1 The Land Use and Zoning Committee offers the following substitute 2 to File No. 2009-401: 3 4 Introduced by Council Members Jones, Joost, Johnson, Redman, Brown, 5 Holt, Shad, Davis, Fussell & Gaffney and substituted by the Land 6 Use and Zoning Committee: 7 8 9 ORDINANCE 2009-401 AN ORDINANCE AMENDING SECTION 10 (EXEMPTIONS), 11 656.1303 (ZONING 12 ORDINANCE CODE, 13 TRANSIT SHELTERS 14 PUBLICLY OWNED 15 PROPERTY; 16 SIGN 17 REFERENCE 18 ORDINANCE CODE, AS AMENDED; AMENDING SECTION 19 656.1333 (SIGNS SECTION 20 (SIGNS EXEMPTED) 21 (STREETSCAPE 22 CODE, 23 AMENDING SECTION 307.106 (APPROVAL OF CHANGES 24 TO LANDMARKS, LANDMARK SITES, AND PROPERTY IN 25 HISTORIC 26 ORDINANCE 27 TRANSIT 28 SEVERABILITY 29 TEXT OF ORDINANCE CODE SECTIONS FOR REFERENCE; 30 PROVIDING AN EFFECTIVE DATE. 31 ORDINANCE LIMITATIONS TO PERMIT ON AMENDING CODE, SHELTER TO HPC TYPES; THROUGHOUT; CROSS 656.1334 656.361.20 APPLICABLE APPLICATION DESIGN OWNED (EXEMPTIONS), STANDARDS), REGARDING ON (UNLAWFUL CODE, SECTION CRITERIA DISTRICTS; SIGNS), 326.104 PERMITTED), DESIGN ON RIGHTS-OF-WAY, 326.103 & SECTION PRIVATELY ORDINANCE SECTION LIST OR SECTION & ADVERTISING PUBLIC PROPERTY, STRUCTURES), TO CODE, 326.103 ORDINANCE DOWNTOWN; PROCEDURES), APPROVAL PROVIDING ATTACHING OF FOR CURRENT 1 WHEREAS, Section 337.408, Florida Statutes, permits transit 2 shelters, including advertising 3 right-of-way 4 provided 5 convenience of the general public or are at designated stops on 6 official 7 Exhibit 1, attached hereto; and limits that bus of such any municipal, transit routes, as displayed shelters more thereon, county, are for particularly within or state the the road, comfort described in or Revised 8 WHEREAS, on January 6, 2009, in Metro Lights, LLC v. City of 9 Los Angeles, the United States Court of Appeals, Ninth Circuit, 10 held that permitting 11 rights-of-way 12 otherwise banning 13 aesthetics as 14 unconstitutionally underinclusive under the First Amendment of the 15 United 16 Exhibit 2, attached hereto; and or States on advertising transit offsite transit shelters signs substantial Constitution, on to on public promote government as more shelters on public property, traffic safety interests, particularly while is and not described in 17 WHEREAS, while the Council of the City of Jacksonville remains 18 dedicated to protecting the substantial governmental interests of 19 promoting traffic safety and aesthetics which underlies the Charter 20 and Ordinance Code provisions regarding offsite commercial signs, 21 the 22 interests 23 service to the community, and maximizing the use of public dollars 24 for such purpose; now therefore, Council in is also providing mindful of safe, the efficient substantial and governmental convenient transit 25 BE IT ORDAINED by the Council of the City of Jacksonville: 26 Section 1. 27 & 28 Amended. 29 326.104 30 amended, in part, to read as follows: 31 Section 326.104 Section 326.103 (Exemptions), Ordinance Code, (Unlawful Sign Structures), Ordinance Code, Section 326.103 (Exemptions), Ordinance Code, & Section (Unlawful Sign Structures), Ordinance Code are CHAPTER 326. SIGNS AND OUTDOOR DISPLAY STRUCTURES. - 2 - hereby 1 PART 1. GENERAL REGULATIONS. 2 * 3 Sec. 326.103. * (p) * * * Exemptions. 4 5 * Signs on transit shelters located on public rights-of 6 way, 7 subject to Section 326.108 (Zoning Limitations on Signs). 8 9 publicly owned property, or privately owned property, all In the event that any portion of this section, including any exception contained herein, is declared invalid, unenforceable, 10 unconstitutional or void, or is permanently enjoined, or if the 11 existence of any provision of this section would result in any 12 other portion of this Chapter or Chapter 656 or Article 23 of the 13 Charter being held to be invalid, unenforceable, unconstitutional 14 or void, and the court does not sever such invalid portion of this 15 section, then the invalid portion of this section is repealed and 16 invalid and thereafter no signs of the type included within the 17 exemption shall be erected without compliance with the remainder of 18 this Chapter and this Ordinance Code. It is the specific intent 19 that the invalidity of any portion of this section shall not affect 20 any other section, subsection, paragraph, subparagraph, sentence, 21 phrase, clause or word of this Chapter, Chapter 656, Article 23 of 22 the Charter, or this Ordinance Code. 23 24 * Sec. 326.104. * * Unlawful sign structures. It shall be unlawful 25 and a violation of this Building Code to erect, alter or maintain a 26 sign which: 27 28 * * * (d) as Is placed provided in public 29 except 30 identification 31 Sections 746.107 and 656.1308. signs in a Section may be space or 326.103(p), installed - 3 - street and under right-of-way, that the subdivision provisions of 1 * * * 2 Section 2. Section Ordinance 656.361.20 standards), 4 (Streetscape design standards), Ordinance Code, is hereby amended, 5 in part, to read as follows: Section 656.361.20 CHAPTER 656. ZONING CODE. 7 * 8 * * PART 3. SCHEDULE OF DISTRICT REGULATIONS. 9 10 Amended. design 3 6 Code, (Streetscape * * * SUBPART H. DOWNTOWN OVERLAY ZONE AND DOWNTOWN DISTRICT REGULATIONS. 11 * 12 Section 656.361.20. 13 Purpose and Streetscape design standards. Intent. The streetscape 16 use; develop a system of pedestrian-oriented streets and walkways; 17 improve pedestrian and transit links among key activity centers and 18 districts; emphasize, protect and enhance entrances and edges of 19 the 20 between public and private developments; provide for protection of 21 air quality through the mitigating effects of trees and provide 22 shade and enhance the appearance of the central business district. 23 All new buildings and structures, and rehabilitation of existing 24 buildings and structures, and any other proposed projects, public 25 or private, that would affect, modify or change the streetscape 26 shall meet the following criteria: district which subdistricts; require promote a are level of quality; enhance street level design to attract pedestrian (a) criteria standards 15 business design design established central provide * 14 27 to * certain continuity A streetscape shall be constructed in accordance 28 with the provisions of this subsection and the design standards set 29 forth in the Downtown Jacksonville Streetscape Standards, including 30 Downtown Sidewalk Utility Design Standards, a copy of which is on 31 file with the Legislative Services Division, the City Engineer's - 4 - 1 Office and the JEDC, which are hereby adopted as the streetscape 2 design standards for the Downtown Overlay Zone, whenever any new 3 building or structure is erected in the central business district 4 or 5 whenever any existing renovation, or whenever 6 streetscape. The streetscape 7 unless 8 streetscape, 9 shall adhere to the following, except as provided in clause (xi) of the proposed then (5), any the unless or structure improvements shall project only or building is include only proposed are the for made to following improvements changes to items, to the streetscape 11 changes to the streetscape are substantial enough to warrant the 12 entire streetscape affected to be improved to the full standard: 14 (5) * that the subsection * determines the major 10 13 staff undergoes the proposed * Transit Shelters. Transit shelters shall be 15 installed where appropriate. The type and design, number, spacing 16 and location of transit shelters shall be approved by the DDRB 17 pursuant 18 standards 19 Standards, and as approved by the City’s Engineer, if required. 20 The transit shelter design type shall be chosen from at least three 21 options provided by JTA, whose design shall be in keeping with the 22 historic character of the downtown streetscape furniture and street 23 lights. 24 occur before final approval of the transit shelter by the DDRB. Any 25 changes 26 and/or the City’s Engineer shall be communicated to the DDRB, and 27 approval granted by the DDRB prior to the City’s Engineer approving 28 such changes. 29 to Section set forth 656.361.9(d)(2)(iii) in the Downtown and comply Jacksonville with the Streetscape Such approval by the City’s Engineer, if required, shall to the transit shelter after the DDRB approval by JTA The following criteria shall apply: (i) The permitted transit shelter site, 30 excluding overhangs, shall be no larger than 16 feet long by 10 feet 31 high by 5 feet wide, and no larger than 80 square feet in size. - 5 - 1 (ii) The overhang shall have a minimum 2 clearance of 8 feet and be set back from the back of curb a minimum 3 of 2 feet. 4 (iii) Site location of transit shelters 5 must provide a minimum of 6 feet clearance to pedestrians on the 6 sidewalk or other surface allowing for pedestrians. 7 8 (iv) Transit shelters must be at least 6 feet from any driveway. 9 (v) Transit shelters shall only number 10 one per side of street per block, except the bus rapid transit 11 stations as shown on JTA’s Jacksonville BRT Phase I map, a copy 12 which is on file with the JEDC. 13 14 (vi) of 10 feet from an intersection or crosswalk. 15 16 (vii) Transit shelters must be a minimum of 6 feet from any building entrance or exit. 17 18 Transit shelters must be a minimum (viii) Transit shelters may not obstruct any view of traffic or roadway signage. 19 (ix) 20 with 21 interfere with the ability of vehicular users of the road to read 22 traffic signs or see traffic signals. 23 lighting that is Transit shelters may be illuminated interior (x) to the structure and shall not Transit shelters shall include, at a 24 minimum, one trash can per shelter and the trash can shall not 25 obstruct the minimum 6 feet requirement for pedestrian clearance on 26 the sidewalk or other surface allowing for pedestrians. 27 (xi) Transit shelters that disrupt more 28 than 50% of any one side of the street, per block, shall meet the 29 Downtown Streetscape Design Standards for the side of the street, 30 per block, that is disrupted. - 6 - 1 (xii) required to meet Existing transit shelters shall not 2 be 3 transit shelter, which shall meet the requirements of clauses (i) 4 through (xii) and (xiii) of this subsection. 5 these standards (xiii) until replaced with a new Any signage associated with transit 6 shelters and associated areas shall be subject to Chapter 656, Part 7 13, Subpart B. 8 (xiv) In the event that any portion of 9 this section, including any exception contained herein, is declared 10 invalid, unenforceable, unconstitutional or void, or is permanently 11 enjoined, or if the existence of any provision of this section 12 would result in any other portion of this Chapter or Chapter 326 or 13 Article 23 of the Charter being held to be invalid, unenforceable, 14 unconstitutional or void, and the court does not sever such invalid 15 portion of this section, then the invalid portion of this section 16 is 17 included within the exemption shall be erected without compliance 18 with the remainder of this Chapter and this Ordinance Code. It is 19 the specific intent that the invalidity of any portion of this 20 section shall not affect any other section, subsection, paragraph, 21 subparagraph, sentence, phrase, clause or word of this Chapter, 22 Chapter 326, Article 23 of the Charter, or this Ordinance Code. 23 repealed and invalid Section 3. and Section (Zoning the Limitations on 26 Code, Amended. 27 Ordinance Code, Section 656.1333 (Signs Permitted), Ordinance Code, 28 & Section 656.1334 (Signs Exempted), Ordinance Code, are hereby 29 amended, in part, to read as follows: 31 656.1334 (Signs (Signs type Ordinance Section 656.1333 of 25 & Section signs Signs), Code, Code, 656.1303 no 24 30 Ordinance thereafter Permitted), Exempted), Ordinance Section 656.1303 (Zoning Limitations On Signs), CHAPTER 656. ZONING CODE. * * * - 7 - 1 PART 13. SIGN REGULATIONS. 2 * 3 * * Sec. 656.1303. Zoning limitations on signs. 4 5 (k) 7 (3) of way, 9 subject * * * * * Special exemptions: 6 8 * Signs on transit shelters located on public rights- publicly to 10 provisions 11 656.361.20. the in 12 owned property, following Chapter (i) or criteria 656, privately and except Transit owned superseding as shelters provided with property, any in other Section advertising and 13 internal sign illumination are not permitted on or adjacent to AGR, 14 CSV, ROS, or RR-Acre zoning districts, and are not permitted within 15 PUD zoning districts in AGR, CSV, ROS, or RR land use categories. 16 (ii) Transit 18 adjacent to 19 districts, PUD zoning districts in an LDR land use category, and 20 adjacent to schools and parks in a PBF land use category. (iii) zoning districts, Transit by sign RMD-A shelters and with waiver RMD-B on and sign RLD permitted advertising internal all are with 17 21 illumination shelters or zoning advertising and 22 internal sign illumination are permitted by right on or adjacent to 23 RMC-C, RMD-D, CO, and CRO zoning districts if the transit shelter 24 location is on an identified corridor according to the JTA Corridor 25 Route Map, and the transit shelter is at least 200 feet from a 26 single family use. 27 and CRO zoning districts are permitted by sign waiver. 28 (iv) All others on or adjacent to RMC-C, RMD-D, CO, Transit shelters with advertising and 29 internal sign illumination are permitted by right on or adjacent to 30 RMD-MH, RHD-A, RHD-B, CN, CCG-1, CCG-2, IBP, IL, IH, IW, PBF-1 31 (except schools and parks), PBF-2 (except schools and parks), PUD - 8 - 1 (unless otherwise 2 limited herein) 3 category. 4 limited zoning and districts, (v) sign herein), Transit within shelters not the with permitted otherwise land use advertising and in CBD internal 6 Avondale Zoning Overlay, the Riverside Avondale Historic District, 7 the Springfield Zoning Overlay, the Springfield Historic District, 8 or any other locally or nationally designated historic districts. (vi) are and (unless 5 9 illumination PUD-SC the Riverside Signs shall not exceed 24 square feet in 10 size per transit shelter with a dimension no higher or wider than 11 the size dimensions of the shelter side that the sign is to be 12 placed or attached to, below the bottom of the roofline and the 13 sidewalk, or other surface, the shelter is attached to. 14 15 (vii) Signs shall not exceed a maximum of two (2) signs on a transit shelter structure. 16 (viii) Transit shelters with advertising and 17 internal illumination shall not be deemed non-conforming uses if 18 its zoning district or the adjacent zoning district changes after 19 installation of the transit shelter. 20 (ix) to JTA shall report each year to the City 21 Council provide 22 advertising. The 23 construction locations, 24 ridership demand and special needs. 25 (x) including an assessment report shall and In any transit document provide the of event exception a the shelters transit correlation that contained any shelter based portion of is on this 26 section, 27 invalid, unenforceable, unconstitutional or void, or is permanently 28 enjoined, or if the existence of any provision of this section 29 would result in any other portion of this Chapter or Chapter 326 or 30 Article 23 of the Charter being held to be invalid, unenforceable, 31 unconstitutional or void, and the court does not sever such invalid - 9 - herein, with declared 1 portion of this section, then the invalid portion of this section 2 is 3 included within the exemption shall be erected without compliance 4 with the remainder of this Chapter and this Ordinance Code. It is 5 the specific intent that the invalidity of any portion of this 6 section shall not affect any other section, subsection, paragraph, 7 subparagraph, sentence, phrase, clause or word of this Chapter, 8 Chapter 326, Article 23 of the Charter, or this Ordinance Code. repealed and invalid and 9 * 10 SUBPART B. * no signs of the type * DOWNTOWN SIGN OVERLAY 11 12 thereafter * * * Sec. 656.1333. Signs permitted. 13 * Pylon/pole, roof, * * 14 (f) and monument signs, and transit 15 shelter signs: 16 Downtown Development Review Board using the criteria set forth in 17 subsection 18 Unless otherwise provided in the special exception, all pylon/pole 19 signs shall meet the setback requirements of Section 656.1303(i). 20 Transit 21 656.1333(h) and shall not be eligible for a special sign exception 22 under Section 656.1331(j), but shall only be allowed by special 23 exception 24 656.1333(h). Allowed only by special exception approved by the (2) of shelter this signs following Section, shall the 25 except meet the criterion * * transit shelter requirements outlined in under signs. Section Section * 26 (h) Transit shelter signs with advertising: Transit shelter 27 signs with advertising shall be subject to Section 656.1333 (f) and 28 shall only be permitted subject to the following criteria: 29 (1) Signs do not exceed 24 square feet in size per 30 transit shelter with a dimension no higher or wider than the size 31 dimensions of the shelter side that the sign is to be placed or - 10 - 1 attached to, below the bottom of the roofline and the sidewalk, or 2 other surface, the shelter is attached to. 3 4 (2) Signs do not exceed a maximum of two (2) signs on a transit shelter structure 5 (3) Advertisement is 7 October 26, 2006, a copy of which is on file with the JEDC. Any 8 modifications 9 reviewed and approved by the DDRB. (4) feet this policy that advertising with Jacksonville to Authority’s consistent 6 10 Transportation content affects policy downtown dated shall be Transit route information signs shall not exceed 6 11 square 12 dimensional 13 Section 656.1333(d)(2)(C), and shall not obstruct the minimum 6 14 feet requirement for pedestrian clearance on the sidewalk or other 15 surface allowing for pedestrians. 16 in size and requirements shall as meet universal the same parking clear signs view zone pursuant to (5) DDRB staff shall be authorized to review changes to 17 advertisement 18 transit shelter and associated advertisement 19 the location and size of the advertisement signage plan has not 20 changed and the advertisement signage plan is consistent with the 21 Jacksonville 22 approved by DDRB. If DDRB staff determine a proposed advertisement 23 to 24 Transportation 25 Jacksonville Transportation Authority shall not place the proposed 26 advertisement 27 advertisement is considered by DDRB staff to be consistent with 28 said advertisement policy. be content and design within a previously DDRB approved Transportations changed 29 out is Authority’s on the In any exception including 31 unenforceable, the event advertisement consistent with advertising affected (6) 30 not Authority’s signage plan provided transit that any contained unconstitutional or - 11 - void, then shelter is or of as Jacksonville policy, portion herein, the policy until the said this section, declared invalid, is permanently 1 enjoined, or if the existence of any provision of this section 2 would result in any other portion of this Chapter or Chapter 326 or 3 Article 23 of the Charter being held to be invalid, unenforceable, 4 unconstitutional or void, and the court does not sever such invalid 5 portion of this section, then the invalid portion of this section 6 is 7 included within the exemption shall be erected without compliance 8 with the remainder of this Chapter and this Ordinance Code. It is 9 the specific intent that the invalidity of any portion of this 10 section shall not affect any other section, subsection, paragraph, 11 subparagraph, sentence, phrase, clause or word of this Chapter, 12 Chapter 326, Article 23 of the Charter, or this Ordinance Code. 13 repealed (ih) and invalid and thereafter Sign area computation: no signs of the type For signs erected pursuant to 14 this Section, the area of each sign surface shall be calculated as 15 provided in Section 656.1302(u). 16 (ji) Special Board may sign exceptions: approve special The Review 18 656.1333 provided the proposed sign plan shows, in addition to the 19 criteria set forth in Section 656.1335 and Section 656.1303(c): * 21 (kj) Other signs * exceptions Development 17 20 sign Downtown to Section * prohibited: Any sign not specifically 22 allowed in this Section or exempted under Section 656.1334 shall be 23 prohibited. 24 (lk) Compliance with Building Codes: requirements of this Subpart, 25 the 26 Overlay Zone shall also meet all applicable requirements of the 27 Florida Building Code and the City of Jacksonville Building Code - 28 Administrative Provisions. 29 Sec. 656.1334. Signs exempted. 30 (a) 31 signs In addition to meeting in the Downtown Sign The following signs do not require permits or fee payment but are subject to design review by the Downtown Development Review - 12 - 1 Board Development Authority: 2 * 3 4 (4) * * Signs on transit shelters located on public rights-of-way, on publicly owned property, or privately owned 5 property, as permitted by Section 656.1303 and subject to Sections 6 656.361.20 and 656.1333. 7 (b) The following signs do not require permits, fee payment, 8 or 9 Development Authority, so long as such signs meet the requirements 10 design review by the Downtown Review * (c) * * The following signs do not require permits, fee payment, 13 or design review by the Downtown Development Review Board 14 Development Authority: 15 16 Board of the Sections indicated: 11 12 Development * Section 4. Section landmark sites, * * 307.106 application 19 307.106 20 property in historic districts; application procedures), Ordinance 21 Code, is hereby amended, in part, to read as follows: of changes to Code, historic to 18 Ordinance in changes landmarks, (Approval property of 17 procedures), and (Approval districts; amended. landmarks, landmark Section sites, 22 CHAPTER 307. HISTORIC PRESERVATION AND PROTECTION. 23 PART 1. GENERAL PROVISIONS. 24 25 * Section 307.106. 26 landmark sites, 27 procedures. and property in * (v) The 30 approve the 31 nationally Historic transit designated * Approval 28 29 * of design historic to districts; landmarks, application * Preservation shelter changes historic * and Commission type district. - 13 - shall review for any locally The transit and or shelter 1 design type shall be chosen from at least three options provided by 2 JTA, whose design shall be in keeping with the applicable Historic 3 District Regulations. 4 shelter which conforms to the transit shelter design type approved 5 by 6 656.1303(k)(3)(v), transit shelters with advertising and internal 7 sign 8 Zoning 9 Springfield Zoning Overlay, the Springfield Historic District, or the Historic illumination Overlay, No COA shall be required for any transit Preservation are the not Commission. permitted Riverside in Avondale Pursuant the to Riverside Historic Section Avondale District, 10 any other locally or nationally designated historic districts. 11 * 12 Section 5. * Conformance the * with Code. The Jacksonville 13 Municipal Ordinance Code is hereby amended throughout all sections 14 of the Ordinance Code to conform with the intent of the provisions 15 in Sections 1 through 4 of this ordinance. 16 Counsel along with the Municipal Code codifiers are authorized and 17 directed to ensure code changes are properly codified as approved 18 herein. 19 Section 6. Severability The Office of General Clause. It is the specific 20 intent of the Council that in the event that any portion of this 21 ordinance, including any exception contained herein, is declared 22 invalid, unenforceable, unconstitutional or void, or is permanently 23 enjoined, or if the existence of any provision of this ordinance 24 would result in any other portion of Chapter 326, Chapter 656 or 25 Article 23 of the Charter being held to be invalid, unenforceable, 26 unconstitutional or void, and the court does not sever such invalid 27 portion of this section, then the invalid portion of this ordinance 28 is 29 included within the exemption shall be erected without compliance 30 with the remainder of the applicable Chapter or Article. It is the 31 specific repealed and intent invalid that the and thereafter invalidity - 14 - of no signs any of portion the of type this 1 ordinance 2 paragraph, 3 Chapter 4 Jacksonville Municipal Ordinance Code. 5 shall not affect subparagraph, 326, Chapter Section 7. any sentence, 656, Article other phrase, 23 of Current Code Attached. section, clause the subsection, or Charter, word of or the The current text of 6 the Ordinance Code Sections amended by this Ordinance is attached 7 hereto for reference as Revised Exhibit 3. 8 9 10 Section 8. Effective Date. This Ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature. 11 12 Form Approved: 13 14 /s/ Shannon K. Eller____________ 15 Office of General Counsel 16 Legislation Prepared By: 17 G:\SHARED\LEGIS.CC\2009\sub\LUZ SUBS\2009-401 LUZ SUB.doc Shannon K. Eller - 15 -