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Atlantic Beach schedules March 23 public hearings for flag-sign rules and Circle district height/setbacks
Summary
Council called hearings for Proposed Ordinance 26-02-01 (flags) and for UDO amendments to reduce Circle district heights and set minimum setbacks; state law (HB926 and a January 2025 down-zoning prohibition) constrains some options, and staff will consult the town attorney on alternatives.
Planning Director Elisabeth Webster asked the council to amend Chapter 18, Section 10, of the Unified Development Ordinance to reflect a state-law change that prevents municipalities from restricting the size of United States and North Carolina flags. Webster said the proposed text would exempt U.S. and N.C. flags from a 60-square-foot size limit while keeping the limit for all other flags.
Councilmember Joseph Starling and Councilmember Renea Baker raised a drafting concern that the ordinance should specifically exempt only the US and NC flags rather than removing the 60-square-foot rule entirely for all flags. Councilmember Baker moved to call for a public hearing on Proposed Ordinance 26-02-01 for March 23, 2026 at 6:00 p.m.; the motion passed unanimously, 5-0.
Webster also presented proposed UDO amendments for the Circle A and Circle A1 districts. She said current height allowances (155 and 185 feet) are far taller than most town districts (45-55 feet). Council discussed aligning maximum heights with actual development; council agreed to reduce the limit to 90 feet, set minimum side setbacks at 5 feet (creating 10 feet between structures), and front and rear setbacks at 10 feet. Councilmember Austin Waters moved to call for a public hearing on these UDO amendments for March 23; Mayor Pro Tem Harry Archer seconded and the vote was unanimous, 5-0.
Council also discussed a separate zoning issue involving event venues in MUN and MHI districts. The town attorney advised that a January 2025 state law prohibits "down zoning," which prevents the town from removing previously allowed uses; Webster said she will investigate whether an exemption is possible but that relief would have to come from the legislature.
The public hearings for the ordinances were scheduled for March 23 at 6:00 p.m.; staff was directed to refine ordinance language and to consult with the town attorney to ensure compliance with state law.
