Exh 7DAGENDA ITEM #7D
MARCH 10, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Time period to require compliance with amended Sign regulations
SUBMITTED BY: Sonya Doerr, AICP .S.L~
Community Development Director
DATE: March 03, 2003
BACKGROUND: Following direction from the Commission, the following amendment is
proposed to Section 17-14, which sets forth provisions for Nonconforming Signs.
(S) Notwithstanding the preceding provisions of paragraphs (1) through
(4), all Signs permitted within Commercial and Industrial Zoning
Districts, pursuant to Section 17-6 of this Chapter, shall be made to
conform with the provisions of this Chapter, as may be amended,
within ten (10) years of the initial effective date of these regulations
as enacted by Ordinance Number 60-02-12, which date shall be
September 09, 2012.
BUDGET: No budget issues.
RECOMMENDATION: Approval of Ordinance Number 60-03-13 upon first reading. Public
hearing for second reading and final action is scheduled for March 24, 2003.
ATTACHMENTS: Strikethrough draft of Section 17-14 of the sign regulations and
proposed ordinance.
REVIEWED BY CITY MANAGE
AGENDA ITEM #7D
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.
51 Notwithstanding the precedingprovisions of paragraphs (1) through (4) all
Signs permitted within Commercial and Industrial Zoning Districts,
pursuant to Section 17-6 of this Chester shall be made to conform with the
provisions of this Chapter as may be amended within ten (10) years of the
initial effective date of these regulations as enacted by Ordinance Number
60-02-12 which date shall be September 09, 2012.
AGENDA ITEM #7D
MARCH 10, 2003
ORDINANCE NUMBER: 60-03-13
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADOPTING ORDINANCE NUMBER 60-03-13,
WHICH SHALL AMEND CHAPTER 17 OF THE CODE OF
ORDINANCES, SIGNS AND ADVERTISING STRUCTURES,
AS PREVIOUSLY ADOPTED THROUGH ORDINANCE
NUMBER 60-02-12, TO ADD NEW SECTION 14, PARAGRAPH
(5), PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. All Recitals and Findings of Fact made part of Ordinance 60-02-12 are
hereby incorporated by reference.
SECTION 2. Chapter 17, Signs and Advertising Structures, Article V, Nonconforming
Signs and Waiver to Certain Provisions, of the Code of Ordinances for the City of Atlantic
Beach, Florida is hereby amended to create new paragraph (5) within Section 17-14, and upon
enactment shall read as follows.
(5) Notwithstanding the preceding provisions of paragraphs (1) through (4),
all Signs permitted within Commercial and Industrial Zoning Districts,
pursuant to Section 17-6 of this Chapter, shall be made to conform with
the provisions of this Chapter, as may be amended, within ten (10) years
of the initial effective date of these regulations as enacted by Ordinance
Number 60-02-12, which date shall be September 09, 2012.
SECTION 3. In the case that any section, subsection, paragraph, phrase or sentence of
this Ordinance or Ordinance 60-02-12, shall for any reason held invalid or unconstitutional by
any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity and lawfulness of the
remaining portions of this Ordinance or Ordinance 60-02-12.
SECTION 4. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
SECTION 5. This Ordinance shall become effective on the date passed and enacted by
final reading.
Ordinance 60-03-13 Page 1 of 2
AGENDA ITEM #7D
MARCH 10, 2003
WHEREAS, after required notice was published, public hearings were held on the 10th
day of March, 2003 at 7:15 p.m. and on the 24th day of March, 2003 at 7:15 p.m. to hear and
enact said amendment to Chapter 17 of the Code of Ordinances for the City of Atlantic Beach.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Passed on first reading and public hearing by the City Commission of the City of Atlantic _
Beach this 10th day of March, 2003. Passed on final reading and public hearing this 24th
of March, 2003.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN HING
City Clerk
Ordinance 60-03-13 Page 2~ of 2