Ordinance 018-2010
ORDINANCE NO. .JlliL -2010
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS A1\1ENDING THE SUNSET
DATE FOR A-FRA1\1E SIGNS IN SECTION 142-4(3)(d);
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING
FOR TRANSMITAL TO THE SECRETARY OF STATE
AND DEPART1\1ENT OF COMMUNITY AFFAIRS;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners makes the
following Findings of Fact and Conclusions of Law:
1. i\t 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. During May of 2009, the Department of Planning and Environmental Resources
conducted three (3) public workshops to receive public input regarding sign
regulation revisions.
3. 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.
4. The BOCC approved Ordinance No. 031-2009 on August 19, 2009, amending
Section 142 Signs of the Monroe County Land Development Code, wherein A-
frame signs were permitted with a "sunset" date of June 7,2010.
5. Monroe County recognizes the need for businesses on US 1 to have greater
visibility during the current economic conditions.
6. The Monroe County Department of Planning and Environmental Resources is
\vorking with the Florida Department of Transportation (FDOT) to develop
\vayfinding signage regulations that would address Off-Premises Special Feature
IdentificatioJ? Signs, Community Identification Signs, and Community Business
I)istrict Signs.
7. The provision for A-frame signs as approved in Ordinance No. 031-2009 expires
on June 7,2010.
8. The Board of County Commissioners directed staff to develop permanent solution
for business recognition as follows:
BOCC A-frame Ordinance
Page I of 4
a. Community Business Directory Signs. The county may work with FDOT
District 6 and local communities to develop a sign program that promote
businesses within specific communities in the Florida Keys through the
use of centrally located multiple user business identification signs on U.S.
1.
b. 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.
c. 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 business districts. The County shall coordinate with
local communities to select appropriate landmarks to be identified.
9. Staff continues to work on the permanent solutions for business identification;
llowever, additional time is needed to develop a thorough comprehensive sign
recommendation.
10. 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.
11. The Monroe County Planning Commission held a duly advertised public hearing
on April 28, 2010, and recommended approval to the Board of County
(~ommissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY
COMMISSION OF MONROE COUNTY, FLORIDA:
Section 1. Section 142-4 is amended as follows:
*
*
*
*
*
(3) Signs in commercial areas.
Sign allowances in commercial areas (AD, CFA, CFS, DR, I, MF, MI, MU, RV, SC, UC)
shall be calculated based on the amount of property frontage and business frontage as
follows:
cl. A -frame signs (i. e. Sandwich board signs). Through December 30, 2011,
every nonresidential developed parcel of land boarding on US 1 shall be
allowed A-frame signs, as indicated in the following table:
BOCC A-frame Ordinance
Page 2 of 4
Street Frontage Maximum Number of Signs*
(Linear feet)
l' 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.
j\-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 greater than four
(4) feet in height, exclusive of legs 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.
11. 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.
Section 2. 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 3. Conflicting Provisions
All ordiIlances or parts of ordinance in conflict with this ordinance are hereby repealed to
the exteIlt of said conflict.
Section 4. Transmittal
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the
consistellcy of this ordinance with the Florida Statues and as required by F.S. 389.05(6)
and (11).
BOCC A-frame Ordinance
Page 3 of 4
Section 5. 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 6. 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 7. Effective Date
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on May 19,2010.
Mayor Sylvia Murphy Yes
Mayor Pro Tern Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner Kim Wigington Yes
Commissioner Mario Di Gennaro Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROEB:OUN
Mayo Sylvia urphy
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Y L. KOLHAGE, CLERK
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DEPUTY CLERK
MONROE COUNTY ATTORNEY
pp ED AS TO FORM:
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SAN M. GRIMSLE'f
AS ANT COUNTY ATTORNEY
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HOCC A-frame Ordinance
Page 4 of4
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
June 2,2010
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee .FL 32399-0250
Via Certified Mail 7005 1160 0000 3841 2280
Dear Ms. Cloud,
Enclosed please find a certified copies of the following Ordinances:
Ordinance No. 015-2010 repealing and rescinding Ordinance No. 038-2006 amending
Table 4.1 Five-year Schedule of Capital Improvements of the Year 2010 Comprehensive Plan;
providing for severability; providing for repeal of inconsistent provisions; providing for
transmittal to the Department of Community Affairs and the Secretary of State; providing for an
effective date.
Ordinance No. 016-2010 repealing and rescinding Ordinance No. 029-2008 adopting an
amendment to the Year 2010 Monroe County Comprehensive Plan and amending Section 4.0
Capital Improvements implementation; providing for severability; providing for repeal of
inconsistent provisions; providing for transmittal to the Department of Community Affairs and
the Secretary of State; providing for an effective date.
Ordinance No. 017-2010 amending Section 19-1 of the Monroe County Code of
Ordinances concerning road abandonments; providing for severability; providing for repeal of
conflicting provisions; providing for an effective date.
Ordinance No. 018-2010 amending the sunset date for A-Frame Signs in Section
142-4(3)(d); 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 an effective date.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on May 19, 2010. Please
file for the record. Should you have any questions please feel free to contact me at (305)
295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney ~ ~
File
u.s. Postal SerViCeTr,1
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item 4 if Restricted-Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
F'rogram Administrator
Administrative Code and Weekly
A ,A. Gray Building
S()O South Bronaugh Street
Tallahassee, Florida 32399-0250
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2. Article Number
(Transfer from service label)
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FLORIDA DEPARTMENT or STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
June 8, 2010
Honorable DanrLY L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead :Street, Suite 101
Key West, Flori,da 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. KolhaJge:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June: 2, 2010 and certified copies of Monroe County Ordinance Nos. 015-2010 through 018-
2010, which were filed in this office on June 7, 2010.
Sincerely,
~~CR
Liz Cloud
Program Administrator
LCI srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . bttp://dlis.dos.state.fl.us
COMMUN][TY DEVELOPMENT
850.245.6600. FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700. FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812. FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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DCA Final Order No.: DCA10-0R-154
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 018-2010
FINAL ORDER
The Department of Community Affairs(the."Department")hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2009), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT-
1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe
County is a local government within the Florida Keys Area.
2. On June 7, 2010,the Department received for review Monroe County Ordinance No. 018-
2010 ("Ord. 018-2010"), adopted'by Monroe County on May 19,2010. .
3. The purpose of Ord.No. 018-2010 is to amend the sunset date for A-Frame Signs in
Monroe County Code Section 142-4, for signs that are allowed on commercial lots along US.
Highway 1 to provide greater visibility.
CONCLUSIONS OF LAW
4: The Department is required to approve or reject land development regulations that are
enacted, amended,or rescinded by any local government in the Florida Keys Area.of Critical
State Concern. § 380.05(6),Fla. Stat.,and § 380.0552(9),Fla. Stat. (2009). .
5. Monroe County is a local government within the Florida Keys Area.of Critical State
Concern. §380.0552,Fla. Stat. (2009)and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
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DCA Final Order No.: DCA10-OR-154
•
6. "Land development regulations"include local zoning, subdivision,building,and other
regulations controlling the development of land. § 380.031(8),Fla. Stat. (2009). The regulations
adopted by Ord. 018-2010 are land development regulations.
7. All land development regulations enacted, amended, or rescinded within an area of critical
state concern must be consistent with the Principles for Guiding Development(the"Principles")
as set forth in § 380.0552(7),Fla. Stat. See Rathkainp v. Department of Community Affairs,21
F.A.L.R. 1902(Dec. 4, 1998), aff'd, 740 So. 2d 1209(Fla. 3d DCA:1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from the other
provisions.
8. Ord.018-2010 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation.
9. Ord. 018-2010 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 018-2010 furthers Monroe County Comprehensive Plan and is not inconsistent with
the Comprehensive Plan.
WHEREFORE,IT IS ORDERED that Ord. 018-2010 is found to be consistent with the
Principles for Guiding-Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee,Florida.
CHARLES GAUTHIER,AICP
Director,Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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DCA Final Order No.: DCA10-OR-154
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL
FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU
ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION,THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2)FLORIDA STATUTES,AND
CHAPTER 28-106,PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE,AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL.TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS,PURSUANT TO SECTIONS 120.569 AND.
120.57(1),FLORIDA STATUTES,AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE.CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE,AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED,TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING,
YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE.A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK,IN THE DEPARTMENT'S OFFICE OF GENERAL'COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE,FLORIDA 32399-2100. ,
THE PETITION MUST MEET THE FILING REQUIREMENTS IN.RULE 28-106.104(2),
FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-
106.301,FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED,
3
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DCA Final Order No.: DCA10-OR-154
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-
106.201)(2),FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST
FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-
106.402,FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT
AFFECT THE RIGHT TO AN ADMINISTRATIVE'HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A
FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK
WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with'the
undersigned designated Agency Clerk, and that true and correEt copies have been furnished to
the persons listed below by the method indicated this 29ty of July,2010..alide
/ Paula Ford,Agency C er
By U.S. Mail: r
Honorable Sylvia Murphy
Mayor of Monroe County
2798 Overseas Highway, Suite 400
Marathon,Florida 33050
Danny L.Kolhage .
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West,Florida 33040
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400 .
Marathon,Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton,ACSC Administrator, DCA Tallahassee
Richard E. Shine,Assistant General Counsel,DCA Tallahassee
4