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18 Feb 2020 CDB Agenda
1111111111110000 1,1 City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, February 18, 2020 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the January 21, 2020 regular meeting of the Community Development Board. 01.21.2020 CDB Minutes (draft) 3. OLD BUSINESS 3.A. SIGN CODE Chapter 17 STAFF REPORT Sign Code 02.07.2020 PRESENTATION Sign Code 02.07.2020 EXPLANATIONS Sign Code 02.07.2020 4. NEW BUSINESS 4.A. ZVAR20-0001 PUBLIC HEARING (Dave and Linda Kristoff) Request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2). STAFF REPORT ZVAR20-0001 526 Selva Lakes Circle (Kristoff) APPLICATION ZVAR20-0001 526 Selva Lakes Circle (Kristoff) 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT Page(s) 3-11 13-46 47-59 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 may attend 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 Chamber prior to the start of the meeting. Please Note: This meeting will be videotaped. To view the meeting video, contact the City Clerk's Office at (904) 247-5810 or send a request by email to Lori Diaz at Idiaz@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 American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Page 1 of 59 Community Development Board - 18 Feb 2020 Florida not less than three (3) days prior to the date of this meeting. Page 2 of 59 Agenda Item #2.A. 18 Feb 2020 Present: Absent: Also Present: MINUTES Community Development Board (CDB) Meeting Tuesday, January 21, 2020 - 6:00 PM Commission Chamber Linda Lanier, Member Kirk Hansen, Chair Sylvia Simmons, Member Brian Major, Member Mark Tingen, Alternate Member Jennifer Lagner, Co -Chair, PPSARC James Moyer, Member Brenna Durden, City Attorney (CA) Brian Broedell, Principal Planner Valerie Jones, Recording Clerk Amanda Askew, Community Development Director 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the December 17, 2019 regular meeting of the Community Development Board. 3. OLD BUSINESS None 4. NEW BUSINESS A.0 COMP PLAN UPDATE STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. BOARD DISCUSSION: Chair Hansen told the Board that he would like to go through everything section by section to maintain some order. He started with the Infrastructure Element Policy C.1.2.3 which includes the Water Supply Facilities Work Plan (WSFWP). Mr. Major asked what the 2020-2040 WSFWP was. Director Askew explained that this is required by the St. Johns River Water Management District (SJRWMD) for every municipality that falls within their region. It ensures that the City has adequate Community Development Board (CDB) January 21, 2020 Page 3 of 59 Agenda Item #2.A. 18 Feb 2020 water supply and potable water facilities are available to serve existing customers and potential build -out of customers. It is a document that shows how you are going to use water and conserve water. Mr. Major asked if it had been published and Director Askew said it has been published. There being no further questions, Chair Hansen moved on to the Future Land Use Element with maximum density per acre (Table A-1). Staff explained that this proposed change does not affect the maximum density for each category. It would just remove the requirement of a minimum density. Chair Hansen continued with the Floor Area Ratio (Policy A.1.5.9, A.1.11.5 and Table A-2) discussion. Staff explained that the changes related to the Floor Area Ration (FAR) are regulated in the Land Development Regulations by building height, setbacks, parking requirements and landscaping regulations. Ms. Simmons expressed concerns about public input for these proposed changes and these changes could change our City. Chair Hansen continued with the Marsh Oaks Business District (Policy 1.11.1). Director Askew explained the proposed changes to this section are related to providing incentives for workforce or affordable housing. Staff choose the Marsh Oaks Business District to help encourage redevelopment in that area. Ms. Lanier asked about the permitting of a percentage of bonus units and whether that had to be workforce housing. Director Askew said that the code can be written any way that they want. She said that typically developers use State funding. Director Askew said that Staff is recommending that the CDB recommend a percentage of bonus density and require that a percentage will be affordable. She said they are not looking at large swatches of land but smaller parcels that they are hoping some would assemble a bunch of small parcels. Director Askew said that they don't want to over build the community but provide affordable housing by incentivising developers to assemble those lands. She said that up for discussion is the percent bonus density and percent affordable. Director Askew said Staff is wanting to get the idea out there to the community. She said the details would be worked out in the Land Development Regulations (i.e. is it for 30 years, the life of the project, how to calculate it, what documents are submitted, etc.). Ms. Simmons asked if this can be done by a variance. She used the Habitat townhouses as an example. Director Askew said that was done by rezoning and the process is not the same. She added that the only way to allow a change in density is by changing the Comp Plan. Ms. Simmons spoke against the change in density. She believes that this comes from Staff and needs to be done through a workshop with CDB, City Commission, experts and residents. Community Development Board (CDB) January 21, 2020 Page 4 of 59 Agenda Item #2.A. 18 Feb 2020 Mr. Major asked where the idea originated. Director Askew said that Staff has been discussing the topic but also did have a developer contact them and wanted to know how they can make Mayport Road better. Staff pulled out their vision plans and regulations. The developer concluded that they couldn't make the numbers work without more density. Staff was aware that there is not enough affordable housing so they asked the developer if they would be open to this and the developer thought it was a great idea. Mr. Major asked if any City officials were aware of this and Director Askew said that the Mayor had spoken to the City Manager several times and is in support of providing affordable housing. Chair Hansen continued with the Transportation Element (Objective B.2.3 and Policy B.2.3.3). Director Askew indicated that the proposed changes to the Transportation Element are meant to help encourage multipurpose paths where possible. Ms. Simmons brought up an old storm water plan that was going to alter Old Atlantic Beach by putting in 25 foot wide roads, curbs, sidewalks, etc. This was going to wipe out a lot of trees and green space. Ms. Simmons said the outrage was so huge that the City pulled the contract and held massive amounts of meetings, ending up with what they have now. She could vote for this but only with certain criteria added. Ms. Simmons thought that in the past there was some kind of citizen vote that had to be met. Director Askew said that the proposed streets for multi-purpose paths are available in the proposed Parks Master Plan. They are only looking at locations that have the right- of-way. Director Askew gave the examples of striping a bike path on Main Street to help slow down traffic and completing the missing sidewalk section on Seminole Road. She said that is why the wording says "where possible". Chair Hansen was concerned that it could be very subjective and do you litigate that. Director Askew said this document only guides growth and depends on the budget. PUBLIC COMMENT: Chair Hansen opened the Public Hearing. Todd Wylie of 1855 Live Oak Lane spoke against the increase in density based on a developer's profit motive. He was concerned about an increase to traffic and schools. Rae Brady of 1636 Sea Oats Drive spoke about trees and impervious surface. Silet Wylie of 1855 Live Oak Lane spoke against the increase in density and in favor of a workshop. With no further speakers, Chair Hansen closed the Public Hearing. BOARD DISCUSSION: Chair Hansen said he didn't hear any concern about the WSFWP from the Board. He asked if there was any further opinion on the increase in Community Development Board (CDB) January 21, 2020 Page 5 of 59 Agenda Item #2.A. 18 Feb 2020 density and affordable housing. Ms. Lanier agreed that the Board needs to hear from the community, especially the Marsh Oaks area. She said that every day she sees people walking and biking from Mayport to the Country Club to work their jobs. Ms. Lanier said they have good jobs but can't afford $700,000 houses. She said that if we want the people that we work with and around to continue to live in Atlantic Beach then we have to address where they will live because they are getting priced out. Mr. Major addressed the transportation element and would like to see whatever it takes to make bike riding and walking safe and acceptable. Ms. Lanier said that she didn't think the Board had any issues with Table A.2 and Policy A.1.5.9 but only the density bonus. Ms. Simmons thought both should be discussed at a workshop with the community. She asked Director Askew that if they don't have the FAR (Floor Area Ratio) then what will prevent the codes being changed somewhere down the line. Ms. Durden said it is a different process to amend a Comp Plan rather than a zoning code. She said it is less onerous than it used to be to amend a Comp Plan but you still do have some State review for that process. Ms. Durden said the State only looks at issues that would affect the State resource (i.e. Atlantic Boulevard, Mayport Road or a natural resource that is being impacted). She explained that to amend the Land Development Regulations it is only 2 public readings and 3 public hearings. Ms. Simmons asked if there was a FAR in the code and Director Askew said there is not. Ms. Durden added that the City does have an impervious surface and she considers that maximum the same as the FAR provision and it is in the code. Ms. Simmons didn't think that was the same. Ms. Durden did agree that impervious surface would not take into account 2 and 3 story buildings like the FAR would. She said type of FAR that takes stories into account is not in the zoning code. Ms. Simmons asked Director Askew that if somebody wanted to build a commercial building with a FAR of 85% could they do that now without a variance. Director Askew said they could not. Ms. Simmons concluded that if it is removed from the Comp Plan then there wouldn't be protection because it isn't in the Land Use Code. Chair Hansen asked if it should be removed from the Comp Plan and put in the Land Use Code. Ms. Simmons said to leave it where it is and add it to the Land Use Code as well. Chair Hansen thought he understood Ms. Durden to say it is inappropriate to have it in both. Ms. Durden said it is redundant but you can have it in both. Ms. Simmons said that once it is placed in the code then it can be removed from the Comp Plan. Chair Hansen moved on to the Transportation Element. Director Askew explained that in the objective they would add "where possible, existing right-of-ways should provide for bikeways, sidewalks or similar facilities to encourage safe and increased pedestrian and bicycle activity". The new policy under that objective would read "All existing rights-of-way shall be reviewed when resurfaced, redesigned or modified to provide for bikeways, sidewalks, multi -use paths, or similar facilities throughout the city to provide linkages to schools, parks and other destination points." Community Development Board (CDB) January 21, 2020 Page 6 of 59 Agenda Item #2.A. 18 Feb 2020 Ms. Lanier asked if it could be as minimal as striping a bike path or as bit as an 8 foot wide multi -use path and anything in between depending what is possible and whether or not there was community support. Director Askew said that is correct. Ms. Lanier asked if there should be added language that addresses community review. Chair Hansen proposed that language be changed to modified "to assess the feasibility" to provide for bikeways... Ms. Simmons was concerned that because there can be a turnover of Staff then there is no way to know what would happen if a future Director wasn't as reasonable. She said she would go for it if the majority of the Board would. Ms. Lagner would like to have a study and/or more input to see how the variety of options can be connected and whether they would affect stormwater. Mr. Major said the statement is vague but it is appropriate for the Comp Plan. Director Askew said that in looking at their LEED certification that one of the goals is decrease carbon monoxide and create a healthier and safer environment. Ms. Simmons felt like the City Commission had oversight in the past in regards to sidewalks and multi -use paths. Director Askew said that would still be the process, this only gives more language to the Comp Plan to encourage these types of transportation. A.1 INFRASTRUCTURE ELEMENT Policy C.1.2.3 MOTION: Recommend to the City Commission the approval of Policy C.1.2.3 (Water Supply Facilities Work Plan 2020-204) Motion: Linda Lanier Second: Mark Tingen Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons For Brian Major For Mark Tingen (Seconded By) For Jennifer Lagner For Motion passed 6 to 0. A.2 FUTURE LAND USE ELEMENT (Permitted Density) Table A-1 MOTION: Recommend approval of eliminating the minimums on density. Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen For Sylvia Simmons (Moved By) For Brian Major For Community Development Board (CDB) January 21, 2020 Page 7 of 59 Mark Tingen Jennifer Lagner Motion passed 6 to 0. A.3 FUTURE LAND USE A.1.11.5 and Table A-2 MOTION: Recommend that Comp Plan until such a time that Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier (Seconded By) Kirk Hansen Sylvia Simmons (Moved By) Brian Major Mark Tingen Jennifer Lagner Agenda Item #2.A. 18 Feb 2020 For For ELEMENT (Floor Area Ratio) Policy A.1.5.9, Policy Policy A.1.5.9, Policy A.1.11.5 and Table A-2 remain in the this is workshopped with the community. For For For For For For Motion passed 6 to 0. A.4 FUTURE LAND USE ELEMENT (Marsh Oaks Business District) Policy A.1.11.1 MOTION: Recommend that this policy be workshopped with the community. Motion: Linda Lanier Second: Mark Tingen Linda Lanier (Moved By) Kirk Hansen Sylvia Simmons Brian Major Mark Tingen (Seconded By) Jennifer Lagner Motion passed 6 to 0. For For For For For For A.5 TRANSPORTATION ELEMENT Objective B.2.3 and Policy B.2.3.3 MOTION: Recommend approval with the addition of the language modified "to assess the feasibility" to provide for bikeways, sidewalks... Community Development Board (CDB) January 21, 2020 Page 8 of 59 Agenda Item #2.A. 18 Feb 2020 Motion: Linda Lanier Second: Sylvia Simmons Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons (Seconded By) For Brian Major For Mark Tingen For Jennifer Lagner For Motion passed 6 to 0. B. SIGN CODE Chapter 17 STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. BOARD DISCUSSION: Mr. Major asked whether the changes being made were based on constitutionality or just additions due to dealing with the sign code. Planner Broedell said that since the sign code is being updated Staff took a holistic approach. Ms. Lanier had concerns about signs that show up in the right-of-way. Mr. Tingen asked how many residential areas would be affected (i.e. neighborhood entrance signs). Planner Broedell said those would remain the same. Ms. Simmons asked if the Board was supposed to pass this tonight. She wanted a chart that would show what the regulations are on real estate signs versus political signs, etc. and what is recommended now. Planner Broedell went over some of the information in his slide presentation. There was further discussion about front yard signs and different limits. Director Askew said that technically you could take your sign down after 60 days and put a new sign back the next day, even if it's the same sign. She said that the sign code language is more of a tool for the City to enforce circumstance where there are a dozen signs in the front yard. Ms. Lanier thought the amount of days placed on the signs could be a big issue. There was clarification to event signs and how they can be left until the event is over (i.e. an election, sale of a home, etc.) Mr. Major asked how Staff arrived at the sizes for signs, especially commercial signs. Planner Broedell explained that most commercial signs are in areas where people would be driving by and it give more allowance for a driver to see the sign. Ms. Simmons asked about what changes were being made to commercial sign illumination. Planner Broedell said Staff was proposing to require new commercial ground signs to be externally illuminated onto the sign compared to the existing language which only encourages external illumination. He added that moving signs are still not allowed. PUBLIC COMMENT: Chair Hansen opened the Public Hearing. There were no speakers and the Public Hearing was closed. BOARD DISCUSSION: Mr. Tingen was in favor of the changes being made. Mr. Community Development Board (CDB) January 21, 2020 Page 9 of 59 Agenda Item #2.A. 18 Feb 2020 Major was uncomfortable about making a recommendation on any other proposed changes. Ms. Simmons asked how this would change the size of a commercial sign. Planner Broedell said there would be no change. Mr. Major said he is okay with the changes that have to be made to make it constitutional. Ms. Simmons agreed that she got bogged down with the changes to the sign code after going through the comp plan changes. She would like more time or a piece by piece explanation of how it was and what it will be and for what reasons. Chair Hansen said he has discussed this with Staff and he is comfortable that the Board is doing is making a change that makes all signs being treated the same. Ms. Lanier said she feels like this is an attempt to put rules back in place that are not based upon content and are based upon aesthetics (i.e. number and size of signs). She was concerned that there will be trouble by putting a time limit on signs. Ms. Lanier said she is fine with the number and size of signs. Mr. Major still had concerns about the illumination requirement and how that was constitutional. Chair Hansen said his understanding is it would give churches (for example) that are in residential areas the ability to have signs whereas legally they can't now. There was further discussion regarding whether to make changes on anything that didn't pertain to the changes affecting the constitutionality of the sign code. Ms. Simmons would like to see this deferred. Mr. Tingen wanted to know about signage painted on the side of a building. Planner Broedell said that wasn't being addressed in these changes. He said that the tall pole signs in front of some storage places are already non -conforming and they would still be non -conforming. They are proposing to add a trigger that if a large addition or renovation was done, then the owner would have to make the sign conforming. Ms. Lanier thought that signs were supposed to come into compliance over 5 or so years ago. Director Askew said many of the commercial signs on Atlantic Boulevard have come into compliance leaving some in non-compliance on Mayport Road. She said there are some triggers already in the sign code (i.e. sign gets blown out by weather event, a change in more than 75% of the surface area), this is just an addition trigger. Mr. Major asked if these changes were made by any elected official or the commissioners. Planner Broedell said these were staff proposals. Chair Hansen asked where the whereas's in the ordinance came from. Ms. Durden said the origin comes from several other city sign codes that have been adopted in light of a lot of different case law. She said they were created by a lawyer named Bill Brenton who was a national sign code expert and understood everything about sign code and law. Ms. Durden explained that they are intended to provide protections by providing intent behind what the city is trying to accomplish when adopting sign provisions. She said they are important when they can be used to show what the initial intent was upon adopting the sign code provisions. Ms. Durden said they become usual in defense of the sign code in the event of a law suit. Ms. Lanier said that it seems like there are still a lot questions and there is a need for more time to be spent on this. MOTION: Recommend to defer action on the Sign Code. Motion: Linda Lanier Community Development Board (CDB) January 21, 2020 Page 10 of 59 Agenda Item #2.A. 18 Feb 2020 Second: Sylvia Simmons Chair Hansen said he thinks the Board should recommend approval. Ms. Simmons said that if this is deferred and for any future instances of recommending a change in code, she thinks the Board should go over those changes page by page and read them. She said that would give them an opportunity to have Staff input. Linda Lanier (Moved By) For Kirk Hansen Against Sylvia Simmons (Seconded By) For Brian Major Against Mark Tingen Against Jennifer Lagner For Motion failed 3 to 3. Ms. Durden said that the motion failed and there is no recommendation to move it forward. She said it would stay on the Board's agenda unless the City Manager removes it. Chair Hansen asked for more information from Staff for the next meeting. Mr. Major still took issue with not understanding where the need for these changes came from. 5. REPORTS None 6. PUBLIC COMMENT None 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 8:04 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) January 21, 2020 Page 11. of 59 Page 12 of 59 1I,1!111PI IIUl 11111118 � 18 Feb 2 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 3.A CASE NO. Sign Code Update DATE February 7, 2020 STAFF Brian Broedell, Principal 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 2015 Reed v. Town of Gilbert, Arizona Supreme Court decision. The Reed v Town of Gilbert decision made it unconstitutional under the first amendment to regulate signs based on the content of the sign. This made parts of the City's current Sign Code unconstitutional. For example, "political signs" are treated differently than "real estate signs" which are treated differently than "garage sale signs" meaning these regulations are based solely on the content of the signs and therefore are unconstitutional. Local governments may however regulate the size, number, location, and duration of signs ("content neutral"). Many of the proposed changes to the Sign Code are eliminating content based regulations and replacing them with content neutral regulations. This included creating a new "temporary signs" section that clearly states the size, duration and number of signs allowed. Another notable proposed change is adding a variance option and process. Currently, if someone seeks relief from the Sign Code it is a waiver and goes to the City Commission. Since Sign Codes are closely related to land development and are often within Cities' land development regulations, staff is proposing to add a variance option to the Sign Code. Additional proposed changes include: - Creating an additional "condition" where nonconforming signs must be brought into compliance based on the valuation of construction and the size of any additions or new structures. - Adding new definitions and removing definitions. - Creating regulations for non-residential uses (i.e. churches) within residential zoning districts since they are currently not addressed in the code. - Adding design and illumination standards for commercial freestanding signs. Page 14 of 59 1111111111111111) 10111111111111111 1111111111111111 /111111111 n 111111111111111111 i01111111111111111111111111111111111 i�111111111111111111111111111 1 1111111111111 1111111 1111111 is 11111111111111111111111U III 11,111 i01111111111111111111111111111U of 111111101 0 111111111110N g'14' 000111 YM1. INu 11111111 Agenda Item #3.A. 18 Feb 2020 Page 15 of 59 s e 0 f Gi ion s or -ea e Ideological signs (20 sq. ft.) 0 2 are na in - con gists= v D aq rna m m 3 Q lc) N13) 0 00 . -n (D � a-4 W N 0D ze :ICF Temporary Sign Regulations (codes updated after 20151 Commercial Number Size Height Duration Jax Beach 4 16 sq ft 6 ft 7 days after event St. Augustine 4 16sqft 6ft 7daysafterevent Beach St. Johns County 4 32 sq ft 6 ft Fernandina Beach 4 32 sq ft 15 ft 1 32sqft 6ft At|����och " 4 16 sq ft 6 ft Flagler Beach 0 -h 7 days after event 30 days or 3 days after event 90 calendar days 60 days or 7 days after event Residential Number Size 8 4sqft 8 4sqft 2 6sqft 8 6sqft 1 16sqft 8 4sqft Height 6 ft 6 ft 6 ft 15 ft 6 ft 4 ft Duration 7 days after event 7 days after event 7 days after event 30 days or 3 days after event 90 calendar days 60 days or 7 days afte event co m � x� r 3 -17 v rD 0 -h Ul LO c s£ e C c0 e are (D Q 00 rt ((DD W N 0. 1111111 a 1111111111111111111111111 41111111111111111111111111111 IIIIIIIIIIIIIIIIIII Agenda Item #3.A. 18 Feb 2020 Page 23 of 59 Page 24 of 59 Chapter 17 - SIGNS AND ADVERTISING STRUCTURES Footnotes: (1) 10000r:1111 r;0u 0;;:0 w err'tl+I;0;00° 00;00000„Iu II ;;u0;;;;;;;I-'90;;'0.; '11 (000 H:0 ;000 0000+;;;000 „Jr 01it � iI il:,u0000 ^V u':,;'u. i a+uN't; uuuu a;N+;u ,0I0 "u+;;; u;,u;;}Nll;„:,:::0U0"11 ^'V 00011; 0'0000;r uIr 11 u;} ulNu:0 r.'"0 u"00":0 lu 000,;',;^0 10'; 00 03,90;;,r ;;00, 11"0";00.0 u;:W;;l +yr II u^ u 0:0 0.0,00;;;;;;;;0 .0.0;100100 'II "r.0 1119;00000II 00,000000;;I:(.. u:;VP;'➢ !gr ii u^ u, I ry ^8;;; ^';u II,; a iI. 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(0;011' ;0:0 wi ;;";00;;";0000011' ;00000Nud wi!!V VIIdH^uN V.V u u I.^tl.uigr,:"N oVy u o,tl.uIsuai INu :010 ", I^^alNiltlutlo,y ',u:".0 Uduoy uql;I :u V: L. u;}a:u "IIq I,;„,tl 0:1N 0;0ru 01;;;;;;;;;0"0;;;;;;; IIUIN uau0;r; !I ti 0Vi0 ;;,r 00"(0000 .-000.09; 0;V;;}0N Vtlfl uiy r00.0Nl'u 000 ulltlnuN0.0 0000110":0NV Ilu oytl 10L":"0„A0INV V.00 V..' 0;;',01,00001;;00000 'N w,",.N Il wi n✓i N✓i "p 0;r0;00000 "II o;u Od u a u'�j;yuIN^uN41h;N;u lu „ V Vu„Q,,"'X I , ul, l^:u o; IN 000:000.0;;;; !�^ a 1rx 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. IR is the purpose of this section to promote the public health, safety, and general welfare through a comprehensive system of reasonable, consistent. and nondiscriminatory sign standards and requirements. These sign regulations are intended to: 1. Maximize the value of commercial sianaae as a means of locating and identifying commercial establishments providing goods and services while, at the same time, discouraging the use of commercial sianage to sell goods and services; 2. Encourage the construction of commercial signs of high-quality materials that are aesthetically pleasing and are compatible with their natural surroundings and with the buildings they identifvy 3. Avoid the creation of a distracting atmosphere that can result when businesses compete for attention through the use of commercial advertising signs; Agenda Item #3.A. 18 Feb 2020 Page 25 of 59 4. Protect, preserve, and enhance the unique aesthetic character, beauty, and charm of the City. and thereby encourage the continued economic development within the City: and 5. Improve pedestrian and traffic safety and eliminate physical and visual clutter caused by signs that compete for the attention of pedestrian and vehicular traffic.) _ (Ord. No. 60-02-12, § 2, 9-9-02) 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. Abandoned sign: See Discontinued sign 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 )including, but not limited to, light proiections, scrolling displays, and light emitting diode (LED) screens.) Art. public: Any originally produced artistic medium which is outdoors and accessible to the general public and does not contain advertising or logos. Public art commonly takes the form of murals and sculptures that can withstand exposure to atmospheric elements.) 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. Lhang either with or without frames or in some other manner. Agenda Item #3.A. 18 Feb 2020 Commented [BEB1]: Added to strengthen intent of sign code. - - 1 Commented [BEB2]: Remove because it is content based - - 1 Commented [BEB3]: Added for clarification. Animated Il signs are prohibited in the sign code. Commented [BEB4]: Added to help distinguish murals and other forms of public art from painted advertisements that contain business names, products, etc. Commented [REBS]: Removed because it is content Billboard: See Off-site sign. based. 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 definition may include a single use or business, or a collection of uses or businesses developed in a unified manner. Discontinued sign:. Any sign located on a property or building that is: (1) vacated: (2) no longer has a valid certificate of occupancy or business tax receipt: (3) no longer has an active utility service account: or Commented [BEB6]: Added to clarify that billboards are considered the same as off site signs. Page 26 of 59 (4) displays a blank sign for a period of one hundred and eight (180) days or longer shall be considered a discontinued sign.) (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. L 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. I subject to movement caused by wind activation. 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. lAny filling, berming, mounding, or excavation solely for the purpose of increasing the height of the sign is prohibited. Agenda Item #3.A. 18 Feb 2020 Commented [BEB7]: Discontinued and abandoned signs needed a definition since they are currently addressed in Section 17-41. - - Commented [BEB8]: Removed because it is content based. - - 1 Commented [BEB9]: Removed because it is content 1tlllllllllllllluul,,., uppll11)11ppuui„ ., „„ „,,, ., uwmullulglUuuul/ MONUMENT SIGN EXAMPLE Wodth of sign FNe ght of sign based. - - 1 Commented [BEB10]: Added to prevent filling to increase the height of signs. frCommented [BEB11]: Added for clarification on measuring the height of a freestanding sign. Page 27 of 59 Illumination: A source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the street graphic. Illumination, internal: A light source that is concealed or contained within a sign and becomes visible in darkness through a translucent surface. Illumination, external: Illumination of a sign that is affected by an artificial source of light not contained within the sign itself.) 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. Off-site sign: Any sign which serves a property or business other than the property or business on which the sion is located and/or displavedi Agenda Item #3.A. 18 Feb 2020 Commented [BEB12]: Need definitions for illumination because the term is used multiple times throughout the code. - - 1 Commented [BEB13]: Definition is needed because itis prohibited by code currently. Parcel or parcel of land: Any quantity of land capable of being described with such definiteness that its locations and boundaries may be established. which is designated by its owner or developer as land to be used. or developed as, a unit or which has been used or developed as a unit. It may be described by metes and bounds or by recorded plat. The terms "lot." "parcel." "land," "site," "development parcel" may be used interchangeably within this Code as appropriate to the context.) Permanent sign: Any sign permanently embedded in the ground or affixed to a building or sign structure that is permanently embedded in the ground. unless otherwise classified in this Chapter.) 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. - - 1 Commented [BEB14]: Definition is needed because the lterm "parcel" is used in the code. Commented [BEB15]: Added to distinguish between permanent and temporary signs. - - 1 Commented [BEB16]: Content Based - - Commented [BEB17]: Content Based 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. Page 28 of 59 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 fascia sign, window sian, bracket sian. marquee sign, flaa. or banner enclosed within any geometric figure used to identify, announce. direct, or inform lincluding all frame, trim and background, which contains the sign display area, advertising message or informative contents[ In_ _ the case of painted fascia signs, window signs, bracket signs, marquee signs, flags, or banners composed of letters. shapes, or figures, or skeleton letters mounted without a border, the sign face area shall be the area of the smallest rectangle or other geometric figure that would enclose all of the letters. shapes. and figures. the calculation for a double faced sign shall be the area of one face only. L 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. (Temporary sign: A sign intended to be displayed for a transitory or temporary period and not intended for use in a permanent nature. Any sian not permanently embedded in the around or not affixed to a building or sian structure that is permanently embedded in the ground shall be considered a temporary sian, unless otherwise specified in this Chapter. All banners and flags, regardless of how they may be affixed to a building or structure or embedded in the ground, are classified as temporary signs.] _ - 1 Commented [BEB23]: Added because the term is used Variance: A variance shall mean relief granted from certain terms of this chapter. The relief granted ( frequently in the code. 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 17-52 of this chapter. and such relief may be subject to conditions as set forth by the City of Atlantic Beachi1 Commented [BEB24]: Added because variances are manufacturer's Legistered logo, trademark or service mark that is attached to a motorized vehicle jVehicle _ - Commented [BEB25]: Clarification 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. - - 1 Commented [BEB26]: content Based Agenda Item #3.A. 18 Feb 2020 - - " Commented [BEB18]: Removed because the term is proposed to be no longer used. This term has led to confusion with applicants because it is similar to sign face area and sign height, width, and square footage are already used in limiting sign size, so it is unnecessary to keep. Commented [BEB19]: Added to clarify that sign face area is used when measuring these signs, not freestanding signs. Commented [BEB20]: Removed because it is content based. Commented [BEB21]: Added to address painted wall signs. They are currently not addressed in the code. Commented [BEB22]: Already in the code. It was moved from Section 17-63. Vehicle sign: Any sign placed within, upon or affixed to a motorized vehicle, other than al the vehicle proposed to be added to the sign code. Page 29 of 59 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. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 1, 3-25-13) Sec. 17-3. – Noncommercial Signs and Messages Any sign authorized to be displayed pursuant to and in accordance with this ordinance may contain a noncommercial message Secs. 17-4-17-25. - Reserved. ARTICLE II. - SIGNS PERMITTED Sec. 17-26. - Exempt signs. Agenda Item #3.A. 18 Feb 2020 - 1 Commented [BEB27]: This language remedies any objection that the code violates free speech. (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. I Commented [BEB29]: Replace with Signage required by (2) Lettering only, for the purpose of providing ownership, licensing and emergency contact law, which is affixed to buildings or equipment, not information, when placed upon doors and windows of lawfully licensed businesses, with letters exceeding three (3) inches in height and two (2) square feet. not exceeding three (3) inches in height and limited to a maximum area of two (2) square feet. L _ _ - 1 Commented [BEB30]: Remove, Content based. 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. Commented [BEB28]: Proposing to add temporary signs and public signs to this section. Temporary signs are regulated in another section and do not need a permit. (3) (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. Signs depicting only time and temperature. L (7) (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 Commented [BEB31]: Remove, Content based. Page 30 of 59 (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). 1 Agenda Item #3.A. 18 Feb 2020 - — 1 Commented [BEB32]: Remove, Content Based (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. Signs as required by law to display building permits or other similar required public notices. 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. (3) (4) (5) (6) (7) (8) (9) 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. Vacancy or no vacancy signs not exceeding two (2) square feet in area. 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. 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. 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. L (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. L Commented [BEB33]: Remove, Content Based Commented [BEB34]: Replace with: (1) Signs placed within interior courtyards, provided such signs are generally visible only to those persons visiting such place and are otherwise in compliance with this chapter. (2) Signs placed within the inside fence line of recreational fields, provided such signs are generally visible only to those persons visiting such place and are otherwise in compliance with this chapter. Page 31 of 59 (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. L (3) Temporary Signs (4) Public Signs (5) Fascia signs on residential structures up to 10 square feet in sign face areai Agenda Item #3.A. 18 Feb 2020 - - 1 Commented [BEB35]: Remove, Content Based (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 located only on property where the sign serves provide an advertising message for that property. j 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. Permanent 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. 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. 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. 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, Cr which makes use of any word or words commonly used on traffic -control signs or signals. 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 or designee. (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. L (2) (3) (4) (5) (6) (7) (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03) - - 1 Commented [BEB36]: Added to address "welcome" signs above doors, house nickname signs, etc. - - 1 Commented [BEB37]: Can be content based. Also removed advertising message definition. - - 1 Commented [BEB38]: Added because temporary signs can be constructed of these materials. [Commented [BEB39]: Removed because content based. Also signs can now display non-commercial messages. - - 1 Commented [BEB40]: Removed because its content lbased. Commented [BEB41]: Proposed for removal because signs are usually mounted on raceways to protect the siding and/or paint of wall and when placed on a roof this requirement cannot be met. This is seen as a burdensome regulation. Page 32 of 59 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) Isign identifying the name of the subdivision hall 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 per sign bf 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 (developments with eleven (11) or more dwelling units usesLone (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. 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. (3) For non-residential uses located within residential zoning districts, freestanding signs may be permitted as set forth below: a. Size permitted: One (1) square foot for each linear foot of street frontage of the development parcel on which the sign(s) are placed, provided no such sign shall exceed sixty (60) square feet. b. Maximum height of sign: Eight (8) feet c. Type allowed: Freestanding ground or monument style. 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 toward any street, vehicle drive or residential unit. (b) Signs, as set forth with above paragraph (a), that are proposed to be 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, Agenda Item #3.A. 18 Feb 2020 - - 1 Commented [BEB42]: Content based. Commented [BEB43]: Removed because sign face area does not apply to freestanding signs. This does not change the size allowed. Commented [BEB44]: Proposed for clarification. As currently written, a triplex with three dwelling units can have a 60 square foot sign. Staff believes a sign of this size on smaller multi -family developments on smaller lots will not fit in our residential areas. Commented [BEB45]: Remove - " Commented [BEB46]: Proposed to add because currently non-residential uses in residential districts, such as churches, are not addressed in the sign code. Atlantic Beach has several churches within residential districts with signs. In order to regulate and approve such signs, they need to be addressed in the code. Page 33 of 59 Agenda Item #3.A. 18 Feb 2020 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 ltraditional marketplace (TM), commercial professional office (CPO), commercial limited (CL), commercial _ - 1 Commented [BEB47]: New zoning district general (CG), central business district (CBD), and light industrial, light1and warehousing (ILVV) zoning districts. Except as specifically exempted in section 17-26, and further subject to issuance of a sign - {Commented [BEB48]: Remove 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. _ - - 1 Commented [BEB49]: Remove. This section now includes a. Size permitted: One (1) square foot of sign face area for each linear foot of the ( buildings with a single occupant and multiple occupants. 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. for a single occupant building or one square foot of sign face area for each_ _ - - Commented [BEB50]: Rewording so that it is easier to linear foot of building frontage for the occupant or tenant space in a multi -tenant understand. The regulations are not changing, only the development. each as measured on the street toward which the fascia sian is wording is. oriented. In no case shall an individual fascia sign exceed one hundred (100) square feet of sign face area nor shall the combined sianaae for one occupant exceed two hundred (200) square feet of sign face area. (2) Number of fascia signs permitted: Not more than three (3) fascia signs shall be allowed on any one (1) side of a building with a single business or occupant. For buildings with multiple businesses or occupants, each business shall be allowed three (3) fascia signs for each side of a building with street frontage. 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. i(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 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 Commented [BEB51]: Added to clarify that each business can have 3 signs in a multiple occupant building. This regulations is existing and is not proposed to change. Page 34 of 59 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.(3) Required spacing between signs on buildings: Fascia signs shall be separated by a minimum distance of seventy-two (72) inches. (4) (Projections: Fascia signs shall not project more than twelve (12) inches from the face of the building. (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 may be permitted 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 (traditional marketplace and (central business district only. In addition to other permitted signs, Iuses limited only to retail establishments, restaurants, cafes and coffee shops may install a single bracket sign extending above a public sidewalk or pedestrian walkway may be permitted. The purpose of this provision is to provide appropriate and consistent signage for the unique pedestrian environment of the central business district and traditional marketplace areas. down center areal 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 shall exceed Idisplay 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; Shall be externally illuminated only and shall contain no electrical components; and g. 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: (1) Size and number of freestanding signs permitted: Agenda Item #3.A. 18 Feb 2020 - - - Commented [BEB52]: Remove. These regulations were moved to (a)(1) above. The current numbering and order of the regulations does not make sense, so staff would like to "reorganize" the language while keeping the regulations the same. - - Commented [BEB53]: This is a typical projection for fascia signs. - - 1 Commented [BEB54]: New zoning district Commented [BEB55]: Remove, staff proposes that all business located in these areas should have same allowance due to similar design and proximity to one another. Commented [BEB56]: Replace with central business district and traditional marketplace Commented [BEB57]: Proposed for removal since some businesses will have outdoor porch areas or similar designs. Commented [BEB58]: Remove, the term sign display area is no longer used in the code. Page 35 of 59 Agenda Item #3.A. 18 Feb 2020 a. One (1) square foot Pf sign display area For each linear foot of street frontages of the _ - ( Commented [BEB59]: Term is no longer used in code. 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) - - -I Commented [BEB60]: Term is no longer used feet in widthl, except as provided in subsection (c)(2)b. belovf.. Commented [BEB61]: The referenced section is proposed (2) Number of freestanding signs permitted:1 for removal. ['Commented [BEB62]: Remove for formatting purposes. (3) (3) (4) 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 two (2) three (3) freestanding signs.IBusinesses with approved drive-throuqh lanes are__ - - - allowed one additional freestanding sign per drive-through lane. provided these signs do not exceed 40 square feet and 8 feet in height] 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. Development parcels with less than one hundred (100) feet of linear street frontage shall be permitted one (1) freestanding sign. (2). Required distance from property lines: No portion of any freestanding sign shall be located closer to any 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. 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. Design, construction, and maintenance: a. Materials, colors, and shapes of proposed freestanding signs shall be complementary to the related buildings and to nearby structures and signs. Sign colors shall be noon - reflective and shall not contain fluorescent colors. b. Signs shall be maintained in good condition at all times and shall be kept free of cracked or peeling paint, missing or damaged sign panels or supports, and weeds, grass or vegetation that obscures the view of the sign message. Illumination: a. Freestanding signs shall be externally illuminated with a steady stationary light source, shielded and directed solely at the sign. Light fixtures shall be restricted to not more than one shielded light fixture per side for signs up to 40 square feet and not more than two shielded light fixtures per side for signs over 40 square feet. b. Light sources to illuminate signs shall neither be visible from any street right-of-way , nor cause glare hazardous to pedestrians or vehicle drivers or so as to create a nuisance to adjacent properties. c. Internal illumination for drive-through signs for establishments with a drive-through shall not cause glare hazardous to pedestrians or vehicle drivers or so as to create a Commented [BEB63]: Proposed to reduce to two signs because double frontage lots could add square footage together and have freestanding signs on streets like Sturdivant or other side streets. Commented [BEB64]: Added because drive through signs currently are not addressed in the code. This language was modeled after St. Augustine Beach. Commented [BEB65]: Remove so businesses with three frontages do not construct three freestanding signs. Commented [BEB66]: Added for clarification. This is the same as the current regulation. - - " Commented [BEB67]: Proposed for removal because these parcels could end up selling some land and then having a nonconforming sign. Also, this results in different sizes of signs as you drive down a corridor. To promote consistency, this section is proposed to be removed. - - " Commented [BEB68]: Proposed for aesthetic purposes. This language was taken from Hilton Head's sign code. It is meant to create consistency between the signs and the buildings they serve. This helps reduce "visual clutter" as you are driving down the road. Page 36 of 59 nuisance to adjacent properties. Such signs shall be placed and angled so that, to the greatest extent possible, they are not visible from public or private streets. d. Lamps shall only produce a white light.) (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). 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). (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). 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. (0 (3) (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. Agenda Item #3.A. 18 Feb 2020 - - " Commented [BEB69]: Proposed section on illumination because internally illuminated freestanding signs can impair drivers vision if they are too bright. Also, our commercial corridor standards in the land development regulations encourages the use of external illumination for aesthetic purposes. 1 Commented [BEB70]: Remove because it is content based. Page 37 of 59 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 of the effective date of this chapter, or as such design may be later modified by city commission. Such signs ishall display the City of Atlantic Beach logo, as depicted in Figure 1, andIshall 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 sandblasted -type finished surface. Public signs, Public notice signs, parking sin is and traffic signs shall be exempt from this provision. Agenda Item #3.A. 18 Feb 2020 - - 1 Commented [BEB71]: City Attorney recommended removal. [Commented [BEB72]: Remove, content based. Page 38 of 59 Fi&ure 1 -Citi' of Atlantic Beach Logo (Ord. No. 60-02-12, § 2, 9-9-02) 1Sec. 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. Sec. 17-33. - Temporary Signs. Temporary signs in accordance with this section do not require a sign permit. Permitted temporary signs shall include, but are not limited to, snipe signs, banners, and window signs. Temporary signs shall not be illuminated nor shall any temporary signs be placed on public property without permission from the city. (a) Within all residential zoning districts, the following signs shall be considered as temporary signs and must meet the following standards: (1) Freestanding temporary (snipe) signs a. Maximum number allowed per parcel: eight (8) b. Maximum square footage allowed per sign: four (4) square feet c. Maximum height allowed: four (4) feet d. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if applicable. Except, one temporary sign can be displayed year round. (2) Banner signs: not permitted in residential districts (3) Window signs: not permitted in residential districts (b) Within all non-residential zoning districts, the following signs shall be considered as temporary signs and must meet the following standards: (1) Freestanding temporary (snipe) signs a. Maximum number allowed per parcel: four (4) b. Maximum square footage allowed per sign: sixteen (16) square feet c. Maximum height allowed: six (6) feet Agenda Item #3.A. 18 Feb 2020 Commented [BEB73]: Remove since it may change. Commented [BEB74]: Remove: content based and banner signs are now addressed in the temporary signs section. Page 39 of 59 d. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if applicable (2) Banner signs a. Maximum number allowed per parcel: two (2) b. Maximum square footage allowed per sign: sixty (60) square feet c. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if applicable d. Banner signs shall not hang over or extend into public right-of-ways e. Banner signs shall be securely anchored to buildings, poles, or suitable structural supports and shall not be attached to the roof of a building or exceed the height of such building or structure. f. Banner signs 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. (4) Window signs a. Maximum sign face area allowed: twenty percent (20%) of the window area Sec. 17-34. - Flags. (a) Flags may be permitted in addition to other signs in accordance with the following provisions. (1) Maximum number allowed per parcel: two (2) flags (2) Maximum sign face area allowed per flag: twenty four (24) square feet (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-35-17-40. - Reserved. ARTICLE III. - CAUSE FOR REMOVAL OF SIGNS, ABANDONED SIGNS AND PROHIBITED SIGNS Sec. 17-41. - Removal of unsafe, damaged or poorly maintained, and abandoned signs. (a) Unsafe signs. In the event that any sign, including without limitation 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 occupants 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. Agenda Item #3.A. 18 Feb 2020 - — - Commented [BEB75]: New section on temporary signs. The city is allowed to regulate size, number, location, and duration of these signs, but not content. Therefore, all temporary signs must be treated the same regardless of what message they are conveying (ie. Love reigns here, for sale, garage sale, etc.) Commented [BEB76]: Proposed new section for flags. Since many flags are flown year around, they were separated from the temporary signs section. Page 40 of 59 (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 business is located or in the required front yard of any property for the sole purpose of advertising.) L (13) Private signs on any public property for right of wayL 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. (16) Off-site signs and billboards. jj) Discontinued and abandoned sign Agenda Item #3.A. 18 Feb 2020 - - 1 Commented [BEB77]: Remove from prohibited signs section because they are temporary signs and are allowed. Commented [BEB78]: Remove. Definition of vehicle signs covers this. Also, determining if vehicle signs are for advertising purposes can be content based. fCommented [BEB79]: Added for clarification. - - 1 Commented [BEB80]: Already not allowed. Adding to prohibited section for extra clarification. (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-43-17-50. - Reserved. ARTICLE IV. - NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS Page 41 of 59 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. L 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 or circumstances exist: (3) 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 or discontinued sian. g. Any change necessary for compliance with Florida Building Code requirements. h. en the total cost of alteration, expansion or renovation of a structure or building at a location where any non -conforming signs are located within the boundaries of the development parcel is equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel improvements, or when the total square footage of a structure is expanded by more than twenty-five (25) percent within a two year time frame or when any cumulative expansions total more than twenty-five (25) percent within a two year time frame. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the International Code Council.[ (4) The provisions of this section shall not be construed to apply to signs that are abandoned, discontinued. 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 17-4133. (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) ISec. 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 Agenda Item #3.A. 18 Feb 2020 - — - Commented [BEB81]: Delete. These sections do not need to be stated because it is already addressed in the opening paragraph. Removal of these sections will not change any regulations or take away any rights, it will be the same as it is currently. - Commented [BEB82]: Proposed new section would require nonconforming signs to be brought into compliance based on construction valuations or size of additions to the building. This language is similar to the language used to bring landscaping into compliance in the land development regulations. Page 42 of 59 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. L Sec. 17-52.-r/ariances. The Community Development Board is authorized to grant relief from the strict application of this Chapter where, due to an exceptional situation, adherence to this Chapter results in "exceptional practical difficulties or undue hardship" to a property owner. In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The Community Development Board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of this Chapter. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the Community Development Department. (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) 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. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice as set forth in Section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) 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. (2) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (3) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance The Community Development Board shall find that one or more of the following factors exist to support an application for a variance: Agenda Item #3.A. 18 Feb 2020 - - " Commented [BEB83]: Remove and replace with variance section. Commented [BEB84]: Proposing to add variances to the sign code. Signs are closely related to and often included in the land development regulations. As such, staff feels the Community Development Board is the most appropriate body to hear and vote on sign variances. Page 43 of 59 (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 to provide for the reasonable use of the property. In the event the Community Development Board finds that none of the above exist, then the Community Development Board shall deny the variance. (d) Approval of a variance. To approve an application for a variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the Community Development Board may prescribe appropriate conditions in conformance with and to maintain consistency with City Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e) Approval of lesser variances. The Community Development Board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) Waiting period for re -submittal. If an application for a variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) Time period to implement variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The Community Development Director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the Community Development Board. (Ord. No. 60-02-12, § 2, 9-9-02) Secs. 17-53-17-60. - Reserved. Agenda Item #3.A. 18 Feb 2020 Page 44 of 59 ARTICLE V. - SIGN PERMITS Sec. 17-61. - Permit required. No sign shall be installed, erected or placed prier to issuance of a sign permit as required by this chapter, except for exempt siqns as set forth in Section 17-26. 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 soughtl, except as set forth in section 17-29(c) of this chapter. Agenda Item #3.A. 18 Feb 2020 - - 1 Commented [BEB85]: Same language that is in Section l17-27. It was added here for clarification. (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 city building official 0 determine compliance with this chapter and 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. The name and contractor information of the person erecting or installing the sign. An electrical permit, if required. Registered engineer's drawings as may be required by Section 3108, Florida Building Code. Such additional information as may be required by the city building official 0 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. (5) (6) (7) (8) (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 non- freestanding, fascia and projecting Signs, the sign face area shall be used in calculating the permitted size of sign. In the case of freestanding signs, width and height of sign (marquee, canopy or awning signs, the sign display area Shall be used in calculating the permitted size of the sign. -The height of the sign shall be the vertical distance measured from the lowest arade adjacent to the sian extending to the topmost portion of the sign structure. including anv frame, embellishment or other type of upward extension from the sign.) Commented [BEB86]: Remove. The first sentence is re- stated above and the second sentence references a code that changes. Commented [BEB87]: Remove. This reference was incorrect and is unnecessary. 1 Commented [BEB88]: Replace with "city" Commented [BEB89]: Replace with "city" Commented [BEB90]: Remove. These are included in "non -freestanding signs". Commented [BEB91]: Not changing the way these are measured, only rewording to clarify and simplify. Commented [BEB92]: Remove. These signs fall under the "non -freestanding" signs. Commented [BEB93]: Adding to reiterate how height is measured, since there has been confusion in the past about this with applicants. Page 45 of 59 Agenda Item #3.A. 18 Feb 2020 hNhen 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. - - 1 Commented [BEB94]: Remove, stated elsewhere. (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 dollars ($30) for all non -freestanding signs. (2) Fifty dollars ($50) for freestandino skins. - 1 Commented [BEB95]: Proposed new fees. (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. 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. (3) (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03) Sec. 17-65. — Severability. If anv section or portion of this Chapter proves to be invalid. unlawful. or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of anv other section of part of this Chapter.) Commented [BEB96]: Proposing to remove current fee structure as it is confusing and hard for the building department to control. Commented [BEB97]: This language helps protect the validity of the entire code in case new law results in one section becoming invalid. Page 46 of 59 i1,1!1I1!I IIUl IP1111R 18 Feb 20 • CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR20-0001 Request for a variance to increase the maximum impervious sun face allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2). LOCATION 526 Selva Lakes Circle APPLICANT Dave and Linda Kristoff DATE February 10, 2020 STAFF Brian Broedell, Planner STAFF COMMENTS The applicants are Dave and Linda Kristoff, the owners of 526 Selva Lakes Circle. This property is located within the Selva Lakes Planned Unit Development with a future land use designation of Residential, Medium Density (RM). The property is currently covered in 66.5% impervious surface, making it a nonconforming lot in that respect. In 1996, when the house was built, the property had about 62% impervious surface coverage meaning they are "grandfathered in" at 62% coverage. However, there are no permit records for the additional impervious surface in the backyard (4.5%). The applicants bought the property in November, 2019, and recently submitted a permit for a new paver patio. The applicants would like to replace the existing concrete patio with pavers and expand the patio. The permit was denied because the property currently exceeds the maximum impervious surface allowed. The applicants are requesting a variance to allow a new paver patio which will result in roughly 69% impervious surface coverage on the property. LANE S 05'27'06" E 35.01' 3/4* (P) s 05Vir.i r E 35,112' 0.0 A�P'PIRTJ��Y4NN�A�fE SOOD"�wl'SKIN BOUNDARY TFP OF SORE z JEA WENT 1404'T LOT PAD 140 11 A N © 2 STORY FRAME AND STUCCO NO. 526 cc,tI 5,.4•.° COM; PORCH CONIC WALK luuuuu'INE uuuuuu uummr'muur n uuuuuuuuuuuuuuuuuu ANALYSIS 11,1!111PI11•1II1111R � 18 Feb 2 Section 24-65 states 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 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) 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. The applicants stated that they wish to create a waling path to allow access to the shed and have an outdoor patio like their neighbors. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicants expressed that being a zero lot line townhouse development, most of the properties in Selva Lakes do not comply with this ordinance. Their only plan is a small patio. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicants expressed that the improvements they want do not remove any vegetation, trees, or impair anyone's view. The patio is porous material to allow for drainage and runoff. The existing property was a long term rental that was not maintained and the existing concrete is broken and hazardous. (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 2 of 3 11,1!111PI111E1II1111R � 18 Feb 2 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0001, request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2) upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may he 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 si:e 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 ZVAR20-0001, request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2) upon finding this request is not consistent with the definition of a variance. Page 3 of 3 Page 50 of 59 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT tri INFORMATIONII(j/�Q r NAME + LIN/LA I'1i`ais- Croy1'"F: ADDRESS `) 2(,.. C'.) LVA , F.,/1KE s L l..E CITY PROPERTY LOCATION jt) (, RE# 1 7 2 0 2.7 7 r BLOCK # LOT/PARCEL SIZE ZONING CODE 62 L COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION a AA PROVISION FROM WHICH VARIANCE IS REQUESTED rye Agenda Item #4.A. 18 Feb 2020 FOR INTERNAL OFFICE USE ONLY FILE # VARzp-owl EMAIL L M IG cr. @ C,h,AP'I STATE ZIP CODE 2 CELL#31'7-3J('ti(y% 100 OW ,SELk.al 1.11k.E3 ()NJ2 UTILITY PROVIDER 3 1: cf. C. OA PHONE# LOT # Homeowner's Association or Architectural Review Committee approval required for the proposed construction YES ❑ NO (if yes, this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is reauested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where oriainal plans. photoaraphs or documents that are not laraer than 11 xl 7 inches are submitted, please provide eight (8) copies of anv such documents. 5. Application fee of $300.00. Y f RTIFY THAT. LL I FORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNATURE OF APPLICANT SIGNATURE OF APPLICANT (2) Signed and sworn before me on this Identification verified: Oath Sworn: ❑ Yes G.'"1/(,) PRINT OR TYPE NAME LINT,./J.T OR TYPE NAME' / '/ 7-(') /,�. day of �u Ci f n State of County of DATE DATE �f.r, 19 VARIANCE APPLICATION 0' ,.:us'7).k•ii ;, TONI GINDLESPERGER :*: MY COMMISSION # GG 353178 EXPIRES: October 6, 2023 0 � Bonded Thru Notary Public Underwriters Notary Signature My Commission expires Page 51 of 59 Agenda Item #4.A. 18 Feb 2020 The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. 1. Exceptional topographic conditions of or near the property. 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. We Vi.L Vi.i-I 10 ^ RE' ()r . iUll(KI UCm, i'(tTH 10 A(l..Cc!J AC CESS 7'C1 AA) a'711-.'w-'1F.•()ATI() LI k..(7:3 lc il%">r'.s E, 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. BE,iIUC:, A 2.eRc �,�s,��T Lif 76t,00troo5r, QF,vasr(11E.A r�r �', :� list (nor, -7- O( THS; Pel. VT(Ef> -SEL)/1 `,.Flsi ✓ Do N/Oi. Ci: AP(.Y WITK THH($ „Or.D 1Jf tC41i..tJ f l..^SP1 i5 SMO(,i. El /C, 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property, THE , I M PP. ei!(Mtrav7 s U-sto: bill►!')y IDC, AJC -1 /'CM::";,,C= .1f I ti VE(-,t:7.1,t7rait) 7RE LS, C"P 1, Pf (fie'n)fr ,t,! 1°'W,, /IA Tin ;5 FY=,f(:) a; AiLAWP, III, Tc ' (,(xc,0 r. op eV!.11/,//i,Gr 1r/J) to, u/VC'>r'1"• 6 K- / 5- ft /0,6, PRorefiTy )til6 J,. o.-7, TERM RE ir(it % 17, diel 5r tr Mil(/rr (0) ). 1:H�(/sr,iv6; C),:,'&KL?t7E, 6,-)/9 El 5. Irregular shape of the property warranting special consideration. (3A'C'(«AL1 1 AJb NF '741zr+;J { D 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCE APPLICATION 07.08.2019 Page 52 of 59 ADDITIONAL COMMENTS: ‘A/E: H RUE Mo V.e -r o AT -LA N-7" ecActi THic oc.tp. P€Ph: I.n'c io mimr E. WA rT lc C. (,?. I TE, 11 51 OLE°, 00-1- Door: Prrio A AL LO) 111 (5 Ale Art' s 8R,c,K6 A) ,('flnorituT)(11('D otik.A4 brt LA)jic i4Ft A.)67- MpisAfT E: is; (-)60A)e,e,_ /up W 14) RE. Ar.-) -rule ir togs' if Gun f.; NOT SAP7)g run.K.,,TioAmL "77/E (-.K( R E.,44) 300 kt PA) ELVA L (IKE /(06 c1Q19 Afro rpp,ou p D 05, (JV efi 'To LISg PIW E(,).S' 1-0 11 4.,L.oLd -R 10 cf E7,< 1A.)(31-c:R. ()Ff.( -0 LAT 10A) AiNb I A) el6E v/ PE".4..,L LI IQ 1-1.115 p/1770 WILL eir: (-10 Rioz) ; 1 EuroPit L1J Ii0 u HE/0 PS; ,A Ai b 14 0 (1/16- lJ ELVR ke'ss 06( ,A,)s( Ef2.()-7- 27) A ciL L /,t'O, 1).R/sr-coil 19VARIANCEAPPLICATION07.08.2019 Agenda Item #4.A. 18 Feb 2020 Page 53 of 59 Agenda Item #4.A. 18 Feb 2020 Doc If 2019272594, OR BK 19018 Page 24, Number Pages: 2, Recorded 11/26/2019 10:03 AM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $18.50 DEED DOC ST $2495.50 PREPARED BY, RECORD AND RETURN TO: Osborne & Sheffield Title Services, LLC 4776 Hodges Boulevard, Suite 206 Jacksonville, Florida 32224 File #: 2019-726T Parcel Identification Number: 172027-5596 WARRANTY DEED THIS WARRANTY DEED made effective the 22nd day of November, 2019, by Anne Brockman, a single woman, hereinafter called Grantor, whose post office address is 2411 W. Colorado Ave, Unit 202, Colorado Springs, Colorado 80904, to David J. Kristoff and Linda M. Kristoff, husband and wife, hereinafter called Grantee, and whose post office address is 526 Selva Lakes Circle, Atlantic Beach, Florida 32233. (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations). WITNESSETH: THAT the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable considerations, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the said Grantee the following described land situate, lying and being in the County of Duval, State of Florida, to -wit: Lot 100 of SELVA LAKES UNIT TWO, according to the plat thereof as recorded in Plat Book 43, Pages 11, 11A and 11B, of the public records of Duval County, Florida. SUBJECT TO taxes accruing subsequent to December 31, 2019. SUBJECT TO covenants, restrictions and easements of record, if any, however, this reference shall not operate to reimpose same. TOGETHER with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. Warranzy nae (tadivklug) Page I oft Page 54 of 59 PREPARED BY, RECORD AND RETURN TO: Osborne & Sheffield Title Services, LLC 4776 Hodges Boulevard, Suite 206 Jacksonville, Florida 32224 File #: 2019-726T Parcel Identification Number: 172027-5596 WARRANTY DEED e:"RF. RDED County R a .1, U il,t Agenda Item #4.A. 18 Feb 2020 simpli�ile' Date: _J14 G 1 Time: ) 1! 1) THIS WARRANTY DEED made effective the 22nd day of November, 2019, by Anne Bruckman, a single woman, hereinafter called Grantor, whose post office address is 2411 W. Colorado Ave, Unit 202, Colorado Springs, Colorado 80904, to David J. Kristoff and Linda M. Kristoff, husband and wife, hereinafter called Grantee, and whose post office address is 526 Selva Lakes Circle, Atlantic Beach, Florida 32233. (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations). WITNESSETH: THAT the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable considerations, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the said Grantee the following described land situate, lying and being in the County of Duval, State of Florida, to -wit: Lot 100 of SELVA LAKES UNIT TWO, according to the plat thereof as recorded in Plat Book 43, Pages 11, 11A and 11B, of the public records of Duval County, Florida. SUBJECT TO taxes accruing subsequent to December 31, 2019. SUBJECT TO covenants, restrictions and easements of record, if any; however, this reference shall not operate to reimpose same. TOGETHER with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. Warranty Deed (individual) Page 1 of 2 Page 55 of 59 Agenda Item #4.A. 18 Feb 2020 AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. IN WITNESS WHEREOF, the said Grantor has set their hand and seal the day and year first above written. Signed, sealed and delivered in our presence: itne #1 signature Lev) ;/ Ac (.e.ck e Witness #1 printed name ness #2 si a re ii Witness #2 printed name STATE OF COUNTY OF Ali dhf 31) (L e ----- Anne Bruckman The foregoing instrument was acknowledged before me this 1 day of November, 2019, by Anne Bruckman, a single woman, who is/are p sonally known to me, has/have produced a valid driver's license(s) or has/have produced :- '„1 owl, 4t °.wo as identification. OM1 Warranty Deed (Individual) otary Public My Commission Expires: (Notary Seal) Page 2 of 2 .. a a DONNA LEILANI MAERTENS Notary Public Anne Arundel County Maryland My Commission Expires Dec 30, 2.019 Z-6 i' Page 56 of 59 Agenda Item #4.A. 18 Feb 2020 1252 PM Sat Dec 14 f elvalakes.com Selva Lakes HOA Request for Project Approval 1116 Iketv.is:-,1 Ithrel. te.k Lot,rp4qed by alt0 :,,ud'Irtbit to Use ARC tffiot tta THIS SECTION 15 TO BE COMPLETED BY THE HOMEOWNER Dave and Linda Lmkristoff@gmail.com Name: Kristoff Email: 523 Selva Lakes Circle Arldf ess: riwn„ 317-339-9145 ASAP 3 EST Codays EST. Start Date: mplete Date IN THE SPACE BELOW PLEASE DESCRIBE IN COMPLETE DETAIL THE PROPOSED WORK TO BE DONE Planning to build patio with pavers. Jorge Pereira is doing job and has done several in neighborhood. I am attaching drawing. 7' x 22 x 7 x 12 is size. He is using Sierra color pavers. He is using 6 t pavers, and 300 lbs sand for fillers • To expedite the process, pleasar include in the proposal brand, material, design, color, pea:we., contractor etc. • Please note all paint colors must be Benjamin Moore and in a flat thenen IMPORTANT: Homeowners are responsible for the conduct of the contractor. Homeowners are responsible and liable for any damage caused to common areas or adjace t properties„ When required by the City of Atlantic Beac per required f rk. If requir1d,fre submit copy of permit h this request. Homeowele Date Received b ARC ARC Signature. ARC Comments: AR( Decisien Date Page 57 of 59 Inbox STATUS UPDATE: Your Pavers project request has bee... 0 E Selva Lakes Homeowners Association, Inc. c/o Sclva Lakes Homeowners Association, Inc. P.O. Box 331365 Atlantic Beach, FL 32233 Customer Care: Fax: Wcbsitc: ,C,;7lvalaitt:s.com Date: December 28, 2019 Project Ref: [99407305] 526 Selva Lakes Cir Linda Kristoff 526 Sclva Lakes Cir Atlantic Beach FL 32233 Dear Linda Kristoff, I am pleased to inform you that the Sclva Lakes Homeowners Association, Inc. Architectural C'ommittcc has approved your application for the listed project item(s): Pavers The approval is contingent upon compliance with the specifications set forth in the approved application.If your change or addition requires a county, city or state permit, it is the responsibility oldie homeowner to obtain this before starting construction. Please do not reply to this message. If you have any questions or need to provide additional information, please c -mail us at aresla@gmail.com. Sincerely, The ARC' Committee Selva Lakes Homeowners Association, Inc. c/o Sclva Lakes Ilomcowners Association, Inc. P.O. Box 331365 Atlantic Beach, FL 32233 Main Phone: Fax: Website: 9 ; 4tlut1t::c.c° bxta Date: 12/28/2019 12:18:44 PM Project Ref: [99407305] 526 Selva Lakes C'ir Agenda Item #4.A. 18 Feb 2020 Page 58 of 59 LOT 101 e ere e—e I I, 1. 1 NALJ V V 1 V V V /9 %...• V V 1 '1 1 1 1 L.Id 1'.I 1...//-1, • LAKE -\..APPROXIMATE EDGE OF WATER S 05°2706" E 35.01' (R) S 05'09'12" E 35.12' (M) 3/4" (IP) SUBDIVISION BOUNDARY 3/4" OP) et CO o La w o o o3 Ln z r.41, co z APPROXIMATE TOP OF SLOPE 10')(10' JEA EQUIPMENT EASEMENTr. \ ET PAD LOT Rs./ 100 corte, 5.5' 5.4' 7- P CONC WALK • FLORIDA ROOM "P. TILE 15.7j33. WING WALL 1 AND 2 STORY FRAME AND STUCCO NO. 526 zq COVD 2.5' CONC ‘.5‘ PORCH - • r 20.9' CONC • - tri N 06`45'00" W 3.89' (R&M) 1/2" (IP) 1/2" REBAR LB 1704 PC LOT STEPPING STONES --1; TILE PA110N. 3•9\_WING WALL N .0.9' STEPPING STONES (OVER LINE) 3.8' " ' • 99 1 AND 2 STORY FRAME AND STUCCO NO. 530 CONC „'.DRIVE ON 1/2" iN 0645'00" W 34.99' (M) REBAR N 06'45'00" W 35.00' (R) 1.5' CURB & GUTTER BEARING REFERENCE UNE N 06'45'00 W 34.99' (M) N 06°45'00' W 35.00 (R) SELO,'" LAKES C/RCLE (60' R/W) P> 0 tz:7 tc1 Li tx1 Pz1 txi Zzj r-1 ti tx1 cn tz'J Pd H txi cn H cn H tx1 H C") H 1-3 L:'1 H cn t'l z cn GIAVU :0.1 GaIdIDIRD Pd H • cn • 0 H Pd.PIH rJ FLOOD ZONE "X" = AREAS DETERMINED TO BE OUTSIDE THE 0.25 ANNUAL CHANCE FLOOD PLAIN / FLOOD ZONE "X (SHADED)" = AREAS OF 0.25 ANNUAL CHANCE FLOOD: AREAS OF 15 ANNUAL CHANCE WITH AVERAGE DEPTHS OF I M'S THAN 1 FOOT OR WTH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEWES FROM 15 ANNUAL CHANCE FLOOD. c.) 0 1..."' I HEREBY CERTIFY THIS SURVEY WAS DONE UNDER MY DIRECT SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING PURSUANT „TO : CHAPTER 5J-17.050 THROUGH 17.052, FLORIDA ADMINISTRATIVE CODE,, CHAFTER 472, F.S. A SSOCIATED SURVEYORS INC LAND & ENGINEERING SURVEYS 3846 BLANDING BOULEVARD JACKSONVILLE, FLORIDA 32210 904-771-6468 CERTIFICATE OF AUTHORIZATION NO. LB 0005488 , GENERAL NOTES: 1. BEARINGS ARE BASED ON _P_LAT J3QQK 43, PAGE 11B. 2. STRUCTURE NO. 526 SHOWN HEREON UES WITHIN FLOOD ZONE_X_AS BEST DETERMINED FROM F.E.M.A. 8.000 MAPS PANEL N0. 408 DATED 11-.02,-2,018_ 3. THIS IS A SURFACE SURVEY ONLY. THE EXTENT OF UNDERGROUND FOOTINGS, PIPES AND UTIUTIES. IF ANY. NOT DE oNMINED. 4. JURISDICTIONAL AND/0R ENVIRONMENTALLY SENSITIVE AREAS IF ANY, NOT LOCATED BY THIS SURVEY S. THIS SURVEY BASED ON LEGAL DESCRIPTIONS FURNISHED. THE PUBUC RECORDS WERE NOT SEARCHED BY THIS SURVEYOR FOR EASEMENTS. 1111.E, COVENANTS, B.R.L'S RESTRICTIONS, CLOSURES. TAKINGS OR ORDINANCES, ETC. 6. THE HEAVY UNE SHOWN HEREON. MAY NOT INDICATE ACTUAL OWNERSHIP. 7. UNLESS OTHERWISE STATED ALL IRON PIPES FOUND HAVE NO IDENTIFICATION. L E E D A AC = AIR CONDITIONER BRL = BUILDING RESTRICTION LINE BT = BUILDING TIE BTN = BETWEEN (C) = COMPUTED FROM RECORD C&R = COVENANTS & RESTRICTIONS CH = CHORD (CNR) = CAN NOT READ CONC = CONCRETE COVD = COVERED EB = ELECTRIC BOX ET = ELECTRIC TRANSFORMER & PAD JEA = JACKSONVILLE ELECTRIC AUTHORITY L.= LENGTH_OF_ARC.__ P514 = PROFESSIONAL SURVEYOR & MAPPER R = RADIUS (R) = RECORD RLS = REGISTERED LAND SURVEYOR R/W = RIGHT OF WAY (TYP) = TYPICAL 0 SET IRON PIPE (IP) OR REBAR (88) "ASSOC sums* OR L8. 5488 •FOUND IRON PIPE (IP) OR PIN •FOUND CONCRETE MONUMENT (CM) •CROSS CUT OR DRILL HOLE NAIL & DISC X. @ •