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Item G06M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: G.6 Agenda Item Summary #3509 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584 N/A AGENDA ITEM WORDING: Approval of a resolution relating to sign code regulations, establishing interim sign permits, directing county staff to study and recommend amendments to the county's land development regulations governing permitted signs, and to authorize the placement of interim signs. ITEM BACKGROUND: Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property. Prior to the storm, the County was already contemplating updating its sign code to comport with recent court rulings. In order to avoid having business owners expend financial resources rebuilding signs, which were recently damaged by Hurricane Irma, to a code that may soon be modified or replaced, at potential greater expense to the sign owner, staff is proposing the establishment of interim sign permit approvals for applications for new signs and for replacement of signs damaged by the storm. Interim sign permits would be valid for 2 years. After 2 years the applicant must re -apply for a permit that conforms to all sign codes in place at that time. PREVIOUS RELEVANT BOCC ACTION: October 19, 2016- Nancy Stroud contract approval to review sign code. October 18, 2017- Discussion and direction regarding sign code regulations. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Sign Interim Permit Resolution FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Steve Williams Completed Bob Shillinger Completed Mayte Santamaria Completed Assistant County Administrator Christine Hurley 10/30/2017 6:00 PM Kathy Peters Completed Board of County Commissioners Pending 10/27/2017 8:24 AM 10/30/2017 11:17 AM 10/30/2017 5:44 PM Completed 10/30/2017 6:20 PM 11/14/2017 9:00 AM 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RELATING TO POST - HURRICANE IRMA SIGN REGULATIONS; ESTABLISHING AN INTERIM SIGN PERMIT; DIRECTING COUNTY STAFF TO STUDY AND RECOMMEND AMENDMENTS TO THE COUNTY'S LAND DEVELOPMENT REGULATIONS GOVERNING PERMITTED SIGNS; PROVIDING FOR AN INTERIM SIGN PERMIT PERIOD OF TWO YEARS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Citizens of Monroe County have expressed concern about the scope and extent of regulation of signs within the County; and WHEREAS it is the desire of the Board of County Commissioners that Monroe County examine and study its land development regulations relating to signs, particularly in light of the United States Supreme Court case of Reed v. Town of Gilbert, 576 U.S. (2015); and WHEREAS Section 163.3202(2)(f) of the Florida Statutes requires the County's local planning agency to review proposed sign regulations and make recommendations to the County's governing body as to their consistency with the County's Comprehensive Plan; and WHEREAS County Staff anticipates that the County's sign regulations will be examined, studied, revised, brought before the Board of County Commissioners for recommendation and brought before the Commission for action and adoption, in the form of one or more proposed ordinances, and that such activity may become an involved and lengthy process; and WHEREAS the Board of County Commissioners wishes that all citizens, businesses and entities be able to erect and place signage as currently allowed under the Monroe County Code, the commission also does not wish to see economic waste; and WHEREAS the County is currently in the process of contemplating revisions to its sign code and does not wish to see its citizens expend financial resources rebuilding signs, which were recently damaged by Hurricane Irma, to a code that may soon be modified or replaced, at potential greater expense to the sign owner; 0 0 a� 0 Pagel of 3 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Incorporation of Recitals The foregoing recitals are incorporated herein and found by the County Commission to be true and correct statements of fact. Section 2. Interim Sign Permits Established For a period of two (2) years from the signed date of this Resolution all sign permits issued by Monroe County shall be interim permits. Such permits shall be clearly labeled as "Interim" and must contain a clear expiration date. During the period of interim permits County Staff is directed to issue sign permits in accord with Chapter 142 of the Monroe County code with the specific exception that any permits issued shall have the word "Interim" added to the permit along with a clearly stated expiration date. Interim sign permits would be valid for 2 years. After 2 years the applicant must re -apply for a permit that conforms to all sign codes in place at that time. Section 3. County Staff to Examine Regulations County Staff is hereby directed to examine, study, revise, recommend and submit proposed sign regulations concerning the foregoing matters to the Board of County Commissioners for action and adoption, in the form of one or more recommended ordinances. Section 4. Basis for Interim Sign Permits The Board of County Commissioners finds that the sign regulations of Monroe County identified in Section 2 require examination, study and revision in order to protect and further the substantial interests of the County and its citizens in ensuring safe vehicular travel, constitutional compliance, the maintenance of the aesthetic harmony and natural beauty of the Florida Keys, the prevention of unsightly visual clutter brought about by unmanaged nonpermanent signage, and the vigorous protection of the right of free speech and public discourse guaranteed by the First Amendment to the Constitution of the United States and the Declaration of Rights of the Florida Constitution. Section 5. Extension of Interim Sign The Board of County Commissioners may, upon finding that development of new sign regulations is continuing to occur in good faith, extend the length of the interim sign two year time period by adopting an official Resolution. Section 6. Severability If any section, subsection, sentence, clause or phrase of this Resolution is, for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution. Monroe County, Florida hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County, Florida held on the day of October, 2017. 0 a� 0 Page 2 of 3 Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy 93 94 95 96 97 98 99 100 101 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: KEVIN MADOK, CLERK Mayor George Neugent a� Page 3 of 3