Fort Walton Beach Council agenda — 09-12-06 ‎(Executive)‎ — reading text

~ -. .__ TYPE FACES LOCATION FDOT EAST/SIDE MECO @ NON 1 P 2 SULLIVAN FAP WEST/SIDE WRIGHT @ . NON 2 p. 2 ROGERS FAP NORTH/ SIDE HOlL YWOOD @ NON 3 P 2 ROBINWOOD FAP NON 4 P 1 WEST/SIDE BEAL @ THIRD FAP WEST/ SIDE SEAL 100' SIO NON 5 p 2 WAL TER MARTIN FAP NON 6 P 2 WEST/SIDE BEAL @ MAPLE FAP NON 7 P 2 EAST/SIDE SEAL @ MCGRIFF FAP NON 8 B 4 EAST/ SIDE PERRY @ THIRD FAP 8 17 TOTALS J.  t .. - '.-:- 1....:"". ' r-> J: r-JK .",. ~ ~ ~',-- _ . NORTH SIDE HWY. 98 W/ O 1 p 2 WRiGHT FAP NORTH/ SIDE HWY. 98 SOO' 2 P 2 W/O SEAL FAP SOUTH/SIDE HWY 98 500' 3 B 2 WID 8EAl FAP NORTH/ SIDE HW'f:. . 98' 80..---. 4 B 2 HARBESON FAP NORTH SIDE HWY. 98 @ 5 B 2 BROOKS BRIDGE FAP SOUTH/ SIDE HWY. 98 @ 6 P 4 BROOKS BRIDGE FAP 7 P 3 EAST/ SIDE EGLIN S/ O PERRY FAP EAST/ SIDE EGLIN @ 8 B 1 HOllYWOOD FAP tr 8 18 TOTALS  LAMAR ADVERTISING EXHIBIT " A" city of Fort Walton Beach Suggested Language for Sign Ordinance (Lamar Advertising) February 25, 2004 The purpose of this language is to eliminate the ambiguity of the current ordinance and confoun to the spirit of the settlement agreement by and between Lamar and the City. The language would recognize the existence of and allow for reconstruction and/or improvements to existing structures assure proper maintenance and prevent further proliferation of billboards. Outdoor advertising sign also known as << off premises sign" and!or " billboard sign" is hereinafter referred to as a "billboard'. BillboardS: a) A billboard is any sign composed of atlat surface upon which advertising copy is displayed promoting goods. services of other things not sold or available upon the site where the sign is located. The advertising copy may be changed ro::lmly, mechanic8lly or electronically. Any mechanical or electronic devices must meet all Florida Department of Transportation regulations. b) A 1?illboard is a permanent ground sign supported by a si.ngle metallic pole attached to,which is a sign face.the bottom of which is a minimum of20' above groundleve: l and the top of which is a:maximum of 55' above grOUnd level. . r ' ( c) A b4lboard sign face area is calculated as any r, egular geoin~ c which ',' < shape ci:uttiUns,the entire surfaCe area of the' sign. A vee shape or b8c1C'u) back ' co~guration sball be considered one tace. . "... d) A billbOard sign shall not the configured as side by side faces or stacked faces. e) A billboard sign face shall not exceed 380 sq. ft. f)Billboards are permitted in the following zones . Billboard structures shall be loCated only adjaCent the ROW of roads listed in the Federal ffighway System F(ederal Aid Primary - FAP). The setback ftom the ROW shall be a minimum of 20'. The setback from a property sideline shall be a miriimwn of 10' . g) The total number of billboard sign structures allowed in the is The City eight ( 8). city shall inventory the existing billboard structureS and m~1nV1itl a master list thereof. These eight structures may be relocated or reconstructed in the allowed zoning areas but in no case shall the total number of structures exceed eight ( 8). h) A permit to.reconstruct an existing billboard structure shall be issUed providing that the application and accompanying drawings meet the requirements ofthe City building dept.FOOT regwations) meet wind loading criteria of 130 mphand further cOmply with state building codes per Florida statutes 553. 79(7). Reconstruct: To construct, erect) bui1~ relocate. raise) assemble) place) ~ attac~ create) paint. draw, or any other way bring into being or establish; but it shall not include any of the foregoing activities when performed as an incident to the change o' f message. protection from weather damage such as face removal for storm protection or routine maintenance.  Toni L. Craig Marital & Family Law Attorney at Law Construction Law 31 July 2005 James E. Moore The Moore Law Firm, P A 135 John Sims Pkwy Niceville FL 32588 RE: Lamar Sign Permit Review 252 Miracle Strip Pkwy SE Fort Walton Beach FL Dear Mr. Moore, I represent the City of Fort Walton Beach and have received a copy of your July 7, 2005, letter addressed to Malcolm Foley, Supervisor, Zoning and Building Division. I understand that the billboard at 252 Miracle Strip Pkwy SE was damaged in Hurricane Ivan and is one of the protected signs pursuant to the Lamar Litigation Settlement Agreement. Your client filed an application with the City because in your words, " the billboard in question must and will be rebuilt." Be advised that on June 8, 2005, I issued my legal opinion regarding the Lamar application for a permit. My legal opinion stated: I have reviewed all the pertinent information regarding the Building Permit Application by Lamar Corporation for the billboard at 252 Miracle Strip Parkway. The application specifically states the type of work is " demolition of existing billboard structure & construction of new billboard structure." This billboard is one of the eight F AP boards addressed in the Settlement Agreement from the Lamar litigation. The Agreement specifically allows Lamar to " maintain and operate" those eight boards. Chapter 479 defines the term " maintain." " Maintain" means to allow to exist." Section 14- 10. 007( 4), Florida Administrative Code, specifically states that a sign may not be disassembled and re- erected at the same location unless' the nonconforming sign meets the criteria set forth in section 14- 10. 007( 6). This application for a building permit does not satisfy the criteria of section 14- 10. 007( 6). Therefore, I advise that your denial of the permit is legally correct." 244 Racetrack Rd NE Fort Walton Beach FL 32547- 1866 850) 243- 6969 Fax: ( 850) 244- 8929 EmaiI: attycrg@aoI.com Page Two Moore/Fo1ey Lamar The City has undertaken review of the application for "demolition" and " rebuild[ ing]" of this sign in conformance with the current City Code. The interpretation of the Settlement Agreement could be the purview of the Court. However, the express terms of the settlement agreement do not extend the ability to re- erect those protected signs nor abrogate the City' s authority to regulate the technical aspects of maintaining, operating, and re- erecting any billboard. The settlement agreement simply protects those named eight signs from the amortization process which the City had undertaken at the time the litigation was ongoing. The application is technically insufficient and was therefore properly denied. If Lamar proceeds to re- erect the sign without proper permitting, please know that the City may pursue all Code Enforcement and injunctive relief to which it is entitled. Thank you for your cooperation, and if you have any further questions, contact me. Sincerely, Gb~{ L --, ToniL. Cnrig ~ tic! CC: CDS Director City Manager Pennington Moore Gerald S. Livingston Wilkinson Attorney at Law Bell~