Resolution 298-2017RESOLUTION NO. 298 - 2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
RELATING TO SIGN REGULATIONS; DECLARING
ZONING IN PROGRESS FOR A PERIOD OF ONE
HUNDRED EIGHTY DAYS; DIRECTING COUNTY STAFF
TO STUDY AND RECOMMEND AMENDMENTS TO THE
COUNTY'S LAND DEVELOPMENT REGULATIONS
GOVERNING PERMITTED SIGNS; PROVIDING FOR
PUBLIC NOTICE OF ZONING IN PROGRESS AND
REQUIRED COMPLIANCE; ARTICULATING A FORMAL
BASIS FOR ZONING IN PROGRESS; PROVIDING A
ZONING IN PROGRESS PERIOD EXTENSION PROCESS;
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 can be
examined, studies, 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 no later than November 14, 2017; and
WHEREAS, it is the intent of the County Commission to invoke the legal doctrine in
Florida known as "Zoning in Progress" with respect to the following matters:
(a) The prohibition of new, non - portable signs in all zoning districts of the County that
requires a permit; and
(b) The exemption of certain signs from the general application of the sign code;
and to require all parcels of land within the County to comply with any new regulations
governing these matters that are adopted during the Zoning in Progress period as it may be
extended from time to time; and
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WHEREAS, as a formal basis for invoking Zoning in Progress, the Board of County
Commissioners fids that the sign regulations of Monroe County identified herein require
examination, study and revision by the County's staff and the County's hired expert in order to
protect and further the substantial interests of the County and its citizens in ensuring safe
vehicular travel through residential and commercial districts, maintaining the aesthetic harmony
and natural beauty of the Florida Keys and preventing the unsightly visual clutter brought about
by unmanaged non - permanent signage, all while vigorously protecting the right of free speech
and discourse guaranteed by the First Amendment to the Constitution of the United States and
the Declaration of Rights of the Florida Constitution; 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;
NOW THEREFORE, BE IT RESOLVED BY THE COUNTY BOARD OF
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. Zoning in Progress Declared. Monroe County formally invokes
and declares "Zoning in Progress" from the effective date of this
Resolution until November 14, 2017 with respect to the following:
(a) The prohibition of all signs that require a permit under Section
142 -4 of the Monroe County Code in all zoning districts of the
County; and
(b) The allowance of a single portable sign as defined under
Section 142 -2 of the Monroe County Code in place of an
existing sign suffering damage during Hurricane Irma and
seeking repair or replacement during this Zoning in Progress;
and
(c) If no permit was required prior to this Zoning in Progress, then
the Zoning in Process shall not apply to said sign.
Section 3. County Staff to Examine Regulations County staff is hereby
directed to examine, study, revised, 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, before the
expiration of the Zoning in Progress period. County staff is hereby
directed to process an interim development ordinance to prohibit
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all signs that require a permit under Section 142 -4 of the Monroe
County Code in all zoning districts of the County commencing
October 18, 2017 until November 14, 2017.
Section 4. Public Notice of Zoning in Progress and Required Compliance
This Zoning in Progress resolution shall serve as public notice that
the County intends to adopt new regulations governing signs. All
parcels of land within the County shall be required to comply with
all new County sign regulations and exempt sign regulations
adopted during the Zoning in Progress period. The County is
directed to publicly post a copy of this resolution during the
Zoning in Progress period and to cause this resolution to be
published, in full, at least once in a newspaper of general
circulation within the County.
Section 5. Basis for Zoning in Progress. 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 non - permanent 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 6. Extension of Zoning in Progress 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 Zoning in progress period by adopting an official resolution
and instructing the County to publish it in the same manner
provided for in Section 4.
Section 7. Severability. If any section, subsection, sentence, clause or phrase
of this resolution is, for any reason, held to be unconstitutional,
such decision shall 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.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18` day of October, 2017.
Mayor George Neugent
Yes
Mayor Pro Tem David Rice
Yes
Commissioner Danny Kolhage
No
Commissioner Heather Carruthers
No
=b, ; Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: 4. .t.4.
Mayo George Neugen
MlOROR
A PPRO TAYTOR
T B._ umG- E-R. JR.
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