Item O4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 19,2009
Division: Growth Management
Bulk Item: Yes
NoK-
Department: Planning & Environmental Resource
Staff Contact Person: Andrew O. Trivette
Growth Management Director Ext. #2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending Chapter 142 Signs
in the Land Development Code, specifically by amending Section 142-3 regarding vehicle and A-frame
signs; by amending Section 142-4 regarding off-premises signs; by amending section 142-5 regarding
electronic signs; and by creating Section 142-8 for special identification signs; providing for
severability; providing for repeal of inconsistent provisions; providing for transmittal to the secretary of
State and Department of Community Mfairs; providing for codification; providing for an effective date.
ITEM BACKGROUND: In December 2008, Code Enforcement conducted County-wide enforcement
of all prohibited signs, signs requiring a permit, unsafe signs, "off premises" signs, and signs in the State
rights-of-way. At the January 2009 BOCC meeting several business owners spoke about the economic
climate and the need to keep these prohibited signs or "go out of business". After the January BOCC
meeting, Planning Department staff conducted a series of public workshops to receive input from
business owners and citizens as to whether and how sign regulations should be revised. The Planning
Commission held a public hearing about the proposed ordinance on June 24, 2009 and JuIy 8, 2009,
which was continued to July 22, 2009. Based on the facts presented at the meeting, the Planning
Commission recommended approval (4-1) of the ordinance to the Board of County Commissioners.
PREVIOUS RELEVANT BOCC ACTION:
January 28, 2009 - BOCC agreed that a "temporary stay" of Code Enforcement proceedings against
certain prohibited signs would be granted for six months or until a new sign ordinance was written. If
the signs are stilI in violation after the new ordinance is completed, they will be subject to code
enforcement review.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval with a recommendation that the A-frame size be reduced
from 3' x 4' to 2' x 3' and maintaining the sunset date of December 31, 2010.
TOTAL COST: N/ A
COST TO COUNTY: N/A
BUDGETED: Yes No N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes
No N/ A AMOUNT PER MONTH: N/ A Year
APPROVED BY: County Attorney ---1L- OMB / Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
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ORDINANCE NO. -2009
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING CHAPTER 142 SIGNS OF
THE MONROE COUNTY CODE; SPECIFICALLY BY AMENDING
SECTION 142-3 REGARDING VEHICLE AND A-FRAME SIGNS; BY
AMENDING SECTION 142-4 REGARDING OFF-PREMISES SIGNS;
BY AMENDING SECTION 142-5 REGARDING ELECTROKIC
SIGNS; AND BY CREATING SECTION 142-8 REGARDING
SPECIAL IDENTIFICA TION SIGNS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
SECRETARY OF STATE AND DEPARTMENT OF COMMUNIty
AFFAIRS; PROVIDING FOR CODIFICATION; PROVIDING FOR j,\N
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners makes the following Findings of Fact
and Conclusions of Law:
I. At the January 28, 2009 Board of County Commissioners (BOCC) meeting, the
BOCC directed the Department of Planning and Environmental Resources to
review Chapter 142 Signs of the Monroe County Code.
2. The Department of Planning and Environmental Resources conducted three (3)
public workshops to receive public input regarding sign regulation revisions.
3. Federal and State law grants power to Monroe County to regulate signs in order to
promote the safety and general welfare of its citizens.
4. Monroe County has adopted land use policies and objectives in a comprehensive
plan to guide policy on building and land use regulations, and to promote health,
safety, and general welfare.
5. The provisions of this ordinance are consistent with the Monroe County
Comprehensive Plan and the Principals for Guiding Development in the Florida
Keys Area of Critical State Concern.
6. The Monroe County Planning Commission held a duly advertised public hearing
on June 24, 2009 and July 8, 2009, which was continued to July 22,12009 and
recommended approval to the Board of County Commissioners.
BOCC Sign Ordinance July 29, 2009
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMISSIONERS OF MONROE COUNTY, FLORIDA:
PROPOSED TEXT CHANGES are presented in strikethrough to indicate deletions and
underline to indicate additions.
Section 1. Section 142-3 is amended as follows:
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(b) Prohibited signs. The following types of signs, lights, advertising devices or
activities are prohibited:
(1) Off-premises signs, except as specifically allov,'ed in this chapter; excluding
signs identifying lawfully-established off-premises businesses, as permitted in
section 142-4;
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(7) No person shall park any vehicle, trailer, floating device, barge, raft, personal
..vater craft, or boat, whether licensed or unlicensed, on a any public property,
including public right~-of-way, and pa9lte beaches, public property or on
private property so as to be clearly visible from any public right-of-way,
which has attached thereto or located thereon any sign, or promotional
element, for the primary purpose of providing advertisement advertising ef
products or services, conveying messages or directing people to a business or
activity-,- located on the same or nearby property or any other premises. This
restriction is not intended to prohibit a incidental signage on or attached to a
functional, licensed vehicle which is displayed in a manner to primarily
identify the vehicle with the business it serves-,-; such vehicles shall only park
in a lawful parking space. Vehicle signs may not be an attachment that
extends or protrudes from the vehicle. However, commercial vehicles that
provide delivery services, including taxies, shall be allowed a temporary
attached roof sign that identifies the business. Such sign shall only be allowed
on the vehicle while doing business and shall be no larger than 24" long, 12"
tall and 10" wide, including the base.
(8) Portable signs, except for A-frame signs as permitted in Section 142-4 and
political campaign signs as permitted in Section l42-3(d) displayed for a
limited duration;
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BOCC Sign Ordinance July 29,2009
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Section 2. Section 142-4 is amended as follows:
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(3) Signs in commercial areas.
Sign allowances in commercial areas (AD, CF A, CFS, DR, I, MF, MI, MU, RV, SC, UC)
shall be calculated based on the amount of property frontage and business frontage as
follows:
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d. A-frame si:;:ns (i.e. Sandwich board signs). Through December 31, 2010,
every nonresidential developed parcel of land boarding on U.S. I shall be
allowed A-frame signs, as indicated in the following table:
Street Frontage Maximum Number of Signs*
(Linear feet)
I' to 75' 1
76' to 150' 2
151' to 225' 3
226' to 300- 4
Over 300' 5
* No business shall be allowed more than one sign.
A-frame signs may only be permitted provided the following standards are met:
1. The sign is no greater than three (3) feet in width and no g:reater than four
(4) feet in height, exclusive oflegs that can be no more than six (6) inches in
height;
2. The sign is of A-frame-type construction, with only two (2) sign faces that
are joined at the top;
3. Each sign face is no more than twelve (12) square feet in area;
4. The sign is portable and not permanently affixed to the ground;
5. The sign is located on a private parcel of land and identifies a business on
that same private parcel of land;
6. The sign shall not be located on a public right-of-way, or walkway.
7. The sign shall only identify a lawfully-established business name( s) and/or
other information directly related to that business;
8. The sign shall not be located in a clear sight triangle;
9. The sign shall not be illuminated or electric and shall not have any electric
devices attached thereto;
10. The sign shall only be displayed during the business hours of the business it
identifies and shall be stored indoors during non-business hours.
II. The sign shall be stored indoors during tropical storm/hurricane watches and
warnings and other severe weather advisories; and
12. The building permit number shall be permanently affixed to the sign or sign
structure in such a manner as to be plainly visible from grade,
BOCC Sign Ordinance July 29, 2009
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Section 3. Section 142-4 is amended as follows:
(4) Ofr-premises ad','cr:ising signs. Any nonresidential, de,,'eloped property lawfully-
established business located on U.S. 1 shall be allowed to dedicate any portion of
its allowance for ef.-tfle ',vall or one (1) ground-mounted signage to another
nonresidential, lawfully-established business not located on U.S. 1 that is
accessed from a primary side street off U.S. I or a secondary side street located
off a primary side street. The side street intersecting U.S. 1 shall be located
within one-half (1/2) mile of the property on U.S. 1 providing the off premises
signage. allowable pursuant to subsections (3 )a. and (3 )b. of this section for the
purpose of advertising establishments v..hich are not readily visible from U.S. 1
but 'Nhich acccss U.S. I by an intersecting side street. Such off-premises signage
shall be limited to one sign face per direction on U.S. t and spaced no morc than
one half mile from the intcrsecting side street in either direction. Off-premises
advertising is also subject to subsections (3)a. and (3)b. of this section and to
regulation~ pursuant to F.S. ch. 479.
Section 4. Sec. 142-5. Regulation pertaining to the measurement, construction, and
maintenance of all signs.
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(4) d.3. Electronic message centers or automatic changing signs (ACS) shall comply
with the following:
(i)
(ii)
Lamps/bulbs in excess of nine watts are prohibited in the
ACS matrix;
ACS lamps/bulbs shall be covered by lenses, filters, or
sunscreens;
ASC signs shall be equipped with an operational right
dimming device; and
Other than the scrolling of written messages or non-animated
graphics and such physical movement of components as is
necessary to effect automatic copy changes, all operating
modes that result in animation as defined in section 142-3(b)
are prohibited.
(iii)
(iv)
BOCC Sign Ordinance July 29.2009
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Section 5. Sec. 142-8. Svecialldentification Si2;ns
ill Community Business Directory Signs
The County may work with FDOT District 6 and local communities to develop a
sign program that promotes businesses within specific communities in the Florida
Keys through the use of centrally located multiple user business identification
signs on U.S. I.
ill Community Identification Signs
The County may work with FDOT District 6 to develop a sign program that
identifies specific communities in the Florida Keys. The County shall coordinate
with local communities to incorporate a theme which promotes the unique
character of the local community.
ill Off-Premises Special Feature Identification Signs
The County may work with FDOT District 6 to develop a sign program that
identifies special features. tourist sites and business districts. The County shall
coordinate with local communities to select appropriate landmarks to be
identified.
Section 6. Severability
If any section, subsection, sentence, clause, item, change or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7. Conflicting Provisions
All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to
the extent of said conflict.
Section 8. Transmittal
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statues and as required by F.S. 389.05(6)
and (I I).
Section 9. Codification
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe. Florida, as an addition to amendment thereto. and
shall be appropriately renumbered to conform to the conform making system of the Code.
Section 10. Filing
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida.
but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving the ordinance.
Section II. Effective Date
This ordinance shall become effective as provided by law and stated above.
BOCC Sign Ordinance July 29, 2009
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1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
2 County, Florida, at a regular meeting held on the 19th day of August A.D., 2009.
3
4 Mayor George Neugent
5 Mayor Pro Tern Sylvia Murphy
6 Commissioner Kim Wigington
7 Commissioner Heather Carruthers
8 Commissioner Mario Di Gennaro
9
10
11 BOARD OF COUNTY COMMISSIONERS OF
12 MONROE COUNTY, FLORIDA
13
14 BY
15 Mayor George Neugent
16
17
18
19 (SEAL)
20
21 ATTEST: DANNY L. KOLHAGE, CLERK
22
23
24 DEPUTY CLERK
25
BOCC Sign Ordinance July 29, 2009
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MEMORANDUM
Monroe County Planning & Environmental Resources Department
We strive to be caring, professional and fair
To:
Monroe County Board of County Commissioners
From:
Steven BieL Senior Planner
Through:
Andrew O. Trivette, Director of Growth Management
Through:
Townsley Schwab, Senior Director of Planning & Environmental Resources
Date:
July 29, 2009
Subject:
Request for amendments to Chapter 142 Signs of the Monroe County Code;
Specifically by amending Section 142-3 Regarding Vehicle and A-frame Signs;
by amending Section 142-4 regarding off-premises signs; by amending Section
142-5 regarding electronic signs; and by creating Section 142-8 regarding special
identification signs.
Meeting:
August 19, 2009
I. REQUEST
At the January 28, 2009 Board of County Commissioners meeting the Board of County
Commissioners directed planning staff to review Chapter 142 of the Monroe County Code
pertaining to sign regulations. In response to the request, planning staff conducted three (3)
workshops to obtain public input. Comments included the regulation of A-frame (sandwich
boards) signs, vehicle signs, off-premises signs, and the general need for businesses to better
communicate through signage to the motorist along US 1. The attached ordinance was crafted in
a manner that incorporated public input from the three workshops and public input from
questionnaires provided at the workshops. The following is a summary of the revisions:
35
36 · Clarifies Section 142-3(b)(7) regarding vehicle signs
37 · Permits A-frame (sandwich boards) signs that could be no larger than 3 feet wide by 4
38 feet high and provides for standards with a sunset date of December 31, 2010.
39 . Clarifies Section 142-4(4) regarding off-premises signs
40 · Clarifies Section 142-5(4)( d)(3) regarding electronic message centers and automatic
41 changing signs
42 . Creates section 142-8 Special Identification Signs
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Sign Ordinance
Reviewed by__
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35 After the January BOCC meeting, the Director of Growth Management directed planning staff to
36 conduct a series of public workshops to receive input from business owners and citizens as to
37 how sign regulations should be revised, if in fact revisions are needed.
38
39 The workshops began on May 11, 2009 at the Big Pine Academy School with the discussions
40 focused on signage along U.S. 1. Specific concerns included the wide right-of-way through Big
41 Pine and the resulting distance from the roadway to the adjoining property line of the businesses,
42 the need for sandwich board signs, and questions relating to vehicle signs. Concerns were also
43 expressed that the current sign ordinance is good and that it should not be changed to the extent
44 that the community character would be negatively impacted. The second workshop was held at
45 the Harvey Government Center in Key West on May 12,2009, which focused primarily on off-
46 premises signage in the Stock Island area. The final workshop was held on May 13, 2009 at the
I
2
II.
PROCESS
In accordance with the provisions set forth in Sec. 102-158 of the Monroe County Code (MCC),
amendments may be proposed by the Board of County Commissioners (BOCC), the Planning
Commission, the Director of Planning, or the owner or other person having a contractual interest
in property to be affected by a proposed amendment. The Director of Planning shall review and
process the text and map amendment applications as they are received and pass them on to the
Development Review Committee and the Planning Commission for recommendation and final
approval by the BOCC.
The Planning Commission and the BOCC shall each hold at least one public hearing on a
proposed amendment to the text or to the land use district map. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee, and the testimony given at
the public hearing, and shall submit its recommendations and findings to the BOCC. The BOCC
shall consider the report and recommendation of and the testimony given at the public hearings
and may either deny the application or adopt an ordinance approving the proposed amendment.
Ordinances are then reviewed by the Florida Department of Community Affairs.
III. RELEVANT PRIOR COUNTY ACTIONS
In the early 1990s, a major re-write of the sign regulations was undertaken with considerable
input from business owners, citizens, and county staff. It was widely viewed that the resulting
sign regulations were comprehensive and satisfied business owners and citizens alike.
In December 2008, Code Enforcement conducted County-wide enforcement of all prohibited
signs, signs requiring a permit, unsafe signs, "off premises" signs, and signs in the State rights-
of-way. At the January 2009 BOCC meeting several business owners spoke about the economic
climate and the need to keep these prohibited signs or "go out of business". The BOCC
approved a motion to "suspend enforcement on the approximate 150 violations cited during the
enforcement sweep at least until a new sign ordinance is approved". If the signs are still in
violation after the new ordinance is completed, they will be subject to enforcement review.
Sign Ordinance
Reviewed by ____
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Murray Nelson Government Center in Key Largo where concerns were expressed regarding
illuminated signs and the need for signage exposure for businesses along U.S. I. At each
workshop, questionnaires were provided for attendees to complete. In general, the types of signs
that were mentioned most by the respondents were A-frames/sandwich boards, off-premises
signs, and vehicle signs.
IV. REVIEW
A. Consistency of the proposed amendment with the provisions and intent of the Monroe County
Year 2010 Comprehensive Plan:
Staff Comment: The proposed amendments to the Monroe County Code are generally
consistent with the Monroe County Year 20 I 0 Comprehensive Plan.
B. In accordance with Monroe County Code Section 102-58(d)(5)b., the BOCC may consider the
adoption of an ordinance enacting the proposed change based on one (I) or more of the
following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the
text or boundary was based;
Staff Comment: None
2. Changed assumptions (e.g., regarding demographic trends);
Staff Comment: None
3. Data errors, including errors in mapping, vegetative types and natural features
described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
Staff Comment: None
4. New issues;
Staff Comment: During the current economic climate, there is a perceived need by the
business community to be allowed additional signage along US I. Following public
input from three workshops, in addition to the responses from completed questionnaires,
there was expressed a need to amend the present sign regulations to allow A-frame
(sandwich board) signs, off-premises signs, and vehicle signs.
5. Recognition of a need for additional detail or comprehensiveness; or
Staff Comment: The proposed A-frame sign amendments would allow such signs
following the issuance of a County permit, to be placed on private property located
adjacent to the business only during business hours. This provision sunsets on December
3 L 20 I O. The proposed amendments also clarify and define allowable vehicle signs and
Sign Ordinance
Reviewed by ______
Page 3 of 6
I off-premises signs. These changes will promote business exposure along U.S. 1 through
2 the use of additional signage opportunities.
3
4 6. Data updates;
5
6 Staff Comment: None
7
8 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of Critical
9 State Concern:
10
I I For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
12 with principles for guiding development and any amendments to the principles, the principles
13 shall be construed as a whole and no specific provision shall be construed or applied in isolation
14 from the other provisions.
15
16 (a) To strengthen local government capabilities for managing land use and development so
17 that local government is able to achieve these objectives without the continuation of the
I 8 area of critical state concern designation.
19 (b) To protect shoreline and marine resources, including mangroves, coral reef
20 formations, seagrass beds, wetland, fish and wildlife, and their habitat.
21 (c) To protect upland resources, tropical biological communities, freshwater wetlands,
22 native tropical vegetation (for example, hardwood hammocks and pinelands), dune
23 ridges and beaches, wildlife, and their habitat.
24 (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound
25 economic development.
26 (e) To limit the adverse impacts of development on the quality of water throughout the
27 Florida Keys.
28 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
29 character of the Florida Keys.
30 (g) To protect the historical heritage of the Florida Keys.
3 I (h) To protect the value, effeciency, cost-effectiveness, and amortized life of existing and
32 proposed major public investments, including:
^'^'
..:U
34 I. The Florida Keys Aqueduct and water supply facilities;
35 2. Sewage collection and disposal facilities;
36 3. Solid waste collection and disposal facilities;
37 4. Key West Naval Air Station and other military facilities;
38 5. Transportation facilities;
39 6. Federal Parks, wildlife refuges, and marine sanctuaries;
40 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
41 properties;
42 8. City electric service and the Florida Keys Electric Co-op; and
43 9. Other utilities, as appropriate.
44
45 (i) To limit the adverse impacts of public investments on the environmental resources of the
46 Florida Keys.
Sign Ordinance
Reviewed by ~_m~m
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1 U) To make available adequate affordable housing for all sectors of the population of the
2 Florida Keys.
3 (k) To provide adequate alternatives for the protection of public safety and welfare in the
4 event of a natural or manmade disaster and for a post disaster reconstruction plan.
5 (I) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
6 Maintain the Florida Keys as a unique Florida resource.
7
8 Staff Comment: Staff finds the proposed amendment consistent with the Principals for Guiding
9 Development as a whole and is not inconsistent with anyone principle.
10
11 D. Impact on Community Character:
12
13 Staff Comment: The proposed changes to the sign regulations deal primarily with A-
14 frame/sandwich boards, off-premises signs, and vehicle signs. It is important to remember that
IS the Florida Department of Transportation (FOOT) right-of-way varies along U.S. 1. Due to the
16 wide right-of-way in some area, businesses can be as much as 50' off of the roadway and thus
17 have less visibility than those businesses in areas with narrow righst-of-way. This was noted at
18 the public workshop held on Big Pine Key, resulting in many of the business owner attendees
19 supporting the need for more visibility by the passing motorist. The proposed amendment
20 responds to community concerns by allowing A-frame signs in a controlled and regulated
21 manner.
22
23 It should be noted that Staff believes that additional signs beyond allowances as provided in the
24 current Code can have a negative impact on community character. The allowance for A-frame
25 signs for a limited time is a direction taken with great reluctance and is acceptable only with the
26 stipulation of the sunset date of December 31, 2010. This will allow staff time to explore
27 alternative solutions that are less obtrusive to the community character and the environment, and
28 to address safety concerns. It will also allow the BOCC and staff to evaluate economic
29 conditions relative to the necessity of such signs.
30
31 A further Staff concern is the 3' x 4' size in the proposed ordinance. If a 2' x 3' size sign is used
32 with a simple message and plain font or image, a strong and clear message can attract the
33 attention of the motorist without providing excessive information that can become a distraction
34 and thus a safety hazard.
35
36 V. FINDINGS OF FACT AND CONCLUSIONS OF LAW
37
38 1. At the January 28, 2009 Board of County Commissioners (BOCC) meeting, the BOCC
39 directed the Department of Planning and Environmental Resources to review Chapter 142
40 Signs of the Monroe County Code.
41
42 2. The Department of Planning and Environmental Resources conducted three (3) public
43 workshops to receive public input regarding sign regulation revisions.
44
45 3. Federal and State law grants power to Monroe County to regulate sIgns In order to
46 promote the safety and general welfare of its citizens.
Sign Ordinance
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I
2 4. Monroe County has adopted land use policies, and objectives in a comprehensive plan to
3 guide policy on building and land use regulations, and to promote health, safety, and
4 general welfare.
5
6 5. The provisions of this ordinance are consistent with the Monroe County Comprehensive
7 Plan and the Principals for Guiding Development in the Florida Keys Area of Critical
8 State Concern.
9
10 6. The Monroe County Planning Commission held a duly advertised public hearing on June
II 24, 2009 and recommended approval to the Board of County Commissioners.
12
13
VI.
RECOMMENDATION
14
15 Staff recommends approval with a recommendation that the A-frame size be reduced
16 from 3' x 4' to 2' x 3' and maintaining the sunset date of December 31, 2010.
17
18 VII. ATTACHMENTS
19
20 I. Proposed Ordinance
21 2. Tally Sheets from Sign Ordinance Meetings
22 3. Sign Ordinance Questionnaire Summary
23 4. Sign Code Research Summary
24 5. Relevant Sign Code Excerpts
25
Sign Ordinance
Reviewed by __~_
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