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05.15.2018 CDB Agenda Packet CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING AGENDA Tuesday / May 15, 2018 / 6:00 PM Commission Chambers / 800 Seminole Road 1. Call to Order and Roll Call. 2. Approval of Minutes. A. Minutes of the April 17, 2018 regular meeting of the Community Development Board. 3. Old Business. 4. New Business. A. ZVAR18-0009 PUBLIC HEARING (Karl and Dorothy Klein) Request for a variance as permitted by Section 24-64, to increase the allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva Marina Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle). 5. Reports. A. Sign Code Update 6. Public Comment. 7. Adjournment. All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department, located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties m a y a t t e n d the meeting and make comments regarding agenda items, or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chambers prior to the start of the meeting. Please note that all meetings are live streamed and videotaped. The video is available at www.coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City not less than three (3) days prior to the date of this meeting at the address or phone number above.     May 15, 2018 Community Development Board Agenda Packet Page 2 of 41 May 15, 2018 Community Development Board Agenda Packet Page 3 of 41 Minutes of the Regular Meeting of the COMMUNITY DEVELOPMENT BOARD April 17, 2018 1. CALL TO ORDER AND ROLL CALL from 3 feet as required by Section 24-151(b)(1)(n) to 1.5 feet to allow for an open exterior staircase on the south side of a new two story detached garage at Lot 4, Block 24, Subdivision "A" Atlantic Beach (aka 340 Ocean Boulevard). Staff Report Director Corbin explained that the variance requested is to accommodate a stairwell to an accessory structure. The property is zoned RS-2 and is approximately 50 feet wide by 115 feet deep. It is a new construction single family home. Initially, the applicant had submitted for a permit at 350 Ocean Boulevard The meeting was called to order at 6:03 p;m; by hair Paul; Mr; Major, Mr; Mandelbaum and alternate, Mr; Tingen, were absent from the meeting; Ms; Simmons, Mr; Elmore, Mr; Hansen and Ms; Lanier were all present; !lso present were Director Shane orbin, Planner Derek Reeves, Planner rian roedell, oard Secretary Valerie Jones and the ity !ttorney, renna Durden representing the firm Lewis, Longman and Walker; 2. APPROVAL OF MINUTES A. Minutes of the March 20, 2018 Regular Meeting of the Community Development Board. Mr; Hansen motioned to approve the minutes; Ms; Lanier seconded the motion; The motion carried unanimously; 3. OLD BUSINESS A. Selection of Chair and Vice Chair Ms; Paul said that she has been the hair for several years and she doesn't desire to be the hair for this year; She would be happy to be the Vice hair; Mr; Hansen said that he thought Ms; Lanier would make an excellent hair; Ms; Lanier said that she would be glad to do it; Mr; Hansen nominated Ms; Lanier to be hair; Ms; Simmons seconded the motion; The motion carried unanimously; Mr; Hansen nominated hair Paul to be Vice hair; Ms; Lanier seconded the motion; The motion carried unanimously; It was decided Vice hair Paul would chair this meeting; 4. NEW BUSINESS A. ZVAR18-0008 PUBLIC HEARING (Michael Phillips) Request for a variance as permitted by Section 24-64, to decrease the minimum distance required for open exterior stairs from side lot lines Page 1 of 10 May 15, 2018 Community Development Board Agenda Packet Page 4 of 41 next door, with a similar site plan, which was revoked. When they resubmitted for 340 Ocean Boulevard, someone included the 350 Ocean Boulevard plan as a reference point. That caused a little bit of confusion. Director Corbin showed that plan on the overhead and pointed out the stairwell for that address. A permit was applied for 340 Ocean Boulevard with a 2 car garage. Staff submitted comments to the applicant on June 17 and requested that setbacks be shown on the site plan. On the second submittal the setbacks are shown, but there isn't a staircase shown. Staff approved it based on the site plan, it was approved by other reviewers and a permit was issued. Director Corbin put the first site plan submittal up and pointed out that there wasn't a doorway or staircase indicated. He then showed the revised site plan that Staff received and again it didn't have a staircase on the structure. He explained that when renderings show elevations and the elevations do show staircases but not on the site plans that Staff used to actually look at the setbacks. Director Corbin then showed a current survey of the property that shows where the staircase is located and it is within the setback line. On December 17, 2017 Staff received a complaint on the staircase. Staff went and looked at the situation and verified that there was indeed a setback violation. Staff spoke with the developer and they agreed that there was an issue. On January 18 Director Corbin became aware of it. The Building Department and Planning Staff went out to the site and accessed the situation. At that time the developer wanted to solve it and not file a variance. Whether by moving the staircase or taking the stairs up through the interior of the building. The Developer was allowed to continue working on the home while he tried to figure this out. Staff continued to receive complaints. On March 18 Director Corbin contacted the developer and let him know that it was time to make a decision on what he was going to do. Director Corbin told him that if he wasn't going to apply for a variance then Staff would have to do enforcement for the setback violation. At that point, the Developer decided to go for a variance. The request is to keep the staircase. The attached garage is 5 feet from the side property line and meets the setback, but the staircase projects towards the property line. It is allowed to project 2 feet towards the property line but it projects and additional 1.5 feet. Director Corbin said Staff looked into cutting the staircase in half along with some other creative ideas but then they encountered other building code issues. He said that the Building Department Official was at the meeting if the Board had any questions for him. Analysis and concerns are that the staircase is protruding 1.5 feet beyond the allowed setback. Director Corbin said that the City is not going to issue a Certificate of Occupancy and a Stop Work Order has been placed on the accessory structure. Chair Lanier asked whether the two lots were owned by the same developer. Director Corbin said that they were but have been sold off separately. Chair Lanier wanted to know if the upstairs of the garage is an apartment or just a room. Page 2 of 10 May 15, 2018 Community Development Board Agenda Packet Page 5 of 41 Director Corbin said that he believes it is for the property owner's daughter to use as a spare bedroom. She asked for clarification of the rear setback which is 10 feet and Planner Reeves explained the difference due to it being a detached structure. They discussed the lot size and confirmed that it was a new build. Mr. Hansen said that it was his understanding that the site plan shows the setbacks but he wanted to know if the elevations show the setbacks. Director Corbin said that they do not. !pplicant omment Michael Phillips of 992 Ocean Boulevard introduced himself as the developer. He !llen Winter introduced himself as ouncil for Ms; Kane, the southern neighbor, but also as a neighbor residing at 308 Ocean oulevard; Mr; Winter said that there has to be push back when these things happen and he is glad that ity officials are listening; He said that he sees 4 parties in this matter: the owners, the builder, the ity and Ms; Kane; Mr; Winter pointed out that the only party with clean hands is Ms; Kane; He is asking that the variance be denied because she should not be damaged by this and has done nothing wrong; said that he has been pulling permits in the City since 1989 and has only asked for one variance in that time. He said that he is here for a variance on something that he permitted and he said that there have been inspections throughout the build. Mr. Phillips said that the neighbor came forward and said that it was too close to her property and that's when it became an issue. He pointed out that the staircase was shown on other pages that were stamped by the engineer. Mr. Phillips said that the site plans are not the only thing that matters on the plan, rather, all the pages matter. He said that he got a permit, built it and now he is being told he will have to take it down unless he can work something out with the neighbor. Mr. Phillips went on to explain why the stairs can't just be moved. Moving them to the inside of garage would take up a fourth of the garage and involve gas lines, water lines, etc. He blamed the architect and said the City missed it. He explained that he had a footer inspection on October 18 and nothing was said then. Ms. Simmons said there seems to be a lot of blame here and that a lot of people supposedly missed something: the architects missed putting the staircase in the rendering and she wanted to know what the City missed. Mr. Phillips said that the City goes through each page. He said that different departments look at these plans: public works, zoning, etc. Mr. Phillips said that they don't just go off the site plans, there are cantilevered decks, soffits, etc. Ms. Simmons said that if Mr. Phillips has been living and building in Atlantic Beach for that long then he missed it too. She said that he should be aware of the setbacks and not just blaming others. He said that with the different setback options then he depends on his architect, engineer and the City to catch these things. He added that there is blame to go around and it is unfortunate where things are. Public omment Vice hair Paul opened the floor to public comment; Page 3 of 10 May 15, 2018 Community Development Board Agenda Packet Page 6 of 41 Joan Kane of 330 Ocean oulevard introduced herself as the neighbor; She said she built her home 21 years ago; She is asking for the variance to be denied due to the fact that it is against code, it damages her property value, it invades her privacy and security as someone could easily climb over the fence; Vicki Reynolds of 328 each !venue introduced herself; She said that a mistake has been made with this home and asked that the variance be denied; ruce leary of 122 6th Street introduced himself; He said that because the builder has been building in !tlantic each for so long and this was a new build that he should have known what the setback was; oard Discussion Chair Lanier said that this one is easy for her due to the fact that it was an empty lot and it is a newly designed home that should have been built to standard. She opposes granting the variance. Ms. Simmons agreed that the builder should have known the setbacks and she cannot approved this variance. Vice Chair Paul asked if Staff was routed an entire set of plans or site plan only. Planner Reeves said they are routed an entire set of plans. He said that multiple plan sets come in and depending on the project it can go to upwards of 5 departments at the same time. Planning receives architectural and site plans typically, sometime structural, but not always. In this case, Planning looked at architectural on the first review but they were missing the setbacks on the site plan and the structural projections. When the revision was submitted the projections and the setbacks were shown on the site plan so there was no reason to open the plans. Mr. Hansen said that he was not in favor of this variance. Ms. Durden reminded the Board to make its motion based on the criteria set forth in the City code (i.e. grounds for decision: approval or denial). Ms. Simmons pointed to 1, 4, 5 and 7 for denial of the variance. Chair Lanier added 3 which is public safety. Motion Mr. Hansen motioned to deny ZVAR18-0008 based on grounds for denial items 1, 3, 4, 5, and 7. Ms. Simmons seconded the motion. The motion carried unanimously. B. Ordinance 90-18-234 PUBLIC HEARING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24-169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR Page 4 of 10 May 15, 2018 Community Development Board Agenda Packet Page 7 of 41 WAIVER OF SECTION 24-51 PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Staff Report Planner Reeves explained that this is the Public Hearing for the Medical Marijuana Treatment Center Dispensing Facilities ordinance that has been discussed for several months. This was a voter referendum in 2016 and the City has a moratorium in place that will expire at the end of May. This ordinance will address that moratorium so it can be lifted. There was a joint meeting in November 2017 with City Commission and the Community Development Board and a meeting last requirements that including staffing and video surveillance. Board what neighboring communities conditional use-by-exception on 3rd Street and their CBD. They mention the State house between 2:00 a.m. and 7:00 a.m. The State says you cannot dispense during those hours but you can do other activities such as office work, growing, etc. Neptune Beach went a little further and said no activities between 2:00 a.m. to 7:00 a.m. They have an 800 foot pedestrian buffer from churches, public and private schools and other Medical Marijuana Treatment Facilities. The proposed Ordinance would separation from zoned property. month. Here are some of the State regulations: Facilities cannot dispense between 9:00 p.m. and 7:00 a.m., they cannot be within 500 feet of a public or private school, they must be treated the same as pharmacies, the City cannot limit the number of facilities allowed, the State has limitations on the number of Facilities permitted in the State based on the number of registered users, there are security Planner Reeves told the are doing. Jacksonville Beach approved Dispensaries in February in their C2 District, it is a hour restrictions and they add a 500 foot buffer to Medical Marijuana Treatment Centers on top of the State requirements. Neptune Beach approved Dispensaries in January allowed as a permitted use in their C2 and C3 Districts, with limited make Pharmacies and Medical Marijuana Treatment Facilities as a permitted use within Commercial General. Pharmacies would be removed from Commercial Limited. The parcel would need to have required frontage on Atlantic Boulevard or Mayport Road. This would ensure residential neighborhoods. There is a minimum 100 foot separation between a customer entrance and any property line of a residentially There would be a 500 foot buffer from Pharmacies and Dispensing Facilities inside and outside of Atlantic Beach, so we would count the ones that are in Neptune Beach or Jacksonville. It would mirror the State's requirement for public and private schools, and add religious institutions whether inside or outside Atlantic Beach. Planner Reeves showed the Board a map and then explained a couple of the eligible locations for Dispensaries. Most of the available locations are on Mayport Road along with 3 parcels on Atlantic Boulevard (One Ocean Hotel, Value Pawn and the storage unit property next to Value Pawn). Planner Reeves reminded the Board that the buffers work both ways so if we get a pharmacy in, no church or school could be within 500 feet of that facility. Planner Reeves said that the Board should make a Page 5 of 10 May 15, 2018 Community Development Board Agenda Packet Page 8 of 41 recommendation for approval or denial or approval with conditions and it will move forward to Commission for a first reading on May 14. Public omment Vice hair Paul opened the floor to public comment; There was no public comment so the Public Hearing was closed; oard Discussion The Board asked if this Ordinance would come back to them again and Planner Reeves said it would not due to the moratorium deadline. Ms. Durden clarified that if the Board wanted to make changes as part of their recommendation they can do that in their motion. Chair Lanier said she was ready to send it through to the Commission. Motion Ms. Simmons motioned to recommend approval of Ordinance 90-18-234 to the City Commission. Mr. Elmore seconded the motion. The motion carried unanimously. Vice Chair Paul asked when it would have its first reading and Planner Reeves said the first reading would be on May 14th and second reading on May 29th. C. Ordinance 90-18-233 PUBLIC HEARING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG); AMENDING SECTION 24-165, GAS STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51 PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Staff Report Director Corbin explained that this item began in September 2016 and has been ongoing. The current code has some outdated terminology and some uses that need clarification. For example, in Commercial Limited you can have a convenience store with gas pumps but in the Commercial General you have auto service station, both of which can be considered gas stations. There is outdated terminology that needs to be clarified and the definitions are inadequate and the standards need to be updated. At a Town Hall on January 27 the public comments showed that they wanted to see restrictions on size, lighting, total number of pumps that would be allowed and the general proximity that a gas station would be allowed to any residential property. The Ordinance was discussed by the Commission on March 12 and the feedback from them was that they wanted a more detailed set of restrictions based. That brings us to the version that is presented to the Board. Page 6 of 10 May 15, 2018 Community Development Board Agenda Packet Page 9 of 41 This Ordinance contains new definitions, removal of some definitions, and removal of gas station with pumps in the CL. Automobile service station with minor auto repair was removed. Gas stations, electric charging stations, convenience stores and car wash definitions were added. A variety of design standards were added to be more restrictive. One being that no fuel pump shall be located within 250 feet of any lot line of any property that is zoned residential. Language has been added in regards to lighting, the lighting would have to be consistent throughout the project and it would have to be down lighting so that it can't shine off the property. No lighting can be more than 0.2 footcandles beyond the property line, which is standard lighting when looking at development plans. The number of pumps have been restricted to 4. This number came from the Commission at the last meeting. There currently is no limit on gas pumps in Commercial General. All future gas stations will be required to front commercial arterials such as Mayport Road or Atlantic Boulevard. We are proposing enhanced landscaping by adding some understory trees as well as shade trees. Variances would follow the typical process. Hours of operation would be restricted to 5:00 a.m. to 12:00 p.m. Signage would be very limited. There would no longer be inflatable objects, flags, stickers, signs on gas pumps and telephone poles. Outdoor sales of consumable goods (i.e. ice, redbox, propane, etc.) would have to be screened in the future. The biggest restriction would be a quarter mile buffer between any future gas station and current ones. The Commission didn't feel comfortable with an all-out ban and eliminate access for citizens. Director Corbin showed the Board a map that displayed locations where new gas stations wouldn't be allowed. Effectively, one or more gas stations would have to go out of business to eliminate the buffer before a new gas stations could open. Staff is proposing to include some language to protect any existing gas station that is in operation so that they wouldn't be affected. The same for anyone who has a permit in or a site plan and they are moving forward with a project. Vice Chair Paul asked about the gas station at Levy Road and Mayport Road that has been vacant and for sale, can someone purchase it and continue to operate it as a gas station. Director Corbin said they would have 6 months from the time that this Ordinance would go into effect. Chair Lanier wanted clarification on any existing permits or projects in motion, that they would not be affected. Director Corbin said that is correct and she asked if the signage part would be retroactive. Director Corbin gave an example of a new gas station that was about to come on line and they had certain things that they didn't already have approved in their plan and they wanted to add additional signage. This Ordinance would prohibit that. But if there is a gas stations out there that has already been approved for an ice machine and propane outside, then the Ordinance wouldn't go into effect. Director Corbin said that typically there is a lot Page 7 of 10 May 15, 2018 Community Development Board Agenda Packet Page 10 of 41 of signage that a gas station doesn't submit an application for, they just put them out. Mr. Hansen asked for clarification on the 4 pumps to which Director Corbin explained that it would be up to 8 cars fueling at one time. Public omment Vice hair Paul opened the floor to public comment; There was no public comment so the Public Hearing was closed; for clarification on the marijuana buffer because she is a member of a church in !tlantic each; She said she was concerned if something is opening up; Vice hair Paul said that there isn't anything opening up at this time but that it had to be addressed as a ity prior to someone wanting to open up a Facility; She explained that the State has criteria and the ity also has criteria which includes the 500 feet from a church or a school; There was no more public comment so the Public Hearing was closed; oard Discussion Vice Chair Paul said that the Ordinance does seem to be a reasonable solution in response to the feedback from general public. Mr. Hansen said he read through this Ordinance and the old Ordinance and he thinks this is a good fix. He said he would recommend it to the City Commission. Chair Lanier said she supports this and said that the Staff has done a masterful job of sorting through all of conversation and issues. Ms. Simmons concurred and commended Staff for the details (lighting, distances, landscaping, etc.). Motion Mr. Hansen motioned to recommend approval of Ordinance 90-18-233 to the City Commission. Ms. Simmons seconded the motion. The motion carried unanimously. The Board discussed Mr. Mandelbaum's absenteeism and direction on replacing his seat. Ms. Durden said that the Board could request the Commission to take notice that one of the members has not appeared at the meeting. She said she would look to see if there is a specific provision and get back to the Board after the public comment. 5. REPORTS There were no reports. Public omment Planner Reeves asked Vice hair Paul to open the floor for any general public comment; Vice hair Paul opened the floor to public comment; Gloria of 2726 Dahlonega Drive is a property owner in !tlantic each; She asked Page 8 of 10 May 15, 2018 Community Development Board Agenda Packet Page 11 of 41 oard Discussion Vice Chair Paul brought the meeting back to the discussion with Ms. Durden. She said there is a section in the code, Chapter 14-19 that says "Any member of the Community Development Board may be removed for cause by the City Commission upon written charges and after public hearing. Any member who fails to attend 3 consecutive meetings without cause shall have his office declared vacant unless the member's absence is excused by a majority of the Board members and the City Commission shall promptly fill such vacancy." So it does appear that this Board does have the ability to declare that position vacant unless the member's absence is excused by a majority of the Board members. Vice Chair Paul said that Mr. Mandelbaum has missed all of the meetings this year. Mr. Hansen asked if he had notified someone that he wasn't going to be at a meeting then would that be excused. Mr. Hansen moved to declare Mr. Mandelbaum's seat vacant and ask the City Commission to appoint a new Board member. Ms. Simmons seconded the motion. Planner Reeves said that he heard from Mr. Mandelbaum through email for the November meeting and the February meeting. He said that one was a work commitment and the other was a conflict. Ms. Durden said that there may be issues that the Board is not aware of. Mr. Mandelbaum has missed 2 meetings in a row and it is up to the Board whether they want to wait and see if he misses a 3rd meeting. Mr. Hansen withdrew his motion but he asked that Staff please inform Mr. Mandelbaum that they would like to see him at the meetings or they will entertain a motion to have him removed. Planner Reeves reminded the Board that there is a vacant alternate seat that the Board Member Review Committee isn't actively seeking to fill. He suggested that the Board might want to ask Commission to fill that alternate seat in case they do come to a decision on Mr. Mandelbaum. Chair Lanier said that she has found that when an alternate is sitting with the Board they are completely uninformed and they don't have the history of decision making that the current Board has grown into. She said that it is the precedence and slippery slopes and all of the things that the Board has worked so hard to not set-up for themselves and the community. Chair Lanier said that she doesn't believe an alternate member, unless they attend every meeting and go out with the package and inspect everything, she doesn't think that they are equipped. She said that she would rather have members that could come to every meeting instead of an alternate member. Ms. Simmons agreed with Chair Lanier. Vice Chair Paul added that there doesn't seem to be much direction in the wording in regards to the alternates. Mr. Elmore commented on the fact that the City Commission over ruled the Board on a decision they had made regarding 6 foot fencing for a property on Selva Marina Drive. He said that he is concerned that there will now be many requests for variances for 6 foot fences. Mr. Elmore said that the Board doesn't have the backing of the City Commission. Page 9 of 10 _______________________________________ _______________________________________ May 15, 2018 Community Development Board Agenda Packet Page 12 of 41 Ms. Simmons asked if there is a way for the Board to send a notice to the City Commission that would explain why they feel the way they do regarding 6 foot fences. Mr. Elmore said that the point is the Commission didn't stand behind a unanimous decision to deny the variance and allow this to happen when it flies right in the face of what the City code says. He said he was really disappointed. Ms. Durden said that there is a way for the Board to draft a letter or a report and present it to the Commission in regards to fences or any other concern. Mr. Elmore questioned whether there would be any legal grounds for future variance requests that would use this situation. Ms. Durden said that each variance stands on its own and is dependent upon the particulars of that particular case. But legally she thinks there would be a strong argument. Vice Chair Paul said that there have been several decisions made in situations that were important to the Board and the City Commission over ruled these decisions. She suggested that a letter may need to be included in the packets that go to the City Commission on future decisions. Ms. Simmons asked if there was anything in the code that would direct the Commission to send it back to the Board if there are going to be changes. Ms. Durden said that if it is an appeal they can deny or modify. She said that on a use- by-exception this Board is only making a recommendation. Ms. Durden said that if the changes that the Commission is making are substantially different then what the Board has recommended, then possibly the Commission should send it back to the Board. She said she doesn't know if there is anything in the current code that requires them to do that. Ms. Durden believes that since the Board's action is only a recommendation, the Commissioners are the ones with the final agency action in regards to the use-by-exception. She reminded the Board that there will soon be a rewrite of the City LDR and this might be a topic that needs to be addressed. If the Board wants to add language in regards to the distinction made between an application that comes before this Board and an application that comes before the Commission. 6. ADJOURNMENT Mr. Elmore motioned to adjourn the meeting at 7:40 p.m. Ms. Simmons seconded the motion. The motion carried unanimously. Linda Lanier, Chair Attest Page 10 of 10     May 15, 2018 Community Development Board Agenda Packet Page 13 of 41 May 15, 2018 Community Development Board Agenda Packet Page 14 of 41 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR18-0009 Request for a variance as permitted by Section 24-64, to increase the allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva Marina Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle). LOCATION 1918 Oak Circle APPLICANT Karl and Dorothy Klein DATE May 9, 2018 STAFF Derek W. Reeves, Planner STAFF COMMENTS The applicants are Karl and Dorothy Klein, the owners of 1918 Oak Circle. The property is zoned PUD in the Selva Marina neighborhood and has an existing single family home. The owners would like to replace an existing six foot fence with a new six foot fence. The site plan in the application shows the location fence along the rear property line. A variance is required for the new fence because it does not meet the requirements of the PUD. This property is part of the Selva Marina Unit 12-A PUD and plat. The plat generally includes the lots on Oak Circle and those along 19th Street in near Oak Circle for a total of 14 properties. The PUD was approved in 1978 by the Commission. A copy of the City Commission meeting minutes for the approval are attached. The Covenants and Restrictions for the PUD, which are usually not enforced by a municipality, were provided to the City as the PUD’s governing text. The Covenants do define the City’s enforcement powers in the PUD. A copy is attached to the end of this report. Section III(D)(4) of the Covenants states in part, “Fences or walls may be located outside of the dwelling zone provided: (a) The shall not exceed four *4) feet in height.” The dwelling zone is defined by setbacks of 20 feet in the front and rear and 10 feet in each side yard. As this fence is on the property (outside the dwelling zone) a variance is needed to exceed 4 feet in height. When reading the Covenants, there are several references to a Special Advisory Planning Board that is required to grant approvals in the PUD. However this board no longer exists. The Covenants then defer responsibilities to the City. Just as if a proposed project did not meet the City’s zoning code, it would have to get a variance, when a proposed project doesn’t meet the requirements of the PUD, it must get a variance. Historically, it appears that the City has not always recognized and enforced these Covenants, which has resulted in a hodgepodge of development in this PUD, and others with similar circumstances. This means that the City’s normal zoning code was applied. If the City’s normal zoning code was applied to this fence, it would be approved administratively as six foot fences are allowed in side and rear yards. Ultimately, staff would like to explore corrective measures for these PUDs that would address the nonexistent boards and to make zoning requirements consistent. May 15, 2018 Community Development Board Agenda Packet Page 15 of 41 Portions of the proposed fence do exceed 6 feet in height. For example the fence is about 7 feet above the paver patio as seen in the picture below. As seen in the picture on the right, the patio is actually elevated several inches at its edge. However, the fence does maintain a consistent horizontal line and is at or below 6 feet in height on each end. The picture to the left shows the western end of the fence that is only about 5 feet tall. Section 24-157(b)(4) does allow fencing on lots with uneven topography (except oceanfront lots) to maintain a consistant horizontal line as long as the terminus is at or below the required fence height. If this were applied to this case, the fence would be permissable under standard City requriements. It should also be noted that the properties abutting this one to the north are in the RS-1 zoning district and therefore subject to the standard City requirements where a 6 foot fence could be built without a permit. As a point of clarification, the fence has already been constructed. Parts a previous fence matching the height and location were damaged in Huricane Matthew. The owner began what he thought was a repair, but was actually considered new construction by the City. As a result the City asked that the fence be permitted. Page 2 of 4 May 15, 2018 Community Development Board Agenda Packet Page 16 of 41 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant discusses in their application their history of permitting on the property where the City has gone from not having any permit control to permitting some stuff to enforcing the covenants. The applicant also point out that they were unaware that they even had covenants on their property. Ultimately they want to be able to keep the fence they had for years before rebuilding it. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 3 of 4 May 15, 2018 Community Development Board Agenda Packet Page 17 of 41 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR18-0009, request to increase the allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva Marina Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR18-0009, request to increase the allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva Marina Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle), or it is not consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner. Page 4 of 4 May 15, 2018 Community Development Board Agenda Packet Page 18 of 41 May 15, 2018 Community Development Board Agenda Packet Page 19 of 41 May 15, 2018 Community Development Board Agenda Packet Page 20 of 41 May 15, 2018 Community Development Board Agenda Packet Page 21 of 41 May 15, 2018 Community Development Board Agenda Packet Page 22 of 41 May 15, 2018 Community Development Board Agenda Packet Page 23 of 41 May 15, 2018 Community Development Board Agenda Packet Page 24 of 41     May 15, 2018 Community Development Board Agenda Packet Page 25 of 41 May 15, 2018 Community Development Board Agenda Packet Page 26 of 41 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 5.A CASE NO. Sign Code Update DATE May 9, 2018 STAFF Derek W. Reeves, Planner STAFF COMMENTS On August 8th, 2016, the City passed Resolution 16-04 to cease enforcement of portions of the City’s Sign Regulations that were in conflict with the recent Reed v. Town of Gilbert, Arizona Supreme Court decision. While amendments to the code were planned as part of the larger rewrite of the Land Development Regulations, complaints related to the lack of enforcement of portions of the Sign Regulations have expedited the process. The Reed v Town of Gilbert decision basically made it unconstitutional under the first amendment to regulate signs based the content of the sign. A common example of this is time and size requirements for “political signs” that are different from yard sale or real estate signs. The argument is that it is the size and location of a sign that can have negative impacts and not the content. As a result, any regulation that is based on content violates freedom of speech. The City’s current sign code has multiple regulations that are based on content and this is why the resolution was passed. Staff has done a brief review of the current code and identified areas that may need to be addressed as part of a code update. A copy of this is attached where the yellow highlighted sections are those needing to be looked at further. Ultimately, the City will have to come with new non-content based regulations. These will include size, material, time, number, and location requirements by zoning district or other identifying characteristic. This topic will be introduced to the Board in more detail at the meeting. May 15, 2018 Community Development Board Agenda Packet Page 27 of 41 Chapter 17 - SIGNS AND ADVERTISING STRUCTURES [1] ARTICLE I. - IN GENERAL Sec. 17-1. - Intent. The city commission recognizes that there are various persons and entities that have an interest in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinions. The commission is also responsible for furthering the city's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrians and vehicles; where signs do not adversely impact the predominantly residential character of the city and where signs do not conflict with the natural and scenic qualities of the city. It is the intent of the commission that the regulations contained in this chapter shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible to the residential scale and character of the city, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from rights-of-way and adjacent properties; the surrounding natural coastal environment and residential neighborhoods. Sec. 17-2. - Definitions and references to other chapters within this Code. For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where appropriate, definitions contained within other chapters of this Code, including chapter 6, building and building regulations, and chapter 24, zoning, subdivision and land development regulations, shall also apply to this chapter. Advertising message: The letters and graphics on a sign intended to directly or indirectly promote the sale of a product, service, commodity, entertainment or real or personal property. This definition shall also be deemed to include political copy intended to directly or indirectly promote a candidate or issue. "Advertising message" shall not include signs or portions of signs that are defined as a public sign. Animated sign: Any sign or part of a sign, including the advertising message, which changes physical position by any means of movement. Automatic changeable message device: Any sign, which through a mechanical, electrical, solar, or other power source is capable of delivering messages, which rotate or appear to rotate, change or move at any time and in any way, including tri-vision or any multi-prism sign faces. Awning sign: (See also Marquee sign. ) A sign painted onto or adhered to a marquee or awning type structure constructed of an open frame covered by fabric, vinyl, plastic, metal, or similar material. Awning sign shall include canopy sign. Banner sign: A temporary sign made of lightweight fabric or similar material intended to promote special seasonal, civic or community events. Bracket sign: Any single or double-faced sign mounted on brackets, poles or beams projecting at angles from the front or side of any building and supported solely by such brackets, poles or beams. Building sign: Any sign that provides the name or address of a building, as opposed to the name of the occupants or services located within that building. Canopy sign: See Awning sign. Development parcel: For the purposes of this chapter, a development parcel shall be a parcel of land, a lot or a combination of lots upon which uses regulated by these sign provisions are located. This May 15, 2018 Community Development Board Agenda Packet Page 28 of 41 definition may include a single use or business, or a collection of uses or businesses developed in a unified manner. Directional sign: Any sign that solely serves to designate the location of, or provides direction to, any place or area. Signs, which contain logos, or graphics commonly associated with a service or business shall be included in the signs allowed for that site or business. Double-faced sign: A sign with two (2) sides that are usually but not necessarily parallel. Exempt signs: Signs as set forth within section 17-26 of this chapter, which are exempt from certain requirements of this chapter. Fascia sign: Any sign attached to or installed against a wall of a building. "Fascia sign" includes wall signs, and cabinet and panel type signs, and signs located on the fascia of a roof, or affixed to a roof plane, provided such sign does not extend above the height of the roof. Flag: A piece of cloth or similar material having a distinctive size, color, and design used as a symbol, standard, signal and other similar items of recognition and may include insignias of governmental, religious, charitable, fraternal or other organizations. Any flag and pole or attachment that frequently holds a flag shall be deemed a permanent flag. Flashing sign: Any sign which uses an external or internal intermittent light source, which results in changing light intensity (including on-off-on), brightness or color, or which is constructed and operated so as to create an appearance of illusion of motion or creates movement by any means. Freestanding sign: Any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign. Ground sign: See Freestanding sign. Height of sign: The vertical distance measured from the lowest grade adjacent to the sign extending to the topmost portion of the sign structure, including any frame, embellishment or other type of upward extension from the sign. Marquee sign: Any sign adhered or attached to a permanent roof-like structure, including awnings and canopies projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building wall and generally designed and constructed to provide protection against the weather. Marquee signs shall include all signs placed upon any type of marquee, canopy, awning, or similar structure. Monument sign: A type of freestanding sign placed upon the ground independent of support from the face of a building that generally has greater width than height and typically constructed of a solid material such as wood, masonry or high-density urethane. Non-conforming sign: Any sign, which was lawfully erected with properly issued sign permits, but which does not comply with the land use, setback, height, size, spacing, and lighting or other provisions of these regulations or other laws, as may be amended. Obscene sign: Any sign containing statements, words, pictures or symbols of an obscene nature. The word obscene shall be as defined in F.S. 847.001, as may be amended from time to time. Pennants: Any small, single flag-like piece of cloth, plastic or paper attached to any staff, cord, building, or other structure at only one (1) or two (2) edges, the remaining hanging loosely; lacking the insignia of a flag. Personal expression sign: Any sign containing a message of non-commercial opinion or endorsement and not containing a commercial advertising message. Pole sign: See Freestanding sign. Political campaign sign: Any temporary sign, as may be authorized under this chapter, erected or displayed for the purpose of advertising a qualified candidate on any primary, general, or special election ballot within the City of Atlantic Beach. May 15, 2018 Community Development Board Agenda Packet Page 29 of 41 Portable sign: A sign that may be mobile and has no permanent attachment to a building or to the ground by means of a footing, including signs with wheels designed to be pulled or towed on a trailer or similar towing device. Projecting sign: See Bracket sign. Public sign: Any sign placed and maintained by the City of Atlantic Beach, Duval County, the State of Florida, the United States Government, a public utility, school district, or other duly authorized public agency. Public signs may be placed in locations as determined necessary and appropriate by the public agency and shall include public information signs, public identification signs, public directional signs, banner signs, and street name signs installed by a public agency, traffic control signs, warning signs and similar signs. Pylon sign: See Freestanding sign. Roof sign: Any sign attached to a building or the roof structure of a building by any means, which extends above the height of the roof or roof plane. Sign: Any identification, description, illustration, or device illuminated or non-illuminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, placed, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, flag, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. Sign display area: The sign display area shall be defined as the area enclosed within any geometric figure, which would enclose all parts of the advertising message of the sign. The structural supports for a sign, whether they are columns, pylons, or a building or part thereof, shall not be included in the sign display area. Sign face area: The part of the sign, including all frame, trim and background, which contains the sign display area, advertising message or informative contents. Sign permit: A development permit authorizing erection, placement or installation of a sign as permitted by this chapter in accordance with the requirements of article V of this chapter. Sign structure: Any structure that supports, has supported, or is capable of supporting a sign, including decorative covers and embellishments. Snipe sign: Any sign of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or attached in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may or may not be applicable to the present use of the property upon which such sign is located. Vehicle sign: Any sign placed within, upon or affixed to a motorized vehicle, other than a registered logo, trademark or service mark that is attached to a motorized vehicle. Vehicle signs shall not include political campaign signs, personal expression signs, bumper stickers, decorative decals and the like, provided these are otherwise in compliance with the provisions of this chapter. Wall sign: See Fascia sign. Width of sign: The horizontal distance measured from one (1) edge of the sign structure extending to the opposite edge of the sign structure, including any frame, embellishment or other type of extension from the sign. Window sign: Any sign placed inside a window of a building, facing the outside and which is intended to be seen from the exterior. Window signs shall be included in the signs allowed for that site, activity or business. Secs. 17-3—17-25. - Reserved. May 15, 2018 Community Development Board Agenda Packet Page 30 of 41 ARTICLE II. - SIGNS PERMITTED Sec. 17-26. - Exempt signs. (a) Within all non-residential zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: (1) Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (2) Lettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, with letters not exceeding three (3) inches in height and limited to a maximum area of two (2) square feet. (3) Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior. (4) Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into any masonry surface or when constructed of bronze or other similar noncombustible material. (5) Professional nameplates for physicians, surgeons, dentists, musicians, lawyers, architects, teachers and other like professional persons placed on the premises occupied by the person(s), not exceeding one (1) square foot in sign face area, provided such professional has a valid occupational license as may be required for the particular profession to operate on those premises. (6) Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three (3) square feet in sign face area, provided such occupant has a valid occupational license as may be required to operate on those premises. (7) Signs depicting only time and temperature. (b) Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: (1) Not more than one (1) real estate sign advertising the sale, rental or lease of only the premises on which the sign is located. Such signs shall not exceed six (6) square feet in area, and five (5) feet in height. Signs advertising the sale, rental or lease of property exceeding this size and height shall not be considered as exempt signs and shall be subject to the provisions of section 17-29(d). (2) Signs noting the architect, engineer or contractor for a development project when placed upon work under construction, provided the sign shall be removed within fifteen (15) days of completion of construction. Such signs shall not exceed six (6) square feet in size or eight (8) feet in height. (3) Signs as required by law to display building permits or other similar required public notices. (4) Public signs, banner signs, traffic signs, street name signs, legal notices, danger signs and temporary emergency, informational or non-advertising signs, when erected by city, county, state or federal authorities. (5) No trespassing and private property signs not exceeding two (2) square feet in area. Such signs shall not be displayed from or attached to trees, utility poles or any type of utility structure or equipment, including lift stations, fire hydrants and the like. (6) Vacancy or no vacancy signs not exceeding two (2) square feet in area. May 15, 2018 Community Development Board Agenda Packet Page 31 of 41 (7) Temporary political campaign signs announcing the candidacy of a qualified candidate for public office not exceeding four (4) square feet in area may be placed wholly within the boundaries of any property, at the discretion or consent of the legal owner and/or occupant of the property, provided such signs conform with all traffic, electrical, maintenance, fire and safety regulations of the city. The placing of political campaign signs on city property, other public property or on public rights- of-way shall be prohibited. Political campaign signs displayed within motor vehicles conducting routine business activities on city or other public property shall not be prohibited, provided that no such vehicle shall be parked on city property, other public property or on public rights-of-way for the sole purpose of displaying political campaign signs. Illegally placed political campaign signs shall be removed by the code enforcement officer without notice to the candidate or abutting property owner or occupant. Political campaign signs shall not be placed on property prior to qualification of the candidate to run for office, and all such signs shall be removed within seventy-two (72) hours after the last election. If such signs are not removed within this period of time, the city may remove such signs and may charge the candidate the actual cost for such removal. Collected funds shall be deposited into the city general revenue. Failure to remove signs is a violation of this Code and is enforceable pursuant to F.S. Chapter 162, Code Enforcement. (8) Personal expression signs limited to one (1) per lot or parcel, or in the case of multi-family uses, one (1) per dwelling unit, expressing personal views or opinions not exceeding four (4) square feet in area, providing such signs are otherwise in compliance with applicable local, state and federal laws. (9) Religious symbols. (10) Garage sale signs or open house signs within residential zoning districts, not exceeding four (4) square feet in size, limited to two (2) per site and located only at the location of such event. Such signs may be displayed one (1) day before the garage sale or open house and shall be removed immediately after conclusion of the event. No garage sale sign or open house sign may be erected upon any public right-of-way. (11) Signs placed within interior courtyards, the inside fence line of recreational fields and on golf courses, provided such signs are visible only to those persons visiting such place and are otherwise in compliance with this chapter. (12) Address and street number signs not exceeding two (2) square feet. (13) Holiday and seasonal decorations shall not be construed as signs, providing that these contain no commercial advertising message. (14) Not more than two (2) flags per development parcel, but if there are two (2) flags, then one (1) must be the flag of the United States of America. A development parcel with more than one (1) principal structure may have two (2) flags for each principal structure with more than five thousand (5,000) square feet of fully enclosed floor area. Each flag shall not exceed twenty-four (24) square feet in area; however, this size limitation shall not apply to United States of America flags at public buildings and parks. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 2, 3-25-13) Sec. 17-27. - General provisions applying to all permitted signs. All signs shall be subject to the following general provisions. (1) No sign shall be installed, erected or placed prior to issuance of a sign permit as required by article VI of this chapter, except for exempt signs as set forth in section 17-26. Signs shall be May 15, 2018 Community Development Board Agenda Packet Page 32 of 41 located only on property where the sign serves to provide an advertising message for that property. (2) All signs shall be engineered and constructed as required by these regulations and the Florida Building Code. Signs shall be professionally designed, lettered and constructed. (3) Signs constructed for the purpose of displaying an advertising message shall be constructed of materials suitable to withstand weather related deterioration and shall not be constructed of plywood, cardboard, paper or other such materials, which deteriorate quickly when exposed to normal weather conditions. (4) No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks. (5) No sign shall be attached to or placed against a building in any manner which impedes or blocks ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. (6) No sign shall be erected near the intersection of any street in such a manner so as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of any word or words commonly used on traffic-control signs or signals. (7) Where the rear of any sign structure is visible from any street or from any adjoining residential zoning district, all exposed structural and electrical components of any such sign shall be concealed in a manner as approved by the city manager. (8) Fascia or wall signs, shall be mounted directly upon the surface of the building, and shall not be mounted upon exposed raceways, or other type of protrusions from the surface of the building. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03) Sec. 17-28. - Signs permitted within residential zoning districts. (a) Except for exempt signs as provided for in section 17-26, signs within residential zoning districts, shall be limited to those as set forth below. (1) For single-family and two-family residential subdivisions and developments containing ten (10) or more residential lots, where individual lots are accessed from a common internal roadway, one (1) sign identifying the name of the subdivision shall be allowed at each entrance from a collector or arterial street, not to exceed two (2) signs. a. Size permitted: Thirty-two (32) square feet of sign face area. b. Maximum height of sign: Eight (8) feet. c. Type allowed: Freestanding ground or monument style. Where more than one (1) sign is allowed, each such sign erected shall be constructed and designed in the same manner. d. Illumination: These signs shall be externally illuminated with ground mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street or residential lot. (2) For multi-family residential uses, one (1) sign identifying the name of the multi-family development shall be allowed at each entrance not to exceed two (2) signs. Internal directional signs and signs identifying buildings shall also be allowed limited to three (3) feet in height and eight (8) square feet in sign face area. a. Size permitted: Sixty (60) square feet of sign face area. b. Maximum height of sign: Eight (8) feet. May 15, 2018 Community Development Board Agenda Packet Page 33 of 41 c. Type allowed: Freestanding ground or monument style. Where more than one (1) sign is allowed, each such sign erected shall be constructed and designed in the same manner. d. Illumination: These signs shall be externally illuminated with ground mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street, vehicular drive or residential unit. (b) Signs, as set forth with above paragraph (a), that are located within public or dedicated rights-of-way shall be approved by the city commission. Such signs may be approved at the time of final plat approval as set forth by section 24-202 of this Code, or alternatively, such signs may be approved upon specific application to the commission. Approval of the city commission shall be required prior to the issuance of a sign permit. Such signs shall complement and conform to the "WELCOME TO ATLANTIC BEACH" signs in features including lettering, color, composition, structural materials, finished surface, and shall be constructed of wood or similar material giving the finished appearance of carved or sandblasted wood, as described within section 17-32. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-29. - Signs permitted within commercial and industrial zoning districts. Subject to the provisions as set forth within this section, the following signs shall be permitted within commercial professional office (CPO), commercial limited (CL), commercial general (CG), central business district (CBD), and industrial, light and warehousing (ILW) zoning districts. Except as specifically exempted in section 17-26, and further subject to issuance of a sign permit, no other signs or advertising device shall be displayed or erected within the city. (a) Fascia signs. (1) Fascia signs for buildings with a single business or occupant. a. Size permitted: One (1) square foot of sign face area for each linear foot of the building width that faces the street frontage, provided that the total signage shall not exceed two hundred (200) square feet of sign face area, including buildings on corner lots. (For example, if the width of the building facing the front of the lot is fifty (50) feet, the maximum total sign face area for all fascia signs is fifty (50) square feet.) If the building is on a corner lot, then the widths of the building facades facing multiple street frontages can be added together to determine the total signage area, but in no cases shall the total fascia signage exceed two hundred (200) square feet, nor shall an individual sign exceed the square footage corresponding to the linear width of the building side on which that sign is posted. In no case, shall any individual sign as described above, exceed one hundred (100) square feet in sign display area except for buildings that face the front lot line, as defined in this Code, by a distance of more than one hundred (100) linear feet, which may have an individual sign display area up to a maximum of two hundred (200) square feet depending on the amount of building frontage. (2) Number of fascia signs permitted: Not more than three (3) fascia signs shall be allowed on any one (1) side of the building. Where fascia signs are placed upon more than one (1) side of the building, the combined sign face area shall not exceed the amount permitted by subsection (a)(1)a. above. [(3)] Fascia signs for buildings with multiple businesses or occupants. a. Size permitted: One (1) square foot of sign face area for each linear foot of the unit(s) occupied by one (1) business or occupant, provided that the total signage shall not exceed two hundred (200) square feet for any one (1) business. If the business or occupant is on the corner, then the widths of the unit(s) occupied by the business or occupant that are facing multiple street frontages can be added together to determine the total signage area, but in no case shall the total signage for particular business or May 15, 2018 Community Development Board Agenda Packet Page 34 of 41 occupant exceed two hundred (200) square feet, nor shall any individual sign exceed the square footage corresponding to the linear building footage. (For example, if the width of a unit or several units, occupied by one (1) business is twenty-four (24) feet, then one (1) sign, a maximum of twenty-four (24) square feet of sign face area is permitted.) In no case, shall any individual sign as described above, exceed one hundred (100) square feet in sign area except for buildings that face the front lot line, as defined in this Code, by a distance of more than one hundred (100) linear feet, which may have an individual sign display area up to a maximum of two hundred (200) square feet depending on the amount of building frontage. b. Required spacing between signs on buildings: Fascia signs shall be separated by a minimum distance of seventy-two (72) inches. (b) Bracket or marquee signs. In lieu of the above described fascia signs, a business or permitted use may install a single bracket sign or marquee sign in accordance with the following provisions: (1) Size permitted: The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than sixty (60) square feet of projected sign face area. a. There shall be no more than twelve (12) inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten (10) feet. b. No portion of such sign shall extend above the height of the roof. c. No portion of such sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, and no closer than five (5) feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. (2) Within the central business district only. In addition to other permitted signs, uses limited only to retail establishments, restaurants, cafes and coffee shops, may install a single bracket sign extending above a public sidewalk or pedestrian walkway. The purpose of this provision is to provide appropriate and consistent signage for the unique pedestrian environment of the town center area. Such signs shall be located only in accordance with the following provisions and upon issuance of a sign permit: a. May be located only above first floor entryways or first floor windows with no portion of the sign display area exceeding ten (10) feet above the established grade of the adjoining sidewalk or walkway; b. Shall provide minimum vertical clearance of eight (8) feet above the sidewalk or walkway; c. Shall provide minimum clearance of six (6) inches from the building facade; d. Shall be separated from any other such sign by a minimum of twenty (20) feet; e. Shall not exceed three (3) feet in horizontal width and two (2) feet in vertical depth; f. Shall give the appearance of traditional wood routed or sandblasted signs. Materials such as high density urethane (HDU) and recycled high density polyethylene (HDPE) plastics, which give a similar appearance, shall be acceptable substitutes; g. Shall be externally illuminated only and shall contain no electrical components; and h. Shall create no safety hazard or obstruction to the public's use of the sidewalk or walkway as determined by the director of public safety. (c) Freestanding signs. In addition to the above signs, freestanding signs may be permitted as set forth below: May 15, 2018 Community Development Board Agenda Packet Page 35 of 41 (1) Size permitted: One (1) square foot of sign display area for each linear foot of frontages of the development parcel on which the sign(s) are placed, provided no such sign shall exceed ninety-six (96) square feet of sign display area, or eight (8) feet in height and twelve (12) feet in width, except as provided in subsection (c)(2)b. below. (2) Number of freestanding signs permitted: a. Development parcels with street frontage shall be permitted one (1) freestanding sign for each one hundred (100) feet of linear street frontage, up to a maximum of three (3) freestanding signs. b. Development parcels with street frontage upon more than one (1) street, shall be permitted one (1) additional freestanding sign on each street side of the development parcel. c. Required distance from property lines: No portion of any freestanding sign shall be located closer to the property line than five (5) feet. Additional distance from property lines may be required if determined necessary by the director of public works, to maintain clear vehicular and pedestrian sight distance. Freestanding signs shall not be located so as to interfere with clear vehicular or pedestrian sight distance. Further, signs determined by the director of public safety to interfere with safe sight distance for pedestrians or vehicles shall be immediately removed. (3) Within commercial general (CG) and commercial limited (CL) zoning districts only. Alternatively, on development parcels with street frontage of three hundred (300) linear feet or more shall be permitted one (1) freestanding sign not to exceed ten (10) feet in height and one hundred twenty (120) feet in sign display area. The required distance from any property lines for such freestanding sign shall be a minimum of ten (10) feet. Additional distance from property lines may be required if determined necessary by the director of public safety, to maintain clear vehicular and pedestrian sight distance . (d) Requirement for a unified sign plan. After the initial effective date of these regulations, all new nonresidential development, which shall contain space or units for more than one (1) business or occupant, shall provide a unified sign plan with the application for building permits. All subsequent applications for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with respect to the following: (1) Manner and type of construction, including materials to be used, installation method and mounting details. (2) Means of illumination, if any, and hours of illumination. (3) Size, color, lettering, and graphics style. (e) Pre-development signs. Signs for the purpose of announcing a coming development project may be placed within commercial and industrial zoning districts subject to the following provisions: (1) Issuance of a sign permit shall be required, and no such sign shall remain on any development parcel for a period of time exceeding one (1) year from the issuance date of the sign permit. (2) Complete and proper applications for building permits for the related development project must be submitted within sixty (60) days of the placement of any such sign, or the sign shall be removed. In the case that the sign is not removed, the sign shall be considered an abandoned sign, subject to the provisions of subsection 17-41(c). (3) Such sign shall be removed within thirty (30) days of the issuance of any certificate of occupancy, or at any time when construction ceases for a period of time longer than thirty (30) days. In the case that the sign is not removed within these periods of time, the sign shall be considered as abandoned, subject to the provisions of subsection 17-41(c). May 15, 2018 Community Development Board Agenda Packet Page 36 of 41 (4) Only one (1) such sign shall be placed upon the development parcel and shall not exceed the height or size permitted by preceding paragraph (a). (f) Requirement to display street number. All business and activities regulated by the requirements of section 17-29 shall display the street number in a manner that is prominent and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03; Ord. No. 60-04-15, § 2, 1-10-05; Ord. No. 60-12-17, § 1(Exh. A), 1-9-12) Sec. 17-30. - Signs within special purpose (SP) and planned unit development (PUD) zoning districts. The size, height, width and number of signs permitted within special purpose districts and planned unit development districts shall be established within the ordinance creating such district as determined by the city commission to be appropriate for the nature and character of the use within these districts. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-31. - Signs within conservation (CON) zoning districts. As set forth by section 24-103(b) of this Code, all uses in the conservation districts shall require approval as a use-by-exception. The size, height, width and number of signs permitted within conservation districts shall be established during the use-by-exception process in accordance with the provisions of section 24-63. Signs within conservation districts shall not adversely impact the environmentally sensitive qualities of these areas, shall be non-illuminated, shall contain no electrical components and shall be constructed of wood, brick, masonry, high-density urethane or similar material, which is consistent with the natural surroundings of these districts. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-32. - Signs placed on public buildings and structures and within public parks. All signs displayed within City of Atlantic Beach parks and upon the exterior of any public building or structure shall conform with design of the "WELCOME TO ATLANTIC BEACH" signs displayed on such properties as of the effective date of this chapter, or as such design may be later modified by city commission. Such signs shall display the City of Atlantic Beach logo, as depicted in Figure 1, and shall be similar in appearance with respect to color, lettering, composition, and materials used for construction. Materials used shall be wood, high-density urethane, or similar material, which may be given a May 15, 2018 Community Development Board Agenda Packet Page 37 of 41 sandblasted-type finished surface. Public notice, parking and traffic signs shall be exempt from this provision. Figure 1—City of Atlantic Beach Logo (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-33. - Banner signs. (a) The purpose of banner signs shall be to promote special seasonal, civic or community events that occur on a temporary basis. A sign permit shall not be required for banner signs; however, all banner signs shall be registered with City of Atlantic Beach. No banner sign shall be hung, placed or erected prior to registration on a form as provided by the planning and zoning department, and payment of fees as may be established by the city commission. (b) Banner signs may be displayed subject to registration verifying compliance with the following provisions: (1) Display of banner signs for any event shall be limited to thirty (30) consecutive or cumulative days within one (1) calendar year. (2) Banner signs shall be limited in size to a maximum of sixty (60) square feet in size. (3) Banner signs shall not contain an advertising message. (4) Banner signs shall not hang over or extend into rights-of-way. (5) Banner signs shall be securely anchored to buildings, poles or suitable structural supports and shall not be attached to trees, public buildings or structures, utility poles or any type of utility structure or equipment, including lift stations, fire hydrants and the like. (6) Property owner's authorization to install and display such banner sign. (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-34—17-40. - Reserved. ARTICLE III. - CAUSE FOR REMOVAL OF SIGNS, ABANDONED SIGNS AND PROHIBITED SIGNS May 15, 2018 Community Development Board Agenda Packet Page 38 of 41 Sec. 17-41. - Removal of unsafe, damaged or poorly maintained, and abandoned signs. (a) Unsafe signs. In the event that any sign, including an exempt sign, is determined by the building official to be unsafe, such sign shall be immediately removed upon written notice from the building official ordering removal. Such notice shall be sent by certified mail to the property owner of record. If not removed within ten (10) days, the sign shall be considered a hazard to public safety and shall be removed at the property owner's expense. (b) Damaged signs and poorly maintained signs. All signs, including exempt signs, shall be kept in a structurally sound condition, with a neat appearance and in a generally good state of repair. Further, signs shall be maintained in accordance with Section 3108.1.7, Florida Building Code, which requires that all signs for which a permit is required, together with supports, braces, guys, and anchors shall be kept in repair and, unless of galvanized or non-corroding metal, shall be painted at least once every two (2) years. Any sign destroyed or damaged beyond reasonable repair in the determination of the building official, shall be immediately repaired or removed at the property owner or occupant's expense. A new sign permit shall be required for any replacement sign. If not repaired or replaced within thirty (30) days after written notice from the building official, the sign shall constitute a public nuisance and shall be removed at the property owner's expense. (c) Abandoned signs. Signs shall be removed by the owner or occupant within (30) thirty days of cessation of the business or activity conducted on the property where the sign is located. A business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner's expense. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-42. - Prohibited signs and devices. The following signs and devices shall be prohibited within the City of Atlantic Beach. In the case of any conflict with other provisions of this Code, the prohibitions set forth below shall supersede such other conflicting provisions. (1) Animated signs. (2) Automatic changeable message device signs, except for signs depicting time and temperature. (3) Flashing signs. (4) Signs containing beacon or tracker lights or similar lighting components. (5) Signs containing fluorescent colors or materials designed to be mirror-like or reflective. (6) Obscene signs. (7) Roof signs. (8) Snipe signs. (9) Portable and mobile signs. (10) Temporary signs, except as otherwise authorized herein. (11) Pennants, ribbons, balloons, streamers, wind-operated devices and similar elements that are intended to draw attention to a business or activity, either when used alone or incorporated into a sign. (12) Vehicle signs. (Bumper stickers, decorative decals and the like, customary and registered logos, trademarks or service marks that are attached to a motorized vehicle shall not be considered as vehicle signs; however, such vehicles shall not be parked off of the property from where a May 15, 2018 Community Development Board Agenda Packet Page 39 of 41 business is located or in the required front yard of any property for the sole purpose of advertising.) (13) Private signs on any public property, other than as specifically approved by the city commission. (14) All signs prohibited by Chapter 479.11, Florida Statutes. (15) Signs not in compliance with all applicable provisions of this chapter and this Code. (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-43—17-50. - Reserved. ARTICLE IV. - NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS Sec. 17-51. - 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 17-29, 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 17-29, 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: a. Any change to the structural supports or structural materials, including temporary relocation associated with routine maintenance of a property. b. Any change which increases the illumination. c. Any change which increases the height of a sign. d. Any change, which alters the material used for the display area or face area by more than twenty-five (25) percent. e. Any replacement required as the result of an accidental act or a weather-related act. f. Any replacement of an abandoned sign. g. 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 17-33. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-13, § 2, 3-24-03; Ord. No. 60-11-16, § 1, 10-10- 11; Ord. No. 60-14-19, § 1, 11-24-14; Ord. No. 60-15-20, § 1, 6-8-15) May 15, 2018 Community Development Board Agenda Packet Page 40 of 41 Sec. 17-52. - 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. (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-53—17-60. - Reserved. ARTICLE V. - SIGN PERMITS Sec. 17-61. - Permit required. It shall be unlawful for any person to install, erect, place, alter or relocate any sign without first obtaining a sign permit with payment of the required fee to the city. Sign permits shall be required for any sign requiring a permit under the provisions of Section 3108.1.3, Florida Building Code. A sign permit shall not be issued prior to issuance of the appropriate occupational license as required for the activity on the property for which the sign permit is sought, except as set forth in section 17-29(c) of this chapter. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-62. - Application. Before a sign permit shall be issued, a design and stress diagram containing necessary information to enable the building official to determine compliance with the provisions of Section 3108 of the Florida Building Code shall be submitted. Such information shall be included as part of the sign permit application and shall be submitted to the City of Atlantic Beach Building Department using a sign permit application as provided by the city. The application for sign permit shall contain or have attached thereto the following information: (1) The name, mailing address and telephone number of the applicant. (2) If applicable, a copy of a valid and current occupational license for the property where the sign shall be placed. (3) In the case that the applicant is not the property owner, an owner's authorization to apply for a sign permit. (4) A survey depicting the location of the requested sign(s) and the location of all structures and access points on the property. An elevation drawing, with dimensions, depicting the size, height, location and relation to other existing signs. Plans shall be drawn at a legible scale, depicting materials to be used, method of construction, attachment or installation as appropriate and type of illumination, if any. (5) The name and contractor information of the person erecting or installing the sign. (6) An electrical permit, if required. (7) Registered engineer's drawings as may be required by Section 3108, Florida Building Code. (8) Such additional information as may be required by the building official to determine compliance with this chapter, any other applicable laws and ordinances of the City of Atlantic Beach and the requirements of Section 3108, Florida Building Code. May 15, 2018 Community Development Board Agenda Packet Page 41 of 41 (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-63. - Calculation of permitted sign size. Sign face area, sign display area, width of sign and height of sign shall be calculated as defined within article I of this chapter. In the case of freestanding, fascia and projecting signs, the sign face area shall be used in calculating the permitted size of sign. In the case of marquee, canopy or awning signs, the sign display area shall be used in calculating the permitted size of the sign. When computing sign face area and sign display area, only one (1) side of a sign containing two (2) sides shall be included in the calculation of the permitted sign size. (Ord. No. 60-02-12, § 2, 9-9-02) Sec. 17-64. - Fees. Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits and required fees shall also be required for signs with electrical components.) (1) Thirty-two (32) square feet or less of sign display area or sign face area, as appropriate: Thirty dollars ($30.00). (2) Larger than thirty-two (32) square feet: An additional ten dollars ($10.00) for each square foot exceeding thirty-two (32) square feet of sign display area or sign face area, as appropriate. (3) Freestanding signs constructed in accordance with the provisions of section 24-171(d), commercial corridor development standards: Freestanding signs constructed of a solid material such as wood, masonry or high-density urethane, and externally-illuminated in a manner that washes the sign in indirect light from a fluorescent ground source shall be entitled to a fifty (50) percent reduction in sign permit fees. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)