Jacksonville Beach 12-7-15 Agenda Packet JACKSONVILLE CITY ATTORNEY
BEACH ,
Memorandum
City of To: George D. Forbes, City Manager
Jacksonville Beach From: Susan Erdelyi, City Attorney
City Hall
Date: November 19, 2015
11 North Third Street
Jacksonville Beach Re: ORDINANCE NO. 2015-8064 and 2015-8065
FL 32250
Phone:904.247.6268 Action Requested:
Fax: 904.247 6276 Adopt Ordinance 2015-8064 to replace the existing Article IV Definitions with a
new Article IV Definitions deleting, revising, or adding new definitions relating to
signs.
www.jacksonvil lebeach.org
Background:
In 2010, the City Council passed a comprehensive sign code which is now
codified at Division IV, Article VIII, Chapter 34 (Land Development Code) of the
Jacksonville Beach Code of Ordinances.
A recent U.S. Supreme Court Opinion in the case of Reed v. Town of Gilbert,
Ariz., (U.S. June 18, 2015), impacts the traditional regulation of certain signs in
municipal codes across the country. The Reed case reached a decision that sign
code provisions which separately categorize or classify temporary
noncommercial signs, such as qualifying event signs, political signs, and
ideological signs based upon the information conveyed, are now subject to strict
scrutiny rather than intermediate scrutiny by the courts.
In response to this recent opinion, the City has retained a land use attorney Bill
Brinton who specializes in sign codes. The City's outside counsel in this matter
has substantial experience in law regarding land use law and the First
Amendment.
Mr. Brinton and the City Attorney have recommended that the City should take
action to revise or replace its sign code and its related provisions to comport with
the Supreme Court's guidance in the Reed case and to ensure that its signage
regulations will be interpreted as content neutral, except where a compelling
government interest requires a content-based distinction.
Overall, the proposed modifications retain the existing criteria for signage within
the City of Jacksonville Beach but restructure the Sign Standards where they
could be improved.
Ordinance 2015-8064 (Definitions) contains updates to the Definitions for the
(EDE-4,N\ Land Development Code. Some definitions have been added. Some definitions
have been deleted. Some definitions have been revised.
Page 1 of 4
The main difference between the definitions in the current code and Ordinance
2015-8064 is the deletion of certain categories of signs that are currently based
on the category description of the type of signs. For instance, the current code
has definitions for "Political campaign or election signs," "free expression signs,"
and the like. The Reed opinion states that this type of categorization can subject
a sign code to strict scrutiny. This means that a sign code is vulnerable to being
ruled to be unconstitutional.
In Ordinance 2015-8064 (Definitions), signs such as "non-commercial off-site
directional signs," "election signs," and "political campaign signs" are no longer
defined and temporary signs and permanent signs are now categorized by their
size, duration and permanency with no reference to what type of message could
be conveyed on the sign. Signs are divided into "permanent signs" and
"temporary signs" and further categorized based on the size and use of the land
on which the sign is placed. For example signs not intended for permanent use
fit in the category of"temporary signs" under the proposed code.
Changes proposed to the current Definitions section of the Land Development
Code are noted by strikeouts for deleted language and underlines for added
language.
At this ordinance's introduction, we discussed making a change to the definition
of temporary signs. This language has been revised as follows:
Temporary sign means a sign intended for a use not permanent in
nature. Unless otherwise provided for in this Code herein, a sign
with an intended use of two (2) months or less or for a period of
time related to an event shall be deemed a temporary sign unless
otherwise indicated elsewhere in this Code. A flag shall be deemed
a temporary sign.
Recommendation:
Adopt Ordinance 2015-8064, Land Development Code Definitions as amended.
Action Requested:
Adopt Ordinance 2015-8065 to replace the existing Division IV Sign Standards
of Article VIII Site Development Standards deleting, revising, or adding new
provisions relating to Site Development Standards applicable to signs.
Background:
See above background which also applies to Ordinance 2015-8065. Ordinance
No. 2015-8065 contains a new Division IV, Article VIII of the Land Development
Code. The changes within Division IV, Sign Standards, are designed to comport
Page 2 of 4
with the Reed decision. Division IV is restructured to make the code more user-
friendly, but, when possible, maintains most of the provisions from the prior code.
The proposed ordinance ties signs to land use principles.' Both the current code
and proposed Ordinance No. 2015-8065 provide for sign size to be directly
related to the size of the property on which the sign will be placed. Overall, the
proposed ordinance does not change the allowed sizes of permanent signs. For
example, monument signs for single occupant or tenant buildings under both the
current code and the proposed code authorize a sign size of up to "one (1)
square foot of sign area for each linear foot of road frontage on the street" up to a
maximum sign area of "one-hundred (100) square feet." See Ordinance 2015-
8065, Sec. 34-445 (17), on page 12 of Exhibit A.
Previously, the City required permits for certain commercial temporary signs.
Under the proposed Ordinance, permanent signs require permits and temporary
signs do not require permits.
Some of the temporary sign regulations were previously governed by a resolution
(now rescinded) and some of the temporary sign regulations were governed by
the current code. Temporary sign regulations have now been condensed and
simplified. The changes ensure that these regulations are content neutral under
the new guidance from the Supreme Court (See page 15 of Exhibit A). The
permanent sign regulations have also been simplified. We believe that they are
more end-user friendly than before. Some changes have been incorporated into
the revisions so as to provide greater clarity and to codify actual practice.
Changes made since the introduction of the ordinance are noted by strikeouts for
deleted language and underlines for added language.
Since the introduction of this ordinance, Whereas clauses which explain the City
Council's legislative intent have been modified or added.
One concern discussed by the City Council was the lighting of flags. For this
reason, a Whereas clause was added:
WHEREAS, the City of Jacksonville Beach finds and
determines that it is appropriate to prohibit direct illumination of
the surface of any temporary sign but such prohibition shall not be
construed to constrain the general illumination of flags and
flagpoles.
A second change discussed at the last council meeting was regarding the length
of time temporary signs can be displayed. Table 34-447.1b was amended as
follows:
'The number of temporary commercial signs per parcel shall be
no more than two (2) signs; however, no more than one temporary
Florida law requires local governments to adopt land development regulations that regulate
signage. See Fla. Stats. § 163.3202(2)(f).
Page 3 of 4
commercial sign per parcel may be a banner sign and a temporary
commercial banner sign is limited to a maximum duration of
display of no more than thirty (30) days per calendar year per
parcel.
The duration of a temporary sign related to an event remains unchanged from
the introduced ordinance. A temporary sign must be removed within seven (7)
calendar days after the event ends.
Recommendation:
Adopt Ordinance 2015-8065 regarding sign regulations as amended.
Page 4 of 4
William D.Brinton 1301 Riverplace Boulevard•Suite 1500
R O G E R S TOWERS Jacksonville,Flonda 32207
904.398.3911 Main
904.346.5537 904.396.0663 Fax
ATTORNEYS Al I P. F\' WBrinton@rtlaw.corn www.rtlaw.com
November 20, 2015
VIA HAND DELIVERY
The Honorable Mayor William C. Latham
The Honorable Chris Hoffman,Member City Council,At Large, Seat 1
The Honorable Phil Vogelsang, Member City Council, At Large, Seat 2
The Honorable Keith Doherty, Member City Council, At Large, Seat 3
The Honorable Bruce Thomason, Member City Council, District 1, Seat 4
The Honorable Jeanell Wilson, Member City Council, District 2, Seat 5
The Honorable Lee Buck,Member City Council,District 3, Seat 6
11 North Third Street—City Hall
Jacksonville Beach, FL 32250
Mr. George D. Forbes
City Manager, City of Jacksonville Beach
11 North Third Street—City Hall
Jacksonville Beach, FL 32250
Mr. William C.Mann,AICP
Planning and Development Director,
City of Jacksonville Beach
11 North Third Street—City Hall
Jacksonville Beach, FL 32250
Re: Proposed Ordinance No. 2015-8064 and Proposed Ordinance No. 8065
City of Jacksonville Beach's Land Development Code
Dear Mayor Latham, City Council Members, Mr. Forbes and Mr. Mann,
We have diligently worked with the City Attorney, the City Manager, and the City
Planning and Development Director, and consulted with others, in the crafting for your
consideration of proposed Ordinance No.2015-8064 and proposed Ordinance No. 2015-8065,
pertaining to revisions to your Land Development Code.
It is important to note:
• The City's sign regulations have not been updated in their entirety since 2010.
• There was a major legal decision by the U.S. Supreme Court on June 18, 2015 that
impacts sign regulations across America.
The Honorable Mayor William C. Latham, et al.
November 20,2015
Page 2
• There is a need for local governments to revisit the entirety of their sign regulations
from time to time based upon new developments in the law, and this is such a time.
• There have been recommendations by multiple organizations that local governments
consider revising and modifying their sign codes in light of the recent Supreme Court
decision.
We have assembled into tabbed notebooks the written material referenced in the
"WHEREAS clauses" in the two proposed ordinances, as well as other material separately
referenced and in this letter. The material includes a memorandum from William Mann
addressed to me and the City Manager. The tabbed notebooks are available in the City Hall
Office of the City Attorney, or alternatively in the Office of the Director of Planing and
Development.
Also for each recipient of this letter, we have placed this letter on a disc,together with the
same tabbed material. A disc is enclosed with each original of this letter.
In support of the two proposed ordinances, the points below are accurate statements for
purposes of making findings and determinations and in recognizing certain matters identified
herein. In addition, from discussions with and input from the Director of Planning and
Development, the City Manager and the City Attorney, and based upon input from the Planning
Commission and your own input at the first public hearing, it is our understanding that the City
of Jacksonville Beach is desirous of achieving the various goals described herein. Further, based
upon the state of the law and reported judicial decisions referenced herein and other knowledge
of the undersigned counsel gained over many years of practice in the First Amendment area and
land development regulations involving signage, various matters involving the Iaw and the
regulation of signage as set forth herein are accurate statements for purposes of making findings
and determinations and in recognizing certain matters identified herein. Based upon all of the
foregoing, we submit the following points for your consideration:
1. It is appropriate for the City of Jacksonville Beach to update and revise its Land
Development Code relative to signs.
2. It is appropriate for the City of Jacksonville Beach to delete sections, subsections,
paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences, phrases, words, and
provisions of the existing ordinance which are obsolete or superfluous, and/or which have not
been enforced, and/or which are not enforceable, and/or which would be severable by a court of
competent jurisdiction.
3. It is appropriate to ensure that the Land Development Code as it relates to signs is
in compliance with all constitutional and other legal requirements.
4. It is appropriate that the purpose, intent and scope of the City of Jacksonville
Beach's signage standards and regulations should be detailed so as to further describe the
beneficial aesthetic and other effects of the City's sign standards and regulations, and to reaffirm
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 3
that the sign standards and regulations are concerned with the secondary effects of speech and
are not designed to censor speech or regulate the viewpoint of the speaker.
5. The limitations on the size (area), height, number, spacing, and setback of signs as
set forth in the proposed Ordinance No. 2015-8065 are based upon the sign types.
6. The limitations on signs as set forth in the proposed Ordinance No. 2015-8065 are
related to the zoning districts for the parcels and properties on which they are located.
7. Various sins that serve as signage for particular land uses, such as drive-through
lanes for businesses, are based upon content-neutral criteria in recognition of the functions
served by those land uses, but not based upon any intent to favor any particular viewpoint or
control the subject matter of public discourse.
8. The sign standards and regulations as set forth in the proposed Ordinance No.
2015-8065 will still allow adequate alternative means of communications.
9. The sign standards and regulations as set forth in the proposed Ordinance No.
2015-8065 will allow and leave open adequate alternative means of communications, such as
newspaper advertising and communications, internet advertising and communications,
advertising and communications in shoppers and pamphlets, advertising and communications in
telephone books, advertising and communications on cable and satellite television, advertising
and communications on UHF and/or VHF television, advertising and communications on AM
and/or FM radio, advertising and communications on satellite and internet radio, advertising and
communications via direct mail, and other avenues of communication available in the City of
Jacksonville Beach [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204, 1205
(Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S.
469, 477 (1989); Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007); Naser
Jewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d
16, 43-44 (1st Cir. 2007); La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006);
Reed v. Town of Gilbert, 587 F.3d 866, 980-981 (9th Cir. 2009), aff'd in part &remanded in part
on other grounds, 832 F. Supp. 2d 1070 (D. Ariz. 2011), aff'd, 707 F.3d 1057, 1063 (9th Cir.
2013), cert. granted, 134 S. Ct. 2900 (2014), rev'd on other grounds & remanded, 135 S. Ct.
2218 (2015)].
10. The provisions of Division IV, Article 8, Chapter 34 (Land Development Code)
of the City of Jacksonville Beach Code of Ordinances, as proposed to replace the current
Division IV, as set forth in Exhibit A to proposed Ordinance No. 2015-8065, are consistent with
all applicable policies of the City's adopted 2030 Comprehensive Plan; are not in conflict with
the public interest; and will not result in incompatible land uses.
11. It is recognized that under established Supreme Court precedent, a law that is
content-based is subject to strict scrutiny under the First Amendment of the U.S. Constitution,
and such law must therefore satisfy a compelling governmental interest.
The Honorable Mayor William C. Latham, et al.
November 20,2015
Page 4
12. It is recognized that under established Supreme Court precedent, a compelling
government interest is a higher burden than a substantial or significant governmental interest.
13. It is recognized that under established Supreme Court precedent, aesthetics is not
a compelling governmental interest but is a substantial governmental interest.
14. It is recognized that until the recent Supreme Court decision released in June
2015, there had not been clarity as to what constitutes a content-based law as distinguished from
a content-neutral law.
15. It is recognized that in Reed v. Town of Gilbert, Ariz, — U.S. —, 135 S. Ct. 2218
(2015), the United States Supreme Court, in an opinion authored by Justice Thomas, and joined
in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayer, addressed the
constitutionality of a local sign ordinance that had different criteria for different types of
temporary noncommercial signs.
16. It is recognized that in Reed, the Supreme Court held that content-based
regulation is presumptively unconstitutional and requires a compelling governmental interest.
17. It is recognized that in Reed, the Supreme Court held that government regulation
of speech is content based if a law applies to particular speech because of the topic discussed or
the idea or message expressed.
18. It is recognized that in Reed, the Supreme Court held that even a purely
directional message, which merely gives the time and location of a specific event, is one that
conveys an idea about a specific event, so that a category for directional signs is therefore
content-based, and event-based regulations are not content neutral.
19. It is recognized that in Reed, the Supreme Court held that if a sign regulation on
its face is content-based, neither its purpose, nor function, nor justification matter, and the sign
regulation is therefore subject to strict scrutiny and must serve a compelling governmental
interest.
20. It is recognized that in Reed, Justice Alito in a concurring opinion joined in by
Justices Kennedy and Sotomayer pointed out that municipalities still have the power to enact and
enforce reasonable sign regulations.
21. It is recognized that in Reed, Justice Alito in the concurring opinion joined in by
Justices Kennedy and Sotomayer provided a list of rules that would not be content-based.
22. It is recognized that in Reed, Justice Alito noted that these rules, listed below,
were not a comprehensive list of such rules.
23. It is recognized that in Reed, Justice Alito included the following rules among
those that would not be content-based: (1) rules regulating the size of signs, which rules may
distinguish among signs based upon any content-neutral criteria such as those listed below; (2)
rules regulating the locations in which signs may be placed,which rules may distinguish between
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 5
freestanding signs and those attached to buildings; (3) rules distinguishing between lighted and
unlighted signs; (4) rules distinguishing between signs with fixed messages and electronic signs
with messages that change; (5) rules that distinguish between the placement of signs on private
and public property; (6) rules distinguishing between the placement of signs on commercial and
residential property; (7) rules distinguishing between on-premises and off-premises signs [see
Memorandum dated September 11, 2015 from Lawrence Tribe to Nancy Fletcher, President,
Outdoor Advertising Association of America, re Applying the First Amendment to Regulations
Distinguishing Between Off-premises and On-premises Signs After Reed v. Town of Gilbert]; (8)
rules restricting the total number of signs allowed per mile of roadway; and (9) rules imposing
time restrictions on signs advertising a one-time event, where rules of this nature do not
discriminate based on topic or subject and are akin to rules restricting the times within which oral
speech or music is allowed.
24. It is recognized that in Reed, Justice Alito further noted that in addition to
regulating signs put up by private actors, government entities may also erect their own signs
consistent with the principles that allow governmental speech [see Pleasant Grove City v.
Summum, 555 U.S. 460, 467-469 (2009)], and that government entities may put up all manner of
signs to promote safety, as well as directional signs and signs pointing out historic sites and
scenic spots.
25. It is recognized that in Reed, Justice Alito noted that the Reed decision, properly
understood, will not prevent cities from regulating signs in a way that fully protects public safety
and serves legitimate esthetic objectives, including rules that distinguish between on-premises
and off-premises signs.
26. As a result of the decision in Reed v. Town of Gilbert, Ariz.,—U.S.—, 135 S. Ct.
2218 (2015), it is appropriate and necessary for local governments to review and analyze their
sign standards and regulations, beginning with their temporary sign standards and regulations, so
as to make the necessary changes to conform with the holding in the Reed decision.
27. It is recognized that under established Supreme Court precedent, commercial
speech may be subject to greater restrictions than noncommercial speech and that doctrine is true
for both temporary signs as well as for permanent signs.
28. Under Florida law, whenever a portion of a statute or ordinance is declared
unconstitutional, the remainder of the act will be permitted to stand provided: (1) the
unconstitutional provisions can be separated from the remaining valid provisions; (2) the
legislative purpose expressed in the valid provisions can be accomplished independently of those
which are void; (3) the good and the bad features are not so inseparable in substance that it can
be said that the legislative body would have passed the one without the other; and (4) an act
complete in itself remains after the valid provisions are stricken [see, e.g., Waldrup v. Dugger,
562 So. 2d 687 (Fla. 1990)].
29. There have been several judicial decisions where courts have not given full effect
to severability clauses that applied to sign regulations and where the courts have expressed
uncertainty over whether the legislative body intended that severability would apply to certain
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 6
factual situations despite the presumption that would ordinarily flow from the presence of a
severability clause.
30. The City of Jacksonville Beach has consistently adopted and enacted severability
provisions in connection with its ordinance code provisions, and the City wishes to ensure that
severability provisions apply to its land development regulations, including its sign standards.
31. We recommend that there be an ample record of the City of Jacksonville Beach's
intention that the presence of a severability clause in connection with the City's sign regulations
be applied to the maximum extent possible, even if less speech would result from a
determination that any provision is invalid or unconstitutional for any reason whatsoever.
32. Objects and devices such as graveyard and cemetery markers visible from a
public area, vending machines or express mail drop-off boxes visible from a public area,
decorations that do not constitute advertising visible from a public area, artwork that does not
constitute advertising, a building's architectural features visible from a public area, or a
manufacturer's or seller's markings on machinery or equipment visible from a public area are not
within the scope of what is intended to be regulated through "land development" regulations that
pertain to signage under Chapter 163 of the Florida Statutes.
33. The aforesaid objects and devices are commonly excluded or exempted from
being regulated as signs in land development regulations and sign regulations, and extending a
regulatory regime to such objects or devices would be inconsistent with the free speech clause of
the First Amendment.
34. If the City of Jacksonville Beach determines to continue to prohibit discontinued
signs, and consistent with the input and advice of the Planning and Development Director, then
the City should do so regardless of whether or not there was any intent to abandon the sign.
35. A traffic control device sign, exempt from regulation under the City of
Jacksonville Beach's land development regulations for signage, would include any government
sign located within the right-of-way that functions as a traffic control device and that is described
and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the
Federal Highway Administrator as the National Standard, and according to the MUTCD traffic
control device signs include those signs that are classified and defined by their function as
regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice
of a situation that might not readily be apparent), and guide signs (that show route designations,
directions, distances, services, points of interest, and other geographical, recreational, or cultural
information). The current MUTCD is available on line.
36. It is appropriate for the City of Jacksonville Beach to prohibit certain vehicle
signs similar to the prohibition suggested in Article VIII (Signs) of the Model Land Development
Code for Cities and Counties, prepared in 1989 for the Florida Department of Community
Affairs by the UF College of Law's Center for Governmental Responsibility and by a
professional planner with Henigar and Ray Engineering Associates, Inc., and that is nearly
identical to Section 7.05.00(x) of the Land Development Regulations of the Town of Orange
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 7
Park, which were upheld against a constitutional challenge in Perkins v. Town of Orange Park,
2006 WL 5988235 (Fla. 4th Cir. Ct.).
37. The City of Jacksonville Beach is a resort community on the east coast of the state
with several miles of beaches on the Atlantic Ocean and the City has an economic base which
relies heavily on tourism.
38. In order to preserve the City of Jacksonville Beach as a desirable community in
which to live, vacation and do business, a pleasing, visually-attractive urban environment is of
foremost importance.
39. The regulation of signs within the City of Jacksonville Beach is a highly
contributive means by which to achieve the desired end, as described-above, and the sign
standards and regulations in proposed Ordinance No. 2015-8064 and proposed Ordinance No.
2015-8065 have been prepared with the intent of enhancing the urban environment and
promoting the continued well-being of the City of Jacksonville Beach.
40. Article II, Section 7, of the Florida Constitution, as adopted in 1968, provides that
it shall be the policy of the state to conserve and protect its scenic beauty.
50. The regulation of signage for purposes of aesthetics is a substantial governmental
interest and directly serves the policy articulated in Article II, Section 7, of the Florida
Constitution, by conserving and protecting its scenic beauty.
51. The regulation of signage for purposes of aesthetics has long been recognized as
advancing the public welfare.
52. As far back as 1954 the United States Supreme Court recognized that "the
concept of the public welfare is broad and inclusive," that the values it represents are "spiritual
as well as physical, aesthetic as well as monetary," and that it is within the power of the
legislature "to determine that the community should be beautiful as well as healthy, spacious as
well as clean,well balanced as well as carefully patrolled" [Justice Douglas in Berman v. Parker,
348 U.S. 26, 33 (1954)].
53. Aesthetics is a valid basis for zoning, and the regulation of the size of signs and
the prohibition of certain types of signs can be based upon aesthetic grounds alone as promoting
the general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade County v. Gould, 99
So. 2d 236 (Fla. 1957); E.B. Elliott Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141
(5th Cir. 1970), cert. dismissed, 400 U.S. 878 (1970)].
54. The enhancement of the visual environment of the City of Jacksonville Beach is
critical to the community's image and its continued presence as a tourist destination.
55. Sign control principles set forth in the preambles of proposed Ordinance No.
2015-8065 and in Exhibit A thereto create a sense of character and ambiance that distinguishes
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 8
the City of Jacksonville Beach as one with a commitment to maintaining and improving an
attractive environment.
56. The beauty of the City of Jacksonville Beach, both with regard to its natural and
built/developed environment have provided the foundation for the economic base of the City's
development, and the City's sign regulations not only help create an attractive community for its
residents, but also bolster the City's image as a tourist destination.
57. The City of Jacksonville Beach's goals, objectives and policies from planning
documents, developed over the years, demonstrate a strong, long-term commitment to
maintaining and improving the City's attractive and visual environment.
58. From a planning perspective, one of the most important community goals is to
define and protect aesthetic resources and community character.
59. From a planning perspective, sign regulations are especially important to cities
with a tourist-based economy, and sign control can create a sense of character and ambiance that
distinguishes one community from another.
60. Two decades ago a growing number of cities had begun prohibiting pole signs,
allowing only ground signs (also referred to as monument signs); monument signs are typically
used and preferred by vacation resorts, planned communities, and other cities that seek a
distinctive image [see Edward T. McMahon, Sign Regulations, Planning Commissioners Journal,
Number 25, Winter 1996-97, at page 29], and the City of Jacksonville Beach seeks to maintain
that distinctive image for as part of its community character.
61. Preserving and reinforcing the uniqueness of a tourist community like the City of
Jacksonville Beach attracts tourists and, more importantly, establishes a permanent residential
and commercial base to ensure the future viability of the community.
62. The purpose of the regulation of signs as set forth in Exhibit A to proposed
Ordinance No. 2015-8065 is to promote the public health, safety and general welfare through a
comprehensive system of reasonable, consistent and nondiscriminatory sign standards and
requirements.
63. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to enable the identification of places of residence and business.
64. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to allow for the communication of information necessary for the conduct of
commerce.
65. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to lessen hazardous situations, confusion and visual clutter caused by
proliferation, improper placement, illumination, animation and excessive height, area and bulk of
signs which compete for the attention of pedestrian and vehicular traffic.
The Honorable Mayor William C. Latham, et al.
November 20,2015
Page 9
66. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to enhance the attractiveness and economic well-being of the city as a place to
live, vacation and conduct business.
67. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to protect the public from the dangers of unsafe signs.
68. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to permit signs that are compatible with their surroundings and aid orientation,
and to preclude placement of signs in a manner that conceals or obstructs adjacent land uses or
signs.
69. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to encourage signs that are appropriate to the zoning district in which they are
located and which are consistent with the category of use to which they pertain.
70. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature of any such
business.
71. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to establish sign size in relationship to the scale of the lot and building on
which the sign is to be placed or to which it pertains.
72. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to preclude signs from conflicting with the principal permitted use of the site
or adjoining sites.
73. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to regulate signs in a manner so as to not interfere with, obstruct the vision of
or distract motorists, bicyclists or pedestrians.
74. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to require signs to be constructed, installed and maintained in a safe and
satisfactory manner.
75. The sign regulations as set forth in Exhibit A to proposed Ordinance No. 2015-
8065 are intended to preserve and enhance the natural and scenic characteristics of this coastal
resort community.
76. The regulation of signage was originally mandated by Florida's Local
Government Comprehensive Planning and Land Development Regulation Act in 1985 (see
Chapter 85-55, §14, Laws of Florida), and this requirement continues to apply to the City of
Jacksonville Beach through Section 163.3202(2)(f), Florida Statutes.
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 10
77. The City of Jacksonville Beach has adopted a land development code, known as
the Land Development Code, in order to implement its Comprehensive Plan, and to comply with
the minimum requirements in the State of Florida's Growth Management Act, at Section
163.3202, Florida Statutes, including the regulation of signage and future land use.
78. The City of Jacksonville Beach is required to regulate signage and the City's
Land Development Code is the manner by which the City has chosen to do so.
79. The City of Jacksonville Beach's Land Development Code and its signage
regulations were and are intended to maintain and improve the quality of life for all citizens of
the City.
80. In meeting the purposes and goals established and set forth in Exhibit A to
proposed Ordinance No. 2015-8065, it is appropriate to prohibit and/or to continue to prohibit
certain sign types.
81. Consistent with the provisions set forth in Exhibit A to proposed Ordinance No.
2015-8065, it is appropriate to continue to prohibit signs such as many of those identified in the
current Section 34-452 and to prohibit the sign types described in Section 34-444 Prohibited
Signs in Exhibit A to proposed Ordinance No. 2015-8065.
82. Billboards detract from the natural and manmade beauty of the City. See Edward
T. McMahon, Billboards: The Case for Control, Planning Commissioners Journal, Number 81,
Winter 2011, at pages 6-9.
83. The American Society of Landscape Architects has determined that billboards
tend to deface nearby scenery, whether natural or built. See American Society of Landscape
Architects, Policy Statement: BILLBOARDS AND SIGNAGE (1990, R2001, R2010). The
substantial role of aesthetics in planning and combatting visual pollution is recognized by the
Sierra Club and the American Society of Civil Engineers. See Sierra Club, Visual Pollution-
Policy Statements: Billboards (as adopted by the Sierra Club Board of Directors on February 5-6,
1969 and February 4, 1984); and American Society of Civil Engineers, Policy Statement 117 —
Aesthetics (approved by ASCE Board of Directors on July 14,2014).
84. It is recognized that four states, Vermont, Alaska, Maine, and Hawaii, have
prohibited the construction of billboards in their states and are now billboard-free in an effort to
promote aesthetics and scenic beauty.
85. The prohibition of the construction of billboards and certain other sign types, as
well as the establishment and continuation of height, size and other standards for on-premise
signs, is consistent with the policy set forth in the Florida Constitution that it shall be the policy
of the state to conserve and protect its scenic beauty.
86. The courts have recognized that outdoor advertising signs tend to interrupt what
would otherwise be the natural landscape as seen from the highway, whether the view is
untouched or ravished by man, and that it would be unreasonable and illogical to conclude that
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 11
an area is too unattractive to justify aesthetic improvement [see E. B. Elliott Adv. Co. v.
Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 878 (1970);
John Donnelly &Sons, Inc. v. Outdoor Advertising Bd., 339 N.E.2d 709, 720 (Mass. 1975)].
87. It is recognized that local governments may separately classify off-site and on-
site advertising signs in taking steps to minimize visual pollution [see City of Lake Wales v.
Lamar Advertising Association of Lakeland Florida, 414 So.2d 1030, 1032 (Fla. 1982)].
88. Billboards attract the attention of drivers passing by the billboards, thereby
adversely affecting traffic safety and constituting a public nuisance and a noxious use of the land
on which the billboards are erected.
89. Billboards are a form of advertisement designed to be seen without the exercise of
choice or volition on the part of the observer, unlike other forms of advertising that are ordinarily
seen as a matter of choice on the part of the observer [see Packer v. Utah, 285 U.S. 105 (1932);
and General Outdoor Advertising Co. v. Department of Public Works, 289 Mass. 149, 193 N.E.
799 (1935)].
90. The United States Supreme Court and many federal courts have accepted
legislative judgments and determinations that the prohibition of billboards promotes traffic safety
and the aesthetics of the surrounding area. [see Markham Adver. Co. v. State, 73 Wash.2d 405,
439 P.2d 248 (1969), appeal dismissed for want of a substantial federal question, 439 U.S. 808
(1978); Markham Adver. Co., Inc. v. State, Case No. 648, October Term, 1968, Appellants'
Jurisdictional Statement, 1968 WL 129277 (October 14, 1968); Suffolk Outdoor Adver. Co., Inc.
v. Hulse, 43 N.Y.2d 483, 372 N.E.2d 263 (1977), appeal dismissed for want of a substantial
federal question, 439 U.S. 808 (1978); Suffolk Outdoor Adver. Co., Inc. v. Hulse, Case No. 77-
1670, October Term, 1977, Appellant's Jurisdictional Statement (March 23, 1978);Metromedia,
Inc. v. City of San Diego, 453 U.S. 490, 509-510 (1981); Members of the City Council of the City
of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 806-807 (1984), City of Cincinnati v.
Discovery Network, Inc., 507 U.S. 410, 425 and 442 (1993); National Advertising Co. v. City
and County of Denver, 912 F.2d 505, 409 (10th Cir. 1990), and Outdoor Systems, Inc. v. City of
Lenexa, 67 F. Supp. 2d 1231, 1239 (D. Kan. 1999)].
91. On-site business signs are considered to be part of the business itself, as
distinguished from off-site outdoor advertising signs; it is well-recognized that the unique nature
of outdoor advertising and the nuisances fostered by billboard signs justify the separate
classification of such structures for the purposes of governmental regulation and restrictions [see
E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1153 (5th Cir. 1970), cert.
denied, 400 U.S. 878, 91 S.C. 12, 27 L. Ed. 2d 35 (1970), quoting United Advertising Corp. v.
Borough of Raritan, 11 N.J. 144, 93 A.2d 362, 365 (1952)].
92. A prohibition on the erection of off-site outdoor advertising signs will reduce the
number of driver distractions and the number of aesthetic eyesores along the roadways and
highways of the City [see, e.g., E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d
1141, 1154 (5th Cir. 1970), cert. denied, 400 U.S. 878 (1970)].
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 12
93. Billboard signs are public nuisances given their adverse impact on both traffic
safety and aesthetics.
94. Billboards are a traffic hazard and impair the beauty of the surrounding area, and
the prohibition of the construction of billboards will reduce these harms [see Outdoor Systems,
Inc. v. City of Lenexa, 67 F.Supp.2d 1231, 1239 (D. Kan. 1999)].
95. The presence of billboards along the federal interstate and the federal-aid primary
highway systems has prevented public property in other jurisdictions from being used for
beautification purposes due to view zones established by state administrative rule.
96. Scenic America, Inc. recommends improvements in the scenic character of a
community's landscape and appearance by prohibiting the construction of billboards, and by
setting height, size and other standards for on-premise signs [see Scenic America's Seven
Principles for Scenic Conservation, Principle#5].
97. More than three hundred Florida communities have adopted ordinances
prohibiting the construction of billboards in their communities in order to achieve aesthetic,
beautification,traffic safety, and/or other related goals.
98. In order to preserve, protect and promote the safety and general welfare of the
residents of the City, it is necessary to regulate off-site advertising signs, commonly known as
billboard signs or billboards, so as to prohibit the construction of billboards in all zoning
districts,and to provide that the foregoing provisions shall be severable.
99. The continued prohibition of billboards will improve the beauty of the City of
Jacksonville Beach, foster overall improvement to the aesthetic and visual appearance of the
City, preserve and open up areas for beautification on public property adjoining the public
roadways, increase the visibility, readability and/or effectiveness of on-site signs by reducing
and/or diminishing the visual clutter of off-site signs, enhance the City as an attractive place to
live and/or work, reduce blighting influences, and improve traffic safety by reducing driver
distractions.
100. The City of Jacksonville Beach wishes to assure that new billboards are
effectively prohibited as a sign-type within the City.
101. Anything beside the road which tends to distract the driver of a motor vehicle
directly affects traffic safety, and signs, which divert the attention of the driver and occupants of
motor vehicles from the highway to objects away from it, may reasonably be found to increase
the danger of accidents.
102. Seven Justices held views in Metromedia, as expressly recognized in the later
Supreme Court decisions in Taxpayers for Vincent and Discovery Network, and in more than a
dozen published Circuit Court of Appeal decisions following Metromedia, on the permissible
distinction between onsite signs and offsite signs-when it comes to government's substantial
interest in prohibiting the latter sign type (the offsite sign), including: Major Media of the
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 13
Southeast, Inc. v. City of Raleigh, 792 F.2d 1269, 1272 (4th Cir. 1986); Georgia Outdoor
Advertising, Inc. v. City of Waynesville, 833 F.2d 43, 45-46 (4th Cir. 1987); Naegele Outdoor
Adver., Inc. v. City of Durham, 844 F.2d 172, 173-174 (4th Cir. 1988); Nat'l Adver. Co. v. City
and County of Denver, 912 F.2d 405, 408-411 (10th Cir. 1990); Nat'l Adver. Co. v. Town of
Niagara, 942 F.2d 145, 157-158 (2nd Cir. 1991); Outdoor Systems, Inc. v. City of Mesa, 997
F.2d 604, 610-612 (9th Cir. 1993); Outdoor Graphics, Inc. v. City of Burlington, Iowa, 103 F.3d
690, 695 (8th Cir. 1996); Ackerley Communications of Northwest v. Krochalis, 108 F.3d 1095,
1099 (9th Cir. 1997);Southlake Property Associates, Ltd. v. City of Morrow, Ga., 112 F.3d 1114,
1117.1119 (11th Cir. 1997), cert. denied, 525 U.S. 820 (1998); Bad Frog Brewery, Inc. v. New
York State Liquor Authority, 134 F.3d 87, 99 (2nd Cir. 1998); Lavey v. City of Two Rivers, 171
F.3d 1110, 1114-1115 (7th Cir. 1999); Long Island Bd. of Realtors, Inc. v. Incorp. Village of
Massapequa Park, 277 F.3d 622, 627 (2nd Cir. 2002); Clear Channel Outdoor, Inc. v. City of
Los Angeles, 340 F.3d 810, 814-816 (9th 2003); Riel v. City of Bradford, 485 F.3d 736, 753 (3rd
Cir. 2007); Naser Jewelers, Inc. v. City of Concord, N.H., 513 F.3d 27, 36 (1st Cir. 2008); and
RTM Media, L.L.C. v. City of Houston, 584 F.3d 220, 225 (5th Cir. 2009).
103. The distinction between the location of off-premises signs and on-premises signs
is a time, place and manner regulation, as recognized in 1978 in Suffolk Outdoor by the U.S.
Supreme Court [over the objection of Justices Blackmun and Powell] where the Court denied
review of the underlying decision for the want of a substantial federal question. The denial on
this basis was a decision on the merits, wherein the decision was framed by the petitioner's
jurisdictional statement which presented its first question as to whether a total ban on billboards
within an entire municipality was constitutional, claiming that this disparate treatment of off-
premises billboards from on premises accessory signs was a violation of the First Amendment.
104. The action by the U.S. Supreme Court in Suffolk Outdoor was significant as a
merits-based decision that recognized that it is constitutionally permissible to distinguish
between on-site signs and off-site signs (Billboards) for regulatory purposes, and to ban the
latter, and that this merits-based decision has never been overturned.
105. Consistent with the foregoing paragraphs, the business of outdoor advertising
should be a prohibited use in each of the City's zoning districts and in all City's zoning districts.
106. It is appropriate to prohibit discontinued signs and/or sign structures because the
same visually degrade the community character and are inconsistent with the general principles
and purposes expressed in Exhibit A to proposed Ordinance No. 2015-8065.
107. Under state law, which may be more permissive than local law, a nonconforming
sign is deemed "discontinued" when it is not operated and maintained for a set period of time,
and the following conditions under Chapter 14-10, Florida Administrative Code, shall be
considered failure to operate and maintain the sign so as to render it a discontinued sign: (1)
signs displaying only an"available for lease" or similar message; (2) signs displaying advertising
for a product or service which is no longer available; or (3) signs which are blank or do not
identify a particular product, service, or facility.
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 14
108. Under the current definitions applicable to the current sign standards, signs or
sign structures are considered abandoned or discontinued signs or sign structures with or without
intent when the owner fails to operate or maintain a sign for a period of sixty (60) days or longer
and the definition for the same lists the criteria that shall be considered as the failure to operate
or maintain a sign.
109. If the City of Jacksonville Beach wishes to extend that sixty (60) day period to a
longer period of time, the intent of the owner should not be a consideration in whether or not a
sign meets the definition of a discontinued sign.
110. It is appropriate to specify that in addition to land development regulations
identified in Exhibit A to proposed Ordinance No. 2015-8065, signs shall comply with all
applicable building and electrical code requirements.
111. The City has allowed noncommercial speech to appear wherever commercial
speech appears; and the City desires to continue that practice by including a specific substitution
clause that expressly allows non-commercial messages to be substituted for commercial
messages.
112. By confirming in its ordinance that noncommercial messages are allowed
wherever commercial messages are permitted, the City will continue to overcome any
constitutional objection that its ordinance impermissibly favors commercial speech over
noncommercial speech [see Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1236-
1237 (D. Kan. 1999)].
113. The district court in Granite State Outdoor Advertising, Inc. v. City of
Jacksonville Beach, Fla. (Granite-Clearwater), 213 F.Supp.2d 1312 (M.D.F1a. 2002), aff'd in
part and rev'd in part on other grounds, 351 F.3d 1112 (11th Cir. 2003), cert. denied, 543 U.S.
813 (2004), cited the severability provisions of both Section 1-107 of that city's Code and that
city's Development Code, Ord. No. 6348-99, § 4 (January 21, 1999), as a basis for severing
isolated portions of Article 3 of that city's Land Development Code [see Granite-Clearwater at
1326, n.22].
114. The City of Jacksonville Beach Land Development Code's severability clause
was adopted with the intent of upholding and sustaining as much of the City's regulations,
including its sign regulations, as possible in the event that any portion thereof (including any
section, sentence, clause or phrase) be held invalid or unconstitutional by any court of competent
jurisdiction.
115. There have been several judicial decisions where courts have not given full effect
to severability clauses that applied to sign regulations and where the courts have expressed
uncertainty over whether the legislative body intended that severability would apply to certain
factual situations despite the presumption that would ordinarily flow from the presence of a
severability clause.
II�
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 15
116. The City of Jacksonville Beach has allowed noncommercial speech to appear
wherever commercial speech appears, as per current Sec. 34-454 (Substitution of non-
commercial speech for commercial speech) of the current LCD; and the City should continue
that practice through continuing with a specific inclusion of a substitution clause that expressly
allows non-commercial messages to be substituted for commercial messages.
117. It is appropriate that there be an ample record of the City of Jacksonville Beach's
intention that the presence of a severability clause in connection with the City's sign regulations
be applied to the maximum extent possible, even if less speech would result from a
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever.
118. It is appropriate that the City of Jacksonville Beach's prohibition on billboards
continue in effect regardless of the invalidity or unconstitutionality of any, or even all, other
provisions of the City's sign regulations, other ordinance code provisions, or other laws, for any
reason(s)whatsoever.
119. It is appropriate that there be an ample record that the City of Jacksonville Beach
intends that the height and size limitations on free-standing and other signs continue in effect
regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the
City's sign regulations, other ordinance code provisions, or other laws, for any reason(s)
whatsoever.
120. It is appropriate that there be an ample record that City of Jacksonville Beach's
intends that each prohibited sign-type continue in effect regardless of the invalidity or
unconstitutionality of any, or even all, other provisions of the City's sign regulations, other
ordinance code provisions, or other laws, for any reason(s)whatsoever.
121. There have been billboard developers who have mounted legal challenges to a
sign ordinance, either in its entirety or as to some lesser portion, and argued that there existed a
vested right to erect a billboard through the mere submission of one or more prior permit
applications, so that in the event that the billboard developer is successful in obtaining a judicial
decision that the entirety or some lesser portion of a sign ordinance or its permitting provisions is
invalid or unconstitutional, the billboard developer might then seek to compel the local
governmental unit to issue a permit to allow the billboard developer to erect a permanent
billboard structure within the local government's jurisdiction.
122. It is appropriate that the City of Jacksonville Beach make clear that billboards are
not a compatible land use within the City and that there can be no good faith reliance by any
prospective billboard developer under Florida vested rights law in connection with the
prospective erection or construction of new or additional billboards within the jurisdictional
limits of the City.
123. It is appropriate that the City of Jacksonville Beach allow for the display of
allowable temporary signage without any prior restraint or permit requirement.
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 16
124. It is appropriate that the City of Jacksonville Beach prohibit direct illumination of
the surface of any temporary sign, but that such prohibition not be construed to constrain the
general illumination of flags and flagpoles unless otherwise expressly prohibited.
125. There have been instances in Florida and elsewhere involving claims of prior
restraint of free speech in the sign application process where a local government has no record of
having actually received completed applications for permanent sign structures, and this is a
concern for local governments that wish to avoid unconstitutional prior restraint of speech but
still accommodate and ensure an applicant may secure a timely decision in circumstances where
there is doubt as to whether an application has ever been received or perhaps misplaced or lost or
inadvertently destroyed. For example, in August 2004, in a complaint and request for injunctive
relief filed in KH Outdoor, LLC and Morgan Hudgens v. Town of Orange Park, FL, Case No.
3:04-cv-751-J-32 MCR, KH Outdoor alleged that it had submitted six (6) sign applications in
December 2003 to the Town and that eight (8) months had passed with no official decision, that
the Town of Orange Park's sign regulations failed to provide procedural safeguards to require a
timely decision, and that the Town should be ordered to permit KH Outdoor to erect the signs
due to the lack of procedural safeguards. The Town of Orange Park could not find any of the six
applications in their possession, but there was no official who could categorically deny the
allegation that the six applications had in fact been delivered to the Town of Orange Park leaving
open the possibility that the applications had been misplaced or lost or destroyed. It later came
to light that the six (6) sign applications may have still been in the possession of the billboard
developer's agent. This case demonstrates the possibility that a purported applicant may seek to
take advantage of a local government by claiming to have delivered sign permit applications and
then seeking legal redress and a court order directing the erection of permanent sign structures
under the theory that there has been an unconstitutional prior restraint of free speech.
126. In Covenant Media of South Carolina, LLC v. City of North Charleston, 493 F.3d
421 (4th Cir. 2007), the U.S. Fourth Circuit Court of Appeals addressed similar allegations
involving a failure to timely act upon a sign permit application after it had purportedly been
delivered to the municipality. Unable to contradict the assertion that the application had been
delivered, the city took the position that the same was lost or misplaced. The applicant, however,
delayed nine months before providing the city with a copy of the application and the same was
then acted upon within three weeks after the copy was finally delivered to the city. Given the
circumstances, the appellate court declined to find that the failure to act upon the purported
application rose to a violation of First Amendment rights. However, like the KH Outdoor lawsuit
against the Town of Orange Park, the Covenant Media lawsuit demonstrated the opportunity to
potentially fabricate a prior restraint claim or, alternatively, to weave a constitutional claim out
of the presumed negligence in the handling of sign permit applications where there is an inability
to disprove the assertion of the delivery of a sign permit application into the hands of a
government official.
127. In Covenant Media,the Fourth Circuit observed:
North Charleston does not dispute that it received Covenant's December 2004
Application. Instead, North Charleston asserts through a declaration from its city
attorney that the December 2004 Application was "lost or misplaced." (J.A. at
203.) Prior to filing the lawsuit, Covenant never contacted the City to inquire
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 17
about the status of its application. After Covenant filed this lawsuit, North
Charleston requested a copy of the December 2004 Application, but Covenant did
not provide the City with a copy of the application until September 21, 2005.
Once the City received the copy, it acted on the application approximately three
weeks later, notifying Covenant on October 14, 2005, that the application was
unapprovable because it violated the 1000 foot spacing requirement.
If Covenant had called, written, or emailed the City to inquire about the
status of the December 2004 Application and the City still refused to
respond, such refusal may have established that the City intentionally
refused to act on the application or was deliberately indifferent to the
consequence of having a Sign Regulation that lacked procedural safeguards.
Instead, Covenant is attempting to make a constitutional claim against the City for
negligent handling of the December 2004 Application. The City and its
employees may have failed to take reasonable care in ensuring that Covenant's
December 2004 Application was not lost, but such negligence does not amount to
an intent to violate Covenant's First Amendment rights. To hold that negligent
handling of the application amounts to a constitutional violation by the City
would only trivialize the fundamental rights the First Amendment was meant to
protect. We therefore conclude that Covenant's as applied challenge to the Sign
Regulation fails.
493 F.3d at 435-436 (emphasis added).
128. There have been reported instances of persons claiming under oath to have
submitted applications to local governments but with no record of those applications ever having
been delivered or left with the local government for processing, followed by claims that the local
government had then failed to act on the purported applications for an inordinate length of time
and had thereby infringed upon the constitutional rights of the applicant.
129. Local governments are vulnerable to schemes whereby false assertions are made
as to the delivery or submission of sign permit applications when in fact such applications were
never submitted or left with city officials and claims of unconstitutional failures to timely act
upon the applications are then made so as to obtain permits that could otherwise not be granted.
130. It is appropriate that when an application for a permanent sign is deemed denied
that the applicant shall have an avenue to immediately request in writing, via certified mail, to
the City a written explanation as to why the application was not approved and the City shall
promptly respond in writing and provide the reason(s) the application was not approved.
131. It is appropriate that an applicant for a permanent sign who is aggrieved by the
decision of the director of planning and development upon a sign permit application, or
aggrieved by any failure by the director of planning and development or by any other city official
to act upon a sign permit application in accordance with the Land Development Code, shall have
the right to seek judicial review by the Circuit Court of the Fourth Judicial Circuit in and for
The Honorable Mayor William C. Latham, et al.
November 20, 2015
Page 18
Duval County, Florida, or by any other court of competent jurisdiction, filed in accordance with
the requirements of law, seeking such appropriate remedy as may be available.
132. The "deemed denial" of applications after the passage of a set amount of time
after their purported submission dates protects local governments from schemes to obtain
ineligible permits, and is a fair resolution when balanced by the right of an applicant to submit a
request to the local government, via certified mail, for an explanation for lack of action on a
purported application and for the reason(s) for the lack of approval so as to ensure that the local
government has the opportunity to act on an application, if no application had initially been
submitted or had been misplaced or lost.
133. The foregoing opportunity for an applicant to make such request, via certified
mail, provides an additional chance to secure an explanation of the reason(s) for no approval
within a defined and short period of time and also aids in the protection of the applicant's rights,
especially when combined with access by the applicant to a judicial remedy for no response to
such a request. An applicant shall have access to prompt judicial relief under the circumstances
where an applicant's sign permit application is either denied, deemed denied or not approved in a
timely manner, as set forth in the City's sign permitting regulations, and acknowledges that the
display of temporary signs in compliance with the City's sign standards and regulations is not
subject to any permitting whatsoever.
134. It is appropriate that there shall be no criminal penalties for a violation of Division
IV of the City of Jacksonville Beach's Land Development Code, and that any penalty for a
violation of Division IV be limited to a civil penalty only.
135. There is a need to update and revise the definitions in the current Land
Development Code (LDC) as they relate to signs and to update and revise other definitions in the
LDC.
136. The updated and revised definitions in proposed Ordinance No. 2015-8064 are in
compliance with all constitutional and other legal requirements.
137. The updated and revised definitions in proposed Ordinance No. 2015-8064 are
consistent with all applicable policies of the City's adopted 2030 Comprehensive Plan.
138. The updated and revised definitions in proposed Ordinance No. 2015-8064 are not
in conflict with the public interest.
139. The definitions in the City's current Land Development Code need to be deleted,
revised or added in light of the recent decision in Reed.
Ri
espec ,
William D. Brinton
c: Susan S. Erdelyi,Esq., City Attorney
JACKSONVILLE DEPARTMENT OF PLANNING & DEVELOPMENT
BEACH
City of Memorandum
Jacksonville Beach
City Hal! To: George Forbes, City Manager
William Brinton, Attorney
,4/1
11 North Third Street
From: William C. Mann, Planning and Development Director
Jacksonville Beach
FL 32250 Date: November 20, 2015
Phone:904.247.6231 Re: Amendments to Land Development Code Sign regulations
Fax 904.247.6107
Planning@jaxbchfl.net I have been involved in the preparation of proposed Ordinance No. 2015-8064
and proposed Ordinance No. 2015-8065. Based upon my background and over
thirty years' experience as a professional planner(Professional Resume
www.jacksonvillebeach.org attached) with knowledge of this community as its Planning and Development
Director, I submit the following points for consideration in the preparation and
consideration of these ordinances:
As a result of the decision in Reed v. Town of Gilbert, Ariz., — U.S. —,
135 S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015), it is appropriate and necessary
for local governments to review and analyze their sign standards and regulations,
beginning with their temporary sign standards and regulations, so as to make the
necessary changes to conform with the holding in the Reed decision.
The City of Jacksonville Beach is a resort community on the east coast of
the state with several miles of beaches on the Atlantic Ocean and this city has an
economic base which relies heavily on tourism.
In order to preserve the City of Jacksonville Beach as a desirable
community in which to live, vacation and do business, a pleasing, visually-
attractive urban environment is of foremost importance.
The regulation of signs within the City of Jacksonville Beach is a highly
contributive means by which to achieve the desired end, as described above,
and the sign standards and regulations in proposed Ordinance No. 2015-8064
and proposed Ordinance No. 2015-8065 have been prepared with the intent of
enhancing the urban environment and promoting the continued well-being of the
City of Jacksonville Beach.
The enhancement of the visual environment of the City of Jacksonville
Beach is critical to the community's image and its continued presence as a tourist
destination.
iii Sign control principles set forth in the preambles of proposed Ordinance
No. 2015-8065 and in Exhibit A thereto create a sense of character and
ambiance that distinguishes the City of Jacksonville Beach as one with a
commitment to maintaining and improving an attractive environment.
The beauty of the City of Jacksonville Beach along with its natural and
built environment have provided the foundation for the economic base of the
City's development, and the City's sign regulations not only help create an
attractive residential community for its residents, but also bolster the City's image
as a tourist destination.
The City of Jacksonville Beach's goals, objectives and policies from
planning documents, developed over the years, demonstrate a strong, long-term
commitment to maintaining and improving the City's attractive and visual
environment.
From a planning perspective, one of the most important community goals
is to define and protect aesthetic resources and community character.
From a planning perspective, sign regulations are especially important to
counties with a tourist-based economy, and sign control can create a sense of
character and ambiance that distinguishes one community from another.
Preserving and reinforcing the uniqueness of a tourist community like the
City of Jacksonville Beach attracts tourists and, more importantly, establishes a
permanent residential and commercial base to ensure the future viability of the
community.
The purpose of the regulation of signs as set forth in Exhibit A to
proposed Ordinance No. 2015-8065 is to promote the public health, safety and
general welfare through a comprehensive system of reasonable, consistent and
nondiscriminatory sign standards and requirements.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to enable the identification of places of residence and
business.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to allow for the communication of information necessary
for the conduct of commerce.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to lessen hazardous situations, confusion and visual
clutter caused by proliferation, improper placement, illumination, animation and
excessive height, area and bulk of signs which compete for the attention of
pedestrian and vehicular traffic.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to enhance the attractiveness and economic well-being
of the city as a place to live, vacation and conduct business.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to protect the public from the dangers of unsafe signs.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to permit signs that are compatible with their
surroundings and aid orientation, and to preclude placement of signs in a manner
that conceals or obstructs adjacent land uses or signs.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to encourage signs that are appropriate to the zoning
district in which they are located and consistent with the category of use to which
they pertain.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to curtail the size and number of signs and sign
messages to the minimum reasonably necessary to identify a residential or
; business location and the nature of any such business.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to establish sign size in relationship to the scale of the
lot and building on which the sign is to be placed or to which it pertains.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to preclude signs from conflicting with the principal
permitted use of the site or adjoining sites.
The sign regulations as set forth in Exhibit A to proposed Ordinance No.
2015-8065 are intended to regulate signs in a manner so as to not interfere with,
obstruct vision of or distract motorists, bicyclists or pedestrians.
Your consideration of this information as the referenced ordinances are reviewed
and presented for adoption by the Jacksonville Beach City Council is greatly
appreciated.
WILLIAM W. C. MANN, Ill
Summary
Dedicated professional city planner with over thirty-one years of experience in local government comprehensive plan
and zoning regulation preparation and administration, residential, commercial and institutional development, DRI
administration. Possess strong interpersonal and analytic skills. American Institute of Certified Planners(AICP)
certified, July 1,1991.
Highlights
• Local government background • Citizen engagement
• Community development/redevelopment • Excellent writer and editor
• Inter-governmental and legislative relations • Public speaking
• Analytical thinker • Public Policy development
• Computer and GIS aptitude
Accomplishments
• Jacksonville Beach 2030 Comprehensive Plan preparation and approval.
• Defacto floodplain manager for the City since 1994, achieving a three class upgrade for City from CRS
Class 9 to Class 6, resulting in significant savings in property owner flood insurance premiums.
• Cradle Creek Preserve public park grant securance, RFP, project design, construction management
and supervision.
IN "Duval Prepares" (Local Mitigation Strategy)Advisory Committee charter member
• NAS Jacksonville, Complex Master Plan
• NAS Bermuda, Base Master Plan
• Destin Harbor Management Plan
• Soutel Drive Corridor Transportation Planning Study, J i A
Experience
Director, 0412015 to Present
Planning and Development Department Jacksonville Beach, FL
Zoning, comprehensive plan, and community redevelopment program administration, staff support to City Manager,
Supervision of budget and staff of eight employees in Planning, Building Inspection, and Code Enforcement Divisions.
Senior Planner, CRS Coordinator 0811994 to 0312015
Planning and Development Department Jacksonville Beach, FL
Zoning and comprehensive plan administration, Development Plan review, subdivision review, Planning
Commission administration and staff supervision (over 300 meeting, 690 total agenda items), variance application
review, home occupation license review, zoning and landscape inspections, CRA Annual Report preparation, DRI
Annual Monitoring Report preparation and Development Order recension, monthly departmental report
preparation, U.S. Census liaison, and various direct support tasks to City Manager and Planning Director.
Experience (cont.)
Senior Planner, Project Manager 07/1984 to 07/1994
Landers-Atkins Planners, Inc. Jacksonville, FL
DRI preparation, local government comprehensive plan and evaluation and appraisal report preparation, military
installation master plan and capital improvements plan preparation, expert witness testimony, transportation studies,
landscape and sign code drafting, site alternatives studies, project management and team supervision, public hearing
testimony.
Education
Bachelor of Arts: Urban Affairs/Planning 1982
Virginia Polytechnic Institute& State University, Blacksburg,VA
(transcripts available upon request)
,November 148 2015 :Font:11.5 pt
Introduced by:
First Reading:
Second rReading:
I AS AMENDED • (Fonnattech Font=11.5 pt,Boll,Underline
Formatted:Le t
ORDINANCE NO.2015-8064
AN ORDINANCE RELATING TO THE DEFINITIONS USED IN ARTICLE IV, LAND
DEVELOPMENT CODE OF THE CITY OF JACKSONVILLE BEACH, FLORIDA;
ADDING CERTAIN DEFINITIONS, AMENDING CERTAIN DEFINITIONS, AND
REPEALING OTHER DEFINITIONS; PROVIDING THAT LANGUAGE STRUCK
THROUGH INDICATES DELETIONS, AND LANGUAGE UNDERLINED INDICATES
ADDITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the City Council of the City of Jacksonville Beach has determined the need to
update and revise the definitions as they relate to signs in its Land Development Code,and to update
and revise other definitions in its Land Development Code;
WHEREAS, the City Council wishes to ensure that the definitions in the City's Land
Development Code as they relate to signs are in compliance with all constitutional and other Iegal
requirements;
WHEREAS, the City of Jacksonville Beach finds and determines that the updated and
revised definitions herein are consistent with all applicable policies of the City's adopted 2030
Comprehensive Plan;
WHEREAS, the City of Jacksonville Beach finds and determines that the updated and
revised definitions herein are not in conflict with the public interest;
WHEREAS. the City of Jacksonville Beach finds and determines that the Land
Development Code's severability clause was adopted with the intent of upholding and sustaining.
as much of the City's regulations, including its sign regulations,as possible in the event that ally
Ordinance No.2015-8064 Page 1
portion thereof (including any section, sentence, clause or phrase) be held invalid or
unconstitutional by any court of competent jurisdiction;
WHEREAS,the City of Jacksonville Beach finds and determines that under Florida law,
whenever a portion of a statute or ordinance is declared unconstitutional,the remainder of the act
will be permitted to stand provided(1)the unconstitutional provisions can be separated from the
remaining valid provisions,(2)the legislative purpose expressed in the valid provisions can be
accomplished independently of those which are void,(3)the good and the bad features are not so
inseparable in substance that it can be said that the legislative body would have passed the one
without the other,and(4)an act complete in itself remains after the valid provisions are stricken
Pee,e.g., Walcfi-up v.Dugger,562 So.2d 687(Fla.19901];
WHEREAS,the City of Jacksonville Beach finds and determines that there have been
several judicial decisions where courts have not given full effect to severability clauses that
applied to sign regulations and where the courts have expressed uncertainty over whether the
legislative body intended that severability would apply to certain factual situations despite the
presumption that would ordinarily flow from the presence of a severability clause;
WHEREAS,the City of Jacksonville Beach finds and determines that the failure of some
courts to uphold severability clauses has led to an increase in litigation seeking to strike down
sign ordinances in their entirety so as to argue that the developers' applications to erect
prohibited sign types,such as billboards,must be granted;
WHEREAS, the City of Jacksonville Beach finds and determines that the City has
consistently adopted and enacted severability provisions in connection with its ordinance code
provisions,and that the City of Jacksonville Beach wishes to ensure that severability provisions
apply to its land development regulations,including its sign regulations;
Ordinance No.2015-8064 Page 2
WHEREAS,the City of Jacksonville Beach finds and determines that there be an ample
record of its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the maximum extent possible, even if less speech would result from a
determination that an exceptions limitations. variances or other Irovisions are invalid or
unconstitutional for any reason whatsoever;and
WHEREAS, the City of Jacksonville Beach recognizes that definitions in the City's
Land Development Code need to be deleted, revised or added in light of the recent decision in
Reedy. Town of Gilbert,Aria..—U.S.—, 135 S.Ct.2218,2221, 192 L. Ed.2d 236(20l 51
NOW,THEREFORE,BE IT ORDAINED BY Tom.;Ci CO; rNCIL THE CITY
OF JACKSONVILLE BEACH,FLORIDA:
SECTION 1. That Article IV, Definitions, of the Land Development Code of the
Jacksonville Beach City Code of Ordinances is amended to add the following underlined language,
and repeal the following struck through language:
Article IV. Definitions.
Terms in the LDC shall have the following definitions.
Abandoned sign means a sign that is not operated or maintained for a period of one hundred
eighty(180)calendar days or longer.The following conditions shall be considered as the failure
to operate or maintain a sign:(1)the sign displays advertising for a product or service which is
no longer available,(2)the sign displays advertising for a business which is no longer licensed,
or(3)the sign is blank.An abandoned sign includes a sign on which is advertised a business that
no longer has a certificate of occupancy or that is no longer doing business on the parcel where
the sign is located.An abandoned sign includes a sign for a purpose for which the purpose has
lapsed.If the abandoned sign is on a freestanding sign structure conforming with the city's Land
Development Code(LDC)and in compliance with the Florida Building Code,then only the sign
face shall be considered abandoned and only the sign face shall be removed.Any replacement
sign face must comply with the city's LDC. However,if the abandoned sign is on a freestanding
sign structure that is nonconforming with the City's LDC,then both the sign face and the sign
structure shall be removed.
-; -
Z''' `: 2 _ . . : . . ,.s the failure*c operate of
maintain a sign:(1)a sign displaying advertising for a product or service which is no longer
Ordinance No.2015-8064 Page 3
conforming sign that is in compliance with the Florida Building Code and the Land Developmc t
Accessory building means a building which is detached from the main building on the lot and the
use of which is subordinate or incidental to that of the main building.For residential districts and
land uses,any structure containing a dwelling unit or units shall be considered a principal
structure.
Accessory use means a use incidental and subordinate to the principal use of a lot or building
located upon the same lot.
Addition(to an existing building)means any walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common load-bearing wall other than a fire
wall.Any walled and roofed addition which is connected by a fire wall or is separated by
independent perimeter load-bearing walls is new construction.
Adequate public facilities means compliance with Article X,Adequate Public Facility Standards.
Adjacent landowner means an owner of land sharing a boundary with another parcel of land.For
purposes of the LDC,an intervening road,right-of-way,easement or canal shall not destroy the
adjacency of the two(2)parcels.
Administration commission means the governor and the cabinet.
Adult day care services means any building,whether operated for profit or not,which undertakes
through its ownership or management to provide,for a part of a twenty-four(24)-hour day,the
basic services which may include but are not limited to providing a protective setting,social
activities,leisure-time activities,self-care training,rest,and nutritional services,to three(3)or
more adults,not related to the owner/operator by blood or marriage,who require such services.
Advertising means any commercial sign copy intended to aid,directly or indirectly,in the sale,
use or promotion of a product,commodity,service,sales event,activity,entertainment,of er real
or personal property.
Affected person means persons owning property,residing,or owning or operating a business
within the City of Jacksonville Beach,and local governments adjoining Jacksonville Beach that
can demonstrate that an amendment of the comprehensive plan as proposed would produce
substantial impacts on the increased need for publicly funded infrastructure or substantial
impacts on areas designated for protection or special treatment within their jurisdiction.Each
person,other than an adjoining local government,in order to qualify under this definition,shall
also have submitted oral or written objections during Jacksonville Beach's consideration of a
comprehensive plan amendment.
Ordinance No.2015-S064 Page 4
Affidavit attesting to subsequent receipt of certificate of public facilities reservation means an
affidavit signed by the applicant that defers the application for a certificate of public facilities
reservation until receipt of a fmal development order for the proposed development,
acknowledging that future rights to develop the land are subject to the receipt of a certificate of
public facilities reservation and acknowledging that no vested rights are granted by the City of
Jacksonville Beach,or acquired by the applicant as it relates to the adequate public facilities
standards of Article X,Adequate Public Facility Standards.
Aggrieved or adversely affected person means any person or local government which will suffer
an adverse effect to an interest protected or furthered by the comprehensive plan,including
interests related to health and safety,police and fire protection systems,densities or intensities of
development,transportation facilities,health care facilities,equipment or services,or
environmental or natural resources.The alleged adverse effect may be shared in common with
other members of the community at large,but shall exceed in degree the general interest in
common good shared by all persons.
Alcoholic beverage establishment means any establishment devoted primarily to the sale of
alcoholic beverages for consumption on or off-premises,which is licensed by the State of Florida
to dispense or sell alcoholic beverages.
Alley means a roadway dedicated to public use or an approved private way,which affords only a
secondary means of access to abutting property that is not intended for general traffic circulation.
Alteration means any change or rearrangement in the supporting members of an existing
building,such as bearing walls,columns,beams,girders,or interior partitions,as well as any
change in doors or windows,or any enlargement to or diminution of a building or structure,
whether horizontally or vertically,or moving of a building or structure from one location to
another.In the case of a sign,alteration shall include any change of copy,color,size,shape,
illumination,position,construction,or supporting structure.
Animated sign means a sign which includes action,motion,or color changes,or the optical
illusion of action,motion,or color changes,including signs using electronic ink,signs set in
motion by movement of the atmosphere,or made up of a series of sections that turn,including
any type of screen using animated or scrolling displays,such as an LED(light emitting diode)
screen or any other type of video display.
Apartment sign reans a sign identifying un apartment project or building.
Application for development permit means an application submitted to the City of Jacksonville
Beach requesting the approval of a development permit.
Approved street means any local street,constructed according to the specifications in Article IX,
Subdivision Standards,and accepted by resolution of the City Council of the City of Jacksonville
Beach for maintenance purposes.
Aquifer means a groundwater bearing geologic formation,or formations,that contain enough
saturated permeable material to yield significant quantities of water.
Ordinance No.2015-S064 Page 5
Architectural detail or embellishment means any projection,relief,change of material,window
or door opening,exterior lighting,inlay,or other exterior building features not specifically
classified as a sign.The term includes,but is not limited to,relief or inlay features or patterns
that distinguish window or door openings,exterior lighting that frames building features,and
changes in facade materials to create an architectural effect.
Area of shallow flooding means a designated AO or AH Zone on the Jacksonville Beach Flood
Insurance Rate Map(FIRM)with base flood depths from one to three feet where a clearly
defined channel does not exist,where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.Such flooding is characterized by ponding or sheet
flow.
Area of sign means the square foot area within a continuous perimeter enclosing the extreme
limits of the sign display,including any frame or border.Curved,spherical,or any other shaped
sign face shall be computed on the basis of the actual surface area.In the case of painted wall
signs composed of letters,shapes,or figures,or skeleton letters mounted without a border,the
sign area shall be the area of the smallest rectangle or other geometric figure that would enclose
all of the letters,shapes and figures.The calculation for a double-faced sign shall be the area of
one face only.Double-faced signs shall be so constructed that the perimeter of both faces
coincide and are parallel and not more than twenty-four(24)inches apart.
Area of special flood hazard means the land in the floodplain within the city subject to a one(1)
percent or greater chance of flooding in any given year.
Artwork means a two-or three-dimensional representation of a creative idea that is expressed in
an art form u form and manner as to provide aesthetic enjoyment for the viewer rather than to
specifically but does not convey the name of the business or a commercial messageabout-the
products or services offered on the property upon which the artwork is displayed.If displayed as
a two-dimensional representation on a flat surface,the same shall not exceed one-quarter(I/4)of
the total surface area:however,if displayed on a flat surface oriented to a federal-aid primary
highway,the same shall not exceed one-half(1/2)of the total surface area.All outdoor artwork
shall conform to the maximum height restrictions in any particular zone in which it is located.
All outdoor artwork shall also conform to any applicable building code and safety standards. }}
Formatted:space Before: 6 pt,Mer: 6 Pt J
Attached sign means any sign attached to,on,or supported by any part of a building(e.g.,walls,
awning,windows,or canopy),which encloses or covers useable space. (Formatted:Not Highlight
Automobile wrecking yard('junkyard')means a lot or group of contiguous lots used for the
dismantling or wrecking of used motor vehicles or trailers,or the storage,sale,or dumping of
dismantled or wrecked vehicles or their parts.The presence on any lot or lots of two(2)or more
motor vehicles,which,for a period exceeding thirty(30)days,have not been capable of
operating under their own power and from which parts have been or are to be removed for reuse
or resale shall constitute prima facie evidence of an automobile wrecking yard.
Auxiliary dwelling unit means a one family dwelling unit subordinate in area to,and attached to a
structure containing a listed permitted or approved listed conditional use.Minimum floor area of
Ordinance No.2015-5064 Page 6
auxiliary dwelling unit is subject to section 34-340:Residential,multiple family:RM-2 standards
for multiple family dwellings.
Available school capacity means that portion of total public school capacity that remains
available for the development proposal after the following are subtracted:Current student
enrollment;those student stations reserved by a finding of available school capacity;and those
student stations reserved for exempt development.
Awning means any secondary covering attached to the exterior wall of a building.It is typically
composed of canvas woven of acrylic,cotton or polyester yarn,or vinyl laminated to polyester
fabric that is stretched tightly over a light structure of aluminum,iron or steel,or wood.
Awning sign or canopy sign means any sign that is a part of or printed,stamped,stitched or
otherwise applied onto a protective awning,canopy,or other fabric,plastic,or structural
protective cover over a door,entrance,window,or outdoor service area.A marquee is not a
canopy.
Bandit sign means the same as a snipe sign. See Snipe sign.an illegal commercial sign posted on
a utility pole,street sign,or other street furniture;or any other sign placed within a public right
board,plastic core,cardboard,wood,or plywood,including signs with wood or wire framing,
posts,or stakes.
Banner shall mean a temporary sign made of wind and weather resistant cloth or other
lightweight material,intended to hang either with or without frames or in some other manner as
not to be wind activated,and possessing characters,letters,illustrations,or ornamentations
applied to paper,plastic or fabric of any kind.Flags shall not be considered banners for the
purpose of this definition.
Banner, vertical streetlight means a temporary government sign made of wind and weather
resistant cloth or other lightweight material,displaying government speech and intended to be
hung in the public right-of-way from rods and brackets attached to a government-owned
streetlight pole.
Bar means any establishment which is devoted primarily to the retailing and on-premises
consumption of malt,vinous,distilled or other alcoholic beverages within an enclosed building
and which is licensed by the State of Florida to dispense or sell alcoholic beverages.A bar may
include a package liquor store on the same premises.The term"bar"is intended to include
lounges,nightclub,tavern,or other drinking places within its meaning.
Base flood means the flood having a one(1)percent chance of being equaled or exceeded in any
year.
Basement means any portion of a building having its floor sub-grade(below ground level)on all
sides.
Ordinance No.2015-5064 Page 7
Beacon sign means a stationary or revolving light which flashes or projects illumination,single
color or multicolored,in any manner which has the effect of attracting or diverting attention,
except,however,this term does not include any kind of lighting device which is required or
necessary under the safety regulations of the Federal Aviation Administration or other similar
governmental agency.This definition does not apply to any similar type of lighting device
contained entirely within a structure and which does not project light to the exterior of the
structure.
Bed and breakfast means a limited occupancy visitor accommodation facility consisting of a
residential building or group of residential buildings containing a total of not less than four(4)
and not greater than ten(10)guest rooms and a manager's residence,where visitor occupancy is
limited to a maximum of seven(7)consecutive days,where such lodging and a daily meal or
meals are provided for compensation,and said meals are served only to resident guests of the
inn.Bed and breakfast inns are limited to the adaptive conversion and reuse of,or reproductions
of,historically or architecturally unique residential structures,which are compatible with the
surrounding neighborhood.
establishment,an activity,a product,service or ertertainrrent,which is sold,produced,
sign is located.
Billboard means an advertising sign or other commercial sign which directs attention to a
business,commodity,service,entertainment,or attraction sold,offered or existing elsewhere
than upon the same lot where such sign is displayed.
Block means a parcel of land usually bounded on all sides by streets or other transportation
routes such as railroad lines,or by physical barriers such as water bodies or public open space,
and not traversed by a through street.
Board of adjustment means the Jacksonville Beach Board of Adjustment.
Boarding(lodging)house means a building other than a hotel,where rooms are rented and meals
may be provided for compensation.
Boutique shall mean any retail establishment selling clothing,specialty food goods,gifts,coffees
and antiques,located in a freestanding building not more than two(2)stories in height and not
containing more than two thousand(2,000)square feet on either floor.
Breakaway wall means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundation
system.
Building means a structure having a roof supported by columns or walls,that is designed or built
for support,enclosure,shelter or protection of any kind.
Ordinance No.2015-8064 Page 8
Building code means the Florida Building Code Chapter 7 of the Jacksonville Beach Code of
Building height means the vertical distance between the elevation of the crown of the road of the
nearest adjacent roadway at the center of the front of the building;and either the highest point of
the coping of a flat roof,the deck line of a mansard roof,or the mean height level between eaves
and ridge for hip,gable,and gambrel roofs.
Building line means a line across a parcel of land that is the distance a structure must be set back
from a lot boundary line,street center line or right-of-way,as defined in Art.VII,Zoning
Districts,for the zoning district in which the parcel is located.
Building official means the appointed individual in charge of the Building Division of the
Jacksonville Beach Planning and Development Department.
Building permit means a permit required by the Florida Building Code for the construction of or
addition to a structure,the installation of a mobile home,or a final development order for those
improvements to land not requiring building permits or permits for mobile home installation.
Building permits shall include those permits which allow the installation for location of a mobile
home or a recreational vehicle to a site or lot.
public body,which is erected on the same property as said institution for the purpose of
Bus stop informational sign means a freestanding or attached noncommercial government sign
erected by a public transit agency,which is located at an official bus stop and providing
information as to the route,hours or times of service.
Cabinet sign means a sign that contains all the text and/or logo symbols within a single enclosed
cabinet and may or may not be illuminated.
Canopy means an overhead roof or structure that is able to provide shade or shelter.
Capital improvement element("CIE')means the capital improvement element of the
comprehensive plan.
Carport means a roofed structure providing space for parking or storage of motor vehicles
enclosed on not more than three(3)sides.
CERCLA means the Comprehensive Environmental Response,Compensation and Liability Act
of 1980,as amended.
Certificate of public facilities reservation means a written determination,issued by the planning
and development director,verifying the current availability of a minimum level of road,potable
water,sanitary sewer,solid waste collection,stormwater management,and recreation and open
Ordinance No.2015-8064 Page 9
space facilities to serve the proposed project concurrent with the development of that project
pursuant to the requirements of Art.X,Adequate Public Facilities Standards.
Changeable copy sign means a sign with the capability of content change by means of manual or
remote input,including the following types:
(1)Manually activated.Changeable sign whose message copy can be changed manually on a
display surface.
(2)Electronically activated.Changeable sign whose message copy or content can be changed by
means of remote electrically energized on-off switching combinations of alphabetic or
pictographic components arranged on a display surface.Illumination may be integral to the
components,such as characterized by lamps or other light-emitting devices,or may be from an
external light source designed to reflect off of the changeable component display.See also
Electronic message sign.
Change of occupancy means a discontinuance of an existing use and the substitution therefor of a
use of a different kind or class.Change of occupancy is not intended to include a change of
tenants or proprietors unless accompanied by a change in the type of use.
Character means any symbol,mark,logo,or inscription.
Child day care services means an establishment,licensed by the HRS,which provides non-
resident day or night care for more than six(6)children on a fee basis.The term includes day
nurseries,day care centers,day care agencies,nursery schools,or play schools,but not foster
homes or community-based residential facilities.
City means the City of Jacksonville Beach.
City council means the City Council of the City of Jacksonville Beach,Florida.
Clinic, medical or dental means an establishment where patients,who are not lodged overnight,
are admitted for examination and treatment by one(1)person or a group of persons practicing
any form of medical care,whether such persons are medical doctors,chiropractors,osteopaths,
chiropodists,naturopath,optometrists,dentists or any such profession,the practice of which is
lawful in the State of Florida.
Cluster housing means a residential development pattern with structures arranged in closely
related groups such as around culs-de-sac,instead of spreading housing uniformly over a tract,
where the remainder of the land is commonly maintained open space.Control takes place
through zoning by density.
Coastal high hazard area means the area subject to high velocity waters caused by,but not
limited to,hurricane wave wash.The area is designated on a FIRM as Zone VE or V.
Coastal construction setback line means a line landward of the mean high water line at any
riparian coastal location fronting the Atlantic coast shoreline,exclusive of bays,inlets,rivers,
Ordinance No.2015-8064 Pacle 10
bayous,creeks,passes and the like.No construction in this area shall be allowed unless a permit
is obtained from the DEP.
Code enforcement board means the board appointed and vested with the authority to enforce
local codes and ordinances pursuant to F.S.Ch. 162.
Color means any distinct tint,hue or shade including white,black or gray.
establishments,typically by holding or wearing of insignia,masks,or costumes associated with
the commercial establishment.Commercial mascot includes sign twirlers,sign wavers,and sign
clowns,etc.
Commercial message means any sign wording,copy,logo,or other representation or image that
directly or indirectly names,advertises,or calls attention to a product,commodity,service,sale,
or sales event,activity,entertainment or other commercial activity.
Commercial vehicle means[means]any motor vehicle licensed by the state as a commercial
vehicle,any vehicle designed for a commercial or industrial function,or any vehicle marked with
commercial advertising.
Common ownership means a shared interest in real property by the same person or any persons
related by marriage or blood within an immediate family including parents,spouses,siblings and
children.
Community center means a building or land open to the public and used for recreational,social;
educational,and cultural activities,usually owned and operated by a public or nonprofit group or
agency.
Compatibility setback("buffer')means a strip of land used to visibly separate one(1)use from
another or to shield or block noise,light,or other nuisances.
Comprehensive plan means the Jacksonville Beach Comprehensive Plan,adopted pursuant to
F.S.§ 163.3161,et seq.,as amended.
Concurrency service area or CSA means the area within the corporate limits of the City of
Jacksonville Beach,Florida.
Conditional use means a use which is generally not compatible with the other land uses
permitted in a zoning district,but with individual review and control of its location,design,
configuration and intensity and density of use,buildings and structures,and the imposition of
conditions pertinent thereto in order to ensure the appropriateness of the use at a particular
location,may be permitted in the zoning district as a conditional use pursuant to the procedures
and standards of section 34-221,et seq.
Condominium means a building,or group of buildings,in which units are owned individually,
and the structure,common areas and facilities are owned by all of the owners on a proportional,
undivided basis.
Ordinance No.2015-8064 Page 11
Conservation protected land means all undeveloped estuarine wetland areas,any undeveloped
area within a fifty(50)foot strip upland of the designated estuarine wetland area,the sandy
portion of the beach,and any areas landward of the sandy beach designated by the Federal
Emergency Management Agency as lying within a V or velocity coastal hazard zone.
Conservation-restricted land means all designated palustrine or upland wetland areas and any
areas designated by the Federal Emergency Management Agency as lying within an A or special
flood hazard area.
Construction, actual or start includes substantial improvement and means the date the building
permit was issued,provided the actual start of construction,repair,reconstruction,or
improvement was within one hundred eighty(180)days of the permit date.The actual start
means the first placement of permanent construction of a structure(including a manufactured
home)on a site,such as the pouring of slabs or footings,installation of piles,construction of
columns,or any work beyond the stage of excavation or the placement of a manufactured home
on a foundation.Permanent construction does not include land preparation,such as clearing,
grading and filling,nor does it include the installation of streets and/or walkways,nor does it
include excavation for a basement,footings,piers or foundations or the erection of temporary
forms,nor does it include the installation on the property of accessory buildings,such as garages
or sheds not occupied as dwelling units or not part of the main structure.
_ .. .. . .. .. . �. _ .•.J:
which the-permit was issued,and containing sign copy that is limited to the ongoing construction
activity and identifying the contractor and/or any subcontractor en,aged to perform construction
activity on the site.
Contiguous means a sharing of a common border at more than a single point of intersection.
Cost per student station estimate means,for each type of public school facility,an estimate of the
cost of providing public school facilities for a public school student,as established in the school
district's work program."Cost per student station estimates"shall include all costs of providing
instructional and core capacity including land,design,buildings,equipment and furniture,and
site improvements.The cost of ancillary facilities that generally support the school district and
the capital costs associated with the transportation of students shall not be included in the cost
per student station estimate used for proportionate share mitigation.
Copy means the linguistic or graphic content of a sign.
Curb level means the permanently established elevation or grade of the curb top in front of a lot.
Current student enrollment means the number of students enrolled in all existing public school
facilities operated by the school district in a given school year.
D.C.A. or Department of Community Affairs means the Florida Department of Community
Affairs and its successor the Florida Department of Economic Opportunity.
D.E.P. means the Florida Department of Environmental Protection.
Ordinance Na 2015-8064 Page 12
Decoration means any decoration visible from a public area that does not include lettering or text
and is not displayed for commercial advertising.
Density means the number of dwelling units divided by the gross area of the land on which such
dwelling units are located.Where used in the LDC,density shall mean gross density.Gross
density includes all of the land within a particular area excluding nothing.
Developed area shall mean any platted or occupied section of the city abutting a public right-of-
day in which twenty-five(25)percent of the lots in a block or tract have been developed by the
building of a residential or commercial structure.
Developer means the legal or beneficial owner of any land included in a proposed development
including the holder of an option or contract to purchase,or other persons having enforceable
proprietary interests in such land,including a governmental agency undertaking any
development.
Development means the carrying out of any building activity or mining operation,the making of
any material change in the use or appearance of any structure or land or the dividing of land into
three(3)or more parcels.
(1)The following activities or uses shall be taken for the purposes of these regulations to involve
"development:"
a.A reconstruction,alteration of the size,or material change in the external appearance of a
structure on land or water.
b.A change in the intensity of use of land,such as an increase in the number of dwelling units in
a structure or on land or a material increase in the number of businesses,manufacturing
establishments,offices,or dwelling units in a structure or on land.
c.Alteration of a shore or bank of a seacoast,river,stream,lake,pond,or canal,including
"coastal construction"as defined in F.S.§ 16L021.
d.Commencement of drilling,except to obtain soil samples,mining,or excavation on a parcel of
land.
e.Demolition of a structure.
f.Clearing of land as an adjunct of construction.
g.Deposit of refuse,solid or liquid waste,or fill on a parcel of land.
(2)For the purpose of these regulations the following operations or uses shall not be taken to
involve"development:"
a.Work by a highway or road agency or railroad company for the maintenance or improvement
of a road or railroad track,if the work is carried out on land within the boundaries of the right-of-
way.
Ordinance No.2015-8064 Page 13
b.Work by any utility and other persons engaged in the distribution or transmission of gas or
water,for the purpose of inspecting,repairing,renewing,or constructing on established rights-
of-way any sewer mains,pipes,cables,utility tunnels,powerlines,towers,poles,tracts,or the
like.
c.Work for the maintenance,renewal,improvement,or alteration of any structure,if the work
affects only the interior or the color of the structure or the decoration of the exterior of the
structure.
d.The use of any structure or land devoted to dwelling units for any purpose customarily
incidental to enjoyment of the dwelling.
e.A change in use of land or structure from a use within a class specified in an ordinance or rule
to another use in the class.
f.A change in the ownership or form of ownership of any parcel or structure.
g.The creation or termination of rights of access,riparian rights,easements,covenants
concerning development of land,or other rights in land unless otherwise specifically required by
law.
Development agreement means an agreement entered into between the City of Jacksonville
Beach and a person associated with the development of land pursuant to F.S.§ 163.3220 or
380.06.
Development order means any order granting or granting with conditions an application for
development permit.
Development permit means an amendment to the official zoning atlas,a planned unit
development(PUD)zoning district classification,a redevelopment district(RD)zoning district
classification,a conditional use,a development plan,subdivision approval,a variance,a building
permit or any other official action of the city having the effect of permitting the development of
land.
Development proposal means an application for any approval of the following types of
residential development,or a phase thereof or amendments thereto:(1)final subdivision plat
approval;or(2)development plan approval.
Development of regional impact("DR!')means any development,exceeding the thresholds
established by the State of Florida pursuant to F.S.Ch.380.06,which because of its character,
magnitude or location would have a substantial effect on the health,safety,or welfare of the
citizens of more than one county.
Diameter breast height(DBH)means the trunk diameter of an existing tree measured four and
one-half(4'/)feet above the average ground level at the tree base.If the tree forks between four
and one-half(4/)and two(2)feet above ground level,it shall be measured below the swell
resulting from the fork.Trunks that fork below two(2)feet above ground level,shall be
Ordinance No.2015-5064 Page 14
considered multi-trunk trees.DBH for multi-trunk trees shall be determined by adding together
the DBH of the two(2)largest trunks four and one-half(41/2)feet above the ground.
Directional sign, on site mans any on premises sign that provides directions necessary or
conveniert for visitors or clients coming onto the premises,including signs marking entrances
, :.. • .,- , _..••• ,: , _• _ tions.
adjacent to a desisted principal or minor arterial roadway by a religious,charitable,fraternal,
nonprofit,or civic organization having a meeting place,clubhouse,or other site within the city
Director means the planning and development director or the director's designee.
---• . _ _ •- - 'b • ' . - - •: : - - - occupants or
the use of a building,limited to multi tenant office buildings and complexes.
Discontinued sign means a sign that is not operated or maintained for a period of one hundred
eighty(180)calendar days or longer,and the intent of the owner of the sign shall not be a
consideration in whether or not the sign is a discontinued sign. The following conditions shall be
conclusively considered as the failure to operate or maintain a sign:(1)a sign displays
advertising for a product or service which is no longer available,or(2)a sign displays
advertising for a business which is no longer licensed,or(3)the sign is blank.A discontinued
sign includes a sign advertising a business that no longer has a certificate of occupancy or that no
longer does business at the location at which the sign is located.A discontinued sign includes a
sign for a purpose for which the purpose has lapsed.If the discontinued sign is on a freestanding
sign structure that is conforming with the city's Land Development Code(LDC)and in
compliance with the Florida Building Code,then only the sign face will be considered
discontinued:however,if the discontinued sign is on a freestanding sign structure that is either
nonconforming with the city's LDC or out of compliance with the Florida Building Code,then
freestanding sign structure shall be removed.
Double-faced sign means a sign which has two display surfaces backed against the same
background,one face of which is designed to be seen from one direction and the other from the
opposite direction,every point on which face being either in contact with the other face or in
contact with the same background.
Drip line means a vertical line extending from the outermost branches of a tree to the ground.
Drive-through lane sign shall mean a sign oriented to vehicles utilizing a drive-through lane at
an establishment.
Dwelling means a building or portion thereof designed exclusively for residential occupancy,
including single family,two-family or duplex,townhouses,and multiple family dwellings,but
not including hotels,boarding or lodging houses,or mobile homes,whether such mobile homes
are movable or anchored in a stationery fashion.
Ordinance No.2015-8064 Nee 15
Dwelling,attached means a one-family dwelling attached to two(2)or more one-family
dwellings by common vertical walls.
Dwelling,multiple fancily means a structure containing two(2)or more dwelling units.
Dwelling,single-family means the use of land for only one(1)dwelling unit,other than a mobile
home,that is developed with open yards on all sides of the dwelling unit.This use includes
manufactured single-family units certified by the Florida Department of Community Affairs to
be in compliance with the Florida Manufactured Building Act of 1979,Part 4,F.S.Ch.553.
Dlvelling, townhouse means a structure of three(3)or more single family units separated by
party walls in which each unit has its own front and rear access to the outside and no unit is
located over another unit.The party walls separating the dwelling units shall be fire resistant and
shall extend to the roof line of the structure and shall have no openings therein.
Dwelling, two-family("duplex')means a structure on a single lot containing two(2)dwelling
units,each of which is totally separated from the other by an unpierced wall extending from
ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall,
except for a common stairwell exterior to both units.
Dwelling unit means a building,or a portion of a building,that has independent living facilities
including provisions for sleeping,cooking,and sanitation,and that is designed for residential
occupancy by a group of people;no portion of which building interior,including any kitchen,
shall be designed,arranged or closed off in a manner that eliminates interior access to or exit
therefrom.This use includes manufactured single-family units certified by the Florida
Department of Community Affairs to be in compliance with the Florida Manufactured Building
Act of 1979,Part1,Part 1,Ch.553,F.S.Buildings with more than one(1)kitchen or set of
cooking facilities are considered to contain multiple dwelling units unless the additional cooking
facilities are located outside of any building and are clearly accessory,such as an outdoor grill.
Dwelling,zero lot line detached means the use of land for only one dwelling unit,which is not
attached to any other dwelling unit that has one(1)wall located on one(1)interior side lot line.
Easement means a grant of the use of land by the land owner to any person,or to the general
public for a specified purpose.
Educational services means different establishments providing a variety of academic or technical
instruction on the elementary,secondary,junior college,college,university,professional,or
vocational level.
Egress means an exit.
Electronic message sign means an electronically activated changeable copy sign whose variable
message capability can be electronically programmed.
Elevated building means a non-basement building built to have the lowest floor elevated above
the ground level by means of fill,solid foundation perimeter walls,pilings,columns(posts and
piers),shear walls,or breakaway walls.
Ordinance No.2015-8064 Page 16
Engineer means a professional engineer registered to practice by the State of Florida.
E.P.A. means the United States Environmental Protection Agency.
Erect means to construct,build,raise,assemble,place,affix,attach,create,paint,draw,or in any
way bring into being or establish:but it does not include any of the foregoing activities when
performed as an incident to the change of adv.,rtising message or customary maintenance or
repair of a sign.
Essential public services means the erection,construction,alteration,or maintenance of
underground,surface or overhead utility installations of water,sewer,gas,telephone and
electrical systems and the equipment and appurtenances such as substations and lift stations
necessary for such systems to furnish an adequate level of service.
Exceptional specimen tree means any tree which is determined by the city council to be of
unique and intrinsic value to the general public because of its size,age,historic association,or
ecological value,or any tree designated a Florida State Champion by the American Forestry
Association.The planning and development director shall keep a record of all specimen trees and
their location.
Exempt development means a development that creates additional impact on public school
facilities,but which is not required to receive a finding of available school capacity because it
received site plan or final subdivision approval prior to the effective date of this ordinance,and
the approval has not expired and remains valid.Approved developments of regional impact are
exempt development.Developments of regional impact that submitted applications prior to May
1,2005 or received approvals are also exempt development.
Existing grade means the elevation of the ground in its natural state,before man-made
alterations,including the deposition of fill,adjacent to and within two(2)feet of the proposed
exterior walls of a structure.
Façade means the exterior wall of a building exposed to public view or that wall viewed by
persons not within the building.
Family means any number of individuals related by blood,marriage or legal adoption,and no
more than four(4)persons not so related living together as a single housekeeping unit.
Feather sign or flutter sign fletg,means a sign flag extending in a sleeve-like fashion down a
telescoping or fixed pole that is mounted in the ground or on a building or stand.A feather sign
or flutter sign f4ag is usually shaped like a sail or feather,and attached to the pole support on one
vertical side.
Fence means an artificially constructed barrier of any material or combination of materials
erected to enclose or screen areas of land.
Finding of available school capacity means a determination by the school district designee that
public school concurrency has been achieved based on the projected impacts of the development
Ordinance No.2015-8064 Page 17
proposal.A finding of available school capacity may be based upon an executed proportionate
share mitigation agreement.
Finding of no available school capacity means a determination by the school district designee
that public school concurrency has not been achieved based on the projected impacts of the
development proposal and the failure of the applicant to proffer an acceptable proportionate
share mitigation agreement.
Fixed aerial advertising sign means any aerial advertising medium that is tethered to,or
controlled from the ground.
Finished grade or finished elevation means the elevation of the ground surface upon the
completion of any construction,immediately adjacent to and within two(2)feet of the exterior
walls of a structure.
Flag means a temporary sign consisting of a piece of cloth,fabric or other non-rigid material.
usually rectangular - - _ . ..•. . . , _ ,
emblem.
Flag pole means a pole on which to raise a flag.
Flashing sign means any illuminated sign,on which the artificial source of light is not
maintained stationary or constant in intensity and color at all times when such sign is
illuminated.For the purposes of this definition,any moving illuminated sign affected by
intermittent lighting shall be deemed a flashing sign.
Flat or wall sign means any sign erected parallel to the face or the outside wall of any building
Flat or ball sign. See wall sign. means any sign erected parallel to the face or the outside wall
of any building that is supported throughout its length by the wall of the building.
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry lands from the overflow of inland or tidal water or the unusual and rapid
accumulation of runoff of surface waters from any source.
Flood insurance rate map(FIRM)means an official map of a community,on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
Flood insurance study means the official hydrology and hydraulics report provided by the
Federal Emergency Management Agency.This report contains an examination,evaluation,and
determination of flood hazards,and,if appropriate,corresponding water surface elevations,or an
examination,evaluation,and determination of mudslide(i.e.,mudflow)and other flood-related
erosion hazards.The study may also contain flood profiles,as well as the FIRM,FHBM(where
applicable),and other related data and information.
Ordinance No.2015-8064 Page 18
Floodproofing means any combination of structural and non-structural additions,changes,or
adjustments to structures,which reduce or eliminate flood damage to real estate or improved real
property,water and sanitary facilities,structures and their contents.
Floodway means the channel of a river or other watercourse and the adjacent lands that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
Floor means the top surface of an enclosed area in a building(including basement),i.e.,top of
slab in concrete slab construction or top of wood flooring in wood frame construction.The term
does not include the floor of a garage used solely for parking vehicles.
Foster home means any facility,licensed by the HRS,which houses foster residents and provides
a family living environment for the residents,including such supervision and care as may be
necessary to meet residents'physical,emotional,and social life needs of the residents.
Delinquent children,alcohol and drug abusers,and dangerous mentally ill persons are excluded
from this definition.
Fraternal club or lodge means those associations and organizations of a civic,fraternal or social
character not operated or maintained for profit,for which there is restricted public access or use.
Free expression sign means a sign communicating information or views of concern to the owner
of the sign,or containing any other non commercial message,that is otherwise lawful.
Free-standing(ground)sign means a detached sign which shall include any signs supported by
uprights or braces placed upon or in or supported by the ground and not attached to any building.
A free-standing(ground)sign may be a pole sign or a monument sign.
Frontage, building means the maximum width of a building measured in a straight line parallel
with the abutting street,public parking lot,or pedestrian walkway.
Frontage, lot means the horizontal distance between the side lot lines measured at the point
where the side lot lines intersect the street right-of-way.All sides of a lot that abut a street shall
be considered lot frontage.
Functionally dependent facility means a facility that cannot be used for its intended purpose
unless it is located or carried out close to water,such as a docking or port facility necessary for
the loading and unloading of cargo or passengers,shipbuilding,ship repair,or seafood
processing facilities.The term does not include long-tern storage,manufactured sales,or service
facilities.
Future land use map means the figure entitled"Future Land Use Map 2010,City of Jacksonville
Beach,Florida"included as part of the future land use element of the Jacksonville Beach
Comprehensive Plan,adopted pursuant to F.S.§ 163.3161,et seq.,as amended.
Garage means an accessory building or part of the main building used for the parking or storage
of four(4)automobiles or less,used by the occupants of the main building.
Ordinance No.2015-8064 Page 19
advertising of the holding of any such sale,or other offering to make any sale,whether made
sale,rummage sale,patio sale,moving sale,or any similar designation.
Gasoline price display sign m s a chang-able message signs,typically mounted on the
freestanding ground or monument sign,which display the prices of gasoline fcr sale.
Governing body means the City Council of the City of Jacksonville Beach,Florida.
Government sign shall mean any temporary or permanent sign erected by or on the order of a
public official or quasi-public entity at the federal,state or local government level in the
performance of any duty including,but not limited to,noncommercial signs identifying a
government building or service,traffic control signs,street name signs,street address signs,
warning signs.safety signs,informational signs,traffic or other directional signs,public notices
of events,public notice of government actions,proposed changes of land use,any proposed
rezoning,or any other government speech.
Government use means any use which aids in the function of local,state and federal government.
Such uses shall include but not be limited to branch government,government owned buildings,
post offices,and community centers.
Gross area means an entire area without exception.
Ground cover means a low-growing herbaceous or woody plant other than turf,not over two(2)
feet high,planted in such a way as to cover the ground.
Groundwater-means water that fills all the unblocked voids of underlying material below the
natural ground surface,which is the upper limit of saturation,or water which is held in the
unsaturated zone by capillarity.
Group home, elderly-oriented means a dwelling unit licensed to serve clients of the HRS,
providing a living environment for elderly residents who operate as the functional equivalent of a
family,including supervision and care by support staff as may be necessary to meet the physical,
emotional,and social life needs of residents.An elderly resident is any person age sixty(60)and
over who is currently a resident of the state and who,because of a functional impairment,
requires personal assistance with the activities of daily living but does not require nursing home
or institutional care.
Group home, developmentally or physically disabled means a dwelling unit licensed to serve
clients of HRS,providing a living environment for residents who operate as the functional
equivalent of a family,including supervision and care by support staff as may be necessary to
meet the physical,emotional,and social life needs of residents.A developmentally-disabled
resident is a person with a disorder or syndrome which is attributable to retardation,cerebral
palsy,autism or spina bifida and which constitutes a substantial handicap that can reasonably be
expected to continue indefinitely.A physically-disabled resident is a person who has a physical
Ordinance No.2015-S064 Page 20
impairment which substantially limits one(1)or more major life activities,or who has a record
of having,or is regarded to have such physical impairment.
Halfil'ay house means a licensed home for inmates on release from more restrictive custodial
confinement or initially placed in lieu of more restrictive custodial confinement,wherein
supervision,rehabilitation,and counseling are provided to mainstream residents back into
society,enabling them to live independently.
Hedge means a landscape barrier consisting of a continuous,dense planting of shrubs.
Highest adjacent grade means the highest natural elevation of the ground surface,prior to any
construction,immediately adjacent to and within two(2)feet of the proposed walls of a
structure.
Historical structure means any of the nine(9)structures identified by the Jacksonville Historical
Landmark Commission in the City of Jacksonville Beach,Florida's Comprehensive plan
document.
Holiday and.easonal decorations means decorations that pertain to legal or other recognized
holidays or tc a season of the year.
Holographic display sign means an advertising display that creates a three-dimensional image
through projection,OLED(organic light emitting diode),or any similar technology.
Home occupation, type I means a home occupation use in which no persons other than members
of the family residing on the premises are engaged in the occupation,which has no visible
exterior evidence of the conduct of the occupation,which does not create need for off-street
parking beyond normal dwelling needs,which does not generate additional traffic,and in which
no equipment is used other than that normally used in household,domestic or general office use.
Home occupation, type II means a home occupation use in which not more than one(1)person
other than members of the family residing on the premises is employed on the premises,which
has not more than one(1)unilluminated sign not exceeding one(1)square foot in area as visible
exterior evidence of conduct of the occupation,and which accommodates both dwelling and
home occupation parking needs off the street.
Hotel means a building or other structure kept,used,maintained,advertised as or held out to the
public to be a place where sleeping accommodations are supplied for pay to transient guests or
tenants,in which four(4)or more rooms are furnished for the accommodation of such guests;
whether or not having one(1)or more dining rooms,restaurants or cafes where meals are served.
Such sleeping accommodations and dining rooms,restaurants or cafes,and accessory uses such
as gift shops,barber shops or other services primarily intended for the use of the hotel guests,
being conducted in the same building or accessory buildings in connection therewith.
HRS. means the Florida Department of Health and Rehabilitative Services.
Illuminated sign means any sign or portion thereof which is illuminated by artificial light,either
from an interior or exterior source,including outline,reflective or phosphorescent light
Ordinance No.2015-8061 Page 21
(including but not limited to plasma or laser),whether or not the source of light is directly
affixed as part of the sign,and shall also include signs with reflectors that depend upon sunlight
or automobile headlights for an image.
In compliance means consistent with the requirements of F.S.§§ 163.3177, 163.3178 and
163.3191,the Northeast Florida Regional Policy Plan,the State Comprehensive Plan and Rule
9J-5,F.A.C.,where such rule is not inconsistent with F.S.Ch. 163,Part II.
Indirectly illuminated sign means any sign,the facing of which reflects light from a source
intentionally directed upon it.
Inflatable or balloon sign means a sign consisting of a flexible envelope of nonporous materials
that gains its shape from inserted air or other gas.
Ingress means an access or entry.
Ingress and egress sign shall mean a sign at the entrance to or exit from aparcel necessary to
provide directions for vehicular traffic and provide a warning for pedestrian and/or vehicular
traffic safety.
Internally illuminated sign means any sign which has the source of light not visible to the eye
and entirely enclosed within the sign.
Intermittent means more frequently than once per day.
Irrigation means the mechanical application of water to plant material in order to sustain plant
life.
Junk yard means a place,structure,or lot where junk,waste,discarded,salvaged,or similar
materials are bought,sold,exchanged,baled,packed,disassembled,stored,or handled.
Kennel means any structure or premises where four(4)or more animals over six(6)months of
age,not owned by the occupants of the premises,are kept for sale or for the purpose of breeding
or temporary boarding,except in an animal hospital,animal grooming parlor or pet shop.
Kitchen means any room or space used or intended and designed to be used for cooking or the
preparation of food.The installation of a cooking appliance constitutes a kitchen within the
meaning of this definition,and where such a kitchen is installed or maintained in a room or suite
of rooms said room or suite of rooms shall constitute a dwelling unit.
Land means the earth,water,and air,above,below,or on the surface,and includes any
improvements or structures customarily regarded as land.The word"land"includes the words
"marsh"or"swamp."
Land development regulation commission means the agency designated to prepare and review
the land development regulations in the City of Jacksonville Beach.In Jacksonville Beach,the
land development regulation commission is the city council.
Ordinance No.2015-8064 Page 22
LED display sign means any sign or portion thereof that uses light emitting diode technology or
other similar semiconductor technology to produce an illuminated image,picture,or message of
any kind whether the image,picture,or message is moving or stationary.This type of sign
includes any sign that uses LED technology of any kind whether conventional(using discrete
LEDs),surface mounted(otherwise known as individually mounted LEDs),transmissive,
organic light emitting diodes(OLED),light emitting polymer(LEP),organic electro
luminescence(OEL),or any similar technology.
Level of service(LOS),public school facilities means the comparison of public school enrollment
to school capacity in a given concurrency service area.
Level of service(LOS)standard means an indicator of the extent or degree of service provided
by,or proposed to be provided by a facility based on and relative to the operational
characteristics of the facility.Level of service shall indicate the capacity per unit of demand for
road,potable water supply,sanitary sewer,solid waste collection,stormwater management,or
recreation and open space facilities.For public school facilities,level of service(LOS)standard
means the level of service applied to a concurrency service area that is adopted in the public
schools interlocal agreement and the public schools facilities element for each level or type of
public school facility.
Local planning agency means the planning commission.
Lot means a parcel,tract,or area of land of varying size established by plat,subdivision,or as
otherwise permitted by law,which is designated as a single unit which is intended to be occupied
by one building,or group of buildings,and its accessory uses.
Lot, corner means a lot abutting upon two(2)or more streets at their intersection.
Lot coverage shall mean means the number determined by dividing that area of a lot which is
occupied or covered by the total horizontal projected surface of all buildings,including covered
porches,and accessory structures,driveways,and paved,bricked,or wooden walkways,pool
decks and patios,by the lot area.
Lot depth means the distance measured in a mean direction of the side lines of the lot from the
midpoint of the front line to the midpoint of the opposite rear line of the lot.
Lot, interior means a lot other than a corner lot with frontage on only one(1)street.
Lot line means the lines of record bounding a lot which divides one(1)lot from another lot or
from a public or private street or any other public space.
Lot, through means a lot other than a corner lot having frontage on two(2)streets.
Lot width means the horizontal distance between side lot lines measured at right angles to its
depth along a straight line parallel to the front lot line at the minimum required building setback
line.
Ordinance No.2015-5064 Page 23
Lowest floor means the lowest floor of the lowest enclosed area(including basement).An
unfinished or flood resistant enclosure,used solely for parking of vehicles,building access,or
storage,in an area other than a basement,is not considered a building's lowest floor,provided
that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design standards of this ordinance.
Machinery and equipment sign means any sign that is integral to the machinery or equipment
and that identifies the manufacturer of the machinery or equipment that is placed on the
machinery or equipment at the factory at the time of manufacture.
Maintenance in the context of Article VIII,Division 4,Sign Standards means the repairing or
repainting of a portion of a sign or sign structure,periodically changing changeable copy,or
renewing copy,which has been made unusable by ordinary wear.
Major development means:
(1)Any residential development containing more than one hundred(100)dwelling units,
(2)A commercial or office development containing thirty thousand(30,000)or more square feet
of floor area,
(3)Any combination of land uses which will generate one thousand(1,000)or more vehicle trips
per day,and
(4)Any combination of land uses that will generate an increase of one hundred(100)or more
new peak hour trips.Trip generation shall be based on the ITE Trip Generation Manual,current
edition.
Mansard or mansard roof means a style of hip roof characterized by two slopes on each of its
four sides with the lower slope being much steeper,almost a vertical wall,while the upper slope,
usually not visible from the ground,is usually pitched at the minimum needed to shed water.A
mansard roof may combine a steep lower slope with a flat roof.
Manufactured building means a closed structure,building assembly,or system of assemblies,
which may include structural,electrical,plumbing,heating,ventilating,or other service systems
manufactured in manufacturing facilities for installation or erection,with or without specified
components,as a finished building or part of a finished building,which shall include,but not be
limited to,residential,commercial,institutional,storage,or industrial structures.Manufactured
building may also mean,at the option of the manufacturer,any building of open construction
made or assembled in manufacturing facilities away from the building site for installation,or
assembly and installation,on the building site.
Manufactured home park or subdivision means a parcel(or contiguous parcels)of land divided
into two or more manufactured home lots for rent or sale.
Marina means an establishment with a waterfront for the purpose of storing watercraft and
pleasure boats on land,in buildings,in slips or on boat lifts, including accessory facilities for
purposes such as refueling,minor repair and launching.
Ordinance No.2015-3064 Pane 24
Marquee means any permanent wall or roof-like structure projecting beyond a building or
extending along and projecting beyond the wall of the building,generally designed and
constructed to provide protection from the weather.A marquee is not an awning or canopy.
Marquee sign means any sign painted or printed onto or otherwise attached to a marquee.
Mean sea level(MSL)means the average height of the sea for all stages of the tide.For the
purposes of the LDC,the term is synonymous with National Geodetic Vertical Datum(NGVD).
Menu display sign means a fully enclosed or otherwise protected from the elements sign
structure,including but not limited to a box,shadow box or cabinet,attached to a wall or
freestanding,which is used solely for the purpose of displaying restaurant menus list.A menu
facilities which have restaurant facilities open to the general public in addition to the registered
guests.
Menu display sign, drive tJn'ough me. . . . _ z . . - . .. _.
restaurant or carwash where the si is located and which may provide a mechanism for ordering
the products while viewing the sign.
Microbrewely means an establishment which produces,packages,and stores beer or other cereal
beverages within an enclosed building,and which produces no more than 8,000 barrels or
248,000 gallons of beverages per year.
advertising.
Mobile food vending vehicle means a vehicle-mounted public food service establishment that is
either self-propelled or otherwise movable from place to place.A mobile food vending vehicle is
further defined as having,as part of the vehicle,a three-compartment sink for washing,rinsing
and sanitizing equipment and utensils;a separate hand wash sink;adequate refrigeration and
storage capacity;full provision of power utilities including electrical,LP-gas,or a portable
power generation unit;a potable water holding tank;and a liquid waste disposal tank.
Mobile food vendor means any person or business selling food from a mobile food vending
vehicle from which food items are sold to the general public.
Mobile home means the use of land for a structure,including the plumbing,heating,air
conditioning,and electrical components contained therein,transportable in one or more sections
which structure is eight(8)feet or more in width and over(40)feet in length,or which,when
erected on site,is three hundred twenty(320)or more square feet,and which is built on a metal
frame and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities.If fabricated after June 15,1976,each section should bear a
HUD label certifying that it is built in compliance with the Federal Manufactured Home
Construction and Safety Standards,42 USC 5401 and 24 CFR 3282 and 3283.This use does not
Ordinance No.2015-6064 Page 25
include manufactured buildings meeting the criteria contained in the definition of a single-family
dwelling.
Mobile home park, existing means premises existing as of March 6, 1995(ref.Ord.No.95-
7617),with required improvements and utilities where mobile home spaces are rented or leased
for use by mobile homes for residential occupancy which may include services and facilities for
the residents.
Mobile home park, expansion to existing means an increase in the number of mobile home sites
to an existing mobile home park.
Mobile home park, new means premises approved for development after March 6, 1995(ref.
Ord.No.95-7617),with required improvements and utilities where mobile home spaces are
rented or leased for use by mobile homes for residential occupancy which may include services
and facilities for the residents.
Mobile home park means premises with required improvements and utilities where mobile home
spaces are rented or leased for use by mobile homes for residential occupancy which may
include services and facilities for the residents.
Mobile home site means land within a mobile home park or subdivision designated for the
accommodation of not more than one(1)mobile home.
Monopole means a vertical self-supporting structure,not guyed,made of spin-cast concrete,
concrete,steel or similar material,presenting a solid appearance.
Monument sign means a type of freestanding sign that is not supported by a pole structure and is
placed upon the ground independent of support from the face of a building and that generally has
-. . . ., .- .•. , is constructed of a solid material such as wood,masonry
or high-density urethane.
Motel means a group of attached or detached buildings containing individual sleeping units,with
automobile storage or parking space provided in connection therewith,designed for use
primarily by transients.
Multi prism or tri-vision sign means a sign made with a series of triangular sections that rotate
and stop,or index,to show multiple images or messages in the same area at different times.
National Geodetic Vertical Datum(NGVD)means the vertical control,as corrected in 1929,used
as a reference for establishing varying elevations within the flood plain.
New construction means structures for which the start of construction commenced on or after the
effective date of the LDC.For floodplain management purposes,new construction means any
Ordinance No.2015-5063 Page 26
structure for which the"start of construction"commenced commence on or after August 19,
1991.
Newspaper of general circulation means a newspaper of local origin published at least on a
weekly basis,but does not include a newspaper intended primarily for members of a particular
professional or occupational group,a newspaper whose primary function is to carry legal notices,
or a newspaper that is given away primarily to distribute advertising.
Non-commercial message means any message which is not a commercial message.
Nonconforming building or structure means any building or other structure which was lawfully
constructed but which does not comply with all applicable provisions of the LDC,including size
and dimensional standards,off-street parking standards,landscape standards,performance
standards,or height standards either on the effective date of the LDC or as a result of any
subsequent amendment.Such noncomplying building or structure shall be referred to as a
nonconformity.
Nonconforming lot of record means a lot which conformed to the relevant land use standards at
the time of the creation of the lot,but which does not comply with applicable regulations of the
LDC for width and area.
Nonconforming sign means any sign that was validly installed under laws or ordinances in effect
prior to the effective date of the LDC or subsequent amendments,but which is in conflict with
the provisions of the LDC.
Nonconforming use means any use of a building or structure which,at the time of the
commencement of the use,was a permitted use in the zoning district until the effective date of
the LDC,but which does not,on the effective date of the LDC or amendment thereto,conform to
any one of the current permitted uses of the zoning district in which it is located.Such
nonconforming use may be referred to as a nonconformity.
Nonresidential activity means any activity which occurs in any building,structure,or open area
which is not used primarily as a private residence or dwelling.
Nursing or personal care facility means any institution,building or buildings,residence,private
home,boarding home,home for the aged or other place,whether operated for profit or not,
which undertakes through its ownership or management to provide,for a period exceeding
twenty-four(24)hours,one(1)or more personal services for adults who by reason of illness,
physical infirmity,or advanced age are unable to care for themselves and are not related to the
owner or administrator by blood or marriage,and who require such services.
Oceanfront lots means lots fronting or parallel to the ocean.
Offsite commercial advertising means a nonaccessory billboard or siun which directs attention to
a business.commodity,service,entertainment,or attraction that is sold,offered or existing
elsewhere than upon the same lot where such sign is displayed.
Ordinance No.2015-8064 Page 27
Offsite commercial sign means a nonaccessory billboard or sign that displays offsite commercial
advertising.
Off site sign mcars a commercial sign not located on the site of the establishment or entity
where the sign is maintain-d.The on site/off site distinction applies only to commercial message
signs.
On-site sign means any commercial sign which directs attention to a commercial or industrial
occupancy,establishment,commodity,good,product,service or other commercial or industrial
activity conducted,sold or offered upon the site where the sign is maintained.The on-site/off-site
distinction applies only to commercial message signs.For purposes of Article VIII,Division 4,
Sign Standards of this chapter,all signs with noncommercial speech messages shall be deemed
to be"on-site,"regardless of location.
Outdoor restaurant or bar means any restaurant or bar,or portion thereof,which exists outside
of the permanent exterior walls of the principal building(s)on a lot.This definition includes any
deck or other area constructed and/or utilized on the roof of a structure.
Owner means any part or joint owner,tenant in common,tenant in partnership,joint tenant or
tenant by the entirety with legal or beneficial title to whole or part of a building or land.
Package liquor store means any establishment devoted primarily to the sale of alcoholic
beverages for consumption off-premises,which is licensed by the State of Florida to dispense or
sell alcoholic beverages for consumption off-premises.
Painted wall sign means any sign painted on any surface or roof of any building.
Parcel of land means any quantity of land and water capable of being described with such
definiteness that its location and boundaries may be established,which is designated by its owner
or developer as land to be used or developed as a unit,or which has been used or developed as a
unit.
Parking bay means a parking module consisting of one(1)or more rows of parking spaces and
the aisle from which motor vehicles enter and leave the spaces.
Parking lot means an off-street,ground level area or plot of land used for the storage or parking
of vehicles.
Parking space means a space for the parking of a motor vehicle within a public or private
parking area.
Permanent sign means any sign which is intended to be and is so constructed as to be of lasting
and enduring condition,remaining unchanged in character,condition(beyond normal wear and
tear)and position and in a permanent manner affixed to the ground,wall or building.Unless
otherwise provided for herein,a sign other than a temporary sign shall be deemed a permanent
Am unless otherwise indicated elsewhere in this Land Development Code.
Ordinance No.2015-8064 Page 28
Pennant means any lightweight plastic,fabric,or other material whether or not containing a
message of any kind,suspended from a rope,wire,or string,usually in a series,design to which
will flutter or swing in the wind.Unless otherwise provided-for herein,a sign with an-intended
Person means any person,individual,public or private corporation,firm,association,joint
venture,partnership,municipality,governmental agency,political subdivision,public officer or
any other entity whatsoever or any combination of such,jointly or severally.
Pets, household means any domestic animal such as cats,dogs,hamsters,and birds other than
poultry that are customarily kept for personal use or enjoyment within the home.Poultry,hoofed
animals of any type,predatory animals,or any animal which is normally raised to provide food
for people shall not be considered as household pets.
Planned unit development means a development of land that is under unified control and is
planned for and developed as a whole in a single development operation or programmed series of
development stages.The development may include streets,circulation ways,utilities,buildings,
open spaces,and other site features or improvements.
Planning and development director means the person appointed to direct the Planning and
Development Department of the City of Jacksonville Beach.
Planning commission means the Jacksonville Beach Planning Commission.
Plant nurseries means an agricultural endeavor devoted exclusively to the raising of ornamental
plants for sale or transplanting.
Plat means a map or drawing upon which an exact representation of a subdivision and other
information is presented in compliance with the requirements of Article IX,Subdivision
Standards.
Pole sign means a ground sign that is supported by one or more poles and otherwise separated
from the ground by air.Pole signs A pole sign is not a monument sign,another type ofgr•ound
siarr. almost always separated from buildings and other structures.
Political campaign sign or election sign means any sign indicating the name and/or picture of an
referendum,or pertaining to the advocating by persons,groups or parties of political views or
policies.
Portable sign means any sign,banner,or poster that is not permanently attached to the ground or
to a structure that is attached to the ground or a sign capable of being transported,including,but
not limited to,signs designed to be transported by means of wheels or carried by a person,and
signs converted to an A-Frame slut or a T-frame sign A or T frames.For purposes of this
division,a cold air inflatable sign shall be considered to be a portable sign.
Ordinance No 2015-8064 Page 29
Porte-cochere means a porch or portico-like structure at a main or secondary entrance to a
building,through which it is possible for a vehicle to pass,in order for the occupants to enter or
exit under cover,protected from the weather.
Potable water facilities means the planning of,engineering for,acquisition of land for,or
construction of potable water facilities necessary to meet the LOS for potable water facilities.
Preserve area means vegetative areas required to be preserved under the jurisdiction of DER,
SJRWMD or other governmental regulatory agencies.
Proportionate share mitigation means an applicant's voluntary provision of public school
facilities proportionate to a development proposal's impact on school capacity.Proportionate
share mitigation options may include contribution of or payment for land acquisition;
construction or expansion of,or payment for construction of public school facilities;or the
creation of mitigation banking based on the construction of public school facilities,in exchange
for the right to sell capacity credits to other residential development affecting those facilities.
Proportionate share mitigation must be identified in a work program,unless the school district
has committed itself in a proportionate share mitigation agreement to include the mitigation in
the work program during the next annual update to the work program.
Proportionate share mitigation agreement means a voluntary,legally-binding commitment to
provide proportionate share mitigation to ensure public school concurrency can be achieved,
where school capacity would not otherwise be adequate to support the demand resulting from
approval of a development proposal at the time the development proposal is being considered.
The applicant,school district and the city shall be parties to a proportionate share mitigation
agreement.
Projecting sign means any sign affixed perpendicular,or at any angle to a building or wall in
such a manner that its leading edge extends more than twelve(12)inches beyond the surface of
such building or wall.
Protected tree means any tree,except those which are hereinafter exempted in section 34-424(b),
with a DBH of six(6)inches or more.
Public potable water supply well means a well withdrawing potable water from the surficial
aquifer that serves and is operated by public utilities.For the purposes of section 34-468 public
utility shall mean any municipal system that provides service to the public and utilities required
to obtain a SJRWMD individual water use permit.
Public protected tree means any tree,except those which are hereinafter exempted in section 34-
424(b),with a DBH of six(6)inches or more located on Iands owned by the city,its agencies or
authorities,or any land upon which easements are imposed for the benefit of the city,its agencies
or authorities,or upon which other ownership control may be exerted by the city,its agencies or
authorities,including rights-of-way,parks,public areas and easements for drainage,sewer,water
and other public utilities.
Public school concurrency means,as provided in F.S. § 163.3180(13)(e),the necessary public
school facilities to maintain level of service standards are in place or are scheduled in the work
Ordinance No.2015-5064 Page 30
program to be under actual construction within three(3)years of approval of a development
proposal.
Public school facilities means permanent public school buildings provided by the school district,
as defined by the most current edition of the Florida Inventory of School Houses(FISH),
published by the Florida Department of Education,Office of Educational Facilities,or land for a
public school facility.
Public school facilities,existing means public school facilities that are already constructed and
operational at the time that the school district designee makes a finding regarding school
capacity.
Public school facilities,planned means public school facilities in the school district's work
program that will be in place or under actual construction within three(3)years after the
approval of the development proposal.
Public school facilities, total means existing public school facilities and planned public school
facilities.
Public schools interlocal agreement means the interlocal agreement between the county,non-
exempt municipalities,and the school district,pursuant to F.S. § 163.31777,which establishes
standards and procedures for a coordinated,uniform public school concurrency program
throughout Duval County and which ensures the level of service standards for public school
facilities are achieved and maintained.
persons involved in such economic transaction.
Recreation and open space facilities means the planning of,engineering for,acquisition of land
for or construction of park and recreation facilities necessary to meet the LOS for recreation and
open space facilities.
Recreational vehicle means a vehicle that is:
a.Built on a single chassis;
b.Four hundred(400)square feet or less when measured at the largest horizontal projection;
c.Designed to be self-propelled or permanently towable by a light duty truck;and
d.Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational,camping,travel,or seasonal use.
Redevelopment district means an area designated by the city council as blighted and in need of
redevelopment pursuant to F.S.Ch. 163,Part Ill.When indicated as a redevelopment district or
Ordinance No.2015-8064 Page 31
RD zone district,reference is made to an area classified in accordance with section 34-347 of the
LDC.
Regulated area means that area within the zone of protection surrounding each public potable
water supply well.
Regulated substances mean:
(1)Substances which have one(1)or more of the following characteristics:
a.They are listed as a priority toxic pollutant and hazardous substance by the EPA in 40 CFR
122.21;
b.They are an EPA Designation Reportable Quantities and Notification Requirements for
Hazardous substances under CERCLA(40 CFR 302);
c.They are a degradation product which is toxic,which includes petroleum based products;
d.They are on a restricted use pesticide list promulgated pursuant to F.S.Ch.487,set forth in
Chapters 5E-2 and 5E-9,F.A.C.
(2)As well as the following physical characteristics:
a.They are prone to be persistent in the environment;
b.They are water soluble or prone to pass downward through surface soils,to enter into and mix
with groundwater,and be transported by the movement of groundwater.
Religious organization means a structure or place in which worship,ceremonies,rituals,and
education pertaining to a particular system of beliefs are held.
Restaurant means an establishment whose principal business is the selling of unpackaged food to
the customer in a ready-to-consume state,in individual servings,or in nondisposable containers,
and where the customer consumes these foods while seated at tables or counters located within
the building.
Restaurant, drive-in means an establishment that delivers prepared food and/or beverages to
customers in motor vehicles,regardless of whether or not it also serves prepared food to
customers who are not in motor vehicles,for consumption either on or off the premises.
Right-of-way means the area of a highway,road,street,way,parkway,electric transmission line,
gas pipeline,water main,storm or sanitary sewer main,or other such strip of land reserved for
public use,whether established by prescription,easement,dedication,gift,purchase,eminent
domain or any other legal means.
Road facilities mean the planning of,engineering for,acquisition of land for or construction of
roads necessary to meet the LOS for road facilities.
Ordinance No.2015-5064 Page.32
Roof sign means any sign which is mounted on the roof of a building or which extends above the
top edge of the wall of a flat roofed building,the eave line of a building with a hip,gambrel,or
gable roof.
Rotating sign(or revolving sign)sign means an animated sign that revolves or turns or has
external sign elements that revolve or turn.Such sign may be power-driven or propelled by the
force of wind or air.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Sandwich board.>ign means a portable,freestanding,movable sign not secured or attached to the
ground cr surface upon which it is located;and is constructed in a manner as to form an"A"or
by a supporting member.
Sanitmy sewer facilities means the planning of,engineering for,acquisition of land for,or
construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities.
School capacity means the demand that can be accommodated by a public school facility at the
level of service standard,as determined by the school district.
School concurrency allocation means a reservation of school capacity made by the school
district after a finding of available school capacity,upon the city's approval of a development
proposal.The reservation shall be indicated on the school concurrency schedule.
School concurrency application means an application for the school district to make a finding of
available school capacity and issue a school concurrency allocation.
School concurrency schedule means a schedule maintained by the school district that tracks the
availability of school capacity over time.
School district means Duval County Public Schools.
School district designee means a person or committee designated to act on behalf of the school
district,and to make determinations regarding whether public school concurrency has been
achieved for school concurrency applications submitted to the school district by the director.
Screen enclosure means a structural network of metal or wood members with open mesh panels
for both walls and roof.
Service island sign means a sign mounted permanently on,under,or otherwise mounted on a
service island canopy.
Service station means any building,structure or land used for the dispensing,sale or offering for
sale at retail,and any automobile fuel,oils,or accessories in connection with which is performed
general automotive servicing,such as tire servicing and repair,and including engine and
ordinance No.2015-8064 Page 33
transmission repair,but excluding body work,straightening of frames,painting,or welding.All
work must be done inside of an enclosed building.
Shade tree means a tree with a mature crown spread of at least fifteen(15)feet.
Shopping center means a group of retail stores,service establishments or any other business not
necessarily owned by one(1)person nor by a single land ownership which is adjacent to and
utilizing a common off-street parking area.
Shrub means a self-supporting woody perennial plant characterized by multiple stems and
branches continuous from the base,naturally growing to a mature height between two(2)and
twelve(12)feet.
Sign means any device,fixture,placard or structure,including its component parts,which draws
attention to an object,product,place,activity,opinion,person,institution,organization,or place
of business,or which identifies or promotes the interests of any person and which is to be viewed
from any public street,road,highway,right-of-way or parking area(collectively referred to as a
"public area").For the purposes of these regulations,the term"sign"shall include all structural
members.A sign shall be construed to be a display surface or device containing organized and
related elements composed to form a single unit.In cases where matter is displayed in a random
or unconnected manner without organized relationship of the components,each such component
shall be considered to be a single sign.The term"sign"for regulatory purposes shall not include
the following objects:Grave yard and cemetery markers visible from a public area,vending
machines or express mail drop-off boxes visible from a public area,decorations that do not
constitute advertising visible from a public area,artwork that does not constitute advertising or a
building's architectural features visible from a public area,or a manufacturer's or seller's
markings on machinery or equipment visible from a public area.The foregoing objects are not
signs for purpose of regulation herein.In the-case of a permanent sign made of any fabric or
elsewhere in the Code.However,the following are not within the d -9nition of a"sign"for
regulatory purposes of this chapter:
(1)Architectural features:Decorative or architectural features of buildings(not including
lettering,trademarks or moving parts);
integrated into the structure of a permanent building which is otherwise legal;
(3)Personal appearance:Items or devi - .....- _ . •. e ...-
including tattoos,makeup,costumes(but not including commercial masccots);
(1)Manufacturers'marks:Marks on tangible p :.. , .-- _ - - , :.. _-
or product,and which customarily remain attached to the product even after sale;
(5)Fireworks,etc.:The legal use offirew'" , - _ - • • : -- a - :
regulated by thi,ch�.pter;
Ordinance No.2015-5064 Page 34
(7)Grave stones or grave markers;
(8)News racks and newsstands.
(9)Artwork.
Sign height means the vertical distance form from the average finished grade of the ground
below the sign excluding any filling,berming,mounding or excavating solely for the purposes of
increasing the height of the sign,to the top edge of the highest portion of the sign.The base or
structure erected to support or adorn a monument,pole or other freestanding sign is measured as
part of the sign height.
Sign size means area of sign.
Sign visibility triangle shall mean the trianele described in Section 34-425(b)(1).
Sign walker or sign spinner means a person who wears,holds,or balances a sib in order to
convey a commercial message.
Snipe sign means a sign made of any material when such sign is tacked,nailed,posted,pasted,
glued or otherwise attached to or placed on public property such as but not limited to a public
utility pole,a public street sign,a public utility box,a public fire hydrant.a public right-of way.
public street furniture,or other public property;except for A-frame and T-frame signs that are
temporarily placed on public property under such limitations and constraints as may be set forth
in the Land Development Code:. , - . .. - .. , . - . - . - _ -
located.
Solid waste facilities mean the planning of,engineering for,acquisition of land for or
construction of solid waste facilities necessary to meet the LOS for solid waste facilities.
Special flood hazard area.See"Area of special flood hazard."
Start of construction means,for other than new construction and substantial improvements under
the Coastal Barrier Resources Act P.L.97-348,the date the building permit was issued,
provided the actual start of construction,repair,reconstruction,or improvement was within one
hundred eighty(180)days of the permit date.The actual start means the first placement of
permanent construction of a building(including a manufactured home)on a site,such as the
pouring of slabs or footings,installation of piles,construction of columns,or any work beyond
the stage of excavation or placement of a manufactured home on a foundation.Permanent
construction does not include land preparation,such as clearing,grading and filling;nor does it
include the installation of streets and/or walkways;nor does it include excavation for a basement,
footings,piers or foundations or the erection of temporary forms;nor does it include the
installation on the property of accessory buildings,such as garages or sheds not occupied as
dwelling units or not part of the main building.For substantial improvement,the actual start of
OrduunceNo.2015-8064 Page 35
construction means the first alteration of any wall,ceiling,floor,or other structural part of a
building,whether or not that alteration affects the external dimensions of the building.
Statutory sign means a sign the city is required to erect by any statute of the State of Florida or
the United States for safety,directional,or traffic control purposes.
Stormwater management facilities mean the planning of,engineering for,acquisition of land for
or the construction of stormwater management facilities necessary to meet the LOS for
stormwater management facilities.
Story means that portion of a building included between the upper surface of any floor and the
upper surface of the floor or roof next above.
Street means a right-of-way for vehicular traffic,designated as an alley,avenue,boulevard,
court,drive,expressway,highway,lane,road,street,or thoroughfare(also referred to as
roadway).A street may be dedicated to the public or maintained in private ownership,but open
to the public.For the purposes of the LDC,"streets"are divided into the following categories:
(1)Arterial street means a road which is used to move large volumes of traffic rapidly between
population centers,around population centers,or from one section of the urban area to another.
(2)Collector street means a road designed primarily to connect local streets with arterials or to
provide access from residential areas to major destination points such as shopping or
employment centers and which may be expected to carry a significant volume of traffic.
(3)Cul-de-sac means a minor road of short length having one end open to traffic and one end
terminating in a vehicular turn-around.
(4)Local street means a road used primarily for access to abutting properties within a
subdivision.
(5)Approved private street means a street or road that meets the design standards set forth herein
corresponding to its intended functional use,that is not dedicated to the City of Jacksonville
Beach.
(6)Approved street means any local street,constructed according to the specifications in Article
IX,Subdivision Standards,and accepted by resolution of the city council of the City of
Jacksonville Beach for maintenance purposes.
Street address sign means any sign denoting the street address of the premises on which it is
attached or located.
Street line means the line separating the street and abutting property.
Structure means anything constructed,installed or portable,the use of which requires location on
land.It includes a movable building which can be used for housing,business,commercial,
agricultural or office purposes,either temporarily or permanently.It also includes roads,
Ordinance No.2015-8064 Page 36
walkways,paths,fences,swimming pools,tennis courts,poles,tracks,pipelines,transmission
lines,signs,cisterns,sheds,docks,sewage treatment plants and other accessory construction.
Structural alterations mean any change,except for repair or replacement,in the supporting
members of a building,such as bearing walls,columns,beams or girders,floor joists or roof
joists;or in the dimensions or configurations of the roof or exterior walls.
Subdivider means a person developing a subdivision,or that person's agent.
Subdivision means the division of land into three(3)or more parcels for the purpose of sale or
lease,including the addition to or resubdivision of land,if not exempted by the terms of the
LDC.
Fr,,perty at the local street entrance to the property.
Submerged land means land below the mean high tide or mean high water line.
Substantial damage means damage to a structure,the cost of which equals or exceeds fifty(50)
percent of the market value of the structure before the damage occurred.
Substantial improvement means any repair,reconstruction,alteration,or improvement to a
structure,the cost of which equals or exceeds fifty(50)percent of the market value of the
structure before the"start of construction"of the improvement.This term includes structures that
have incurred"substantial damage"regardless of the actual repair work performed.This term
does not,however,include any repair or improvement of a structure to correct existing violations
of State of Florida or local health,sanitary,or safety code specifications,which have been
identified by the local code enforcement official prior to the application for permit for
improvement,and which are the minimum necessary to assure safe living conditions.For the
purposes of this definition,substantial improvement is considered to occur when the first
alteration of any wall,ceiling,floor,or other structural part of the building commences,whether
or not that alteration affects the external dimensions of the structure.This term does not include
any alteration of a historic structure,provided that the alteration will not preclude the structure's
continued designation as a historic structure.
Tempormy structure means any non-habitable structure for ancillary use which does not require
a permanent foundation or connection to the ground for its support,and has no permanent
connection to or provisions for municipal utilities,and can be disassembled without the use of
destructive force for relocation or removal.
Temporary sign means a sign intended for a use not permanent in nature.Unless otherwise
provided for,in this Code hereinherein,a sign with an intended use e' �,onths or lesser (Formatted:underline
of two(2 twelve(12)months or less or for a_ueriod of time related to an event shall be deemed a Formatted:Nrrtstrikethrvugh
temporary sign 1 here lin-this Code unl• -
- - ;-.A flab shall be deemed a temporary sign.
Traffic control device sign means any Government sign located within the right-of-way that is
used as a traffic control device and that is described and identified in the Manual on Uniform
Ordinance No.2015-8064 Page 37
Traffic Control Devices(MUTCD)and approved by the Federal Highway Administrator as the
National Standard.A traffic control device sign includes those government signs that are
classified and defined by their function as regulatory signs(that give notice of traffic laws or
regulations),warning signs(that give notice of a situation that might not readily be apparent),
and guide signs(that show route designations,directions,distances,services,points of interest,
and other geographical,recreational,or cultural information).
Travel trailer(recreational vehicle)means a portable structure built on a chassis,designed as a
temporary dwelling for travel,recreation and vacation purposes.It is not more than nine(9)feet
in width and up to forty(40)feet in length.
Travel trailer park means a duly licensed camp,park or other area established to carry on the
business of parking or otherwise servicing travel trailers(recreational vehicles or motor homes).
The development plan and all sanitary facilities of a travel park must conform to the
requirements of the state and county health authorities.
Tree means a self-supporting woody plant having a single trunk or a multiple trunk of lower
branches,growing to a mature height of at least twelve(12)feet in northeast Florida.
Umbrella sign means a sign printed on umbrellas used for legal outdoor seating area at a
business establishment,which is made of a lightweight fabric or similar material.
Understory means assemblages of natural low-level woody,herbaceous,and ground cover
species which exist in the area below the canopy of the trees.
Unsafe sign means a sign posing an immediate peril or reasonably foreseeable threat of injury or
damage to persons or property.
Vehicle sign means a sign which covers more than twenty(20)square feet of the vehicle,which
identifies a business,products,or services,and which is attached to,mounted,pasted,painted,or
drawn on a motorized or drawn vehicle,and is parked and visible from the public right-of-way;
unless said vehicle is used for transporting people or materials in the normal day to day operation
of the business.
Vested right means that a right is vested when it has become absolute and fixed and cannot be
defeated or denied by subsequent conditions or change in regulations,unless it is taken and paid
for.There is no vested right to an existing zoning classification or to have zoning remain the
same forever.However,once development has been started or has been completed,there is a
right to maintain that particular use regardless of the classification given the property.There can
be no vested right in a sign permit if a sign permit is applied for under a sign ordinance that is
later partially or wholly adjudicated to be unconstitutional by a court of competent jurisdiction.
Veterinary services means any building or portion thereof designed or used for veterinary care,
surgical procedures or treatment of animals,but not the boarding of well animals.
Violation,for the purpose offloodplain regulation, means the failure of a structure or other
development to be fully compliant with the floodplain regulations of the Jacksonville Beach
Land Development Code.A structure or other development without the elevation certificate,
Ordinance No.2015-£064 Page 38
other certifications,or other evidence of compliance required in the Jacksonville Beach Land
Development Code is presumed to be in violation until such time as that documentation is
provided.
Wall wrap sign means a sign composed of fabric,plastic,vinyl,mylar or a similar material that
drapes or hangs over the side of a building,wall or window.
Wall sign means any sign attached parallel to,but within twelve(12)inches of a wall;painted on
the wall surface of,or erected and confined within the limits of an outside wall of any building or
structure,which is supported by such wall or building,and which displays only one sign surface.
Warning sign or safety sign means a sign which provides warning of a dangerous condition or
situation that might not be readily apparent or that poses a threat of serious injury(e.g.,gas line,
high voltage,condemned building,etc.)or that provides warning of a violation of law(e.g.,no
trespassing,no hunting allowed,etc.).
Water-dependent facility means a facility which cannot be used for its intended purpose unless it
is located or carried out in close proximity to water,such as a docking or port facility necessary
for the loading and unloading of cargo or passengers,shipbuilding,ship repair,or seafood
processing facilities.The term does not include long-term storage,manufacture,sales,or service
facilities.
Wayfinding sign means a non-commercial government sign that shows route designations,
destinations,directions,distances,services,points of interest,or other geographical,recreational,
or cultural information for the aid of the traveling public,for facilitating a safe and in order to
eneedrage orderly traffic flow and preventing sudden stops from drivers who cannot easily find
Well means a pit or hole sunk into the earth to reach a resource supply such as water.
Wetland means hydrologically sensitive areas which are identified by being inundated or
saturated by surface or groundwater with a frequency or duration sufficient to support,and under
normal conditions does support,a prevalence of vegetation typically adapted for life in saturated
soil conditions.Wetlands generally include includes swamps,marshes,bogs,and similar areas.
Wetland, estuarine means the area of mixing of saline,marine waters with freshwater drainage
from upland areas,and is subject to tidal inundation with a range of frequencies.The estuarine
wetlands include the salt marsh and the estuarine forested wetland areas of the community.
Wetland,palustrine means areas adjacent to the estuarine wetlands,which may be informally
defined as freshwater drainage features which may or may not have continuous connection to
tidal waters.
Wind sign means a sign which uses objects or material fastened in such a manner as to move
upon being subjected to pressure by wind,and shall include,pennants,ribbons,spinners,
streamers or captive balloons,however,the term wind sign shall not include flags.
Ordinance No.2015-5064 Page 39
exterior of a building.This does not include any item of merchandise normally displayed within
a Aore window.
Window or door sign,permanent means any sign visible from the exterior of a building or
structure which is painted,attached,glued,or otherwise affixed to a window or door-for-the
the passerby.
Work program means a five-year capital improvement plan that is financially feasible,as defined
by state statute,and which is adopted by the school district and the city and incorporated into the
capital improvement element of the city's comprehensive plan.The work program itemizes
planned public school facilities and includes the following:(a)all planned public school
facilities,including new construction,expansions,and renovations that will create additional
capacity,whether provided by the school district or through proportionate share mitigation;(b)
existing and projected enrollment of public school facilities;(c)the year in which each planned
public school facility will be undertaken;(d)the source of funding for each planned public
school facility and the year in which the funding becomes available;(e)the capacity created by
each planned public school facility;and(f)necessary data and analysis supporting the proposed
work program.
Yard means a required open space on the same lot with a principal or accessory building,
unoccupied and unobstructed from the ground upward,except by trees or shrubbery or as
otherwise provided herein.
Yard,front means a yard across the full width of the lot,extending from the front line of the
building to the front line of the lot.
Yard,side means an open unoccupied space on the same lot with the main building,situated
between the side line of the building and the adjacent side line of the lot,extending from the rear
line of the front yard to the front line of the rear yard.
Yard,rear means a yard extending across the full width of the lots measured between the rear
line of the lot and the rear line of the main building.
Zone of protection means that area within five hundred(500)feet of a public potable water
supply well.
Ordinance No 2015-5064 Page 40
SECTION 2. Except as amended by this ordinance,the terms and provisions of Article IV,
Definitions,of the City of Jacksonville Beach's Land Development Code,are hereby re-adopted and
ratified,and the forgoing amendments are incorporated therein.
SECTION 3. As used in this ordinance,language appearing in struck-through type is
language in the City Code of Ordinances to be deleted,and underlined language is language to be
added to the City Code of Ordinances,in the section,subsection,or other location where indicated.
Language in the City Code of Ordinances not appearing in this ordinance continues in full force and
effect unless the context clearly indicates otherwise.
SECTION 4. Severability.The provisions of this ordinance shall be deemed to be
severable.If any provision,definition,word or section within a definition of this ordinance is deemed
unconstitutional or otherwise invalid,such determination shall not affect the validity of any other
provision,definition,section or word of this ordinance.
SECTION 5. Effective Date.This Ordinance shall take effect immediately upon passage
and adoption.
SECTION 6. Codification of this ordinance in the Code of Ordinances of the City of
•
Jacksonville Beach is authorized and directed.
AUTHENTICATED THIS DAY OF ,2015.
Charles Latham, MAYOR
Laurie Scott,CITY CLERK
ij
,l
Ordinance No.2015-8064 Page 41
8
p1OVEMBERavenmber 19,2015 [Farmalt6ed:Font 11.5 pt 1
Introduced by:
First Reading:
Second Reading:
Formatted;Font~11.5 pt,Bold,Underline
1ti.AMENDED if Formatted:Left _ — �f
•. (Formatted:Font 11.5 pt
ORDINANCE NO.2015-8065
AN ORDINANCE RELATING TO SIGNS; PROVIDING FOR THE REPEAL OF THE (Formatted:Font:11.5 pt,Bold
EXISTING JACKSONVILLE BEACH SIGN ORDINANCE CODIFIED AT DIVISION IV,
ARTICLE VIII,CHAPTER 34(LAND DEVELOPMENT CODE)OF THE JACKSONVILLE
BEACH CODE OF ORDINANCES; PROVIDING FOR A NEW JACKSONVILLE BEACH
SIGN ORDINANCE IN PLACE OF DIVISION IV OF ARTICLE 34 (LAND
DEVELOPMENT CODE) OF THE JACKSONVILLE BEACH CODE OF ORDINANCES;
PROVIDING FOR A PURPOSE,INTENT AND SCOPE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR APPLICABILITY; PROVIDING FOR PROHIBITED SIGNS IN ALL
ZONING DISTRICTS;PROVIDING GENERAL PROVISIONS FOR SIGNS(SUCH AS THE
MEASUREMENT OF SIGN SIZE, MEASUREMENT OF SIGN HEIGHT, STREET
ADDRESS SIGNS,FLAGPOLES/FLAGS,FLAG BRACKETS/STANCHIONS/FLAGS,SIGN
ILLUMINATION FOR TEMPORARY AND PERMANENT SIGNS, VIEWPOINT
NEUTRALITY,SUBSTITUTION OF NONCOMMERCIAL SPEECH FOR COMMERCIAL
SPEECH,NONCOMMERCIAL ONSITE PARKING SPACE SIGNS,CONSENT OF LEGAL
OWNER OF PROPERTY, SIGNS ON PUBLIC PROPERTY, SIGNS THAT OBSTRUCT
MEANS OF EGRESS, SIGNS THAT INTERFERE WITH VENTILATION OPENINGS,
SIGNS MUST MAINTAIN CLEARANCE FROM UTILITIES AND SHALL NOT
INTERFERE WITH SURFACE AND UNDERGROUND WATER OR WITH DRAINAGE,
SIGNS SHALL NOT BE ATTACHED TO CERTAIN PROPERTY AND SHALL NOT
IMPAIR ROOF ACCESS, SIGNS DECLARED A NUISANCE AND REPAIR; SIGNS
PRESENTING IMMEDIATE PERIL TO PUBLIC HEALTH OR SAFETY, SIGNS AT
SERVICE STATION ISLANDS,WALL SIGNS AT RESTAURANTS, UMBRELLA SIGNS,
AWNING AND CANOPY SIGNS, CHANGEABLE COPY SIGNS, MONUMENT SIGNS,
WALL SIGNS, PROJECTING SIGNS, SIGNS FOR DRIVE-THRU BUSINESS
ESTABLISHMENTS, WINDOW SIGNS, AND DOOR SIGNS); PROVIDING FOR
ALLOWED TEMPORARY SIGNS IN ZONING DISTRICTS; PROVIDING FOR
ALLOWED PERMANENT SIGNS IN ZONING DISTRICTS;PROVIDING FOR BUILDING
PERMITS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NONCONFORMING
SIGNS; PROVIDING FOR MISCELLANEOUS SIGN PROVISIONS; PROVIDING FOR
PENALTIES; PROVIDING FOR AN AMENDMENT TO SECTION 34-640; PROVIDING
FOR SEVERABILITY IN GENERAL; PROVIDING FOR SEVERABILITY WHERE LESS Formatted:Font Bold
SPEECH RESULTS; PROVIDING FOR SEVERABILITY OF PROVISIONS PERTAINING Formatted:Font:115 pt,Bold
TO PROHIBI'CED ,NIGNS; PROVIDING,k OR SEVERABILITY OF PROHIBITION pN Formatted:Font Bold
BILLBOARDS;PROVIDING FOR AN AMENDMENT TO SECTIONS 34-336 THROUGH
Formatted:Fant:11.5 pt,Bold
34-348 TO IDENTIFY THE BUSINESS OF OUTDOOR ADVERTISING AS A PROHIBITED 5
USE IN ALL THIRTEEN OF THE CITY'S ZONING DISTRICTS; PROVIDING FOR THE Formatted:Font Bald _ 1
ADDITION OF SECTION 34-349 TO EXPRESSLY PROVIDE THAT THE BUSINESS OF (Formatted:Font 11.5 Pt,6ald
OUTDOOR ADVERTISING IS A PROHIBITED USE IN ALL ZONING DISTRICTS; AND
PROVIDING AN EFFECTIVE DATE.
Ordinance No.2015-5065 Pane 1
WHEREAS,the City of Jacksonville Beach finds and determines that it is appropriate to
update and revise its Land Development Code relative to signs;
WHEREAS,the City of Jacksonville Beach finds and determines that it is appropriate to
delete sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses,
sentences, phrases, words, and provisions of the existing ordinance which are obsolete or
superfluous, and/or which have not been enforced, and/or which are not enforceable, and/or
which would be severable by a court of competent jurisdiction;
WHEREAS,the City of Jacksonville Beach finds and determines that it is appropriate to
ensure that the Land Development Code as it relates to signs is in compliance with all
constitutional and other legal requirements;
WHEREAS,the City of Jacksonville Beach finds and determines that the purpose,—
intent and scope of provisions of its signage standards and regulations should be detailed so as to
further describe the beneficial aesthetic and other effects of the City's sign standards and
regulations, and to reaffirm that the sign standards and regulations are concerned with the
secondary effects of speech and are not designed to censor speech or regulate the viewpoint of
the speaker;
WHEREAS,the City of Jacksonville Beach finds and determines that the limitations on
the size (area),height,number, spacing,and setback of signs,adopted herein, areis based upon
the-sign types and sign functions;
WHEREAS, the City of Jacksonville Beach finds and determines that limitations on
ions-types-of signs are related to the zoning districts for the parcels and properties on which
they are located;
WHEREAS,the City of Jacksonville Beach finds and determines that various signs that
serve as signage for particular land uses, such as drive-through lanes for businesses, are based
upon content-neutral criteria in recognition of the functions served by those land uses, but not
based upon any intent to favor any particular viewpoint or control the subject matter of public
discourse;
WHEREAS,the City of Jacksonville Beach finds and determines that the sign standards
and regulations adopted hereby still allow adequate alternative means of communications;
WHEREAS,the City of Jacksonville Beach finds and determines that the sign standards and Formatted:Left,Indent:First line: Q",Space
regulations adopted hereby allow and leave open adequate alternative means of communications, 0 Pt
such as newspaper advertising and communications,Internet advertising and communications,
advertising and communications in shoppers and pamphlets,advertising and communications in
telephone books,advertising and communications on cable and satellite television,advertising
and communications on UHF and/or VHF television,advertising and communications on AM
and/or FM radio,advertising and communications on satellite and Internet
Ordinance No.2015-8065 Page 2
radio,advertising and communications via direct mail,and other avenues of communication
available in the City of Jacksonville Beach [see State v.J&J Painting,167 N.J.Super.384,400
A.2d 1204,1205(Super.Ct.App.Div. 1979);Board of Trustees of State University of New York
v.Fox,492 U.S.469,477(1989);Green v. City of Raleigh,523 F.3d 293,305-306(4th Cir.
2007);Maser Jewelers v. City of Concord,513 F.3d 27(1st Cir.2008);Sullivan v. City of
Augusta,511 F.3d 16,43-44(1st Cir.2007);La Tour v. Cit,o Fo etteville,442 F.3d 1094 1097
(8-th Cir.2006);Reed v. Town of Gilbert,Ariz.,587 F.3d 8966,980-981(9th Cir.2009)f'd in
part 8c remanded in 1Jart ort other grounds.832 F.Supp.2d 1070, 'd, 707 F.3d 1057, 1063
(9th Cir.2013),cert.granted. 134 S.Ct.2900j2014),rev'd on other grounds&remanded, 135
S.Ct.2218(2015)1;
WHEREAS,
the City of Jacksonville Beach fn do and determines that the provisions of
Division IV.Article8,Chapter 34(Land Development Code),City of Jacksonville Beach Code
of Ordinances,that replace the current Division IV are consistent with all applicable policies of
the City's adopted 2030 Comprehensive Plan;
W=EREAS,the City of Jacksonville Beach finds and determines that these amendments
are not in conflict with the public interest;
WHEREAS,the CIty of Jacksonville Beach finds and determines that these amendments
will not result in incompatible land uses;
WHEREAS, the City of Jacksonville Beach recognizes that under established Supreme
Court precedent, a law that is content-based is subject to strict scrutiny under the First -
Amendment of the U.S. Constltution, and such law must therefore satisfy a compelling
governmental interest;
WHEREAS, die City of Jacksonville Beach recognizes that under established Supreme
Court precedent, a compelling government interest is a higher burden than a substantial or
significant governmental interest;
WHEREAS, the City of Jacksonville Beach recognizes that under established Supreme
Court precedent, aesthetics is not a compelling governmental interest but is a substantial
governmental interest;
WHEREAS,REAS,the City of Jacksonville Beach recognizes that until a recent Supreme Court
decision released in June 2015,there had not been clarity as to what constitutes a content-based
law as distinguished from a content-neutral law;
V14-Ell S,the City of Jacksonville Beach recognizes that in Reed. v. Town of Gilbert,
Ariz.,—U.S.—, 135 S.Ct.2218,2221, 192 L. Ed.2d 236 (2015),the United States Supreme
Court,in an opinion authored by Justice Thomas,and joined in by Chief Justices Roberts,Scalia,
Alito,Kennedy and Sotomayer,addressed the constitutionality of a local sign ordinance that had
different criteria for different types of temporary noncommercial situs;
I
WHEREAS,the City of Jacksonville Beach recognizes that in Reed,the Supreme Court
held that content-based regulation is presumptively unconstitutional and requires a compelling
govern mental interest;
Ordinance No.2015-5065 Fade 3
WHEREAS,the City of Jacksonville Beach recognizes that in Reed,the Supreme Court
held that government regulation of speech is content based if a law applies to particular speech
because of the topic discussed or the idea or message expressed;
WHEREAS,the City of Jacksonville Beach recognizes that in Reed,the Supreme Court
held that even a purely directional message, which merely gives the time and location of a
specific event, is one that conveys an idea about a specific event, so that a category for
directional signs is therefore content-based,and event-based regulations are not content neutral;
WHEREAS,the City of Jacksonville Beach recognizes that in Reed,the Supreme Court
held that if a sign regulation on its face is content-based,neither its purpose, nor function, nor
justification matter,and the sign regulation is therefore subject to strict scrutiny and must serve a
compelling governmental interest;
WHEREAS.,the City of Jacksonville Beach recognizes that in Reed, Justice Alito in a
concurring opinion joined in by Justices Kennedy and Sotomayer pointed out that municipalities
still have the power to enact and enforce reasonable sign regulations;
WHEREAS, the City of Jacksonville Beach recognizes that Justice Alito in the
concurring opinion joined in by Justices Kennedy and Sotomayer provided a list of rules that
would not be content-based;
WHEREAS,the City of Jacksonville Beach recognizes that Justice Alito noted that these
rules,listed below,were not any e:comprehensive list of such rules;
WHEREAS, the City of Jacksonville Beach recognizes that Justice Alito included the
following rules among those that would not be content-based: (1) rules regulating the size of
signs,which rules may distinguish among signs based upon any content-neutral criteria such as
those listed below; (2) rules regulating the locations in which signs may be placed, which rules
may distinguish between freestanding signs and those attached to buildings; (3) rules
distinguishing between lighted and unlighted signs; (4)rules distinguishing between signs with
fixed messages and electronic signs with messages that change; (5) rules that distinguish
between the placement of signs on private and public property;(6)rules distinguishing between
the placement of signs on commercial and residential property;(7)rules distinguishing between
on-premises and off-premises signs [see discussion in Memorandum dated September 11, 2015 (Formatted:Font Italic
from Lawrence Tribe to Nancy Fletcher.President,Outdoor Advertising Association of America. Formatted:Fon ttaii: 1
re App_tvine the First Amendment to Regulations Distinguishing Between Off-premises and On-
premises Signs After Reed v. Town of Gilbert]; (8) rules restricting the total number of signs
allowed per mile of roadway;and(9)rules imposing time restrictions on signs advertising a one-
time event,where rules of this nature do not discriminate based on topic or subject and are akin
to rules restricting the times within which oral speech or music is allowed;
WHEREAS, the City of Jacksonville Beach recognizes that Justice Alito further noted
that in addition to regulating signs put up by private actors, government entities may also erect
their own signs consistent with the principles that allow governmental speech [see Pleasant
Grove City. Utah v.Sznnnnunn, 555 U.S.460,467-469(2009)1,and that government entities may
Ordinance No.2015-8065 Page 4
put up all manner of signs to promote safety, as well as directional signs and signs pointing out
historic sites and scenic spots;
WHEREAS,the City of Jacksonville Beach recognizes that Justice Alito noted that the
Reed decision, properly understood, will not prevent cities from regulating signs in a way that
fully protects public safety and serves legitimate esthetic objectives, including rules that
distinguish between on-premises and off-premises signs;
WHEREAS, the City of Jacksonville Beach recognizes that as a result of the Reed
decision,it is appropriate and necessary for local governments to review and analyze their sign
standards and regulations,beginning with their temporary sign standards and regulations,so as to
make the necessary changes to conform with the holding in Reed;
WHEREAS,the City of Jacksonville Beach recounizes that under established Supreme
Court precedent, commercial speech may be subject to greater restrictions than noncommercial
speech and that doctrine is true for both temporary signs as well as for permanent signs;
WHEREAS,the City of Jacksonville Beach finds and determines that under Florida law,
whenever a portion of a statute or ordinance is declared unconstitutional,the remainder of the act
will be permitted to stand provided:(1)the unconstitutional provisions can be separated from the
remaining valid provisions (2)the legislative purpose expressed in the valid provisions can be
accomplished independently of those which are void;;(3)the good and the bad features are not
so inseparable in substance that it can be said that the legislative body would have passed the one
without the other;;and(4)an act complete in itself remains after the valid provisions are stricken
[see,e.g., Waldrup v.Dugger,562 So.2d 687(Fla. 1990)];
WHEREAS,the City of Jacksonville Beach finds and determines that there have been
several judicial decisions where courts have not given full effect to severability clauses that
applied to sign regulations and where the courts have expressed uncertainty over whether the
legislative body intended that severability would apply to certain factual situations despite the
presumption that would ordinarily flow from the presence of a severability clause;
WHEREAS, the City of Jacksonville Beach finds and determines that the City has
consistently adopted and enacted severability provisions in connection with its ordinance code
provisions:; and that—the City wishes to ensure that severability provisions apply to its land
development regulations,including its sign standards regulations;
WHEREAS,the City of Jacksonville Beach finds and determines that there be an ample
record of its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the maximum extent possible, even if Iess speech would result from a
determination that any provision is invalid or unconstitutional for any reason whatsoever;
WHEREAS, the City of Jacksonville Beach finds and determines that objects and
devices such as graveyard and cemetery markers visible from a public area,vending machines (_Formatted:No underline
or express mail drop-off boxes visible from a public area, decorations that do not constitute
advertising visible from a public area, artwork that does not constitute advertising:—of a
building's architectural features visible from a public area, or a manufacturer's or seller's
markings on machinery or equipment visible from a public areaartwork, heliday er seasonal
Ordinance No.2015-8065 Page 5
. . . . -- - ..- , a-machine
signs),and memorial signs or tablets are not within the scope of what is intended to be regulated
through"land development"regulations that pertain to signage under Chapter 163 of the Florida
Statutes;
WHEREAS, the City of Jacksonville Beach finds and determines that the aforesaid
objects and devices are commonly excluded or exempted from being regulated as signs in land
development regulations and sign regulations, and that extending a regulatory regime to such
objects or devices would be inconsistent with the free speech clause of the First Amendment:
WHEREAS,the City of Jacksonville Beach finds and determines that it should continue
to prohibit discontinued signs regardless of whether or not there was any intent to abandon the
sign;
WHEREAS,the City of Jacksonville Beach finds and determines that a traffic control
device sign,exempt from regulation under the City's land development regulations for signage,
is any government sign located within the right-of-way that functions as a traffic control device
and that is described and identified in the Manual on Uniform Traffic Control Devices
(MUTCD) and approved by the Federal Highway Administrator as the National Standard, and
I that-according to the MUTCD traffic control device signs include those signs that are classified
and defined by their function as regulatory signs (that give notice of traffic laws or regulations),
warning signs(that give notice of a situation that might not readily be apparent),and guide signs
(that show route designations, directions, distances, services, points of interest, and other
geographical,recreational,or cultural information);
WHEREAS,the City of Jacksonville Beach finds and determines that it is appropriate to
prohibit certain vehicle signs similar to the prohibition suggested in Article VIII (Signs) of the
Model Land Development Code for Cities and Counties, prepared in 1989 for the Florida
Department of Community Affairs by the OF College of Law's Center for Governmental
Responsibility and by a professional planner with Henigar and Ray Engineering Associates,Inc.,
and that is nearly identical to Section 7.05.00(x) of the Land Development Regulations of the
Town of Orange Park, which were upheld against a constitutional challenge in Perkins v. Town
1 of Orange Park,2006 WL 5988235(Fla.4th Cir.Ct.);
WHEREAS,the City of Jacksonville Beach finds and determines that the city is a resort
community on the east coast of the state with several miles of beaches on the Atlantic Ocean and
that this the Ceity has an economic base which relies heavily on tourism;
WHEREAS, the City of Jacksonville Beach finds and determines that in order to
preserve the city as a desirable community in which to live,vacation and do business,a pleasing,
visually-attractive urban environment is of foremost importance;
WHEREAS,the City of Jacksonville Beach finds and determines that the regulation of
signs within the city is a highly contributive means by which to achieve this desired end,and that
the sign standards and regulations in Exhibit Ate attached to proposed Ordinance 2015-
8065Division IV are prepared with the intent of enhancing the urban environment and promoting
the continued well-being of the city;
Ordinance No.2015-8065 Page 6
WHEREAS,the City of Jacksonville Beach fmds and determines that Article II, Section
7,of the Florida Constitution,as adopted in 1968,provides that it shall be the policy of the state
to conserve and protect its scenic beauty;
WHEREAS,the City of Jacksonville Beach fmds and determines that the regulation of
signage for purposes of aesthetics is a substantial governmental interest and directly serves the
policy articulated in Article II, Section 7, of the Florida Constitution, by conserving and
protecting its scenic beauty;
WHEREAS,the City of Jacksonville Beach finds and determines that the regulation of
signage for purposes of aesthetics has long been recognized as advancing the public welfare;
WHEREAS, the City of Jacksonville Beach finds and determines that as far back as
1954 the United States Supreme Court recognized that "the concept of the public welfare is
broad and inclusive,"that the values it represents are "spiritual as well as physical, aesthetic as
well as monetary," and that it is within the power of the legislature "to determine that the
community should be beautiful as well as healthy, spacious as well as clean, well balanced as
well as carefully patrolled"[Justice Douglas in Berman v.Parker,348 U.S.26,33(1954)1;
WHEREAS, the City of Jacksonville Beach finds and determines that aesthetics is a
valid basis for zoning, and that the regulation of the size of signs and the prohibition of certain
types of signs can be based upon aesthetic grounds alone as promoting the general welfare [see
Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957);
E.B. Elliott Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert.
dismissed,400 U.S.8054(1970)1;
WHEREAS,the City of Jacksonville Beach finds and determines that the enhancement
of the visual environment is critical to a community's image and its continued presence as a
tourist destination;
WHEREAS,the City of Jacksonville Beach finds and determines that the sign control
principles set forth herein create a sense of character and ambiance that distinguishes the city as
one with a commitment to maintaining and improving an attractive environment;.
WHEREAS,the City of Jacksonville Beach finds and determines that the beauty of the
City of Jacksonville Beach,both with regard to its&natural and built and developed environment
has provided the foundation for the economic base of the City's development,and that the City's
sign regulations not only help create an attractive residential community for its residents,but also
bolster Jacksonville Beach's image as an international a tourist destination;
WHEREAS, the City of Jacksonville Beach finds and determines that the goals,
objectives and policies from planning documents developed over the years,demonstrate a strong,
long-term commitment to maintaining and improving the City's attractive and visual
environment;
WHEREAS,the City of Jacksonville Beach finds and determines that, from a planning
perspective, one of the most important community goals is to define and protect aesthetic
resources and community character;
Ordinance No.2015-8065 Page 7
WHEREAS,the City of Jacksonville Beach finds and determines that,from a planning
perspective, sign regulations are especially important to eetuntiescities with a tourist-based
economy, and that sign control can create a sense of character and ambiance that distinguishes
one community from another;
WHEREAS,the City of Jacksonville Beach finds and determines that two decades ago a- Formatted:Font Bold
growing number of cities had begun prohibiting pole signs; allowing only ground signs (also Formatted:Normal,Justified,Indent:First
referred to as monument signs), and that—monument signs are typically used andpreferred by line: OS',Space after, 12 pt
vacation resorts, planned communities,and other cities that seek a distinctive image;, and that
the City of Jacksonville Beach seeks to maintain that distinctive image for as part of its
community character;
WHEREAS, the City of Jacksonville Beach finds and determines that preserving and
reinforcing the uniqueness of a tourist community like Jacksonville Beach attracts tourists and,
more importantly, establishes a permanent residential and commercial base to ensure the future
viability of the community;
WHEREAS,the City of Jacksonville Beach finds and determines that tine purpose of the
regulation of signs as set forth in the-auao hed :isio, IV Exhiibit A to proposed Ordinance
2015-8065 is to promote the public health, safety and general welfare through a comprehensive
system of reasonable,consistent and nondiscriminatory sign standards and requirements;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
I regulations in Division IV Exhibit A to proposed Ordinance 2015-8065 -are intended to enable
the identification of places of residence and business;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
regulations in Division IV Exhibit A to proposed Ordinance 2015-8065-are intended to allow for
the communication of information necessary for the conduct of commerce;
WHEREAS, the City of Jacksonville Beach fids and determines that the sign
I regulations in Division IV Exhibit A to_proposed Ordinance 2015-8065 are intended to lessen
hazardous situations, confusion and visual clutter caused by proliferation, improper placement,
illumination, animation and excessive height, area and bulk of signs which compete for the
attention of pedestrian and vehicular traffic;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
I regulations in Division IV Exhibit A to proposed Ordinance 2015-8065 are intended to enhance
the attractiveness and economic well-being of the city as a place to live,vacation and conduct
business;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
I regulations in Exhibit A to proposed Ordinance 2015-8065 `tvisicn--EV are intended to protect
the public from the dangers of unsafe signs;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
I regulations in Division I* 'Exhibit A to proposed Ordinance 2015-8065 are intended to permit
Ordinance No.2015-8065 Page 8
signs that are compatible with their surroundings and aid orientation,and to preclude placement
of signs in a manner that conceals or obstructs adjacent land uses or signs;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
regulations in Division IV Exhibit_A to proposed Ordinance 2015-8065 are intended to
encourage signs that are appropriate to the zoning district in which they are located and which
are consistent with the category of use to which they pertain;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
regulations in Division IV Exhibit A to proposed Ordinance 2015-8065 are intended to curtail
the size and number of signs and sign messages to the minimum reasonably necessary to identify
a residential or business location and the nature of any such business;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
{ regulations in Division-14 Exhibit A to proposed Ordinance 2015-8065 are intended to establish
sign size in relationship to the scale of the lot and building on which the sign is to be placed or to
which it pertains;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
I regulations in Divi -I`V Exhibit A to proposed Ordinance 2015-8065 are intended to preclude
signs from conflicting with the principal permitted use of the site or adjoining sites;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
regulations in Division IV Exhibit A to proposed Ordinance 2015-8065 are intended to regulate
signs in a manner so as to not interfere with,obstruct the vision of or distract motorists,bicyclists
or pedestrians;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
I regulations in Division IV Exhibit A to proposed Ordinances 2015-8065 are intended to require
signs to be constructed,installed and maintained in a safe and satisfactory manner;
WHEREAS, the City of Jacksonville Beach finds and determines that the sign
regulations in Division 1V Exhibit A to proposed Ordinance 2015-8065 are intended to preserve
and enhance the natural and scenic characteristics of this €coastal resort community;
WHEREAS,the City of Jacksonville Beach fords and determines that the regulation of
signage was originally mandated by Florida's Local Government Comprehensive Planning and
Land Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this
requirement continues to apply to the City of Jacksonville Beach through Section 163.3202(2)(f),
Florida Statutes;
WHEREAS, the City of Jacksonville Beach finds and determines that itthe--Cit'y—oaf
Jacksonville Beach has adopted a land development code, known as the Land Development
Code, in order to implement its Ceomprehensive Pplan, and to comply with the minimum
requirements in the State of Florida's Growth Management Act, at Section 163.3202, Florida
Statutes,including the regulation of signage and future land use;
Ordinance No.2015-S065 Page 9
WHEREAS, the City of Jacksonville Beach finds and determines that the Land
Development Code is the manner by which the City has chosen required-to regulate signage;
WHEREAS, the City of Jacksonville Beach fmds and determines that the Land
Development Code and its signage regulations were and are intended to maintain and improve
the quality of life for all citizens of the City;
WHEREAS, the City of Jacksonville Beach finds and determines that in meeting the
purposes and goals established in these preambles,it is appropriate to prohibit and/or to continue
to prohibit certain sign types;
WHEREAS,the City of Jacksonville Beach finds and determines that consistent with the
foregoing preambles,it is appropriate to prohibit and/or to continue to generally prohibit the sign
types listed in Sec. 34-444 Prohibited Signs within deceribed in nr„:�:^r,-1 Exhibit A to
proposed Ordinance 2015-8065;
WHEREAS,the City of Jacksonville Beach finds and determines that billboards detract
from the natural and manmade beauty of the City;
WHEREAS, the City of Jacksonville Beach agrees with the American Society of
Landscape Architects' determination that billboards tend to deface nearby scenery, whether
natural or built, rural or urban and the Sierra Club's opposition to billboard development and
proliferation and the American Society of Civil Engineers Policy Statement 117 on Aesthetics
that aesthetic quality should be an element of the planning, design, construction, operations,
maintenance, renovation, rehabilitation, reconstruction, and security enhancement of the built
environment;
WHEREAS„ the City of Jacksonville Beach recognizes that states such as Vermont,
Alaska, Maine, and Hawaii have prohibited the construction of billboards in their states and are
now billboard-free in an effort to promote aesthetics and scenic beauty;
WHEREAS,the City of Jacksonville Beach finds and determines that the prohibition of
the construction of billboards and certain other sign types, as well as the establishment and
continuation of height, size and other standards for on-premise signs, is consistent with the
policy set forth in the Florida Constitution that it shall be the policy of the state to conserve and
protect its scenic beauty;
WHEREAS,the City of Jacksonville Beach agrees with the courts that have recognized
that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as
seen from the highway,whether the view is untouched or ravished by man, and that it would be
unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic
improvement [see E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5tht Cir.
1970), cert. dismissed, 400 U.S. 805$,78 (1970); John Donnelly & Sons, Inc. v. Outdoor
Advertising Bd.,339 N.E.2d 709,720(Mass. 1975)];
WHEREAS,the City of Jacksonville Beach recognizescinds that local governments may
separately classify off-site and on-site advertising signs in taking steps to minimize visual
Ordinance No.2015-S065 Page 10
pollution [see City of Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414
So.2d 1030, 1032(Fla. 1982)];
WHEREAS,the City of Jacksonville Beach finds and determines that billboards attract
the attention of drivers passing by the billboards,thereby adversely affecting traffic safety and
constituting a public nuisance and a noxious use of the land on which the billboards are erected;
WHEREAS, the City of Jacksonville Beach finds, determines and recognizes that
billboards are a form of advertisement designed to be seen without the exercise of choice or
volition on the part of the observer,unlike other forms of advertising that are ordinarily seen as a
matter of choice on the part of the observer [see Packer v. Utah, 285 U.S. 105 (1932); and
General Outdoor Advertising Co. v. Department of Public Works,289 Mass. 149, 193 N.E. 799
(1935)];
WHEREAS, the City of Jacksonville Beach acknowledges that the United States. Formatted:Normal,Jut:Ned,Indent:First
Supreme Court and many federal courts have accepted legislative judgments and determinations line: 0.5",Don't adjust space between Latin
and Asian text,Don't adjust space between
that the prohibition of billboards promotes traffic safety and the aesthetics of the surrounding Asian text and numbers
area.[see Markham Adver. Co. v. State, 73 Wash.2d 405,439 P.2d 248(1969),avow!dismissed
for want of a substantial federal question, 439 U.S. 808 (1978); Markham Adver. Co.. Inc. v.
State, Case No. 648, October Term, 1968, Appellants' Jurisdictional Statement, 1968. WL
129277 (October 14. 1968); Suffolk Outdoor Adver. Co.. Inc. v. Hulse. 43 N.Y.2d 483, 372
N.E.2d 263 (1977). appeal dismissed for want of a substantial federal question,439 U.S. 808
(1978); Suffolk Outdoor Adver. Co., Inc. v. Hulse, Case No. 77-1670, October Term, 1977,
Appellant's Jurisdictional Statement(March 23J978); .: . - I
US. 808(1978);Metromedia,Inc.v.City of San Diego,453 U.S.490,509-510(1981);;lfembers
of the City Council of the City of Los Angeles v. Taxpayers for Vincent,466 U.S. 789, 806-807
(1984), City of Cincinnati v. Discovery Network, Inc.. 507 U.S. 410, 425 and 442 (1993);
National Advertising Co. v. City and&CountyTmi n of Denver,912 F.2d 405505,409(10th Cir.
1990),and Outdoor Systems,Inc.v.City of Lenexa,67 F.Supp.2d 1231, 1239(D.Kan.1999)];
WHEREAS,the City of Jacksonville Beach finds,determines and recognizes that on-site
business signs are considered to be part of the business itself, as distinguished from off-site
outdoor advertising signs, and f that it is well-recognized that the unique
nature of outdoor advertising and the nuisances fostered by billboard signs justify the separate
classification of such structures for the purposes of governmental regulation and restrictions [see
E. B. Elliott Adv. Co_ v, Metropolitan Dade Town, 425 F.2d 1141, 1153 (5th Cir. 1970), cert.
denied,400 U.S. 805878,91 S.C. 12,27 L. Ed.2d 35 (1970),quoting United Advertising Coip.
v.Borough of Raritan,1 1 N.J. 144,93 A.2d 362,365(1952)];
WHEREAS, the City of Jacksonville Beach finds and determines that a prohibition on
the erection of off-site outdoor advertising signs will reduce the number of driver distractions
and the number of aesthetic eyesores along the roadways and highways of the CityT-ewn[see,
e.g., E. B. Elliott Adv. Co. v. Metropolitan Dade Counts/Town, 425 F.2d 1141, 1154 (5th Cir.
1970),cert. denied,400 U.S.805878(1970)];
WHEREAS,the City of Jacksonville Beach finds and determines that billboard signs are
public nuisances given their adverse impact on both traffic safety and aesthetics;
Ordinance No.2015-8065 Page 11
WHEREAS, the City of Jacksonville Beach finds and determines that billboards are a
traffic hazard and impair the beauty of the surrounding area, and the prohibition of the
construction of billboards will reduce these harms [see Outdoor Systems, Inc. v. City of Lenexa,
67 F._Supp._2d 1231, 1239(D.Kan. 1999)];
WHEREAS, the City of Jacksonville Beach finds and determines that the presence of
billboards along the federal interstate and the federal-aid primary highway systems has prevented
public property in other jurisdictions from being used for beautification purposes due to view
zones established by state administrative rule;
WHEREAS, the City of Jacksonville Beach recognizes that Scenic America, Inc.
recommends improvements in the scenic character of a community's landscape and appearance
by prohibiting the construction of billboards,and by setting height, size and other standards for
on-premise signs[see Scenic America's Seven Principles for Scenic Conservation,Principle#5];
WHEREAS, the City of Jacksonville Beach recognizes that more than three hundred
Florida communities have adopted ordinances prohibiting the construction of billboards in their
communities in order to achieve aesthetic, beautification, traffic safety, and/or other related
goals;
WHEREAS, the City of Jacksonville Beach finds and determines that in order to
preserve, protect and promote the safety and general welfare of the residents of the City, it is
necessary to regulate off-site advertising signs, commonly known as billboard signs or
billboards, so as to prohibit the construction of billboards in all zoning districts, and to provide
that the foregoing provisions shall be severable;
WHEREAS, the City of Jacksonville Beach finds and determines that the continued
prohibition of billboards as set forth herein will improve the beauty of the City, foster overall
improvement to the aesthetic and visual appearance of the City, preserve and open up areas for
beautification on public property adjoining the public roadways, increase the visibility,
readability and/or effectiveness of on-site signs by reducing and/or diminishing the visual clutter
of off-site signs, enhance the City as an attractive place to live and/or work, reduce blighting
influences,and improve traffic safety by reducing driver distractions;
WHEREAS, the City of Jacksonville Beach wishes to assure that new billboards are
effectively prohibited as a sign-type within the City;
WHEREAS,the City of Jacksonville Beach hefeby-finds and determines that anything
beside the road which tends to distract the driver of a motor vehicle directly affects traffic safety,
and that signs,which divert the attention of the driver and occupants of motor vehicles from the
highway to objects away from it, may reasonably be found to increase the danger of accidents,
and agrees with the courts that have reached the same determination [see In re Opinion of the
Justices, 103 N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N.W.2d 741
(N.D.1 O78)]; Formatted;Normal,Justified,Indent:Fust
line: 0.5",Don't adjust space between Latin
and Asian text,Don't adjust space between
WHEREAS.the City of Jacksonville Beach acknowledges that the Seven Justices' views-. Asian text and numbers
in Metromedia, as expressly recognized in the later Supreme Court decisions in Taxpayers for (Formatted:Font:1z pt
Vincent and Discorerav Network-have neve_ been e e uma..,• and inthat more than a dozen Formatted:Four.iz pt
Ordinance No.2015-8065 Page 12
published Circuit Court of Appeal decisions followined Metromedia, on the permissible - {Formatted:Font 12 pt
distinction between onsite signs and offsite signs-when it comes to government's substantial -{Formatted:Font 12 pt
interest in prohibiting the latter sign type (the offsite sign), including: Major Media of the
Southeast, Inc. v. City of Raleigh, 792 F.2d 1269, 1272 (4th Cir. 1986); Georgia Outdoor
Advertising, Inc. v. City of Waynesville, 833 F.2d 43,45-46 (4th Cir. 1987);-Naegele Outdoor
Adver., Inc. v.City of Durham, 844 F.2d 172, 173-174(4th Cir. 1988);Nat'l Adver. Co. v. City
and County of Denver, 912 F.2d 405, 408-411 (10th Cir. 1990);Nat'l Adver. Co. v. Town of
Niagara. 942 F.2d 145, 157-158 (2nd Cir. 1991); Outdoor Systems, Inc. v. City of Mesa, 997
F.2d 604,610-612(9th Cir. 1993);Outdoor Graphics,Inc. v. City of Burlington, Iowa, 103 F.3d
690,695 (8th Cir. 1996);Ackerley Communications of Northwest v.Krochalis, 108 F.3d 1095,
1099(9th Cir. 1997);Southlake Property Associates,Ltd. v.City of Morrow, Ga., 112 F.3d 1114,
1117.1119(11th Cir. 1997), cert. denied, 525 U.S. 820 (1998);Bad Frog Brewery, Inc. v.New Formatted:Font 12 pt,Not Italic
York State Liquor Authority, 134 F.3d 87,99(2nd Cir. 1998);Lavey v. City of Two Rivers, 171 Formatted:Font 12 pt
F.3d 1110, 1114-1115 (7th Cir. 1999); Long Island Bd. of Realtors, Inc. v. Incorp. Village of
Massapequa Park, 277 F.3d 622, 627 (2n,d Cir. 2002); Clear Channel Outdoor. Inc. v. City of -_.- {Formatted:Font 12 pt
Los Angeles,340 F.3d 810,814-816(9th 2003);Riel v.City of Bradford,485 F.3d 736,753 (3rd
Cir. 2007);Naser Jewelers, Inc. v. City of Concord, N.H., 513 F.3d 27,36 (1st Cir.2008); and
RTM Media,L.L.C. v. City of Houston,584 F.3d 220,225(5th Cir.2009);
•(Formatted:Font:12 pt
F - - - Formatted:Normal,Justified,Indent First
line: 0.5",Dont adjust space between Latin
WHEREAS,the City of Jacksonville Beach recognizes that the distinction between the and Asian tad,Dont adjust space between
location of off-premises signs and on-premises signs is a time,place and manner regulation,and Asian text and numbers
recognizes that in 1978 igSuffolk Outdoor,over the objection of Justices Blackmun and Powell (Formatted:Font Bold
the U.S. Supreme Court denied review of the underlying decision for the want of a substantial :I-Formatted:Font 12 pt
federal question and that the denial on this basis was a decision on the merits, wherein the (Formatted:Font 12 pt
decisions was framed by the petitioner's jurisdictional statement which presented its firstFormatted:Font:12 pt
question as`to whether a total ban on billboards within ark entire municipality was constituional,''.,,,',, ( arced:Font 12 pt
claiming that this disparate treatment of off-premises billboards from on-premises accessory (Formatted:Font:12 pt
signs was a violation of the First Amendment; (Formatted:Font iz pt
WHEREAS, the City of Jacksonville Beach acknowledges that the significance of .,,,`,(
Formatted:Font:12 pt
ISuffolk Outdoor is that it was a merits decision that recognized that it is constitutionall ' Formatted:Font 12 pt
permissible to distinguish between on-site signs and off-site signs (Billboards) for regulatory ',,, Formatted:Font 12 pt
purposes,and to ban the latter,and that this merits decision has never been overturned Formatted:Font 12 Pt 3
WHEREAS, the City of Jacksonville Beach finds and determines consistent with the •,`'Formatted:Font 12 pt
� Formatted:Font 12 pt
foregoing preambles,that the business of outdoor advertising should be a prohibited use in each ,• Formatted:Font:Bold
of the City's zoning districts and in all of the City's zoning districts; Formatted:Normal,Justified,Indent:First
line: 0.5',Don't adjust space between Latin
WHEREAS,the City of Jacksonville Beach finds and determines that it is appropriate to Y, % and Asian text,Don't adjust space between
prohibit discontinued signs and/or sign structures because the same visually degrade the Asian text and numbers
community character and are inconsistent with the general principles and purposes of Division Formatted:Font 12 pt
IV-1S as set forth in Exhibit A to proposed Ordinance No.2015-8065; (Formatted:Font 12 pt
;;' Formatted:Font 12 pt
WHEREAS,the City of Jacksonville Beach finds and determines that under state law, ;;(Formatted:Font:12 pt
which may be more permissive than local law, a nonconforming sign is deemed"discontinued" Formatted:Font 12 pt j
when it is not operated and maintained for a set period of time'z,. ,mss,and the following Formatted:Font:Not Bold
Ordinance No.2015-8065 Page 13
conditions under Chapter 14-10, Florida Administrative Code, shall be considered failure to
operate and maintain the sign so as to render it a discontinued sign: (1)signs displaying only an
"available for lease"or similar message;(2)signs displaying advertising for a product or service
which is no longer available;or(3) signs which are blank or do not identify a particular product,
service,or facility;
WHEREAS, the City of Jacksonville Beach finds and determines that in the current
definitions applicable to the current sign standards, signs or sign structures are considered
abandoned or discontinued signs or sign structures with or without intent when the owner fails to
operate or maintain a sign for a period of sixty(60)days or longer and the definition for the sane
lists the criteria that shall be considered as the failure to operate or maintain a sign,and whereas
the City wishes to extend that sixty(60)day period to a longer period of time,and to expressly
set forth that the intent of the owner shall not be a consideration in whether or not a sign meets
the definition ofis a discontinued sign:
WHEREAS,the City of Jacksonville Beach finds and determines that it is appropriate to
specify that in addition to land development regulations identified in Division IV Exhibit A to
proposed Ordinance 2015-8065, signs shall comply with all applicable building and electrical
code requirements;
WHEREAS, the City of Jacksonville Beach finds and determines that the City has
allowed noncommercial speech to appear wherever commercial speech appears; and the City
desires to continue that practice hr. including athrough the specific inclusion-of a substitution
clause that expressly allows non-conunercial messages to be substituted for commercial
messages;
WHEREAS,the City of Jacksonville Beach finds and determines that by confirming in
its ordinance that noncommercial messages are allowed wherever commercial messages are
permitted, the City will continue to overcome any constitutional objection that its ordinance
impermissibly favors commercial speech over noncommercial speech[see Outdoor Systems,Inc.
v. City of Lenexa,67 F.Supp.2d 1231, 1236-1237(D.Kan. 1999)];
WHEREAS,the City of Jacksonville Beach finds and determines that the district court in Formatted:Font:(Default)limes New
Granite State Outdoor Advertising, Inc. v. City of Jacksonville Beach, Fla. (Granite- Raman,i2 pt
Clearwater), 213 F.Supp.2d 1312 (M.D.Fla. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112 (11th Cir. 2003), cert. denied, 543 U.S. 813 (2004), cited the Formatted:Font:(Default)Times New
severability provisions of both Section 1-107 of the Code and the Development Code, Ord.No. Roman,12 pt
6348-99,§4(January 21, 1999),as a basis for severing isolated portions of Article 3 of the Land
Development Code[see Granite-Clearwater at 1326,11.22];
WHEREAS, the City of Jacksonville Beach finds and determines that the Land
Development Code's severability clause was adopted with the intent of upholding and sustaining
as much of the City's regulations, including its sign regulations,as possible in the event that any
portion thereof (including any section, sentence, clause or phrase) be held invalid or
unconstitutional by any court of competent jurisdiction;
Ordinance No.2015-8065 Page 14
-, •- • . - -d determines that under Florida law;
whenever a portion-of a statute or ord •.. - . . .•al;-411e-rindee. e-^,yet
accomplished independently of those which are void,(3)the good and the-bad features are not so
inseparabl• - - . .. .._ -_ .- .
[sec,e.g., li'aidr-up r. Duggcr,562 So.2d 687(Fla. 1900)];
several judicial decisions where courts have not given full effect to severability clauses that
pplied to sign regulations and where the courts have expressed unceftaiaty over whether the
legislative body intended that severability would apply to certain factual situations despite the
prestr tion that would ordinarily flow from th - .. - . ;
WHEREAS,the City of Jacksonville Beach finds and determines that the failure of some
courts to uphold severability clauses has led to an increase in litigation seeking to strike down
sign ordinances in their entirety so as to argue that the developers' applications to erect
prohibited sign types,such as billboards,must be granted;
WHEREAS, the City of Jacksonville Beach finds and determines that the City ha,
consistently adopted and enacted severability provisions in connection with its ordinance code
provisions, and that the City of Jacksonville Beach wishes to ensure that severabi-1 provisions
apply to its-land development regulations, including its sign regulation
WHEREAS,the City of Jacksonville Beach finds and determines that there be an ample
record of its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the maximum extent possible,even if less speech would result from a
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever;
WHEREAS,the City of Jacksonville Beach finds and determines that the prohibition on
billboards, as contained herein, continue in effect regardless of the invalidity or
unconstitutionality of any, or even all, other provisions of the City's sign regulations, other
ordinance code provisions,or other laws,for any reason(s)whatsoever;
WHEREAS,the City of Jacksonville Beach fmds and determines that there be an ample
record that it intends that the height and size limitations on free-standing and other signs
continue in effect regardless of the invalidity or unconstitutionality of any, or even all other,
provisions of the City's sign regulations,other ordinance code provisions,or other laws,for any
reason(s)whatsoever;
WHEREAS,the City of Jacksonville Beach fmds and determines that there be an ample
record that it intends that each prohibited sign-type continue in effect regardless of the invalidity
or unconstitutionality of any, or even all, other provisions of the City's sign regulations, other
ordinance code provisions,or other laws,for any reason(s)whatsoever;
Ordinance No.2015-5065 Page 15
WHEREAS, the City of Jacksonville Beach fmds and determines that it is aware that
there have been billboard developers who have mounted legal challenges to a sign ordinance,
either in its entirety or as to some lesser portion,and argued that there existed a vested right to
erect a billboard through the mere submission of one or more prior permit applications,so that in
the event that the billboard developer is successful in obtaining a judicial decision that the
entirety or some lesser portion of a sign ordinance or its permitting provisions are invalid or
unconstitutional,the billboard developer might then seek to compel the local governmental unit
to issue a permit to allow the billboard developer to erect a permanent billboard structure within
the local government's jurisdiction;and
WHEREAS,the City of Jacksonville Beach finds and determines that it desires to make
clear that billboards are not a compatible land use within the City and that there can be no good
faith reliance by any prospective billboard developer under Florida vested rights law in
connection with the prospective erection or construction of new or additional billboards within
the jurisdictional limits of the City;
WHEREAS,the City of Jacksonville Beach finds and determines that it is appropriate to . -{Formatted:Font Bold 1
allow for the display of allowable temporary signage without any prior restraint or permit
requirement;
WHEREAS,the City of Jacksonville Beach finds and determines that it is appropriate to
prohibit direct illumination of the surface of any temporary sign but such prohibition shall not be
construed to constrain the general illumination of flags and flagpoles unless otherwise expressly
prohibited;
WHEREAS, the City of Jacksonville Beach finds and determines that when an {Formatted:Font:Bold
application for a permanent sign is deemed denied that the applicant shall have an avenue to
immediately request in writing via certified mail to the City a written explanation as to why the
application was not approved and the City shall promptly respond in writing and provide the
reason(s)the application was not approved [see Covenant Media of South Carolina, LLC v. City_ -..--{Formatted:Font Italic
North Charleston,493 F.3d 421,435-437(4th Cir.2007);
WHEREAS,the City of Jacksonville Beach finds and determines that an applicant for a . {Formatted:Font Bold
permanent sign who is aggrieved by the decision of the director of planning and development
upon a sign permit application, or aggrieved by any failure by the director of planning and
development or by any other city official to act upon a sign permit application in accordance
with the Land Development CodeG, shall have the right to seek judicial review by the Circuit
Court of the Fourth Judicial Circuit in and for Duval County, Florida,or by any other court of
competent jurisdiction, filed in accordance with the requirements of law, seeking such
appropriate remedy as may be available;
WHEREAS%the City of Jacksonville Beach finds and determines that there have been- - Formatted:Font:(Default)Times New
reported instances of persons claiming under oath to have submitted applications to local Roman,12 pt Bold
governments but with no record of those applications ever having been delivered or left with the Formatted:Justified,Indent First line: 0.5",
pt
local government for processing,followed by claims that the local government had then failed to space asber >i
act on the purported applications for an inordinate length of time and had thereby infringed upon o rnmatt1ezd tFont:(Default)Times New
the constitutional rights of the applicant;
Ordinance No.2015-8065 Page 16
WHEREAS the City of Jacksonville Beach finds and determines that local governments_ Formatted:Font:(Default)limes New
are vulnerable to schemes whereby false assertions are made as to the delivery or submission of Roman,12 pt,Bold
sign permit applications when in fact such applications were never submitted or left with city Formatted:Font:(Default)Times New
officials and claims of unconstitutional failures to timely act upon the applications are then made Roman,12 pt
so as to obtain permits that could otherwise not be granted;
WHEREAS,the City of Jacksonville Beach finds and determines that the "deemed Formatted:Font:(Default)Times New
denial" of applications after the passage of a set amount of time after their purported submission Roman,12 pt Bold
dates protects local governments from schemes to obtain ineligible permits, and is a fair Formatted:Font:(Default)Times New
resolution when balanced by a right of thean applicant to submit a request to the local Roman,lz pt
government,via certified mail,for an explanation for lack of action on apurported applications nt(Default)Times NewRoman,12 pt
and for the reason(s) for the lack of approval so as to ensure that the local government has the Formatted:Font:(Default)Times New
opportunity to act on an applications if no applications had initially been submitted or had been Roman,12 pt
misplaced or lost; Formatted:Font(Default)Times New
Roman,12 pt
WHEREAS, the City of Jacksonville Beach finds and determines that this opportunity for an Formatted:Font(Default)Times New
applicant to make such request,s via certified mail, provides an additional chance to secure an Roman,12 pt
explanation of the reason(s)for no approval within a defined and short period of time and also aids in Formatted:Font:(Default)Times New
the protection of the applicant's rights, especially when combined with access by the applicant to a Roman,12 pt
judicial remedy for no response to such a request; Formatted:Font:(Default)Times New
Roman,12 pt
WHEREAS,the City of Jacksonville Beach finds and determines that an applicant shall (Formatted:Font:Bold
have access to prompt judicial relief underin the circumstances where an applicant's sign permit -----{Formatted:Font Bold
application is either denied,deemed denied or not approved in a timely manner, as set forth in
the City's sign permitting regulations, and acknowledges that the display of temporary signs in
compliance with the City's sign standards and regulations is not subject to any permitting
whatsoever;and
WHEREAS, the City of Jacksonville Beach finds and determines that it is appropriate -I Formatted:Font:Bold
that there shall be no criminal penalties for a violation of Division IV,Article 8, Chapter 34 of
the (Land Development Code), City of Jacksonville Beach Code of Ordinances, and that any
penalty for a violation of Division IV shall be limited to civil penalties only;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE BEACH,FLORIDA:
SECTION 1. Division IV, Article VIII, Chapter 34 (Land Development Code), of the
Jacksonville Beach Code of Ordinances,shall be deleted in its entirety.
SECTION 2. Division IV, Article VIII, Chapter 34 (Land Development Code), of the
Jacksonville Beach Code of Ordinances,consisting of Sections 34-441 through 34-453,shall be
adopted to replace the current Division IV and shall provide as set forth in EXHIBIT A hereto.
SECTION 3. Section 34-640.Shall be revised to read:
Sec.34-640. Criminal penalties.
Ordinance No.2015-8065 Page 17
Any person violating any provisions of the LDC or who shall fail to abide by and obey all
orders and resolutions promulgated as herein provided,shall be guilty of a misdemeanor,and
shall be subject to all criminal penalties authorized by State of Florida for such violation. Each
day that the violation continues shall constitute a separate violation. This section shall not apply
to Division IV of Article 34(Land Development Code)of the Jacksonville Beach Code of
Ordinances.
SECTION 4. Section 34-336.-Residential,single-family:RS-1,shall be revised to add
I a subsectilon(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 5. Section 34-337.-Residential,single-family:RS-2,shall be revised to add
a subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 6. Section 34-338.-Residential,single-family:RS-3,shall be revised to add
a subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 7. Section 34-339.-Residential,multi-family:RM-1,shall be revised to add
a subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 8. Section 34-340.-Residential,multi-family:RM-2,shall be revised to add
a subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 9. Section 34-341.-Commercial professional office:CPO,shall be revised
to add a subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 10. Section 34-342.-Commercial limited:C-1,shall be revised to add a
subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 11. Section 34-343.-Commercial limited:C-2,shall be revised to add a
subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 12.Section 34-344.-Commercial service:CS,shall be revised to add a
subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 13.Section 34-345.—Central business district:CBD,shall be revised to add a
subsection(k) as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 14.Section 34-346.-Industrial district I-1,shall be revised to add a
subsection(k)as follows:(k)Prohibited use:The business of outdoor advertising.
SECTION 15. Section 34-347.-Redevelopment district-RD,shall be revised to add a
subsection(c)(3).i.2.ii.o)as follows:(c)(3).i.2.ii.o).Outdoor advertising.
Ordinance No.2015-8065 Page 18
SECTION 16. Section 34-348.-Planned unit development district-PUD,shall be
revised to add a subsection(o)as follows:(o)Prohibited use: The business of outdoor
advertising.
SECTION 17. Section 34-349.-Outdoor advertising a prohibited use in all zoning
districts shall be added to provide as follows:
Section 34-349.-Outdoor advertising a prohibited use in all zoning districts. The
business of outdoor advertising is a prohibited use in all City zoning districts.
SECTION 18. Effective Date.This Ordinance shall take effect immediately upon passage
and adoption.
SECTION 19. Codification of this ordinance in the Code of Ordinances of the City of
Jacksonville Beach is authorized and directed.
AUTHENTICATED THIS DAY OF ,A.D.,2015.
William C.Latham,MAYOR
Laurie Scott,CITY CLERK
Ordinance No.2015-8065 Page 19
NOVEMBER 197, 2015 { :teft
L U,:Font 18 pt
EXHIBIT A
TO
ORDINANCE NO. 2015-8065
Ordinance No.2015-8065 Exhibit A,Cover
DIVISION 4.—SIGN STANDARDS
34-441. Purpose,Intent and Scope.
34-442. Definitions.
34-443. Applicability.
34-444. Prohibited Signs.
34-445. General Provisions for Signs.
(1)Measurement of Sign Size(Sign Area).
(2)Measurement of Sign Height of a Freestanding Sign.
(3)Sign Illumination for Temporary and Permanent Signs.
(4)Viewpoint Neutrality.
(5)Substitution of Noncommercial Speech for Commercial Speech.
(6)Consent of Legal Owner of Property.
(7)Signs on Public Property.
(8)Signs That Obstruct Means of Egress.
(9)Signs That Interfere with Ventilation Openings.
(10)Signs Must Maintain Clearance from Utilities and Shall Not Interfere with
Surface and Underground Water or with Drainage.
(11)Signs Shall Not Be Attached to Certain Property and Shall Not Impair Roof
Access.
(12)Signs Declared a Nuisance and Repair;Signs Presenting Immediate Peril to
Public Health or Safety.
(13)Street Address Signs.
(14)Flagpoles and Flags;Flag Brackets,Flag Stanchions and Flags.
(15)Noncommercial Onsite Parking Space Signs.
(16)Signs at Service Station Islands..
(17)Monument Signs.
(18)Wall Signs.
(19)Wall Signs at Restaurants.
(20)Drive-Through Lane Signs.
(21)Umbrella Signs.
(22)Awning Signs
(23)Canopy Signs.
(24)Changeable Copy Signs.
(25)Projecting Signs.
(26)Window Signs.
(27)Door Signs.
34-446.Allowed Temporary Signs in Zoning Districts.
34-447.Allowed Permanent Signs in Zoning Districts.
(1) Single-Family Residential Zoning Districts(RS-1,RS-2,RS-3).
(2) Multi-Family Residential Zoning Districts(RM-1,RM-2).
(3) Commercial Zoning Districts(CPO,C-1,C-2,CS).
(4) Central Business Zoning District(CBD).
(5) Industrial Zoning District(I-1).
(6) Redevelopment Zoning District(RD).
(7) Planned Unit Development Zoning District(PUD).
Ordinance No.2015-8065 Exhibit A,Page 1 of 35
34-448. Building Permits.
34-449. Sign Permits.
34-450. Nonconforming Signs.
34-451. Miscellaneous Provisions.
34-452. Penalties.
34-453. Severability.
Sec.34-441. Purpose,Intent and Scope.
It is the purpose of this division to promote the public health,safety and general welfare
through reasonable,consistent and non-discriminatory sign standards.The sign regulations in
this division are also designed and intended to meet the statutory requirement that this
municipality adopt land development regulations that regulate signage,a requirement set forth in
Section 163.3202(f),Florida Statutes.The sign regulations in this division are not intended to
censor speech or to regulate viewpoints,but instead are intended to regulate the adverse
secondary effects of signs.The sign regulations are especially intended to address the secondary
effects that may adversely impact aesthetics and safety.The sign regulations are designed to
serve substantial governmental interests and,in some cases,compelling governmental interests
such as traffic safety and warning signs of threats to bodily injury or death.
This division regulates signs,as defined in this Land Development Code,which are
placed on private property or on property owned by public agencies including the city and over
which the city has zoning authority.This division is not intended to extend its regulatory regime
to objects that are not traditionally considered signs for purpose of government regulation.
The city of Jacksonville Beach is primarily a single family residential and small resort
community on the east coast of Florida.The eastern boundary of the city is the Atlantic Ocean
and the western boundary is the Atlantic Intracoastal Waterway(Pablo Creek).The economic
base of the city is heavily dependent on visitors from the Northeast Florida and Southeast
Georgia area,as well as other areas of the United States.In order to preserve and promote the
city as a desirable community in which to live,vacation and do business,a pleasing,visually
attractive environment is of foremost importance.The regulation of signs within the city is a
highly contributive means by which to achieve this desired end.
These sign regulations have been prepared with the intent of enhancing the visual
environment of the city and promoting its continued well-being,and are intended to:
(1) Encourage the effective use of signs as a means of communication in the city;
(2) Maintain and enhance the aesthetic environment and the city's ability to attract
sources of economic development and growth;
(3) Improve pedestrian and traffic safety;
(4) Minimize the possible adverse effect of signs on nearby public and private
property;
Ordinance No.2015-8065 Exhibit A,Page 2 of 35
(5) Foster the integration of signage with architectural and landscape designs;
(6) Lessen the visual clutter that may otherwise be caused by the proliferation,
improper placement,illumination,animation,excessive height,and excessive size(area)of signs
which compete for the attention of pedestrian and vehicular traffic;
(7) Allow signs that are compatible with their surroundings and aid orientation,while
precluding the placement of signs that contribute to sign clutter or that conceal or obstruct
adjacent land uses or signs;
(8) Encourage and allow signs that are appropriate to the zoning district in which they
are located;
(9) Establish sign size in relationship to the scale of the lot and building on which the
sign is to be placed or to which it pertains;
(10) Preclude signs from conflicting with the principal permitted use of the site and
adjoining sites;
(11) Regulate signs in a manner so as to not interfere with,obstruct the vision of or
distract motorists,bicyclists or pedestrians;
(12) Except to the extent expressly preempted by state or federal law,ensure that signs
are constructed,installed and maintained in a safe and satisfactory manner,and protect the public
from unsafe signs;
(13) Preserve,conserve,protect,and enhance the aesthetic quality and scenic beauty of
all districts of the city;
(14) Allow for traffic control devices consistent with national standards and whose
purpose is to promote highway safety and efficiency by providing for the orderly movement of
road users on streets and highways,and that notify road users of regulations and provide warning
and guidance needed for the safe,uniform and efficient operation of all elements of the traffic
stream;
(15) Protect property values by precluding,to the maximum extent possible,sign types
that create a nuisance to the occupancy or use of other properties as a result of their size,height,
illumination,brightness,or movement;
(16) Protect property values by ensuring that sign types,as well as the number of
signs,are in harmony with buildings,neighborhoods,and conforming signs in the area;
(17) Regulate the appearance and design of signs in a manner that promotes and
enhances the beautification of the city and that complements the natural surroundings in
recognition of this city's reliance on its natural surroundings and beautification efforts in
retaining economic advantage for its resort community,as well as for its major subdivisions,
shopping centers and industrial parks;
Ordinance No.2015-8065 Exhibit A,Page 3 of 35
(18) Enable the fair and consistent enforcement of these sign regulations;
(19) Promote the use of signs that positively contribute to the aesthetics of the
community,are appropriate in scale to the surrounding buildings and landscape,and advance the
city's goals of quality development;
(20) Provide standards regarding the non-communicative aspects of signs,which are
consistent with city,county,state and federal law;
(21) Provide flexibility and encourage variety in signage,and create an incentive to
relate signage to the basic principles of good design;and
(22) Assure that the benefits derived from the expenditure of public funds for the
improvement and beautification of streets,sidewalks,public parks,public rights-of-way,and
other public places and spaces,are protected by exercising reasonable controls over the physical
characteristics and structural design of signs.
Sec.34-442. Definitions.
The Definitions in Article IV shall apply to this division. Any term or phrase not defined
therein shall have its commonly understood meaning.
Sec.34-443. Applicability.
This division does not pertain and is not applicable to:
(1) A sign,other than a window sign,located entirely inside the premises of a
building or enclosed space.
(2) A sign on a car,other than a prohibited vehicle sign or signs.
(3) A statutory sign.
(4) A traffic control device sign.
(5) Any sign not visible from a public street,sidewalk or right-of-way or from a
navigable waterway or body of water;except that the foregoing does not exempt a sign for a
commercial use that is visible from an abutting residential use.
Sec.34-444. Prohibited Signs.
The signs and sign types listed below are prohibited within the city limits and shall not be
erected,operated or placed on any property.Any lawfully existing permanent sign structure or
sign type that is among the prohibited signs and sign types listed below shall be deemed a
nonconforming sign subject to the provisions of Section 34-450,Nonconforming Signs.
(1) Abandoned signs;Discontinued signs.
Ordinance No.2015-8065 Exhibit A,Page 4 of 35
(2) Animated signs.
(3) Attached signs that are taller than the wall of the building to which the sign is
attached.
(4) Attached signs that exceed two hundred fifty(250)square feet in sign area.
(5) Billboards;Off-Site Commercial Signs.
(6) Bandit signs;Snipe signs.
(7) Bus bench advertising signs and bus shelter advertising signs.
(8) Flashing signs.
(9) Floodlights and beacon lights,except when required by the Federal Aviation
Administration.
(10) Freestanding or ground signs,including any ground mounted monument signs,
which are higher than sixteen(16)feet.
(11) Freestanding or ground signs that exceed two hundred(200)square feet in sign
area.
(12) Holographic display signs.
(13) Moving,twirling,or swinging signs,including multi-prism and tri-vision signs.
(14) Pavement markings,except for official traffic control markings and building
address markings required by law.
(15) Flutter signs,feather signs,streamers,balloons,wind signs,wind activated
banners,cold air inflatables,pennants and other fixed aerial signage used for commercial
advertising.
(16) Permanent pole signs,unless allowed within certain zoning districts pursuant to
this division.
(17) Portable signs,except for A-Frame and T-Frame signs as allowed herein.
(18) Revolving signs;rotating signs.
(19) Roof signs.
(20) Signs within a sight visibility triangle,as described in subsection 34-425(b)(1)
herein,that obstruct a clear view of pedestrian or vehicular traffic.
(21) Signs attached to a seawall,dock,buoy,tie pole or pier;other than warning signs
and safety signs.
Ordinance No.2015-8065 Exhibit A,Page 5 of 35
(22) Signs in,on,or over the public right-of-way;other than fixed projecting signs in
the Central Business District(CBD)and the Redevelopment Zoning District(RD)zone,
traffic control device signs,bus stop informational signs,warning signs;safety signs,
vertical streetlight banners,A-Frame signs,T-Frame signs,and awning or attached
canopy signs over a public right-of-way as allowed in this division.
(23) Signs in or upon any river,bay,lake,or other body of water within the limits of
the city;except government regulatory signs,warning signs,and safety signs.
(24) Signs located on real property without the permission of the property owner.
(25) Signs nailed,fastened,affixed to,or painted on any tree or part thereof(living or
dead),or other vegetation.
(26) Signs,other than traffic control device signs,that use the word"stop"or
"danger,"or present or imply the need or requirement of stopping or the existence of
danger,or which are a copy or imitation of traffic control device signs and which are
adjacent to the right-of-way of any road,street,or highway.
(27) Signs that are not effectively shielded as to prevent beams or rays of light from
being directed at any portion of the traveled public rights-of-way thereby creating a
potential traffic or pedestrian hazard or a nuisance to inhabitants of an adjacent
neighborhood.No sign shall be so illuminated that it interferes with the effectiveness of,
or obscures an official traffic sign,device,or signal.
(28) Signs that contain any food or other substance that attracts large numbers of birds
or other animals and causes them to congregate on or near the sign.
(29) Signs that emit sound,vapor,smoke,odor,or gaseous matter.
(30) Signs that obstruct,conceal,hide or otherwise obscure from view any traffic
control device sign or official traffic signal.
(31) Wall wrap signs.
(32) Vehicle sign or signs with a total sign area in excess of twenty(20)square feet on
any vehicle,and
a. The vehicle is not"regularly used in the conduct of the business,"and
b. The vehicle is visible from a street right-of-way within fifty(50)feet of
the vehicle,and
c. The vehicle is parked for more than two(2)consecutive hours in any
twenty-four(24)hour period within fifty(50)feet of any street right-of-way,and
d. A vehicle shall not be considered"regularly used in the conduct of the
business"if the vehicle is used primarily for advertising,and
Ordinance No.2015-8065 Exhibit A,Page 6 of 35
e. This provision is not to be construed as prohibiting the identification of a
firm or its principal products on a vehicle operating during the normal hours of business;
and which is currently licensed,insured and operable;provided,however,that no such
vehicle shall be parked on public or private property with signs attached or placed on
such vehicle primarily for the purpose of advertising a business establishment or firm or
calling attention to the location of a business establishment or firm.
Sec.34-445. General Provisions for Signs.
The following general sign provisions shall apply to this division and to all lawful
conforming and nonconforming signs,unless otherwise indicated.
(1) Measurement of Sign Size(Sign Area).
The area of a sign is measured or calculated as follows:
a. Background panel signs.Sign copy that is mounted,affixed,or painted on
a background panel or area distinctively painted,textured or constructed as a background
for the sign copy,is measured as that area contained within the sum of the smallest
rectangles,squares,triangles,parallelograms,circles or ellipses that will enclose both the
sign copy and the background.
b. Background surface signs.The area of a sign consisting of copy mounted
as individual letters or graphics against a wall,fascia,or parapet of a building surface or
another surface,that has not been painted,textured,or otherwise altered to provide a
distinctive background for the sign copy,is measured as the sum of the smallest
rectangles,squares,triangles,parallelograms,circles or ellipses that will enclose each
word,graphic or discrete visual element in the total sign.
c. Illuminated background signs.The area of a sign with copy mounted,
affixed,or painted on an illuminated surface or illuminated element or a building or
structure,is measured as the entire illuminated surface or illuminated element which
contains sign copy.
d. Double-faced signs.If a sign has two display faces,and the interior angle
between the two faces is thirty(30)degrees or less,then the sign area is one sign face
only;however,if the two faces are of different sizes or shapes,then the larger is used.If
the sign has two display faces,and the interior angle between the two faces is greater than
thirty(30)degrees,then the sign area is the sum of the areas of the two faces.
e. Multi-faced signs.If a sign has three or more faces.,then the sign area is
equal to fifty(50)percent of the aggregate area of all sign faces.The area of each face
shall be determined according to subsection(a)or(b)of this section,as applicable.
f. Sculptural and nonplanar signs.The area of a spherical,free form,
sculptural or other nonplanar sign is fifty(50)percent of the sum of the areas,using only
the four vertical sides of the smallest four-sided polyhedron which will completely
enclose the entire sign structure.
Ordinance No.2015-8065 Exhibit A,Page 7 of 35
(2) Measurement of Sign Height.
The height of a freestanding sign shall be measured as the vertical distance from
the average finished grade of the ground below the sign excluding any filling,berming,
mounding or excavating solely for the purposes of increasing the height of the sign,to the
top edge of the highest portion of the sign.The maximum height allowed for a
freestanding sign,however,shall not include any architectural embellishment provided
the embellishment does not exceed thirty-six(36)inches at the base of the sign and
eighteen(18)inches at the top of the sign.
For the purposes of this section,average finished grade shall be considered the
lower of(a)the lowest elevation where the base of the sign meets ground level;or(b)the
top of the curb of the nearest public street adjoining the property upon which the sign is
erected,or(c)the grade of the land at the principal entrance to the lot on which the sign is
located.
(3) Sign Illumination for Temporary Signs and Permanent Signs.
a. Sign illumination is prohibited for temporary signs.
b. Permanent sign on a parcel in residential use.A permanent sign located on
a parcel in residential use in any zone may not be separately or specially illuminated,
unless otherwise specified in this division.
c. Permanent sign on a parcel in nonresidential use.A permanent sign on a
parcel in nonresidential use may be illuminated by internal illumination,internal indirect
(halo)illumination,or lit by external indirect illumination,unless otherwise specified in
this division.However,a permanent sign may not be illuminated in a manner that leaves
the illumination device exposed to public view except with the use of neon tubing as
provided in subsection(h)of this section.
d. Internal illumination.Outdoor internally illuminated signs,including but
not limited to awning/canopy signs,cabinet signs(whether freestanding or building
mounted),changeable copy panels or service island signs,shall be constructed with an
opaque background and translucent letters or other graphical elements,or with a colored
background and lighter letters or graphics.
e. External indirect illumination.Externally lit signs are permitted to be
illuminated only with steady,stationary,down directed and shielded light sources
directed solely onto the sign.Light bulbs or tubes(excluding neon),used for illuminating
a sign,shall not be visible from the adjacent public rights-of-way or residential
properties. -
f. Illumination of signs adjacent to single-family residential uses.No sign
located within 50 feet of a property with a single-family use or zoned for a single-family
use shall be internally illuminated.
Ordinance No.2015-8065 Exhibit A,Page 8 of 35
g. Any portion of the sign face or sign structure that is illuminated shall
count against the total square footage of allowable sign area.
h. Neon.
(i). Exposed neon.Exposed neon tube illumination is not permitted in
residential zones,or for residential uses in any zone.It is allowed in all other
places,unless otherwise specified.
(ii). Neon borders.Neon illumination used as a sign copy projection,
border,frame or other embellishment of sign copy shall not be included in the
total size or area of the sign,provided the measured area of any such projection or
detailed embellishment does not exceed 12 square feet in area,or 25 percent of
the sign display face area,whichever is greater.If neon embellishments exceed
these limits,then the embellishments shall be included and counted as part of the
permitted sign area for the use.
(4) Viewpoint Neutrality.
Notwithstanding anything in this division to the contrary,no sign or sign structure shall
be subject to any limitation based upon the viewpoint of the message contained on such sign or
displayed on such sign structure.
(5) Substitution of Noncommercial Speech for Commercial Speech.
Notwithstanding anything contained in this division to the contrary,any sign erected
pursuant to the provisions of this division may,at the option of the owner,contain a non-
commercial message in lieu of a commercial message and the noncommercial copy may be
substituted at any time in place of the commercial copy.The noncommercial message(copy)
may occupy the entire sign face or any portion thereof.The sign face may be changed from a
commercial message to a noncommercial message or from one noncommercial message to
another non-commercial message;provided,however,that there is no change in the size,height,
setback or spacing criteria contained in this division.
(6) Consent of Legal Owner of Property.
No sign may be displayed without the consent of the legal owner of the property on
which the sign is mounted or displayed.For purposes of this policy,"owner"means the holder of
the legal title to the property and any party and person holding a present legal right to possession,
control,or use of the property.
(7) Signs on Public Property.
Any sign installed or placed on public property,except in conformance with the
requirements of this division,shall be deemed illegal and shall be forfeited to the public and
subject to confiscation.In addition to other remedies hereunder,the City shall have the right to
recover from the owner or person placing such sign the cost of removal and disposal of such
Ordinance No.2015-8065 Exhibit A,Page 9 of 35
sign.The foregoing shall not apply to temporary A-Frame signs and T-Frame signs as allowed
pursuant to the conditions and limitations set forth herein.
(8) Signs That Obstruct Means of Egress.
No sign shall be erected so as to obstruct any fire escape,required exit,window,or door
opening intended as a means of egress.
(9) Signs That Interfere with Ventilation Openings.
No sign shall be erected that interferes with any opening required for ventilation.
(10) Signs Must Maintain Clearance from Utilities and Shall Not Interfere with
Surface and Underground Water or with Drainage.
Signs shall maintain a minimum distance of six(6)feet horizontal clearance and twelve
(12)feet overhead clearance from electrical conductors and from all communications equipment
or lines.Signs and their supporting structures shall maintain clearance from and noninterference
with all surface and underground facilities and conduits for water,sewage,electricity,or
communications equipment or lines.Sign placement shall not interfere with surface or
underground water or with natural or artificial drainage.
(11) Signs Shall Not Be Attached to Certain Property and Shall Not Impair Roof
Access.
Signs shall not be attached to standpipes,gutters,drains or fire escapes.Signs shall not be
installed so as to impair access to a roof.
(12) Signs Declared a Nuisance and Repair;Signs Presenting Immediate Peril to
Public Health or Safety.
The building official may order the repair of signs declared a nuisance,and with or
without notice may cause any structurally unsafe or structurally insecure sign to be immediately
removed if in his or her professional judgment and professional opinion the sign presents an
immediate peril to the public health or safety.
(13) Street Address Signs.
For each parcel and for each tenant space,one sign for the official street address shall be
displayed for public safety and to serve as visible street address for delivery of mail and
official governmental notification.
a. For a parcel in residential use,the street address sign shall not exceed two
(2)square feet in sign area.
b. For a parcel in non-residential use,the street address sign shall not exceed
four(4)square feet in sign area.
Ordinance No.2015-8065 Exhibit A,Page 10 of 35
c. The street address sign in a residential use may be externally illuminated
and in a non-residential use may be externally or internally illuminated.
(14) Flagpoles and Flags;Flag Brackets,Flag Stanchions and Flags.
a. Flagpoles and Flags. For each parcel and development site in residential
use with one principal structure,one flagpole may be installed and two(2)flags may be
displayed per flagpole. For each parcel and development site that is over one-half(1/2)
acre in size and is in nonresidential use,up to three flagpoles may be installed and up to
two(2)flags may be displayed per flagpole.A flag shall not exceed twenty-four(24)
square feet in size.
b. Flag Brackets,Flag Stanchions,and Flags.For each principal structure on
a parcel,up to two flag brackets or stanchions may be attached or placed for the display
of flags.A flag displayed from a flag bracket or a flag stanchion shall not exceed twenty-
four(24)square feet in size.
c. For the purpose of determining the size of a flag,only one side of the flag
shall be counted as the display surface.
d. Flags on parcels in non-residential use may be externally illuminated.
(15) Noncommercial Onsite Parking Space Signs.
Parking space signs identifying parking spaces necessary for traffic safety,regulation,
control and circulation.A parking space sign shall carry no commercial message and shall not
exceed two(2)square feet of sign face per sign. Parking space signs shall be allowed on each
parcel having multiple parking spaces onsite.One such sign shall be allowed for each parking
space.The maximum height for a freestanding or an attached parking space sign shall be six(6)
feet.
(16) Signs at Service Station Islands.
For service stations,one(1)double-sided sign or two(2)single-sided signs are allowed
per island. Such signs shall not exceed four(4)square feet per side and shall not be mounted
higher than eight(8)feet.Such signs shall not be mounted on any bollard or barrier designed to
protect equipment from damage.Such signs may not be illuminated.
For service stations,one(1)canopy sign may be installed for each canopy side facing a
public street or driveway.A canopy sign shall not exceed ten(10)square feet and shall not be
mounted higher than the top of the canopy itself. A canopy sign may be internally illuminated.
The square footage of all canopy signs on a canopy shall be counted against the maximum square
footage of allowed wall signage for any building wall sign on the same parcel.
Ordinance No.2015-8065 Exhibit A,Page 11 of 35
(17) Monument Signs.
A. Monument signs for single occupant or tenant buildings.
One monument sign is allowed for each single occupant or tenant building.The
maximum size of a monument sign shall be the lesser of: (1)one hundred(100)square feet,or
(2)one(1)square foot of sign area for each one(1)linear foot of road frontage along the street
toward which the monument sign is oriented.The maximum height of the monument sign shall
be ten(10)feet,and the maximum width of the monument sign shall be twelve(12)feet.Up to
fifty(50)percent of the sign surface of the monument sign may consist of a changeable copy
sign;provided,however,that the sign copy cannot be changed more frequently than once in a
twenty-four(24)hour time period.The monument sign may be illuminated.
B. Monument signs for multiple occupant or tenant developments.
One monument sign is allowed for each multiple occupant or tenant development
inclusive of a shopping center.The maximum size of the monument sign shall be the lesser of:
(1)two hundred(200)square feet,or(2)one(1)square foot of sign area for each one(1)linear
foot of road frontage along the street toward which the monument sign is oriented for the first
one hundred(100)feet of frontage plus one-fourth(1/4)square foot of sign area for each
additional linear foot of the aforesaid road frontage.The maximum height of the monument sign
shall be sixteen(16)feet,and the maximum width of the monument sign shall be twelve and
one-half(12.5)feet.Up to fifty(50)percent of the sign surface of the monument sign may
consist of a changeable copy sign;provided,however,that the sign copy cannot be changed
more frequently than once in a twenty-four(24)hour time period. The monument sign may be
illuminated.
C. Monument signs at entrances to single-family and multi-family developments.
One monument sign is allowed at each point of ingress or egress from or to a single-
family development and from or to a multi-family development.The maximum size of a
monument sign shall not exceed twenty-four(24)square feet in size and shall not exceed six(6)
feet in height. The twenty-four(24)square feet of sign area may be split equally between two
monument signs located on each side of the entry or exit street. The monument sign shall be
located on a landscaped island or lawn area protected from vehicular contact,and shall not
encroach into any corner sight visibility triangle required pursuant to section 34-395. The sign
may be internally or indirectly illuminated.
D. Monument sign for a parcel in educational,religious or public use.
In addition to any monument sign allowed above,one(1)permanent monument sign may
be allowed for a parcel in educational,religious or public use.The sign shall not exceed thirty
two(32)square feet in sign area and shall not exceed eight(8)feet in height. The sign may be
illuminated. However,this additional monument sign shall not be allowed if there is an
additional permanent wall sign on the same parcel.
Ordinance No.2015-8065 Exhibit A,Page 12 of 35
(18) Wall Signs.
One(1)wall sign is allowed for each face of a building or part of a building that is
occupied by a permitted or conditional non-residential use.The size(area)of the wall sign for an
occupant or a tenant shall be the lesser of:(i)two hundred fifty(250)square feet,or alternatively
(ii)one(1)square foot per one(1)linear foot of building frontage for a single occupant building
or one(1)square foot per one(1) linear foot of building frontage for the occupant or tenant
space in a multi-tenant development,each as measured on the street toward which the wall sign
is oriented. A wall sign shall not extend higher than the building wall to which it is attached.Up
to fifty percent(50%)of the wall sign surface may consist of a changeable copy sign;provided,
however,that the sign copy of the changeable copy sign shall not change more than once in any
twenty-four(24)hour time period. The wall sign shall not project more than twelve(12)inches
from the wall.If the wall sign projects more than two and one-half(2'/z)inches from the wall,
the wall sign shall be mounted so that the bottom of the wall sign is at least nine(9)feet above
ground at finished grade below the wall sign.The wall sign may be illuminated.
In addition to any wall sign allowed above,one(1)permanent wall sign may be allowed
for a parcel in educational,religious or public use.The wall sign shall not exceed thirty two(32)
square feet in sign area and shall not exceed eight(8)feet in height. The wall sign may be
illuminated. However,this additional permanent wall sign shall not be allowed if there is an
additional monument sign on the same parcel.
(19) Wall Signs at Restaurants.
In addition to any other wall sign allowance,a restaurant shall be allowed one(1)wall
sign installed within twenty(20)feet of its main entrance. The wall sign shall not exceed six(6)
square feet in area and shall not exceed six(6)feet in height.The wall sign may be illuminated.
(20) Drive-Through Lane Signs.
For a drive-through establishment,an additional display sign is allowed for each drive-
through lane provided that such sign does not exceed forty(40)square feet in size and does not
exceed eight(8)feet in height.The additional display sign may be internally illuminated and
may emit sound only as part of a business transaction.Any sounds emitted must comply with
Chapter 18 of the Code of Ordinances of the City of Jacksonville Beach.
(21) Umbrella Signs.
For each table in an outside seating area for a licensed business establishment,one(1)
umbrella sign per umbrella is allowed. An umbrella sign shall not exceed three(3)square feet in
area and shall not exceed eight(8)feet in height. An umbrella having an umbrella sign shall be
mounted on or in the table or in an umbrella holder adjacent to the table. A sign permit is not
required for an umbrella sign.
Ordinance No.2015-8065 Exhibit A,Page 13 of 35
(22) Awning Signs.
For each awning,one sign is allowed. The awning sign shall not exceed an area greater
than twenty(20)percent of the surface area of the awning or canopy.The total square footage of
the awning sign shall count toward the maximum square footage of the wall sign area allowed
for a parcel or a tenant. An awning sign may be internally illuminated.
(23) Canopy Signs.
For each canopy,one sign is allowed.Except for the sign area limitation for canopy signs
at service station islands,a canopy sign shall not exceed an area greater than twenty(20)percent
of the surface area of the canopy.The total square footage of the canopy sign shall count toward
the maximum square footage of the wall sign area allowed for a parcel or a tenant. A canopy
sign may be internally illuminated.
(24) Changeable Copy Signs.
As part of a permitted monument sign or wall sign,a changeable copy sign,manual or
electronic(LED),may be installed.The changeable copy sign shall not exceed fifty(50)percent
of allowable area of the monument sign or wall sign.The changeable copy sign shall not exceed
ten(10)feet in height when installed as a part of a monument sign for a single occupant or tenant
building.The changeable copy sign shall not exceed sixteen(16)feet in height if part of the
monument sign is for a multiple occupant or tenant building. A changeable copy sign that is a
part of wall sign shall not be installed higher than the wall of the building. The sign copy on a
changeable copy sign shall not be changed more than once in any twenty-four(24)hour time
period.Changeable copy signs may be internally illuminated.
(25) Projecting Signs.
For buildings in the Central Business District(CBD)or a Redevelopment District(RD),
one(1)projecting sign is allowed for each ground floor occupant or tenant space.The projecting
sign shall be attached to the building frontage,on the street or driveway on which the sign is
located.The maximum size of the projecting sign shall be the lesser of(1)sixteen(16)square
feet or(2)one(1)square foot per linear foot of occupant or tenant building frontage on the street
or private driveway on which it is located;however,the square footage of a projecting sign shall
count toward the maximum square footage of wall signage allowed for the building.The
maximum thickness of the sign face of a projecting sign shall not exceed twenty-four(24)inches
when such sign is of solid construction.A projecting sign shall have a minimum vertical
clearance of nine(9)feet,and shall not be mounted higher than the wall of the building.A
projecting sign that extends over a sidewalk in the public right-of-way shall be limited to a
projection distance not to exceed two-thirds(2/3)of the width of the sidewalk.A projecting sign
may be illuminated.
(26) Window Signs.
Window signs are permitted provided that the window sign may not cover more than
twenty-five percent(25%)of the area of any window.Window signs may be internally
illuminated. A sign permit is not required for a window sign.
Ordinance No.2015-8065 Exhibit A,Page 14 of 35
(27) Door Signs.
Door signs are permitted provided that the door sign may not cover more than twenty-
five percent(25%)of the area of any door.Door signs shall not be illuminated.A sign permit is
not required for a door sign.
34-446. Temporary and Permanent Signs Allowed in Zoning Districts.
The signage rights and responsibilities for temporary signs and permanent signs shall be
determined by the provisions of Section 34-445,General Provisions for Signs,and by the sign
provisions for the zoning districts as set forth below in Sections 34-447.1.Temporary Signs
Allowed in Zoning Districts,and 34-447.2,Permanent Signs Allowed in Zoning Districts.
However,in connection with residential uses in nonresidential zoning districts and
nonresidential uses in residential zoning districts,the signage rights and responsibilities
applicable to any particular use shall be determined as follows:(1)In a residential zoning district
where a nonresidential use is allowed,whether as a matter of right or by way of a conditional use
permit or other process with stated criteria governing the allowance of the nonresidential use,the
nonresidential use shall be treated as if it was located in a zoning district where the
nonresidential use would be allowed,either as a matter of right or subject to a conditional use
permit or other process with stated criteria governing the allowance of the nonresidential use;
and(2)In a nonresidential zoning district where a residential use is allowed,the residential use
shall be treated as if it was located in the residential zoning district where that type of use would
be allowed as a matter of right.
Sec.34-447.1. Temporary Signs Allowed in Zoning Districts.
Within its zoning districts and subject to any applicable provisions with Section 34-445,
General Provisions for Signs,the City shall allow temporary signs that meet the criteria and
limitations set forth in Table 34-447.1a and Table 34-4476.ib,shown below.
A government sign shall not require a sign permit and shall be allowed in all zoning
districts on public property and public rights-of-way unless otherwise provided herein.However,
the foregoing shall have no impact on any separate requirements established by state statute for
building permits,electrical permits or other statutory permits.
A temporary sign displayed on a window surface must be displayed on the inside of the
window surface,shall cover no more than twenty-five(25%)of the window surface,and shall
not be illuminated.
Ordinance No.2015-8065 Exhibit A,Page 15 of 35
TABLE 34447.1a. CRITERIA AND LIMITATIONS FOR
TEMPORARY A-FRAME AND T-FRAME SIGNS—CBD ZONING DISTRICT
TEMPORARY A-FRAME AND T-FRAME SIGNS
Maximum Number of Signs 1 per business
Maximum Width 3 feet
Maximum Height 3-1/2 feet
Minimum Setback/Distance from Curb 1 foot
Maximum Width of Public Sidewalk that the No more than one third of
Sign May Obstruct width of public sidewalk
Maximum Distance of Sign from Main 10 feet
Entrance to Business
Duration Allowed Only during hours while
business is open
Allowed on Public Property and Right-of-Way Yes
Allowed in a sight visibility triangle described No
in Section 34-395
Illumination Allowed No
Ordinance No.2015-8065 Exhibit A,Page 16 of 35
TABLE 34-447.Ib. CRITERIA AND LIMITATIONS FOR
ALL OTHER TEMPORARY SIGNS IN ALL ZONING DISTRICTS
CRITERIA AND LIMITATIONS
ZONING DISTRICTS RS-1,RS-2,RS-3, CPO,C-1, CBD,RD,PUD
RM-1,RM-2 C-2,CS,I-1
Maximum Number of Temporary Signs Per Parcel' 8 4 4
Maximum Sign Size(Area)for a Temporary Sign 2 4 sf. 16 sf. 16 sf.
Maximum Sign Height for a Temporary 6 ft. 6 ft. 6 ft.
Freestanding Sign3
Maximum Sign Height for a Temporary Wall Sign 15 ft. 15 ft. 15 ft.
(inclusive of a Window Sign)
Minimum Sign Setback required to be maintained 3 ft. 3 ft. 3 ft.
by a Temporary Ground Sign from any property
line°
Minimum Sign Setback required to be maintained 3 ft. 3 ft. 3 ft.
by a Temporary Ground Sign from the edge of any
paved street or road
Minimum Spacing that is required to be maintained 15 ft. 15 ft. 15 ft.
by a Temporary Ground Sign from any other
Temporary Ground Sign5
Maximum Aggregate Surface Area Allocated for 64 sf. 128 sf 128 sf.
All Temporary Signs on a Parcel6
Whether Temporary Sign is Allowed on Public No No No
Property or Public Right-of-Way
Allowed in a sight visibility triangle described in No No No
Section 34-395
Direct Illumination of Surface of Temporary Sian No No No
Allowed
Duration allowed after event ends 7 calendar days 7 calendar days 7 calendar days
The number of temporary commercial signs per parcel shall be no more than two(2)signs;however,no more than
one temporary commercial sign per parcel may be a banner sign and a temporary commercial banner si,tn is limited
to a maximum duration of display of no more than thirty 001 days per calendar year per parcel.
Y The square footage limitation is per side for a back-to-back sign.For example,a four(4)square foot limitation
means that there is a limit of Four(4)square feet of surface area per side of a back-to-back sign,and an aggregate
limit of eight(8)square feet is allowed if the sign is a back-to-back temporary sign.
3 Not applicable to signs displayed on flagpoles.
°Minimum sign setbacks do not apply to wall signs. Except as set forth in Sec.34-447.1a for A-Frame Signs and T-
Frame Signs,all Temporary Signs are prohibited on public property and from public rights-of-way.
'Not applicable to signs displayed on flagpoles.
6 There is no limit to the number of separate messages that may appear on the allowable surface(s)of any
Temporary Sign.The maximum aggregate surface area allowed is subject to circumstances that may reduce the
maximum aggregate surface area allowable on some parcels.
Ordinance No.2015-8065 Exhibit A,Page 17 of 35
34-447.2. Permanent Signs Allowed in Zoning Districts.
Within its zoning districts and subject to any applicable provisions within Sec.34-445,
General Provisions for Signs,the City shall allow permanent signs that meet the criteria and
limitations set forth in the subsections below.Unless otherwise provided herein,a permanent
sign shall require a sign permit;however,a government sign on public property or public rights-
of-way shall not require a sign permit and shall be allowed in all zoning districts on public
property or public rights-of-way unless otherwise provided herein.The foregoing shall have no
impact on separate requirements established by state statute for building code permits or other
code permits.
(1) Single-Family Residential Zoning Districts(RS-1,RS-2,RS-3).
Within Single-Family Residential Zoning Districts(RS-1,RS-2,RS-3)and subject to the
provisions with Sec.34-445,General Provisions for Signs,the City shall allow permanent signs
I that meet the criteria and limitations set forth in Table 34-447.12(1)below.
TABLE 34-447.1
Single-Family Residential Zoning Districts(RS-1,RS-2,RS-3)
Ingress and Egress Signs Allowed as per Sec.34-451 Sign Permit Not Required
Street Address Signs Allowed as per Sec.34-445 Sign Permit Not Required
Flagpoles Allowed as per Sec.34-445 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec.34-445 Sign Permit Not Required
On-Site Parking Space Signs Not Allowed N/A
Signs at Service Station Islands Not Allowed N/A _
Monument Signs Allowed as per Sec.34-445 N/A
Wall Signs Not Allowed N/A
Restaurant Wall Signs Not Allowed N/A
Drive-Through Lane Signs Not Allowed N/A
Umbrella Signs Not Allowed N/A
Awning Signs Not Allowed N/A
Canopy Signs Not Allowed N/A
Changeable Copy Signs Not Allowed N/A
Projecting Signs Not Allowed N/A
Window Signs Not Allowed N/A
Door Signs Not Allowed N/A
Ordinance No.2015-8065 Exhibit A,Page 18 of 35
(2) Multi-Family Residential Zoning Districts(RM-1,RM-2).
Within Multi-Family Residential Zoning Districts(RM-1,RM-2)and subject to any
applicable provisions within Section 34-445,General Provisions for Signs,the City shall allow
permanent signs that meet the criteria and limitations set forth in Table 34-447.2 below.
TABLE 34-447.2
Multi-Family Residential Zoning Districts(RM-1,RM-2)
Ingress and Egress Signs Allowed as per Sec.34-451 Sign Permit Not Required
Street Address Signs Allowed as per Sec.34-445 Sign Permit Not Required
Flagpoles Allowed as per Sec.34-445 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec.34-445 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec.34-445 Sign Permit Not Required_
Signs at Service Station Islands Not Allowed N/A
Monument Signs Allowed as per Sec.34-445 N/A
Wall Signs Not Allowed N/A
Restaurant Wall Signs Not Allowed N/A
Drive-Through Lane Signs Not Allowed N/A
Umbrella Signs Not Allowed N/A
Awning Signs Not Allowed N/A
Canopy Signs Not Allowed N/A
Changeable Copy Signs Not Allowed N/A
Projecting Signs Not Allowed N/A
Window Signs Not Allowed N/A
Door Signs Not Allowed N/A
Ordinance No.2015-8065 Exhibit A,Page 19 of 35
(3) Commercial Zoning Districts(CPO,C-1,C-2,CS).
Within Commercial Zoning Districts(CPO,C-1,C-2,CS)and subject to any applicable
provisions within Section 34-445,General Provisions for Signs,the City shall allow permanent
signs that meet the criteria and limitations set forth in Table 34-447.3 below.
TABLE 34-447.3
Commercial Zoning Districts(CPO,C-1,C-2,CS)
Ingress and Egress Signs Allowed as per Sec.34-451 Sign Permit Not Required
Street Address Signs Allowed as per Sec.34-445 Sign Permit Not Required
Flagpoles Allowed as per Sec.34-445 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec.34-445 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec.34-445 Sign Permit Not Required
Signs at Service Station Islands Allowed as per Sec.34-445 Sign Permit Required
Monument Signs Allowed as per Sec.34-445 Sign Permit Required
Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Restaurant Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Drive-Through Lane Signs Allowed as per Sec.34-445 Sign Permit Required _
Umbrella Signs Allowed as per Sec.34-445 Sign Permit Not Required
Awning Signs Allowed as per Sec.34-445 Sign Permit Required
Canopy Signs Allowed as per Sec.34-445 Sign Permit Required
Changeable Copy Signs Allowed as per Sec.34-445 Sign Permit Required
Projecting Signs Not Allowed N/A
Window Signs Allowed as per Sec.34-445 Sign Permit Not Required
Door Signs Allowed as per Sec.34-445 Sign Permit Not Required
Ordinance No.2015-8065 Exhibit A,Page 20 of 35
(4) Central Business Zoning District(CBD).
Within the Central Business Zoning District(CBD)and subject to any applicable
provisions within Section 34-445,General Provisions for Signs,the City shall allow permanent
signs that meet the criteria and limitations set forth in Table 34-447.4 below.
TABLE 34-447.4
Central Business Zoning District(CBD)
Ingress and Egress Signs Allowed as per Sec.34-451 Sign Permit Not Required
Street Address Signs Allowed as per Sec.34-445 Sign Permit Not Required
Flagpoles Allowed as per Sec.34445 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec.34-445 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec.34-445 Sign Permit Not Required
Signs at Service Station Islands Allowed as per Sec.34-445 Sign Permit Required
Monument Signs Allowed as per Sec.34-445 Sign Permit Required
Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Restaurant Wall Signs Allowed as per Sec.34445 Sign Permit Required
Drive-Through Lane Signs Allowed as per Sec.34-445 Sign Permit Required
Umbrella Signs Allowed as per Sec.34-445 Sign Permit Not Required_
Awning Signs Allowed as per Sec.34-445 Sign Permit Required
Canopy Signs Allowed as per Sec.34-445 Sign Permit Required
Changeable Copy Signs Allowed as per Sec.34-445 Sign Permit Required
Projecting Signs Allowed as per Sec.34445 Sign Permit Required
Window Signs Allowed as per Sec.34-445 Sign Permit Not Required
Door Signs Allowed as per Sec.34445 Sign Permit Not Required
Ordinance No.2015-8065 Exhibit A,Page 21 of 35
(5) Industrial Zoning District(I-1).
Within the Industrial Zoning District(I-1)and subject to any applicable provisions within
Section 34-445,General Provisions for Signs,the City shall allow permanent signs that meet the
criteria and limitations set forth in Table 34-447.5 below.
TABLE 34-447.5
Industrial Zoning District(I-1)
Ingress and Egress Signs Allowed as per Sec.34-451 Sign Permit Not Required
Street Address Signs Allowed as per Sec.34-445 Sign Permit Not Required
Flagpoles Allowed as per Sec.34-445 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec.34-445 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec.34-445 Sign Permit Not Required
Signs at Service Station Islands Allowed as per Sec.34-445 Sign Permit Required
Monument Signs Allowed as per Sec.34-445 Sign Permit Required
Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Restaurant Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Drive-Through Lane Signs Allowed as per Sec.34-445 Sign Permit Required
Umbrella Signs Allowed as per Sec.34-445 Sign Permit Not Required
Awning Signs Allowed as per Sec.34-445 Sign Permit Required
Canopy Signs Allowed as per Sec.34-445 Sign Permit Required
Changeable Copy Signs Allowed as per Sec.34-445 Sign Permit Required
Projecting Signs Not Allowed N/A
Window Signs Allowed as per Sec.34-445 Sign Permit Not Required
Door Signs Allowed as per Sec.34-445 Sign Permit Not Required
Ordinance No.2015-8065 Exhibit A,Page 22 of 35
(6) Redevelopment Zoning District(RD).
Within the Redevelopment Zoning District(RD)and subject to any applicable provisions
within Section 34-445,General Provisions for Signs,the City shall allow permanent signs that
meet the criteria and limitations set forth in Table 34-447.6 below.
TABLE 34-447.6
Redevelopment Zoning District(RD)
Ingress and Egress Signs Allowed as per Sec.34-451 Sign Permit Not Required
Street Address Signs Allowed as per Sec.34-445 Sign Permit Not Required
Flagpoles Allowed as per Sec.34-445 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec.34-445 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec.34-445 Sign Permit Not Required
Signs at Service Station Islands Allowed as per Sec.34-445 Sign Permit Required
Monument Signs Allowed as per Sec.34-445 Sign Permit Required
Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Restaurant Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Drive-Through Lane Signs Allowed as per Sec.34-445 Sign Permit Required
Umbrella Signs Allowed as per Sec.34-445_ Sign Permit Not Required
Awning Signs Allowed as per Sec.34-445 Sign Permit Required
Canopy Signs Allowed as per Sec.34-445 Sign Permit Required
Changeable Copy Signs Allowed as per Sec.34-445 Sign Permit Required
Projecting Signs Allowed as per Sec.34-445 Sign Permit Required
Window Signs Allowed as per Sec.34-445 Sign Permit Not Required
Door Signs Allowed as per Sec.34-445 Sign Permit Not Required
Ordinance No.2015-8065 Exhibit A,Page 23 of 35
(7) Planned Unit Development Zoning District(PUD).
Within its Planned Unit Development Zoning District(PUD)and subject to any
applicable provisions within Section 34-445,General Provisions for Signs,the City shall allow
permanent signs that meet the criteria and limitations set forth in Table 34-447.7 below.
TABLE 34-447.7
Planned Unit Development Zoning District(PUD)
Ingress and Egress Signs Allowed as per Sec.34-451 Sign Permit Not Required
Street Address Signs Allowed as per Sec.34-445 Sign Permit Not Required
Flagpoles Allowed as per Sec.34-445 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec.34-445 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec.34-445 Sign Permit Not Required
Signs at Service Station Islands Allowed as per Sec.34-445 Sign Permit Required
Monument Signs Allowed as per Sec.34-445 Sign Permit Required
Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Restaurant Wall Signs Allowed as per Sec.34-445 Sign Permit Required
Drive-Through Lane Signs Allowed as per Sec.34-445 Sign Permit Required
Umbrella Signs Allowed as per Sec.34-445 Sign Permit Not Required
Awning Signs Allowed as per Sec.34-445 Sign Permit Required
Canopy Signs Allowed as per Sec.34-445 Sign Permit Required
Changeable Copy Signs Allowed as per Sec.34-445 Sign Permit Required
Projecting Signs Not Allowed N/A
Window Signs Allowed as per Sec.34-445 Sign Permit Not Required
Door Signs Allowed as per Sec.34-445 Sign Permit Not Required
Ordinance No.2015-8065 Exhibit A,Page 24 of 35
Sec.34-448. Building Permits.
It shall be unlawful for any person or business or the person in charge of the business to
erect,construct,alter or maintain a sign structure,as defined in the Florida Building Code,
without first obtaining a building permit from the city in accordance with the provisions of the
Florida Building Code and applicable law.Permit fees for a building permit shall be paid in
accordance with the applicable city fee schedules.The requirement of a building permit under
the Florida Building Code is separate and independent of the requirement for a sign permit under
this division.
Sec.34-449. Sign Permits.
Temporary signs do not require a sign permit.
Unless exempt from permitting,no permanent sign shall be erected,altered,relocated,
maintained or displayed until a sign permit is obtained from and the appropriate fee paid to the
city.The sign permit is in addition to any building permit required to be obtained pursuant to the
provisions of the Florida Building Code.
(1) No sign permit shall be issued for the erection of a prohibited sign.
(2) A sign lawfully erected may be repainted or have ordinary and customary repairs
performed,including replacement of plastic or glass panels,without a sign permit;however,if
such sign is to be structurally altered in any manner,a new sign permit shall be required and the
altered sign must meet all requirements of this division and this Code.
(3) Exceptions from permitting. Temporary signs shall not require a sign permit.
Unless identified in the tables in Section 34-447 as not requiring a sign permit and unless
otherwise excepted from requiring a sign permit such as a government sign,all permanent signs
shall require a sign permit. However these exemptions in no way waive any requirement set
forth in the Florida Building Code;or any limitation or restriction on the number,size,height,
setback,placement or duration of such signs under this division,or any limitation or restriction
under any other applicable law or regulation.
(4) Permits not required for change of sign copy.No permit or permit fee shall be
required for changing the copy of a sign,as long as no changes are made to the sign's height,
size,location,or structure.This exemption shall also apply to any change of copy on a
changeable copy sign.
(6) Sign permit applications.A sign permit application for a permanent sign as may
be required by this division shall be prepared and submitted on forms available at the departiuent
of planning and development.The sign permit application is in addition to any building permit
application required by the Florida Building Code.The applicant shall furnish the following
information on or with the sign permit application form:
a. Name,address,telephone number,and e-mail address(if available)of the person
making application for the permit.If the applicant is anyone other than the property owner,the
Ordinance No.2015-8065 Exhibit A,Page 25 of 35
applicant shall provide written authorization from the property owner permitting the installation
of the sign.
b. Name,address,telephone number,and e-mail address(if available)of the
property owner.If the owner is an entity other than an individual,list the contact person's
name.
c. Name,address,telephone number,and e-mail address(if available)of the
business tenant,if applicable.If the tenant is an entity other than an individual,list the
contact person's name.
d. Name,address,telephone,e-mail address(if available),and license
number of the contractor,if applicable.If the contractor is an entity other than an
individual,list the contact person's name.
e. Address and legal description of the property upon which the sign is to be
located.The legal address may be located on a certified boundary survey.
f. Lot frontage on all streets and public rights-of-way.
g. Indicate in feet and inches the location of the sign in relation to property
lines,public rights-of-way,easements,overhead utility lines,other utility facilities and
equipment,buildings and other signs on the property.
h. Freestanding signs,including monument signs,shall require an accurate
boundary survey signed and sealed by a land surveyor or engineer licensed in Florida
showing the proposed location of the sign.
i. For all wall mounted signs,the facade elevation with dimensions,drawn
to scale.Windows and doors and other openings shall be delineated and their dimensions
given.
j. Sign dimensions and elevation,drawn to scale.
lc. Maximum and minimum height of the sign measured from finished grade.
1. Dimensions of the supporting members of the sign.
m. Sign illumination,specifying illumination type,placement,and intensity.
n. Two(2)copies of the plans,specifications,calculations and details,signed
and sealed as required by the Florida Building Code;and specifications documenting the
applicable windload and electrical specifications,if applicable,meeting the minimum
requirements of the applicable Electric Code.
o. Number,type,location and surface area of all existing signs on the same
property.
Ordinance No.2015-8065 Exhibit A,Page 26 of 35
p. Landscape plan,as applicable.
q. Notarized signature of applicant.If the value of construction is$2,500.00
or greater,a certified copy of notice of commencement shall be required prior to permit
issuance.
(6) Sign construction specifications.
a. Florida Building Code.Construction and erection of signs shall be in
accordance with the structural requirements set forth in the Florida Building Code.
b. National Electrical Code.Signs having electrical connections of any kind
shall be wired in accordance with the National Electrical Code.
c. Inspections.Any sign having an electrical connection shall be permitted,
inspected and approved by the electrical inspector prior to its completion.All sign
structures shall be inspected and approved by the building official.The inspection point
shall be selected by the building official.All excavations for concrete sign support bases
shall be inspected and approved by the building official prior to the pouring of concrete.
d. Support requirements.The supporting members of all signs shall be free of
any external bracing such as guy wires or cables.All supporting columns shall be
designed as integral or architectural features of the sign.
e. Materials.Paper or cardboard signs and cloth or plastic fabric banners may
only be used in conjunction with a special event as provided herein.However,paper or
cardboard signs may be used for indoor window or election signs,when such are allowed.
f. Construction standards.All signs shall be installed and constructed in a
professional and workmanlike manner;and shall be maintained in good and safe
structural condition and good physical appearance.All exposed structural components
shall be painted,coated,or made of rust inhibitive material.
(7) Design requirements.All signs and sign structures,except temporary signs and
except for prohibited signs such as billboards and off-premises signs,shall be subject to the
design requirements below.
a. Monument signs.Monument sign structures may extend above the
allowable height and/or permitted horizontal dimension for the purposes of
architecturally embellishing and enhancing the appearance of the sign structure.Such
extensions shall not exceed thirty-six(36)inches for the base,eighteen(18)inches at the
top of the sign,or twelve(12)inches for each vertical side of the sign.
b. Tenant panels in monument signs.All tenant panels in a monument sign,
including those added to an existing sign structure,shall be constructed of similar
materials and illuminated by a similar method.
Ordinance No.2015-8065 Exhibit A,Page 27 of 35
c. Wall signs.Wall signs shall not be installed to cover windows,doors,or
other types of fenestration.
d. Sign work on all permanent signs shall ensure that all the letter strokes are
vertically plumb or evenly slanted,and with alignment true and horizontally level.
e. Manufactured Signs. All manufactured signs requiring a sign permit shall
have a permanent and visible weatherproof identification plate affixed to the sign
exterior.The plate shall identify(1)the name of the manufacturer,(2)the date of
installation,(3)the sign permit number,and(4)the electric permit number(if any)with
the input VA(Volt Amperes)at full load for electric.
(8) Sign permit application review.
a. An applicant shall submit a sign permit application for a permanent sign to the
planning and development department,building inspection division,or such other office
as may be designated by the city.The sign permit application shall be reviewed for a
determination of whether the proposed sign meets the applicable requirements of this
division and any applicable zoning law of the City of Jacksonville Beach as set forth in
the City of Jacksonville Beach's Code of Ordinances.Whenever required by state statute,
the explanation for a denial of a sign permit shall include a citation to the applicable
portions of an ordinance,rule,statute,or other legal authority for the denial of the permit;
in the event that the applicant fails to receive a statutorily required explanation,the
applicant shall submit a written request for the explanation to the city's planning and
development director via certified mail.
1. The review of the sign permit application shall be completed within
thirty(30)calendar days following receipt of a completed application,not
counting the day of receipt and not counting any Saturday,Sunday,or legal
holiday that falls upon the first or the thirtieth(30th)day after the date of receipt.
2. A sign permit shall either be approved,approved with any condition
that is specifically described and set forth in the LDC or the Jacksonville Beach
Code of Ordinances,or disapproved,and the decision shall be reduced to writing.
A disapproval shall include or be accompanied by a statement of the reason(s)for
the disapproval.
3. In the event that no decision is rendered within thirty(30)calendar
days following submission,the application shall be deemed denied and the denial
shall be a final decision of the City if the applicant chooses not to seek
reconsideration at that time.At any time within sixty(60)calendar days,not
counting any intervening Saturday,Sunday,or legal city holiday,following
passage of the thirty(30)calendar day period,the applicant may submit a written
request via certified mail to the city and request a decision setting forth the reason
that the application was not approved and the city shall promptly respond within
ten(10)calendar days after receipt of the written request,not counting the day of
receipt and not counting any Saturday.Sunday,or legal holiday,by providing a
written explanation of the reason(s)for the nonapproval of the application for the
permanent signfor the denial.
Ordinance No.2015-8065 Exhibit A,Page 28 of 35
b. An approval,an approval with conditions,or disapproval by the director
of planning and development shall be deemed the final decision of the city upon the
application.
c. In the case of an approval with conditions or a disapproval,including a
disapproval by lapse of time as described herein,an applicant may ask for reconsideration
of the decision on the grounds that the director of planning and development may have
overlooked or failed to consider any fact(s)that would support a different decision.
1. A written request for reconsideration accompanied by such additional
fact(s)that address the deficiencies that the applicant may wish the director of
planning and development to consider,shall be filed with the director of planning
and development within fourteen(14)calendar days after the date of the written
decision.No fee shall be required for a request for reconsideration.
2. Upon the timely filing of a request for reconsideration,the decision of
the director of planning and development or designee shall be deemed stayed and
not a final decision,until the request for reconsideration is decided.The request
for reconsideration shall be decided within fourteen(14)calendar days of receipt
by the city,not counting any intervening Saturday,Sunday,or legal city holiday.
Such decision shall be in writing and shall include a statement of the reason(s)for
the decision.In the event that no decision is rendered within fourteen(14)
calendar days following the request for reconsideration,the application shall be
deemed denied and the denial shall then be a final decision of the City. At any
time within sixty(60)calendar days,not counting any intervening Saturday,
Sunday,or legal city holiday,following passage of the fourteen(14)calendar day
period,the applicant may submit a written request via certified mail to the city
and request a decision setting forth the reason for the denial of the request for
reconsideration and the City shall promptly respond within ten(10)calendar days
after receipt of the written request,not counting_the day of receipt and not
counting any Saturday,Sunday.or legal holiday,by providing a written
explanation of the reason(s)for not approving the application upon
reconsideration.
d. All decisions shall be mailed,transmitted electronically,or hand delivered
to the applicant.A record shall be kept of the date of mailing,electronic transmittal,or
hand delivery.For the purposes of calculating compliance with the thirty(30)day
deadline for a decision upon an application or the fourteen(14)day deadline for a
decision upon request for reconsideration,the decision shall be deemed made when
deposited in the mail,transmitted electronically,or hand delivered to the applicant.
e. As exceptions to the foregoing,the thirty(30)day deadline for approval
and the fourteen(14)day deadline for a decision upon receipt of a request for a
reconsideration shall not apply(that is,the time shall be suspended):
1. In any case in which the application requires a rezoning of the property,
or an amendment to the comprehensive plan of the city,then upon written request
of the applicant delivered to the director of planning and development by certified
mail before the applicable deadline,the time shall be suspended until a final
Ordinance No.2015-8065 Exhibit A,Page 29 of 35
decision is made upon the application for the variance,rezoning,or
comprehensive plan amendment.
2. If the applicant is required to make any change to the application in
order to obtain an unconditional approval so as to satisfy an express provision of
state law,the LDC,or the City of Jacksonville Beach Code of Ordinances,then
upon the written request of the applicant delivered by certified mail to the director
of planning and development before the applicable deadline,the time shall be
suspended while the applicant makes such change.
3. If an applicant is required by state statute or by any express provision
of either the LDC or the City of Jacksonville Beach Code of Ordinances,to obtain
an approval of the sign from any other governmental agency within the limitations
set forth in Section 166.033(4),Florida Statutes,then upon the request of the
applicant in writing delivered by certified mail before the applicable deadline,the
time shall be suspended.The time shall remain suspended until such approval is
obtained or until the applicant requests in writing delivered by certified mail to
the director of planning and development that the city take final action.The city
shall comply with the provisions of Section 166.033(4),Florida Statutes.
4. In any of the foregoing cases,the applicant may elect to not make
any changes to the application or to not obtain an approval that may be required
by another governmental agency,and may instead demand in writing a final
decision upon the sign permit application as filed.Such a written demand shall be
delivered by certified mail to the director of planning and development.In such
event,the director of planning and development shall make a decision on the
application as appropriate within thirty(30)business days after receiving such
demand.If a decision is not made in such a time,the application shall be deemed
denied.
f. Any person aggrieved by the decision of the director of planning and
development upon a sign permit application,or aggrieved by any failure by the director
of planning and development or by any other city official to act upon a sign permit
application in accordance with the LDC, shall have the right to seek judicial review by
the Circuit Court of the Fourth Judicial Circuit in and for Duval County,Florida,or by
any other court of competent jurisdiction,filed in accordance with the requirements of
law,seeking such appropriate remedy as may be available.
g. If an applicant believes that his or her speech rights are being denied due to
enforcement of subsection(8)c.or(8)e.,above,he or she may immediately contact the
planning and development department director,in writing via certified letter,and request
immediate review of any pending sign permit application.If such a letter is received by
the planning and development department director,the city shall have twenty(20)days to
review the permit application as under subsection(8)a.,above,notwithstanding the
provisions of subsection(8)c or(8)e.,above. If the planning and development
department director does not respond to the applicant following receipt of the certified
letter,the substance of the applicant's complaint shall be deemed rejected.
Ordinance No.2015-8065 Exhibit A,Page 30 of 35
h. if an application is deemed incomplete,the applicant may either take steps to ronnatted:space After. 12 pt
submit a complete application or challenge the City's decision by seeking judicial review
by the Circuit Court of the Fourth Judicial Circuit in and for Duval County.or by any
other court of competent jurisdiction,filed in accordance with the requirements of law,
seeking such appropriate remedy as may be available.
(9) Sign permit fees.Before issuance of a permit,the director of planning and
development shall collect the necessary sign permit fees.The sign permit fees shall be as
designated by resolution of the city council.
(10) Inspection.The director of planning and development may make or require any
inspections to ascertain compliance with the provisions of this division and the Land
Development Code.
(11) Revocation of sign permit.If the work under any sign permit is proceeding in
violation of this division,the Land Development Code,or the Florida Building Code,or should it
be found that there has been any false statement or misrepresentation of a material fact in the
application or plans on which the sign permit was based,the permit holder shall be notified of
the violation.If the permit holder fails or refuses to make corrections within ten(10)days,it
shall be the duty of the director of planning and development to revoke such sign permit and
serve notice upon such permit holder.Such notice shall be in writing and signed by the director
of planning and development.It shall be unlawful for any person to proceed with any part of
work after such notice is issued.
Sec.34-450. Nonconforming signs.
All signs that are lawfully in existence or are lawfully erected and that do not conform to
the provisions of this division are declared nonconforming signs.It is the intent of this division
to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as
possible is as much a subject of health,safety,and welfare as is the prohibition of new signs that
would violate the provisions of this division.It is also the intent of this division that any
elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of
established property rights.
(1) Legal nonconforming signs:
a. A legal nonconforming sign is a sign that lawfully existed at the time of
the enactment of this division that does not conform to the regulations as specified in this
division.
b. A legal nonconforming sign may continue to be utilized only in the
manner and to the extent that it existed at the time of the adoption of this division or any
amendment thereof.
c. A legal nonconforming sign may not be altered in any manner not in
conformance with this division.This does not apply to reasonable repair and maintenance
of the sign or to a change of copy provided that by changing the copy structural
alterations are not required.
Ordinance No.2015-8065 Exhibit A,Page 31 of 35
d. Any building permit for an addition,alteration,or improvement valued at
more than fifty(50)percent of the fair market value of the structure or building for work
at locations where any nonconforming sign exists shall specify and require that such
nonconforming signs located within the boundaries of the development site,and within
the limits of the applicant's control,shall be brought into conformance with the
provisions of this division,provided that if the nonconforming sign is a type of sign that
is prohibited under section 34-444,Prohibited Signs in All Zoning Districts,it shall be
removed.
e. Legal nonconforming signs that are located on a parcel of property that is
severed from a larger parcel of property and acquired by a public entity for public use by
condemnation,purchase or dedication may be relocated on the remaining parcel without
extinguishing the legal nonconforming status of that sign provided that the
nonconforming sign:
1. Is not increased in area or height to exceed the limits of the zoning
district in which it is located;
2. Remains structurally unchanged except for reasonable repairs or
alterations;
3. Is placed in the most similar position on the remaining property
that it occupied prior to the relocation;and
4. Is relocated in a manner so as to comply with all applicable safety
requirements.
After relocation pursuant to this subsection,the legal nonconforming sign shall be subject
to all provisions of this section in its new location.
(2) Signs rendered nonconforming:
a. Except as provided in this section,a nonconforming sign may continue in
the manner and to the extent that it existed at the time of the adoption,amendment or
annexation of the division that rendered the sign nonconforming.This section shall not
prohibit reasonable repairs and alterations to nonconforming signs.
b. A nonconforming sign shall not be re-erected,relocated or replaced unless
it is brought into compliance with the requirements of this division.An existing
monument sign that conforms to the size and height limitations set forth herein,but is
otherwise nonconforming,may be relocated a single time to another location on the same
parcel.
c. Any nonconforming sign shall be removed or rebuilt in full conformity to
the terms of this division if it is damaged or allowed to deteriorate to such an extent that
the cost of repair or restoration is fifty(50)percent or more of the cost of replacement of
such sign.
Ordinance No.2015-8065 Exhibit A,Page 32 of 35
(3) Signs for a legal nonconforming use:
a. New or additional signs for a nonconforming use shall not be permitted.
b. A nonconforming sign for a nonconforming use that ceases to be used for
a period of sixty(60)consecutive days or is replaced by a conforming use,shall be
considered a prohibited sign and shall be removed or brought into conformance upon
establishment of a conforming use.
(4) Signs discontinued:
a. Sign structures that remain vacant,unoccupied or devoid of any message,
or display a message pertaining to a time,event or purpose that no longer applies shall be
deemed to be discontinued.
b. A nonconforming sign deemed discontinued shall immediately terminate
the right to maintain such sign.
c. Within sixty(60)days after a sign structure has been discontinued,it shall
be the responsibility of the property owner or the property owner's authorized agent to
remove the discontinued sign and to parch and conceal any and all damage to any other
structure resulting from removal of the sign.
d. Removal of a discontinued nonconforming sign shall include all sign
support components,angle irons,poles,and other remnants of the discontinued sign,that
are not currently in use,or proposed for immediate reuse as evidenced by a sign permit
application for a permitted sign.
(5) Unsafe signs:
a. If the building official determines any sign or sign structure to be in an
unsafe condition,he/she shall immediately notify,in writing,the owner of such sign who
shall correct such condition within forty-eight(48)hours.
b. If the correction has not been made within forty-eight(48)hours,the
building official may have the sign removed if it creates a danger to the public safety or
have any necessary repairs or maintenance performed at the expense of the sign owner or
owner or lessee of the property upon which the sign is located.
Sec.34-451. Miscellaneous Provisions.
(1) Maintenance of Sign Location. For a sign requiring a sign permit,weeds and
grass shall be kept cut in front of,behind,underneath,and from around the base of the sign for a
minimum distance of ten(10)feet from the sign base,and there shall be no rubbish or debris
within ten(10)feet of the sign base or underneath the sign.
(2) Ingress and Egress Signs. For safety purposes and for traffic circulation purposes,
permanent ingress and egress signs to a parcel are permitted provided the same do not exceed
Ordinance No.2015-8065 Exhibit A,Page 33 of 35
four(4)square feet in size and no more than three(3)feet in height. Such signs shall not require
a permit.
Sec.34-452. Penalties.
Penalties for violation of this Division IV shall be as provided in Section 34-640;
however,notwithstanding anything in the LDC or in the Jacksonville Ordinance Code to the
contrary,a penalty for a violation of this Division IV shall be limited to civil penalties only and
shall not extend to any criminal penalty including but not limited to incarceration.
Sec.34-453. Severability.
(1) Generally.If any part,section,subsection,paragraph,subparagraph,sentence,
phrase,clause,term,or word of this Division IV is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction,the declaration of such
unconstitutionality shall not affect any other part,section,subsection,paragraph,subparagraph,
sentence,phrase,clause,term,or word of this division.
(2) Severability where less speech results.Without diminishing or limiting in any
way the declaration of severability set forth above in subsection(1),above,or elsewhere in this
Division IV,the Jacksonville Beach Code of Ordinances,or any adopting ordinance,if any part,
section,subsection,paragraph,subparagraph,sentence,phrase,clause,term,or word of this
division is declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction,the declaration of such unconstitutionality shall not affect any other part,section,
subsection,paragraph,subparagraph,sentence,phrase,clause,term,or word of this division,
even if such severability would result in a situation where there would be less speech,whether by
subjecting previously exempt signs to permitting or otherwise.
(3) Severability of provisions pertaining to prohibited signs.Without diminishing or
limiting in any way the declaration of severability set forth above in subsection(1),above,or
elsewhere in this Division IV, the Jacksonville Beach Code of Ordinance,or any adopting
ordinance,if any part,section,subsection,paragraph,subparagraph,sentence,phrase,clause,
term,or word of this division or any other law is declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction,the declaration of such unconstitutionality shall
not affect any other part,section,subsection,paragraph,subparagraph,sentence,phrase,clause,
term,or word of this Division IV that pertains to prohibited signs,including specifically those
signs and sign types prohibited and not allowed under section 34-444,Prohibited Signs,of this
Division IV.Furthermore,if any part,section,subsection,paragraph,subparagraph,sentence,
phrase,clause,term,or word of section 34-444 is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction,the declaration of such
unconstitutionality shall not affect any other part,section,subsection,paragraph,subparagraph,
sentence,phrase,clause,term,or word of section 34-444 thereby ensuring that as many
prohibited sign types as may be constitutionally prohibited continue to be prohibited.
(4) Severability of prohibition on billboards.If any part,section,subsection,
paragraph,subparagraph,sentence,phrase,clause,term,or word of this division and/or any other
Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or
Ordinance No.2015-8065 Exhibit A,Page 34 of 35
decree of any court of competent jurisdiction,the declaration of such unconstitutionality shall not
affect the prohibition on billboards as contained in this Division N or in the Jacksonville Beach
Code of Ordinances.
Ordinance No.2015-8065 Exhibit A,Page 35 of 35