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Ordinance 003-2012 6 i ��; 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 Page 1 of 28 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. Page 2 of 28 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 f r �x3 `. i s \f t` f —v 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. Page5of28 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 Page 6 of 28 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; Page7of28 (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 Page 8 of 28 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; Page 9 of 28 (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 Page 11 of 28 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. Page 13 of 28 (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 rR O Rs tR egt re �`j / i Post�tork C (Endorsement Re wired Restricted Delivery Fee :1 (Endorsement Required) , N CD q M N • \ ` J � . • .p Total Postage & Fees ., J mg i `K 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 T!'ir `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