Ordinance 003-2012 6 i
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 003 - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE REGULATIONS
PERTAINING TO SIGNAGE IN MONROE COUNTY CODE
CHAPTER 142, SIGNS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Monroe County Code Sec. 142 -1, the purpose and intent of the land
development code regulations pertaining to signs are to: 1) Facilitate the implementation of goals,
objectives and policies set forth in the comprehensive plan relating to sign control, community
character and scenic resources and protection of areas from incompatible uses; 2) Promote and
maintain convenience, safety, property values and aesthetics by establishing a set of standards
for the erection, placement, use and maintenance of signs that will grant equal protection and
fairness to all property owners in the county; 3) Provide a simple set of regulations that will
minimize intricacies and facilitate efficiency of permitting functions and thus assist the regulated
public; 4) Encourage signs that help to visually organize the activities of the county, and lend
order and meaning to business identification and make it easier for the public to locate and
identify their destinations; 5) Regulate the size, number and location of signs so that their
purpose can be served without unduly interfering with motorists and causing unsafe conditions; 6)
Promote the general welfare, including enhancement of property values and scenic resources, so
as to create a more attractive business climate and make the county a more desirable place in
which to visit, trade, work and live; 7) Be fair in that everyone receives equal and adequate
exposure to the public and no one is allowed to visually dominate his neighbor; 8) Authorize the
use of signs in commercial and industrial areas that are: a. Compatible with their surroundings; b.
Appropriate to the type of activity to which they pertain; c. An expression of the identity of the
individual proprietors and the community as a whole; and d. Large enough to sufficiently convey
a message about the owners or occupants of a particular premises, the commodities, products or
devices available on such premises, or the business activities conducted on such premises, yet
small enough to prevent excessive, overpowering advertising which would have a detrimental
effect on the character and appearance of commercial and industrial areas, or which could unduly
distract the motoring public, causing unsafe motoring conditions; and 9) To limit signs in
noncommercial areas to protect the character and appearance of noncommercial areas; and
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WHEREAS, the Planning & Environmental Resources Department proposed the text
amendments set forth in this ordinance in order to: A) update the Monroe County Code to
address whether or not to continue allowing A -frame signs (which cannot be permitted beyond
December 30, 2011); B) provide new regulations related to signs that accommodate multi-
tenants /occupants; C) address inconsistences related to the Florida Department of Transportation
(FDOT)'s regulations and the County's regulations regarding off - premise signage; and D) revise
the existing language to address improper language and incorrect references; and
WHEREAS, the text amendments set forth in this ordinance would be consistent with the
Monroe County Comprehensive Plan, specifically Objective 101.15; and
WHEREAS, Monroe County Comprehensive Plan Objective 101.15 states Monroe County shall
enforce and update the existing Sign Ordinance in order to maintain and improve the visual
character of the County and protect adjacent land uses; and
WHEREAS, sign regulations were adopted into the land development regulations of the Monroe
County Code when the current version became effective in the late 1980s, as memorialized by
Ordinances #033 -1986 and #054 -1987. In the 1990s, significant amendments to Monroe County
Code Chapter 142, Signs (then referenced MCC Chapter 9.5, Article VII, Division 13, Signs)
were undertaken with considerable input from business owners, citizens and County staff, as
memorialized by Ordinances #001 -1994 and #036 -1997; and
WHEREAS, in 2009, in order to implement some changes requested by the community, the
County modified the sign regulations to remove some of the prohibitive restrictions related to
vehicle signs and temporarily allow the erection of A -frame signs with building permits until
June 7, 2010, as memorialized by Ordinance #031 -2009; and
WHEREAS, in 2010, the sign regulations were amended to extend the sunset date for A -frame
signs to December 30, 2011, as memorialized by Ordinance #018 -2010; and
WHEREAS, during a regularly scheduled meeting held on June 7, 2011, the Monroe County
Development Review Committee reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, during regularly scheduled public hearings held on October 18, 2011, November 9,
2011, December 1, 2011 and December 21, 2011, the Planning Commission reviewed the
ordinance and recommended approval to the Board of County Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Chapter 142 shall be amended as set forth in Exhibit A, which exhibit is attached
hereto and incorporated herein.
Section 2. Severability.
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If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
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 uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any permit, and or other development approval application submitted after the
effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 15th day of February , 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes ..,
,- z Commissioner Sylvia Murphy Yes
/ Commissioner George Neugent Yes
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4 ;:e: .. fittest b 1 1Y L. KOLHAGE, CLERK . N ;
X1 13 �� - B '' co o
Y
Deputy Clerk Mayor David Rice
MONROE COUNTY ATTO EY
Page 3 of 29 APPROVED A3' F O ,
Date: / - / - (1- /
Exhibit A
Chapter 142
SIGNS*
Sec. 142 -1. Purpose and intent.
Sec. 142 -2. Definitions.
Sec. 142 -3. General provisions.
Sec. 142 -4. Signs requiring a permit and specific standards.
Sec. 142 -5. Regulations pertaining to the measurement, construction, and maintenance
of all signs.
Sec. 142 -6. Criteria for variances.
Sec. 142 -7. Nonconforming signs.
Sec. 142 -8. Special identification signs.
*State law reference — Provisions to regulate signage required, F.S. § 163.3202(2)(f)
Sec. 142 - 1. Purpose and intent.
The purposes and intent of this chapter are to:
(1) Facilitate the implementation of goals, objectives and policies set forth in the
comprehensive plan relating to sign control, community character and scenic
resources and protection of areas from incompatible uses;
(2) Promote and maintain convenience, safety, property values and aesthetics by
establishing a set of standards for the erection, placement, use and maintenance of
signs that will grant equal protection and fairness to all property owners in the county;
(3) Provide a simple set of regulations that will minimize intricacies and facilitate
efficiency of permitting functions and thus assist the regulated public;
(4) Encourage signs that help to visually organize the activities of the county, and lend
order and meaning to business identification and make it easier for the public to
locate and identify their destinations;
(5) Regulate the size, number and location of signs so that their purpose can be served
without unduly interfering with motorists and causing unsafe conditions;
(6) Promote the general welfare, including enhancement of property values and scenic
resources, so as to create a more attractive business climate and make the county a
more desirable place in which to visit, trade, work and live;
(7) Be fair in that everyone receives equal and adequate exposure to the public and no
one is allowed to visually dominate his neighbor;
Page 4 of 28
(8) Authorize the use of signs in commercial and industrial areas that are:
a. Compatible with their surroundings;
b. Appropriate to the type of activity to which they pertain;
c. An expression of the identity of the individual proprietors and the community as a
whole; and
d. Large enough to sufficiently convey a message about the owners or occupants of
a particular premises, the commodities, products or devices available on such
premises, or the business activities conducted on such premises, yet small enough
to prevent excessive, overpowering advertising which would have a detrimental
effect on the character and appearance of commercial and industrial areas, or
which could unduly distract the motoring public, causing unsafe motoring
conditions;
(9) To limit signs in noncommercial areas to protect the character and appearance of
noncommercial areas.
Sec. 142 -2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Area of a sign. Refer to section 142 -5(1).
Banner means any suspended sign made of any flexible material such as, but not limited
to, cloth, plastic or paper whether or not imprinted with words or characters.
Billboard means any sign that is required to be registered with the Florida Department of
Transportation (FDOT) pursuant to F.S. chapter 479 and exceeds the size limitations set
forth in section 142 -4 of this chapter.
Business frontage. See "frontage, business."
Changeable copy sign means a sign specifically designed for the use of replaceable copy
that does not involve replacement of the sign face itself or alteration of the sign structure.
Clear sight triangle means a triangular- shaped area at any driveway connection to a
public street and at all street intersections, as required in section 114 -201, in which
nothing is allowed to be erected, placed, planted or allowed to grow in such a manner as
to limit or obstruct the sight of motorists entering or leaving the driveway or street
intersection. Also referred to as clear vision triangle.
Copy means the text or graphic representations of a sign that depict the name of an
establishment, products, services or other messages, whether in permanent or removable
form.
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Erect means, in the context of this chapter, to build, construct, attach, hang, place,
suspend, affix or paint a sign.
Facade means the face of a building or structure is most nearly parallel with the right -of-
way line under consideration, including related architectural elements such as awnings,
parapets and mansard roofs but excluding signs attached to a building that are not
otherwise incorporated into such architectural elements.
Face of sign means the planes of a sign on which copy could be placed, including trim
and background.
Flag means a piece of light weight, flexible material such as cloth or plastic with one side
attached to a pole and the other end flying freely.
Frontage, business means the horizontal linear distance measured along the facade of an
individual business. Also referred to as "business frontage."
Frontage, property means the distance measured along a public or private right -of -way
or easement including canals, shorelines and runways that affords vehicular access to the
property between the points of intersection of the side lot lines with such right -of -way or
easement. Where a street or highway is divided as occurs on Key Largo, a parcel of land
in the median of the street or highway shall be considered to have a frontage on each side.
All parcels that abut U.S. 1 or County Road 905 shall be considered to have a frontage on
such roads regardless of whether a curb cut exists. Also referred to as "property
frontage."
Ground - mounted sign means any sign that is mounted on or supported by an upright or
brace in or upon the ground, such upright or brace being directly attached in or upon the
ground and independent of any other structure. Signs affixed to fences shall be
considered ground- mounted signs.
Illuminated sign means any sign that is illuminated by artificial light, either from an
interior or exterior source, including outline, reflective or phosphorescent light, whether
or not the source of light is directly affixed as part of the sign.
Interior property information sign means signs located entirely on the property to which
the sign pertains, are not readily visible from public rights -of -way, and which are
intended to provide information to people on the property. Examples include, but are not
limited to, "pool closed," "no walking on grass," "pay ramp fee at the office" and "no
fishing."
Licensed sign contractor means any person holding a valid certificate of competency in
sign erection issued by the county.
Off - premises sign means any sign located on premises other than those on which the
business or organization uses products, goods or services that the sign advertises are
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available. When in the right -of -way of or visible from U.S. 1, off - premises signs are
required to be registered with the Florida Department of Transportation (FDOT) pursuant
to F.S. chapter 479.
Pennant means a series of small flag -like pieces of cloth or similar type of material
attached and strung between two or more points.
Plane means any surface such as a rectangle, square, triangle, circle or sphere that is
capable of carrying items of information; any area enclosed by an imaginary line
describing a rectangle, square, triangle or circle which includes freestanding letters,
numbers or symbols.
Portable sign means any sign or sign structure that is not permanently attached to the
ground or to any other permanent structure or which is specifically designed to be
transported. This definition shall include, but not be limited to, trailer signs, A -frame
signs, sandwich board signs and vehicles whose primary purpose is advertising.
Posted property sign means a sign such as, but not limited to, the following, which
indicates "no trespassing," "beware of dog," "no dumping," or other similar warnings.
State statutes may establish requirements for these signs.
Premises means any parcel of land owned, leased or controlled by the person actively
engaged in business and so connected with the business as to form a contiguous
component or integral part of it; or owned, leased or controlled by a person for living
accommodations.
Promotional sign means a temporary sign erected by a nonprofit organization or
organizations, holding a valid county public assembly permit, to advertise a special event
such as a bazaar, dance, art show, craft show, or similar type of event.
Property frontage. See "frontage, property."
Real estate sign means a sign used solely for the purpose of offering for sale, lease, or
rent the property upon which the sign is placed and which includes, but is not limited to,
"open house," "open for inspection" and "model home." Such signs are allowed only
while a property is for sale, lease or rent.
Sign means any object, device, display or structure, or part thereof, situated outdoors or
indoors that is used to advertise, identify, display, direct or attract attention to an object,
person, institution, organization, business, product service event or location and by any
means, including words, letters, figures, designs, symbols, fixtures, colors or projected
images. Signs do not include:
(1) The flag or emblem of any nation or organization of nations, state, city, or fraternal,
religious or civic organizations;
(2) Merchandise that is not otherwise incorporated into a sign structure;
(3) Models or products incorporated in a window display;
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(4) Works of art that do not contain advertising messages and in no way identify a
product, use or service; or
(5) Scoreboards located on athletic fields.
Sign structure means any structure that supports, has supported or is capable of
supporting a sign, including decorative cover.
Wall- mounted sign means any sign mounted on or painted on and parallel to the facade or
wall of a building.
Window sign means any sign mounted to or painted on, or visible through a window for
display to the public.
Sec. 142 -3. General provisions.
(a) Applicability of chapter.
(1) Type of activities affected. This chapter shall apply to any person who erects,
constructs, enlarges, moves, changes the copy of, modifies, or converts any signs, or
causes the same to be done. If a type of sign is not specifically allowed under this
chapter, it shall be considered to be prohibited. The procedure for variances is set
forth in section 142 -6. The procedure for amendments to the text of this chapter is set
forth in chapter 102, article V.
(2) Type of activities not affected. The following activities shall not be subject to the
regulation under this chapter. However, such activities shall nevertheless comply with
the county building code and other applicable regulations of the county, state and
federal governments.
a. Any sign erected by or at the direction of the federal, state, or county government.
Such signs shall not reduce the authorized size or number of signs otherwise
allowed by this chapter. All signs allowed pursuant to this section shall be the
minimum necessary to comply with the applicable law;
b. Changing of the advertising copy or message of a lawfully existing changeable
copy sign, whether manual or automatic;
c. Changing the copy of a lawfully existing billboard (refer to definition of billboard
in section 142 -2);
d. Works of art that do not contain advertising messages, and which in no way
identify a product, use, or service;
e. Maintenance of lawfully existing signs and sign structures that does not involve
change of copy, modification, enlargement, reconstruction, relocation or additions
to any sign or sign structure. Replacement of the damaged or deteriorated plastic
face of a sign shall be considered maintenance, provided that the copy is not
changed. The necessity to obtain a building permit for such work shall be
governed by chapter 6;
f. The erection of community interest signs in the right -of -way of U.S. 1 as are
otherwise allowable pursuant to state or federal law. Examples of community
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interest signs shall include, but not be limited to, "Welcome to the Florida Keys,"
"Thank You for Visiting the Florida Keys," and signs that identify recognized
communities or municipalities; and
g. Interior property information signs as defined in section 142 -2.
(b) Prohibited signs. The following types of signs, lights, advertising devices or activities
are prohibited:
(1) Off - premises signs; excluding off - premise signs identifying lawfully- established off -
premises businesses as permitted in section 142 -4;
(2) Those erected in a clear sight triangle; or at any location where, by reason of the
position, shape or color, they may interfere with or obstruct the view of any
authorized traffic sign, signal or device;
(3) Abandoned signs that no longer correctly direct or exhort any person; or advertise a
bona fide business, lessor, owner, product or activity conducted or available on the
premises indicated on such sign;
(4) Animated signs, of which all or part of the sign physically revolves or moves in any
fashion whatsoever, or which contains or uses for illustration any light, lights or
lighting device which changes color, flashes or alternates, shows motion or
movement, or changes the appearance of such sign. The operations of electronic
message centers and automatic changing signs shall be governed by section 142 -
5(4)d;
(5) Signs that emit smoke, vapor, particles, odor or sounds;
(6) Motion picture source used in such a manner as to permit or allow the images or
audio to be visible or audible from any public street or sidewalk;
(7) No person shall park any vehicle, trailer, floating device, barge, raft, or boat, whether
licensed or unlicensed, on any public property, including public rights -of -way, and
beaches, 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 advertising products or services, conveying messages or
directing people to a business or activity. This restriction is not intended to prohibit
incidental signage on 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 inches long, 12 inches tall and ten inches
wide, including the base;
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(8) Portable signs, except for political campaign signs as permitted in section 142 -3(d);
(9) Any sign that is affixed to any wall or structure and extends more than 24 inches
perpendicularly from the plane of the building wall;
(10) Any sign attached to a building and projecting above the facade of a building, or
any sign mounted on top of a flat roof or on top of any horizontal awning;
(11) Signs that cause radio or television or other communication, electrical, magnetic
interference;
(12) Signs erected, constructed or maintained that obstruct any firefighting equipment,
window, door or opening used as a means of ingress or egress or for firefighting
purposes;
(13) Signs, except posted property signs, that are erected or maintained upon trees or
painted or drawn upon rocks or other natural features or tacked, nailed or attached in
any way to utility poles;
(14) Signs on public property or road rights -of -way including, but not limited to, signs
placed on any curb, sidewalk, post, pole, hydrant, bridge, tree or other surface located
on public property or over or across any public or private street except as may
otherwise expressly be authorized by this chapter;
(15) Unshielded illuminated devices that produce glare or are a hazard or a nuisance to
motorists or occupants of adjacent properties, or signs containing mirrors; and
(16) Pennants.
(c) Dangerous signs. No person shall allow any sign that is in a dangerous or defective
condition to be maintained on any premises owned or controlled by such person. Any
such sign shall be removed or repaired by the owner of the sign or the owner of the
premises, or as otherwise provided for in this chapter.
(d) Signs not requiring a permit. The following shall not require a permit but still are subject
to section 142 -5:
(1) Banners. Banners, provided they do not exceed 32 square feet per face and there is
only one per business frontage, and they are displayed temporarily for a period of not
more than 60 consecutive days, nor more than 60 total days in any one year. Banners
exceeding 32 square feet in area shall be required to obtain a permit pursuant to
section 142 -4;
(2) Business affiliation and law enforcement signs. Signs displayed upon the premises
denoting professional and trade associations with which the occupant is affiliated, and
including, but not limited to, forms of payment accepted by the occupant, and other
Page 10 of 28
si
signs pertaining to public safety and law enforcement, provided the total of such signs
does not exceed four square feet;
(3) Business information signs. Signs providing information to customers such as
business hours, telephone number, "open" or "closed," "shirts and shoes required,"
"no soliciting," and "no loitering," provided that such signs are posted on or near the
entrance doors and the total of such signs does not exceed six square feet;
(4) Commemorative plaques. Signs of recognized historical nature, provided no plaque
exceeds 16 square feet per face;
(5) Construction signs. Signs erected at a building site that identify the name of the
project, owner, architect, engineer, general contractor, financial institution, or other
persons and firms performing services, labor or supply of materials to the premises;
provided the signs are not installed until a building permit is issued and are removed
within 30 days of the issuance of the certificate of occupancy and are further limited
as follows:
a. Signs for individual tradesmen or professionals shall be limited to four square feet
in area per face per tradesman or professional; and
b. Signs for more than one tradesman or professional shall be limited to a total of 32
square feet in area per face and eight feet in height;
(6) Directional signs. Signs located entirely on the property to which the sign pertains
and which are intended to provide direction to pedestrians or vehicular traffic and/or
to control parking on private property. Examples: "entrance," "exit," "one- way,"
"pedestrian walk," "handicapped parking," etc., provided such signs do not exceed six
square feet per sign face;
(7) Flags. Each business frontage shall be allowed to display two flags containing any
graphic, symbol, logo or other advertising message, provided that no such flag shall
exceed 50 square feet in size. There shall be no number or size limit on the display of
the flag of any nation, organization of nations, state, city, or fraternal, religious, or
civic organizations;
(8) Garage sale signs. Signs for garage sales, provided they are erected not more than 24
hours prior to the sale and are removed within 72 hours of the time they were erected
and they do not exceed four square feet per face;
(9) Holiday decorations. Decorations that are clearly incidental to and commonly
associated with any national, local or religious holiday; provided that such signs shall
be displayed for a period of not more than 60 consecutive days nor more than 60 days
in any one year. Such signs may be of any type, number, area, height, illumination or
animation, provided that they do not interfere with public safety;
(10) Memorial signs or tablets. Signs including, but not limited to, names of buildings
and date of erection when cut into any masonry surface or when constructed of
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4
bronze or other noncombustible materials, provided the total of such signs does not
exceed eight square feet;
(11) Nameplates. Signs bearing only property numbers, street addresses, mailbox
numbers, estate names, the occupation of the occupant or names of occupants of the
premises, provided the signs do not exceed two square feet per sign face;
(12) Posted property signs. Signs such as, but not limited to, the following, which
indicate "no trespassing," "beware of dog," "no dumping," or similar warnings,
provided they individually do not exceed 1.5 square feet in area per sign and not
exceeding four in number per lot, or of such number, spacing, and size as is required
per state statutes. Such signs shall not be illuminated nor shall they project over any
public right -of -way;
(13) Warning signs. Signs informing the public of the existence of danger, but
containing no advertising material, provided the sign does not exceed the minimum
necessary to inform the public and are removed upon subsidence of danger;
(14) Window signs. Window signs that collectively cover 35 percent or less of the
window glass surface area. Note: The abovementioned business information and
business affiliation signs shall be excluded from the computation of the window sign
area;
(15) New business signs. Once an application for a permanent sign is submitted to the
county, a new business, or a business in a new location may erect a temporary sign
without a permit for a period not exceeding 120 days from the date of application for
a permanent sign, provided that:
a. There is only one ground- mounted or wall- mounted sign;
b. The total sign area does not exceed 32 square feet;
c. The sign, if ground- mounted, does not exceed eight feet in height; and
d. The temporary sign shall be removed upon the installation of the permanent sign;
(16) Political signs. Political signs are signs on behalf of candidates for public office
or measures on election ballots and shall be allowed as follows:
a. Political signs may be erected no earlier than 70 days prior to such section and
shall be removed within 14 days following such election. Failure to meet these
conditions shall constitute the basis for sign removal by the county or its
designee;
b. In areas zoned primarily for residential or low intensity nonresidential uses (CD,
CFV, IS, MN, NA, OS, PR, SS, SR, SR -L, UR, URM, AND URM -L), political
signs shall not exceed 16 square feet per face or eight feet in height and shall not
be illuminated; and
c. In areas zoned primarily for nonresidential uses (AD, CFA, CFSD, DR, I, MF,
MI, MU, RV, SC, and UC) political signs shall not exceed 32 square feet per face
in area or eight feet in height;
Page 12 of 28
(17) Promotional signs. Promotional signs per section 142- 4(1)a.1.; and
(18) Real estate signs. Real estate signs per section 142- 4(1)b.1.
Sec. 142 -4. Signs requiring a permit and specific standards.
Upon application for, and issuance of a building permit, except as indicated, the following
signs shall be allowed. In order for a sign application to be approved, the applicant must
grant access to the property for inspection purposes, for the life of the sign.
(1) Special signs.
a. Promotional signs.
1. Promotional signs not exceeding 32 square feet. Promotional signs not
exceeding 32 square feet per face shall not require a permit, provided that
such signs are:
(i) Not illuminated;
(ii) Not located in a clear sight triangle;
(iii) Limited to two promotional signs on the premises of the event;
(iv) Posted no earlier than 15 days before the event and are removed
within five days after the event; and
(v) Limited to two off - premises promotional signs erected no more
than 24 hours prior to the event and removed no later than 24 hours
after the conclusion of the event, provided that permission of the
property owner of which the off premise promotional sign is
erected is granted.
2. Promotional signs exceeding 32 square feet. Promotional signs exceeding 32
square feet in area per face shall be allowed in any Land Use (Zoning) District
by issuance of a single building permit, provided that the promotional signs:
(i) Are erected no earlier than 30 days prior to a proposed event and are
removed within five days after such event;
(ii) Do not exceed 128 square feet; and
(iii)Are located on the premises of the event.
b. Real estate signs.
1. Real estate signs not exceeding six square feet. One real estate sign not
exceeding six square feet per face including riders, per property shall not
require a permit, provided the sign is:
(i) Not illuminated; and
(ii) Ground - mounted signs shall not exceed eight feet in height.
2. Real estate signs exceeding six square feet. Real estate signs exceeding six
square feet per face shall require a permit and shall be subject to the following
restrictions:
(i) Multiple - family structures, nonresidential buildings and vacant land shall
be allowed one non_illuminated wall- mounted or ground- mounted sign,
not exceeding 32 square feet in area, per each street frontage. Such ground
mounted signs shall not exceed eight feet in height.
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(ii) Any property of ten acres or more in size, regardless of the limitations set
forth in subsection (1)b.2.(i) of this section, shall be allowed non_
illuminated ground- mounted or wall- mounted signs as follows: One sign
not exceeding 32 square feet may be erected for every 400 linear feet of
frontage on any one street. Such ground mounted signs shall not exceed
eight feet in height.
c. Hospitals or other emergency facilities. In addition to any other signage allowed
under this chapter, hospitals or other emergency medical facilities, excluding
individual medical offices, shall be allowed one additional illuminated ground -
mounted or wall- mounted sign not exceeding 32 square feet per face to identify
each emergency entrance.
d. Bench signs. Bench signs shall be allowed, upon approval of the board of county
commissioners, at any designated bus stops subject to the following limitations:
1. Benches in residential areas shall not have signs, except a bench donor sign
containing the donor's logo or symbol, not exceeding two inches by 16 inches
in size;
2. Benches in commercial areas shall be allowed to have signs on the back rest
not to exceed a total of six square feet; and
3. Bench signs shall be limited to one per designated bus stop.
(2) Signs in residential areas and areas of low intensity. Signs in residential areas and
areas of low intensity (CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR -L, UR, URM,
URM -L) shall be restricted as follows:
a. Commercial and other nonresidential uses. Commercial and other nonresidential
uses within the land use districts, CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR -L,
UR, URM, URM -L, which are adjacent to U.S. 1 shall be regulated pursuant to
subsection (3) of this section. Unless otherwise provided for in this chapter, all
other commercial and nonresidential uses in these land use districts shall be
allowed one ground- mounted sign and wall - mounted signage which shall be
limited as follows:
1. The ground- mounted sign shall be limited to 32 square feet in area per face
and eight feet in height; and
2. Wall- mounted signage shall be limited to a total of 32 square feet.
b. Residential subdivision or condominium sign.
1. One permanent, wall- mounted or ground - mounted sign, for identification
purposes only, giving only the name of the subdivision, or residential
development, may be granted a permit at each main entrance into such
subdivision or development from each abutting street.
2. The following limitations shall apply:
(i) The subdivision or development shall have a homeowner's association or
similar entity that will be responsible for permits and maintenance of the
signs;
(ii) The face of each sign shall not exceed 32 square feet;
(iii)The maximum permitted height shall be eight feet; and
(iv)The sign may incorporate, or be incorporated into, accessory entrance
structural features such as a project wall or landscaping.
Page 14 of 28
c. Institutional uses and private parks. Institutional uses, private parks and similar
uses shall be allowed one ground- mounted sign and wall- mounted signage that
shall be limited as follows:
1. The ground- mounted sign shall be limited to 32 square feet in area per face (a
maximum of 64 square feet for all faces) and eight feet in height;
2. Wall- mounted signage shall be limited to a total of 32 square feet; and
3. An additional 16 square feet in area per face may be added to the ground -
mounted sign for the exclusive use of a changeable copy sign.
d. Electronic message centers and automatic changing signs. Electronic message
centers and automatic changing signs shall be prohibited in residential areas and
areas of low intensity (CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR -L, UR, URM,
URM -L).
(3) Signs in commercial /nonresidential areas. Sign allowances in commercial and other
nonresidential areas (AD, CFA,CFSD, DR, I, MF, MI, MU, RV, SC, UC) shall be
calculated based on the amount of property frontage and business frontage as follows:
a. Ground - mounted single- tenant /occupant signs. Every developed parcel of land
with a commercial or other nonresidential use shall be allowed the following
ground- mounted signage:
1. One illuminated or non - illuminated, ground- mounted sign of a height not
more than 24 feet shall be allowed for each frontage as indicated in the
following table:
Permitted Size of Nonresidential Signs per Property Frontage
Street Frontage Maximum Area Total Face Area
(Linear feet) Per Face (square feet)
(square feet)
Frontage on U.S. 1 or a frontage road adjacent to U.S. 1:
1 ft. to 150 ft. 75 sq. ft. 150 sq. ft.
151 ft. to 300 ft. 100 sq. ft. 200 sq. ft.
301 ft. or more 200 sq. ft. 400 sq. ft.
Frontage on county roads, shorelines or runways:
1 ft. to 150 ft. 40 sq. ft. 80 sq. ft.
151 ft. to 300 ft. 60 sq. ft. 120 sq. ft.
301 ft. or more 80 sq. ft. 160 sq. ft.
2. Parcels that are on a corner of two public streets shall be allowed either:
(i) One ground- mounted sign for each property frontage; or
(ii) One ground- mounted sign with exposure to both streets with up 1.5 times
the maximum amount of area allowed on any one property frontage.
3. Where a street or highway is divided as occurs on Key Largo, which results in
a parcel of land in the median of the street or highway then the property shall
be considered to have a frontage on each side.
4. Service stations, convenience stores, marinas, or other facilities dispensing
fuel to the public shall be allowed to add to each authorized ground- mounted
sign, an additional 40 square feet or 20 square feet per face of signage for the
exclusive use of a changeable copy sign for posting fuel prices.
Page 15 of 28
5. A school, church, day -care center or other similar use shall be allowed to add
an additional 64 square feet or 32 square feet per face of signage to the
ground- mounted or wall- mounted sign for the exclusive use of a changeable
copy sign.
6. Individual charter boats shall be allowed a ground- mounted sign at the charter
boat's dock slip, provided the sign does not exceed a total of 32 square feet
and there is no more than one fish replica. Signs allowed under this provision
shall be exempt from shoreline setback requirements.
7. Drive - through or carry -out services shall be allowed a ground- mounted sign
that carries only the name of the establishment and the current list and price of
goods or services available in the establishment and is not intended to be
viewed from any right -of -way and provided that the sign is limited to a
maximum of 40 square feet.
8. Any parcel that does not have a ground- mounted sign as defined in section
142 -2 shall be allowed a single A -frame sign in place of the ground- mounted
sign. Such A -frame signs shall meet all of the following standards:
(i) A building permit shall be required prior to the sign's erection and the
building permit number shall be permanently affixed to the sign in a plainly
visible manner;
(ii) The sign shall be no greater than three feet in width and no greater than
four feet in height, exclusive of legs that can be no more than six inches in
height;
(iii) The sign shall be of A- frame -type construction, with only two sign faces
that are joined at the top;
(iv) The sign is portable and not permanently affixed to the ground;
(v) The sign is located on a private parcel of land and identifies a business on
that same private parcel of land. The sign may not be located on a public
right -of -way or walkway;
(vi) The sign shall only identify a lawfully - established business name(s)
and/or other information directly related to that business;
(vii) The sign shall not be located in a clear sight triangle;
(viii) The sign shall not be illuminated or electric and shall not have any
electric devices attached thereto; and
(ix) The sign shall be stored indoors during tropical storm/hurricane watches
and warnings and other severe weather advisories;
9. Ground - mounted multi - tenant /occupant signs. Every developed parcel of
land with greater than one commercial or other nonresidential use shall be
allowed additional ground- mounted signage area if granted Administrative
Variance as outlined in section 142 -6.
b. Wall - mounted signs.
1. Signs painted or attached to the surface of awnings, parapets, mansards and
similar roof and building elements shall be considered wall- mounted signs for
purposes of determining compliance with the requirements of this chapter.
2. Wall- mounted signs shall not extend above the facade of a building or project
outward more than 24 inches from the facade or wall to which it is attached.
Page 16 of 28
3. Each individual business frontage shall be allowed wall- mounted signage
equal in area to two square feet times the length of the individual business
frontage.
4. A commercial or other nonresidential building located on a corner of two
public streets shall be allowed wall- mounted signage on the wall not
considered to be the front (i.e., a side street) equal in area to one square foot
times the length of such wall.
5. The side of a commercial or other nonresidential building not on a corner of
two public streets shall be allowed wall- mounted signage on the side walls
equal in area to one -half square foot times the length of the side of the
building.
6. If the rear of a commercial or other nonresidential building faces a public
street or public parking lot, a wall- mounted sign up to a maximum of eight
square feet shall be allowed per individual business.
7. On a multistory commercial or other nonresidential building, wall- mounted
signage shall be permitted for each additional floor as outlined in subsection
(3)b.3. of this section.
8. Theaters, museums, auditoriums and fairgrounds and similar uses providing
regular shows shall be permitted an additional 50 square feet of a changeable
copy wall- mounted sign. Along the wall adjacent to the ticket windows, a
theater may display, without requiring a sign permit, one poster up to 12
square feet for each movie being shown.
9. Drive - through or carry -out services shall be allowed one wall- mounted sign
that carries only the name of the establishment and the current list and price of
goods or services available in the establishment and is not intended to be
viewed from any right -of -way and provided that the sign is limited to a
maximum of 40 square feet.
c. Canopy signs. One sign per business entrance shall be allowed to be erected
underneath, and extending downward from, a canopy along the front of a
building, provided:
1. The sign does not exceed eight square feet per face;
2. The sign is permanently attached and does not swing;
3. The sign is perpendicular to the facade of the building; and
4. The sign is located above a walkway.
(4) Off - premises signs. Any nonresidential, lawfully- established business located on
U.S. 1 shall be allowed to dedicate any portion of its allowance for one ground -
mounted sign to another nonresidential, lawfully- established business not located on
U.S. 1 that is accessed from a primary side street off U.S. 1 or a secondary side street
located off a primary side street. The side street intersecting U.S. 1 shall be located
within one -half mile of the property on U.S. 1 providing the off premises signage.
Such off - premises signage shall be limited to one sign face per direction on U.S. 1.
Off - premises advertising is also subject to subsections (3)a. and (3)b. of this section
and to regulations pursuant to F.S. chapter 479.
Page 17 of 28
A permit must be obtained from the Florida Department of Transportation (FDOT)
Outdoor Advertising office for any off - premises sign that is within 600 feet of the
nearest edge of the U.S. 1 right -of -way and/or is visible from U.S. 1. New permits
will not be issued for off - premises signs visible from a designated scenic highway
(Rule 14- 10(4)(c) Florida Administrative Code). The building department shall not
issue any building permit for an off - premise sign until the applicant provides
documentation from the FDOT indicating that a proposed off - premise sign is
permitted by the FDOT or that a permit is not necessary from the FDOT. It is the
responsibility of the applicant to obtain all federal, state and local permits for any off -
premises sign.
Sec. 142 -5. Regulations pertaining to the measurement, construction, and maintenance
of all signs.
The requirements of this section shall apply to all signs whether or not a permit is required
unless otherwise noted below:
(1) Measurement of sign area.
a. The sign area shall be measured from the outside edges of the sign or sign frame,
whichever is greater, excluding the area of the supporting structures, provided that
the supporting structures are not used for advertising purposes and are of an area
equal to or less than the permitted sign area. In the case of wall- mounted signs
without border or frame, the surface area shall include such reasonable and
proportionate space as would be required if a border or frame were used.
b. When a single sign structure is used to support two or more signs, or unconnected
elements of a single sign, the surface area shall comprise the square footage
within the perimeter of a regular geometric form enclosing the outer edges of all
the separate signs or sign elements. However, undecorated space of up to 12
inches between separate sign panels may be excluded from the sign area
measurement where necessary to provide structural support members or to
provide visual separation between sign panels.
c. Where signs are installed back -to -back, both faces shall be counted as sign area.
(2) Measurement of sign height. The height of a sign shall be considered to be the
vertical distance measured from the top of the structure to the finished ground
elevation of the site at the base of the sign. In no event shall excess fill be used to
raise a sign.
(3) Location of signs.
a. Clear sight triangle. No sign shall be erected that would impair visibility at a
street intersection or driveway entrance pursuant to section 114 -201.
b. Clearance from high- voltage power lines. Signs shall be located in such a way
that they maintain a clearance of ten feet to all overhead electrical conductors and
a three -foot clearance on all secondary voltage service drops.
c. Setbacks from property lines. The minimum setback for signs shall be five feet,
setbacks shall be measured from the property line to the farthest extension of the
sign, including any overhangs, guy wires and supports.
Page 18 of 28
d. Scenic corridor bufferyard. Where a scenic corridor bufferyard is required
pursuant to section 114 -125, ground- mounted signs shall only be erected in the
immediate vicinity of a driveway.
e. Fences. The authorized ground- mounted sign not requiring a permit may be
placed on a fence regardless of setbacks provided the sign does not extend above
the fence or project more than four inches outward from the fence.
(4) Construction and operation of signs. All signs shall comply with the following
requirements unless no permit is required.
a. Compliance with Florida Building Code. All signs shall comply with the
appropriate detailed provisions of the Florida Building Code, relating to design,
structural members and connections. Signs shall also comply with the additional
standards hereinafter set forth.
b. Licensed contractor. Signs shall only be erected by entities authorized by chapter
6.
c. Structure design. All signs that contain more than 40 square feet in area or are
erected over 20 feet in height shall be designed by an engineer registered in the
state. Structural drawings shall be prepared by the engineer and submitted prior to
a permit being issued. Wind load calculations shall be contained in the
engineering drawings. The building official may set wind load requirements
greater than the Florida Building Code if deemed necessary to protect the health,
safety and welfare of the public or property owners surrounding the sign. The
building official may request wind load calculations for signs of less than 40
square feet in area prior to issuing a permit.
d. Electric signs and illuminated signs.
1. All electric signs shall require a permit and shall be Underwriter's Laboratory
approved or certified by a sign electrician specialty contractor or master sign
contractor, or an electrical contractor, that the sign meets the standards
established by the National Electrical Code, current edition. All electric signs
shall be erected and installed by an entity authorized to do so by chapter 6,
and shall be in conformance with the National Electrical Code, current
edition. The provision of electrical power to a power source or connection of a
sign to existing electrical service shall be by an entity authorized by chapter 6.
2. Artificial light used to illuminate any sign from outside the boundaries of such
sign shall be screened in a manner that prevents the light source from being
visible from any right -of -way or adjacent property.
3. Electronic message centers or automatic changing signs (ACS) shall comply
with the following:
(i) Lamps/bulbs in excess of nine watts are prohibited in the ACS matrix;
(ii) ACS lamps/bulbs shall be covered by lenses, filters, or sunscreens;
(iii)ASC signs shall be equipped with an operational right dimming device;
and
(iv)Other than the scrolling of written messages or non - animated graphics, all
operating modes that result in animation as defined in section 142 -3(b) are
prohibited.
Page 19 of 28
e. Supports and braces. Supports and braces shall be adequate for wind loading.
Wire or cable supports shall have a safety factor of four times the required
strength. All metal, wire cable supports and braces and all bolts used to attach
signs to a bracket or brackets and signs to the supporting building or structure
shall be of galvanized steel or of an equivalent corrosive- resistant material. All
such sign supports shall be an integral part of the sign.
f. Sign anchoring. No sign shall be suspended by chains or other devices that will
allow the sign to swing due to wind action. Signs shall be anchored to prevent any
lateral movement that would cause wear on supporting members or connections.
g. Double-faced signs. Double -faced signs with opposing faces having an interior
angle greater than 45 degrees shall not be permitted.
(5) Sign identification and marking. Unless specifically exempted from permit
requirements of this chapter, no sign shall hereafter be erected, displayed, rebuilt,
repaired, the copy changed, painted or otherwise maintained until and unless the
county sign permit number is painted or otherwise affixed to the sign or sign structure
in such a manner as to be plainly visible from grade.
(6) Maintenance. All signs for which a permit is required by this chapter, including their
braces, supports, guys and anchors, shall be maintained so as to present a neat, clean
appearance. Painted areas and sign surfaces shall be kept in good condition, and
illumination, if provided, shall be maintained in safe and good working order.
(7) Responsibility. The sign owner, the owner of the property on which the sign is placed
and the sign contractor shall each be held responsible for adherence to this chapter
and chapter 6.
Sec. 142 -6. Criteria for variances.
La) Purpose. The purpose of this section is to establish authority, procedures, and standards
for the granting of variances from certain requirements of this chapter.
(b) Administrative variances. The planning director is authorized to grant administrative
variances to the maximum area per face requirements set forth in section 142- 4(3)a. for
ground- mounted signs that accommodate more than a single user (i.e. tenant, business,
organization).
(1) Application. An application shall be submitted to the planning director on a form
approved by the planning department.
(2) Standards. The planning director shall grant an administrative variance to the
maximum area per face requirements for ground- mounted signs that accommodate
more than a single user only if the applicant demonstrates that all of the following
standards are met:
a. The granting of the administrative variance shall not be materially detrimental to
other property owners in the immediate vicinity;
b. The administrative variance shall be the minimum necessary to provide relief to
the applicant;
Page 20 of 28
c. Each user shall be permitted only a single identification sign per each face /side of
the ground- mounted sign;
d. The area of each user's identification sign shall not exceed 100 square feet per
each face /side of the ground- mounted sign;
e. The total maximum area per face for the ground- mounted sign shall not exceed
400 square feet in area unless a variance is granted by the planning commission in
accordance with section 142 -6(c);
f. The total face area for the ground- mounted sign shall not exceed 800 square feet
on double -sided signs unless a variance is granted by the planning commission in
accordance with section 142 -6(c);
g. Such a ground- mounted sign shall not be constructed within 40 linear feet of
another ground- mounted sign; and
h. The sign shall be designed in accordance with the size of lettering guidelines set
forth in section 142 -9.
(3) Procedures. The planning director shall determine if an application complies with the
standards of section 142- 6(b)(2) within 60 days of the planning department's receipt
of a complete application. If the planning director determines that the application
complies with the standards, the planning department shall carry out public
notification in accordance with 142- 6(b)(4). If the planning director determined that
the application does not comply with the standards, the planning director shall issue a
written decision of denial to the applicant.
(4) Surrounding property owner notification of application. Only after determining that
an application for a variance complies with the standards, the planning director shall
provide written notice by regular mail to owners of real property located within 300
feet of the property that is the subject of the application. The notice shall provide a
brief description of the proposed administrative variance and indicate where the
application may be examined. The cost of providing notice shall be borne by the
applicant.
(5) Decision by the planning director. After 30 days of the date in which the written
notification was sent per section 142- 6(b)(4), the planning director shall review of all
public responses to the application. Upon a finding that the application has or has not
complied with the requirements and standards of this section, the planning director
shall issue a written administrative variance decision.
(6) Public hearing by the planning commission. If requested in writing by the applicant,
or an adversely affected owner or resident of real property located in the county
during the required 30 day notification period, a public hearing shall be scheduled on
the application. All costs of the public hearing shall be the responsibility of the
applicant for the administrative variance. The public hearing shall be conducted and
noticed in accordance with section 110 -5.
(c) Variances granted by the planning commission. The planning commission is authorized
to grant variances to this chapter.
(1) Application. An application shall be submitted to the planning director on a form
approved by the planning department.
(2) Standards. The planning commission shall grant a variance only if the applicant
demonstrates that all of the following standards are met:
Page 21 of 28
a. The literal interpretation and strict application of the provision and requirements
of this chapter would cause undue and unnecessary hardship to the sign owner
because of unique or unusual conditions pertaining to the specific building or
parcel or property in question;
(2) The granting of the requested variance would not be materially detrimental to the
property owners in the immediate vicinity;
(3) The unusual conditions applying to the specific property do not apply generally to
other properties in the unincorporated county;
(4) The granting of the variance will not be contrary to the general objective of this
chapter of moderating the size, number and obtrusive placement of signs and the
reduction of clutter;
(5) The variance is not requested solely on the basis of economic hardship of the sign
user;
(6) The variance shall be the minimum necessary to provide relief to the applicant;
and
(7) The variance shall not permit a sign expressly prohibited in section 142 -3(b).
(3) Procedures. The planning director shall determine if an application is complete.
Within 60 days of the planning department's receipt of a complete application, the
planning department shall schedule the application for review and decision by the
planning commission. The planning director shall review the entire application and all
public responses thereto and prepare a staff report with recommendations for the
planning commission. The application shall be heard at a regularly scheduled meeting
of the planning commission. Notice, posting and hearing requirements shall be in
accordance with section 110 -5.
(4) Decision by the planning commission. Within 30 days of the date of the public
hearing, upon a finding that the application has or has not complied with the
requirements and standards of this section, the planning commission shall issue a
written variance decision.
Sec. 142 -7. Nonconforming signs.
Lawfully established signs which becomes non - compliant and or non - conforming to the
current regulations as a result of any amendment to this chapter may continue only as
follows:
(1) For ground- mounted signs, changes of copy, including type style and color changes,
may be performed, provided that a permit is obtained and provided that the name of
the businesses or establishments depicted by the sign are not changed. Changes of
copy involving the name of the businesses or establishments depicted by the sign
shall only be performed if the sign is brought into compliance with the requirements
of this chapter.
(2) No permit shall be issued for repair or reconstruction of any sign structure where such
work would be more than 50 percent of the replacement cost of the sign. Neither shall
the cumulative costs of repair or reconstruction exceed 50 percent of the replacement
cost of any nonconforming sign. The planning department shall maintain an
independently verified schedule of the replacement cost of signs.
Page22of28
(3) Determinations of nonconforming signs shall be made such that ground- mounted
signs are treated separately from wall- mounted and all other signage. For example,
where both the ground- mounted and wall- mounted signs of a particular parcel are
nonconforming, the change of copy of a wall- mounted sign shall not require that the
ground- mounted signage be brought into compliance. However, where a sign other
than a ground- mounted sign is required to be brought into compliance, all of the signs
of an establishment other than the ground- mounted signs shall be brought into full
compliance with this chapter.
(4) Signs that cannot comply with the requirements of this chapter may be allowed to
continue if designated as a historical or cultural landmark pursuant to chapter 134,
article III. The specific conditions under which a designated sign is allowed to
continue shall be set forth in the resolution of the board of county commissioners.
Sec. 142 -8. Special identification signs.
(a) 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. 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 and
business districts. The county shall coordinate with local communities to select
appropriate landmarks to be identified.
Page 23 of 28
Sec. 142 -9. Guidelines for the size of lettering on signs.
The following illustrations serve as guidelines for the minimum size of lettering to be utilized by
the applicants in order to achieve safe visibility from passing motorists:
(a) Along 35 mile per hour (mph) roadways:
Size of Lettering for 35 mph Roadways
...ww9" .......lfl' .......11" »..«»....12' ,,.,. -.,13°
350
300
D y
250 -. �s .
200' .
1 13"
m
a 150
a 1'
r
100
ft f 9..
i 50 r .
£
Q ". .• a x i. 1! i.. I a. x 1
0 10 20 30 40 50 60 70 80 90 100 110 120 130 140
Distance between the Sign and the Driveway (Off -Set - ft.)
Determine the location of sign parallel to the roadway (Lateral Distance) and the distance
between the sign and the driveway (Off -Set). Plot the point corresponding to the lateral and off-
set distances_ Select the letter size corresponding to the line including or immediately above the
plotted point When a sign is intended to serve both approaches, plot a point for each approach
and select the larger letter size.
Measure distance between the sign and
the Imgninirig of the driveway for signs
Assume a 0 ft. distance For ns in downstream of the driveway treasure distance from
(off- -set distance( edge of travel fsrre
advance of the driveway 'lateral distance)
ce)
(cMf - distance)
Edge af�ed.a
24 41/1 Iril II .. ... ... , .., fight � �dsy
Pot
loc den
Measure distance from a sign
edge of travel fare Alternate location
latent distance) of sign
1
(b) Along 40 mile per hour (mph) roadways:
Size of Lettering for 40 mph Roadways
—11. —12 —13,
400
350 - - -------- - ------- 300
250 "
13'
200
2
100
ii"
so 4\
0 10 20 30 40 50 60 70 SO 90 100 110 120 130 140 150
Distance between the Sign and the Driveway (Off-Set - ft.)
Determine the location of sign parallel to the roadway (Lateral Distance) and the distance
between the sign and the driveway (Off-Set) Plot the point corresponding to the lateral and off-
set distances. Select the letter size corresponding to the line including or invnediately above the
plotted point When a sign is intended to serve both approaches, plot a point for each approach
and select the larger letter size.
Measure distant* between the sign and
the beginning aline driveway for signs
downstream of the driveway Measure distance from
Assume a 0 ft distance for signs iff edge of travel tane
(off distance)
\ advance of the driveway (lateral distance)
(off distance)
4 111
INN 11111111
ar :_ane
811
Ear or 7 -ant
F.1317:
Potential locadon
Measure distance from of sign
edge of travel lane
(lateral distance)
of sign
Page 25 of 28
(c) Along 45 mile per hour (mph) roadways:
Size of Lettering for 45 mph Roadways
...m...13'
—.1e , ---.-15" - 15'
350
300 ..........-............,..au,,-,
; 1
i
250
,o, . ,_..., ....
15'
6
3 150
. .14111111111Mik %*..
1 : 14
3 .
a. 100
13" n
we
°
1 50 1
0 10 20 30 SO 50 60 70 60 SO 100 110 120
Distance between the Sign and the Driveway (Off-Set - ft.)
Determine the location of sign parallel to the roadway (Lateral Distance) and the distance
between the sign and the driveway (Off-Set). Plot the point corresponding to the lateral and off-
set distances. Select the letter size corresponding to the line including or immediately above the
plotted point When a sign is intended to serve both approaches, plot a point for each approach
and select the larger letter size.
Measure distance between the sign atid
the beginning of the driveway for signs
downstream of the driveway Measure distance from
Assume a 0 & distance for signs la edge of nave/ tane
joffet distance)
\ --- advance of the ittiveway !Lateral distancet
(off-set distencei
11118011
Ens cf Inw.e. sere ---t
\
.........
„........
qpv
.........
4.1 it OH
solo
.41 Eagt af - vesei Lem
qte effigy
Potential location
Measure distance from of sign
edge of travel lane Alternate location
tiaterai distance)
of sign
Page 26 of 28
,
(d) Along 50 mile per hour (mph) roadways:
Size of Lettering for 50 mph Roadways
r•••••••15' LB"
350
250
200
6
S 150
3 :
3 "
°
°
1.00 2.5
50 ,
0 10 20 30 40 50 60 70 2.0 90 100 110
Distance between the Sign and the Driveway (Off-Set - ftj
Detemiine the location of sign parallel to the roadway (Lateral Distance) and the distance
between the sign and the driveway (Off-Set). Plot the point con to the lateral and off-
set distances. Select the letter size corresponding to the line including or immediately above the
plotted point When a sign is intended to sere both approaches, plot a point for each approach
and select the larger letter size.
Measure distance between the sign and
the beghtning of the driveway for signs
downstream of the driveway Measure distance from
Assume a 0 ft. distance for signs in 4cigt of travel tame
(off-se t distance)
advance &Ow driveway ;lateral distance)
(offset distance)
4 1111
401 11111111
Edge crf . "10.141Littrit
- Nina MI*
Esie of T•wre -atm
Potential location •
Measure distance from of sign
edge of travel lane Akentate location
(lateral distance)
of sign
Page 27 of 28
(d) Along 55 mile per hour (mph) roadways:
Size of Lettering for 55 mph Roadways
350
300
250
200
150
3
100
1
50 r
0 10 20 30 40 50 50 70 10 90 100
Distance between the Sign and the Driveway (Off-Set - ft.)
Determine the location of sign parallel to the roadway (Lateral Distance) and the distance
between the sign and the driveway (Off-Set). Plot the point corresponding to the lateral and off-
set distances. Select the letter size corresponding to the line including or immediately above the
plotted point. When a sign is intended to serve both approaches, plot a point for each approach
and select the larger letter size.
Measure distance bettswen the sign and
the beginning of the driveway for signs
downstream of the driveway Measure distance horn
Assume a 0 R. distwrce for signs in Edge of tweed face
foff-serdistance)
advance of die driveway flaterai distance)
ibff-ser distancei
4ffis
41N glen
nig' of ume
7.1/ sig■
eT Lare QOM
I
Potential location
VOOSilfe distance from of sign
edge of bawl lane
flateral distance)
of sign
Page 28 of 28
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 • J\ sbcou a •• c0 611 PLANTATION KEY
KEY WEST, FLORIDA 33040 /�: 5` F •,P I GOVERNMENT CENTER
TEL. (305) 294 - 4641 j * ._ 1 - # / 88820 OVERSEAS HIGHWAY
Fax (305) 295 -3663 ; • . ;4p' 27. PLANTATION KEY, FLORIDA 33070
1 ;ago•. • ..... ..r TEL. (305) 852 -7145
BRANCH OFFICE: %‘: =� FAx (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
FAx (305) 2894745 www.clerk -of- the- court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
March 1, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 8874
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 003 -2012 amending the
regulations pertaining to signage in Monroe County Code Chapter 142, Signs; providing for
severability; providing for repeal of conflicting provisions; providing for transmittal to the State
Land Planning Agency and the Secretary of State; providing for codification; providing for an
effective date.
This Ordinances was adopted by the Monroe County Board of County Commissioners at
a Regular Meeting, held in formal session, on February 15, 2012. 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: County Attorney
Growth Management
File
U.S. Postal Service rt
CERTIFIED MAIL, RECEIPT
= (Domestic Mail Only; No Insurance Coverage Provided)
r-
co For delivery information visit our website at www.usps.com,
43
.= S,
ILJ O Postage
Certified Fee 3 ° 4
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o Sent To Program Administrator -----
a Street, Apt. N ��� ap4Woekli
N or PO Box No Ai aray_.B.uil Ong.
City, State, zi 0 0 South Bronough Street
PS Form 3800. P. g -t . i..1 ,c r eaerse tor instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1, 2, and 3. Also complete A. S
item 4 if Restricted Delivery is desired. ❑ Agent
• Print your name and address on the reverse X �� ❑ Addressee
so that we can retum the card to you. B - by (Printed Name) CDate9 "very
• Attach this card to the back of the mailpiece, +,
or on the front if space permits.
D Is delive dress dijfer!nt from Item 1? ❑ Yes
1. Article Addressed to: • • 3 If YES, en to liv address below: ❑ No
e!y }4 _
S ik
Program Administrator
Administrative Code and Weekly
3. serv}vice Type
Fk.A. Gray Building lol Certifed Mail ❑ Express Mail
500 South Bronough Street ❑ Registered ❑ Retum Receipt for Merchandise
fatlahassee, Florida 32399 -0250 ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7 010 1670 0001 0 2 4 4 8 8 7 4
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
TtIE S "
fi
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`o tY E ' .�44�r'
FLORIDA DEPARTMENT Of STATE
r s
RICK SCOTT KEN DETZNER
Governor Secretary of State
March 7, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated March 1, 2012 and certified copy of Monroe County Ordinance No. 003 -2012, which was filed in
this office on March 6, 2012.
Sincerely,
Liz Cloud
Program Administrator
LC /srd
_ -
n
O
33
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 245 -6282
www.dos.state.fl.us
Page l of l
Pam Hancock
From: <ords @municode.com>
To: <phancock @ monroe- clerk.com >; <grimsley -susan @monroecounty - fl.gov>
Sent: Thursday, May 24, 2012 12:57 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 1
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 1
Document Adopted Recorded Recorded
Date Format
Ordinance No. 003- 2/15/2012 4/24/2012 Word
2012
Ordinance No. 007- 4/18/2012 5/22/2012 Hard Copy
2012
Ordinance No 008- 4/18/2012 5/22/2012 Hard Copy
2012
Ordinance No. 009- 5/16/2012 5/24/2012 PDF
2012
Ordinance No 025- 12/14/2011 4/24/2012 Word
2011
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
5/24/2012
DEO Final Order No.: DEO -12 -028
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 003 -2012
FINAL ORDER
The Department of Economic Opportunity (the "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2011), 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 March 6, 2012, the Department received for review Monroe County Ordinance No. 003-
2012 ( "Ord. 003 - 2012 "), adopted by Monroe County on February 15, 2012.
3. The purpose of Ord. 003 -2012 is to amend Monroe County Code Chapter 142 Signs in
order to simplify existing signage regulations and ensure signage is consistent with community
character and public safety.
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. (2011).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2011) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and other
1
DEO Final Order. No.: DEO -12 -028
regulations controlling the development of land. § 380.031(8), Fla. Stat. (2011). The regulations
adopted by Ord. 003 -2012 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 Rathkamp v. Department of Economic Opportunity,
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. 003 -2012 is consistent with and furthers the following Principles:
(a) To strengthen a local government's capabilities for managing land use and
development so that the local government is able to achieve these objectives
without continuing the area of critical state concern designation.
(g) To protect the historical heritage of the Florida Keys.
(n) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
9. Ord. 003 -2012 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 003 -2012 furthers the Monroe County Comprehensive Plan Objective 101.15.
WHEREFORE, IT IS ORDERED that Ord. 003 -2012 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.
2
DEO Final Order No.: DEO -12 -028 4 a.,(A
. •
J. *Arias Beck, AICP
Director, Division of Community Planning
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, Florida 32399 -4128
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 ECONOMIC
OPPORTUNITY 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, 107 EAST
MADISON STREET, CALDWELL BUILDING MSC 110, TALLAHASSEE, FLORIDA
3
DEO Final Order No.: DE0-12 -028
32399 -4128.
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,
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 coect copies have been furnished to
the persons listed below by the method indicated this j,/-ay of March, 2012.
Miriam Snipes, Age clerk
By U.S. Mail:
Honorable David Rice
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, DEO Tallahassee
David L. Jordan, Assistant General Counsel, DEO Tallahassee
4