Exh 3BAGENDA ITEM #3B
MARCH 10, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request from Wilson and Wilson Optical, located at 615 Atlantic
Boulevard, t o a llow a n on-conforming s ign to b e fully re moved a nd re -
installed in the same general location and at the existing height of twenty-
five feet. (Request continued from previous meetings.)
SUBMITTED BY: Sonya Doerr, AICP S•~
Community Development Director
DATE: March 03, 2003
BACKGROUND: In that this matter has been ongoing since the summer of 2001, the following
summary is provided to refresh the issue.
• In November of 2001, amendments to the sign regulations were adopted to allow existing
nonconforming signs to remain provided that such signs did not encroach into right-of--ways, or
possess certain other characteristics. Because the Wilson and Wilson Optical sign encroached into
the right-of--way, it was not entitled to the nonconforming provisions, which would have allowed it
to remain as it existed.
• The owners were advised that the sign would have to be removed. The sign was not removed and
became the subject of Code Enforcement action in August of 2001. (The portion of the sign
extending into the right-of--way has now been removed, but the remainder on the sign is still in
place.)
• Staff later met with the owners to discuss options. The owners were advised that they would be
able to keep the sign if they removed the encroaching portion. Further, the owners were informed,
that a building (sign) permit would be required to make the changes they were proposing, and in
order for a building permit to be issued by the Building Official, the modified sign must comply
with the engineering and wind load requirements of the Florida Building Code.
• The nonconforming provisions (Section 17-14 (3) viii of the City Code) require signs to be brought
into compliance with the current sign regulations for: any change necessary for compliance with
- Florida Building Code requirements.
• The owners also have not been able to demonstrate that the sign complies with the engineering and
wind load requirements of the Florida Building Code.
• With the adoption of the most recent revisions to the sign regulations, the sign is now non-
conforming with respect to height and placement within the required five-foot setback.
BUDGET: No budget issues.
RECOMMENDATION: It is Staff's opinion that there are three options to resolve this issue. The
Commission may: 1) approve the requested waiver to allow a new sign of similar height, size and
location upon finding that applicant h as d emonstrated a need for t he requested waiver; 2) d eny the
request and require any new sign to comply with the current regulations, or 3) the owners must obtain
engineering to demonstrate compliance with the Building Code. Staff recommends that action be taken
on the request for a waiver from the sign regulations.
ATTACHMENTS: Sections 17-14 and 17-15 of the sj,gfl regulations.
REVIEWED BY CITY MANAGER:
AGENDA ITEM #3B
MARCH 10, 2003
ARTICLE V. NONCONFORMING SIGNS
AND WAIVER TO CERTAIN PROVISIONS
Sec. 17-14. Nonconforming Signs.
All Signs, which were lawfully in existence and constructed or installed with properly issued Sign Permits
as of the effective date of these amended regulations, and which are made nonconforming by the provisions herein
shall be allowed to remain in accordance with the following conditions:
(1) Freestanding Signs, permitted pursuant to Section 17-6, made nonconforming upon the initial
effective date of these amended regulations, which are not in compliance only with respect to the
minimum required distance of five (5) feet from any property lines shall be allowed to remain in
the existing location provided that no portion of the Sign is located within any publicly owned
right-of--way or utility easement and that no interference with clear sight distance exists, and
further provided that such Signs are otherwise in compliance with the terms of this Chapter.
(2) Freestanding Signs, permitted pursuant to Section 17-6, made nonconforming upon the initial
effective date of these amended regulations, which are not in compliance with respect only to
maximum width, height or size shall be allowed to remain, provided that such Signs are
otherwise in compliance with the terms of this Chapter.
(3) Nonconforming Signs, including those as described in preceding paragraphs (1) and (2) shall be
made conforming with all provisions of this Chapter when any of the following changes are
made:
i. Any change to the structural supports or structural materials, including temporary relocation
associated with routine maintenance of a property.
ii. Any change which increases the illumination.
iii. Any change which increases the height of a Sign.
iv. Any change, which alters the material used for the Display Area or Face Area by more than
twenty-five (25) percent.
v. Any replacement required as the result of an accidental act or a weather related act.
vi. Any replacement of an Abandoned Sign.
vii. Any change necessary for compliance with Florida Building Code requirements.
(4) The provisions of this Section shall not be construed to apply to Signs that are abandoned,
deteriorated, dilapidated, or in a general state of disrepair, or which are determined to create a
hazard to public safety. Such Signs shall be subject to the provisions of Section 17-10.
Sec. 17-15. Requests to waive certain terms of this Chapter.
Requests to waive terms of this Chapter may be made upon specific application to the City Commission,
with proper public notice required, provided that no waiver shall be requested that would allow a Prohibited Sign,
or any otherwise unlawful Sign. The applicant requesting such waiver shall have the burden of demonstrating the
need for the requested waiver, and that the waiver is not in conflict with the Intent of this Chapter. The terms of
any waiver to the provisions of this Chapter shall be established by order of the City Commission.
Secs. 17-16 through 17-30. Reserved.
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