Agenda Item 8FAGENDA ITEM # 8F
MARCH 11, 2013
AGENDA ITEM NO.
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Review of Chapter 17 Signs regarding flags
SUBMITTED BY: Michael Griffin, CBO, CFM Building and Zoning Director
Erika Hall, Principal Planner
DATE: February 27, 2013
STRATEGIC PLAN LINK: None
BACKGROUND:
At the February 19, 2013 (minutes attached) the Community Development Board (CDB)
reviewed, as requested by the City Commission, Chapter 17 Signs and Advertising Structures to
make a recommendation as to the regulation of flags. The CDB has recommended that Chapter
17 Signs and Advertising Structures be amended to allow for one (1) flag, not to exceed twenty
four (24) square feet, as defined in Chapter 17. Below is the current definition of flag:
Flag: A piece of cloth or similar material having a distinctive size,
color, and design used as a symbol, standard, signal and other similar
items of recognition and may include insignias of government, religious,
charitable, fraternal, or other organizations. Any flag and pole or
attachment that frequently holds a flag shall be deemed a permanent flag.
This definition of flag shall not include the flag of the United States of
America.
Currently
Chapter 17 is written
to
include
any flag, other than an America flag, to be
regarded
as a "Pennant" which
is
defined
below:
BUDGET:
Pennant: A 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.
No impact
RECOMMENDATION: Authorize City Attorney to draft language to amend sign code to
allow one additional Flag not to exceed twenty -four (24) square
feet as recommended by the Community Development Board.
ATTACHMENTS: CDB February minutes, Sec. 17-2 Definitions, Sec. 17- 26 Exempt
Signs, Sec. 17 -42 Prohibited Signs
u_►-
AGENDA ITEM # 8F
MARCH 11, 2013
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
cha ter 6, building and building regulations, and chapter 24, zoning, subdivision and land
development regulations, shall also apply to this chapter.
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.
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.
Bannersign: A temporary sign made of lightweight fabric or similar material intended to
promote special seasonal, civic or community events.
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 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 are
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.
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.
AGENDA ITEM # 8F
MARCH 11, 2013
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 distinctive 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. This definition of flag shall not
include the flag of the United States of America.
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.
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 with the land use, setback, height, size, spacing, and lighting or other
provisions of these regulations 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.
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,
AGENDA ITEM # 8F
MARCH 11, 2013
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.
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 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, placard, designed to advertise,
identify, or convey information, with the exception of customary window displays, 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" shall also include all outdoor
advertising displays as described within Section 3108.1.1, Florida Building Code, and all signs shall
conform to the requirements of Section 3108 of the Florida Building Code.
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 sign, including all frame, trim and background, which contains
the sign display area, advertising message or informative contents.
Sign permit: A development permit authorizing erection, placement or installation of a sign as
permitted by this chapter in accordance with the requirements of Section 3108 of the Florida
Building Code and 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.
Vehicle sign: Any sign placed within, upon or affixed to a motorized vehicle, other than a
AGENDA ITEM # 8F
MARCH 11, 2013
registered logo, trademark or service 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.
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 outside 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)
AGENDA ITEM # 8F
MARCH 11, 2013
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 required by law, which are affixed to or painted upon store
windows, store equipment, fuel pumps or other types of vending equipment used for
dispensing retail products.
(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.
(3) 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.
(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 shall 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.
(4) 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)
AGENDA ITEM # 8F
MARCH 11, 2013
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 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
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.
(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.
(11) Signs placed within interior courtyards, the inside fence line of recreational fields and
on golf courses, provided such signs are 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.
(Ord. No. 60- 02 -12, § 2,9-9-02)
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
17-211G.. Signs shall be located only on property where the sign serves to provide an
AGENDA ITEM # 8F
MARCH 11, 2013
(7) Where the rear of any sign structure is visible from any street or frorn any adjoining
residential zoning district, all exposed structural and electrical components of any
such sign shall be concealed in a manner as approved by the city manager.
(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)
advertising message for that property.
(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)
Signs 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.
(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, or which makes use of any word or words commonly
used on traffic - control signs or signals.
(7) Where the rear of any sign structure is visible from any street or frorn any adjoining
residential zoning district, all exposed structural and electrical components of any
such sign shall be concealed in a manner as approved by the city manager.
(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)
AGENDA ITEM # 8F
MARCH 11, 2013
Sec. 17 -42. - Prohibited signs and devices.
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 shall
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.
(9) Portable and mobile signs.
(10) Temporary signs, except as otherwise authorized herein.
(11) 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.
(12) Vehicle 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.)
(13) Private signs on any public property, other than as specifically approved by the city
commission.
(14) All signs prohibited by Chapter 479.11, Florida Statutes.
(15) Signs not in compliance with all applicable provisions of this chapter and this Code.
(Ord. No. 60- 02 -12. § 2.9-9-02)