs (6), (11) and (13} thereof, which sections
shall read as follows:
"Sea. 17-1. .The commission recognizes that there
"~' are various persons and entities who have an interest in
communicating with the public-at-large through the use of
signs and advertising structures. The commission is also
~„ responsible for furthering the city's obligation to its
residents and visitors to maintain safe and aesthetic
surroundings. It is the intend of the commission that
this ordinance shall place the fewest possible restric-
~" tions on personal liberties, property rights and the free
;,+-~.
exercise of constitutional rights while achieving the
city's goal of creating a safe, healthy and aesthetic
environment.
Sec. 17-1(a) . Certain signs exempted from Article II
of this chapter.
The following signs are expressly excluded from the
operation of Article II of this chapter:
(6) Not more than one (1) real estate sign adver-
tising the sale, rental or lease of only the premises on
which it is maintained. Also, not more than four (4) off-
. premise real estate signs advertising an official open
house which said open house shall be of a duration of no
more than eight (8) continuous hours and said signs may
,, i not be erected more than one (1) hour before the open
house and must be removed one (1) hour after the end of
the open house. 11 sins allowed by this section shall
not be more than four (4) square feet in area and shall
conform to recLuired setback lines.
(11) Directional signs, located off premises, of any
religious, charitable, fraternal or civic organization
~,,,~ operated within the city, having a meeting place, club-
~"'~. house or other site within the city for the purpose of
indicating the place where such meeting place, clubhouse
1994 Ordinance
~' 1
!M1
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or site is located in the city.
AGENDA ITEM #8A
APRIL 26, 2004
outside of the city. Such directional signs shall not
exceed twelve (12) inches by eighteen(18} inches and be
not more than ten (lo} feet in overall height above
ground level. These directional signs shall not exceed
four (4) in number for each organization, as listed
herein, and shall be no less than one thousand (1,000)
feet from another directional sign of the same organiza-
tion. Any directional sign existing on December 1, 1988,
shall be allowed to remain until such time as the condi-
tion of the sign becomes unsafe, unsightly or in need of
major repairs, at which time it shall be removed. Struc-
tural repairs to existing signs shall not be made without
a permit. Before any directional signs can be installed
after December 1, 1988, a permit shall be obtained from
the city specifying design, duration and location.
(13) Signs announcing the candidacy of a candidate
far public office not exceeding four (4) square feet in
area. The placing of such signs on public property is
expressly prohibited. Such signs may, however, be placed
wholly within the boundaries of private residential or
commercial property, at the discretion of the legal owner
and/or occupant of the property, provided such signs
,,,.,, conform with all traffic, electrical, maintenance, fire
and safety xegulations of the city. Signs may not be
placed on private property prior to qualification of the
candidate to run for office or mare than twenty (20) days
'~' before the first election, whichever is less, and all
such signs shall be removed within twenty-four {24) hours
after the last election, including run-off elections."
Section 2.' This ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading this 27th
day of June , 1994.
pABS~n by the Citv Commission on second and final reading this
w.
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AGENDA ITEM #8A
APRIL 26, 2004
~.
~-,
ORDINANCE NO. 60-97-10
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 17 SIGNS AND ADVERTISING
""" STRUCTURES; PROVIDING FOR AMORTIZATION OF
NONCONFORMING SIGNS; AND PROVIDING FOR AN
EFFECTIVE DATE.
SECTION 1. Chapter 17 of the Code of Ordinances of the City of Atlantic Beach are
hereby amended as follows:
ARTICLE I. IN GENERAL
Sec. 17-1. lnient.
The commission recognizes that there are various persons and errtities who have an
~* interest in communicating with the public-at-large through the use of signs and
advertising structures. The commission is also responsible for furthering the city's
obligation to its residents and visitors to maintain safe and aesthetic surroundings. it is
• the intent of the commission that this chapter shall place the fewest possible
restrictions on personal liberties, property rights, and the free exercise of constitutional
rights while achieving the city's goal of creating a safe, healthy, and aesthetic
environment.
Sec. 17-1.1. Certain signs exempted from certain provisions of this chapter.
The following signs are expressly excluded from the permitting, size and setback
regulations of this chapter: .
(1 j Decals affrxed to or signs painted on store windows, store equipment, fuel pumps or
,~„ other types of vending equipment used for dispensing retail products, where such signs
are for directional purposes only.
~, (2) Signs wholly within a building and not readable from the exterior of the building.
(3) Memorial signs, tablets or plaques, containing the dedication of, 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 incombustible material.
~ (4) Small professional nameplates for physicians, surgeons, dentists, musicians,
lawyers, architects, teachers and other like professional persons placed on the
premises occupied by the persons, and not exceeding more than one (1) square foot in
area.
1997 Ordinance
m.
AGENDA ITEM #8A
APRIL 26, 2004
~!•
--, (5) 4ccupa#ional signs denoting only the name and profession of an occupant in a
commercial building or public institutional building, placed flat against tfie exterior
surface of the building and not exceeding three (3) square feet in area.
(6} Not more than one (1) real estate sign advertising the sale, rental or tease of only
the premises on which it is maintained. Also, not more than four (4) ofF-premise real
estate signs advertising an ofFidal open house, such open house shell be of a duration
•.•.~-- of no more than eight (8) continuous hours and such signs may not be erected more
than one (1 }hour before the open house and must be removed one (1) hour after the
~, end of the open house. All signs allowed by this section shall not be more than four (4)
square feet in area and shall not be placed upon public property.
~„ {~ Signs noting the architect, engineer o< for when placed upon work under
construction; provided, the sign shall be removed wi#hin fifteen (15} days of completion
of oonstruciion. The signs shall not be larger than necessary to display the names of
~ persons or iirms performing labor or supplying materials th the premises and shall in no
case exceed four (4) square feet.
(8) Traffic signs, legal notices, danger signs and temporary emergency or
nonadvertising signs, erected by the city, county, state or federal authorities.
(9) "No trespassing" and "private property" signs not exceeding four (4) square feet in
'~' r^ area and not placed on or affixed to any tree or utility pole.
(10) Directional signs, looted off premises, at any religious, die, fraternal or
~" civic organization operated within the dty, having a meeting place, clubhouse or other
site within the city for the purpose of indicating the place where such meeting place,
clubhouse or site is looted in the city. Such signs are not exempt from the provisions
~ of article ll of this chapter if they pertain to a meeting place, clubhouse or site outside
of the dty. Such directional signs shall not exceed twel+re (12) inches by eighteen (18)
inches and be not more than ten (10) feet in overall height above ground level. These
~.. directional signs shall not ~eoWSed fpur (4) in number for each organization, as listed
herein, and shall be no less than one thousand (1,000) feet from another directional
sign of the same organization. Arty directional sign exisfing on December 1, 1988, shat!
~~, be allowed to remain unfit such time as the condition of the sign becomes unsafe,
unsightly or in need of major repairs, at which time it shall be removed. Stnrctural
repairs to existing signs shelf not be made without a permit, Befiore any directional
~„ signs can be installed after December 1, 1988, a permit shall be obtained frorr- the city
specifying design, duration, and location.
(11) Bulletin boards not over fifteen {15) square feet in area #or public, charitable ar
religious insti#utions, when the same are located on the premises of the institutions.
~. {12) Signs announcing the candidacy of a candidate for public office not exceeding four
(4) square feet in area. The placing of such signs on public property is expressly
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AGENDA ITEM #8A
APRIL 26, 2004
'"~ (7) Temporary Political Campaign Signs announcing the candidacy of a qualified 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 right-of-ways 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 vehicles shall be parked on City property,
other public property or on public right-of--ways 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 planed. 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 Chapter.162, F.S., Code
Enforcement.
:~ (8) Personal Expression Signs limited to .one per Lot or parcel, or in the case of multi-~
family uses, one 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.
(10) Garage Sale Signs or Open House Signs within residential. Zoning Districts, not
n exceeding four (4) squaze 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 Salc
,,, ~ or Open House and shall be removed. immediately after conclusion of the event. No
Garage Sale Sign or Open House Sign maybe erected upon any public right-of--way.
(11) Signs placed within interior courtyards, the inside fence line ofrecreational fields and on
~. ~ golf courses, provided such Signs aze 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:
(I3) Holiday and seasonal decorations shall not be construed as Signs, providing that-these
~ contain no commercial Advertising Message.
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Excerpt from Current Ordinance