Resolution 342-20171
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO.342 -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;
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45 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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48 Section 1: Incorporation of Recitals The foregoing recitals are incorporated herein and
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found by the County Commission to be true and correct statements of fact.
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Section 2.
Interim Sign Permits Established For a period of two (2) years from .the signed
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date of this Resolution all sign permits issued by Monroe County shall be interim
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permits. The applicant shall sign a written acknowledgment that will, be placed
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into the file, understanding that the permit is an interim permit and that it's
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possible in two years that sign may become nonconforming after which time if it
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is damaged more than 50% or destroyed the applicant will have to comply with
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the new sign code. During the period of interim permits County Staff is directed
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to issue sign permits in accord with Chapter 142 of the Monroe County code with
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the specific exception that any permits issued shall have the word "Interim" added
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to the permit along with a clearly stated expiration date.
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Section 3.
County Staff to Examine Regulations County Staff is hereby directed to
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examine, study, revise, recommend and submit proposed sign regulations
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concerning the foregoing matters to the Board of County Commissioners for
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action and adoption, in the form of one or more recommended ordinances.
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Section 4.
Basis for Interim Sign Permits The Board of County Commissioners finds that
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the sign regulations of Monroe County identified in Section 2 require
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examination, study and revision in order to protect and further the substantial
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interests of the County and its citizens in ensuring safe vehicular travel,
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constitutional compliance, the maintenance of the aesthetic harmony and natural
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beauty of the Florida Keys, the prevention of unsightly visual clutter brought
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about by unmanaged nonpermanent signage, and the vigorous protection of the
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right of free speech and public discourse guaranteed by the First Amendment to
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the Constitution of the United States and the Declaration of Rights of the Florida
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Constitution.
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Section 5.
Extension of Interim Sign The Board of County Commissioners may, upon
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finding that development of new sign regulations is continuing to occur in good
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faith, extend the length of the interim sign two year time period by adopting an
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official Resolution.
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Section 6.
Severability If any .section, subsection, sentence, clause or phrase of this
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Resolution is, for any reason held to be unconstitutional, such decision shall not
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affect the validity of the remaining portions of this Resolution. Monroe County,
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Florida hereby declares that it would have passed this Resolution, and each
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section, subsection, clause or phrase thereof, irrespective of the fact that any
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one or more sections, subsections, sentences, clauses and phrases be declared
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unconstitutional.
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91 PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of
92 Monroe County, Florida held on the Mthday of November, 2017.
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Mayor David Rice
Yes
Mayor Pro Tern Sylvia J. Murphy
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner George Neugent
Yes
Commissioner Heather Carruthers
Yes
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95 OF COUNTY COMMISSIONERS OF MONROE C UNT ; FLORIDA
96'
98� rr; .' f Mayor Davi P. Rice
0' ATTEST:KEVIN MADOK, CLERK
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WnW E COUNTY A O NL�Y
APR V£C A, Tp
STEV T. F
ASSISTANT C -P UN TY ATTORNEY
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