FLAGLER COUNTY PLANNING BOARD · 2009-07-02 · FLAGLER COUNTY PLANNING BOARD Government Services Building Board Chambers 1769 East Moody Blvd., Bunnell, Florida 32110 DATE – July

FLAGLER COUNTY PLANNING BOARD Government Services Building

Board Chambers 1769 East Moody Blvd., Bunnell, Florida 32110

DATE – July 14, 2009 TIME - 5:00 P.M.

A G E N D A

1. Roll Call.

2. Pledge to the Flag.

3. Approval of Minutes of June 9, 2009 meeting. 4. Quasi-judicial requiring exparte communication: Application #2822

Project #2009040001 (TRC, PB, BCC)

- Review and recommendation on SPECIAL USE FOR A TELECOMMUNICATION TOWER IN THE AC (AGRICULTURE) ZONING DISTRICT; 12500 Highway 100 West, Bunnell, Florida; lying within Section 03, Township 12, Range 28 East, Flagler County, Florida; parcel #03-12-28-0000-01011-0010; containing 72.02± acres; Owner: Walton Cowart/Applicant: Verizon Wireless, c/o Laura Belflower, P.A.

5. Quasi-judicial requiring exparte communication: Application #2819

Project #2009030006 (TRC, PB, BCC)

- Review and recommendation on SEMI PUBLIC USE FOR CHURCH IN THE I (INDUSTRIAL) ZONING DISTRICT; 1 Enterprise Drive, Bunnell; lying within Section 22, Township 11, Range 30 East, Flagler County, Florida; Lots 1, 2 & 3 of Town & Country Business Park; containing 5± acres; Owner: Mullen Development /Applicant: Phillip King.

6. Quasi-judicial requiring exparte communication: Application #2829

Project #2009060001 (TRC, PB)

Planning Board action on SPECIAL EXCEPTION FOR A DROP OFF DRY CLEANER IN THE R/C (RESIDENTIAL/LIMITED COMMERCIAL) ZONING DISTRICT; 5054 N. Oceanshore Blvd., Palm Coast, Florida; lying within Section 40, Township 10, Range 31 East, Flagler County, Florida; parcel #40-10-31-5135-00030-0030; containing .37 acres; Owner: Salvatore Merendino/Fred Menna; Applicant: Jacqueline Brown & Doyle Jackson

7. Legislative: Review and recommendation of an amendment to the Flagler

County Land Development Code, titled similar to: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY, FLORIDA

PLEASE TAKE NOTICE THAT INDIVIDUAL COMMISSIONERS OF THE BOARD OF COUNTY COMMISSIONERS MAY ATTEND THIS EVENT. THE COMMISSIONERS WHO ATTEND WILL NOT TAKE ANY ACTION OR TAKE ANY VOTE AT THIS MEETING. THIS IS NOT AN OFFICIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY. THIS NOTICE IS BEING PROVIDED TO MEET THE SPIRIT OF THE SUNSHINE LAW TO INFORM THE PUBLIC THAT COMMISSIONERS MAY BE PRESENT AT THESE DISCUSSIONS.

PURSUANT TO SECTION 286.0105 OF FLORIDA STATUTES, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN THIS MEETING SHOULD CONTACT THE PLANNING & ZONING DEPARTMENT AT (386) 313-4009 AT LEAST 48 HOURS PRIOR TO THE MEETING.

AMENDING ARTICLE VII SIGNS OF THE FLAGLER COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR FINDINGS; AMENDING SECTION 7.00.03 DEFINITIONS; AMENDING SECTION 7.02.02 PROHIBITED SIGNS; AMENDING SECTION 7.03.01 INDIVIDUAL COMMERCIAL OR INDUSTRIAL USES; DELETING 7.03.01(3) PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE STATE ROAD CORRIDORS OF SR A1A, SR 11 AND SR 100; RENUMBERING SECTION 7.03.04 TO 7.03.03; RENUMBERING SECTION 7.03.05 TO 7.03.04; AMENDING SECTION 7.05.00 PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE I-95 AND U.S. #1 CORRIDORS; REPLACING SECTION 7.05.01 I-95 AND U.S. #1 FRONTAGE AREAS AND ADDING SECTIONS 7.05.02, 7.05.03, AND 7.05.04; AMENDING SECTION 7.06.03 CONTINUANCE OF NONCONFORMITIES; AMENDING SECTION 7.06.05 RECONSTRUCTION AFTER CATASTROPHE; ADDING SECTION 7.08.06 ENFORCEMENT AND PENALTIES FOR OFFSITE SIGNS; PROVIDING FOR CODIFICATION AND SCRIVENER’S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

(LRPB, PB, BCC, BCC)

8. Staff Comments a. Variance discussion

9. Board Comments

10. Adjournment.

FLAGLER COUNTY PLANNING BOARD Flagler County Government Services Building

Board Chambers 1769 East Moody Blvd., Bunnell, FL

MEETING MINUTES Tuesday, June 9, 2009

5:00 P.M.

Page 1 of 5 These minutes are unofficial until adopted by the Planning Board.

DRAFT MEMBERS PRESENT: Mark Langello, Betty Jo Strickland, Russ Reinke, Luis Medeiros, Herb

Whitaker MEMBERS ABSENT: William Kogut, Richard Summerlin STAFF PRESENT: Adam Mengel, Planning Director; Sally Sherman, Deputy County

Administrator; Gina Lemon, Development Review Planner III BOARD COUNSEL: Donna Wysong, Deputy County Attorney 1. Roll Call A quorum was present and the meeting was called to order at 5:05 PM. 2. Pledge of Allegiance Mr. Langello led the Pledge of Allegiance to the Flag

3. Approval of minutes of May 12, 2009 and May 26, 2009 meeting

Mr. Langello noted that the May 12, 2009 minutes had two number 6 items as the numbering was not correct. A MOTION was made by Mr. Medeiros and SECONDED by Mr. Reinke to approve the Meeting Minutes from the May 12 and May 26. 2009 meeting with the noted correction to the May 12, 2009 minutes.

MOTION CARRIED unanimously

.

4. Application #2821;

Project #2009030014 (TRC, PB)

VARIANCE FOR RELIEF OF 12.4’ FROM THE REQUIRED 25’ SIDE YARD SETBACK AND 25.2’ FROM THE REQUIRED 50’ REAR YARD SETBACK FOR A SHED IN THE AC (AGRICULTURE) ZONING DISTRICT; 775 Old Haw Creek Road, Bunnell, Florida; lying within Section 22, Township 12, Range 30 East, Flagler County, Florida; parcel #22-12-30-0650-000A0-0071; containing 5 acres±; Owner: Zeki A. and Verna J. Orhun / Applicant: Verna Orhun.

Mr. Mengel advised that the applicant for this variance request was present and this is a quasi-judicial hearing. He noted the is 12.4 feet from the required 25 foot side yard setback and 25.2 feet from the required 50 foot rear setback. Mr. Mengel pointed out a well/pump house that has been placed on the property and the original home application had anticipated water service to be provided by the City of Bunnell but instead the well was required. He suggested that the issues being heard this evening could have been avoided had the understanding that potable water would not be available from Bunnell been clarified when the well was dug. Mr. Mengel said the owners constructed a 15.2 foot by 12.2 foot shed used to enclose the well/pump and reverse osmosis system without applying for a permit.




5:00 P.M.


Ms. Strickland said she believed these setback requirements were rather large if the purpose is to prevent neighbors from being infringed upon. She also wondered when the determination that the Bunnell water hook up was not going to be viable was established. Mr. Mengel explained that the larger the lot requirements the larger the setback requirements is a standard for Flagler County as you anticipate agricultural activities in the AC areas. He also noted that the Health Department approved the well following appropriate permitting but without regard to zoning requirements. Mr. Reinke suggested that he believed the size of the shed seemed extremely large to house well and pump equipment. Mr. Langello said he did not believe the information about the newly built home answered the issue described in Criteria 3 concerning the fact that “such conditions are peculiar to the particular piece of property involved and not created by actions of the applicant;” Mr. Mengel answered a question from Ms. Strickland by explaining that the Florida Power and Light easement only extends about two thirds of the way down the property line. The applicant, Verna Orhun, explained that the City of Bunnell water supply pipe ends in the middle of the five acre lot next to hers. She said she would have been required to extend that pipe at least 175 feet and the engineer she consulted said it would cost $20,000 to just draw up the plans without even considering the costs of the pipe and plumbing to the house. Ms. Orhun said the engineer did not recommend the connection so she had the well dug. She explained that she was not aware of the requirement to secure a permit to build the shed to cover her well pump. Ms. Orhun noted that she later learned that a small cover for the pump would not have required a permit but she needed the larger shed as the pump would take up about 80% of the area depending on the size of the holding tank for the reverse osmosis. She said the Health Department advised her that she cannot drink the well water or use it to water the lawn without the reverse osmosis. Mr. Reinke suggested that if Ms. Orhun had built the shed another ten (10) feet away from the lot line there would not have been a setback problem and it would have provided adequate coverage for the pump. Ms. Orhun explained that the well is only fifteen (15) feet from the lot line so moving the position of the shed would not solve the problem. Mr. Langello reminded Mr. Reinke that the Health Department well permit was issued without regard to zoning requirements and he added that the pump does not have to be over the well as an elbow can be attached to position the pump elsewhere. Ms. Orhun responded to a question from Mr. Whitaker by saying that the Health Department required that the well be at least 75 feet away from the septic system and 150 feet away from the water main. She also noted that it is unlikely that any building would occur nearby so the shed would not be considered unsightly to neighbors. Ms. Orhun said the shed has a concrete slab under it so moving the shed would require having another concrete slab poured.

The Chairman opened the Public Hearing.




5:00 P.M.


There were no comments from the Public. Ms. Wysong advised that the variance criteria must be considered based on the facts of the

situation. She did say that Ms. Strickland’s description of the property as pristine noting the creek is unique to the property can be considered as extraordinary and exceptional but whether they are unique to the property is another issue and would be subject to her own interpretation.

Mr. Langello reminded the Board members that this is a final decision that will not be recommended

to the Board of County Commissioners. Ms. Wysong noted that an appeal of the Planning Board decision would go to the Board of County Commissioners.

Ms. Orhun said it would likely cost about $2,000 to move the shed and pour another slab.

A MOTION was made by Mr. Whitaker and SECONDED by Ms. Strickland that subject to the Planning Board’s findings the Planning Board recommends approval of variance application number 2821 and finds that it meets the Variance Criteria listed at Section 3.07.03E and approves the variance for a side yard setback Variance of 12.4’ from the required 25’ side yard setback and 25.2’ rear yard setback Variance from the required 50’ rear yard setback in the AC (Agriculture) District. Mr. Reinke suggested that money cannot be considered a hardship as that is not a criterion listed in our Land Development Code. He said the shed can be moved and the facts of law should be upheld. Mr. Langello disagreed and said that finance can be considered a hardship based legal advice given on a previous case the Board heard. He also suggested that moving the shed would not affect the pristine nature of the property.

MOTION CARRIED – Aye – Mr. Whitaker, Mr. Medeiros, Ms. Strickland

Nay – Mr. Reinke, Mr. Langello

Mr. Langello suggested that the Land Development Code be changed to allow the possibility of 4 out of 5 criteria for a variance is necessary for approval. Mr. Reinke reminded the other Board members that their job is to render decisions based on requirements. Mr. Whitaker said there would be no ability to grant or even hear a variance if there was not room for interpretation. Ms. Wysong suggested that the Board’s discussion is exactly like the kind of discussion that a panel of judges would have and she noted that the judges can all hear the same facts but come away with varying opinions of the law. Ms. Wysong explained that the history of variance law is that it should be fairly difficult to receive a variance approval because it is an exception to the Land Development Code that was set up. She said you do not want to just hand out variances but rather that exceptional circumstances do truly exist. Ms. Wysong noted that once you provide a non-conforming situation you can never take it back however judgment does play a role and each person may reach a different conclusion. Mr. Reinke and Mr. Langello asked that Ms. Wysong bring back whatever research information she can find regarding variances. Mr. Reinke also explained that he chooses to weigh the hardship by determining whether or not the result will change the person’s quality of life or merely the esthetic or cosmetic quality of their life.




5:00 P.M.


Mr. Mengel did say the Planning Board can initiate a change to the Land Development Code to allow 4 out of 5 criteria be met to approve a variance however he suggested that more direction from the legal side might be needed first before proceeding. He also explained that the Land Development Code Rewrite committee is now in hiatus until the new Comprehensive Plan is completed.

6. Staff Comments There were no staff comments.

7. Board Comments a. By-laws Mr. Mengel noted that a change to Section 9 which would now read:

Section 9. NOTICE OF INABILITY TO ATTEND MEETING

. Each member of the Planning Board that will not be able to attend a scheduled meeting shall, at the earliest possible opportunity, advise the County staff liaison. The County staff liaison shall notify the Chairman in the event that projected absences will produce a lack of a quorum. If any appointed member of the Planning Board fails to attend three (3) unexcused consecutive, regularly scheduled meetings or five (5) of twelve (12) regularly scheduled meetings, special meetings, or workshops of the Planning Board, the County staff liaison shall notify the County Administrator. The County Administrator is directed to present to the Board of County Commissioners the name of any appointed member of the Planning Board who has failed to attend three (3) unexcused consecutive, regularly scheduled meetings or five (5) of twelve (12) regular or special meetings or workshops of the Planning Board. The Board of County Commissioners shall determine whether in such circumstances it shall declare the position vacant and to obtain a successor applicant for membership with the Planning Board. For purposes of this section, “unexcused” shall mean the failure of a member to provide prior notice (via telephone, fax, and/or e-mail) of the member’s absence at a Planning Board regularly scheduled meeting, special meeting, or workshop.

Mr. Langello suggested that the word “unexcused” be removed as making a phone call or Email should not excuse their non-attendance. Mr. Mengel suggested that the “unexcused” language is part of the Board of County Commissioner’s (BOCC) Ordinance regarding consistent Bylaws for Advisory Boards. Ms. Wysong suggested that the Board can at any time ask staff to report an attendance issue to the BOCC. Mr. Whitaker said he believes that if all the other Advisory Groups have the unexcused language then the Planning Board should conform and use that same language.

A MOTION was made by Mr. Medeiros and SECONDED by Mr. Whitaker to approve the Bylaws as written. Mr. Mengel answered Mr. Whitaker by saying that most Advisory Boards have Bylaws and those groups have generally approved the BOCC prescribed format.

MOTION CARRIED – Aye - Mr. Medeiros, Mr. Whitaker, Ms. Strickland

Nay – Mr. Langello, Mr. Reinke

8. Adjournment Ms. Strickland asked Mr. Mengel if there was any feedback on the work that the Planning Board put

into review of the Evaluation and Appraisal Report (EAR). Mr. Mengel noted that a CD was determined to be too difficult to produce so a list of the Board’s suggestions was developed. He




5:00 P.M.


said the BOCC’s member’s comments reflected their review of the suggestions. Mr. Mengel said he will share any comments.

A MOTION was made by Mr. Medeiros and SECONDED by Mr. Reinke to adjourn.

MOTION CARRIED unanimously.

The meeting was adjourned at 6:53 P.M.

The next Planning Board Meeting is Tuesday, July 14, 2009 at 5:00 P.M.

Flagler County Government Planning and Zoning Department

Staff Report

TO: Chairperson and Planning Board Members FROM: Planning and Zoning Department DATE: July 14, 2009 SUBJECT: Application #2822 – Special Use for 247’ Telecommunication Tower

in the AC (Agriculture) District I. Requested Action & Purpose: The request is for a 247’ self-supported

telecommunication tower including maximum height of all appurtenances in the AC (Agriculture) District.

II. Location and Legal Description: 12410 Highway 100 West, lying within

Section 03, Township 12 South, Range 28 East, Flagler County, Florida; Parcel # 03-12-28-0000-01011-0010.

III. Owner: Walton Cowart / Applicant: Verizon Wireless

Agent: Laura A. Belflower, P. A.

IV. Parcel Size: 72.02 ±acres V. Existing Zoning & Future Land Use Classification:

Zoning: AC (Agriculture) District Future Land Use: Agriculture & Timberlands VI. Future Land Use Map Classification / Zoning of Surrounding Land:

North/East/West: Agriculture & Timberlands / AC (Agricultural) District South: Agriculture & Timberlands and Conservation / AC (Agriculture) District

VII. Land Development Code Sections Affected: Section 3.06.05 Public, Semi-

Public and Special Uses and specifically Subsection 3.06.05.F “Special siting criteria for telecommunication towers”.

VIII. Report in Brief: The request is to locate a telecommunication tower that will

accommodate three or more users on the subject property. The maximum overall height of the requested tower will be 247’ (including all appurtenances). The subject parcel is 72.02 acres in size and currently used as pasture for cattle. The tower structure will be located within a 100’ x 100’ lease area accessed by a proposed driveway connection to State Road 100 West through an access easement 20’ in width extending from the property line to the lease site. The

7/14/09 Planning Board App #2822 / Project #2009040001 Page 2 of 5

tower structure will lie approximately 100’ north of the State Road 100 West right-of-way. The lease area will be fenced and landscaped with evergreen trees maturing to a minimum of 8’ tall with 10’ separation and installation of a continuous hedge. The application submittal package includes the following required statements/certifications:

• Verizon Wireless Statement of Need advising that there are no existing towers or existing structures of sufficient height on which to collocate an antenna.

• Copy of FAA “Determination of No Hazard to Air Navitation” Aeronautical Study No. 2009-ASO-549-OE bearing expiration date of 09/13/2010, providing conditional verification that the structure would not be a hazard to air navigation.

• Tower design verification by Ta-Wen Lee, PhD, PE of FWT that should the 247’ self support tower structure fail, it would fall within a 100’ radius.

• Tower Abandonment Removal Statement acknowledging that Verizon Wireless will reactivate or dismantle the tower within 90 days of abandonment determination by Flagler County.

IX. Standards for Review: Special uses may be permitted as follows:

3.06.05.C.2: Major utility installations, including telephone and telegraph buildings over 1,000 square feet, electric transmission lines exceeding 115KV, natural and artificial gas production plants, radio and television stations and towers, water and sewer treatment plants, rapid infiltration basins, off-site potable water storage tanks, sewage and sludge disposal sites, electronic transmissions towers, wellfield installations and such similar major utility installations, may be permitted in any district, provided that application is made to the planning board for its review and recommendations to the county commission.

Section 3.06.05(F): “Special siting criteria for telecommunication towers”, identifies eight (8) compatibility factors to be considered in granting special use permits for telecommunication towers. In making its determination, the board shall be guided by the following land use compatibility factors to be considered in granting special use permits for telecommunication towers.

A. Telecommunication towers shall be located and buffered to ensure

compatibility with surrounding land uses. To help ensure such compatibility, the following will be considered:

The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one (1) or more of


these criteria if the governing authority concludes that the goals of this ordinance [subsection] are better served thereby:

1. Height of the proposed tower as measured according to subsection

(8)(g); Analysis

: Section 3.06.05(F)(8)(g) of the Flagler County Land Development Code limits communication towers to 150 feet if constructed for single users or 250 feet if constructed for two (2) users. The Code states that the applicant must meet a two part test to be considered to be constructed for two or more users: first, the applicant must demonstrate that the tower will be constructed to provide sufficient excess capacity for an additional user; and, secondly, the applicant must consent in writing to the County that one or more additional ‘comparable’ users will be allowed to use the tower where feasible.

The application submittal package demonstrates that the tower will be constructed to provide capacity for three users in addition to Verizon Wireless. An October 6, 2008 Letter of Intent by Ramesh Toolsie, Verizon Wireless, provides notarized commitment to allow shared use of the tower. [Note: The LDC at Sec. 3.06.05.F.(8)(g)2. permits a 300-foot maximum tower height in non-residential zoning districts when constructed for three (3) or more users; County staff views Verizon’s desire to co-locate up to three (3) users in a shorter tower height of 247-feet as desirable and consistent with the maximum tower height listed in this section.]

2. Proximity of the tower to residential structures and residential

district boundaries; Analysis

: The parcel is located in a rural area of Flagler County and the nearest residence is located off-site and approximately 795’ (322% of the height of the tower) away from the proposed tower which exceeds the minimum distance requirement of 300’ or 200% of the height of the tower. The surrounding zoning district is AC (Agriculture) and not residential.

3. Nature of uses on adjacent and nearby properties; Analysis: Existing uses on adjacent properties consist of agricultural uses such as cattle pastures and timberlands with single family residences on large tracts of land, all lying beyond the minimum distance requirement for separation between the proposed tower and residences. The proposed tower meets the


Staff Report

TO: Chairperson and Planning Board Members FROM: Planning and Zoning Department DATE: July 14, 2009 SUBJECT: Application #2819 – Semi Public Use in the Industrial District I. Requested Action & Purpose: The request is for a Church in the I (Industrial)

District. II. Location and Legal Description: 1 Enterprise Drive, Bunnell, FL; Parcel # 22-

11-30-5780-00000-0010; Lot 1, Town & Country Business Park. III. Owner: Mullen Development Inc.

Applicant: New Found Favor Ministries, Inc., Phillip King, Pastor

IV. Parcel Size: 1.41 ±acres / Units: 4, 11 & 12, Town & Country Business Park V. Existing Zoning & Future Land Use Classification:

Zoning: I (Industrial) District Future Land Use: Industrial VI. Future Land Use Map Classification / Zoning of Surrounding Land:

North/South/East/West: Agriculture and Timberlands / AC (Agricultural) District VII. Land Development Code (LDC) Sections Affected: 3.06.05 Public, semi-

public and special uses. If approved, the Planning Board shall specify any requirements or conditions in the form of natural buffers, screening, landscaping, limited access or limited hours of operation or other site development restrictions that may be imposed by the planning board to protect the health, safety and welfare of the public or surrounding property owners. Should the Planning Board through their review of the accompanying Site Development Plan submittal specify any requirements or conditions in the form of natural buffers, screening, landscaping, limited access or limited hours of operation or other site development restrictions, the Board may at its discretion require subsequent review and public hearing(s) on the amended Site Development Plan showing these changes. The Planning Board's recommendation and the reasons therefore, shall be forwarded to the County Commission for its review and decision. The County Commission hearing will be scheduled following required public notice.


This agenda item is: __X__ quasi-judicial, requiring disclosure of ex-parte communication; or _____ legislative, not requiring formal disclosure of ex-parte communication.

VIII. Summary: The request is for approval of a Semi-Public Use in the I (Industrial)

District for a church and accessory daycare use within an office/warehouse development on a 1.41 acre parcel in the Town & Country Business Park. Per Section 3.06.05(B)(1) Semi-Public Uses may be permitted in any district provided that the request for such use is officially made to the Planning Board by the semi-public body desiring such use. The Planning Board recommendation is forwarded to the County Commission for final decision. The subject church is to be located on property owned by Mullen Development, Inc. at the request of New Found Favor Ministries, Inc. in office/warehouse space. Access to the site will be from Enterprise Drive, a publicly dedicated paved road. The church use will occupy a total of 2,275 sf ± within the existing office/warehouse building and provide a maximum of 96 seats on 12 twelve foot long pews. These 96 seats will require 24 of the existing 47 parking spaces for the church use. The applicant has submitted a partial site plan of the existing development for the Town & Country Business Park office/warehouse building. The partial site plan indicates the location of the subject units within the building. The Town & Country Business Park office/warehouse building as currently developed conforms to the I (Industrial) District site development criteria. The proposed church use includes an accessory daycare use for up to 12 children, which will utilize an existing fenced area at the rear of the building for outdoor playground.

This application has been reviewed by the Technical Review Committee. The application requesting the Semi-Public Use is sufficient for recommendation by the Planning Board.

IX. Semi-Public Use Criteria Analysis: Land Development Code Section 3.06.05(B) provides that public uses may be permitted as follows:

Standard: Any public or semipublic use may be permitted in any land use district provided that the request for such use is officially made to the Planning Board.

Analysis: The Planning Department received the subject request from Mr. Phillip King and New Found Favor Ministries on March 18, 2009 for presentation to and recommendation from the Planning Board prior to request for final decision by the Board of County Commissioners.

Standard: The Planning Board shall determine whether or not such requested use is consistent with the adopted comprehensive plan and whether the use is necessary or desirable to support projected community needs.


utilize the existing parking improvements. The property is accessed from a publicly dedicated paved road. The site is an existing business facility in which the church activities will occur outside of normal business hours; however, the daycare drop-off and pickup would occur during morning and afternoon hours. The applicants propose to use the parking spaces in front of their unit for drop-off and pickup of the children. The church use should not interfere with or be injurious to the health, safety and welfare of the public, surrounding properties or neighborhoods.

Standard: The Planning Board shall consider the impact of the proposed use on land development patterns, on important natural resources, and, where applicable, the cost effectiveness of service delivery.

Analysis: As proposed, the church use will occur within the existing commercial development of the site. The area is currently supported by Flagler County for emergency response, with water and wastewater provided by onsite well and septic. Garbage collection, telephone and electric would be through private providers currently servicing the area.

Standard: The Planning Board also shall determine whether the proposed use will impose any substantial detrimental effects on the living or working conditions in the neighborhood.

Analysis

In accordance with Section 2.07.00, a legal advertisement was published in the Flagler Palm Coast News Tribune, the property was posted with notification signs, and letters were mailed to those property owners within 300 feet of the subject property.

: The semi-public use for a church as proposed does not appear that it will impose any substantial detrimental effects on the neighborhood. The applicants are not proposing any changes to the existing commercial development.

Section 3.06.05 (C) requires that the Planning Board shall determine whether sufficient factual data was presented in order to render a decision. If the planning board determines that sufficient factual data was presented, then it shall recommend to either:

(1) Approve the request as submitted; (2) Approve the request with conditions; or (3) Disapprove the request.

X. Recommendation: The Planning Department recommends approval of Application #2819 for a Semi-Public Use for a church and ancillary uses (i.e.


Analysis: The current comprehensive plan is silent to semi-public uses and/or church uses in particular. Staff notes that there are existing church facilities located along U.S. Highway 1, White View Parkway and Palm Coast Parkway providing diverse multi-denominational opportunities for citizens of the County.

Standard: Public or semi-public uses and structures may be located in any land use district upon recommendation of the Planning Board, based in part on the submittal of a site plan showing site alterations, improvements to be made, and proposed buffers and conceptual landscaping plans.

Analysis

The 47 existing parking spaces are sufficient for the office/warehouse development. Based on an office/warehouse use, Units 4, 11 and 12 would require 5 of the 47 spaces. The proposed church will provide seating for 96 attendees resulting in 24 required parking spaces. The applicants do not intend to increase the existing parking area by adding the 19 spaces to achieve the required 24 spaces for the church use. Instead, their intent is to utilize the existing parking area for the church use which will occur outside of normal business hours of the office/warehouse tenants. The joint use of existing spaces and relief from the provision of required parking spaces specifically for the church use must be granted by the Board of County Commissioners. Flagler County Land Development Code, Section 3.06.04(D) provides that following review and recommendation by the Planning Board, the Board may permit less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in the adopted parking requirements. Section 3.06.04(D)2 specifies that the Commission may allow deviations from the parking requirements when it finds that there are unique circumstances such as environmental concerns or public and semipublic uses including parks, churches, organizations operating as a nonprofit activity serving a public purpose, noncommercial clubs, cultural activities, etc.

: The applicants have submitted a partial site plan locating the subject unit within the existing office/warehouse development, specifically units 4, 11 and 12. The subject office/warehouse development is in compliance with LDC criteria for the Industrial District. Interior improvements to accommodate the church/daycare occupancy must be reviewed by the Building Department and permitted as appropriate. The proposed use must comply with all Florida Building Code requirements.

Standard: The permitted location of public or semi-public uses or structures shall be such as not to be injurious to the health, safety and welfare of the public and shall protect the existing character of the surrounding properties or neighborhoods.

Analysis: The applicants do not propose changes to the existing office/warehouse development. They will occupy approximately 2,275 s.f. and


daycare) at 1 Enterprise Drive, Units 4, 11 & 12, subject to the following conditions:

1. Interior improvements necessary to accommodate the change of use/occupancy of the existing units from office/warehouse to church/daycare must comply all Florida Building Code requirements and be permitted through the Flagler County Building Department and comply with all fire and health and safety regulations as necessary; and

2. This Semi-Public Use Approval will expire with the termination of the lease for Units 4, 11 and 12 at 1 Enterprise Drive.

XI. Suggested Motion: The Planning Board recommends to the Board of County Commissioners approval of Application #2819 for a Semi-Public Use for a church and ancillary uses (i.e. daycare) at 1 Enterprise Drive, Units 4, 11 & 12, subject to the following conditions:

1. Interior improvements necessary to accommodate the change of use/occupancy of the existing units from office/warehouse to church/daycare must comply all Florida Building Code requirements and be permitted through the Flagler County Building Department and comply with all fire and health and safety regulations as necessary; and

2. This Semi-Public Use Approval will expire with the termination of the lease for units 4, 11 and 12 at 1 Enterprise Drive.

1. Application and supporting documents.

Attachments


Staff Report

TO: Chairperson and Planning Board Members FROM: Planning and Zoning Department DATE: July 14, 2009 SUBJECT: Application #2829– Special Exception to allow a Dry Cleaning - Drop

Off Business in the R/C District. I. Requested Action & Purpose: The request is for a Special Exception to allow a

dry cleaning drop off business in the R/C District. II. Location and Legal Description: 5054 N. Oceanshore Blvd; Parcel #40-10-31-

5135-00030-0030. III. Owner and Applicant:

Owners: Salvatore Merendino & Fred Menna. Applicant: Jacqueline Brown and Doyle Jackson.

IV. Lot Size: 17,059± square feet. V. Existing Zoning & Land Use(s):

Zoning – R/C Land Use – Mixed Use Low Intensity

VI. Future Land Use Map Classification/Zoning of Surrounding Land:

North: Mixed Use Low Intensity / R/C District, single family residence. East: Mixed Use Low Intensity / R/C District, existing office and vacant

land. South: Mixed Use Low Intensity / R/C District, vacant with approval of

Special Exception for office use. West: Mixed Use Low Intensity / R/C and R-1 Districts, residential single-

family. VII. Land Development Code Sections Affected: Section 3.07.03 Procedures for

Special Exceptions and Variances, specifically 3.07.03(F.) Special Exception Guidelines.

VIII. Report in Brief: The applicants, Jacqueline Brown and Doyle Jackson, filed an

application with the Planning Department on June 10, 2009 for a special

7/14/09 Planning Board App# 2829/ Project #2009060001

Page 2 of 5

exception to allow a dry cleaning drop off business in the R/C district. The R/C zoning district provides that a special exception may permit the requested use. The subject property is currently developed with an existing 3 unit building constructed in 1988. Most recent approval granted for this property and specifically for the same unit was an approval for a Special Exception for a nail salon which did not open. The other business activity approved for this location is a Special Exception for “specialty retail”/ Home Theater Showroom and Direct TV office in two of the three units, totaling 1,400 square feet. This request will occupy the remaining unit within the existing building. There are 10 parking spaces provided meeting the minimum space size criteria of the Land Development Code. Ten spaces are adequate parking for the proposed use, as well as the approved home theater office and Direct TV office located in the same building. Development within the A1A Scenic Corridor is subject to the criteria adopted by Ordinances 2001-26 and 2004-11. Scenic A1A PRIDE Committee through Vice Chair Marianne McNeil provided correspondence dated June 19, 2009 supporting the request for a Special Exception for a dry cleaning drop off facility with the understanding that there will be no cleaning done at the location and the current signs and lighting will remain with only a change of information.

IX. Special Exception Criteria Analysis: Section 3.07.03, (F), Special Exception Guidelines, states that the Planning Board shall hear and decide upon requests for special exceptions as authorized by land classifications. The board may approve, with conditions, requests which are in harmony with the intent and purpose of the regulations. In making its determination, the board shall be guided by the following:

1. Ingress to and egress from the property shall provide for automotive and pedestrian safety and convenience, shall not unduly interfere with traffic flow and control, and shall provide access in case of fire or catastrophe.

Applicant response

: Addressed on the site plan.

Analysis: The access is through an existing single curb cut servicing the commercial use from State Road A1A.

2. Offstreet parking and loading areas shall be provided as required, shall

take into account relevant factors in subsection 1. preceding, and shall be located to minimize economic, noise, glare or odor effects on adjacent and nearby properties.

Applicant response



Page 3 of 5

Analysis: The applicant is leasing 627 s.f. and requires a minimum of 3 parking spaces. There are currently 9 parking spaces and 1 handicapped space. Ten parking spaces are sufficient to support the approved Special Exception for home theater office and Direct TV office as well as the requested dry cleaning drop off use.

3. Refuse and service areas shall be located with consideration for relevant

factors in subsections 1. and 2. preceding.

Applicant response

: Garbage will be handled through curbside service. No dumpster is needed for this type of business.

Analysis: The site plan indicates that there will be two 30-gallon refuse containers located in the rear of the building. Refuse is handled by curbside pickup; letter received on 6/15/09 from WastePro stating their ability to service this location. Screening must meet criteria in LDC, Section 3.06.11(C) and the site plan indicates existing heavily wooded area across the rear of the lot.

4. The proposed use shall be compatible with the availability and location of

utility services, whether public or private.

Applicant response

: This is an existing building which currently has operational utilities.

Analysis: Water is supplied by the City of Palm Coast. The project has been granted an Existing Septic Approval from the Environmental Health Dept. of Flagler County for on-site disposal of waste.

5. Screening and buffering shall be provided which preserves or improves

compatibility and harmony of use and structure between the proposed use and adjacent and nearby properties, according to the type, dimensions and character of the proposed use.

Applicant response

: The applicants have advised staff that they will work with the tenant of the adjacent unit within the same building to improve the landscaping material along the front buffer area of the property.

Analysis: There is minimal landscaping provided in the front of the property that should be enhanced to meet the spirit of the A1A Scenic Overlay criteria. Discussions with the applicant at the TRC meeting indicate participation with the adjacent tenant for improved landscape material at the front of the site.

6. Signs and exterior lighting, if any, shall maintain traffic safety and minimize

glare and economic effects on adjacent and nearby properties.


Page 4 of 5

Applicant response

: Existing signs and lighting will remain as is with exception of change of information on sign to identify dry cleaning drop off business.

Analysis: Permits required for sign face changes and all lighting must meet LDC, Section 6.05.05 Marine Sea Turtles. The existing sign, through previous special exception applications, was found to be non-conforming due to its size, height and location. The applicants do not propose any increase in sign size, height or propose any change in location, their only desire is to change the copy on the sign to identify their business if approved. All proposed signage must comply with Flagler County Land Development Code criteria and is subject to building permit requirements.

7. Required yards and open spaces shall be provided.

Applicant response


Analysis: This building was constructed in 1988. There are no changes to the existing yard area or open space proposed.

8. The height of structures shall be in harmony with that of adjacent and

nearby uses and structures.

Applicant response

: This is an existing one story building.

Analysis: This is an existing one story building and the zoning district's maximum building height limit is 35'. There are no changes proposed for the existing structure that would affect the height of the structure.

9. The economic effect of the proposed use on adjacent and nearby

properties shall be positive.

Applicant response

: The economic effect of the proposed use on adjacent and nearby property shall be positive due to the nature of the business.

Analysis: The request is to change the approved use by Special Exception from Beauty Salon (nail salon) to a dry cleaning drop off business. Currently there are no dry cleaning establishments located within the Hammock area. The addition of this use will provide the surrounding area with increased variety of service without increasing impacts such as additional curb cuts to SR A1A.


Page 5 of 5

X. Staff Recommendation: Staff has no objection to the approval of Application #2829, Special Exception to allow a dry cleaning drop off business in the R/C District.

XI. Suggested Adoption Language: The Planning Board finds that Application #2829, Special Exception to allow a dry cleaning drop off business in the R/C District meets the Special Exception Guidelines and is therefore approved, conditioned upon the following:

1. All signage to be in compliance with Flagler County Land Development

Code criteria; and 2. All lighting is to conform to the LDC’s provisions related to Marine Sea

Turtle lighting; and 3. Screening or enclosure (not overhead) of refuse collection areas; and 4. Enhancement and continuing maintenance of landscaping adjacent to

State Road A1A.

1. Application and supporting documents Attachments


Staff Report

TO: Chairperson and Planning Board Members FROM: Planning and Zoning Department DATE: July 14, 2009 SUBJECT: Amendment to Article VII – Signs of the Flagler County Land

Development Code

I. Requested Action & Purpose: Review and recommendation to the Board of

County Commissioners for AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY, FLORIDA AMENDING ARTICLE VII SIGNS OF THE FLAGLER COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR FINDINGS; AMENDING SECTION 7.00.03 DEFINITIONS; AMENDING SECTION 7.02.02 PROHIBITED SIGNS; AMENDING SECTION 7.03.01 INDIVIDUAL COMMERCIAL OR INDUSTRIAL USES; DELETING 7.03.01(3) PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE STATE ROAD CORRIDORS OF SR A1A, SR 11 AND SR 100; RENUMBERING SECTION 7.03.04 TO 7.03.03; RENUMBERING SECTION 7.03.05 TO 7.03.04; AMENDING SECTION 7.05.00 PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE I-95 AND U.S. #1 CORRIDORS; REPLACING SECTION 7.05.01 I-95 AND U.S. #1 FRONTAGE AREAS AND ADDING SECTIONS 7.05.02, 7.05.03, AND 7.05.04; AMENDING SECTION 7.06.03 CONTINUANCE OF NONCONFORMITIES; AMENDING SECTION 7.06.05 RECONSTRUCTION AFTER CATASTROPHE; ADDING SECTION 7.08.06 ENFORCEMENT AND PENALTIES FOR OFFSITE SIGNS; PROVIDING FOR CODIFICATION AND SCRIVENER’S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

II. Land Development Code Sections Affected: Article VII, Signs

III. Report in Brief: This request is legislative in nature (not quasi-judicial) and

does not require disclosure of ex parte communication. The Board of County Commissioners (BCC), following public hearings held on April 20, 2009 and May 4, 2009, adopted a Billboard Moratorium Ordinance to set a temporary moratorium on the submittal of new building permits, land development applications and zoning requests related to offsite advertising until August 4, 2009. The ordinance provided “zoning in progress”, a public acknowledgement of the intent of a local government to evaluate its land development regulations and set parameters for such

Text Amendment LDC, Article VII - Signs Page 2 of 3

consideration. Following the moratorium action by the BCC, staff has reviewed the current sign regulations with specific focus on offsite advertising signs (billboards) and has prepared the attached draft amendments to Article VII Signs of the Land Development Code. Citizens have offered suggestions on the proposed amendment through correspondence to staff. Each of the proposed versions of the amendments to Article VII Signs of the Land Development Code reduce distraction to drivers along public and private roadways in Flagler County and make provisions for control of the aesthetic attractiveness of the natural and man-made attributes of Flagler County. Generally the proposed drafts will prohibit offsite signs within the jurisdictional limits of Flagler County and provide a deadline for removal of all existing offsite signs with exception of those areas along Interstate 95.

IV. Long Range Planning and Land Development Review Board: The Flagler County Long Range Planning and Land Development Review Board (LRPB) held a Public Hearing on June 25, 2009 to provide a recommendation to the Board of County Commissioners on this proposed amendment to the Land Development Code. The LRPB received a draft version of the amendment for review in advance of their meeting and at the LRPB meeting on June 25th staff presented members with revisions to the amendment. The LRPB unanimously voted to table their recommendation on the Amendment to Article VII Signs to allow staff more time to refine the draft ordinance following additional research. General consensus of the LRPB was to focus the proposed amendment on offsite advertising signs and present all other proposed amendments at a later date.

V. Recommendation: Staff recommends that the Planning Board recommend to the Board of County Commissioners approval of the proposed amendment to Article VII Signs of the Flagler County Land Development Code prohibiting offsite signs with exception of those areas along Interstate 95. The title of the recommended amendment version is included below in the suggested motion language.

VI. Suggested Motion: The Planning Board recommends to the Board of County

Commissioners approval of AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY, FLORIDA AMENDING ARTICLE VII SIGNS OF THE FLAGLER COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR FINDINGS; AMENDING SECTION 7.00.03 DEFINITIONS; AMENDING SECTION 7.02.02 PROHIBITED SIGNS; AMENDING SECTION 7.03.01 INDIVIDUAL COMMERCIAL OR INDUSTRIAL USES; DELETING 7.03.01(3) PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE STATE ROAD CORRIDORS OF SR A1A, SR 11 AND SR 100; RENUMBERING SECTION 7.03.04 TO 7.03.03; RENUMBERING SECTION 7.03.05 TO 7.03.04; AMENDING SECTION 7.05.00 PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE I-95 AND U.S. #1 CORRIDORS; REPLACING SECTION 7.05.01 I-95 AND U.S. #1 FRONTAGE AREAS AND ADDING SECTIONS 7.05.02, 7.05.03, AND 7.05.04; AMENDING

Text Amendment LDC, Article VII - Signs Page 3 of 3

SECTION 7.06.03 CONTINUANCE OF NONCONFORMITIES; AMENDING SECTION 7.06.05 RECONSTRUCTION AFTER CATASTROPHE; ADDING SECTION 7.08.06 ENFORCEMENT AND PENALTIES FOR OFFSITE SIGNS; PROVIDING FOR CODIFICATION AND SCRIVENER’S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

1. Draft Ordinance provided to LRPB for 6-25-09 meeting

ATTACHMENTS:

2. Revised Draft Ordinance 3. Flagler County Ordinance 2009-03 Billboard Moratorium Ordinance 4. BCC meeting minutes April 20, 2009 5. Correspondence from George Harnden 6. Correspondence from Donald Hoskins 7. BCC meeting minutes May 4, 2009

This version presents amendment to Article VII Signs per 6-25-09 LRPB review and comment

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1JUL09 This draft presented with proposed text blended with currently adopted sign ordinance. New text in double underline format, text to be removed in strikethrough format.

ORDINANCE NO. 2009-____

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY, FLORIDA AMENDING ARTICLE VII SIGNS OF THE FLAGLER COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR FINDINGS; AMENDING SECTION 7.00.03 DEFINITIONS; AMENDING SECTION 7.02.02 PROHIBITED SIGNS; AMENDING SECTION 7.03.01 INDIVIDUAL COMMERCIAL OR INDUSTRIAL USES; DELETING 7.03.01(3) PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE STATE ROAD CORRIDORS OF SR A1A, SR 11 AND SR 100; RENUMBERING SECTION 7.03.04 TO 7.03.03; RENUMBERING SECTION 7.03.05 TO 7.03.04; AMENDING SECTION 7.05.00 PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE I-95 AND U.S. #1 CORRIDORS; REPLACING SECTION 7.05.01 I-95 AND U.S. #1 FRONTAGE AREAS AND ADDING SECTIONS 7.05.02, 7.05.03, AND 7.05.04; AMENDING SECTION 7.06.03 CONTINUANCE OF NONCONFORMITIES; AMENDING SECTION 7.06.05 RECONSTRUCTION AFTER CATASTROPHE; ADDING SECTION 7.08.06 ENFORCEMENT AND PENALTIES FOR OFFSITE SIGNS; PROVIDING FOR CODIFICATION AND SCRIVENER’S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on February 18, 1991 the Board of County Commissioners adopted Ordinance 91-2, codified at Appendix C of the Flagler County Code (the “Land Development Code”), establishing rules for signage within unincorporated Flagler County at Article VII; and

WHEREAS, the proposed amendments to Article VII, Land Development Code reduce distraction to drivers along public and private roadways in Flagler County; and

WHEREAS, regulation of offsite advertising signs controls the aesthetic attractiveness of the natural and man-made attributes of Flagler County thereby enhancing the economic value of tourism and economic growth; and

WHEREAS, public notice of the adoption of this Ordinance has been provided in accordance with Chapter 125.66(4), Florida Statutes and Section 2.07.00 of the Land Development Code.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY, FLORIDA, AS FOLLOWS:


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SECTION 1

1. The above Recitals are incorporated herein as Findings of Fact.

: FINDINGS

2. This Ordinance is consistent with the goals, objectives and policies of the Flagler County 2010 Comprehensive Plan and, in particular, Policy 3-1 of the Recreation and Open Space Element.

SECTION 2

The Flagler County Code of Ordinances, Appendix C, Flagler County Land Development Code, Article VII, Signs is hereby amended as follows (additions are shown in underline format; deletions are shown as strikethrough format; all unchanged text of Article VII is shown for reference and Article VII is hereby amended and restated in its entirety as shown herein.

: CODE AMENDMENT

ARTICLE VII. SIGNS 7.00.00. GENERALLY 7.00.01. Relationship to building and electrical codes.

These sign regulations are intended to complement the requirements of the building and electrical codes adopted by the county. Wherever there is inconsistency between these regulations and the building or electrical code, the more stringent requirement shall apply. 7.00.02. Purpose and intent.

The purpose and intent of this article to establish regulations for the fabrication, erection location and use of signs and other outdoor advertising displays within the unincorporated areas of Flagler County. These regulations are hereby established in order to promote the overall economic well being of the businesses in the county, while at the same time providing for the health, safety and welfare of its citizens by reducing the adverse effects of signs and displays on highway safety, building safety, property value, and the enjoyment of the scenic beauty of the county.

7.00.03. Definitions. A. In General.

1. The word "shall" is mandatory, the word "may" is permissive.

B. Terms defined. 1. Abandoned sign: (a) Any sign face which advertises a business no longer

conducted or product no longer sold. In making the determination that a sign advertises a business no longer being conducted, the code enforcement officer shall consider the existence or absence of a current occupational license, utility service deposit or account, use of the premises, and relocation of the business.


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(b) Any sign structure which has not been used for business purposes for twelve (12) months. 1a. Abandoned sign in the A1A Scenic Corridor:

(a) Any sign face that advertises a business no longer conducted or product no longer sold for a period of ninety (90) days or longer. In making the determination that a sign advertises a business no longer being conducted, the code enforcement officer shall consider the existence or absence of a current occupational license, utility service deposit or account, use of the premises, and relocation of the business. (b) Any nonconforming sign structure which has not been used for on-site commercial, or noncommercial advertising for six (6) months.

2. Banner: Any sign with characters, letters, illustrations, or ornamentation applied to cloth, paper, or plastic fabric of any kind that is not permanently attached to a solid backing of wood, plastic, metal, masonry, or similar rigid material.

3. Construction sign: A sign announcing and identifying the construction project scheduled or underway on the site where the sign is located.

4. Directional sign: Any sign used to indicate the direction to entrances, exits, parking areas, restrooms, or other nonbusiness related facilities on the site.

5. Directory sign: A sign which gives the names of the businesses or individuals located in the building or complex where it is located.

6. Double-faced sign: A sign with two (2) faces which are no more than three (3) feet apart at their closest point, and which describe an internal angle between face planes extended of no more than thirty (30) degrees.

7. Fascia sign (or wall sign): A sign located on the fascia of a roof or canopy, or affixed to the front plane of a mansard roof that is a maximum of thirty (30) degrees from vertical, including signs that extend the plane of the structural fascia, and no lateral supports are used.

8. Freestanding sign: Any sign supported by uprights or braces placed upon or in or supported by the ground, a fence or nonstructural wall. This shall include "ground" and "pole" signs.

9. Front foot, property: Each foot, or major portion thereof, measured along the public right-of-way where the subject property abuts said right-of-way.

10. Front foot building: Each foot, or major portion thereof, measured along the main entry side of a building.


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11. Grade elevation: The final elevation of the ground surface after development excluding berms or landscape treatment specifically designed to raise the height of the sign.

12. Height of sign: The distance between the top of a sign and the grade elevation below it.

13. Identification sign: A sign that indicates the name and type of business or service, or the name of the development located on the site where the sign is located including street address, phone number, and graphic of business logo.

14. Illuminated sign: A sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

15. Instructional sign: A sign conveying nonadvertising information relating to the use of the premises, including such signs as no parking, no trespassing and warning signs.

16. Internally illuminated sign: A sign that uses artificial light from behind the sign face to increase its visibility.

17. Membership sign: A sign identifying affiliations such as travel club, business association, credit card company, or civic club or any other membership association.

18. Memorial sign: A permanent sign, plaque, inscription or similar group of symbols recording historical data relating to the construction of the building to which it is affixed.

19. Multiple frontage property: A lot or parcel that is contiguous to more than one public right-of-way being either a corner lot or a through lot.

20. Multi-use complex: Any development of two (2) or more business or industrial uses that are under common land ownership or that share common property frontage.

21. Non-conforming sign: A sign erected in the county before the adoption of this article that does not conform to the requirements of this article.

22. Offsite advertising sign: Any sign which directs attention to a business,

commodity, service, product or activity not conducted, sold, offered or available on the premises where such sign is located or to which it is affixed.

22. Offsite sign: Any sign identifying, advertising or directing the public to a business, commodity, service, product, merchandise, institution, residential area, entertainment or activity which is located, sold, rented, based, produced,


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manufactured or taking place at a location other than on the site on which the sign is located.

23. Onsite sign: A sign that identifies or advertises only goods, services, facilities, events or attractions available on the premises where the sign is located.

24. Parasite sign: Any sign not exempted by this article, for which no permit has been issued, and which is attached to another sign.

25. Pennant or streamer: Any flag-like piece of cloth, plastic or paper attached to any staff, cord, building or other structure that hangs loosely for the purpose of attracting attention to its site.

26. Permitted sign: All signs needing a permit under this article.

27. Portable sign: A sign that has no permanent attachment to a building or to the ground by means of a footing, including but not limited to, an A-frame sign, sign with wheels designed to be pulled or towed on a trailer or similar device, pull attachments, or hot air or gas-filled balloons.

28. Premises: The lot or lots, plots, portions or parcels of land considered as a unit for a single development or activity.

29. Projecting sign: A sign supported by a wall of a building, projecting away from that wall twelve (12) inches or more, and designed with a face or faces reading at an angle to that wall.

30. Real estate sign: A sign erected by the owner, or his agent, advertising the real property where the sign is located for sale, lease, or rent.

31. Roof sign: A sign painted on or affixed to the roof of a building and primarily supported by that roof structure, except fascia signs as defined in this article.

32. Setback: The setbacks for signs specified in this article shall be measured horizontally from the vertical place of the property line or right-of-way line to the closest point of the sign.

33. Shopping center: Any commercial building or development housing three (3) or more tenants on one (1) ownership parcel in the C-2 general commercial and shopping center district. This term shall also include commercial developments approved under any planned unit development zoning district.

34. Sign: Any letters, numbers, symbols, graphics, pictures, or figures or combination thereof which are erected, constructed, placed, attached or painted on a structure or the ground, which identify, advertise or direct attention to a product, business, institution, place, person or event, or any other communication


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and which can be seen from the public right-of-way or public waterway. When not modified by the terms "structure" or "face", the term "sign" shall include all parts of the sign and its supporting structure.

35. Sign, area of: The total surface of a sign including the background and frame but not structural supporting elements outside of its frame. Where a sign is composed of skeleton letters, characters, or symbols applied to a background which is not a structural part of the sign, the area of the sign shall be the smallest rectangle, triangle, or circle which will include the display. Where a sign is built with two (2) faces back to back, the area of the sign shall be the larger of the areas of the two (2) faces computed as herein specified. In the case of three (3) faced signs forming an equilateral triangle, sign area shall be calculated as one-and-one-half times the largest face. In the case of four (4) faced signs forming a square or cube, sign area shall be calculated as two (2) times the largest face.

36. Sign face: The plane area which is defined as sign area.

37. Sign structure: The uprights, supports, braces and framework supporting a sign.

38. Stop work order: Upon notice from the building official, work on any system that

is being done contrary to the provisions of these regulations or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.

39. Temporary sign: A sign erected for two (2) weeks or less to advertise or identify transitory events unless specifically permitted for a longer period by this article.

40. Under-canopy sign: A sign painted on or attached to the underside of a canopy or marquee.

41. Wall sign: A sign painted on or affixed to the structural wall of a building, with a sign face approximately parallel to the wall perpendicular to the ground and projecting no more than twelve (12) inches from the wall. The general term "wall sign" shall also include fascia signs.

42. Window sign: A permanent sign affixed to, suspended behind, or painted on either face of a window or glass door that reads to the exterior of the building.

43. Neon sign in the A1A Scenic Corridor: A sign containing glass tube lighting in which a gas and phosphors are used in combination to create a colored light.


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44. Pole sign in the A1A Scenic Corridor: A freestanding sign with the base of the actual sign area at least five (5) feet above the ground supported by a vertical pole(s).

45. Vehicle signs in the A1A Scenic Corridor : Any sign attached to or towed or hauled by a vehicle, boat, or vessel, with or without its own mode of power, with the following exceptions: 1. Vehicles parked on private property when parked within the confines of a

building or in some manner, which provides for effective screening that does not allow the sign or signs on the vehicles to be viewed from any street.

2. Any vehicles upon which a sign is placed identifying the firm or its principal products, if such vehicle is one (1) which is regularly used during operating hours of the business; provided that no such vehicle shall be repeatedly parked in a location where it serves as or constitutes additional signage.

3. Buses, taxicabs and similar common carrier vehicles that are licensed or certified by the city, county and/or the Florida Public Service Commission.

4. Bumper stickers, license plates, parking identification signs, press signs, vehicle manufacturing signs and dealer identification signs and logos and other similar signs.

5. Vehicles that are traveling through Flagler County and not remaining in the county more than twenty-four (24) hours at a time.

46. Automatic changeable facing sign in the A1A Scenic Corridor: A sign facing which through a mechanical system is capable of delivering two (2) or more advertising messages.

47. Digital sign: Any sign as defined herein without moving parts whose content may be changed by electronic process through the use of intermittent light or lights, including light emitting diodes, liquid crystal display, and plasma screen image display.

48. Animated sign: Any sign as defined herein of which all or any part thereof visibly moves in any electronic fashion whatsoever; and any sign which contains or uses for illumination any light, lights, or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part thereof automatically, excepting any digital offsite sign.

49. Multi-vision sign: Any sign as defined herein composed of mechanically operated louvers or slats containing multiple separate messages, each of which becomes visible when the louvers are synchronically rotated to one of a multiple of positions.


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7.01.00. SIGN PERMITS 7.01.01. Permit and perimeter planting required.

It shall be unlawful for any person to erect, construct, alter or relocate within the unincorporated areas of Flagler County, Florida, any sign without having first obtained a permit therefor, except as provided for in this article.

A. In addition to the other requirements of this section, sign permits issued along the

A1A Scenic Corridor shall exhibit a county permit number and expiration date for easier identification by a code enforcement officer. The sign permit shall be affixed to the sign structure by the applicant or owner so as to enable the code enforcement officer to view the permit. The owner shall also maintain plantings around the perimeter of the sign. The plantings may include shrubs or flowering plant material.

7.01.02. Work to be performed by owner, lessee or licensed contractor.

The erection, repair or painting of all signs requiring permits under this article shall be done by and permitted to the property owner or lessee, or to a sign contractor, general contractor or building contractor licensed with Flagler County. 7.01.03. Application for permit.

All applications for permits under this section shall be filed by either a contractor licensed to erect signs in the county, or the owner of the property where the sign is to be located or his authorized agent. Any sign over thirty-two (32) square feet will require a sealed set of drawings and calculations by an engineer licensed in Florida. Such application shall include the following:

1. Name, address and telephone number of owner(s) of property; 2. Name, address and telephone number of licensed sign company erecting the

sign; 3. The street address or legal description of the property upon which proposed

sign is to be located; 4. The height, size, shape and exact location of the proposed sign and existing

trees located on the premises outside the sign building area (See tree protection requirements in section 6.01.05);

5. Written permission of the owner, his lessee or agent, to erect the proposed sign;

6. A plan, sketch, blueprint, or similar presentation drawn to scale, showing all pertinent structural details, wind pressure requirements, and materials in accordance with the requirements of the Standard Building Code adopted by Flagler County; and

7. A statement verifying the height, size, shape and exact location of existing signage on the premises.

8. In addition to the other requirements of this section, all applications for permits applied for in the A1A Scenic Corridor shall be filed by either a contractor licensed to erect signs in the county, or the owner of the property where the sign is to be located or his authorized agent. Any sign over sixteen-


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square feet shall require a sealed set of drawings and calculations by an engineer licensed in Florida.

7.01.04. Issuance of permit.

Upon receipt of an application for a sign permit, the building official or his designee shall review the plans, specifications and other data relating to such sign, and if considered necessary, inspect the premises upon which the sign is proposed to be erected. If the proposed sign is in compliance with this article and all other applicable state and county laws and codes, a sign permit shall be issued upon receipt of the permit fee.

a. Upon receipt of an application for a sign permit in the A1A Scenic Corridor, the building official or his designee shall review the plans, specifications and other data relating to such sign, and if considered necessary, inspect the premises upon which the sign is proposed to be erected. If the proposed sign is in compliance with this article and all other applicable state and county laws and codes, a sign permit shall be issued upon receipt of the permit fee.

Applications for sign permits shall be approved or denied in writing, by the

building official within thirty (30) days of submittal of a fully completed application as specified in section 7.01.03. If it is determined that the application is incomplete, the building official shall notify the applicant within twenty (20) days of receipt of the application of the deficient items required. If the applicant certifies in writing that the application is complete, the thirty (30) day period shall run from the day of the county's receipt of that writing. Should the building official not approve or deny the application in writing within the thirty (30) day time period, the application shall be deemed denied and the applicant may appeal the denial as provided hereafter.

Any decision of the building official, pertaining to sign permitting, may be

appealed to the board of county commissioners within thirty (30) days of the decision. A notice of appeal from the building official decision shall be filed in writing by the applicant to the building official and shall include all pertinent information, and shall include the appeal fee paid upon submittal by the appellant/applicant. The building official shall, upon receipt of such appeal, set a time for hearing (not to exceed thirty (30) days from filing and shall give notice of time and place of the hearing to the appellant/applicant.

A decision of the board of county commissioners, pertaining to the appeal, shall

be rendered as a written order within fifteen (15) days of the appeal hearing. If an order is not rendered within fifteen (15) days of the appeal hearing, the appeal shall be deemed denied. Decisions of the board of county commissioners may be appealed to the circuit court by the appellant within thirty (30) days of the board's rendered decision and injunctive relief may be sought. An appeal shall stay all administrative proceedings in furtherance of the action appealed until such time as a final determination by the board of county commissioners or circuit court has been made on such appeal, provided that no such action shall be taken by the applicant to the building official during such time which would change the status of the matter being appealed except when in


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the opinion of the building official there exists an immediate and significant safety hazard. The appeal fee shall be established by resolution of the board of county commissioners. 7.01.05. Permit fees.

Permit fees under this article shall be determined by resolution of the county commission and are included in the Development Services Manual. (Ord. No. 01-19, § 4, 10-1-01) 7.01.06. Penalty.

In addition to other penalties provided by this article, or code of ordinances generally, a permit fee of triple the amount specified, not to exceed two hundred fifty dollars ($250.00) per day, shall be required if work has commenced without a permit. 7.01.07. Expiration of permit.

Any permit issued under this sign code shall expire six (6) months after date of issuance unless a permit extension is granted by the building official. Sign permits submitted simultaneous with a building permit application for new building construction shall run concurrently with the expiration date of the new construction building permit. 7.02.00. GENERAL PROVISIONS. 7.02.01. Exempt signs.

The following signs are exempt from the permitting requirements of this sign code, but must still meet applicable construction standards and obtain electrical permits if required by the county electrical code:

1. Identification signs of four (4) square feet or less; 2. "No Trespassing" or "No Dumping" signs of four (4) square feet or less; 3. Directional, warning or informational signs (including hospital emergency room

signs) or institutional or group notices of a public or semipublic nature. Directional signs to assist onsite vehicular traffic flow shall be low-profile signs not to exceed three (3) feet in height above grade and four (4) square feet of surface area, with the legend to be affixed thereon limited to arrows and the words enter or exit as appropriate;

4. Governmental signs for traffic control, street designation, direction to public facilities, and any public sign deemed necessary by a public official in the performance of his public duty, or as approved by the county commission;

5. Memorial signs or tablets when cut into any masonry surface or constructed of a noncombustible material;

6. Governmental or religious flags or insignia and holiday decorations, related to the business or customarily associated with any national, religious or local holiday;

7. Temporary window signs used to advertise special sales or events (see temporary sign definition);

8. Credit card or membership signs of two (2) square feet or less, one of each different organization permitted for each street frontage;


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9. A maximum of two (2) menu boards or price lists for drive-thru facilities of no more than twenty-four (24) square feet each. Such signs shall be located adjacent to and oriented toward the drive-thru area;

10. Graphics and trademarks on vending machines, gas pumps and other machinery customarily used for sales outside of buildings;

11. Real estate, political campaign signs and construction signs allowed under section 7.04.00 of this article;

12. Standard-sized menus mounted at the entrances to restaurants; 13. Signs required by federal, state or county law.

7.02.02. Prohibited signs.

It shall be unlawful to erect or maintain any sign described as follows: 1. Commercial signs adjacent to residentially zoned land: No commercial sign shall

be located within fifty (50) feet of any residentially zoned property, except signs allowed by special exception in that residential zone that conform with the section of this article relating to that zone.

2. Traffic or pedestrian hazards: Any sign which constitutes a traffic hazard or a detriment to traffic safety as determined by the county engineer by reason of the sign's size, location, movement, content, coloring or intensity of illumination. Any sign which obstructs the vision between pedestrians and vehicles using the public right-of-way, including, but not restricted to, those not meeting visibility standards in Article III Zoning District Regulations. Specifically prohibited are signs using: a) Lights or illumination that flash, move, rotate, blink, flicker or vary in intensity

or color, except time and temperature displays. b) Bare incandescent bulbs in excess of eleven (11) watts; and c) Words and traffic control symbols so as to interfere with, mislead or confuse

traffic, such as "stop", "look", "caution", "danger", or "slow".

3. Nongovernmental signs attached to trees, traffic control devices or utility poles.

4. Signs attached to or painted on vehicles which are not regularly used in and driven during the business day as part of the advertised business and are obviously parked in such a way as to advertise to the passing motorist or pedestrian.

5. Privately erected signs in public rights-of-way not specifically permitted.

6. Signs made of combustible materials that are attached to or located within twenty (20) feet of fire escapes or firefighting equipment.

7. Portable signs.

8. Roof signs.


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9. Abandoned signs.

10. Projecting signs.

11. Any other signs that are not specifically permitted or exempted by this article.

12. Vehicle signs.

13. Automatic changeable facing signs. Digital signs.

14. Neon signs.

15. Pole signs.

16. All offsite signs, except those permitted within the FDOT right-of-way per Florida Statute, County ordinances, or according to Section 7.05.00 of this sign code.

17. Animated Signs.

18. Multi-vision Signs. 7.02.03. Multiple frontage properties.

If a building has frontage on multiple streets, each frontage shall be separately considered for the purposes of determining compliance with the provisions of these regulations, but the permitted sign areas for the secondary frontages shall be fifty (50) percent in aggregate of that permitted on the primary frontage. However, no freestanding sign on one (1) right-of-way may be closer than one hundred (100) feet to a sign on another right-of-way, measured as the sum of distances measured continuously along the rights of way through a common point or points. 7.02.04. Construction and maintenance standards.

All permitted signs shall be constructed and maintained in accordance with the following standards, and no certificate of occupancy shall be issued for a building unless signs have conformed to these standards.

1. Code compliance: All signs shall be constructed and maintained in accordance with the provisions and requirements of the Flagler County Building Code, Electrical Codes, all other applicable codes, ordinances or requirements.

2. Copy: All copy shall be maintained and be legible.

3. Structure: Signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition at all times.

4. Damage: Damaged faces or structural members shall be replaced in a timely manner.


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5. Safety: Electrical systems, fasteners, and the sign and structure as a whole shall

be maintained at all times in a safe condition.

6. Aesthetics: Signs along the A1A Scenic Corridor shall consist of colors consistent and compatible with the natural environment, except that a registered trademark (commercial or noncommercial) of the owner or tenant of a lot in the A1A Scenic Corridor may display on such lot said trademark in its registered colors on a sign not exceeding four (4) square feet, or on a portion of a larger sign when said portion does not exceed four (4) square feet, if any such sign is otherwise allowed under these regulations.

7.03.00. PERMITTED SIGNS. 7.03.01. Individual commercial or industrial uses. C-1 neighborhood commercial, C-2 general commercial and I-Industrial districts.

1. Freestanding signs. One (1) site freestanding sign. Maximum sign size per building square footage below.

2. Fascia or wall signs. One (1) per business. Maximum sign area, one (1) square foot per lineal building (business) front footage not to exceed the maximum size as permitted below. (a) Maximum sign area allowed:

(1) Ten thousand (10,000) square foot building or less--Thirty-two (32) square feet maximum.

(2) Over ten thousand (10,000) square foot to twenty-five thousand (25,000) square foot building--Forty-eight (48) square feet maximum.

(3) Over twenty-five thousand (25,000) square foot to fifty thousand (50,000) square foot building--Seventy-two (72) square feet maximum.

(4) Over fifty thousand (50,000) square foot building to seventy-five thousand (75,000) square foot building--Ninety-six (96) square feet maximum.

(5) Over seventy-five thousand (75,000) square foot to one hundred thousand (100,000) square foot building--One hundred twenty (120) square feet maximum.

(6) Over one hundred thousand (100,000) square foot building--One hundred fifty (150) square feet maximum.

(7) For signs along the A1A Scenic Corridor shall be thirty-two (32) square feet.

(b) Maximum sign height --Ten (10) feet high. (b1.) Maximum sign height for signs along the A1A Scenic Corridor shall be six (6) feet as measured from ground level where the sign is erected to the top most portion of the sign.


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(c) Minimum setback from property line --Ten (10) feet except signs located within fifty (50) feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

*The total allowed signage square footage can be exchanged between monument sign and fascia or wall sign as long as the exchanged square footage does not exceed the original allowable monument or fascia/wall sign square footage by fifty (50) percent. This exchange is subject to planning board approval based on site design considerations such as setback, vegetation, architecture, etc.

3. Provisions for governing offsite advertising signs in the state road corridors of S.R. A-1-A, S.R. 11 and S.R. 100. One (1) offsite advertising sign per parcel provided that the minimum primary street frontage is one hundred (100) feet wide. Offsite advertising signs on that portion of S.R. A-1-A between the south city limits of Marineland and Fox's Cut and all other state roads, county roads and local roads are expressly prohibited. (a) Maximum sign area-- Three hundred eighty (380) square feet. (b) Maximum sign height --Thirty-five (35) feet. (c) Minimum setback from property line-- Ten (10) feet except signs located

within fifty (50) feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

(d) Minimum spacing requirements --Two thousand (2,000) feet from any permitted billboard on the same side of the roadway.

(e) Minimum construction standard-- Not more than four (4) steel or six (6) wood stanchion uprights or one (1) monopole.

4. 3. Provisions for governing offsite advertising signs in the A1A Scenic Corridor. Off-site advertising signs are prohibited, except those permitted within the FDOT right-of-way per Florida Statute, County ordinances, or according to Section 7.05.00 of this sign code..

5. 4. Pole signs. Pole signs are prohibited. Post and arm signs are permitted. 7.03.02. Multiuse complex (shopping centers) or industrial uses C-2 general commercial and shopping center district and I-Industrial.

All shopping center signage shall be reviewed and approved by the planning board and county commission, as to final size, location and coordination, as part of the site plan review process.

1. Freestanding signs. One (1) freestanding sign at the main entrance shall be permitted based on the combined square footage of all tenants as follows:

(a) Maximum sign area allowed: (1) Ten thousand (10,000) square foot building or less--Thirty-two (32)

square feet maximum. (2) Over ten thousand (10,000) square foot to twenty-five thousand

(25,000) square foot building--Forty-eight (48) square feet maximum. (3) *Over twenty-five thousand (25,000) square foot to fifty thousand

(50,000) square foot building--Seventy-two (72) square feet maximum.


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(4) *Over fifty thousand (50,000) square foot building to seventy-five thousand (75,000) square foot building--Ninety-six (96) square feet maximum.

(5) *Over seventy-five thousand (75,000) square foot building to one hundred thousand (100,000) square foot building--One hundred twenty (120) square feet maximum.

(6) *Over one hundred thousand (100,000) square foot building--One hundred fifty (150) square feet maximum.

(7) Maximum sign area allowed in the A1A Scenic Corridor: Signs along the A1A Scenic Corridor shall be no more than thirty-two (32) square feet.

(b) Maximum sign height -- Fifteen (15) feet high. (b1) Maximum sign height allowed in the A1A Scenic Corridor: Signs shall be no more than six (6) feet as measured from ground level where the sign is erected to the top most portion of the sign.

(c) Minimum setback from property line -- Ten (10) feet except signs located within fifty (50) feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

(d) Pole signs. Pole signs are prohibited in the A1A Scenic Corridor. Post and arm signs are permitted in the A1A Scenic Corridor.

2. Fascia or wall signs. One (1) wall sign per business for the building frontage shall be permitted. The maximum sign area shall be one (1) square foot per lineal business front footage with a maximum area as follows:

(a) Maximum sign area allowed: (1) Ten thousand (10,000) square foot business or less--Thirty-two (32)

square feet maximum. (2) Over ten thousand (10,000) square foot to twenty-five thousand

(25,000) square foot business--Forty-eight (48) square feet maximum. (3) *Over twenty-five thousand (25,000) square foot to fifty thousand

(50,000) square foot business--Seventy-two (72) square feet maximum.

(4) *Over fifty thousand (50,000) square foot business to seventy-five thousand (75,000) square foot business--Ninety-six (96) square feet maximum.

(5) *Over seventy-five thousand (75,000) square foot business to one hundred thousand (100,000) square foot business--One hundred twenty (120) square feet maximum.

(6) Over one hundred thousand (100,000) square foot business--One hundred fifty (150) square feet maximum.

(7) Signs along the A1A Scenic Corridor shall be limited to less than fifteen (15) percent of the area of the front facade of the building.

(b) Maximum sign height --Not applicable. (c) Maximum sign location-- Only one (1) wall sign per property frontage shall be

permitted above the first floor of any multi-use or multi-tenant building.


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3. Under-canopy sign. One (1) under-canopy sign per tenant shall be permitted as follows:

(a) Maximum sign area-- Six (6) square feet. (b) Minimum sign height -- Must have an eight-foot clearance for pedestrians. * The total allowed signage square footage can be exchanged between monument signs and fascia or wall signs as long as the exchanged square footage does not exceed the original allowable monument or fascia/wall sign square footage by fifty (50) percent. This exchange is subject to planning board approval based on site design considerations such as setback, vegetation, architecture, etc.

7.03.03. Industrial and commercial parks.

Subdivisions of land as defined in the county subdivision regulations which are zoned for industrial or commercial parks shall be permitted signage as follows:

1. Sign area and use. (a) One freestanding sign structure for each public right-of-way entrance

consisting of any combination of identification or directory signage. Maximum sign area of each sign structure for each public right-of-way entrance shall be ninety-six (96) square feet. The identification or directory signage may consist of two separate signs but their combined sign area shall not exceed ninety-six (96) square feet.

(b) Freestanding and wall signage for individual sites shall be permitted under section 7.03.01 of this article.

(c) In the A1A Scenic Corridor, one freestanding sign structure, consisting of any combination of identification or directory signage, for each public right-of-way entrance. Maximum sign area of each sign structure for each public right-of-way entrance shall be thirty-two (32) square feet. The identification or directory signage may consist of two separate signs but the combined sign face area shall not exceed sixty-four (64) square feet. Pole signs are prohibited.

2. Height and setback requirements for freestanding signs under paragraph (C)(1)(a) of this section. (a) Maximum sign height. Fifteen (15) feet high. (b) Freestanding signs shall be setback a minimum of twenty (20) feet from the

property line, however, signs in the entrance median may be approved by the planning board.

7.03.04. Individual office uses. O-1 limited office district.

1. Freestanding signs. One (1) freestanding sign per parcel for the primary street frontage shall be permitted as follows:

(a) Maximum sign area -- Twenty-five (25) square feet. (b) Maximum sign height -- Six (6) feet high. (c) Minimum setback from property line -- Ten (10) feet except signs located



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2. Fascia or wall sign. One (1) wall sign per parcel for the primary street frontage

shall be permitted as follows: (a) Maximum sign area -- Twelve (12) square feet. (b) Maximum sign height -- Not applicable.

7.03.05. Office parks.

1. Sign area and use. (a) One freestanding sign structure for each public right-of-way entrance

consisting of any combination of identification or directory signage. Maximum sign area of each sign structure shall be forty-eight (48) square feet. If a separate directory sign is used in addition to an identification sign, it shall be oriented to the interior of the site and shall not exceed twenty-four (24) square feet.

(b) Either one (1) ground or wall sign located adjacent to each building entrance shall be permitted as follows: (1) Maximum sign area -- Twelve (12) square feet. (2) Maximum sign height -- Six (6) feet.

(c) In the A1A Scenic Corridor, one freestanding sign structure, consisting of any combination of identification or directory signage, for the public right-of-way entrance. Such signs shall be ground signs. Maximum sign area of each sign structure shall be thirty-two (32) square feet. If a separate directory sign is used in addition to an identification sign, it shall be oriented to the interior of the site and shall not exceed thirty-two (32) square feet. Other signs are limited to wall signs, the size of which shall be limited to fifteen (15) percent of the area of the front facade of the building.

2. Height and setback requirements for freestanding sign at office park entrance. (a) Maximum sign height. Six (6) feet high. (b) Freestanding signs shall be setback a minimum of twenty (20) feet from the

property line, however, signs in the entrance median may be approved by the planning board.

7.03.06. Residential uses.

1. Single or multi-family residential complex. One (1) ground or wall sign shall be permitted for each main entrance on a public right-of-way as follows.

(a) Maximum sign area -- Twenty four (24) square feet. The wall sign maximum area of twenty-four (24) square feet may be divided into two (2) equal graphic statements of twelve (12) square feet.

(b) Maximum sign height -- Six (6) feet high. (c) Minimum setback from property line -- Ten (10) feet except signs located

within 50 feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

2. Subdivision signs. Permanent subdivision signs may be permitted by the planning board and county commission as part of the subdivision review


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process. Temporary subdivision signs shall be treated as construction signs under section 7.04.00 of this article.

7.03.07. Public and semi-public uses. (Including churches and clubs).

One (1) ground or wall sign shall be permitted per primary road frontage as follows:

1. Maximum sign area -- Twenty-four (24) square feet. 2. Maximum sign height -- Six (6) feet high. 3. Minimum setback from front property line -- Ten (10) feet except signs located


7.04.00. TEMPORARY SIGNS. 7.04.01. Real estate and construction signs.

Real estate and construction signs, as defined in this article, shall be permitted under the following conditions:

1. One (1) nonilluminated sign of each type shall be allowed on each street frontage of the subject property only.

2. Freestanding signs shall be: (a) Residential properties setback two (2) feet from public rights-of-way.

Commercial and industrial properties setback two (2) feet from public rights-of-way.

(b) Setback fifteen (15) feet from side property lines, or equidistant between side property lines.

(c) A maximum height of five (5) feet in residential districts and ten (10) feet in commercial and industrial districts.

3. Maximum sign area shall be: TABLE INSET:

District Real Estate (sq. ft.)

Construction (sq. ft.)

R-1, R-1B, R-1C, R-1D, R-2, MH-1, MH-2, PLI 6 6

AC, AC-2, MH-3, R-3 R/C, O-1, C-1 & PUD 32 32

C-2, O-2 48 48

A1A Scenic Corridor 6 16 4. Construction signs shall not be erected more than sixty (60) days prior to the

beginning of construction, and shall be removed within ten (10) days after issuance of a certificate of occupancy. Such signs shall be removed immediately if construction has not begun after sixty (60) days, or if construction is halted thereafter for a period of more than thirty (30) days.

5. Subcontractor and other additional signs of four (4) square feet or less shall be permitted in addition to total sign area and shall be affixed to, or immediately adjacent to the main sign structure.


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6. Real estate signs may be erected during the time the property is for sale and until three (3) days after closing.

7.04.02. Political campaign signs.

Political campaign signs or posters shall be permitted in all zoning districts subject to the following restrictions, limitations and requirements and any other applicable requirements set forth in this article.

1. Setback shall be two (2) feet from public rights-of-way. 2. Setback shall be fifteen (15) feet from side property lines or equidistant between

side property lines. 3. The maximum height shall be five (5) feet in residential districts and ten (10) feet

in commercial and industrial districts. 4. The maximum sign shall be:

TABLE INSET:

Maximum Per

Sign Maximum Per

Parcel

Residential districts 6 square feet 12 square feet

Agricultural, office, commercial or industrial districts 16 square feet 32 square feet

5. Candidates for political office or political action groups shall register with the county clerk prior to erecting their signs related to an election or referendum. The registration shall constitute a permit allowing such political signs; provided, however, that the signs comply with this article, that the registrant removes all of its signs within fifteen (15) days after the election or referendum issue has been decided, and that the registrant acknowledges that any of its signs placed on county property or rights-of-way may be removed by the county without notice to the registrant.

Failure to remove signs within fifteen (15) days after the election or referendum issue has been decided shall be prosecuted under the civil citation system. Note: Civil citation penalties: Failure to remove political signs: First offense $30.00 Second offense 50.00 Third offense, with a five-day warning notice 450.00 All other political sign violations: First offense $50.00 Second offense 100.00 Third offense, with a two-day warning notice 450.00

6. The erection and removal of all political signs shall be the joint responsibility of the owner of the property upon which the sign is placed, of the owner of such sign and the candidate for whom such sign was placed. Each such person shall


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be jointly and severally liable for a violation of the terms and conditions of this article.

7.04.03. Banners, streamers, or pennants.

Outside banners, streamers, pennants, balloons and other moving objects shall only be allowed as temporary signs in conjunction with a grand opening of a new business. 7.04.04. Miscellaneous temporary signs.

Temporary signs for public or private nonprofit special events, or special events not related to the primary use of the property shall be permitted by the building official for a period covering the duration of the event and advance publicity not to exceed a total period of two (2) weeks. Such temporary sign shall not exceed thirty-two (32) square feet for each street frontage and shall not be illuminated.

7.05.00. PROVISIONS FOR GOVERNING OFFSITE ADVERTISING SIGNS IN THE I-95 AND U.S. #1 CORRIDORS.

The following provisions shall govern the placement of offsite advertising signs in the jurisdictional limits of unincorporated Flagler County. I-95 and U.S. #1 corridors. 7.05.01. I-95 and U.S. #1 frontage areas.

I-95 and U.S. #1 frontage areas are defined as those parcels with at least one hundred (100) feet of common property line with the I-95 and U.S. #1 right-of-way. Within these areas, each parcel may be permitted one (1) offsite advertising sign as follows:

1. Parcels zoned C-2 general commercial and I--Industrial shall permit one (1) offsite advertising sign per the requirements of subsection 7.03.01(3) of this article except that the maximum sign area can be up to six hundred seventy-two (672) square feet.

2. Parcels zoned R/C (residential/commercial) district and parcels zoned C-1 neighborhood commercial district may permit one (1) off-site advertising sign, by special exception subject to at least the requirements of subsection 7.03.01 (3) of this article. Such special exceptions shall also be subject to the following:

(a) Such signs may only be erected on undeveloped parcels; and (b) The "off-site" advertising sign shall be removed at the time the property

is developed for residential or commercial uses. 7.05.01 Prohibition on further offsite advertising sign construction and erection. After (ordinance effective date or date to be determined by the BCC), no person shall construct or erect an offsite advertising sign within the jurisdictional limits of the county at any location except as provided in Section 7.05.03. 7.05.02 All other offsite signs are prohibited. Except as provided in Section 7.05.03, all offsite signs shall be prohibited.


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7.05.03 Provisions for offsite signs in the I-95 Corridor. Offsite signs as defined herein, may be permitted only on those parcels with at least one hundred (100) feet of common property line with Interstate 95 and consistent with the following regulations:

1. Maximum sign area — Six hundred seventy-two (672) square feet. 2. Maximum sign height — Thirty-five (35) feet. 3. Minimum setback from any property line — One hundred (100) feet. 4. Maximum setback from any property line — Five hundred (500) feet. 5. Minimum spacing requirements:

a. Five thousand two hundred eighty (5,280) feet radius from any permitted offsite advertising sign.

b. No offsite sign may be located closer than five thousand two hundred eighty (5,280) feet from any interchange intersection.

c. Such spacing requirement above shall apply to offsite signs located in other jurisdictions.

6. Minimum construction standard — Not more than four (4) steel or six (6) wood stanchion uprights or one (1) monopole.

7. Permit required — A building permit shall be required for the initial construction and any subsequent repair (subject to Section 7.06.05) to structural components of any offsite advertising sign; however, no permit shall be required for the change of advertising copy on any sign face on any offsite advertising sign.

8. Minimum setback from residentially zoned property — No offsite advertising sign shall be located within three hundred (300) feet of any residentially zoned property. Such minimum setback shall apply to residentially zoned properties in other jurisdictions.

9. Minimum maintenance required — In addition to the minimum Construction and Maintenance Standards listed in Section 7.02.04, the following shall apply: a. Any offsite sign displaying copy for a business no longer conducted

or a product no longer sold shall be replaced no later than ninety (90) days following the closure of the business or discontinuance of the sale of the product, as applicable. Failure to replace copy for a business no longer conducted or a product no longer sold shall result in enforcement action against the owner of the offsite advertising sign in accordance with Section 7.08.00 Enforcement.

b. Any offsite sign displaying copy relative to a political campaign shall have its copy replaced no later than fifteen (15) days following the primary or general election date when the candidate or referendum issue has been decided. Failure to replace political campaign copy shall result in enforcement action against the owner of the offsite advertising sign in accordance with the schedule of civil penalties provided at Section 7.04.02.


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7.05.04 Offsite signs inventory. The County Code Enforcement department will maintain an inventory of offsite signs within the jurisdictional limits of the unincorporated County. The County Code Enforcement department will conduct an annual audit of permits issued for offsite signs to determine the current number of such signs within the unincorporated County. 7.06.00. NON-CONFORMING SIGNS. 7.06.01. Intent.

It is the intent of this article to allow certain nonconforming signs permitted before the adoption of this article to continue until they are no longer used, or become hazardous, but not to encourage their nonconforming status. Such signs are hereby declared to be incompatible with the overall intent of this article. 7.06.02. Removal of nonconforming signs.

All nonconforming and nonpermitted signs, except as provided herein, shall be removed immediately or as otherwise provided under section 7.08.01 of this article.

1. All such non-conforming signs shall be maintained as provided in Section 7.04.02 but shall not be: a. Changed to another non-conforming sign; b. Structurally altered (except to meet safety requirements as documented

through application for building permit for such alteration); c. Altered so as to increase the degree of non-conformity of the sign; d. Expanded; e. Re-established after its discontinuance for ninety (90) days; f. Continued in use after cessation of the business or change of the type of

business activity to which the sign pertains; or g. Re-established after damage or deconstruction if the estimated cost of

reconstruction exceeds fifty (50) percent of the appraised replacement cost (as determined by building official or designee).

7.06.03. Continuance of nonconformities. A nonconforming sign use may be continued, subject to the following provisions:

1. A nonconforming sign shall not be enlarged or increased in any way from its existing size at the time of the adoption of this sign code.

2. Nonconforming signs or sign structures that are defined as abandoned signs under this sign code shall not be permitted for reuse.

3. There may be a change of tenancy or ownership of a nonconforming sign without the loss of nonconforming status, if the property sign is not abandoned as defined in this article.


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4. Amortization of nonconforming offsite signs. All offsite signs rendered nonconforming by Section 7.05.02 shall be removed on or before January 1, 2030 by the owner of the offsite sign and the owner of the property on which the offsite sign is affixed or attached. a. After the effective date of this ordinance, it shall be unlawful for any

person to erect, expand, move or place any sign which does not conform to the requirements set forth herein.

b. All non-conforming offsite signs, displays, devices, billboards or similar things, which are permanently erected and which are design, intended or used to advertise or inform shall be made conforming or removed on or before January 1, 2030 unless such provision is explicitly prohibited by state or federal law. All offsite signs which are made nonconforming by this amendment to Article VII Signs, FCLDC, shall removed on or before January 1, 2030.

7.06.04. Repairs, maintenance and improvements.

Normal repairs, maintenance and improvements may be made, however, the cost of such improvements made during any two-year period shall not exceed fifty (50) percent of the replacement cost of the sign at the end of the two-year period. 7.06.05. Reconstruction after catastrophe.

If any nonconforming onsite sign is damaged by fire, flood, explosion, collapse, wind, war, or other catastrophe to such an extent that the cost of repair and reconstruction will exceed fifty (50) percent of the replacement cost at the time of damage, it shall not be used or reconstructed except in full conformity with the provision of this article. 7.06.06. Casual, temporary or illegal use.

The casual, temporary, or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use. 7.07.00. MISCELLANEOUS ADVERTISING. 7.07.01. Placing banners across streets.

It shall be unlawful for any person to extend any banner or sign across any public street, park or other public way or property of the county without first having obtained permission from the county administrator or his designee. 7.08.00. ENFORCEMENT.

The code enforcement officer and/or building official shall be empowered to enforce this article.


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7.08.01. Removal of prohibited signs. 1. Prohibited signs on public property or rights-of-way shall be removed

immediately, and may be removed by the employees of the county or its agents without notice.

2. Temporary signs and parasite signs shall be removed within forty-eight (48) hours after receipt of written notification of the code enforcement officer or building official.

3. Other signs prohibited in section 7.02.02 shall be removed by the owner, agent or person in charge of the premises, within thirty (30) days after receipt of written notification by the code enforcement officer or building official. If the sign is not timely removed, the code enforcement officer may refer the violation to the Flagler County Code Enforcement Board.

7.08.02. Removal of unsafe signs.

Should any sign become insecure or in danger of falling, in disrepair or deteriorated, or otherwise unsafe in the opinion of the code enforcement officer or the building official, the owner thereof, or person or firm maintaining it, shall upon receipt of written notification from the building official or code enforcement officer immediately in the case of imminent danger, or within ten (10) days in other instances, secure the sign or cause it to be placed in good repair in a manner approved by the building official, or said sign shall be removed by the owner thereof. If such order is not complied with, the county may remove the sign at the expense of its owner and may place a lien for the cost thereof upon the property on which the sign was located together with any other cost incurred by the county by filing such lien. The lien may be foreclosed in the same manner provided by law for the foreclosure of mortgages and the county shall have the right to receive all costs of court including reasonable attorney fees. 7.08.03. Removal of illegally erected signs.

Where this article requires sign painting or erection by a licensed contractor and such work is not performed by a licensed contractor, the owner or lessee of the property where such illegally erected sign is located shall either:

1. Have the sign immediately removed; 2. Have a licensed contractor secure a permit for such sign, subject to all applicable

county inspections; or 3. Have a stop work order issued.

If neither of the above actions are completed within ten (10) days after

notification by the building official or code enforcement officer the violation may be referred to the Flagler County Code Enforcement Board. The code enforcement board may direct the county to remove the sign at the expense of its owner and may place a lien for the cost thereof upon the property on which the sign was located together with any other cost incurred by the county by filing such lien. The lien may be foreclosed in the same manner provided by law for the foreclosure of mortgages and the county shall have the right to receive all costs of court including reasonable attorney fees.


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7.08.04. Penalties F.S. 125.66. Any violation of this article may be enforced by the code enforcement board and

violators may be ordered to pay a civil fine not exceeding two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compliance, and up to Five hundred dollars ($500.00) per day for repeat violators. Violators also may be prosecuted criminally and are subject to a fine of up to five hundred dollars ($500.00) and/or up to sixty (60) days in jail for each violation, with each day constituting a separate violation. 7.08.05. No defense to nuisance action.

Compliance with the requirements of this article shall not constitute a defense to an action brought to abate a nuisance under common law or under Florida Statutes. 7.08.06 Enforcement and penalties for offsite signs.

1. The county or any taxpayer or resident of the county may bring a code enforcement action to enforce and compel compliance with the provisions of this article against anyone who erects or constructs an offsite sign in violation of section 7.05.01, or against anyone who fails to remove an offsite sign in violation of the provisions of section 7.05.03, or against anyone who violates the provisions of section 7.05.04.

2. In connection with any offsite sign which is erected or constructed in violation of the provisions of section 7.05.01 or 7.05.04, each person responsible for erecting or constructing such offsite sign shall pay the county a penalty of five hundred dollars per day until the offsite sign is removed.

3. In connection with any offsite sign which is not removed as required by section 7.05.03, each person responsible for said removal shall pay the county a penalty of five hundred dollars per day for each day until the offsite sign is removed.

7.09.00. VARIANCES AND APPEALS. 7.09.01. Sign ordinance board of adjustment.

The planning board is hereby designated as the sign ordinance board of adjustment, and is authorized to:

1. Hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by any county official in the enforcement of this article in the interpretations of this article as regards permitting.

2. Consider variances of this article in specific cases where such variances will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign code variances shall

follow those provisions for zoning variances, as outlined in Article III, Zoning District Regulations.


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7.10.00. NONCOMMERCIAL MESSAGES

Any sign permitted under this article to display commercial or economic information or copy is allowed to display noncommercial expression, information or copy.

SECTION 3

. CODIFICATION AND SCRIVENER’S ERRORS

The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of Flagler County, Florida, as amendments thereto, and shall be appropriately renumbered or relettered to conform to the uniform numbering system of the Code. Sections of this Ordinance may require the correction of typographical errors, which do not affect the intent. Such corrections may be authorized without need of a subsequent Public Hearing by filing a corrected or recodified copy of same with the Clerk of the Court.

SECTION 4. CONFLICTS

All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 5

. SEVERABILITY

If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION 6

. EFFECTIVE DATE

This ordinance shall take effect upon filing with the Secretary of State as provided in Section 125.66, Florida Statutes.

[REMAINDER INTENTENTIONALLY BLANK – SIGNATURE PAGE TO FOLLOW]


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PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS

OF FLAGLER COUNTY, FLORIDA THIS _____ DAY OF _______________, 2009.

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS _____________________________ Milissa Holland, Chair

ATTEST: APPROVED AS TO FORM: _____________________________ _____________________________ Gail Wadsworth, Clerk and Albert J. Hadeed, County Attorney Ex Officio Clerk to the Board

Documents

FLAGLER COUNTY PLANNING BOARD · 2009-07-02 · FLAGLER COUNTY PLANNING BOARD Government Services Building Board Chambers 1769 East Moody Blvd., Bunnell, Florida 32110 DATE – July