Exh 7A- AGENDA ITEM 7A
JiJLY 14, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Public hearing and final reading to enact amendments to Chapter I7
of the City Code, Signs and Advertising Structures
SUBMITTED BY: Sonya Doerr, AICP d,~
Community Development Director
DATE: June 24, 2003
BACKGROUND: Attached are final revisions to the Sign regulations pursuant to direction of
the Commission at the June 23, 2003 meeting.
RECOMMENDATION: Approval of Ordinance 60-03-14 upon fmal reading.
BUDGET: None.
ATTACHMENTS: Ordinance 60-03-14, amending the ign regulations.
REVIEWED BY CITY MANAGER:
July 14, 2003 regular meeting
AGENDA ITEM 7A
JULY 14, 2003
CITY OF ATLANTIC BEACH, FLORIDA
ORDINANCE NUMBER: 60-03-14
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADOPTING ORDINANCE NUMBER 60-03-14, AMENDING CHAPTER 17
OF THE CODE OF ORDINANCES, .WHICH REGULATES SIGNS AND
ADVERTISING STRUCTURES WITHIN THE CITY OF ATLANTIC
BEACH.. SAID ORDINANCE SHALL AMEND SECTION 17-4,
GENERAL PROVISIONS APPLYING TO ALL PERMITTED SIGNS;
SECTION .17-6, SIGNS PERMITTED WITHIN COMMERCIAL AND
INDUSTRIAL ZONING DISTRICTS; AND SECTION 17-34, FEES,. AND
SHALL DELETE SECTION 17-15, REQUESTS TO WAIVE CERTAIN
TERMS OF THIS CHAPTER. AMENDMENTS SHALL BE ADOPTED
BY REFERENCE AS CHAPTER 17 OF THE CODE OF ORDINANCES
AS PREVIOUSLY ADOPTED THROUGH ORDINANCE NUMBER 60-03-
13. THIS ORDINANCE ALSO PROVIDES FOR FINDINGS. OF FACT,
SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES OR
PORTIONS THEREOF, AND PROVIDES FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida, (hereinafter
the "Commission") hereby fmds that there aze various persons and entities that have an interest
in communicating with the public through the use of Signs and Advertising Structures. 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 and do not impair the safety of vehiculaz traffic and pedestrians, and
WHEREAS,. it is the intent of the Commission that the regulations contained in this
Chapter shall provide uniform Sign criteria, which shall place the fewest possible restrictions on
personal liberties, property rights, 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 right-of-ways and .adjacent
properties and the surrounding natural environment,-and
WHEREAS, these regulations shall also: (a) protect the natural environment and its
resources; (b) protect and preserve the quality of life and the predominantly residential.chazacter
of the City of Atlantic Beach; (b) implement the Comprehensive Plan for the City of Atlantic
Beach, and {d) preserve Constitutionally protected rights, and
WHEREAS, these regulations set forth herein provide for orderly growth; protect and
conserve the value of property; promote, protect and improve the health, safety, ,comfort, good
order, appeazance, convenience, and general welfaze of the public and serve to accomplish and
implement the goals and objectives of the. Comprehensive Plan, and
Page 1 of 3
Oidinance Nnmher (~(1_(12_ld
AGENDA ITEM 7A
JULY 14, 2003
WHEREAS, after required notice was published, public hearings were held on the 23rd
day of June, 2003 at 7:15 p.m. and on the 14th day of July, 2003 at 7:15 p.m. to heaz and enact
said amendments to Chapter 17 of the Code of Ordinances for the City of Atlantic Beach.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above recitals aze hereby incorporated herein as Findings of Fact in
support of this Ordinance and these Regulations.
SECTION 2. The attached Exhibit A, Signs and Advertising Structures (hereinafter
"Sign Regulations"), which contains the referenced amendments; is hereby incorporated as
Chapter 17 of the City of Atlantic Beach Code of Ordinances, and enacted by reference.
SECTION 3. City of Atlantic Beach, Signs and Advertising Structures, as adopted.
within Chapter 17 of the City of Atlantic Beach Code of Ordinances through Ordinance Nimmber
60-03-13, as may have been amended from time to time, aze hereby repealed, provided that
certain, Signs and Advertising Structures, if qualified, may have vested rights to continue or be
completed under the terms of this repealed ordinance or provisions therein.
SECTION 4. Any violation occurring before the effective .date of these Sign
Regulations shat] not,be deemed voided by the enactment of this Ordinance.
SECTION 5. All provisions of any City of Atlanfic Beach ordinance, resolu$on,
regulation or policy in express conflict with these Sign Regulations are hereby repealed to the
extent of such conflict. ,
SECTION 6. Other regulations and .ordinances which may regulate the use and
development of Land, such as but not limited to utility, streets and roadways, vegetation, impact
fee ordinances,. and ordinances incorporating Florida Building Codes, and other such technical
codes, remain in effect and aze not replaced by these; Sign Regulations.
SECTION 7. In the case that any section, subsection, paragraph, phrase or sentence of
this Ordinance or these Sign Regulations is for any reason held invalid or unconstitutional by any
Court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and
independent provision, and such holding shall not affect the validity and lawfulness of the
remaining portions of this Ordinance or these Sign Regulations..
SECTION 8. To the extent that they do not wnflict with the unique, specific and
detailed provisions of this Ordinance, all provisions. of the Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable all Signs and.
Advertising Structures, except to the degree that such may qualify for vested rights in accordance
with applicable ordinances and laws or provisions related to nonconforming.. Signs and
Advertising Structures as set forth herein. Furthermore, notwithstanding any provision of this
ordinance, no portion of any ordinance, building .code, Comprehensive Pfan or any other
regulation shall be deemed waived or varied by any provision herein.
Page 2 of 3
AGENDA ITEM 7A
JULY 14, 2003
SECTION 9. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
SECTION 10. This Ordinance shall become effective on the date passed and enacted by
final reading.
Passed upon first reading and. public hearing by the City Commission of the City of
Atlantic Beach 23rd day of June, 2003.. Passed on final. reading and public hearing. this
14th day of July, 2003.
JOHN S. MESERVE
Mayor/Presiding OfScer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN HING ~
City Clerk
Page 3 of 3
(l..i:...,....e Ai....,7.a cn n~ i ~
AGENDA ITEM 7A
JULY 14, 2003
EXHIBIT A
Chapter 17
SIGNS AND ADVERTISING STRUCTURES*
*Cross reference(s}-Buildings and Building Regulations, Ch. 6; Planning/Zoning/Appeals, Ch.
14; Occupational License for Advertising, § 20-59; Zoning, Subdivision and Land Development.
Regulations, Ch. 24.
*State law reference(s}-Authority to establish Sign ordinances, F.S. § 166.0425; outdoor
advertisers, F.S. Ch. 479; Florida Building Code, Section 3108.
ARTICLE L 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 busiaesscs 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 creafe excessive visual -
clutterand 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, frees 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
right-of--ways and adjacent properties; the surrounding natural coastal environment and residential
neighborhoods.
ARTICLE II. DEFINITIONS
Sec. 17-2. Definitions and references to other Chapters within this Code.
For purposes of this Chapter, the following teens 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.
1 as amended through Ordinance 60-03-14,
effective July 14.2003
AGENDA ITEM 7A
JULY 14, 2003
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 Siga.
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, elechical; 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 evegts.
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 pai~el of land,
a Lot or a combination of Lots upon which Uses regulated by these Sign provisions are located. This
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 Slgn: A Sign with two (2) sides that are usually but not necessarily parallel
Exempt Signs: Signs as set forth within Section 17-3 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 ofrecognition 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. This definition of Flag shall not include the Flag of the
United States of America.
2 as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JiJLY 14,2003
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 consh~ucted 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 upwazd
.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. Maquee Signs shall include all Signs placed upon any type of mazquee, canopy,
awning, or similaz strucuue.
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 orhigh-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 Section 847.001, F.S., as maybe 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 Struchrre 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 Messages
Pole Sign: See Freestanding Siga.
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, geneial, or special
election ballot within the City of Atlantic Beach
Portable Sign: A Sign that maybe 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 similaz towing device.
Projecting Sign: See Bracket Sign.
3 as amended duough Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
Public Sign: Any Sign placed and maintained by City of Atlantic Beach, Duval County, the State of
Florida, the United States Government, a public utility, School District, or other duly authorized pubic
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 Siga: 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,
place, activity, person, institution, or business thereof, including any permanently installed or situated.
merchandise; or any emblem, painting, banner, pennant, 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 wom, badges, and
similar personal gear. Sign shall also include all outdoor advertising displays as described within
Section 3108.1.1, Florida Building Code, and all Signs shall conform to the requirements of Section
3108 of the Florida Building Code,
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 Siga, 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 Section 3.108 of the Florida Building
.Code and Article VI of this Chapter.
Sign Structure: Any Structure that supports, has supported, or is capable of supporting a Sign,
including decorative wvers 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.
q as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
Width of Sign: The horizontal distance measured from one edge of the Sign Structuue 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.
ARTICLE III. SIGNS PERMITTED
Sec.17-26. Eaempt 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 Pemiit as set forth within
Article VI 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 ofprnviding 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 far 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 oa those premises.
(7) Signs depicting only time and temperature.
$ as amended tluough Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JI7LY 14, 2003
(b) Within all Zoning Districts, the following Signs shall be considered as permitted Signs and
shelf be exempt from the requirement to obtain a Sign Permit as set forth within Article VI 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) squaze feet in
azea, 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 17-6 (d).
(2) Signs noting the azchitect, 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 foot 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.
{ti) Vacancy or No Vacancy Signs not exceeding two (2) squaze foot in azea.
(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 right-of--ways shall be prohibited. Political Campaign Signs displayed within
motor vehicles conducting routine business activities on City or other public property
shall not beprohibited, provided that no such vehicle shall be parked on City property,
other public property or on public right-of--ways 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 aze 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 Chapter 162, F.S., Code
Enforcement.
6 as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
(8) Personal Expression Signs limited to one per Lot or pazcel, or in the case of multi-
. family uses, one 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, note
exceeding four (4) squaze 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 maybe 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 aze 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 notbe construed as Signs, providing that these
contain ao commercial Advertising Message.
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
17-3. Signs shall be 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 Cade. Signs shall be professionally designed, lettered and constructed.
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, cardboazd, paper or other such materials, which deteriorate
quickly when exposed to normal weather. conditions.
(3) No Sign shall create a traffic or fire hazazd, orbe dangerous to the general welfare or
interfere with the free use of public streets or sidewalks.
(4) 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 orbe attached to a fire escape.
(5) No Sign shall be erected neaz 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 confirsed 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.
as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
(6) Where the reaz of any Sign Structure is visible from any Street or from any adjoining
residential Zoning District, ail exposed structural and electrical components of any such
Sign shall be concealed in a manner as approved by the City Manager.
(7} 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.
Sec. i7-28. Signs permitted within Residential-Zoning Districts.
(a) Except for Exempt Signs as provided for in Section 17-3, 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 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.
i. Size permitted: Thirty-two (32) square feet of Sign Face Area.
ii. Maximum Height of Sign: _ Eight (8} feet.
iii. Type allowed: Freestanding Ground or Monument style.. Where more than.
one Sign is allowed, each such Sign erected shall be constructed and
designed in the same manner.
iv. 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 drrected towards any Street or residential Lot.
(2j For Multi-Family residential Uses, one. 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) squaze feet in Sign Face
Area
i. Size permitted: Sixty (60) square feet of Sign Face Area.
ii. Maximum Height of Sign: Eight (8) feet.
iii. Type allowed: Freestanding Ground or Monument style. Where more than
one Sign is allowed, each such .Sign erected shall be constructed and
designed in the same manner.
iv. 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
Right-of--ways shall be approved by the City Commission. Such Signs may be approved at the time of
Final Plat approval as set forth by Section 24202 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 Pemut. Such Signs shall complement and conform to the.
$ as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
"WELCOME TO ATLANI"IC BEACH" Signs in features including lettering, color, composition,
structural materials, finished surface, and shall be constructed of wood or similaz material giving the
finished appearance of carved or sandblasted wood, as described within Section 17-9.
Sec.17-29. Signs permitted within Commercial and Industrial Zoning Districts.
(a) Subject to the provisions as set forth within this Section, the following Signs shall be
pernitted within Commercial Professional Office (CPO),. Commercial Limited (CL), Commercial
General (CG), Central Business District (CDB) and Industrial, Light and Warehousing (ILW} Zoning
Districts. Except as specifically exempted in Section 17-3, and further subject to issuance of a Sign
Permit, no other Sign or advertising device shall be displayed or erected within the City of Atlantic
Beach.
(1) Fascia Signs for Buildings with a single business or occupant.
i. Size permitted: One (1) squaze foot of Sign Face Area for each linear foot of
the Building width that faces the front of the Lot, as defined Section 24-17
of.tlris Code, provided that no single Fascia Sign on any one side of a
Building shall exceed sixty (60). squaze feet of Sign Face Area. (For
example, if the width of the Building facing the fiont of the Lot is fifty (50)
feet wide, the maximum total Sign Face Area for all Fascia Signs is fifty
(50) squaze feet.).
ii. Number of Fascia Signs permitted: Not more than three (3) Fascia Signs
shall be allowed on any oae side of a Building. Where Fascia Signs are
placed upon more than one side of the Building, the combined Sign Face
Area, shall not exceed the amount permitted by subparagraph (1)i. above.
(2) Fascia Signs for Buildings with multiple businesses or occupants.
i. Size permitted: One (1) square foot of Sign Face Area for each linear foot of
the unit(s) occupied by one business or occupant, provided that no such
Fascia Sign shall exceed forty-eight (48) square feet of Sign Face Area for
any one business. (For example, if the width of a unit or several units,
occupied by one business istwenty-four feet, then one Sign, a maximum of
twenty-four square feet of Sign Face Area is germitted.)
ii. Required spacing between Signs on Buildings with multiple occupants.
Fascia Sigas for different occupants. shall be separated by a minimum
distance or thirty=six {36) inches.
(3) In lieu of the above-described Fascia Signs, a business or authorized Use may
install a single Bracket Sign or a single Marquee Sign in accordance with the
following provisions.
i. Size permitted: The maximum size of a Bracket Sign or a Mazquee 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.
9 as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JITLY 14, 2003
ii. There shall be not more than twelve (12) inches of clear space adjacent to
the Buildingwall, and such Signs shall not extend or project from the face of
the Building more than ten (10) feet.
iii. No portion of such Sign shall extend above. the height of the roof
iv. No portion of such Sign shall be closer than eight (8) feet to any sidewalk or
pedestrian walkway, and no closer than five (5j 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.
(4) Freestanding Signs. In addition to the above Signs, Freestanding Signs maybe
erected as set forth below:
i. Size Permitted: Freestanding Signs, including Pole, Pylon and Monument
and Ground type Signs shall be limited to one (1) square foot of Sign
.Display Area for each linear foot of frontage of the Development Pazcel on
which the Sign(s) are placed, provided no such Sign shall exceed ninety-six
(96) squaze feet of Sign Display Area.
ii. Permitted Height of Sign for Freestanding Signs. For the following Zoning
Districts, except as set forth in following paragraph iv.b, the maximum
Height of Signs shall be:
a. Commercial Professional Office (CPO): Eight (8) feet.
b. Commercial Limited (CL): Eight (8) feet.
o. Central Business District (CDB): Eight (8) feet. ~
d. Commercial General (CG): Eight {8) feet.
e. Industrial, Light and Warehousing (ILW): Eight (8) feet.
iii. Permitted Width of Freestanding Signs. The maximum Width of Signs in
any non-residential Zoning Districts shall be twelve (12 feet).'.
iv. Number of Freestanding Signs Permitted:
a. On a Development Parcel with frontage upon a Street, one
Freestanding Sign shall be permitted for each one hundred (100) feet
of lineaz Street frontage up to a maximum of three (3) Freestanding
Signs. Height of Sign for such multiple Signs shall not exceed eight
{8) feet and Sign Display Area shall not. exceed ninety-six (96)
square feet, or;
b. alternatively, within the Commercial General (CG) and Commercial
Limited (CL) Zoning Districts only, Development Parcels with
Street frontage of three hundred (300) lineaz feet or more shall be
permitted one Freestanding Sign with Height of Sign not W exceed
ten (10) feet and Sign Display Area not to exceed one hundred and
twenty (120} feet. The required distance from any property lines for
such Freestanding Sign shall be a minunum of ten (10} feet.
10 as amended through Ordinance 60-03-14,
effecrive July 14, 2003
AGENDA ITEM 7A
XUI.Y 14, 2003
Additional distance from property lines may be required, if in the
determination of the Director of Public Works, additional distance is
requited to maintain clear vehiculaz and pedestrian sight distance.
c. On a Development Parcel that has frontage upon more than one
Street, one additional Freestanding Sign shall be permitted on each.
street side of the Development Parcel. The Height of Sign for any
such secondary Sign shall not exceed eight (8) feet, and Sign Display
.Area shall not exceed ninety-six (96) square feet.
v. Required distance from property lines: No portion of any Freestanding Sign
shall be located closer to the property line than five (5) feet, except as may
be required pursuant to preceding pazagraph (4) (iv.) b. Freestanding Signs
shall not be located so as to interfere with clear vehiculaz or pedestrian sight
distance. Signs determined by the Director of Public Works to interfere with
safe sight distance for pedestrians or vehicles shall be immediately removed.
(b) Requirement for a Urrified Sign Plana-After the initial effective date of these regulations,
all new non-residential Development, which shall contain space or units for more than one business. or
occupant,- shall provide a Unified Sign Plan with the application Building Permits.. All subsequent
applications for Sign Permits shall comply with the approved Unified Sign Plan. The Unified Sign Plan
shall comply with the provisions of this Chapter and shall also demonstrate a consisfent theme and
design with respect to each of 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 graphic style.
(c) Pre-Development Signs. Signs for the purposes 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 Pazcel for a period of time exceeding one 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 Sec. 17-10 (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) consecutive days. In the case that the Sign is not
removed within these periods of time, the Sign shall be considered an
Abandoned Sign, subject to the provisions of Sec. 17-10 (c).
11 es emended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
(4) Only one such Sign shall be placed upon the Development Pazcel and shall not
exceed the height or size as permitted by preceding paragraph (a).
(d) Within non-residential Zoning Districts, one (1) Sign per Lot or Development Parcel
advertising the sale or lease or the property limited to eight (8) feet in height and a maximum of twenty-
four (24) squaze feet of Sign Face Area. A SignPermit shall be required for such Signs, and these Signs
shall be removed within ten (10) days of sale or lease of the property.
(e) Requirement to display Street number. All business and activities regulated by the
requirements of Section 17-6 shall display the Street number in a manner that is prominent and cleazly
readable to vehiculaz and pedestrian traffic, as appropriate. Street numbers shall be displayed on all
Freestanding Signs and over front doors or primary entryways.
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.
Sec.17-31. Sigas 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 aUse-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 benon-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.
Sec. 17-32. Signs placed on Public.BuIIdings and Structures and within Public Parks.
All Signs displayed within City of Atlantic Beach pazks 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 ordinance, or as such design maybe later
modified by City Commission. Such Signs shall display the City of Atlantic Beach logo, as depicted in
Figure 1, and shall be similaz in appeazance with respect to color, lettering, composition, and materials
used for construction. Materials used shall be wood, high-density urethane, or siarilaz material, which
may be given asandblasted-type finished surface. Public notice, parking and traffic Signs shall be
exempt from this provision.
12 as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
Sec.17-33. Banner Signs.
(aj The purpose of Banner Signs shall be to promote special seasonal, civic or community
events thatoccur 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 maybe 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 calendar year.
(2) Banner Signs shall be liauted in size to a maximum of sixty (60) squaze feetin
size.
(3) Banner Signs shall not contain an Advertising Message.
(4) Banner Signs shall not hang over or_extend into Right-of--Ways.
(5) Banner Signs shall be securely anchored to buildings, poles or suitablestructural
supports and shall not be attached to trees, publicbuildings 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.
Secs. 17-34. -17-40, .Reserved.
13 as amended through Ordinance 60.03-14,
effective July_14, 2003
.Figure 1-City of Atlantic Beach logo.
AGENDA ITEM 7A
Ji7LY 14, 2003
ARTICLE IV. CAUSE FOR REMOVAL OF SIGNS,
ABANDONED SIGNS AND PROHIBITTED SIGNS
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 ornon-corroding metal, shall be painted. at least once
every two (2) yeazs. 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. Anew 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.
Sec. 17132. Prohibited Signs and Devices.
.The following Signs and devices shall be prohibited within the City of Atlantic Beach. In the
case of any confliciwith other provisions of this Code, the proln'bitions 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~perated devices and similar elements that
are intended to draw attention to a business or activity, either when used alone or
incorporated into a Sign.
14 as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
(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 V chicle Signs; however, such vehicles shall not be parked off
of the property from where a 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.
Secs. 17-43. -17-50. Reserved.
ARTICLE V. NONCONFORMING SIGNS
Sec.17-51. Noncanforaung Signs.
All Signs, which were lawfully in existence and constructed or installed withproperly issued
Sign Permits as of the effective date of these. amended regulations, and which aze made noncoafomvng
by the provisions herein shall be allowed to remain in accordance with the following conditions:
(1) Freestanding Signs, permitted pursuant to Section 17-6, made nonconforming uponthe
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 ofthe Sign is
located within. any publicly owned right-of--way or utility easement and that no
interference with clear sight distance exists, and further provided that such Signs are
otherwise in compliance with the terms of this Chapter.
(2) Freestanding Signs, permitted pursuant to Section 17-6, made nonconforming uponthe
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, includimg 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 aze made:
i. Any change to the structural supports or structural materials, including temporary
relocation associated with routine maintenance of a property.
ii. Any change which increases the illumination.
iii. Any change which increases the height of a Sign.
iv. Any change, which alters the material used for the Display Area or Face Area by
more than twenty-five (25) percent.
- v. Any replacement required as the result of an accidental act or a weather related act.
vi. Any replacement of an Abandoned Sign.
vii. Any change necessary for compliance with Florida Building Code requirements.
15 as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A
JULY 14, 2003
(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 aze
determined to create a hazazd to public safety. Such Signs shall be subject to the
provisions of Section 17-10.
(5) Notwithstanding the preceding provisions of pazagraphs (1) through (4), all Signs
permitted within Commercial and Industrial Zoning Districts, pursuant to Section 17-6
of this Chapter, shall be made to conform with the provisions of this Chapter, as may be
amended, within ten (10) years of the initial effective date of these regulations as
enacted by Ordinance Number 60-02-12, which date shall be September 09, 2012.
$eo.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.
Secs. 17-53 through 17-60. Reserved.
ARTICLE VI. SIGN PERMITS
Sec.17-61. Permit Required. '
It shall be unlawful for any person to install, erect, place, alter or relocate any $hgn 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 priorto issuance of the appropriate Occupational License as required for the
activity on theproperty for which the Sign Permit is sought, except as set forth in Section 17-6 (c) of
this Chapter.
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.
16 as amended through Ordinance 60-03-14,
effective July 14, 2003
AGENDA ITEM 7A'
JULY 14, 2003
(3) In the case that the applicant is not the property owner, an owner's authorization to
apply fora SigsPemvt.
(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 Elechical Permit, if required.
(7) Registered engineer's drawings as maybe 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 off' Section 3108, Florida Building Code.
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 II 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 $ign.
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.
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 24171(d),
Commercial Corridor Development Standards: Freestanding Signs constructed of a
solid material such as wood, masonry. or high-density urethane,. and externally-
illuminated in amannerthat washes the Sign in indirect light from a fluorescent ground
source shall be entitled to a fifty percent (50%) reduction in Sign Permit fees.
17 as amended through Ordinance 60.03-14,
effective July 14, 2003