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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)