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