Item 8E - Sign AmortizationAGENDA ITE M:
SUBMITT ED DY:
DATI.£:
CITY OF ATl1ANTIC BE AC JI
C I T Y COMMISSION MEE TING
STAifJl' REPORT
Sign /\morti za t io n
J eremy llubsc h OJ..-:J
Bu j lding and Zo ning Direc to. 7 'f'/'
Oc to ber 10 1 201 4
AGENDA ITEM fi8 E
O CTOBER 27,2014
BACKGROUND: The cit y's s ign code says that all non-co nforming s ig ns mu st come into co mpli a nce
by J anuaty 1st 20 15. Staff gave a report about s ign amor tiza tion to the Co mmi ss ion in J une 201 4 (See
Ex hibit 1 ). Staffs reco mm e nd ati on at t hat tim e was to sy nc a mo rti zati on up w ith Ne ptune B each o n
Atl nnti c Boulevard and with the City of Jackso nvill e o n May port Roa d. Neptune Beach 's amo rti za ti on
dat e is fall of201 4 , a nd J ackso nvill e's is 20 18 for Mayport Roa d . At th e June Co mmissio n meeting, it
was th ought that th e bes t wa y to proceed wou ld be t o wa it and see what Neptun e Beac h did with th eir
code in !he fall o f 2014 before makjn g a d ec is io11.
Neptun e Beach is s Lill in th e process of dete nnining w he th er or not to require no n conformin g s igns to
come int o compli a nce, o r to ex tend th e a morti za ti o n date furth er. With th e a morti zat ion dea d line of
Ja nua ry t •t approachin g, a d ec is io n nee ds to be made rega rd ing how to ha nd le n on-c on form ing s igns.
Sta ff would like to requ est a n extension of th e Janu a1·y 1 st dea dline. 'l'his will give sta f f and th e
co mmi ssion more tim e to reach out to bus in ess ow ners, and t he a bilit y to see how Nep tun e Beac h pl a ns to
handle th e issue.
BUD GET :
REC OMMENDATION:
1 ~1 201 6.
ATTACHM ENTS :
Non e.
A 1 ye ar ex te ns ion of th e J anumy I s t 201 5 a morti za ti on date to Ja nu ar y
Sta ff report from Jun e 201 4
REVIEWED BY CITY MANAG ER: _:?z__:_..L..:._' -~-~=~;;1:::._::::¥-1../=-..!::f:..__ ________ _
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Sign Amortization
Jeremy Hubsch
Redevelopment and Zoning Coordinator
May 15,2014
AGENDA ITEM # SE
OCTOBER 27,2014
BACKGROUND: In 2002, the City of Atlantic Beach re-wrote its sign code, which reduced the
maximum height for fi·eestanding signs from 25 feet to 8 feet, increased the maximum sign width from 10
feet to 12 feet, and increased the maximum sign area from 80 square feet to 96 square feet. At the time
these changes were enacted in 2002, there were 79 freestanding signs that exceeded the eight-foot height
limit. These signs were then given ten years to come into compliance with the new code changes. In 2011
that ten year amortization period was extended to January 1st 2015 in order to be consistent with Neptune
Beach's amortization. One thing that was not contemplated at the time of that extension is the fact that the
date for Jacksonville's sign amortization for Mayport Road is 2018.
Sign amortization is sometimes described as more of a postponement than a solution. The legal theory
underpinning amortization is that the local government has placed the property owner on notice, and has
provided sufficient time for the property owner to realize a return on his or her investment so as to avoid a
deprivation of due process rights. Ultimately, amortization is a "balancing test" that weighs the private
cost against the public gain. In doing research, it appears that ten years is generally accepted as a
reasonable period to allow owners to realize the return on their initial sign investment. Numerous courts
in Florida and across the country have upheld a municipality's ability to regulate non-conforming signs
through the amortization process.
The code changes enacted in 2002 created situations where a sign would need to be replaced, such as:
abandonment, weather damage, alteration of more than 25% of materials (see Exhibit 1 for full list). Since
2002, the amount of non-confonning signs in Atlantic Beach has been reduced from 79 to 54. In that
same time period, 19 new free standing signs have been constructed that meet the eight foot height limits
and all other sign codes. Twelve of these signs are on Atlantic Boulevard and seven are on Mayport Road.
As you can see on the map in Exhibit 2, the majority of the new confonning signs on Atlantic Boulevard
are between Sailfish Drive and Aquatic Drive. Thirteen of fifteen signs between Seminole Drive and the
Town Center are non-confonning (Exhibit 3). On the Neptune Beach side of Atlantic Boulevard, there are
only five non-confonning signs between Seminole and the Town Center. Given property values in this
area and market demand, asking businesses to come into compliance may not be as difficult as it will be
on Mayport Road.
There are cunently 29 nonconfonning signs in the Atlantic Beach portion of Mayport Road. Staff was not
able to detennine how many non-conforming signs there are in the city of Jacksonville portion of
Mayport Road. Based on visual analysis of the corridor, it is clear that the amount is substantial. The City
of Jacksonville's sign amortization for Mayport Road is not scheduled to occur until20 18.
Staff Recommendations: Staff has several recommendations. The first is to sync amortization up with
both Neptune Beach and Jacksonville. Neptune Beach extended theirs until the fall of 2014, while
AGENDA ITEM# 8E
OCTOBER 27, 2014
Jacksonville's will not occur until 2018. This proposal means keeping the scheduled 2015 amortization
for Atlantic Blvd, while extending Mayport Road's until 2018 to match Jacksonville's portion of the
corridor. If businesses on both corridors are required to come into compliance by January, I st 2015, it will
greatly exhaust staff resources and time. By staggering the amortization, staff can focus on Atlantic
Boulevard and then use that experience to work with businesses on the Mayport Corridor to prepare for
2018. There is also no denying that right now there is a major difference in tenns of aesthetics, rent
prices, and property values between Atlantic Boulevard and Mayport Road. As the gateway to the beach
and Town Center, the commission may decide to hold Atlantic Boulevard to a higher standard than
Mayport Road.
In looking at how other municipalities have handled sign amortization, it was found that the use of
incentive programs has greatly eased the contentiousness of the process and speed their removal up. Staff
would like to ask for money in next year's budget to create an incentive program for owners of non-
confonning signs on Atlantic Boulevard. This program could help offset the costs of removal/alteration.
Generally 50/50 matches are the standard for these types of programs. Staff estimates that roughly 8 of
the 25 non-confonning signs on Atlantic Boulevard can be reduced by cutting the sign pole, 2 can be
corrected by minor alterations, and 8 through major alterations. The remaining seven would likely need
total replacement.
Extending the amortization to 2018 for Mayport, would also give staff time to try to create an incentive
program for non-confonning signs there and to start working proactively with businesses. There is the
possibility of using future CDBG funds for a sign removal program. Additionally, the city may explore
the creation of a CRA along the Mayport Road corridor, which would be another mechanism to fund an
incentive program. Given the current market conditions, and lack of a long tenn redevelopment plan, staff
believes it is in the best interest of all parties to delay amortization to 2018 for Mayport Road.
Staff would also like to use this opportunity to consider making changes to the sign code that relate
specifically to amortization. One of those is to create specific standards that would allow non-conforming
signs to be granted a waiver. Currently, the code states that a waiver can be sought, but does not have
established criteria for when one should be granted. Another possible change is to require that non-
confonning signs come into compliance when a substantial redevelopment happens on a property.
Currently the code only requires a sign come into compliance if there are any changes to the sign itself,
but does not require it when any other improvements occur on a property. If amortization is extended to
2018 along Mayport Road, this provision would ensure more businesses come into compliance with sign
codes prior to the deadline.
BUDGET: None.
RECOMMENDATION: Request that staff draft an ordinance that amends the existing sign code
to extend amortization to 2018 for Maypmt Road; establishes specific standards for the granting of
waivers; and requires non-conforming signs to come into compliance when substantial renovations occur
on a property.
ATTACHMENTS: Existing non-confonning s1gn code. Maps of current non-conforming
signs and new confonning signs.
REVIEWED BY CITY MANAGER: ___________________ _
AG~NOA ITEM H 8E
OCTO tum 27,20 14
PART II · CODE OF ORD INANCES
Chapter 17 ·SIGN S AND ADVERTIS I NG STRU CTUR ES
ARTICLE IV. NONCONFORM IN G SIGNS AND WAIVER TO CE RTAI N PROVISIONS
ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS
Sec. 17-51 . Nonconforming signs.
Sec. 17-52 . Reg uests to waive certain ter ms of this chap te r.
Sees. 17-53-17-60. Reserved.
Sec. 17-51 . Nonconforming signs.
A ll s ign s , which wer e lawfully in existence and constructed or in sta lled with properl y issued sign
perm its as of the effective date of these amended regu lations, a nd which are made non con f orming by the
provision s herein sha l l be allowed to remain in accordance with th e fo ll owing conditions:
(1) Freestan ding signs, permitted pursuan t t o section 17-29, made nonconforming upon the in itia l
effective date of these amended regu la tions, which are not in com pliance only with respect to
the minimum requi red distance of fi ve (5) fee t from a ny property lin es sha ll be allowed to r ema in
in the exi sting lo ca tion provided th a t no portion of the sign is loca ted Within any publicly owned
right-of-way or utility easement an d that no interfer ence Wit h clear sight distance exists, and
further provided th at such sig ns are otherwise in complia nce with the terms of th is chapter.
(2) Freestanding s i gns, permitted pursuant to sectio n 17-29, made n onconformin g upon the initi al
effec ti ve date of these a mend ed re gulation s, which are not in complian ce with respect only to
maximum width, he igh t or size shall be allowed to remain, p rovided that such signs are
otherwise in co mplia nce wi th th e terms of thi s ch apte r.
(3) Nonco nforming s ign s, incl uding th ose as described In preceding paragraphs (1) and (2) s ha ll be
made conformi ng w ith all provisions of this chapter w hen any of th e f ollowing changes a r e
made:
a . A ny change to the stru c tu ral suppo rt s or structura l materials, including te rn porary
re location associated with r outine maint enance of a property.
b. Any change w hic h increases the illuminatio n.
c. Any change w hich in cr eases the height of a sign.
d. Any change, w hich alter s the materia l used f or the d isplay area or face area by more than
twenty-five (25) percent.
e. Any replacement r equired as the result of an accidenta l act or a weath er-relat ed act.
f. Any replacement of an aba nd oned sign.
g. A ny change necessary for compliance with Florid a Building Code requirements.
(4) The provisions o f this section s hall not be co nstru ed to apply to signs th at are abandon ed,
deteriorated, dilapid ated, or in a gener al s ta te of d isrepair, or which are determined to create a
hazard t o public safety. Such signs shall be subj ect to the provisions of sectio n 17-33
(5) Notwithstanding the preceding prov ~s i o ns of paragraphs (1) through (4), all sign s p ermitted
w ithin commerc ial and industri al zoning districts, pursuan t to section 17-6 of thi s cha pter, shall
be made to conform with the provisio ns of this chapter, as m ay be amended on or before
January 1, 2015.
(Ord. No. 60-0 2-12 , § 2, 9-9 -0 2; Ord. No. 60-0 3-13 , § 2 , 3 -2 4-03 ; Orcl. No . 6 0-11 -16, § 1. '10 -10-11)
Atla nt ic Beach, Florida, Code o f Ordinances Page 1
PART II-CODE OF ORDINANCES
Chapter 17-SIGNS AND ADVERTISING STRUCTURES
ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS
Sec. 17-52. Requests to waive certain terms of this chapter.
AGENDA ITEM # 8E
OCTOBER 27, 2014
Requests to waive terms of this chapter may be made upon specific application to the city
commission, with proper public notice required, provided that no waiver shall be requested that would
allow a prohibited sign, or any otherwise unlawful sign. The applicant requesting such waiver shall have
the burden of demonstrating the need for the requested waiver, and that the waiver is not in conflict with
the intent of this chapter. The terms of any waiver to the provisions of this chapter shall be established by
order of the city commission.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sees. 17-53-17-60. Reserved.
Atlantic Beach, Florida, Code of Ordinances Page 2
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AGEN DA ITEM # 8E
OCTOBER 27,201 4
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AGENDA ITEM# 8E
OCTOBER 27,2014
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Lege nd
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