St Augustine Beach 6-20-16 Agenda Packet •�'T - AGENDA
SPECIAL CITY COMMISSION MEETING City Hall
2200 A l A South
CITY OF ST.AUGUSTINE BEACH st Augusvnc Brach_FL 32080
MONDAY,JUNE 20,2016
5:01 PM.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
III. PUBLIC HEARING AND FIRST READING OF ORDINANCES TO CHANGE
DEFINITIONS AND SIGN REGULATIONS.
A. Ordinance 16-03, to Change Definitions
B. Ordinance 16-04, to Change Sign Regulations
V. ADJOURNMENT
NOTICES:In accordance‘ti Ith Florida Statute 2861)105:-If any person decides to appeal any decision made a nth respect to am
matter considered at this scheduled meeting or hearing,the person will need a record of the proceedings.and for such purpose the
person may need to ensure that a s erbatim record of the proceedings is made. which record includes the testimony and evidence
upon which the appeal is to be based
In accordance with the Americans with Disabilities act.persons needing a special accommodation to participate in this proceeding
should contact the City Manager's Office not later than seven days prior to the proceeding at the address prodded.or telephone
904-471-2122.or email sabadminuii cityofsab org
MEMORANDUM
To: Mayor O'Brien
Vice Mayor George
Commissioner Samuels
Commissioner Snodgrass
Commissioner England
FROM: Max Royle, City Manage 1
DATE: June 14, 2016
SUBJECT: Public Hearing and First Reading of Ordinances to Change Definitions and
Sign Regulations:
A. Ordinance 16-03, to Change Definitions
B Ordinance 16-04, to Change Sign Regulations
INTRODUCTION
The City was advised in May that its current sign regulations are not in accordance with
a 2015 U S Supreme Court decision concerning governmental regulation of signs The
City has been sued over the issuance of a permit for a political sign that has been put on
an existing pole sign on the Savage Swimwear/Extreme Sports property on the east side
of State Road A1A, south of Versaggi Drive. That suit is on hold until mid-July, when it's
expected that the City will have adopted new sign regulations.
Ms Susan Erdelyi, an attorney with the Jacksonville law firm of Marks Gray, has been
assigned by the City's liability insurer, the Florida Municipal Insurance Trust of the Florida
League of Cities, to defend the City in the lawsuit. Ms. Erdelyi is also the City Attorney for
Jacksonville Beach, which was sued in a case involving its sign code.
At your June 1st meeting, the two proposed ordinances and explanatory information were
presented to you and Ms. Erdelyi explained the background of the ordinances The
ordinances now have been advertised for a public hearing and first reading at a special
meeting on Monday, June 20, 2016, which will start at 5 01 p.m
After your June 1st meeting, Ms. Erdelyi prepared an outline of the changes to the City s
sign regulations for the public and the City staff put it and the two ordinances online for
interested persons to review In addition, a postcard was sent to 98 businesses in the City
informing them of the two ordinances, the time and place of the June 20th public hearing,
and where the ordinances could be reviewed online
A
ATTACHMENTS
Attached for your review is the following information:
a. Pages 1-2, Ms Erdelyi's outline of the changes
b Pages 3-5, the memo Ms. Erdelyi provided to you for your June 1st meeting.
c. Page 6, a memo from the Planning Board's secretary, Ms Bonnie Miller, stating
that the Board, at its May 17, 2016 meeting, had recommended that you
approve the ordinances.
d. Pages 7-12, the minutes from your June 1st meeting, when Ms Erdelyi
explained the two ordinances to you.
e Ordinances 16-03 and 16-04.
PLEASE NOTE 1. Non-conforming signs Mr. Larson says there is only one, and that is
the rooftop sign on the Sunshine Shop north of 3rd Street. If you adopt the new sign
regulations, the owner of the business will be informed that the sign is non-conforming
and will have to be removed after five years, or by August 1, 2021, or if the sign requires
replacement or repair of more than 50% of its structure
2. Changes to Exhibit A because of your comments at the June 1st meeting. The changes
to Exhibit A have been noted by yellow highlight. The changes are on pages 7, 12, 16,
and 27
ACTION REQUESTED
It's that you hold the public hearing. If there are no substantial changes to the ordinances
because of public comment, the ordinances can be passed on the first reading They will
then be scheduled for a second public hearing and final reading at your July 11th regular
meeting
Ms. Erdelyi will be at your June 20th meeting to help answer any questions that you or the
public may have concerning the ordinances.
B
1.]
MarksG ray
Memorandum
TO: Max Royle,City Manager
FROM: Susan Erdelyi,Attorney
DATE: June 9,2016
RE: ORDINANCE NO. 20 16-03 (Definitions)and 2016-04 (Sign Code).
On June 1, 2016, we presented the City Commission with Proposed Ordinance 2016-03
(Definitions) and 2016-04 (Sign Code). Both of these proposed ordinances were recommended
for approval by the City's Planning and Zoning Board at its May 17, 2016 meeting. At the June
1, 2016 City Commission meeting the Commissioners gave further direction for changes to
Ordinance 2016-04 (Sign Code). We have implemented those changes.
This memorandum is provided to explain the differences and similarities between the City's old
sign code and the proposed sign code. The basis for the changes is outlined in my May 24, 2016
memo to the City Manager(contained within the June 1,2016 agenda packet).
What is different?
1. Land use Principles - The proposed ordinance ties signs to land use principles. Florida
law requires local governments to adopt land development regulations that regulate
signage. See Fla. Stats. § 163.3202(2)(f).
2. More definitions - Umbrella signs, canopy signs, drive through business signs, menu
signs are new definitions that are contained in the Land Development Code (Ord. 2016-
03). The design is to address every possible sign type.
3. Elimination of classes of signs. The new sign code(to comply with the Supreme Court's
guidance in Reed v. Town of Gilbert), will no longer have sign classifications such as
"political signs" or "For Rent" signs. Instead, signs will be categorized by their size,
their permanency (temporary vs. permanent and materials with which they are structured)
and their location.
4. Nonconforming signs were previously required to be removed after 7 years. The new
code calls for removal of a non-conforming sign after 5 years or if the sign requires
replacement or repair of more than 50%of the structure,whichever occurs first.
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5. Changeable copy signs or signs with electronic messages are now allowed. Changes in
the messages will be allowed one time every two hours. The changeable copy is limited
to no more than 50% of the sign face. Lighting must not include flashing lights that are
distracting to motorists and others and will contain limits on brightness.
6. Banners and Special Events—Banners are allowed on commercial property for special
events for up to 30 days per year. See Table 8.00.06.1 (footnote 1).
7. Substitution of non-commercial speech for commercial speech—Any commercial
message may be substituted with a non-commercial message.
8. Signs on City property--Only the City may place signs on city property.
9. More clarity—more detail is provided in the new sign code. Signs that are not placed in
the ground are not governed under the land development code because they do not
involve land.
What is the same?
1. Sign size and height—no changes have been made to the sizes of signs. The prior code
allowed up to 144 square feet in sign area for signs that could be up to 12 feet high. The
current code provides the same.
2. Relationship between parcel size and sign sizes allowed—The proposed code authorizes
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 forty-four(144)square feet."
Sec. 8.00.04(17).
3. Billboards continue to be banned;however,this prohibition is further supported by
disallowing billboards in all land use areas within the City.
4. Signs advertising events must be removed within 7 days of the event. See Table
8.00.06.1. This is consistent with current code provision Sec. 8.01.0203)(C)and Sec.
8.01.07(E).
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[NO
MarksGray
Memorandum
TO: Max Royle, City Manager
FROM: Susan Erdelyi,Attorney
DATE: May 24,2016
RE: ORDINANCE NO.2016-03 (Definitions) and 2016-04 (Sign Code).
Action Requested:
Adopt Ordinance 2016-03 (Definitions) to amend and replace the existing Appendix A -
Article II, Section 2.00.00 in the Land Development Code for the City of St. Augustine Beach
with a new Article II deleting,revising,or adding new definitions relating to signs.
Background:
The current Land Development Code (Code) for the City of St. Augustine Beach has a section
outlining the definitions in its Code. Some of the definitions relate to the City's sign code,
currently located in Article VIII of the Code.
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 political 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 Attorney has recommended that the City should take
action to 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 some of the existing criteria for signage within the
City of St. Augustine Beach but restructure the Sign Standards where they could be improved.
The major changes are noted below.
Ordinance 2016-03 (Definitions) contains updates to the Definitions for the Land
Development Code. Some definitions have been added. Some definitions have been deleted.
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Some definitions have been revised. This proposed ordinance strikes through definitions that
will be eliminated and contains underlines of definitions that are added or revised.
The main difference between the definitions in the current code and Ordinance 2016-
(Definitions)is the deletion of certain categories of signs that are currently based on the category
description of the type of signs and revisions to definitions that could be problematic with the
new law. For instance, the current code has definitions for "Political signs". 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.
hi Ordinance 2016-03 (Definitions), signs such as "political 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 would be
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 would fit in the category of"Temporary signs"under the proposed code.
Recommendation:
Approve Ordinance 2016-03 (Definitions).
Action Requested:
Adopt Ordinance 2016-04 to replace the existing Article VIII, Section 8 (Sign Code) of
Appendix A(Land Development Regulations)applicable to signs.
Background:
See above background which also applies to Ordinance 2016-04 (Sign Code). Ordinance No.
2016- 04 _contains a new Article VIII, section 8 (Sign Code) of the Land Development Code.
The changes within Article VIII, (Sign Code), are designed to comport with the Reed decision.
Article VIII is restructured to make the code more user-friendly, but, when possible, maintains
most of the provisions from the prior sign code.
The proposed sign code ordinance ties signs to land use principles.' Both the current code and
proposed Ordinance No. 2016-04 (Sign Code) 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, ground 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." Sec. 8.00.04(17).
F Florida Iaw requires local governments to adopt land development regulations that regulate signage. See Fla.
Srars. § 163.3202{2X0-
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Two changes in the proposed ordinance include the revision of the City's code from requiring
non-conforming signs to be removed in seven years. The proposed ordinance allows for non-
conforming signs to remain so long as no more than 50% of the structure is replaced. See Sec.
8.00.10(1)(d). The City's current provision on non-conforming signs appears to have been
passed in 1991 and is contained in Article X, Sec. 10.01.03(B) of the Code. Under the prior
ordinance, non-conforming signs were to have been removed within 7 years of passage of the
code. This time frame should have expired by now, essentially rendering the provisions of Sec.
10.01.03(B) obsolete. It is recommended that Section I0.01.03(B) be repealed. If so, this
ordinance may be amended to reflect this.
Also, a question was raised about how the City wishes to handle changeable copy signs. The
City's current sign code does not provide specific information about changeable copy signs. The
Proposed Ordinance allows changeable copy for up to 50% of allowable area of a ground or wall
sign. See 8.00.04(24). Guidance on how often the change of message on a changeable copy sign
will be allowed is needed. We recommended changes once every 24 hours; however, shorter
times are allowed. Caution is given to have a conservative limit to support the traffic safety and
aesthetic concerns justifying the reason for the ordinance. An additional alternative is to make
changeable copy signs non-conforming if the City Commission chooses this course as well.
Under the proposed Ordinance, permanent signs require permits and temporary signs do not
require permits.
Recommendation:
Approve Ordinance 2016-04 (Sign Code).
Planning and Zoning Board
On Tuesday May 17,2016,the Planning and Zoning Board(PZB) considered the two ordinances
and recommended approval. A question was raised about whether the code could include
disallowing florescent paint. The Board supported this recommendation. If the Commission
were to agree,an amendment could be made to add this.
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MEMO
To: Max Royle, City Manager
From: Bonnie Miller,Administrative Assistant II
Subject: Proposed Ordinances to amend City's Sign Regulations
Date: Wednesday, May 18, 2016
Please be advised that at its regular monthly meeting held Tuesday,May 17,2016,the City of
St.Augustine Beach Comprehensive Planning and Zoning Board voted unanimously to recommend
to the City Commission that the City's current sign regulations,per Article II,Definitions, Section
2.00.00, and Article VIII, Signs, Section 8.00.00 of the City of St. Augustine Beach Land
Development Regulations, be amended to be in accordance with a 2015 Supreme Court decision
concerning government regulation of signs.
The proposed ordinances amend Article II, Definitions, Section 2.00.00 and Article VIII,
Signs, Section 8.00.00 of the City of St.Augustine Beach Land Development Regulations,and repeal
the City's existing sign regulations to provide for new regulations in accordance with the Supreme
Court's decision.
The motion to recommend the City Commission approved passage of these two proposed
ordinances,contingent upon correction of scrivener's errors andlor typos,was made by Ms. Sloan,
seconded by Mr. Bradfield, and passed 7-0 by the Board by unanimous voice vote.
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A. Attorney Susan Erdelyi of Marks Gray and Ordinances to Change the City's Sign
Regulations Because of Supreme Court Decision
Mayor O'Brien introduced Item VII C and asked for a staff report from Attorney Susan
Erdelyi.
Ms. Susan Erdelyi advised that due to the Reed v. Town of Gilbert case, the Supreme
Court made it necessary for government to change the City's sign ordinance. She
explained the case and advised that temporary directional signs involve speech and
structure. She commented that Florida law requires sign codes according to
163.3202(2){f} and explained what the code should include, such as: size, location,
public or private property, on premise and off-premise signs, time restrictions on one-
time events, limits on the number of signs per mile. lighted and unlighted. fixed
message and electronic signs, and signs on residential and commercial properties. She
defined a permanent or temporary sign and why location and size were necessary to be
included in the codes. She recommended strongly not to allow election signs on City
properties or right-of-ways because they would have to allow hate signs as well. She
explained that there were two ordinances. one on definitions and the other stating the
sign criteria. She commented that she did get guidance regarding non-conforming signs
and advised that the code presently has an amortization schedule for seven years. She
advised that the problem was enforcement. She recommended that if the sign needs
repairs more than 50 percent. then they would need to come into compliance with the
new code or if they replace a sign, they would have to come into compliance with the
new code. She explained that if the repairs were less than 50 percent, the owner could
keep their non-conforming sign and make repairs. She suggested that that would be
easier for the City regarding enforcement. She advised that the other issue she needed
guidance on was changeable copy signs or electronic signs. She commented that the
City could outlaw the changeable copy signs or she could make provisions for
electronic signs in the code,hut needed guidance on the timeframe to allow the message
and on how often the signs were allowed change. She advised that the signs could be
distracting. She mentioned that St. Johns County allows signs to change once every
two hours and the City of Jacksonville Beach allows the sign to change once per day.
She advised that the Planning and Zoning Board has asked to outlaw fluorescent paint
signs as well
Mayor O'Brien advised that how the message was displayed was more important than
how often the message changes. 1 le advised that he would like them to fade in and out
whether than flashing. He agreed with the change in the message being every two
hours. He also agreed with signs being set to the new code when the sign needs 50
percent or more in repairs.
Commissioner Snodgrass asked how many non-conforming signs were in the City and
if Building Official Larson could give him an example of them.
Building Official Larson advised that the biggest one was the billboard sign for the
Sunshine Shop. but they have a contract with the City that it could stay
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Commissioner Snodgrass asked when the contract would end and whether there should
be a sunset provision.
Building Official Larson advised that he didn't know the exact date:however,he could
get him a list by June 14, 2016.
Attorney Erdelyi advised that she would have to review these conditional use permits
regarding signs.
Commissioner Snodgrass advised that he believed that staff should know what the non-
conforming signs were, what issues are related to them, and where they have a sunset
provision. He asked if there was a sunset provision and how would the City get them
to conform.
Attorney Erdelyi advised that currently how the code was written, they would have to
take them down if the signs were in need of repair by 50 percent or more.
Commissioner Snodgrass asked where the electronic signs were located in the City and
what extent were they being used.
Building Official Larson advised that there were electronic signs at Circle K gas
stations, Walgreens, and Alvin's Island. He advised that he was about to cite Alvin's
Island because they are using a flashing electronic sign
Commissioner Snodgrass asked about the temporary banners that were throughout the
City.
Attorney Erdelyi advised that the code prohibits banner signs. streamer, and balloons.
She advised that that would be a policy decision that the Commission could give her
guidance on. She commented that the main reason for prohibiting them were ascetics.
Commissioner Snodgrass advised that he didn't want to over regulate, but on the other
hand, he was concerned about the beautification of the City. He advised that he would
support enforcement of what the code was currently.
Attorney Erdelyi advised that she had tightened the language so it would he more
enforceable.
Commissioner England commented that the staff should supply a list of non-
conforming signs. She advised if the codes were going to be stricter on ascetics, then
why didn't the owner of the sign wouldn't have to comply within a certain timeframe.
She suggested adding to the repair language that signs have to be in compliance within
ten years.
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Attorney Erdelyi advised that she would look at the amortization schedule and research
whether the language could be changed to include both.
Commissioner Snodgrass advised that ten years was a long time.
Attorney Erdelyi advised that seven years has case law.
Vice Mayor George added that the language should also say whichever comes first,the
50 percent repairs or ten years. She also advised that language should be written that
if the brackets were in need of replacement, then the owner needs to come into
immediate compliance.
Attorney Erdelyi advised that the code did allow for changing the sign face. She
advised that the sign face could be more than 50 percent repair of the sign. She
suggested that the sign face should be part of the code as part of the 50 percent.
Mayor O'Brien asked who would judge the 50 percent of the value. He advised that it
should be written in the code who does the analysis.
Attorney Erdelyi advised that the Building Official makes the decision and sometimes
the owner may disagree.
Mayor O'Brien requested some guidance on that issue of how the Building Official
comes up with the 50 percent repairs.
Commissioner Snodgrass asked about the ascetics of signs and having some signs being
an eye sore. He requested to have a standard for ascetics and to have language to
enforce it.
Attorney Erdelyi advised that was usually under the nuisance code. She advised that
the code language would not give firm guidance on an ugly sign. She commented that
she would review it.
Commissioner Samuels asked about sign spinners.
Attorney Erdelyi advised that the code does not address sign spinners because Florida
Statutes only addresses what was in the ground or attached to a building. She advised
that the sign spinners could be addressed under the nuisance code
Commissioner Samuels asked about the language regarding balloons being prohibited.
She gave an example of a resident having a balloon when they had a baby.
Attorney Erdelyi advised that the code was referring to car dealerships with the flags
and balloons for commercial advertising. She explained that the language does say that
it would be for commercial properties.
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Mayor O'Brien advised that it was 7:00 p.m. and would move to Item I since the sign
language interpreter was at the meeting
The Commission returned to this item at 7:15 p.m.
Vice Mayor George asked if Attorney Erdelyi reviewed the land development
agreements that the City and the commercial owners that were next to the parking
plazas where the City has permitted long term use of a commercial sign.
Attorney Erdelyi advised no. She advised that she would reNiew any general licensing
agreements with the City
City Manager Royle advised that if the City does not allow any signs on the City right-
of-ways or properties, then those agreements should not be allowed either.
Attorney Erdelyi advised that under the code, those agreements would not be allowed
and would become non-conforming signs. She commented that the City would have
to ask them to he removed. She advised that she would have to look at the agreements
and advised that it might not be a good move to make them remove them because it
might be a violation of free speech.
Vice Mayor George asked if Attorney Erdelyi knew how these codes compare to the
Anastasia Boulevard overlay that St. Johns County has on SR AlA due to the specific
sign regulations.
Attorney Erdelyi advised no. She advised that she would call St. Johns County to find
the out the regulations.
Vice Mayor George advised that they have restrictor standards on the changeable copy
signs. She asked if there was any way to limit content if signs were allowed on City
property or right-of-ways.
Attorney Erdelyi advised no. She explained that that would be not a prudent 11101,e.
Vice Mayor George advised that signs were allowed because of the slow economy and
because the businesses were so far from the road due to the City's right-of-ways.
Attorney Erdelyi commented that there would be tension between the business owners
and what was allowed on City properties. She explained that the only way to protect
the City was not to allow any signs on City properties except for City speech
Discussion ensued regarding the City licensing signs in the City plazas; pendants being
put on the right-of-ways: the impact on enforcement if property owners put signs or
landscape on the right-of--ways; and the liabilities to the City if the Code Enforcement
Officer does not enforce the ordinance correctly.
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Attorney-Erdelyi advised that most cities do selective enforcement from a complaint.
Commissioner Snodgrass advised that he supported banners when the economy was in
distress, but economics were improving and the City should have a tighter standard.
He commented that he felt that banners detract from the City.
Commissioner Samuels advised that there were banners placed on the City's welcome
sign on SR 312 when there was a special event. She asked if it would still be allowed
and if there could be a time limit on the banner of 24 hours to allow for new businesses
to show their grand openings or if the City wanted to put signs in the right-of-ways
regarding event parking.
Attorney Erdelyi advised that the sign ordinance does address the time limits and if the
City wants to have event parking signs, that would be allowed. She explained that the
City has the right to City speech.
Vice Mayor George advised that the Commission has to he careful because if they
allow for one group they must grant all groups signs.
Attorney Erdelyi commented that the Commission could allow for their own City
speech and does not have to allow for other groups signs if they don't want to.
City Attorney Wilson advised that there would be no action at this meeting. He
explained that there would he two public hearings and they would be ads ertised.
Vice Mayor George asked if the Commission would like to accelerate compliance and
if Attorney Erdelyi would recommend starting enforcing compliance or wait until the
new code implemented.
Attorney Erdelyi advised to wait for the new code adoption. She explained that she
would be researching whether it ss.ould be legally defensible to have the 50 percent
repairs to the sign code or an amortization period for seven years, whichever comes
first. She advised that she would like further guidance on the electronic signs on
whether the Commission wants them and the timeframe.
Commission agreed to electronic signs fading in and out every two hours, but not
flashing signs.
Mayor O'Brien opened the Public Comments section. The following addressed the
Commission:
Tom Reynolds, 880 AlA Beach Blvd., advised that the Commission could have given
Ann Palmquist a second response on the vacating the alleyway issue. He commented
that if a subject takes a long time,then it should be a separate workshop He asked why
there was no agenda backup information on the back table for the public. He
commented that the sign code was big and the Commission should be careful how they
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allow for electronic signs. He asked if the electronic signs would be allowed all night
for a business and if the Commission would get a Florida Ethics Commission opinion
on electronic signs. He stated that he researched a lot regarding St. Johns County's
sign ordinance and to have a separate workshop for these types of matters.
Ed Slavin, PO Box 3084, thanked City Attorney Wilson, Attorney Erdelyi and Bruce
Bates who was the artist who brought suit to the City of St. Augustine, which called
his attention to the Reed v. Town of Gilbert case He advised it had been ten years
since he told the City that the sign ordinance was unconstitutional and gave the history
of the of political signs in St. Johns County. He explained that there was a need to
make the world safe for political yard signs. He commented that he would not ban
political signs at city hall because it was part of the political culture of the area. He
asked the Commission to be open minded on government land and should he careful
not to be sued. He thanked the Commission for listening after ten years.
Mayor O'Brien closed the Public Comment section and moved to Item VII D.
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ORDINANCE NO. 16-03
AN ORDINANCE RELATING TO THE DEFINITIONS USED IN APPENDIX A -- LAND
DEVELOPMENT REGULATIONS ARTICLE II, DEFINITIONS SECTION 2.00.00 IN THE
LAND DEVELOPMENT CODE OF THE CITY OF ST. AUGUSTINE 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 Commission of the City of St. Augustine 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 Commission 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 St. Augustine Beach finds and determines that the updated and
revised definitions herein ane;Qonsistent with all applicable policies of the City's adopted 2010-
2020 Comprehensive Plan,amended in 2013;
WHEREAS, the City of St. Augustine Beach finds and determines that the updated and
revised definitions herein are not in conflict with the public interest;
WHEREAS, the City of St. Augustine 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;
"!r
Ordinance No 20 I 6- 03 Page 1
WHEREAS, the City of St. Augustine 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 invalid provisions
are stricken [see, e.g, Waldrup v Dugger, 562 So.2d 687 (Fla. 1990)];
WHEREAS, the City of St. Augustine 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; %rri
WHEREAS, the City of St_ Augustine Beach finds and determines that the failure of
some cour6 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 St. Augustine 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 St. Augustine Beach wishes to ensure that severability provisions
apply to its land development regulations, including its sign regulations;
WHEREAS,the City of St. Augustine 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
Ordinance No 20I6-03 Page 2
regulations be applied to the maximum extent possible, even if less speech would result from a
Nor
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever; and
WHEREAS, the City of St. Augustine 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
Reed Y. Town of Gilbert, Ariz., U.S.—, 135 S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ST. AUGUSTINE
BEACH,FLORIDA:
SECTION 1. That Article II, Definitions,-Section 2.00.00 of the Land Development Code of
the St. Augustine Beach City Code of Ordinances,is amended to add the following underlined
language, and repeal the following struck through language:__=
Article Il. Definitions.
Terms in the LDC shall have the following definitions,
Abandoned Motor Vehicle—One-that is in a state of disrepair and incapable of being moved
under its own power.
•
Abut—To physically touch or bor'u 3b;or to share a common property line.
Accessory Building—A separate building or structure,the use of which is incidental to that of the
principal building on the same lot.
Accessory Use—A use of land or structure or portion thereof customarily incidental and
subordinate to the principal use of the land or structure and located on the same parcel with the
principal use.
Accesswav A paved area intended to provide ingress and egress of vehicular traffic from a
public right-of-way to an off-street parking area or loading area.
Adult Congregate Living Facility(ACLF)—A type of residential care facility, defined in Chapter
400, Part 2, Florida Statutes.
Advertising—means any commercial sign copy intended to aid, directly or indirectly, in the sale,
Nur use or promotion of a product, commodity, service, sales event, activity,entertainment, of real or
Ordinance No 201e-°3 Page 3
personal property. -' - .. - . . - :r indirectly promote the sale or use of a
- -- • , . :" "co. - .. . :: - . voge
Aggrieved or Adversely Affected Person—Any person who is suffering or will suffer an
adverse effect to an interest protected or furthered by the local government comprehensive plan,
including but not limited to: interests related to health and safety; police and fire protection
services; densities or intensities of development; transportation facilities; recreational facilities;
educational facilities; health care facilities, equipment, or services; and environmental or natural
resources. The alleged adverse effect may be shared in common with other members of the
community at large, but it must exceed in degree the general interest in community good shared
by all persons.
Agent—A representative of an owner who performs any services for the owner with respect to
the real estate of the owner.
Alley—A roadway dedicated to public use that affords only a secondary means of access to
abutting property and is not intended for general traffic circulation.
Alter or Alteration—Any change or modification•in construction. In the case of a sign, alteration
shall include any change of 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
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any type of screen using animated or scrolling displays, such as an LED (light emitting diode)
screen or any other type of video display.
Application for development permit means an application submitted to the City of St. Augustine
Beach requesting the approvglakaivel4thent permit.
Arcades—Any facility or establishment that allows patrons to operate a machine or game upon
the insertion of a coin,token,disc, card swipe,and similar methods, that enable patrons to use
the machine or game as a means of amusement or entertainment. Examples include, but are not
limited to,video arcade games,slot machines, video simulated card games, and/or similar
devices. This definition shall not apply to facilities with six (6) or fewer game machines.
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.
Artwork means a two- or three-dimensional representation of a creative idea that is expressed in
an art form but does not convey the name of the business or a commercial message. If displayed rte'
Ordinance No 2016-fly
Page 4
as a two-dimensional representation on a flat surface the same shall not exceed one-quarter (114)
Itaw 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 land use district in which it is
located. All outdoor artwork shall also conform to any applicable building code and safety
standards.
Attached sizn 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.
Attic—The space between the top story and a pitched roof.
•
A-Weighted Sound Level—The sound pressure level in decibels as measured with a sound level
meter using the A-weighting network. The unit of measurement is the db(A).
Awning means any secondary covering attached to the exterior wall of 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 ming, canopy, or other fabric,plastic, or structural
protective cover over a door, entranceo,window, or outdoor service area. A marquee is not a
canopy.
Bandit sign means the same as a snipe sign. See Snipe sign.
Banner shall mean a temporary sign made of windand 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 per;plagic or fabric of any kind. Flags-shall not be considered banners for the
purpose-otthis definition.
Banner, vertical streetlight means a temporary government sign made of wind and weather
resistant cloth or other lightweight material,displaying government speech and hung in the
public right-of-way from rods anti brackets attached to a government-owned streetlight pole.
Basement—That portion of a building between floor and ceiling,which is partly below and
partly above grade,but so located that vertical distance from grade to the floor below is less than
the vertical distance from grade to ceiling, provided, however,that the distance from grade to
ceiling shall be at least four(4) feet six(6) inches.
Bed and Breakfast--A building or part thereof at least fifty (50) years old or older,other than a
hotel, motel or inn, where sleeping accommodations and meals are provided for lodgers by daily
charge and which also serves as the residence of the operator or owner. All such establishments
must be furnished with period antiques or reproductions and maintain a historic ambiance.
Beacon sign means a stationary or revolving light which flashes or projects illumination, single
rm.► color or multicolored, in any manner which has the effect of attracting or diverting attention.
Orcbnance No 2016-03 Page 5
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.
Billboards—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.Any sign larger than signs pcnnittchis
Code.
Boarding House—A building other than a hotel, where lodging or meals or both are served for
compensation.
Boat—A form of transportation, including motorized and non-motorized boats,required to be
registered for use on water in the state. •
Building—A structure having a roof supported by Columns or walls built for support, shelter or
enclosure of persons, animals, chattels or property. _
Building Height—The vertical distance from the minimum required lowest floor elevation to the
highest finished roof surface. The building height does not include basements or cellars.
- . -- - -. - - - - ..• - , - - - - - - -
Building Story Height- 'he vertiral.distance from top to top of two (2)successive finished floor
surfaces,but in no case shall a story be less than seven (7) feet measured from the finished floor
to the lowestprojection frdrikheeeihng..' -
Building code means the 1997 edition of the Standard Building Code, including the appendices
A, B, C, D and I as promulgated by the Southern Building Code Congress International, Inc.,
and required by F.S. Chapter 553.73,State Minimum Building Codes" as referenced in Chapter 7
of the St. Augustine Beach Code of Ordinances and adopted by reference therein.
Building official means the appointed individual in charge of the St. Augustine Beach Building
Department.
Building permit means a permit required by the 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.
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.
rte'
Ordinance No 20)6- 03 Page 6
Cabinet sign means a sign that contains all the text and/or logo symbols within a single enclosed
'No, cabinet and may or may not be illuminated.
Canopy means an overhead roof or structure that is able to provide shade or shelter.
Canopy Sign—Any sign attached to the underside of a canopy located on the front of a building.
Canopy Structure—Any overhead protective structure which is constructed in such a manner as
to allow pedestrians/vehicles to pass under.
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
Nor. therefor of a use of a dist 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,marogo,or inscription.
I
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City meanS-the City of St. Augustine Beach,
City Commission means the City Commission of the City of St. Augustine Beach, Florida.
Code enforcement board means the magistrate or 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.
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,
sales event, activity,entertainment or other commercial activity.
Commercial or Commercial Land Use or Commercial Property(as such words are used in
relation to control of sound and noise)—Property on which is situated a building having a
business or commercial use.
Nr
Ordinance No 20I6- 03 Page 7
Commercial Trailer—means(a)any trailer designed for a or used for a business, commercial;or
industrial function; and also (b) or any trailer marked with •' - . '
exterior commercial advertising or identification.
Commercial Vehicle—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. (a) an=r true-,truck tractor,or similar motor vehicle designed or used-for
Comprehensive plan means the St. Augustine Beach Comprehensive Plan, adopted pursuant to
F.S. S 163.3161, et seq., as amended.
Concurrency A condition where specified facilities and-services.have or will have the
necessary capacity to meet the adopted level of service standard at the time of impact of the
development project.
Conditional Use Permit—A use that would not be appropriate generally or without restriction
throughout a land use district,but which, if controlled as to number, area, location or relation to
the neighborhood, would promote the public health, safety,welfare, order, comfort,convenience,
appearance or prosperity. Such uses maybe permitted in a land use district only in accordance
with the provisions of this Code, and if the Code allows a conditional use in a particular land use
category. The application for a conditional use permit shall be the same as for a concept review,
except that the comprehensive planning and zoning board shall make a recommendation to the
city commission,which has final approval. The building oflF"ieial may delete submittals required ye,
•
in the concept application outlined in Article XIIthat are not applicable.
Condominium means a building, or group of buildings, in which units are owned individually,
and the str c ;common areas and facilities are owned by all of the owners on a proportional,
undivided basis.
Condominium Hotel—A condominium project that has rental or registration desks, short-term
occupancy,food and telephone services,and daily cleaning services and that is operated as a
commercial hotel•even though the units are individually owned.
Contiguous means a sharing of a common border at more than a single point of intersection.
Copy means the linguistic or graphic content of a sign.
Crown—The main mass of branching of a plant above the ground.
Curb Level—The elevation of the street curb established by the city.
Daytime-7:00 a.m. to 10:00 p.m. the same day.
Decay-Resistant Woods—Those woods that are known to be resistant to moisture and insect
damage because of their natural properties, such as cypress, redwood and preservative-treated
lumber. „S
Ordinance No 2016-03 Page 8
Decibel (db)—A unit for measuring the amplitude of sound, equal to twenty (20)times the
Now logarithm to the base ten (10)of the ratio of the pressure of the sound measured to the reference
pressure, which is twenty(20)micropascals(twenty (20)micronewtons per square meter).
Deck—A paved or wooden horizontal platform without a roof or covering of any description,
and attached or unattached to a building.
Decoration means any decoration visible from a public area that does not include lettering or text
and is not displayed for commercial advertising.
Density or Gross Density—The total number of dwelling units divided by the total site area, less
existing public right-of-ways, except in previously platted subdivisions. Alleys are included in
density calculations.
Department—The building and zoning department. •
Detention—The collection and storage of surface water for subsequent gradual discharge.
Developed Area—That portion of a plot or parcel upon which a building, structure, paved ground
surface area, gravel landscaping or other improvements have been placed.
Developer—Any person who engages in or proposes to engage in a development activity either
as the owner or as the agent of an owner of property.
Development or Develo, mentActivity Any of the following activities:
law
1. Construction;clearing, filling, excavating,grading,paving, dredging, mining, drilling or
otherwise significantly di5tgrbing the soil of a site.
-`ar'
2. Building,installing, en ging, replacirm or substantially restoring a structure, impervious
surface,or water management system, and inn aging the long-term storage of materials.
3. Subdividing land into more than two (2)parcels.
4. A tree removal for which authorization is required under this Code.
5. Erection of a permanent sign unless expressly exempted by Article VIII of this Code.
6. Alteration of a historic property for which authorization is required under this Code.
7. Changing the use of a site so that the need for parking is increased.
8. Construction, elimination or alteration of a driveway onto a public street.
Development Order—An order granting, denying, or granting with conditions an application for
approval of a development project or activity. A distinction is made between a development
order,which encompasses all orders and permits, and a concept review acknowledgement.
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Ordinance No 2016-03 Page 9
A. Concept Review Acknowledgement—An acknowledgement by the comprehensive
planning and zoning board that it has reviewed a proposed development project to identify items
of concern, potential issues, and to hear public comment. A concept review acknowledgment
does not authorize a change in the allowable use of any land or building and does not constitute a
representation that any proposed project development will be ultimately approved or disapproved
in any form by the comprehensive planning and zoning board or by any city officer or employee.
A concept review is required for major developments, future land use map amendments,
comprehensive plan amendments which affect land use or development standards, preliminary
development plan approval, and master plan approval.
B. Final Development Order—The final authorization of a development project; the
authorization of which must be granted prior to issuance of a building permit as defined for
purposes of this Code. (The final development order authorizes the project,whereas the
development permit authorizes specific components of the project, such as building construction,
parking lot installation, landscaping, and the like.)For purposes ofthis Code the final
development plan approval is the final development order.
C. Development Permit—For purposes of this Code a development permit is that official
St. Augustine Beach document which authorizes the coencement of construction or land
alteration without need for further application and approevelopment permits include: all
types of construction permits (plumbing,electrical, foundation, mechanical, and so forth, in
addition to the building permit itself), grading and clearing permits, septic tank permits,tree
removal permits, sign permits, etc.
Diameter at Breast Height(DBJV—The average diameter of tree Measured four and one-half +r/
(41/2)feet above ground level.
Discontinued sign means a sign that is not operated or maintained for a period of one hundred
eighty(18O aleiidar days or longer, and the intent of the owner of the sign shall not be a
considerate in'whether or not the sign is a discontinued sign The following conditions shall be
conclusiiely considered as-the failure to operate or maintain a sign: (I) a sign displays
advertising fai 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 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 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.
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ordinance No 2016- 03 Page 10
Drip Line—The outermost perimeter of the crown of a plant as projected vertically to the
Now ground.
Drive-through lane sign shall mean a sign oriented to vehicles utilizing a drive-through lane at
an establishment.
Dwelling Unit—A single housing unit providing complete, independent living facilities for one
(1)housekeeping unit,including permanent provisions for living, sleeping, eating, cooking and
sanitation.
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.
Egress means an exit.
Electronic message sign means an electronically activated changeable copy sign whose variable
message capability can be electronically programmed.
Emergency Work—Any work performed for the purpose of preventing or alleviating physical
trauma or property damage threatened or caused by an existing or imminent peril.
Enclosed Building—A building separated on all sides from adjacent open spaces or from other
buildings or other structures by a permanent roof and by exterior walls or party walls which are
pierced only by windows and normal entrance or exit doors.
•
view
Encroachment—Any protrusion into the property or space of another, such as,but not limited to,
a vehicular accessway,pedestrian way, or landscaped area.
Emergency,Wprk Any work performed for the purpose of preventing or alleviating physical
trauma or;p operty da 'age threatened or caused by ail-existing or imminent peril.
Enclosed Building—A building separated on all sides from adjacent open spaces or from other
buildings or other structures by a permanent roof and by exterior walls or party walls which are
pierced only by windows and'ipanal entrance or exit doors.
Encroachment—Any protrusion into the property or space of another, such as,but not limited to,
a vehicular accessway,pedestrian:way, or landscaped area.
Environmentally Sensitive Lands—Areas designated on the future land use map as conservation.
Erosion-Resistant Material—Types:
1. Asphalt Type I or Type II—Minimum one and one-fourth(1%) inch thick surface
course with minimum six(6) inch thick base course compacted to ninety-five(95)percent.
2. Concrete—Minimum five(5) inch thick 3,000 PSI fibermix or wire re-enforcing.
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Ordinance No 2016-03 Page 11
3. Coquina Shell and Limerock—Six (6) inch thick compacted to a minimum
density of ninety-five(95)percent.
4. Pavers—Manufacturers recommended for driveway and roadway use with five
(5) inch thick base course of limerock compacted to ninety-five(95)percent.
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 ming message or customary maintenance or
repair of a sign.
Existing—The condition immediately before development or redevelopment commences.
Facility—The system or location used to provide for the collection, treatment or disposal of solid
waste,potable water, drainage and sewage.
Facade means the exterior wall of a building exposed to public view or that wall viewed by
persons not within the building.
Family -Unless otherwise expressly provided in this section means:
(a) One (1) individual living alone; or
(b) One(l) of the following groups of individuals as set forth in subsection(1) or(2),
but not both at the same time,who together occupy a single-family dwelling unit as one (1)
nonprofit housekeeping unit and who share common living, sleeping, cooking and eating
facilities:
(1) Head of household and: , „
a. Ail persons related to the head of household as a parent, child, grandparent, grandchild,
brother,sister, uncle, aunt,nephew,niece, great-grandparent or great-grandchild by blood,
marriage,adoption, guardianship, or other duly authorized custodial relationship; and
b_ Not more than two (2) additional related or unrelated persons including but not limited to,
personal care or personal services provides; or
(2) Two (2)unrelated individuals and any children of either individual, if any.
(3) In applying this definition the existence of more than one (1) kitchen in a dwelling
unit shall create a presumption that two (2) housekeeping units exist in the dwelling. The burden
of disproving this presumption shall be on the person challenging it and shall be made based on a
preponderance of evidence.
(4) "Family" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine,
federation, coterie, or like organization;
Ordinance No 2016-03 Page 12
b. Any number of individuals whose association is temporary or seasonal in
nature; or
c. Any number of individuals who are in a group living arrangement as a
result of criminal offenses.
Feather sign or flutter sign means a sign 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 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.
Fixed aerial advertising sign means any aerial advertising medium that is tethered to, or
controlled from the ground.
Fixture—The assembly that holds a lamp and may include anAssembly housing, a mounting
bracket or pole socket, a lamp holderoa.ballast,a reflec'tordr}tri icor, and a refractor or Iens.
Flag means a temporary sign consisting of apiece of cloth,fabric or other non-rigid material.
Flag pole means a pole on which to raise a flag.
Flashing sign means any illuminated sign, on'vvhich the artificial source of light is not
maintained stationary or constant in intensity and olor at all tulles when such sign is
illuminated. For the purposes of this definition, ansi moving illuminated sign affected by
intermittent lighting shall be deemed a flashing sign.
Footcandles- A unit'of rumination produced on a surface, all points of which are one(I) foot
from a Uniform point source of one(1) candle.
Foundation Systems—Those structural members of a building consisting of piers, sills, girders,
joists, concrete slabs or any other members designed and used to support a building upon, in or
under the ground.
Frequency—The numb&;r-of cairiplete oscillation cycles per unit of time.
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 ground sign.
Frontage—The linear distance along all abutting street right-of-ways. Frontage includes
oceanfront.
Garage Sales—The sale or offer for sale for money or other consideration of any personal
Nor property by a person or persons of a family or other household unit, on any property designated
Ordinance No 2016-03 Page 13
as residential or commercial on the city's future land use map or on commercial designated
properties independent of any business licensed by the city to conduct retail sales. Garage sales watO
shall be limited to twice a year for two(2) consecutive days and shall include sales commonly
referred to as patio sales, driveway sales,porch sales,home sales, yard sales,rummage sales, or
any other term of similar meaning. The offering for sale or sale of a motor vehicle, boat or boat
trailer shall be considered a garage sale.
Garbage Every refuse accumulation of animal, fruit or vegetable matter that attends the
preparation,use in cooking and dealing in or storage of meats, fish, fowl,fruit or vegetables; any
matter of any nature whatsoever which is subject to decay and the generation of noxious or
offensive gases or odors, or which, during or after decay,may:seave as breeding or feeding
material for flies, or other germ-carrying insects; and any bottles, cans or other containers,
utilized in normal household use which, due to their facilANretain water, may serve as
breeding places for mosquitoes or other insects.
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 governmentlevel in the
performance of any duty including, but not limited to, noncommercial sighs €d ntifying a
government building or service,traffic control signs,street name signs, stree +dress signs,
warning signs, safety signs, informafional signs,traffic or other directional signs,-- ublic 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 ninctivn of local, state and federal government.
Such uses shall include but not be limited to branchicivernment, government owned buildings, wii00
post offices, and community centers.
Grade—A reference plane representing the averaie of finished ground level adjoining the
building atall exterior walls.
Grandfathered A use made nonconforming by adoption of this Code that is allowed to remain,
as long as it is continuously used and not expanded.
Gross Floor Area----The sum ofthe gross horizontal areas of the several floors, decks,patios and
areas used for serving of or consumption of food and beverages of a building measured from the
exterior face of exterior walls and outer perimeters of decks,patios and areas used for serving of
or consumption of food and beverages or from the centerline of a wall separating two (2)
buildings, but not including interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than six(6) feet.
Gross Vehicle Weight Rating(GVWR)—The value specified by the manufacturer as the
recommended maximum loaded weight of a single motor vehicle. In cases where trailers and
tractors are separable,the gross combination weight rating(GCWR), which is the value specified
by the manufacturer as the recommended maximum loaded weight of the combination vehicle,
shall be used.
Ground Cover—Low growing plants planted in such a manner as to form a continuous cover rte`
over the ground, such as Lipiope, English Ivy, or like material.
Ordinance No 2016- 03 Page 14
Ground Sign—means a type of freestanding sign that is placed upon the ground independent of
Nor,, support from the face of a building and that is constructed of a solid material such as wood,
masonry or high-density urethane. - - _ . - . . . • . ; -- .. - ..r _. - -
Gross area means an entire area without exception.
Head of Household—The person so designated on a lease agreement as the main person
responsible for the payment of rent,utilities,and care of the premises; said person being required
to reside on the property. A maximum of two (2)unrelated persons shall be permitted to reside
with such designated head of household.
Heavy vehicle—(a)any truck,truck tractor, or similar motor vehicle having a net weight of more
than six thousand (6,000)pounds; (b) school buses; (c)any vehicle designed to carry twelve (12)
or more passengers; and (d)any trailer in excess of twenty-two(22)feet in length. Recreational
vehicles which are regulated under section 6.03.06 are not included in this classification. Heavy
vehicles do not include trailers used to support recreational boats.
Holographic display sign means an advertising display that creates a three-dimensional image
through projection, OLED (organic light emitting diode),or•• similar technology.
Home Occupation—Any occupation performed in a dwelling unit in which there is no stock kept
or sold on the premises.No person is employed unless he is a member of the immediate family
residing upon the premises.No mechanical equipment is used e)Z ept as is necessary for purely
domestic or household purposes. There is no sign other than an unlighted name plate not more
than one (1)foot square jri area;-iota display that will indicate from the exterior of the building
that it is being used forany purpose other than a dwelling.
Hotel/Motel--A structure air group of attached or detached buildings containing individual
sleeping units;with-automobile•storage orparkiig spaces provided. It is kept,used,maintained,
advertised as or held out to the public to be a place where sleeping accommodations are supplied
for pay to guests or tenants. Sleeping.accommodations and any dining room,restaurant or cafe, is
in the same building or in an accessory building.
Illuminance—The level of light measured at a surface.
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
(including but not limited to plasma or laser), whether or not the source of light is directly
affixed as part of the situ. _ - . - . . • - _- - ' - -
lights, back lighting, and shall also include signs with reflectors that depend upon automobile
headlights for an image.
Improvement—Any man-made, immovable item which becomes part of,is placed upon, or is
affixed to real estate.
taw
Ordinance No 2016- 03 Page 15
Impulsive Sound—Sound of short duration, usually less than one(I) second,with an abrupt onset
and rapid decay. Examples of sources of impulsive sound include explosions and the discharge ,rd
of firearms.
Infestation—The presence within or around a dwelling, of any insects,rodents or other pests_
Indirectly illuminated sijn means any sign, the facing of which reflects light from a source
intentionally directed upon it.
Inflatable or balloon sien 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 a parcel 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.
Lamp—The component of a luminaire that produces the light.
t 3
Land means the earth,water,and air,above,below4Of on the-surface, and includes any
improvements or structures customarily regarded as'land. The word "land" includes the words
"marsh" or "swamp."
n -- •
Landscapecuelopment—Trees,shrubs, ground coyer,vines, or grass installed in planting areas
for the:purpose of fulfilling the requirements of this Code.
LandscapiDividing Strip--A landscape area containing ground cover, shrubs and trees, or other
landscaping used to partition parking areas into individual bays.
Laundry, Self Service—A business that renders a retail service by renting to the individual
customer equipment for the washing, drying and other processing of laundry,with the equipment
serviced by and its use and operation supervised by an attendant.
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.
4000
ordinance No 2016-03 Page 16
Light Direct—Light emitted directly by a lamp,off a reflector, or through a refractor of a
luminaires.
Light Emitting Surface-Any part of a fixture(lamp, diffusor) which emits light rays.
Light Pollution—General sky glow caused by the scattering of artificial light in the atmosphere,
much of which is caused by poorly-designed luminaries.
Light Shield—Any attachment which interrupts and blocks the path of light emitted from a
luminaire or fixture.
Light Trespass—Light emitted by a luminaire that shines beyprid the boundaries of the property
on which the Iuminaire is located.
Long Term Rental Dwelling Unat A dwelling unit customarily rented for a term of six (6)or
more months. Unless otherwise demonstrated by the rental history of a particular property,
single-family residences, duplexes,triplexes,and condominiums and apartments are included in
this classification when offered for rent.
Lot—A designated parcel,tract or area of land established by-plat, subdivision-oras otherwise
allowed by law. t
Lot Depth—The distance measured in the mean<lirection 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.
law
Lot Lines—means the lines of record bounding a iot4vvhich divides one(1) lot from another lot
or from a public or private street or any other pit& space.The lines bounding a lot.
Lot Width—The mean horizontal distance between side lot lines as measured at right angle to the
depth.
Lot of Record—A lot that-is a part of a subdivision, the map of which has been recorded in the
office of the clerk of the circuit court of St. Johns County.
Lowest Floor—The lowest enclosed floor of a structure, including a basement,but not including
the floor of an area enclosed only with insect screening or wood lattice as permitted by the flood
damage prevention regulations.$n this Code.
Lumen—A unit of measurement of luminous flux.
Luminaire—The complete lighting system, including the lamp and the fixture.
Luminaire, Full Cutoff—A luminaire that allows no direct light emissions above a horizontal
plane through the luminaire's lowest light-emitting part.
Luminaire, Permanent Outdoor—Any fixed luminaire or system of luminaries that is outdoors
and this is intended to be used for seven(7)days or longer.
Maintenance—That action taken to restore or preserve the original design and function.
Ordinance No 2016- p3 Page 17
Afaintenance in the context of Article VIII, Section 8, Signs 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.
Manufactured Housing—It is mass produced in a factory and is designed and constructed for
transportation to a site. It is installed on-site and available for use as a dwelling when connected
to required utilities. It can be constructed either as an independent, individual building or as a
module for combination with other elements to form a building on the site.
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 Any sign painted or printed onto or otherwise attached to or built into a
marquee. Such a sign is considered as a part of any building.
Mean Sea Level—The average height of the sea for all stages of the tide. For purposes of this
Code the term is synonymous with National Geodetic Vertical.Datum(NGVD).
Minor Replat—The subdivision of a single lot or parcel ofland into two (2) lots or parcels, or the
subdivision of a parcel into two (2) or more lots solely for the purpose of increasing the area of
two (2)or more adjacent lots or parcels ofland,where there are no roadway, drainage or other
required improvements, and where the resultant lots comply vvith..the standards of this Code.
T..
Mobile Home—A structure,transportable in one (1)or more sections,that is eight(8)body feet, ,,
ilO
or more in width and-bsthuilt on au•ntegral chassis.It is designed to be used as a dwelling when
connected to the required.utilities.All the plumbing,heating,air conditioning and electrical
systems are contained within the unit.
• 1
Monopole means a vertical self supporting structure,not guyed, made of spin-cast concrete,
concrete,steel or similar material,presenting a solid appearance.
Motor Vehicle Any vehicle which is propelled or drawn by a motor, such as, but not limited to,
passenger cars,trucks, truck-trailers, semi-trailers, campers, go-carts, amphibious craft on land,
dune buggies, racing vehicles, and including motorcycles.
Multifamily Lhvelling Any residential structure containing two(2) or more separate dwelling
units.
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.
Natural Systems—Systems which predominantly consist of or are used by those communities of
plants,animals,bacteria and other flora and fauna which occur endogenously on the land, in the
soil or in the water.
Net Weight—The actual scale weight in pounds of a vehicle with complete catalog equipment.
Ordinance No 2016- 03 Page 18
New Construction—Structures or substantial improvements for which the "start of construction"
Now occurred on or after the effective date of this Code, and any alteration, repair, reconstruction or
improvements to a structure which is in compliance with these flood damage prevention
regulations.
Nighttime-10:00 p.m. to 7:00 a.m the following day.
Noise—Any sound which disturbs reasonable persons of normal sensitivities, or which causes an
adverse psychological or physiological effect on reasonable persons of normal sensitivities.
Noise Control Official or NCO—The chief of police, and any city employees designated by the
chief of police, shall each be a noise control official (NCO).'
Noise Disturbance—Any sound which:
(a) Unreasonably disturbs the quiet,comfort, or response of a reasonable person of
normal sensitivities; or
(b) Causes actual and unreasonable interference with the use and peaceful enjoyment
of a residence by disrupting customary.daily activities therein,including but notiixnited to,
sleeping, studying, reading, and dining- f reasonable persons of normal sensitivities; or
(c) Causes actual and unreasonable interference with the use of an office, store, or
other building used for business,by disrupting customary daily activities therein, including but
not limited to, working,of reasonable persons of norm sensitivities; or
(d) Causes an adverse psychological tri physiological effect on persons of reasonable
and ordinary sensitivities;or
-I
(e) , : Endangers or injures the safety or health of humans: or
{0 Exceeds the sound level limits set forth in section 9.02.11 of this Code.
Noise Sensitive-Zone—Those zones that are created from time to time by resolution of the city
commission upon a finding that'the subject area contains a land use which is sensitive to or
subject to adverse reactions from noise.
Non-commercial message means any message which is not a commercial message.
Nonconforming Development—Development that does not conform to the land use regulations in
Article III and/or the development design and improvement standards in Article VI.
Nonconforming Sign—Any sign that was validly installed under laws or ordinances in effect
before the effective date of the land development code or later amendments, but which is in
conflict with the provisions of the Land Development Code. within the City of St" Augustine
vow
Ordinance No 2016- 03 Page 19
Nonmotorized Vehicle—Any vehicle without motive power designed to be coupled to or drawn
by a motor vehicle, such as, but not limited to, boat trailers or luggage trailers.
Nuisance Trees—Trees that are exempted from the tree protection requirements of this Code.
They are Brazilian Pepper, Malaleuca, Australian Pine.
Occupancy Permit--A permit authorizing an owner to allow the occupancy of a dwelling unit by
a person who rents or leases the dwelling unit or a room therein-from the owner. The permit is
required in order to enforce housing and residential propertymaintenance standards. It shall not
be relied upon by any tenant or purchaser, and it does not certify that the dwelling unit is free
from defects.
Odor Standard Threshold—The minimum concentration in air of a gas-vapor or particulate
matter that can be detected by the olfactory system causing significant discomfort, i.e., nausea,
convulsions or tearing of the eyes.
Offsite commercial advertising means•a nonaccessory billboard or sign which direets 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.
Offsite commercial sign means a nonaccessory billboard or sign that displays offsite commercial
advertising. •-
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.ihe site where the sign is maintained. The on-site/off-site
distinction applis only,to commercial message signs:For purposes of Article VIII, Section 8,
Signs of-this chapter, allsigns with noncommercial speech messages shall be deemed to be "on-
site," regardless of location.
Open Space Laud without structures or buildings either in its natural state or landscaped with
vegetation and/or grasses.
Operator---Any person who has charge,care or control of a building or part thereof, in which
dwelling units or rooming units are let.
Outdoor Advertising Display Any letter, figure, character,mark,plane,point, marquee sign,
Outdoor Light Fixtures—Outdoor artificial illuminating devices, installed or portable,used for
floodlighting, general illumination, or advertisement.
*rr#
Ordinance No 2016-03
Page 20
Outdoor Storage—The storage, keeping,maintaining or allowing the existence of merchandise,
�► building materials,wood,junk,trash, debris or other similar items outside of a completely
enclosed building.
Owner--A person who, or entity which, alone,jointly or severally with others, or in a
representative capacity(including without limitation, an authorized agent, attorney,executor,
personal representative or trustee) has legal or equitable title to any property in question, or a
tenant, if the tenancy is chargeable under his lease for the maintenance of the property. 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 Store—A place where alcoholic beverages with an alcoholic content in excess of
fourteen(14)percent are dispensed or sold in containers for consumption off the 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 whitchbas been used or developed as a
unit.
Parking Area—A ground surface area used for the temporary parking of vehicles by employees
or customers,either for compensation, or to provide an accessory service to a commercial,
industrial, or residential use..
Now
Parking Bays—A parking area subdivided into uninterrupted rows of parking spaces which are
generally separated by only single or double painted lines.
Parking Lot An area or plot flf- dd'`uSed for the storage or parking of automobiles.
Parking Space • .... . .. .__ .. . . •. . . - .. -.. - _ . • • -
. - . . . ,. .. .. - .. . . .. - .. .. . a space
for the parking of a motor vehicle within a public or private parking area.
Paved Ground Surface Area—Any paved ground surface area(excepting public rights-of-way)
used for the purpose of driving,parking, storing or display of vehicles,boats,trailers and mobile
homes, including new and used car lots and other open-lot uses. Parking structures, covered
drive-in parking areas to the drip line of the covering or garages, shall not be considered as paved
ground surface areas. Any off-street parking or loading space required under the Code shall be
considered as paved ground surface area for purposes of this Code whether or not the same is
paved.
Permanent—Designed. constructed and intended for more than short term use.
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
Ordinance No 2016- 03 Page 21
otherwise provided for herein, a sign other than a temporary sign shall be deemed a permanent
sign unless otherwise indicated elsewhere in this Land Development Code.
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, which will flutter
or swing in the wind.
Person—Any person, individual,association,partnership,of public or private corporation, firm,
joint venture, municipality, governmental agency,political subdivision,_public officer or any
other entity whatsoever or any combination of such,jointly or severally. and includes any
officer, employee,department, agency, or instrumentality of the-United States,the state, or any
-
Plainly Audible—Any sound produced or reproduced by a radio,stereo, tape player,television,
electronic audio equipment, musical instrument, sound amplifier mother mechanical or
electronic soundmaking device, that can be clearly heard by a person using his normal hearing
faculties at a distance of two hundred(200) feet or more from the real prcipe-ty boundary of the
source of the sound. ` a
Planned Unit Development—The development of land under unified control that=is planned and
developed as a whole in a single or programmed series of operations with uses and structures
substantially related to the character of the entire development. A "planned unit development"
must also include a program for the provision, maintenance and operation of all areas,
improvements, facilities and necessary services for the common use of all occupants thereof.
Planting Area—Any area designed for landscapeiliiiiting having a minimum of ten(1 a) square
feet of actual plantable area and a minimum inside dimension of eighteen(18) inches on any
side.
Plaza Ali those open areas,parks, or plazas as depicted on the map of plazas(formerly known
as the'=Map of Parketten")on file and available for public inspection in the office of the city
manager..
POD storage type units—Units that are delivered to a business or residence for purposes of
temporary storage or packing of goods for moving purposes. Typically, a storage unit that is
designed and marketed.as being temporary in nature but may include storage units that by use
become permanent in nature.,
city shall vete.
Pole sign means a ground sign that is supported by one or more poles and otherwise separated
from the ground by air. Poles A pole sign is not a monument sign, another type of ground
sign. . ••. ., ... . . • . buildings and other structures.
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 4.100
Ordtnancc No 2016- 03
Page 22
not limited to, signs designed to be transported by means of wheels or carried by a person. For
r�r purposes of this article, a cold air inflatable sign shall be considered to be a portable sign.
■_ • -. - _
Private School A nonpublic school as defined by F.S. § 229.808(2) or 1002.01(2).
Premises—A lot,plot or parcel of land, including the buildings or structures thereon.
.
1•ps°,e,.
Projecting sign means any sign affixed perpendicular, or at•ani 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—Any tree that has a DBH of more than eight(8) inches,and which is not
otherwise exempted from this Code. For the purpose of this Code,all mangroves are hereby
declared to be protected trees. In addition, all palms with at least four and one-half(41/2) feet of
clear trunk between the ground leveLand the lowest branch are declared to be protected trees.
Public Right-of-Way—Any street, sidewalk,alley, and other place normally accessible to the
public which is owned or controlled by agovernmental entity. '
IrePublic Space—Any real property owned or controlled by a governmental entity which has on it a
building that is open to the general public during*hours ofoperation.
Rate--Volume per unit of time.
Real Properly Boundary(as such words are used initiation to the control of sound and noise)—
The perimeter of a lot or parcel of real property,and its vertical extension,which separates the
real property owned by one(1)person from that owned by another person.
Reasonable Time (as such words are used in relation to the control of sound and noise)—Five (5)
minutes as to sound produced by a sound amplifier, and fifteen(15) minutes as to sound
produced by any other source.
Reconstruction—Rehabilitation or replacement of a structure or structures which either have
been removed or damaged,or altered to an extent of seventy(70)percent or more of the assessed
valuation of such structure or structures or seventy (70) percent of the combined assessed
valuation of such structure and land as shown on the most recent tax roll of the county.
Recreational Facilities—An area or areas of land dedicated or set aside for use by general public
for recreational or parklands, or set aside for such uses for the residents of a subdivision.
Recreational Vehicle—A vehicular-type portable structure without permanent foundation, which
can be towed, hauled or driven and primarily designed as temporary living accommodation for
fir.
Ordinance No 2036.03 Page 23
recreation, camping, and travel use and including, but not limited to,travel trailers, truck
campers, camping trailers, and self-propelled motor home.
Residence or Residential Unit(as such words are used in relation to the control of sound and
noise)—Any dwelling unit as defined in section 2.00.00, alone or in a building containing more
than one (I) dwelling unit, and including but not limited to single family houses, duplexes, and
condominium units; and also sleeping accommodations in hotels and motels. Any reference
within this Code relating to the control of sound and noise to a"residence" includes residential
units.
Residential or Residential Land Use or Residential Property(as such words are used in relation
to the control of sound and noise)—Any property on which is situated a residence or residential
units.
Remove—To relocate, cut down, damage.poison, or in any other manner destroy or cause to be
destroyed, a tree.
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.kt 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 noun YnotcitEvvehicles, for consumption either of` r off the premises. ,41.0
Right-of-wry means the-area of a highway,road,street, way,parkway, electric transmission line,
gas pipeline, water main,storm orsajitary sewer main, or other such strip of land reserved for
public use,whether establishedyb� prescription, easement, dedication, gift,purchase, eminent
domain or any other legal mens:• -
Roadway Lighting—Permanent out:door luminaries that are specifically intended to illuminate
roadways for automotive vehicles.
Roof Line—A horizontal line intersecting the highest point or points of a roof.
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.
Rotatin#sign (or revolving 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.
Rubbish—Combustible and noncombustible waste materials,except garbage including the
residue from the burning of wood, coal, coke or other combustible material, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather,tree branches, yard trimmings,tin cans,metal mineral
matter, glassware, and scrap lumber or other building debris.
Ordinance No 2016-03
Page 24
Runoff Coefficient—Ratio of the amount of rain which runs off a surface to that which falls on it;
*so a factor from which run-off can be calculated.
Sediment—The mineral or organic particulate material that is in suspension or has settled in
surface or ground waters.
Semi-Trailer A trailer supported by wheels used for the moving of goods commonly fifty-three
(53) feet in length. Typically having front landing gear legs with the weight of the trailer being
supported by the tow vehicle but may have separate front axle assembly or dolly.
Service Station—Any building, structure, or land used for the dispensing, sale or offering for sale
at retail of any automobile fuels, oils or accessories and in connection with which is performed
general automotive servicing as distinguished from automotive repairs.
Service island sign means a sign mounted permanently on, under,, o otherwise mounted on a
service island canopy.
Shall—The word "shall" is to be construed as being mandatory and not diitctory.
Shopping Center—Five (5)or more stores on asite,,with each store having its own enclosed
premises,zero set-backs between the stores,and a minimum of ten thousand(10,000) square feet
Now of gross floor area.
Short Term Rental Dwelling Unit A dwelling7uut customarily rented for a term of less than six
(6) months. A condominium unit is usually included in this classification when offered for rent,
unless otherwise indicated by the unit's rental history.
Shrub;-Avleans a self-supporting woody species of plant characterized by persistent stems and
branches springing from the base or berm.
Sign • •- - • . - .. . . . - ---- . _ - •, ° -
. . .. .. • • • - - •; means any device, fixture,placard or structure, including its
component parts,whic1i 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
Ordinance No 2016-03 Page 25
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. 'rid
• - •- .. . - .. -gular geometric shape which contain;,-the entire surface area
Sign height means 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 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 triangle described in Appendix A,Article VI,
(Development Design and Improvement Standards)Section 6.02.040i(Clear visibility triangle
and 6.06.06 (Intersection visibility).
Single-Family Dwelling—A structure containing one(1) dwelling unit, and not attached to any
other dwelling unit by any means. • t
Site—Generally, any tract, lot or parcel of land or combination of tracts, lots, or parcels of land
that are in one(1)ownership, or in diverse ownership but contiguous, and which are to be
developed as a single unit,subdivision, or project. '•
Sound—An oscillation in pressure,particle displacement, particle velocity or other physical
parameter,in a medium swath internal forces that_,Cuses compression and rarefaction of that
medium. The description of-sound'n_tay include anycharacteristics of such sound, including
duration, intensity and frequency.
Sound Amplifier—Any radio, stereo,tape player,television, electronic audio equipment,musical
instrument,or other mechanical or electronic device,that produces,reproduces, or amplifies
sound.
Sound Level—The weighted sound pressure level as measured in db(A) by a sound level meter
and as specified in American National Standards Institute specifications for sound level meters
ANSI S1.4-1971, et seq.,(81976)or its successor. If the frequency weighting employed is not
indicated, the A-weighting shall apply.
Sound Level Meter—An instrument which includes a microphone, an amplifier, an output meter,
and frequency weighting networks, used to measure sound levels.
Sound Pressure Level—Twenty (20)times the logarithm to the base ten(10) of the ratio of the
RMS sound pressure to the reference of twenty(20)micronewtons per square meter. RMS sound
pressure means the square root of the time averaged square of the sound pressure.
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
Ordinance No 2016- 03 Page 26
utility pole, a public streetsi ng a public utility box, a public fire hydrant, a public right-of way,
No, public street furniture, or other public property.,that are temporarily placed on public property
under such limitations and constraints as may be set forth in the Land Development Code
Special Event—Any fair, festival, athletic event, firework display, exhibition, arts and crafts
show, or similar event, occurring upon any privately owned commercial property which will
attract the attendance of members of the general public.
Standard Methods—Methods of measurement established by a nationally recognized board.
Start of Construction—The actual start means the first placement of permanent construction for 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 the
placement of a manufactured home on a foundation.
State—the State of Florida.
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.
Stilts—Posts or piles on which a building is supported to raise it above ground level.
Storage Container—A self-contained unit with no wheels,typically being transported on a semi-
trailer for moving of goods,and including any containerization, freight-based transport container,
NNWor steel intermodal container, ether or not built on standardized dimensions.
Storn1water--The flow of water which results from, and that occurs immediately following, a
rainfall.
Stormwater Management Systemi Systemhe system,or combination of systems, designed to treat
stormwater, or collect,convey,'camel,hold,inhibit, or divert the movement of stormwater on,
through and from a site.
•
Storrnwater Runoff—That portion of the stormwater that flows from the land surface of a site
either naturally, in manmade ditches, or in a closed conduit system.
Story—That portion of a building included between the upper surface of a floor and the upper
surface of the floor or roof next above.
Story, Half—A story under a gabled,hipped or gambrel roof,the wall plates of which on at least
two (2)opposite exterior walls are not more than three(3) feet above the finished floor of the
story.
Street—A public thoroughfare that affords principal means of access to abutting property.
Street address sign means any sign denoting the street address of the premises on which it is
attached or located.
Ordinance No 2016- 03 Page 27
Street Lane—The line between the street and abutting property.
Structural Alterations—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.
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, walkways, iaths, fences, swimming pools,
tenths courts,poles, tracks,pipelines,transmission linessigns-„ cisterns, sheds,docks, sewage
treatment plants and other accessory construction. - _
Subdivision—A division of a lot, tract or parcel of land or water into more than two (2) lots,
plats, sites or other subdivisions of land or water for the purpose,whether immediate or future, of
sale, rent, lease, building development,anchorage,right-of-way dedication,or other use.
Substantial Improvement—means any-repair, reconstruction.,expansion, alteration, or
improvement to a structure, a cost of which exceeds ofa-bWilding by more than twenty-five (25)
percent of the fair market value of the structure before the"start of construction" of the
improvement or by more than four thousand(4;000)square feet,whichever is less. This term
includes structures that have incurred "substantial dainage" regardless of the actual repair work
performed. This term does not,however, include any repair or improvement of a structure to vrr'
correct existing violations of State of Florida or41)&11'health, sanitary, or safety code
specifications, which have been identified by thelocal 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 definitioubstantial improvement is considered to
occur when the ficsfiteration of any wall, ceiling, floor, or other structural part of the building
commends, whether or not that alteration affects the external dimensions of the structure. This
term does hot include any alteration of a historic structure, provided that the alteration will not
preclude the structure's continued designation as a historic structure.
Supplied—Paid for,furnished or provided by or under control of the owner or operator.
Surface Water—Water above the surface of the ground whether or not flowing through definite
channels. This includes any natural or artificial pond, lake, reservoir, or other area which
ordinarily or intermittently contains water and which has a discernible shoreline; or any natural
or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain,waterway, gully,
ravine, street, roadway, swale or wash in which water flows in a definite direction, either
continuously or intermittently, and which has a definite channel,bed or banks. All wetlands are
classified as surface water.
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.
vimor
Ordinance No 2016-03 Page 28
Temporary Housing—Tents, plastic or tar paper lean-to's and similar structures of a temporary
*me nature not meeting any of the requirements of this article.
Temporary Sign—means a sign intended for a use not permanent in nature. Unless otherwise
provided for in this Code, a sign with an intended use for a period of time related to an event
shall be deemed a temporary sign. A flag shall be deemed a temporary sign. Any sign intended
for shaft teffn use such as a garage sale, real estate "Far Sale" or "For Rent", and on site
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 identifred•in the Manual on Uniform
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 mi'h not readily be apparent),
and guide signs (that show route designations, directions, distances, services,points of interest,
and other geographical,recreational, or cultural information).
. •F
Trailer Any vehicle or structure used for living and sleeping purposes and that is equipped with
wheels or similar devices used for transporting the unit from place to place. Trailer, as such word
is used in section 6.03.10 and in the definitions of"commercial trailer" and"heavy vehicle,"
shall mean any vehicle without motive power designed to be coupled to or drawn by a motor
vehicle. Without limitation of the foregoing, a semitrailer is deemed to be a trailer.
NNW Transient Lodging Establishments--Any unit,group of units,dwelling, building, group of
buildings within a single complex of buildings,or any similar place which is rented for a period
of less than thirty(30)days or one(1) calendar month, whichever is less, or which is advertised
or held out to the public as' ace ' ly rented to transients. The following uses are excluded
from the definition of trans lti ilishments:
(a) Any hospital,nursing home, sanitarium, adult congregate living facility, or other
similar care facility.
(b) Any condominium common elements not containing sleeping accommodations
such as swimming pools, club houses,tennis courts or similar elements.
(c) Child care in the home.
(d) Bed and breakfast.
(e) Rooming house.
Transportation Concurrency—Transportation facilities needed to serve new development shall
be in place or under actual construction within three(3) years after the local government
approves a building permit or its functional equivalent that results in traffic generation.
Tree—A self-supporting woody plant of a species that normally grows to a minimum overall
Ivo height of fifteen (15) feet and has an average mature crown spread greater than fifteen(15) feet
Ordinance No 2016- 03 Page 29
within the county. A sabal palm (cabbage) is considered a tree, however, the total number of
sabal palms used shall not exceed thirty(30)percent of the trees required to be on site. „
OO
Tree Protection Zone--A circular zone around each protected tree. If the drip line is less than six
(6) feet from the trunk of the tree,the zone shall be that area within a radius of six (6)feet around
the tree. If the drip line is more than six(6) feet from the trunk of the tree, but less than twenty
(20) feet,the zone shall be that area within a radius of the full drip line around the tree. If the
drip line is twenty(20)feet or more from the trunk of the tree, the zone shall be that area within a
radius of twenty(20)feet around the tree.
Truck—Any motor vehicle which is designed or used principally for the carriage of goods.
Truck Tractor—A motor vehicle which has four(4) or more wheels and is designed and
equipped with a fifth wheel for the primary purpose of drawing a semi-trailer that is attached or
coupled thereto by means of such fifth wheel and which has no provision for carrying loads
independently. -
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
Unsafe sign means a sign posing an immediate peril or reasonably foreseeable threat of injury or
damage to persons or property.
Vehicle—A form of transportation, including motorized and non-motorized vehicles designed
and required to be licensed for use upon a highway an the state. ,�►
Vehicle sign means a sign which clovers 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 vehicles 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.
Vehicle Use Area—An area used for circulation,parking, and/or display of motorized vehicles,
except junk or automobile salvage yards.
Vine--Any of a group of woody or herbaceous plants that may climb by twining, by means of
aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other
plants.
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 chane 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.
Ordinance No 2016-03 Page 30
Wall Height—The vertical distance to the top,measured from the foundation wall or from a
girder or other intermediate support of such wall.
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 warningof a dangerous condition or
situation that might not be readily apparent or that poses a-threatbf serious injury(e.g., gas line,
high voltage, condemned building, etc.)or that provides warning vfa violation of law(e.g., no
trespassing,no hunting allowed, etc.).
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 acid orderly traffic
flow and preventing sudden stops.
Weekday—Any day Monday through Friday inclusive.
Now Wet/and—Land that is inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support,and that under normal circumstances do or would support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes,
but is not limited to, swamp hammocks, hardwood swamps,riverine cypress, cypress ponds,
bayheads and{ gs,,wet prairies,freshwater marshes,tidal flats, salt marshes, mangrove swamps,
and marine Meadow's.
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,ligwever,the term wind sign shall not include flags.
Window or door sign,permanent means any sign visible from the exterior of a building or
structure which is painted, attabhed, glued, or otherwise affixed to a window or door.
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. .. . .. . . , - .. - . .-. . - .. . . . -_ ..•
unobstructed from the ground upward, except by trees or shrubbery or as otherwise-provided-in
this Code.
Yard,front means a yard across the full width of the lots extending from the front line of the
building to the front line of the lot.
`grwr'
Ordinance No 2016- 03 Page 31
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.
Year—See section 1-2 of the Code of Ordinances.
SECTION 2. Except as amended by this ordinance,the terms and provisions of Article IV.
Definitions, of the City of St. Augustine 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
.ra
added to the Cit Code of Ordinances,in the section, sttbsection,-or other location
City ere 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 indal d.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 St.
Augustine Beach is authorized and directed.
AUTHENTICATED THIS DAY OF , 2016.
Rich O'Brien, MAYOR
4.110
Ordinance No 2Ol6-03 Page 32
*Mr Attest:
City Manager
First Reading:
Second Reading:
'gar
%NW
Ordinance No 2016-03 Page 33
ORDINANCE NO. 16-04
`„ AN ORDINANCE RELATING TO SIGNS; PROVIDING FOR THE REPEAL OF THE
EXISTING ST. AUGUSTINE BEACH SIGN ORDINANCE CODIFIED AT APPENDIX A,
(LAND DEVELOPMENT REGULATIONS), ARTICLE VIII, SECTION 8 (SIGN CODE) OF
THE ST. AUGUSTINE BEACH CODE OF ORDINANCES; PROVIDING FOR A NEW ST.
AUGUSTINE BEACH SIGN ORDINANCE IN PLACE OF ARTICLE VIII,SECTION 8(SIGN
CODE) OF THE ST. AUGUSTINE BEACH CODE OF ORDINANCES; PROVIDING FOR A
PURPOSE, INTENT AND SCOPE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
APPLICABILITY; PROVIDING FOR PROHIBITED SIGNS IN ALL LAND USE
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 NVATER OR WITH DRAINAGE,
SIGNS SHALL NOT BE ATTACHED TO CERTAINPROPERTY 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, GROUND SIGNS, WALL SIGNS,
%iv PROJECTING SIGNS, SIGNS FOR DRIVE-THRU BUSINESS ESTABLISHMENTS,
WINDOW SIGNS,'AND DOOR SIGNS); PROVIDING FOR ALLOWED TEMPORARY
SIGNS IN LAND USE DISTRICTS; PROVIDING FOR ALLOWED PERMANENT SIGNS IN
LAND USE 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 AR`T'ICLE III, (LAND USE: TYPE, DENISTY, INTENSITY)
SECTION 3.02.02; PROVIDING'FOR SEVERABILITY IN GENERAL; PROVIDING FOR
SEVERABILITY WHERE LESS SPEECH RESULTS; PROVIDING FOR SEVERABILITY
OF PROVISIONS PERTAINING TO PROHIBITED SIGNS; PROVIDING FOR
SEVERABILITY OF PROHIBITION ON BILLBOARDS; PROVIDING FOR AN
AMENDMENT TO SECTIONS 3.02.02; 3.02.02.01(c) and 3.02.03 TO IDENTIFY THE
BUSINESS OF OUTDOOR ADVERTISING AS A PROHIBITED USE IN ALL OF THE
CITY'S LAND USE DISTRICTS;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of St.Augustine Beach finds and determines that it is appropriate to
update and revise its Land Development Code relative to signs:
WHEREAS,the City of St.Augustine Beach fords 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
wrr
Ordinance No 2016-Q4 Page 1
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; 'S
WHEREAS,the City of St. Augustine 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 St. Augustine Beach finds and determines that the purpose,intent
and scope 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 ofthh speaker;
WHEREAS,the City of St. Augustine Beach finds and.determines that the limitations on
the size (area), height,number, spacing, and setback of signs,adopted herein, are based upon sign
types;
•
WHEREAS,the City of St.Augustine Beach finds and determinest iatlimitations on signs
are related to the land use districts for the parcels and properties on which theyiare located;
•
WHEREAS,the City of St. Augustine 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 St.Augustine Beach finds and determines that the sign standards
and regulations adopted hereby still allow adequate alternative means of communications;
WaEREAS; he City of St. Augustine Beach finds and determines that the sign
standat*osind regulation adopted hereby allow and leave open adequate alternative means of
communicaations, such as newspaper advertising and communications, internet advertising and
communications,advertising and communications in shoppers and pamphlets, advertising and
communications in telephone beaks, advertising and communications on cable and satellite
television, advertising and communications on UHF and/or VHF television, advertising and
communications on Als4 and/or F11i1 radio, advertising and communications on satellite and
internet radio, advertising andinmunications via direct mail,and other avenues of
communication available in the City of St. Augustine 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. City of Fayetteville,
442 F.3d 1094, 1097 (8th Cir. 2006); Reed v Town of Gilbert, Ariz , 587 F.3d 966, 980-981 (9th
Cir. 2009),aff'd in part& remanded in part on other grounds, 832 F. Supp_ 2d 1070, 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).];
Not
Ordinance No 2016- 04 Page 2
WHEREAS, the City of St. Augustine Beach finds and determines that the provisions of
Appendix A, (Land Development Regulations), Article VIII, Section 8 (Sign Code), City of St.
Vow
Augustine Beach Code of Ordinances, that replace the current Sign Code are consistent with all
applicable policies of the City's adopted 2010-2020 Comprehensive Plan, as amended in 2013;
WHEREAS,the City of St.Augustine Beach finds and determines that these amendments
are not in conflict with the public interest;
WHEREAS,the City of St.Augustine Beach finds and determines that these amendments
will not result in incompatible land uses;
WHEREAS,the City of St. Augustine 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. Constitution,and such law must therefore satisfy a compelling governmental interest;
WHEREAS,the City of St. Augustine Beach recognizes that under established Supreme
Court precedent, a compelling government iriterest is a higher burden than a substantial or
significant governmental interest;
WHEREAS, the City of St. Augustine Beach iireco' nizes that under established Supreme
Court precedent, aesthetics is not a compelling governmental interest but is a substantial
governmental interest;
WHEREAS,the city_pf St.Augustine Beach recognizes thatuntil a recent Supreme Court
decision released in June•=201$, t a.ere had not been clarity as to what constitutes a content-based
law as distinguished firoin a contentsneutral law;
WHEREAS,the City of St Augustine Beach recognizes that in Reed v. Town of Gilbert,
Ariz.,—U.S.—, 135 S. Ct..22i8,: 201.5),.te United States Supreme Court,in an opinion authored
by Justice Thomas,and joined inby 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;
WHEREAS,the City of St. Augustine Beach recognizes that in Reed,the Supreme Court
held that content-based regulation is presumptively unconstitutional and requires a compelling
governmental interest;
WHEREAS,the City of St. Augustine 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 St. Augustine 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 St. Augustine Beach recognizes that in Reed, the Supreme Court
411M►' held that if a sign regulation on its face is content-based, neither its purpose, nor function, nor
Ordnance No 2016- 04 Page 3
justification matter, and the sign regulation is therefore subject to strict scrutiny and must serve a
compelling governmental interest;
WHEREAS, the City of St. Augustine 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 St Augustine 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 St.Augustine Beach recognizes that Justice Alito noted that these
rules, listed below, were not a comprehensive list of such rules;
WHEREAS, the City of St. Augustine Beach recognizes that Justice Alito included the
following rules among those that would not be conte it-based (I)rules regulating the size of signs,
which rules may distinguish among signs base&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 bat distinguish between the placement
of signs on private and public property;(6)rules distinguishiirg between the placement of signs on
commercial and residential property; (7) rules distinguishing between on-premises and off-
premises signs [see discussion an 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 restricts nson signs advertising a one-time event,where rules of this
nature do not discriminate ba. don-topic or subject and are akin to rules restricting the times
within which oral speech or mifsic is allowed;
WHEREAS, the City of St. Augustine 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. 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;
WHEREAS, the City of St. Augustine 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 aesthetic objectives, including rules that distinguish
between on-premises and off-premises signs;
WHEREAS, the City of St. Augustine 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;
Ordinance No 2016- 04 Page 4
WHEREAS, the City of St Augustine Beach recognizes that under established Supreme
%sr 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 St.Augustine 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 St. Augustine Beach ids and•determines that there have been
several judicial decisions where courts have not given full effect to-s ►arability clauses that applied
to sign regulations and where the courts have expressed uneerta.int 4. er whether the legislative
body intended that severability would apply to certain factual situationscdespite the presumption
that would ordinarily flow from the presence of a severability clause;
WHEREAS, the City of St.-. ugustine Beach fmds and determines that the City 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;• • •
Now WHEREAS,the City of St. Augustit> Beach'fnds nd determines that there be an ample
record of its intention that the presence of a severability clausein connection with the City's sign
regulations be applied to the maximum extent passible, even if less speech would result from a
determination that any provision is invalid or unconstitutional for any reason whatsoever;
WJIl EAS,theCity of St.Augustine Beach finds and determines that 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 thatadoes not constitute advertising; a building's architectural features
visible from a public area, or a' nanufacturer'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"regiilations that pertain to signage under Chapter 163 of the Florida Statutes;
•
WHEREAS, the City of St. Augustine 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 St.Augustine 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 St. Augustine Beach finds and determines that a traffic control
issw
device sign, exempt from regulation under the City's land development regulations for signage, is
Ordinance No 2016-04 Page 5
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) andr
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);
WHEREAS,the City of St.Augustine Beach finds and determines that it is appropriate to
prohibit certain vehicle signs similar to the prohibition _suggested in Appendix A, (Land
Development Regulations), 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.,andThat 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 ofOrange Park, 2006 WL 5988235 (Fla. 4th Cir. Ct.);
WHEREAS,the City of St.Augustine Beach finds and-determines that the city is a resort
community on the east coast of the state with several miles df beaches on the Atlantic Ocean and
the City has an economic base which relies heavily on tourism;
WHEREAS,the City of St.Augustine 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; ralO
WHEREAS,the City of St. Augustine 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,A. attached to proposed Ordinance 2016-04 are
prepared with the intent of enhancing the uflinenvironment and promoting the continued well-
being of the city;
WHEREAS,the City of St.Augustine Beach finds 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 St. Augustine Beach finds 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 St. Augustine 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 St.Augustine 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
Ordinance No 2016- 04
Page 6
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)];
WHEREAS,the City of St.Augustine Beach finds and determines that 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 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. 805
(1970)];
WHEREAS,the City of St. Augustine 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 St. Augustine Beach finds and determines that the sign control
principles set forth herein create a sense of charas r and ambiance-that distinguishes the city as
one with a commitment to maintaining and improving an attractive environment;
WHEREAS, the City of St. Augustine Bead finds a d=determines that the beauty of the
City of St. Augustine Beach, both with regard to its n�= �
d 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 community for its residents,but also bolster St.
Augustine Beach's image as a tourist destination;
*sr' WHEREAS, the CO-of St. Augustine Beach finds and determines that the goals,
objectives and policies from planning documents developed over the years, demonstrate a strong,
long-term eon to maintaining and improving the City's attractive and visual environment;
•
WHEREAS„the Cffy`hf St ne Beach finds and determines that, from a planning
perspective,'ane oft4 most infigitant com ui ity goals is to defme and protect aesthetic resources
and community character;-. -
WHEREAS, the Ci` . ` St. Augustine Beach finds and determines that, from a planning
perspective, sign regulations especially important to cities with a tourist-based economy, and
sign control can ate a sense a'ftharacter and ambiance that distinguishes one community from
another;
WHEREAS, the 1City; f St. Augustine Beach finds and determines that preserving and
reinforcing the uniqueness 1 a tourist community like St. Augustine 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 St.Augustine Beach finds and determines that the purpose of the
regulation of signs as set forth in Exhibit A to proposed Ordinance 2016-04 is to promote the
public health,safety and general welfare through a comprehensive system of reasonable,consistent
and nondiscriminatory sign standards and requirements;
Ordinance No 2016- 04 Page 7
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016.04 -are intended to enable the identification of places
of residence and business;
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016-04 are intended to allow for the communication of
information necessary for the conduct of commerce;
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016-04 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 competef'or the attention of pedestrian and
vehicular traffic;
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016-04 , are intended to erihance the attractiveness and
economic well-being of the city as a place to live, vacation and conduct business;
r •
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 20,16-_04 are intended to protect the public from the dangers
of unsafe signs; -=F: .;_ •
WHEREAS,the City of St.Augustine Beak finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016-04 are intended to permit signs that are compatible
with their surroundings and aid orientation;:end tclotolu40 placement of signs in a manner that
conceals or obstructs adjacent land uses or sig i
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
in Exhibit 4 sed Ordinance 2016-04 are•h ended to encourage signs that are appropriate
et.�1?o. g
to the lnd. e 1istriat•i t which they are located and&ich are consistent with the category of use
to which they pertain;
WHEREAS,the CityofSt.Augustine Beach finds and determines that the sign regulations
in Exhibit A toroposed Ordinance 2016-04 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 St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016- 04 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 St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016-04 are intended to preclude signs from conflicting
with the principal permitted use of the site or adjoining sites;
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016-04 are intended to regulate signs in a manner so as to
not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians; 'will�
Ordinance No 2016-04
Page 8
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
Now in Exhibit A to proposed Ordinance 2016-04 are intended to require signs to be constructed,
installed and maintained in a safe and satisfactory manner;
WHEREAS,the City of St.Augustine Beach finds and determines that the sign regulations
in Exhibit A to proposed Ordinance 2016-04 are intended to preserve and enhance the natural
and scenic characteristics of this coastal resort community;
WHEREAS, the City of St Augustine Beach finds 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 St.Augustine Beach through Section 163.3202(2)(fl,
Florida Statutes;
WHEREAS, the City of St. Augustine Beach finds and determines that it 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;
WHEREAS, the City of St. Augustine Beach°finds and determines that the Land
Development Code is the manner by which the City has chosen to regulate signage;
WHEREAS, the City of St. Augustine Beach finds'' ,d determines that the Land
'fir Development Code and its,sign .ge regulations were and are intended to maintain and improve the
quality of life for all-oitizens of tlie(ity; • .
WHEREAS, the 4 ity of SL-Augustine Beach finds and determines that in meeting the
purposes and goals established in•Tese preambles, it is appropriate to prohibit andlor to continue
to prohibit=certain sign types;
WHEREAS,the City of St.'Augustine Beach finds and determines that consistent with the
foregoing preambles, it is appropriate to prohibit andlor to continue to generally prohibit the sign
types listed in Sec. 8.02.00 Prohibited Signs within Exhibit A to proposed Ordinance 2016-04 ;
WHEREAS,the City of St.Augustine Beach finds and determines that billboards detract
from the natural and manmade beauty of the City;
WHEREAS, the City of St. Augustine Beach agrees with the American Society of
Landscape Architects'determination that billboards tend to deface nearby scenery,whether natural
or built 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 St. Augustine Beach recognizes that states such as Vermont,
Alaska, Maine, and Hawaii have prohibited the construction of billboards in their states and are
Nine
now billboard-free in an effort to promote aesthetics and scenic beauty;
Ordinance No 2016- 04 Page 9
WHEREAS, the City of St. Augustine Beach finds and determines that the prohibition of
the construction of billboards and certain other sign types, as well as the establishment and 4160
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 he the policy of the state to conserve and protect
its scenic beauty;
WHEREAS, the City of St. Augustine 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 (5th Cir.
1970), cert. dismissed, 400 U.S. 805 (1970);John Donnelly&Sons, Inc. v. Outdoor Advertising
Bd, 339 N.E.2d 709, 720 (Mass. 1975)];
WHEREAS, the City of St. Augustine 1t1 recognizes that local governments may
separately classify off-site and on-site advertising signs in taking steps tominimize visual pollution
[see City of Lake Wales v. Lamar AdvertisingAnociation of Lakeland Florida, 414 So.2d 1030,
1032 (Fla. 1982)];
WHEREAS, the City of St. Augustine Beach finds and determines that billboards attract
the attention of drivers passing by the billboards, therebyadversely 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 St. Augustine 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 St. Augustine Beach acknowledges that 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 Markhiitn_Adver. Co. v..state, 73 Wash.2d 405, 439 P.2d 248 (1969), appeal dismissed for
want of a substantial federal que.;stion, 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,
tie and 442 (1993); National Advertising Co v. City and County of Denver, 912 F.2d 4055, 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 St. Augustine 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 that it is well-recognized that the unique nature of outdoor advertising and
Ordinance No 2016- 04
Page 10
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. 805 (1970), quoting
United Advertising Corp. v. Borough of Raritan, 11 NJ. 144, 93 A.2d 362, 365 (1952)];
WHEREAS, the City of St. Augustine 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 City [see, e.g., E B.
Elliott Adv. Co. v. Metropolitan Dade County, 425 F.2d 1141, 1154 (5th Cir. 1970), cert. denied,
400 U.S. 8058 (1970)];
WHEREAS,the City of St.Augustine Beach finds anfAetermines that billboard signs are
public nuisances given their adverse impact on both trafEetkay and aesthetics;
WHEREAS, the City of St. Augustine 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:o,fLenexa, 67 F. Supp. 2d
1231, 1239 (D. Kan. 1999)];
WHEREAS, the City of StAugustine Beach finds and determines that the presence of
billboards along the federal interstate 4d 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 St. Augustine ,Beach recognizes that Scenic America, Inc.
recommends improvements in the scenic chara .-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 St. Augustine Beac i 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 St. Augustine 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 land use districts, and to provide that the
foregoing provisions shall bes-sverable;
WHEREAS, the City of St. Augustine 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;
Now
Ordinance No 2016-04 Page 11
WHEREAS, the City of St. Augustine Beach wishes to assure that new billboards are
effectively prohibited as a sign-type within the City;
WHEREAS, the City of St. Augustine Beach finds and determines that 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, 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.1978)];
WHEREAS,the City of St.Augustine Beach acknowledges that the Seven Justices' 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 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*:2d 405, 408-411 (16th Cir. 1990);
Nat'1 Adver. Co v. Town of Niagara,-942 F.2d 145, 157458 (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, 11171119 (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 Massapequth Park, 277 F.3d 622, 627 (2nd Cir. 2002); Clear Channel
Outdoor, Inc. v. City ofLas Angeles;340 f.3d 810,814-816 ( 9th 2003); Rid v. City of Bradford,
485 F.3d 736, 753(3rd Cir. 2007x;Naser`Jewelers, Inc. v. City of Concord, N.H., 513 F.3d 27, 36
(1st Cir. 2008); and RTMilledia,' .L.C. v City of Houston, 584 F.3d 220, 225 (5th Cir. 2009);
WHEREAS, the City of St. Augustine Beach recognizes that the distinction between the
location of off-premises signs and on-premises signs is a time, place and manner regulation, and
recognizes that in 1978 in Suffolk Outdoor, over the objection of Justices Blackmun and Powell,
the U.S. Supreme Court denied review of the underlying decision due to a lack of a substantial
federal question and that 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;
WHEREAS, the City of St. Augustine Beach acknowledges that the significance of
Suffolk Outdoor is that it was a merits 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 decision has never been overturned;
.w
Ordinance No 2016- 04 Page 12
WHEREAS, the City of St. Augustine Beach finds and determines, consistent with the
%ow foregoing preambles, that the business of outdoor advertising should be a prohibited use in each
of the City's land use districts and in all of the City's land use districts;
WHEREAS,the City of St.Augustine Beach finds and determines that it is appropriate to
prohibit discontinued signs and/or sign structures because they visually degrade the community
character and are inconsistent with the general principles and purposes of Appendix A, (Land
Development Regulations), Article VIII of the Sign Code as set forth in Exhibit A to proposed
Ordinance No. 2016- 04 ;
WHEREAS, the City of St. Augustine Beach finds and determines that 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;
WHEREAS,the City of St.Augustine Beach finds and determines that it is appropriate to
specify that in addition to land development regulations identified in Exhibit A to proposed
Ordinance 2016-04 , signs shall comply with all applicable building and electrical code
requirements;
WHEREAS, the City of St. Augustine Beach finds an&determines that the City has
'or► allowed noncommercial speech to appear Wherever commorcial '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;
WHEREAS, the City of St. Augustine Beab'Ii finds and determines that by confirming in
its ordinance that ii+ncommetcial messages are allowed wherever commercial messages are
permitted, the City will' Continue to overcome any constitutional objection that its ordinance
impermissibly favors cominefcial 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 St. Augustine Beach finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312 (M.D. Fla.20Q2);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 the Code and the Development Code, Ord. No. 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, n.22];
WHEREAS, the City of St. Augustine 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;
tor
Ordinance No 2016-04 Page 13
WHEREAS,the City of St.Augustine Beach finds and determines that the failure of some
courts to uphold severability clauses has Ied to an increase in litigation seeking to strike down sign
ordinances in their entirely so as to argue that the developers' applications to erect prohibited sign
types, such as billboards, must be granted;
WHEREAS,the City of St.Augustine 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 St. Augustine Beach finds sill determines that the prohibition on
billboards,as contained herein,continue in effect regardless t>'ffhe 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 St.Augustine Beach finds and determin,zathat 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-qth rr, provisions of
the City's sign regulations, other ordinance code provisions, or other laws, for any reason(s)
whatsoever;
s ..
WHEREAS,the City of St. Augustine Beach finds and determines that there be an ample
record that it intends that each prohibited sign-type Mmtinue in effect regardless of the invalidity
or unconstitutionality of any, or even all, other proidsions_(f the City's sign regulations, other r110
ordinance code provisions, or other laws, for any reason(s)whatsoever;
WHEREAS, the City of St. Augustine Beach finds and determines that it is aware that
there have bennbilboard developers who have mounted legal challenges to a sign ordinance,either
in its entity or as to Mme lesser portion, and argued that there existed a vested right to erect a
billboaihrough 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 deve1 per 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 St. Augustine 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 St. Augustine Beach finds and determines that it is appropriate to
allow for the display of allowable temporary signage without any prior restraint or permit
requirement;
Nissi
Ordinance No 2016-04 _ Page 14
WHEREAS,the City of St.Augustine 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 St. Augustine Beach finds and determines 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 [see Covenant Media of South Carolina, LLC v. City
of North Charleston,493 F.3d 421,435-437 (4th Cir. 2007);
WHEREAS,the City of St. Augustine Beach finds and determines that an applicant for a
permanent sign who is aggrieved by the decision of the building official upon a sign permit
application, or aggrieved by any failure by the building official 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 Cotirilgthe Seventh Judicial Circuit in and for St.Johns
County, Florida, or by any other court of competent jurisdiction, filed in accordance with the
requirements of law, seeking such appropriate remedy as may lie available;
WHEREAS, the City of St. Augustine Beach finds and determines that 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 pry, followed by claims that the local government had then failed to
4ine act on the purported applicatidn&.for an inordinate length of time and had thereby infringed upon
the constitutional rights'of the apjlicant;
WHEREAS,the City of StAugustine Beach finds and determines that local governments
are vulnerable to schemes wherfyalse assertions are made as to the delivery or submission of
sign permit applications whenl i fact suchapplications were never submitted or left with city
officials and claims of unconstitutional failures td-timely act upon the applications are then made
so as to obtain permits that could otherwise not be granted;
WHEREAS, the City of_St. Augustine Beach finds and determines that 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 a right of the 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;
WHEREAS,the City of St. Augustine Beach finds and determines that this 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;
Ordinance No 2016- 0 4 Page 15
WHEREAS, the City of St. Augustine Beach finds and determines that 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; and
WHEREAS, the City of St. Augustine Beach finds and determines that it is appropriate
that there shall be no criminal penalties for a violation of Appendix A, (Land Development
Regulations),Article VIII, Section 8(Sign Code), City of St Augustine Beach Code of Ordinances,
and that any penalty for a violation of Article VIII shall be limited to civil penalties only;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ST. AUGUSTINE
BEACH,FLORIDA:
SECTION I. Appendix A. (Land Development Regulations),Article VIII, Section 8 (Sign
Code), City of St. Augustine Beach Code of Ordinances, shall be deleted in its entirety.
SECTION 2. Appendix A, (Land Development Regulations), Article VIII, Section 8 (Sign
Code), City of St. Augustine Beach Code of Ordinances,consisting of Sections 8.00.00 through
8.00.13, shall be adopted to replace,the current Article VIII and shall provide as set forth in
EXHIBIT A hereto.
SECTION 3. Appendix A, (Land DevelopmentReguIations),Article III, Section 3.02.02.
—Uses. and Table 3.02.02(TABLE OF USI $ 3Y DISTRICT), shall be revised to
add a category in the table under Other: "The busineLID : J ss of outdoor advertising",which will be
designated as"Not Allowed".
SECTION 4,.-,Appendix A,(Land Development Regulations),Article III, Section
3.02.0241(e)—Use's 4ind Table 3.02.02 (TABLE OF ALLOWED USES), shall be revised to add
a category in the table under.Other-"The business of outdoor advertising", which will be
designated as"Not Allowed",
SECTION S. Appendix A,(Land Development Regulations), Article III, Section 3.02.03.
—Prohibited Uses,shall be revised to add a subsection(13)2.s follows: (13)Prohibited use: The
business of outdoor advertising.
SECTION 6. Appendix A, (Land Development Regulations), Section 3.02.01(K) (Mixed
use districts). Shall be revised to read:
Sec 3 02.01(K). Signage.
Signage. All signage, ground and wall signs shall be reviewed by the building official for
compliance with the provisions of the sections of 8.00.00 through 8.00.13 and shall meet the
remaining requirements of this section(3.02.01(K). :- . . .: . • . - • . .. . ..•
• .... . • • - .. - . - . - - . Ground signs shall have the following.....
Ordinance No 2016- 04 Page 16
SECTION 7. Appendix A, (Land Development Regulations), Section 12-10-03(3). Shall
stow be revised to read:
Sec. 12-10-03(r). Criminal penalties.
Criminal penalties. Whenever in this Code any act is prohibited or is made or declared to
be unlawful or an offense or whenever in this Code the doing of any act is required or the failure
to do any act is declared to be unlawful,where no specific penalty is provided therefor, the
violation of any such provision of this Code shall be punished by a fine not exceeding five
hundred dollars($500.00)or imprisonment for a term not exceeding sixty(60)days or by bath
such fine and imprisonment. Each day of any violation of anyprovision of this Code or of any
ordinance shall continue shall constitute a separate offense. This section shall not apply to
Article VIII, Section 8 (Sign Code), St. Augustine Beach CMM.e of Ordinances.
SECTION 8. Effective Date. This Ordinance shall take effect immediately upon passage
and adoption. •
SECTION 9. Codification of this ordinance in the Code of Ordinances of the City of St.
Augustine Beach is authorized and directed.
Now AUTHENTICATED THIS DAY Of _ , A.D..2016.
Rich O'Brien,MAYOR
Attest:
City Manager
First Reading:
Second Reading:
rrnr
Ordinance No 2016- 04 Page 17
EXHIBIT A
TO
ORDINANCE NO. 2016-04
Ordinance No 2016-04 Exhibit A, Cover
ARTICLE VIII.—SIGNS
8.00.00. Purpose, Intent and Scope.
8.00.01 Definitions.
8.00.02. Applicability.
8.00.03. Prohibited Signs.
8.00.04. 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.
(51 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) Ground 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.
8.00.05. Temporary and Permanent Signs Allowed in Land Use Districts
8.00 06. Temporary Signs Allowed in Land Use Districts.
8.00.07. Permanent Signs Allowed in Land Use Districts.
(1) Single-Family Residential Zoning Districts(RS-1, RS-2, RS-3).
(2) Multi-Family Residential Zoning Districts (RM-1, RM-2).
(31 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.2016-04 Exhibit A,Page 1 of 3_U
8.00.08. Building Permits
8.00.09. Sign Permits.
8.00.10. Nonconforming Signs.
8.00.11. Miscellaneous Provisions.
8.00.12. Penalties.
8.00.13. Severability.
Sec. 8.00.00. Purpose,Intent and Scope.
It is the purpose of this article to promote the public health, safety and general welfare
through reasonable, consistent and non-discriminatory sign standards The sign regulations in
this article 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 article 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 article 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 article is not intended to extend its regulatory regime to
objects that are not traditionally considered signs for purpose of government regulation.
The City of St. Augustine 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,
the northern boundary is Pope Road,which abuts Anastasia State Park and the western boundary
is the AIA Scenic and Historic Coastal Byway. 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.2016-04 Exhibit A,Page 2 of 3_0
(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 land use 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 W.ith 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 2016-04 Exhibit A,Page 3 01'310
(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.8.00.01. Definitions.
The Definitions in Article II shall apply to this article. Any term or phrase not defined
therein shall have its commonly understood meaning.
Sec. 8.00.02. Applicability.
This article 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. 8.00.03. 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 8.00.10, Nonconforming Signs.
(1) Discontinued signs.
1 Ordinance No 2016-04 Exhibit A,Page 4 ❑f 3_0
(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(288) square feet in sign area.
(5) Billboards; Off-Site Commercial Message 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 ground signs. which
are higher than twelve (12)feet.
(11) Freestanding or ground signs that exceed one hundred forty-four (144 ) 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) Portable signs.
(17) Revolving signs; rotating signs.
(18) Roof signs
(19) Signs within an intersection and sight visibility triangle, as described in Appendix
A, Article VI, (Development Design and Improvement Standards) Section 6.02.04(H)
(Clear visibility triangle) and 6.06.06 (Intersection visibility)herein, that obstruct a clear
view of pedestrian or vehicular traffic.
(20) Signs attached to a seawall, dock, buoy, tie pole or pier; other than warning signs
and safety signs.
1 Ordinance No 2016-04 Exhibit A. Page 5 of 3.0
(21) Signs in. on, or over the public right-of-way,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 article.
(22) 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
(23) Signs located on real property without the permission of the property owner.
(24) Signs nailed, fastened, affixed to, or painted on any tree or part thereof(living or
dead), or other vegetation.
(25) 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.
(26) 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.
(27) 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.
(28) Signs that emit sound, vapor, smoke, odor, or gaseous matter.
(29) Signs that obstruct,conceal, hide or otherwise obscure from view any traffic
control device sign or official traffic signal.
(30) Wall wrap signs.
(31) 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 2016-04 Exhibit A.Page 6 of 3'0
e. This provision is not to he 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.
(32) Signs that have neon or fluorescent paint.
Sec. 8.00.04. General Provisions for Signs.
The following general sign provisions shall apply to this article 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
Ordinance No.2016-04 Exhibit A,Page 7 of 310
the four vertical sides of the smallest four-sided polyhedron which will completely
enclose the entire sign structure.
(2) Measurement of Sign Height.
The height of a freestanding sign shall he 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 district may not be separately or specially illuminated,
unless otherwise specified in this article.
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 article. 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.
Ordinance No,2016-04 Exhibit A.Page 8 of 3_0
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.
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 article 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 article to the contrary, any sign erected
pursuant to the provisions of this article 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 article.
(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.
Ordinance No.2016-04 Exhibit A, Page 9 of 3_0
Any sign installed or placed on public property. except in conformance with the
requirements of this article, 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
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.
Ordinance No.2016-04 Exhibit A, Page 10 of 3_0
b. For a parcel in non-residential use, the street address sign shall not exceed
four(4) square feet in sign area.
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(112)
acre in size and is in nonresidential use,up to three flagpoles may be installed and up to
two (2) flags may he 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 he 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 he 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
i Ordinance No.2016-04 Exhibit A, Page 11 of 3_0
(17) Ground Signs.
A. Ground signs for single occupant or tenant buildings.
One ground sign is allowed for each single occupant or tenant building. The maximum
size of a ground sign shall be the lesser of: (1) one hundred forty-four(144) 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 ground sign is oriented. The maximum height of the ground sign shall be ten
(10) feet,and the maximum width of the ground sign shall be twelve (12) feet. Up to fifty (50)
percent of the sign surface of the ground sign may consist of a changeable copy sign; provided,
however,that the sign copy cannot be changed more frequently than once in a tw:. ur(24)
hour time period. The ground sign may be illuminated.
B. Ground signs for multiple occupant or tenant developments.
One ground sign is allowed for each multiple occupant or tenant development inclusive
of a shopping center. The maximum size of the ground sign shall be the lesser of: (1) one
hundred forty-four(144) 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 ground 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 ground sign
shall be sixteen (12)feet, and the maximum width of the ground sign shall be twelve and one-
half(12.5) feet. Up to fifty (50) percent of the sign surface of the ground 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 ground sign may be illuminated.
C. Ground signs at entrances to single-family and multi-family developments.
One ground 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 ground 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 ground signs
located on each side of the entry or exit street. The ground 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 6.06.06. The sign may be internally or indirectly
illuminated.
D. Ground sign for a parcel in educational, religious or public use.
In addition to any ground sign allowed above, one (1)permanent ground 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 ground sign shall not be allowed if there is an additional
permanent wall sign on the same parcel.
Ordinance No.2016-04 Exhibit A, Page 12 of 3_0
(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
fora 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 ground 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 he internally illuminated and
may emit sound only as part of a business transaction.
(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.
I Ordinance No 2016-04 Exhibit A, Page 13 of 310
(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 ground 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 ground sign or wall sign. The changeable copy sign shall not exceed ten
(10) feet in height when installed as a part of a ground sign for a single occupant or tenant
building. The changeable copy sign shall not exceed sixteen(1 b) feet in height if part of the
ground 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.2016-04 Exhibit A, Page f 4 of 3_0
(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.
8.00.05. Temporary and Permanent Signs Allowed in Land Use Districts.
The signage rights and responsibilities for temporary signs and permanent signs shall be
determined by the provisions of Section 8.00.04, General Provisions for Signs, and by the sign
provisions for the land use districts as set forth below in Sections 8.00.06. Temporary Signs
allowed in all land use districts, and 8.00.07, Permanent Signs Allowed in land use districts.
However, in connection with residential uses in nonresidential land use districts and
nonresidential uses in residential land use districts, the signage rights and responsibilities
applicable to any particular use shall be determined as follows: (1) In a residential land use
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 land use 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 land use district where a residential use is allowed,
the residential use shall be treated as if it was located in the residential land use district where
that type of use would be allowed as a matter of right
Sec. 8.00.06. Temporary Signs Allowed in Land Use Districts.
Within its land use districts and subject to any applicable provisions with Section 8.00.04,
General Provisions for Signs, the City shall allow temporary signs that meet the criteria and
limitations set forth in Table 1, shown below.
A government sign shall not require a sign permit and shall be allowed in all land use
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.
i Ordinance No.2016-04 Exhibit A. Page 15 of 3_0
TABLE 8.00.06.1 CRITERIA AND LIMITATIONS FOR
TEMPORARY SIGNS IN ALL LAND USE DISTRICTS
CRITERIA AND LIMITATIONS
LAND USE DISTRICTS L,ML,M,H CO. I CN.R
Maximum Number of Temporary Signs Per Parcel ' 8 4 4
Maximum Sign Size(Area)for a Temporary Sign= 4 sf 16 sf 16 sf
Maximum Sign Height for a Temporary 6 ft E ft 6 ft.
Freestanding Sign'
Maximum Sign Height for a Temporary Wall Sign 15 t1 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
line4
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 Sins
Maximum Aggregate Surface Area Allocated for 64 sf 128 sf. 128 sf
All Temporary Signs on a Parcels
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 6 06 06
Illumination Allowed No No No
Duration allowed after event ends 7 calendar days 7 calendar days 7 calendar days
L—Low Density Residential
ML—Medium-low density residential
M - Medium Density Residential
H—High Density Residential
CO - Commercial
I - Institutional
R- Recreation
CN - Conservation
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 szmn is limited
to a maximum duration of display of no more than thirty (30)days per calendar year per parcel.
2 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 All Tempoiary Signs are prohibited on public property and
from public rights-of-way
Not applicable to signs displayed on flagpoles.
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 2016-04 Exhibit A, Page 16 of 3_0
Sec. 8.00.07. Permanent Signs Allowed in Land Use Districts.
Within its land use districts and subject to any applicable provisions within Sec. 8.00.04,
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) Low and Medium-low Density Residential,Conservation and Recreation
Land Use Districts (L, ML,CN, R).
Within Low Density Residential Land Use Districts (L) and subject to the provisions with
Sec. 8.00.04, General Provisions for Signs, the City shall allow permanent signs that meet the
criteria and limitations set forth in Table 8.00.07.1 below.
TABLE 8.00.07.1
Low Density and Medium-low Density Residential Land Use Districts(L,ML)
Ingress and Egress Signs Allowed as per Sec.8.00 04 Sign Permit Not Required
Street Address Signs Allowed as per Sec.8.00.04 Sign Permit Not Required
Flagpoles Allowed as per Sec. 8.00.04 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec. 8.00.04 Sign Permit Not Required
On-Site Parking Space Signs Not Allowed N/A
Signs at Service Station Islands Not Allowed N/A
Ground signs Allowed as per Sec. 8.00 04(17)(c) 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 NiA
Projecting Signs Not Allowed N/A
Window Signs Not Allowed N/A
Door Signs Not Allowed N/A
Ordinance No.2016-04 Exhibit A, Page 17 of 3_0
(2) Medium and High Density Multi-Family Residential Land Use Districts (M,
Within Medium and High Density Multi-Family Residential Land Use Districts (M, H)
and subject to any applicable provisions within Section 8.00.04, General Provisions for Signs,
the City shall allow permanent signs that meet the criteria and limitations set forth in Table
8.00.07.2 below.
TABLE 8.00.07.2
Medium and High Density Multi-Family Residential Land Use Districts(M,H)
Ingress and Egress Signs Allowed as per Sec 8 00 04 Sign Permit Not Required_
Street Address Signs Allowed as per Sec 8 00 04 Sign Permit Not Required
Flagpoles Allowed as per Sec 8 00 04 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec 8 00 04 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec 8 00 04 Sign Permit Not Required
Signs at Service Station Islands Not Allowed N/A
Ground signs Allowed as per Sec 8 00.040 71(c) 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.2016-04 Exhibit A, Page 18 of 3_0
(3) Commercial and Industrial Land Use Districts (CO,I).
Within Commercial and Industrial Land Use Districts (CO, I) and subject to any
applicable provisions within Section 8.00.04, General Provisions for Signs, the City shall allow
permanent signs that meet the criteria and limitations set forth in Table 8.00.07.3 below.
TABLE 8.00.07.3
Commercial Zoning Districts(CO, I)
Ingress and Egress Signs Allowed as per Sec. 8.00.00 Sign Permit Not Required
Street Address Signs Allowed as per Sec. 8.00.04 Sign Permit Not Required
Flagpoles Allowed as per Sec. 8.00.04 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec. 8.00.04 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec. 8.00.04 Sign Permit Not Required
Signs at Service Station Islands Allowed as per Sec.8.00.04 Sign Permit Required
Ground signs Allowed as per Sec. 8.00.04 Sign Permit Required
Wall Signs Allowed as per Sec. 8.00.04 Sign Permit Required
Restaurant Wall Signs Allowed as per Sec.8.00 04 Sign Permit Required
Drive-Through Lane Signs Allowed as per Sec.8.00 04 Sign Permit Required
Umbrella Signs Allowed as per Sec.8.00 04 Sign Permit Not Required
Awning Signs Allowed as per Sec.8.00 04 Sign Permit Required
Canopy Signs Allowed as per Sec.8.00.04 Sign Permit Required
Changeable Copy Signs Allowed as per Sec.8.00 04 Sign Permit Required
Projecting Signs Not Allowed N/A
Window Signs Allowed as per Sec.8.00.04 Sign Permit Not Required
Door Signs Allowed as per Sec. 8.00.04 Sign Permit Not Required
Ordinance No.2016-04 Exhibit A, Page 19 of 3 0
(4) Mixed Use Land Use District(Mix).
Within the Mixed Use Land Use District(MIX)and subject to any applicable provisions
within Section 8.00.04, General Provisions for Signs, the City shall allow permanent signs that
meet the criteria and limitations set forth in Table 8.00.07.4 below.
TABLE 8.00.07.4
Mixed Use Land Use District (MIX)
Ingress and Egress Signs Allowed as per Sec 8 00.10 Sign Permit Not Required
Street Address Signs Allowed as per Sec 8 00.04 Sign Permit Not Required
Flagpoles Allowed as per Sec 8 00.04 Sign Permit Not Required
Flag Brackets and Stanchions Allowed as per Sec 8 00.04 Sign Permit Not Required
On-Site Parking Space Signs Allowed as per Sec. 8.00.04 Sign Permit Not Required
Signs at Service Station Islands Allowed as per Sec. 8.00.04 Sign Permit Required
Ground signs Allowed as per Sec. 8.00.04 Sign Permit Required
Wall Signs Allowed as per Sec. 8.00.04 Sign Permit Required
Restaurant Wall Signs Allowed as per Sec. 8.00.04_ Sign Permit Required
Drive-Through Lane Signs Allowed as per Sec. 8.00.04 Sign Permit Required
Umbrella Signs Allowed as per Sec. 8.00.04 Sign Permit Not Required
Awning Signs Allowed as per Sec. 8.00.04 Sign Permit Required
Canopy Signs Allowed as per Sec. 8.00.04 Sign Permit Required
Changeable Copy Signs Allowed as per Sec. 8.00.04 Sign Permit Required
Projecting Signs Allowed as per Sec. 8.00.04 Sign Permit Required
Window Signs Allowed as per Sec. 8.00.04 Sign Permit Not Required
Door Signs Allowed as per Sec. 8.00.04 Sign Permit Not Required
Ordinance No 2016-04 Exhibit A.Page 20 of 3_0
Sec. 8.00.08. 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 Building Code, without first
obtaining a building permit from the city in accordance with the provisions of the 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 Building Code is
separate and independent of the requirement for a sign permit under this article.
Sec. 8.00.09. 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 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 article and this Code.
(3) Exceptions from permitting. Temporary signs shall not require a sign permit.
Unless identified in the tables in Section 08.00.06 as not requiring a sign permit and unless
otherwise exempted from requiring a sign permit such as a government sign, all permanent signs
shall require a sign permit. However these exemptions in no way \Naive any requirement set
forth in the Building Code; or any limitation or restriction on the number, size, height. setback,
placement or duration of such signs under this article, 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 article shall be prepared and submitted on forms available at the building
department. The sign permit application is in addition to any building permit application required
by the 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
applicant shall provide written authorization from the property owner permitting the installation
of the sign.
Ordinance No 2016-04 Exhibit A. Page 21 of 3_0
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 ground 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.
k. 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 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.
P. Landscape plan, as applicable.
Ordinance No. 2016-04 Exhibit A.Page 22 of 3_0
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. Building Code Construction and erection of signs shall be in accordance
with the structural requirements set forth in the 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. Ground signs. Ground 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 ground signs. All tenant panels in a ground sign,
including those added to an existing sign structure, shall be constructed of similar
materials and illuminated by a similar method.
c. Wall signs. Wall signs shall not be installed to cover windows, doors, or
other types of fenestration.
1 Ordinance No. 2016-04 Exhibit A,Page 23 of 3.0
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
building department, 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 article and any applicable land use law of the
City of St. Augustine Beach as set forth in the City of St. Augustine 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 Manager 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 St. Augustine 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 he 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 wTitten
request via certified mail to the city and request a decision setting forth the reason
for the denial.
b. An approval, an approval with conditions, or disapproval by the city
manager or his designee 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
Ordinance No.2016-04 Exhibit A, Page 24 of 3_0
of the decision on the grounds that the building department director may have overlooked
or failed to consider any fact(s) that would support a different decision.
I. A written request for reconsideration accompanied by such additional
fact(s) that address the deficiencies that the applicant may wish the building
department director to consider, shall be filed with the building department
director 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 city manager 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.
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 building department director by certified mail
before the applicable deadline, the time shall be suspended until a final 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 St. Augustine Beach Code of Ordinances, then
upon the written request of the applicant delivered by certified mail to the
building department director 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 Land Development Code or the City of St. Augustine Beach Code of
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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 building department director 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 tiled. Such a written demand shall be
delivered by certified mail to the building department director. In such event, the
building department director 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 building department director
upon a sign permit application, or aggrieved by any failure 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 St. Johns 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
city manager, in writing via certified letter. and request immediate review of any pending
sign permit application. If such a letter is received by the city manager, 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 city manager
does not respond to the applicant following receipt of the certified letter, the substance of
the applicant's complaint shall be deemed rejected.
(9) Sign permit fees. Before issuance of a permit,the building department director
shall collect the necessary sign permit fees. The sign permit fees shall be as designated by
resolution of the city council
(10) Inspection. The building department director may make or require any inspections
to ascertain compliance with the provisions of this article and the Land Development Code.
(11) Revocation of sign permit. If the work under any sign permit is proceeding in
violation of this article, the Land Development Code. or the 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 building department director to revoke such sign permit and serve notice upon such permit
Ordinance No 2016-04 Exhibit A.Page 26 of 3_0
holder. Such notice shall be in writing and signed by the building department director. It shall be
unlawful for any person to proceed with any part of work after such notice is issued.
Sec. 8.00.10. Nonconforming signs.
All signs that are lawfully in existence or are lawfully erected and that do not conform to
the provisions of this article are declared nonconforming signs. It is the intent of this article 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 article. It is also the intent of this article 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 article that does not conform to the regulations as specified in this
article.
b. All legal nonconforming signs existing on August 1.2016 may continue
to be utilized only in the manner and to the extent that it existed at the time of the
adoption of this article until August 1, 2021, at which time all remaining legal non-
conforming signs shall be removed. In addition to any other requirements of the code,
repair of a legal nonconforming sign will be allowed only up to 500/0 of the fair market
value of the structure and only if the sign owner acknowledges in writing. on a form
approved by the city attorney, that the non-conforming sign will be removed by the
owner or any assignee or successor in interest on or before August 1, 2021. or any
amendment thereof The city building official shall maintain a list of all legal non-
conforming signs in the city and give notice to each sign owner of its duty to remove the
nonconforming signs before the August 1, 2021 removal date.
c. A legal nonconforming sign may not be altered in any manner not in
conformance with this article. This does not apply to reasonable repair and maintenance
of the sign of less than 50% of the fair market value of the sign structure or to a change of
copy provided that by changing the copy structural alterations are not required.
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 article, provided that if the nonconforming sign is a type of sign that is
prohibited under section 8.00.03, 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
Ordinance No.2016-04 Exhibit A, Page 27 of 3'0
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 article 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 article. An existing ground
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 article 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.
(3) Signs fora 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:
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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 he 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. 8.00.10. 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 (1 0) 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
four(4) square feet in size and no more than three (3) feet in height. Such signs shall not require
a permit.
Sec. 8.00.11. Penalties.
Penalties for violation of this Article VIII shall be as provided in Section 8.00. ;
however, notwithstanding anything in the Land Development Code or in the St. Augustine Beach
Ordinance Code to the contrary. a penalty for a violation of this Article VIII shall be limited to
civil penalties only and shall not extend to any criminal penalty including but not limited to
incarceration.
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Sec.8.00.12. Severability.
(1) Generally. If any part. section, subsection,paragraph, subparagraph, sentence,
phrase, clause,term, or word of this Article VIII 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 article.
(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
Article VIII, the St. Augustine Beach Code of Ordinances, or any adopting ordinance, if any part,
section, subsection,paragraph, subparagraph, sentence, phrase, clause.term, or word of this
article 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 article, 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 Article VIII, the St. Augustine Beach Code of Ordinance, or any adopting
ordinance, if any part, section, subsection, paragraph. subparagraph, sentence, phrase, clause,
term,or word of this article 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 Article VIII that pertains to prohibited signs, including specifically those
signs and sign types prohibited and not allowed under section 8.00.03, Prohibited Signs, of this
Article VIII Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause,term, or word of section 8 00.00-8.00.13 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 8.00.13 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 article and/or any other
Code provisions and/or laws are declared invalid or unconstitutional by the N alid judgment or
decree of any court of competent jurisdiction,the declaration of such unconstitutionality shall not
affect the prohibition on billboards as contained in this Article VIII or in the St. Augustine Beach
Code of Ordinances.
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