Item C03M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: C.3
Agenda Item Summary #3473
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,
declaring zoning in progress for a period of one hundred eighty days to defer processing of sign code
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 temporary
signs in the interim.
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 a 6 month moratorium on the processing
applications for new signs and for replacement of signs damaged by the storm. During the
moratorium, staff would present proposed revisions to the sign code through the normal process.
The resolution, as drafted, would authorize the placement of temporary signs during the moratorium
PREVIOUS RELEVANT BOCC ACTION:
October 19, 2016- Nancy Stroud contact approval to review sign code.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Sign Code Resolution- ZIP
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
10/03/2017 4:36 PM
Bob Shillinger
Completed
10/03/2017 5:04 PM
Christine Hurley
Completed
10/03/2017 5:13 PM
Mayte Santamaria
Completed
10/03/2017 5:46 PM
Kathy Peters
Completed
10/03/2017 8:01 PM
Board of County Commissioners
Pending
10/18/2017 9:00 AM
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. -2017
10 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
11 MONROE COUNTY, FLORIDA RELATING TO SIGN REGULATIONS;
12 DECLARING ZONING IN PROGRESS FOR A PERIOD OF ONE
13 HUNDRED EIGHTY DAYS; DIRECTING COUNTY STAFF TO
14 STUDYAND RECOMMEND AMENDMENTS TO THE COUNTY'S LAND
15 DEVELOPMENT REGULATIONS GOVERNING PERMITTED SIGNS;
16 PROVIDING FOR PUBLIC NOTICE OF ZONING IN PROGRESS AND
17 REQUIRED COMPLIANCE; ARTICULATING A FORMAL BASIS FOR
18 ZONING IN PROGRESS; PROVIDING A ZONING IN PROGRESS
19 PERIOD EXTENSION PROCESS; PROVIDING FOR SEVERABILITY;
20 PROVIDING FOR AN EFFECTIVE DATE.
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22 WHEREAS Citizens of Monroe County have expressed concern about the scope and
23 extent of regulation of signs within the County; and
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25 WHEREAS it is the desire of the Board of County Commissioners that Monroe County
26 examine and study its land development regulations relating to signs, particularly in light of the
27 United States Supreme Court case of Reed v. Town of Gilbert, 576 U.S. (2015); and
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29 WHEREAS Section 163.3202(2)(f) of the Florida Statutes requires the County's local
30 planning agency to review proposed sign regulations and make recommendations to the County's
31 governing body as to their consistency with the County's Comprehensive Plan; and
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33 WHEREAS County Staff anticipates that the County's sign regulations can be examined,
34 studied, revised, brought before the Board of County Commissioners for recommendation and
35 brought before the Commission for action and adoption, in the form of one or more proposed
36 ordinances, within a period of one hundred eighty (ISO) days; and
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38 WHEREAS it is the intent of the County Commission to invoke the legal doctrine in
39 Florida known as "Zoning in Progress" with respect to the following matters:
40
41 (a) The prohibition of new, non - portable signs in all zoning districts of the County
42 that requires a permit; and
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44 (b) The exemption of certain signs from the general application of the sign code;
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46 and to require all parcels of land within the County's to comply with any new regulations
47 governing these matters that are adopted during the Zoning in Progress period as it may be
48 extended from time to time; and
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50 WHEREAS as a formal basis for invoking Zoning in Progress, the Board of County
51 Commissioners finds that the sign regulations of Monroe County identified herein require
52 examination, study and revision by the County's staff and the County's hired expert in order to
53 protect and further the substantial interests of the County and its citizens in ensuring safe
54 vehicular travel through residential and commercial districts, maintaining the aesthetic
55 harmony and natural beauty of the Florida Keys and preventing the unsightly visual clutter
56 brought about by unmanaged nonpermanent signage, all while vigorously protecting the right
57 of free speech and discourse guaranteed by the First Amendment to the Constitution of the
58 United States and the Declaration of Rights of the Florida Constitution; and
59
60 WHEREAS the County is currently in the process of contemplating revisions to its sign
61 code and does not wish to see its citizens expend financial resources rebuilding signs, which
62 were recently damaged by Hurricane Irma, to a code that may soon be modified or replaced, at
63 potential greater expense to the sign owner;
64
65 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
66 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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68 Section 1. Incorporation of Recitals The foregoing recitals are incorporated herein and
69 found by the County Commission to be true and correct statements of fact.
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71 Section 2. Zoning in Progress Declared Monroe County formally invokes and
72 declares "Zoning in Progress" for a period of one hundred eighty (180) days from
73 the effective date of this Resolution with respect to the following:
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75 (a) The prohibition of all signs that require a permit under Section 142 -4 of
76 Monroe County Code in all zoning districts of the County; and
77
78 (b) The allowance of a single portable sign as defined under 142 -2 of the
79 Monroe County Code in place of an existing sign suffering damage during
80 Hurricane IRMA and seeking repair or replacement during this zoning in
81 progress; and
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83 (c) If no permit was required prior to this Zoning in Progress, then the zoning
84 in progress shall not apply to said sign.
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86 Section 3. County Staff to Examine Regulations County Staff is hereby directed to
87 examine, study, revise, recommend and submit proposed sign regulations
88 concerning the foregoing matters to the Board of County Commissioners for
89 action and adoption, in the form of one or more recommended ordinances, before
90 the expiration of the Zoning in Progress period. County staff is hereby directed to
91 process an interim development ordinance to prohibit all signs that require a
92 permit under Section 142 -4 of Monroe County Code in all zoning districts of the
93 County for a period of one hundred eighty (180) days, commencing on October
94 18, 2017.
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96 Section 4. Public Notice of Zoning in Progress and Required Compliance This Zoning
97 in Progress Resolution shall serve as public notice that the County intends to
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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 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 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. Severahility 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.
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
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BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
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Mayor George Neugent
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141 (SEAL)
142 ATTEST: KEVIN MADOK, CLERK
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VIONROE COUNTY ATTORNIEY
J AP .. tO VE AST ORM:
ASSISTANT COU T'f TTORNEY
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