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.
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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
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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.
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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;
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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)