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Exh 8FAGEPIDA ITEM #SF SEPTEMBER 24, 2001 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request to allow banners as Special Event signs SUBMITTED BY: Sonya Doerr, AICP, Community Development Director DATE: September 17, 2001 BACKGROUND: The Atlantic Beach Expenmental Theatre (ABET) has asked the Crty for pemission to use temporary banners, to be displayed at the Adele Grage Community Center, for the purpose of promoting their productions Section 17-2 of the Municipal Code prohibits banners of any type, and as such, a Sign Permit cannot be issued for the requested banners If it ~s the desire and duechon of the Commission, Staff will draft and recommend an amendment to the current sign regulations that would pernit the use of banners for such purposes The Commrssion should be aware that all regulations related to the restnction of Signs must be carefully considered Communities commonly adopt ordinances that allow for temporary Special Event Signs that are used for the purpose of promoting special civic or business events It must be understood, however, that the City is restncted from regulating the message or content, of such a sign • Sign regulations must not violate First Amendment protections In other words, the City would not be able to prohibit a banner if it found the message of the banner to be generally offensive to the community, provided tt otherwise complied with the adopted temporary sign regulations • Sign regulations must be entirely content neutral, and caution must be taken not to tmproperly distinguish between non-commercial and commercial speech • Temporary sign regulations may control size, length of time displayed and the type of temporary signs allowed Such signs may include banners, balloons or pennants that are restncted to a certain number of days where the display of such sign can occur, a fixed maximum size and a provision for some type of permitting or monrtonng of such Signs • The Crty has the ability to maintain control of the type of signs that are allowed withun City nghtrof--ways, provided we do not make City property available for any type of sign other than that installed by the City (This would include street banners attached to fight poles, such as m the Town Center area ) RECOMMENDATION: Dtrechon to staff related to Temporary Stgn or banner regulations ATTACHMENTS: None C` `./, REVIEWED BY CITY MANAGER: AGENDA ITEM #8F SEPTEMBER 24, 2001 Atlantic 6eacl~r Experim~ta~LThea~-e Adele Crage-Cexmrrxranitj~ Center 716 Oceatt 6¢.ulevard - Carnex' of 7t" Street Atlantic Beach, Florida 3233 September 13, 2001 Mr. Jim Hanson Gty Manager 800 Seminole Road Atlantic Beach, Florida 32233 OearJim, Thankyou foryour permrssien to serve wine atour opening night receptions We will, asalways, strive to avoid any cause farcamplaints We are, of course, saddened by the news that warding in the city code may prevent our use of the banner. We request that the city camra~ission grant us a speaal exception tv-tlae sign ordinance Thank yow for your consideration of our rec{aesYand foryour assistance ir+taking thismatter tothe commission. We have found thatdespite a-~# of eublicity many Atlantic Beach residents are still unawa+<e-of ABET' and the fact that tkre,atre~produdions-are regularly performed at the Adele Grage Community Center. Our banner is two (2) feet wide by s+x l6) feet bng with green aettering on a white background and reads as follows. ABET Atlantic Beach Experimental Theatre " Now Playing . ", baby the name of the running dates of the current productions. 2d Wtl£0 0I 000Z SZ '[^f 0£I86h2G06 ON 3NOHd tlW`.l`~W~f4dW1Wtld4`JBQtl W021d AGENDA ITEM #8F SEPTEMBER 24, 2001 Page 2 We propose to mount it above-the door between the pillars, parallel across the entrance As I was rev+ewing this-letter I received yvur~ Fax reply to +ny earlier Fax to yr3+,a. Thank you for sending me the city's sign ordirianee I-also see that 37.d (1~+) allews sagas posted on public facilities if perra4itted by contract approved by the City Coi~nrr+'assioner Based on tha~we request #hat the City F,Fxtlaiiissiomfonsider permitting our banner under this provision We at AB€T are very yratefwl far the support we #+ave receivedfrom- the AYIaY-tic Beach Ctty Corrimission and understand that we have a few cntics ware unhappy with okay existence These criticsa>ertaiMly do not reflect the majoaity of Atlaatic Beach residents who feet that ABET as an assetYa our community. Again, I very much appreeiateyour willingness-te Lake our request for a special~xception for our baa4raer Is there any possibility of getting temporary approval so we can use the banner for the first show-vf ois- new seasari on Friday, September 1~F, 2oaIT If so, we will be very grateful. Many thanks for your patience and assistance in this matter. Very trutyyo-uyr~s,~y/ George N' Maida ABET President £d WtlDO 0S 0002 52 '[^t 6£I86h2706 ON ~NOHd tlW~JW~JfOdWlWtldQ98Qtl WOiJd