Exh 8DAGENDA ITEM #8D
OCTOBER 22, 2001
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Proposed amendments to Chapter 17, Signs and Advertising
Structures
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
DATE: October 15, 2001
BACKGROUND: Within recent weeks, several issues related to enforcement efforts of the
"amortized" sign regulations have arisen with respect to .existing nonconforming signs. Code
Enforcement Officer Alex Sherrer has continued to identify signs that do not comply with the
1997 changes to Chapter 17, and has contacted affected business and property owners. It has
become appazent that. numerous signs exist, which do not meet the required five (5) foot
distance from property lines or which exceed the twenty-five (25) feet height limitation,. but are
otherwise in compliance with the sign regulations. Overall, business owners have been very
cooperative in correcting noncompliant signs, but numerous business owners are expressing
considerable frustration at the work required and the expense of replacing signs that were
legally constructed with proper permits, particularly where the nonconforming features are
minimal
When the 1997 changes were adopted, no provisions to address lawfully non-conforming
signs, such as waivers or vested rights procedures were included. It may have been anticipated
that such issues would be addressed as variance requests to the Community Development
Boazd. It is my opinion, however, that requests to deviate from the sign regulations do not
conform with the definition of a zoning variance and there is no provision within the Code of
Ordinances whereby such a Variance maybe sought from the Community Development Board.
The City should continue to enforce the regulations with respect to nonconforming signs that
are located within public right-of--ways, or interfere with clear sight distance or utility lines, or
that are in a dilapidated or unsafe structural condition. The Commission may, however, wish
to consider relief for existing signs that are non-conforming only with respect to distance from
the property line or height. Options for consideration are summarized as follows:
1. Continued enforcement of Section 17 as amended and adopted July 14, 1997. The
maximum time period of four (4) yeazs for compliance has expired. Require all signs
to be made conforming.
2. Amend Section 17-17. Treat nonconforming signs as other nonconforming structures
aze treated within Chapter 24. Allow these to continue to exist until replaced, and
AGENDA ITEM #8D
OCTOBER 22, 2001
establish a threshold for an amount of replacement where compliance is required. For
example, if more than 25% of the sign display area is replaced, or when any structural
or electrical component is replaced, full. compliance would be required. (A draft of
proposed changes to Section 17-17 is attached.)
3. Create a waiver or variance process. Amend Chapter 17 to create a process through
which waivers from certain provisions of the sign regulations may be granted by the
City Commission on a case-by-case basis.
4. Amend Section 17-2 to change height, size and setback requirements.
RECOMMENDATION: Direction to staff related to proposed amendments to regulations.
ATTACHMENTS: Proposed draft amendments to Chapter 17, Signs and Advertising
Structures
REVIEWED BY CITY MANAGER:
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F:\USER$\Planning\S Doetr\Commission Staff Reports\Chapter 17 Changes.DOc
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AGENDA ITEM #8D
OCTOBER 22, 2001
Strikethrough Draft amendments to Chapter 17, Signs. and Advertising Structures 10/1 S/2007
Sec. 17-17. Nonconforming signs.
All signs, which werela~llv_in existence
provisions herein shall be
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provided that such Sims ar otherwise in compliance with the terms of thi~ecti~n,
AGENDA ITEM #8D
OCTOBER 22, 2001
Clean Drafr amendments to Chapter 17. Signs and Advertising Structures 10/IS/2001
Sec. 17-17. Nonconforming signs.
All signs, which were lawfully in existence, and constructed or installed with properly issued Sign Permits
as of 7uly 14, 1997, and which are made nonconfommng by the provisions herein shall be allowed to remain
in accordance with the following conditions:
(a) Pole Signs or freestanding signs that are not in compliance with Section 17-12 with respect to
the minimum required distance of five (5) feet from any property lines shall be allowed to remain in their
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 aze otherwise in compliance with the terms of this Secton.
(b) Pole. Signs or freestanding Signs that aze not in compliance with the terms of Section 17-2(b)(6)
with respect to maximum height or size shall be allowed tosemain, provided that such Signs are otherwise
in compliance with the terms of this Section:
(c) Nonconforming Signs, including those as described in preceding paragraphs (a) and (b) shall be
made conforming with all provisions of this Chapter when any of the following changes are made:
i. Any change to the structural supports or structural materials,
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 or face azea 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 where a Sign has been abandoned or unused for a period longer than three
(3) months.
(d) The provisions of this Section shall not be construed to apply to Signs which are deteriorated,
dilapidated, or in a general state of disrepair. Such Signs shall be subject to the provisions of Section 17-1.