Item P03 � P.3
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: P.3
Agenda Item Summary #6540
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Land Development Code, Chapter
142, Signs, to address development regulation related to signs, particularly in light of the United
States Supreme Court case of Reed v. Town of Gilbert, 576 U.S. (2015).
ITEM BACKGROUND:
In 2015, the United States Supreme court issued a landmark decision affecting sign codes
nationwide. In short, the decision held that communities may not regulate the content of signs via a
local sign code. A reading of the existing Monroe County sign code indicated that content was
regulated in our code and that our code needed to be brought into conformance with the new
Supreme Court decision. In 2016, the County began the process of updating our sign code.
On November 14, 2017, following Hurricane Irma, which struck the Florida Keys on September 10,
2017 and caused damage to many signs within Monroe County, the Board of County Commissioners
(BOCC) passed Resolution No. 342-2017 related to post-Hurricane Irma sign regulation;
establishing an interim sign permit; directing County staff to study and recommend amendments to
the County's Land Development Regulations governing permitted signs; and providing for an
interim sign permit period of two years.
Section 4 of the Resolution states "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 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."
The amendments to the Land Development Code Chapter 142, Signs, are proposed to address
Packet Pg. 3441
P.3
development regulation related to signs,particularly in light of the United States Supreme Court case
of Reed v. Town of Gilbert, 576 U.S. (2015). Outside counsel was obtained as consultant to guide
and review the proposed text amendment for consistency with the court decision.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Land Development
Code text amendment was held on August 22, 2019 in Marathon and provided for public input.
There was no members of the public in attendance.
Development Review Committee and Public Input
At a regular meeting held on October 22, 2019, the Development Review Committee (DRC)
considered the proposed Comprehensive Plan text amendment and provided for public comment.
Planning Commission and Public Input
At a regular meeting held on December 19, 2019, the Planning Commission (PC) recommended
approval of the proposed text amendment through PC Resolution P56-19 and provided for public
comment.
The proposed amendment affects all of Chapter 142, Signs and can be reviewed in the attached
document"Exhibit 1 LDC Chapter 142 Signs" as well as within the body of the Ordinance (deletions
are .4-14 4hpamgh; additions are shown in underlined).
PREVIOUS RELEVANT BOCC ACTION:
On October 19, 2016 a contract was approved hiring Nancy Stroud to review the sign code. On
October 18, 2017 discussion and direction regarding sign code regulations — zoning in progress —
continued to November 14, 2017. On November 14, 2017, the BOCC passed Resolution No. 342-
2017 establishing interim sign permits following Hurricane Irma given the pending changes to the
code. In the resolution the BOCC directed staff to 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, U.S._(2015). On February 21, 2018 Nancy Stroud gave presentation to the BOCC
regarding the issues related to the sign code. On May 22, 2019 Nancy Stroud presented her draft
code amendments. They gave direction for staff to process the draft amendments.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment.
DOCUMENTATION:
Staff Report to BOCC File 2019-100
Exhibit 1 LDC Chapter 142 SIGNS
UPDATED - Exhibit 1 LDC Chapter 142 SIGNS
UPDATED Ordinance (File 2019-100) (7/7/20)
FINANCIAL IMPACT:
Packet Pg. 3442
P.3
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 01/29/2020 10:11 PM
Steve Williams Completed 01/31/2020 10:19 AM
Maureen Proffitt Completed 01/31/2020 10:35 AM
Assistant County Administrator Christine Hurley Completed
O1/31/2020 11:53 AM
Budget and Finance Completed 01/31/2020 3:42 PM
Maria Slavik Completed 02/03/2020 10:14 AM
Kathy Peters Completed 02/03/2020 3:37 PM
Board of County Commissioners Completed 02/19/2020 9:00 AM
Board of County Commissioners Pending 07/15/2020 9:00 AM
Packet Pg. 3443
2
3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 cv
8
9 To: Monroe County Board of County Commissioners y
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental U)
12 Resources
13
14 From: Devin Rains, Planning and Development Permit Services Manager
15
16 Date: January 27, 2020 .�
17
18 Subject: An ordinance by the Monroe County Board of County Commissioners amending the E
19 Monroe County Land Development Code Chapter 142, Signs. (File 42019-100)
20
21
22 Meeting: February 19, 2020
c,
23
24
25 I. REQUEST
26 W
27 The Monroe County Planning & Environmental Resources Department is proposing amendments
28 to the Land Development Code to amend Chapter 142, Signs, to address development regulation o
29 related to signs, particularly in light of the United States Supreme Court case of Reed v. Town of T
30 Gilbert, 576 U.S. (2015).
31
32 II. BACKGROUND INFORMATION
33
34 On November 14, 2017, following Hurricane Irma, which struck the Florida Keys on September
35 10, 2017 and caused damage to many signs within Monroe County, the Board of County
i�
36 Commissioners (BOCC) passed Resolution No. 342-2017 related to post-Hurricane Irma sign
37 regulation; establishing an interim sign permit; directing County staff to study and recommend
38 amendments to the County's Land Development Regulations governing permitted signs; and a
39 providing for an interim sign permit period of two years.
40
41 Section 4 of the Resolution states "The Board of County Commissioners finds that the sign
42 regulations of Monroe County identified in Section 2 require examination, study and revision in
43 order to protect and further the substantial interests of the County and its citizens in ensuring safe v)
44 vehicular travel, constitutional compliance, the maintenance of the aesthetic harmony and natural
45 beauty of the Florida Keys, the prevention of unsightly clutter brought about by unmanaged E
46 nonpermanent signage, and the vigorous protection of the right of free speech and public
BOCC SR 1.27.20 Page I of 7
File#2019-100
Packet Pg. 3444
P.3.ai
I discourse guaranteed by the First Amendment to the Constitution of the United States and the
2 Declaration of Rights of the Florida Constitution."
3
4 Community Meeting and Public Participation
5 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive
6 Plan and Land Development Code text amendments was held on August 22, 2019 in Marathon
7 and provided for public input. There were no members of the public in attendance. N
8
9 Development Review Committee and Public Input
10 At a regular meeting held on October 22, 2019, the Development Review Committee (DRC)
11 considered the proposed Land Development Code text amendment and provided for public U)
12 comment.
13
14 Planning Commission Hearing
15 At a regular meeting held on December 19, 2019, the Planning Commission (PC) recommended
16 approval of the proposed text amendment through PC Resolution P56-19 and provided for public
17 comment.
m
18
19 Previous Relevant BOCC Action
20 On October 19, 2016 a contract was approved hiring Nancy Stroud to review the sign code. On
21 October 18, 2017 discussion and direction regarding sign code regulations — zoning in progress —
22 continued to November 14, 2017. On November 14, 2017, the BOCC passed Resolution No.
23 342-2017 establishing interim sign permits following Hurricane Irma given the pending changes
24 to the code. In the resolution the BOCC directed staff to examine and study its land development
25 regulations relating to signs,particularly in light of the United States Supreme Court case of Reed
26 v. Town of Gilbert, U.S._(2015). On February 21, 2018 Nancy Stroud gave presentation to the
27 BOCC regarding the issues related to the sign code. On May 22, 2019 Nancy Stroud presented
28 her draft code amendments. They gave direction for staff to process the draft amendments.
29 .2
30 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
31
32 The proposed amendments to LDC Chapter 142 Signs are attached as Exhibit 1 (deletions are
33 stfi ke th-etigh; additions are shown underlined). �+
34 N
35 The proposed Amendments to LDC Chapter 142 — Signs can be found in Exhibit 1.
36 U-
37 IV. ANALYSIS OF PROPOSED AMENDMENT
38 ca
0
39 The amendments to the Land Development Code Chapter 142, Signs, are proposed to address
40 development regulation related to signs, particularly in light of the United States Supreme Court 0
41 case of Reed v. Town of Gilbert, 576 U.S. (2015). Outside counsel was obtained as consultant to
42 guide and review the proposed text amendment for consistency with the court decision.
43 )
44 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
45
46 The proposed amendment is consistent with one or more of the required provisions of LDC Section
47 102-158(d)(7)(b):
BOCC SR 1.27.20 Page 2 of 7
File#2019-100
Packet Pg. 3445
P.3.ai
1
2 1. Changed projections (e.g., regarding public service needs) from those on which the text or
3 boundary was based;
4 N/A
5
6 2. Changed assumptions (e.g., regarding demographic trends); c„
m
7 N/A
8 y
9 3. Data errors, including errors in mapping, vegetative types and natural features described in
10 volume 1 of the plan;
11 N/A u
12
13 4. New issues;
14 The United States Supreme Court case of Reed v. Town of Gilbert, U.S._(2015) specifically
15 addressed free speech related to signage. E
16 X
17 5. Recognition of a need for additional detail or comprehensiveness; or
t�
18 The current LDC is being examined and studied for Constitutional compliance.
19
20 6. Data updates;
21 N/A
22
23 In no event shall an amendment be approved which will result in an adverse community
24 change to the planning area in which the proposed development is located or to any area in v,
25 accordance with a Livable CommuniKeys master plan pursuant to findings of the Board of
26 County Commissioners.
27 The proposed text amendment is not anticipated to result in an adverse community change. All
28 development shall be required to comply with the Livable CommuniKeys Plans, the regulations set
29 forth in the Land Development Code and the Florida Building Code. a
30
31 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
32 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. ca
0
33
34 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
35 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
36
37 GOAL 101
38 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
39 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.] E
40
41 Objective 101.1
BOCC SR 1.27.20 Page 3 of 7
File#2019-100
Packet Pg. 3446
P.3.ai
I Monroe County shall ensure that all development and redevelopment taking place within its
2 boundaries does not result in a reduction of the level-of-service requirements established and
3 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
4 plan amendments include an analysis of the availability of facilities and services or demonstrate
5 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
6
7 Objective 101.5
8 Monroe County shall regulate future development and redevelopment to maintain and enhance
i�
9 the character of the community and protect natural resources by providing for the compatible
10 distribution of land uses consistent with the designations shown on the Future Land Use Map.
11 [F.S. § 163.3177(6)(a)] U)
12
13 Objective 101.8
14 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
15 applicable provisions of the land development regulations, zoning districts, Future Land Use
c,
16 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
17 important part of the community character and the County desires to maintain such character
18 and protect these lawfully established, nonconforming uses and allow them to be repaired or E
19 replaced. [§163.3177 (6)a.2.e.]
20
21 Objective 101.9
22 Monroe County shall eliminate or reduce the frequency of structures which are inconsistent
23 with the applicable provisions of the land development regulations, zoning districts, Future
24 Land Use categories and the Future Land Use Map. In Monroe County, some nonconforming
25 structures are an important part of the community character and the County desires to maintain
26 such character and protect these lawfully established, nonconforming structures and allow them
27 to be repaired or replaced. [F.S. § 163.3177(6)(a)2.e.]
28
29 Objective 101.15 °
30 Monroe County shall enforce and maintain the existing sign regulations in order to maintain
31 and improve the visual character of the County and protect adjacent land uses.
32
33 Policy 101.15.1
34 Monroe County shall continue to eliminate illegal signage. Monroe County shall continue to
35 eliminate nonconforming signs if damaged more than fifty percent of the pre-destruction
36 market value of the sign. "-
37 c�a
38 Objective 101.16 ca
39 Monroe County shall maintain guidelines and criteria consistent with nationally recognized
40 standards and tailored to local conditions which provide for safe and convenient on-site traffic 0
41 flow, adequate pedestrian ways and sidewalks, and sufficient on-site parking for both
42 motorized and non-motorized vehicles.
43
44 Policy 101.16.1
45 Monroe County shall maintain land development regulations which provide for safe and
46 convenient on-site traffic flow, adequate pedestrian ways and sidewalks, and sufficient on-site
47 parking for both motorized and non-motorized vehicles.
48
BOCC SR 1.27.20 Page 4 of 7
File#2019-100
Packet Pg. 3447
P.3.ai
I Objective 101.19
2 Monroe County shall address local community needs while balancing the needs of all Monroe
3 County communities. These efforts shall focus on the human crafted environment and shall be
4 undertaken through the Livable CommuniKeys Planning Program.
5
6 Goal 103
7 Monroe County shall implement regulations and programs to address the special environmental N
8 protection and/or traffic circulation needs of those areas of Big Pine Key, and North Key 2
i�
9 Largo. [F.S. § 163.3177(6)(a)3.f.]
10
11 B. The amendment is consistent with the Principles for Guiding Development for the Florida
12 Keys Area, Section 380.0552(7), Florida Statutes.
13
14 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
15 with the principles for guiding development and any amendments to the principles, the
c,
16 principles shall be construed as a whole and no specific provision shall be construed or applied
17 in isolation from the other provisions.
18 E
19 (a) Strengthening local government capabilities for managing land use and development so that
20 local government is able to achieve these objectives without continuing the area of critical
21 state concern designation.
22 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
23 seagrass beds, wetlands, fish and wildlife, and their habitat.
24 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
25 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
26 beaches, wildlife, and their habitat.
27 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
28 economic development.
29 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida .2
30 Keys.
31 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
32 environment, and ensuring that development is compatible with the unique historic
33 character of the Florida Keys.
34 (g) Protecting the historical heritage of the Florida Keys.
35 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and 2
36 proposed major public investments, including: "-
37 c�a
38 1. The Florida Keys Aqueduct and water supply facilities; ca
39 2. Sewage collection, treatment, and disposal facilities;
40 3. Solid waste treatment, collection, and disposal facilities; 0
41 4. Key West Naval Air Station and other military facilities;
42 5. Transportation facilities;
43 6. Federal parks, wildlife refuges, and marine sanctuaries;
44 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
45 properties;
46 8. City electric service and the Florida Keys Electric Co-op; and
47 9. Other utilities, as appropriate.
48
BOCC SR 1.27.20 Page 5 of 7
File#2019-100
Packet Pg. 3448
P.3.ai
I (i) Protecting and improving water quality by providing for the construction, operation,
2 maintenance, and replacement of stormwater management facilities; central sewage
3 collection; treatment and disposal facilities; and the installation and proper operation and
4 maintenance of onsite sewage treatment and disposal systems.
5 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
6 operation of wastewater management facilities that meet the requirements of ss.
7 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by N
8 central wastewater treatment facilities through permit allocation systems. 2
i=
9 (k) Limiting the adverse impacts of public investments on the environmental resources of the
10 Florida Keys.
11 (1) Making available adequate affordable housing for all sectors of the population of the U)
12 Florida Keys.
13 (m)Providing adequate alternatives for the protection of public safety and welfare in the event
14 of a natural or manmade disaster and for a postdisaster reconstruction plan.
15 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
c,
16 maintaining the Florida Keys as a unique Florida resource.
17
18 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
19 with the Principles for Guiding Development as a whole and is not inconsistent with any
20 Principle.
21
22 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
23 (F.S.). Specifically, the amendment furthers:
24 CO
25 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
26 and enhance present advantages; encourage the most appropriate use of land, water, and
27 resources, consistent with the public interest; overcome present handicaps; and deal
28 effectively with future problems that may result from the use and development of land
29 within their jurisdictions. Through the process of comprehensive planning, it is intended .2
30 that units of local government can preserve, promote, protect, and improve the public
31 health, safety, comfort, good order, appearance, convenience, law enforcement and fire
32 prevention, and general welfare; facilitate the adequate and efficient provision of
33 transportation, water, sewerage, schools, parks, recreational facilities, housing, and other
34 requirements and services; and conserve, develop, utilize, and protect natural resources
35 within their jurisdictions.
36 U-
37 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the U
38 legal status set out in this act and that no public or private development shall be permitted CO
39 except in conformity with comprehensive plans, or elements or portions thereof, prepared
40 and adopted in conformity with this act. 0
41
42 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, 4--
43 and strategies for the orderly and balanced future economic, social, physical,
44 environmental, and fiscal development of the area that reflects community commitments to
45 implement the plan and its elements. These principles and strategies shall guide future a)
46 decisions in a consistent manner and shall contain programs and activities to ensure
47 comprehensive plans are implemented. The sections of the comprehensive plan containing
48 the principles and strategies, generally provided as goals, objectives, and policies, shall
BOCC SR 1.27.20 Page 6 of 7
File#2019-100
Packet Pg. 3449
P.3.ai
I describe how the local government's programs, activities, and land development regulations
2 will be initiated, modified, or continued to implement the comprehensive plan in a
3 consistent manner. It is not the intent of this part to require the inclusion of implementing
4 regulations in the comprehensive plan but rather to require identification of those programs,
5 activities, and land development regulations that will be part of the strategy for
6 implementing the comprehensive plan and the principles that describe how the programs,
7 activities, and land development regulations will be carried out. The plan shall establish
8 meaningful and predictable standards for the use and development of land and provide
i�
9 meaningful guidelines for the content of more detailed land development and use
10 regulations.
11 U)
12 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development
13 regulatory authority. — It is the intent of this act that adopted comprehensive plans or
14 elements thereof shall be implemented, in part, by the adoption and enforcement of 0
15 appropriate local regulations on the development of lands and waters within an area. It is
c,
16 the intent of this act that the adoption and enforcement by a governing body of regulations
17 for the development of land or the adoption and enforcement by a governing body of a land
18 development code for an area shall be based on, be related to, and be a means of E
19 implementation for an adopted comprehensive plan as required by this act.
20
21
22 VII. PROCESS
23
24 Land Development Code Amendments may be proposed by the Board of County Commissioners
25 the Planning Commission, the Director of Planning, private application, or the owner or other
26 person having a contractual interest in property to be affected by a proposed amendment. The
W
27 Director of Planning shall review and process applications as they are received and pass them onto r,
28 the Development Review Committee and the Planning Commission.
29
30 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
31 review the application, the reports and recommendations of the Department of Planning &
32 Environmental Resources and the Development Review Committee and the testimony given at the
33 public hearing. The Planning Commission shall submit its recommendations and findings to the
34 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
35 adoption of the proposed amendment, and considers the staff report, staff recommendation,
36 PlanningCommission recommendation and the testimony given at the public hearing. The BOCC U-
Y g P g� ca
37 may adopt the proposed amendment based on one or more of the factors established in LDC
38 Section 102-158(d)(7). ca
39
40
41 VIII. STAFF RECOMMENDATION
42
43 Staff recommends approval of the proposed amendment. U)
44
45 IX. EXHIBITS E
46
47 Exhibit 1: Proposed Amendments to LDC Chapter 142 — Signs
BOCC SR 1.27.20 Page 7 of 7
File#2019-100
Packet Pg. 3450
P.3.b
Exhibit 1
Chapter 142 SIGNS
Sec. 142-1. Purpose and Intent.
The purposes a*d intent of this chapter are to promote the public health, safety and general
welfare through reasonable, consistent, content neutral and non-discriminatory sign standards.
The sign standards of this chapter are intended to meet the statutory requirement of Section U-
163.3202(f), Florida Statutes, for county land development regulations that regulate signage.
They are also intended to implement the Monroe County Year 2030 Comprehensive Plan,
especially Objective 101.15 ("Monroe County shall enforce and maintain the existing sign U)
regulations in order to maintain and improve the visual character of the County and protect
adjacent land uses") and Objective 301.6 ("Monroe County shall provide a transportation system
that facilitates scenic corridor enhancement and beautification within the Florida Keys"). The
sign regulations are especially intended to address the secondary effects of signage that may
adversely impact aesthetics and safety. They are not intended to censor speech or to regulate -�
viewpoints, but to serve substantial governmental interests and, in some cases, compelling
governmental interests such as traffic safety and warning signs of threats to bodily injury or
death. X
Monroe County is a vital,primarily resort community, uniquely situated at the southernmost area
of Florida in an historic and environmentally sensitive area. It is a designated Florida Area of
- ca
Critical State Concern, and its major transportation corridor is U.S. Route 1, also designated the
Florida Keys Scenic Highway and a Federal Scenic Highway Corridor. The economic base of
the county is heavily dependent on visitors from all over the nation and the world. In order to
preserve and promote the county as a desirable place to live, work and play, a pleasing, visually a
attractive and safe environment is very important. The regulation of signs contributes
significantly to achieving these ends.
It is further the purpose and intent of the sign regulations Ito:
v)
(1) Facilitate the implementation of goals, objectives and policies set forth in the
comprehensive plan relating to sign control, community character and scenic resources v)
and protection of areas from incompatible uses;
(2) Promote and maintain convenience, safety, property values and aesthetics by establishing
a set of standards for the erection,placement, use and maintenance of signs that will grant
equal protection and fairness to all property owners in the county;
(3) Provide a simple set of regulations that will minimize intricacies and facilitate efficiency _
of permitting functions and thus assist the regulated public; :2
X
(4) Encourage signs that help to visually organize the activities of the county, and lend order
and meaning to business identification and make it easier for the public to locate and W
identify their destinations;
1
Packet Pg. 3451
P.3.b
Exhibit 1
(5) Regulate the size, number and location of signs so that their purpose can be served
without unduly interfering with motorists and causing unsafe conditions;
(6) Promote the general welfare, including enhancement of property values and scenic
resources, so as to create a more attractive business climate and make the county a more
desirable place in which to visit, trade, work and live;
(7) Improve pedestrian and traffic safety by re_ gulating signs so as not to interfere with,
distract, or obstruct the vision of motorists, bicyclists or pedestrians,
U)
N
(8) Provide standards regarding the non-content based aspects of suns which are consistent
with state and federal law,
(9) Assure that the benefits derived from the expenditure of public funds for the improvement t�
and beautification of streets, sidewalks, public parks, public right-of-way, and other -�
public places and spaces, are protected by exercising reasonable controls over the
physical characteristics and structural design of signs,
X
(�10) Be fair in that everyone receives equal and adequate exposure to the public and no one
is allowed to visually dominate his neighbor;
(911) Authorize the use of signs in commercial and industrial areas that are:
CO
a. Compatible with their surroundings;
b. Appropriate to the type of activity to which they pertain;
c
c. An expression of the identity of the individual proprietors and the community as a
whole; and
d. Large enough to sufficiently convey a message about the owners or occupants of a
particular premises, the commodities, products or devices available on such premises, v)
or the business activities conducted on such premises, yet small enough to prevent
excessive, overpowering advertising which would have a detrimental effect on the
character and appearance of commercial and industrial areas, or which could unduly
distract the motoring public, causing unsafe motoring conditions;
c,
(912) T-e4Limit the number, type and size of signs in noncommercial areas to protect the
character and appearance of noncommercial areas.
Sec. 142-2. Definitions. x
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
2
Packet Pg. 3452
P.3.b
Exhibit 1
Area ofa sign. Refer to Section 142-5(1).
Banner means any suspended sign made of any flexible material such as, but not limited to,
cloth,plastic or paper whether or not imprinted with words or characters.
Billboard means any sign that is required to be registered with the Florida Department of
Transportation (FDOT)pursuant to F.S. Chapter 479 and exceeds the size limitations set forth in U_
Section 142-4 of this chapter.
cv
Changeable copv sign means a sign with the capability of content change ge by means of manual or -�
remote input, including the following types:
e(
Manually activated. Changeable sign whose message copy can be changed manually on a X
display surface.
Electronic message center means an electronically activated changeable copy sign whose
variable message capability can be electronically programmed.
Digital_ signs _(see below).
Clear sight triangle means a triangular-shaped area at any driveway connection to a public street
and at all street intersections, as required in Section 114-201, in which nothing is allowed to be
erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight of
motorists entering or leaving the driveway or street intersection. Also referred to as clear vision
triangle.
z
Copy means the text or graphic representations of a sign that depict the name of an
establishment,products, services or other messages, whether in permanent or removable form.
Digital sign means any digital_ display using technologies such as LCD, LED, projection and e-
paper to display digital images.
Erect means, in the context of this chapter, to build, construct, attach, hang, place, suspend, affix
or paint a sign.
Facade means the face of a building or structure is most nearly parallel with the right-of-way x
line under consideration, including related architectural elements such as awnings, parapets and
mansard roofs but excluding signs attached to a building that are not otherwise incorporated into
E
such architectural elements.
3
Packet Pg. 3453
P.3.b
Exhibit 1
Face of sign means the planes of a sign on which copy could be placed, including trim and
background.
Flag means a piece of light weight, flexible material such as cloth or plastic with one side
attached to a pole and the other end flying freely.
N
Frontage, business means the horizontal linear distance measured along the facade of an
individual business. Also referred to as "business frontage."
Frontage, property means the distance measured along a public or private right-of-way or N
easement including canals, shorelines and runways that affords vehicular access to the property
between the points of intersection of the side lot lines with such right-of-way or easement. Where
a street or highway is divided as occurs on Key Largo, a parcel of land in the median of the street
or highway shall be considered to have a frontage on each side. All parcels that abut U.S. 1 or
County Road 905 shall be considered to have a frontage on such roads regardless of whether a -�
curb cut exists. Also referred to as "property frontage."
e(
Government sign means any temporary or permanent sign erected by or on the order of a public X
official or quasi-public entity at the federal, state or local government level in the performance of
any duty.
Ground-mounted sign means any sign that is mounted on or supported by an upright or brace in
or upon the ground, such upright or brace being directly attached in or upon the ground and
independent of any other structure. Signs affixed to fences shall be considered ground-mounted
signs. W
Illuminated sign means any sign that is illuminated by artificial light, either from an interior or
exterior source, including outline, reflective or phosphorescent light, whether or not the source of
light is directly affixed as part of the sign and includes, but is not limited to, digital_ signs.
v)
Interior property information sign means signs located entirely on the property to which the sign
pertains, are not readily visible from public rights-of-way, and v)
infef 4iefl to people which direct persons to prohibited or permitted activities, or conditions on �
the property. "peel elesed," " " "
pay
wee-a* ee" n "no
Licensed sign contractor means any person holding a valid certificate of competency in sign
erection issued by the county.
Off-premises commercial advertising means a nonaccessory billboard or sign which directs
attention to a business, commodity, service, or attraction that is sold, offered or exising w
elsewhere than upon the same lot where such sign is displayed.
Off-premises sign means ^ r leeate,a en pr-emises other-4ia These On :hie whieh she bt sires
a
nonaccessory billboard or sign that displays offsite commercial advertising. When in the right-
4
Packet Pg. 3454
P.3.b
Exhibit 1
of-way of or visible from U.S. 1, off-premises signs are required to be registered with the Florida
Department of Transportation (FDOT)pursuant to F.S. Chapter 479.
Pennant means a series of small flag-like pieces of cloth or similar type of material attached and
strung between two or more points.
cv
W
Permanent sign means a sign which is intended to be and is so constructed as to be of lasting and
enduring condition, remaining unchanged in character, condition (beyond normal wear and teary
and position and in a permanent manner affixed to the ground, wall or building.
U)
N
Plane means any surface such as a rectangle, square, triangle, circle or sphere that is capable of
carrying items of information; any area enclosed by an imaginary line describing a rectangle,
square, triangle or circle which includes freestanding letters, numbers or symbols.
Portable sign means any sign or sign structure that is not permanently attached to the ground or -�
to any other permanent structure or which is specifically designed to be transported. This
definition shall include, but not be limited to, trailer signs, A-frame signs, and sandwich board
signs X
Posted property sign means a sign for the purpose of warnings or prohibitions related to the
property on which it is posted.
VV E2Spa-Srrii" ' be war e of 'dog n n„ ,�, n or- ezh it . State statutes may �
P'��>
establish requirements for these signs.
Premises means any parcel of land owned, leased or controlled by the person actively engaged in
business and so connected with the business as to form a contiguous component or integral part
of it; or owned, leased or controlled by a person for living accommodations. r_
.2
da*ee, at4 show, e show, or-similar type f event.
v)
�e t See 24entage, pr-epert
-W-01 -f-S404- I-s a Sign tised solely for- �he ptwpese of offering f;gr- sale, lease, or- r-ent �he
Vvepen for- " "model "
Stieh signs are allowed only while a pr-epefty is for-
sale, lease ef fe*t.
Rotating sign (or revolving sign) means a sign that revolves or turns or has external sign
elements that revolve or turn. Such sign _may be power-driven or propelled by the force of wind be power-driven or propelled by the force of wind
or air. Rotating signs include Multi-prism or tri-vision signs with a series of triangular sections
that rotate and stop to show multiple images or messages in the same area at different times. a)
E
Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors
that is used to advertise, identify, display, direct or attract attention to an object, person,
5
Packet Pg. 3455
P.3.b
Exhibit 1
institution, organization, business, product service event or location and by any means, including
words, letters, figures, designs, symbols, fixtures, colors or projected images. Signs do not
include:
ol; otisor- 4i CV
n' �
(-2l) Merchandise that is not otherwise incorporated into a sign structure;
(7�2) Models or products incorporated in a window display; U)
�r
(43) Works of art that do not contain advertising messages and in no way identify a product,
use or service; or
(�4) Scoreboards located on athletic fields. -�
Sign structure means any structure that supports, has supported or is capable of supporting a
sign, including decorative cover. X
Special event sign means a temporary sign erected by a nonprofit organization or organizations,
holding a valid county public assembly permit, with a purpose to advertise a special event.
Temporary sign means any sign not permanently installed on property which is intended to be CO
displayed for a limited period of time. A sign with an intended use for a period of time related to
an event shall be deemed a temporary sign.
Vehicle sign means a sign mounted or painted on any vehicle, trailer, floating device, barge, raft,
or boat, whether licensed or unlicensed, for the primary purpose of advertising commercial
products or services, conveying commercial messages or directing people to a business or
commercial activity.
z
Wall-mounted sign means any sign mounted on or painted on and parallel to the facade or wall of
a building.
Window sign means any sign mounted to or painted on, or visible through a window for display
to the public.
c,
Sec. 142-3. Gener-n' Provisions. Applicability.
(a) Generally. -2
x
This ehapter- shall apply te any per-se* whe er-eets, ee*stf+tets, e*lffr-ges, me-',es, ehanges
the eopy of-, modifies, or- eonvefts afiy signs, or- eatises �he safne to be done. if a t-ype-ef
sign is not speeifieally allowed tinder-t4is ehapter-, it shall be ee*sider-ed te be pr-ehibi
e(
6
Packet Pg. 3456
P.3.b
Exhibit 1
This chapter shall apply to the erection, construction or alteration of any sign, unless
exempted as provided herein. The procedure for variances is set forth in Section 142-65.
The procedure for amendments to the text of this chapter is set forth in Chapter 102,
Article V.
(2) Type of Activities not affected.
— a�
The following activities shall not be subject to +I+e regulation under this chapter.
However, such activities shall nevertheless comply with the county building code and
other applicable regulations of the county, state and federal governments. v)
Stieh signs shall net r-e"ee +he ati4ier-ized size or-ntiniber- of signs O+hefwise allowed
r
�h-
neeessar-yeeniply ;
4.11IChanging of the ad niessage of a lawfully existing e ge ble
sign, whether manual or automatic, unless the change_ of copy changes the function of X
or purpose of the sign which as a result requires adherence to a different time, manner
or location regulation as provided herein, or changes the style We, size or color not
in compliance with this chapter;
c,
d-.Q Works of art that do not contain advertising messages, and which in no way identify
a product, use, or service;
e�D Maintenance of lawfully existing signs and sign structures that does not involve
, structural enlargement, reconstruction, r or )
additions . Replacement of the damaged or deteriorated
t�
plastic face of a sign shall be considered maintenance
eha*ged. The necessity to obtain a building permit for sdeh-maintenance work shall
be governed by Chapter 6;
allowable ptir-stiant to st�'- &-d�vni law. E*afnples of eeni ��St signs shalt
Vi s-i-ting the Pe-id Keys," . signs identify r-eeegnized eeninitinities Ew r
mtniieipalities; and
(4) Any sign not visible from a public street, sidewalk or right of way or from a
navigable waterway or body of water, except that the fore _going does not exempt a
sign for a commercial use that is visible from an abutting residential use.
7
Packet Pg. 3457
P.3.b
Exhibit 1
Sec. 142-4.(b)Prohibited signs.
The following types of signs shall not be erected or operated on any property in the county
limits
m
(1) Off-premises signs; excluding off-premise signs identifying lawfully-established off-
premises businesses as permitted in Section 142-48;, visible from a designated scenic
highway, unless and until the applicant provides documentation from the Florida v)
N
Department of Transportation (FDOT) that the sign is permitted by or that a permit is not
necessary from the FDOT,
(2) Those erected in a clear sight triangle; or at any location where, by reason of the position, t�
shape or color, they may interfere with or obstruct the view of any authorized traffic sign, -�
signal or device;
�t
(3) ^ Discontinued signs that no longer correctly direct or exhort any person; or X
advertise a bona fide business, lessor, owner, product or activity conducted or available
on the premises indicated on such sign;
(4) AnimatedRotating signs, excluding electronic message centers and automatic changing
suns Ca
whatseever-, or- whieh eentains or- tises for- illtistFatien a*y light, lights or- lighting devi
appear-aaee—of stteh sign. - whose operations of eleetfenie fnessage eenters--a*d r
au+ema+ie eh „gi*g sigwi shall be governed by Section 142-5� ;
c
(5) Signs that emit smoke, vapor,particles, odor or sounds;
v)
(6) Signs using a video, digital means, or Mmotion picture source used in such a manner as
to permit or allow the images or audio to be visible or audible from any public street, v)
sidewalk or navigable waterway, including but not limited to vehicles displayer
electronic signs;
(7) Vehicle signs park
or- be4, whet4er- lieensed or- tinlieen&ed on any public property, including public rights-
of-way, navigable waterways and beaches, or on private property so as to be clearly
visible from any public right-of-way, ,:hie has ^ aehe' t4er-ete or- lee e the ^r
r di-eetin g people to ^ btisiness s ^ etiv y. This restriction is not x
w
intended to prohibit incidental signage on a functional, licensed vehicle which is
displayed in a manner to primarily identify the vehicle with the business it serves. Such a)
vehicles shall only park in a lawful parking space. Vehicle signs may not be an
attachment that extends or protrudes from the vehicle. However, commercial vehicles
that provide delivery services, including taxies, shall be allowed an tempefat=y attached
8
Packet Pg. 3458
P.3.b
Exhibit 1
non-illuminated roof sign that identifies the delivery business. Such sign shall only be
allowed on the vehicle while doing business and shall be no larger than 24 inches long,
12 inches tall and ten inches wide, including the base;
(8) Portable signs, except for pelitieal eampai temporarX signs as permitted in Section 142-
3kd)7 and A-frames signs as permitted in Section 142-4(1+)8;
(9) Any sign that is affixed to any wall or structure and extends more than 24 inches
perpendicularly from the plane of the building wall;
U)
cv
(10) Any sign attached to a building and projecting above the facade of a building, or any
sign mounted on top of a flat roof or on top of any horizontal awning;
(11) Signs that cause radio or television or other communication, electrical, magnetic t�
interference; -�
(12) Signs erected, constructed or maintained that obstruct any firefighting equipment,
window, door or opening used as a means of ingress or egress or for firefighting X
purposes;
13 Signs, except posted property signs, that are erected or maintained upon trees or painted
t�
or drawn upon rocks or other natural features or tacked, nailed or attached in any way to
utility poles; CO
(14) Signs on public property or road rights-of-way including, but not limited to, signs placed
on any curb, sidewalk, post, pole, hydrant, bridge, tree or other surface located on public
property or over or across any public or private street except as may otherwise expressly
be authorized by this chapter;
(15) Unshielded illuminated devices that produce glare or are a hazard or a nuisance to
motorists or occupants of adjacent properties, or signs containing mirrors; z
0
(16) Pennants, flutter signs, wind activated banners, streamers, balloons, cold air inflatables
or other fixed aerial siege used for commercial advertising
(17) Flashing suns,
(18) Floodlights or beacon lights, except when required by the Federal Aviation
Administration,
(19) Signs attached to a seaway, dock, buoy, tie pole or pier, or in or upon any body of water x
other than warning signs, safety signs, or government regulatory signs,
a�
(20) Signs that are an imitation of traffic control device signs and which are adjacent to the
right of way of any road, street or highway, and
e(
9
Packet Pg. 3459
P.3.b
Exhibit 1
(O} 21)Dangerous signs.
No person shall allow any sign that is in a dangerous or defective condition to be maintained
on any premises owned or controlled by such person. Any such sign shall be removed or
repaired by the owner of the sign or the owner of the premises, or as otherwise provided for
in this chapter.
Sec. 142-5.(d*Sign Permits.
U Generally.
cv
Except for temporary signs and signs specifically provided by this chapter, it shall be
unlawful for any person or business to construct, alter or maintain a sign structure, as
defined in the building code, without first obtaining a building permit from the county in
accordance with the provisions of the building code and aplicable law. Permit fees for a -�
building permit shall be paid in accordance with applicable county fee schedules.
�t
(bb) Sign permit decision and meal. X
(1) A building permit for a sign shall be either aproved, aproved with any condition
specifically described and set forth in the county code of ordinances, or disapproved,
and the decision shall be reduced to writing within 30 calendar days following a
complete application and payment of applicable fees. Any governmental declaration
of emergency due to natural or manmade hazard events affecting the county shall
extend the time frame for a decision until the County Commission by resolution
establishes an alternative emergency time frame. Whenever required by state statute,
the explanation for a denial of a sign permit shall include a citation to the applicable C
portions of an ordinance, rule, statute, or other legal authority for the denial of the
permit: in the event that the applicant fails to receive a statutorily required
explanation, the aplicant shall submit a written request for the explanation to the v)
Building Official via certified mail_ z
(2) A decision of aproval with conditions or a denial shall be a final decision of the U)
county if the applicant chooses not to seek reconsideration, by writing, within ten (10)
calendar days of the denial. The aplicant may seek no more than one
reconsideration. A decision of reconsideration shall be rendered within twenty (20)
calendar days of receipt of the written aplication for reconsideration.
(3) A written appeal of the final sign permit decision or reconsideration shall be taken to
the Planning Commission within thirty (30) calendar days from the rendering of the
buildings permit decision or reconsideration.
(cc) Administrative sign area variance. The Planning Director is authorized to grant x
administrative variances to the maximum area per face requirements set forth in Section
142-8 for ground-mounted suns that accommodate more than a single user (i.e. tenant,
business, organization).
10
Packet Pg. 3460
P.3.b
Exhibit 1
(1) Application. An application shall be submitted to the Planning and Environmental
Resources Department on a form approved by the Department.
(2) Standards. The Planning Director shall grant an administrative variance to the
maximum area per face requirements for ground-mounted signs that accommodate more
than a single user only if the applicant demonstrates that all of the following standards are
met:
a. The granting of the administrative variance shall not be materially detrimental to
other property owners in the immediate vicinity; vn
N
r
b. The administrative variance shall be the minimum necessary to provide relief to the
applicant;
c. Each user shall be permitted only a single identification sign per each face/side of -�
the ground-mounted sign,
d. The area of each user's identification sign shall not exceed 100 square feet per each X
face/side of the ground-mounted sign,
e. The total maximum area per face for the ground-mounted sign shall not exceed 400
square feet in area unless a variance is granted by the Planning Commission in
accordance with Section 142-5(e),
f. The total face area for the ground-mounted sign shall not exceed 800 square feet on
double-sided signs unless a variance is granted by the Planning Commission in
accordance with Section 142-5(e),
g. Such a ground-mounted sign shall not be constructed within 40 linear feet of
another ground-mounted sign, and v)
z
h. The sign shall be designed in accordance with the size of lettering guidelines set
forth in Section 142-12.
(3)Procedures.
The Planning Director shall determine within fifteen (15) calendar days if an
application is complete. The Planning Director shall make a preliminary
determination of whether an application complies with the standards of Section 142- _
5(d)(2) within sixty (60) days of the Planning and Environmental Resources -2
Department's receipt of a complete application and payment of applicable fees. If the x
Planning Director determines preliminarily that the application complies with the
standards, the Planning and Environmental Resources Department shall provide
public notification in accordance with 142-5(d)(4). If the Planning Director
determines that the application does not comply with the standards, the Planning
�t
11
Packet Pg. 3461
P.3.b
Exhibit 1
Director shall issue a written decision of denial to the applicant with an explanation of
reasons for the denial.
(4) Surrounding property owner notification of application.
Only after preliminarily determining that an application for a variance complies with
the standards, the Planning Director shall provide written notice by regular mail to U-
owners of real property located within 600 feet of the property that is the subject of
the aplication. The notice shall provide a brief description of the proposed
administrative variance and indicate where the application may be examined. The v)
N
cost of providing notice shall be borne by the aplicant.
(5)Decision by the Planning Director.
After thirty (30) calendar days of the date in which the written notification was sent -�
per Section 142-5(d)(4), the Planning Director shall review all public responses to the
application. Upon a finding that the aplication has or has not complied with the
requirements and standards of this section, the Planning Director shall issue a written X
administrative variance decision.
t�
(6)Public hearing by the Planning Commission.
t�
If requested in writing by the applicant, or an adversely affected owner or resident of
real property located in the county during the required thirty (30)-day notification
period, a public hearing by the Planning Commission shall be scheduled on the
application. All costs of the public hearing shall be the responsibility of the aplicant
for the administrative variance. The public hearing shall be conducted and noticed in
accordance with Section 110-5.
(e) Variances granted by the Planning Commission. The Planning Commission is authorized
to grant variances to this chapter. z
0
(1) Application. An application shall be submitted to the Planning and Environmental
Resources Department on a form approved by the Department.
(2) Standards. The Planning Commission shall grant a variance only if the applicant
demonstrates that all of the following standards are met:
a. The literal interpretation and strict application of the provision and requirements of
this chapter would cause undue and unnecessary hardship to the sign owner because -2
of unique or unusual conditions pertaining to the specific building or parcel or x
property in question,
b. The granting of the requested variance would not be materially detrimental to the
property owners in the immediate vicinity;
�t
12
Packet Pg. 3462
P.3.b
Exhibit 1
c. The unusual conditions applying to the specific property do not apply generally to
other properties in the unincorporated county;
d. The granting of the variance will not be contrary to the general objective of this
chapter of moderating the size, number and obtrusive placement of signs and the
reduction of clutter,
e. The variance is not requested solely on the basis of economic hardship of the sign
user,
N
f. The variance shall be the minimum necessary to provide relief to the applicant; and
g. The variance shall not permit a sign expressly_prohibited by this Chapter.
t�
(3)Procedures.
The Planning Director shall determine within fifteen (15) calendar days if an
application is complete. Within sixty (60) calendar days of the Planning and X
Environmental Resources Department's receipt of a complete application and
payment of applicable fees, the Planning Department shall schedule the application
for review and decision by the Planning Commission. The Planning Director shall
review the entire application and all public responses thereto and prepare a staff
report with recommendations for the Planning Commission. The application shall be
heard at a regularly scheduled meeting of the Planning Commission. Notice, posting
and hearing requirements shall be in accordance with Section 110-5.
(4)Decision by the Planning Commission.
.2
Within thirty (30) calendar days of the date of the public hearing, upon a finding that
the application has or has not complied with the requirements and standards of this v)
section, the Planning Commission shall issue a written variance decision. If the z
0
variance is denied, the written decision shall provide reasons for the denial.
N
Sec. 142-6. General provisions for sins.
The requirements of this section shall apply to all suns whether or not a permit is required,
unless otherwise noted below: c,
(a) Measurements.
(1) Measurement of sign area. x
a. The sign area shall be measured from the outside edges of the sign or sign frame,
whichever is greater, excluding the area of the suporting structures, provided that E
the supporting structures are not used for advertising purposes and are of an area
equal to or less than the permitted sign area. In the case of wall-mounted signs
13
Packet Pg. 3463
P.3.b
Exhibit 1
without border or frame, the surface area shall include such reasonable and
proportionate space as would be required if a border or frame were used.
b. When a single sign structure is used to support two or more signs, or
unconnected elements of a single sign, the surface area shall comprise the square
footage within the perimeter of a re _gular geometric form enclosing the outer edgeseometric form enclosing the outer edges
of all the separate signs or sign elements. However, undecorated space of up to 12
inches between separate sign panels may be excluded from the sign area
measurement where necessary to provide structural support members or to provide
visual separation between sign panels.
c. Where signs are installed back-to-back, both faces shall be counted as sign area.
(2) Measurement of sign height. The height of a sign shall be considered to be the
vertical distance measured from the top of the structure to the finished ground
elevation of the site at the base of the sign. In no event shall excess fill be used to .�
raise a sign.
_ cu
(b) Consent of property owner and responsibility. No sign gn requiring a permit may be
displayed without the consent of the party or parties with legal title to the property on
which the sign is mounted or displayed. The sign owner(s), the property owner(s) of the
property on which the sign is placed and the sign contractor shall each be held
responsible for adherence to this chapter and Chapter 6. In order for a sign _application to ®pplication to
be approved, the property owner must grant access to the property for inspection
purposes, for the life of the sign.
(c) County sign number. All signs for which a permit is required by this chapter shall not be
erected, displayed, rebuilt, repaired, the copy changed, painted or otherwise maintained
until and unless the county sign number is painted or otherwise affixed to the sign
or sign structure in such a manner as to be plainly visible from grade.
(d) Location restrictions.
0
(1) Clear sight triangle. No sign shall be erected that would impair visibility at a
street intersection or driveway entrance pursuant to section 114-201.
(2) Clearance from high-voltage power lines. Suns shall be located in such a way
that they maintain a clearance of ten feet to all overhead electrical conductors and
t�
a three-foot clearance on all secondary voltage service drops.
(3) Setbacks from property lines. The minimum setback for suns shall be five feet, :2
setbacks shall be measured from the property line to the farthest extension of the w
sign, including any overhangsy wires and supports.
(4) Scenic corridor bufferyard. Where a scenic corridor bufferyard is required
pursuant to section 114-125, ground-mounted signs shall only be erected in the
immediate vicinity of a driveway. C
14
Packet Pg. 3464
P.3.b
Exhibit 1
(5) Fences. The authorized ground-mounted sign not requiring a permit may be
placed on a fence regardless of setbacks provided the sign does not extend above
the fence or project more than four inches outward from the fence.
(e) Structure design, _engineering and construction.
N
(1) Compliance with Florida Building Code. All suns shall comply with the —
appropriate detailed provisions of the Florida Building Code relating to design,
structural members and connections.
U)
N
(2) Licensed contractor. Suns shall only be erected by entities authorized by chapter
6. u
(3) Structure design. All signs that contain more than 40 square feet in area or are t�
erected over 20 feet in height shall be designed by an engineer registered in the -�
state. Structural drawings shall be prepared by the engineer and submitted prior to
a permit being issued. Wind load calculations shall be contained in the
engineering drawings. The building official may set wind load requirements X
greater than the Florida Building Code if deemed necessary to protect the health,
safety and welfare of the public or property owners surrounding the he sign. The
building official may request wind load calculations for signs of less than 40
square feet in area prior to issuing a permit.
(4) Supports and braces. Supports and braces shall be adequate for wind loading. j
Wire or cable suports shall have a safety factor of four times the required
strength. All metal, wire cable suports and braces and all bolts used to attach
signs to a bracket or brackets and signs to the suporting building or structure
shall be of galvanized steel or of an equivalent corrosive-resistant material. All
such sign suports shall be an integral part of the signsuorts shall be an integral part of the sign.
v)
(5) Sign anchoring. No sign shall be suspended by chains or other devices that will
allow the sign to swing due to wind action. Signs shall be anchored to prevent any v)
lateral movement that would cause wear on suporting members or connections.
(6) Double-faced suns. Double-faced suns with opposing faces may not have an
interior angle greater than 45.
(f) Electric signs, digital signs and illuminated signs.
(1) All electric signs shall require a permit and shall be Underwriter's Laboratory -2
approved or certified by a sign electrician specialty contractor or licensed master w
sign contractor, or an electrical contractor, that the sign meets the standards
established by the National Electrical Code, current edition. All electric signs w
shall be erected and installed by an entity authorized to do so by chapter 6, and
shall be in conformance with the National Electrical Code, current edition. The
�t
15
Packet Pg. 3465
P.3.b
Exhibit 1
provision of electrical power to a power source or connection of a sign to existing
electrical service shall be by an entity authorized by chapter 6.
(2) Artificial light used to illuminate any sign from outside the boundaries of such
sign shall be screened in a manner that prevents the light source from being
visible from any right-of-way or adjacent property,
(3) Electronic message centers and digital_ signs shall comply with the following:
a. Electronic message centers and digital signs shall contain static, motionless U)
messages only,
b. Displaying any form of motion, or the optical illusion of movement, video or
varying light intensity is prohibited,
c. Each message on a digital sign must be individually complete and shall not u
continue on a subsequently displayed message,
X
d. Audio mechanisms, producing sounds, messages or music are prohibited.
e. Brightness. Digital_ signs shall not operate at brightness levels of more than 0.3
foot candles above ambient light, as measured using a foot candle meter at a
pre-set distance. This requirement is based on levels established by the
Illuminating Engineering Society of North America (IESNA) for Light
Emitting Diode (LED) signage as amended from time to time.
f. Each digital sign must have a light sensing device that will adjust the display
brightness in real-time as ambient light conditions change so that at no time a 9
sign shall exceed a brightness level of three tenths (0.3) foot candles above
ambient lid v)
z
g. Photometric plan. Each building permit application for a digital sign shall be
accompanied by a photometric plan. The photometric plan shall demonstrate
the digital sign's maximum light intensity, in foot candles above ambient light,
shall not impact neighboring properties, maximum illumination measured in
footcandles at the property line shall not exceed 0.3 footcandles.
h. Malfunction. Digital signage shall have a default mechanism installed to either
turn the display off or only show black on the display in the event of a
malfunction.
X
(g) Maintenance. All suns for which a permit is required by this chapter, including their
braces, suports ys and anchors, shall be maintained so as to present a neat, clean w
appearance. Painted areas and sign surfaces shall be kept in good condition, and
illumination, if provided, shall be maintained in safe and good working order.
rder.
�t
16
Packet Pg. 3466
P.3.b
Exhibit 1
(h) Discontinued signs. Beginning July 1, 2020, discontinued signs shall be regulated as
follows:
(1) Sign structures that remain vacant, unoccupied or devoid of any message, or display
a message pertaining to a time, event or purpose that no longer _applies shall be deemed topplies shall be deemed to
be discontinued.
(2) A nonconforming sign deemed discontinued shall immediately terminate the right to
maintain such sign.
Fn
cv
(3) Within sixty (60) days after a sign structure has been discontinued, it shall be the
responsibility of the property owner to remove the discontinued sign and conceal any and
all damage to any other structure resulting from removal of the sign.
(4) Removal of a discontinued sign shall include all sign support components, angle -�
irons, poles and other remnants of the discontinued sign that are not currently in use or
proposed for immediate reuse as evidenced by a sign permit application.
X
(i) Sign programs for special identification siM
ca
(1) Community business directory signs. The county may work with FDOT District band
t�
local communities to develop a sign program that promotes businesses within
specific communities in the Florida Keys through the use of centrally located
multiple user business identification signs on U.S. 1.
(2) Community identification signs. The county may work with FDOT District 6 to
develop a sign program that identifies specific communities in the Florida Keys. The
county shall coordinate with local communities to incorporate a theme which
promotes the unique character of the local community.
v)
(3) Off-premises special feature identification suns. The county may work with FDOT
District 6 to develop a sign program that identifies special features, tourist sites and v)
business districts. The county shall coordinate with local communities to select
appropriate landmarks to be identified.
(il Substitution of noncommercial speech for commercial speech. Any sign erected pursuant
to the provisions of this code may, at the option of the applicant, contain either a
noncommercial message unrelated to the business located on the premises where the sign
is erected or a commercial message related to the business and located on the business
premises pursuant to the following regulations: -2
X
(1) The noncommercial message may occupy the entire sign face or portion thereof
(2) The sign face may be changed from commercial to noncommercial messages as
frequently as desired by the owner of the sign, provided:
17
Packet Pg. 3467
P.3.b
Exhibit 1
a. The size and design criteria conform to the applicable portions of this code,
b. The sign is allowed by this code,
c. The sign conforms to the requirements of the aplicable zoning designation, and
N
d. The apropriate permits are obtained.
(3) For the purpose of this sign code, noncommercial messages shall never be deemed
off-premises sib N
(k) Viewpoint neutrality. Notwithstanding anything contained in the chapter to the contrary,
no sing or sign structure shall be subject to any limitation based upon the viewpoint of
the message contained on such sign or displayed on such sign structure.
Sec. 142-7. Temporary sins. u
e(
The following shall n-., Pefmit btA still o „bjeet to Seetien 142 5: X
(1)Ba**efs.
s"ar-e feet in area shall be r-e"ir-ed to obtain a pe tte Seetion 142 4;
Z
r fe-eement pr-evided the total f stie . signs does not e*eeed f,,,,,-s e 400t•
N
n n n n n ,•tom .a shoo .a n "no li " ,,.a n„ lo4 n
�pei3 v� � � nvcTre�iH�ec�riC-t�'"' � 'cefi� U
signs
J
does not o ee s e foot• r
U
18
Packet Pg. 3468
P.3.b
Exhibit 1
Signs er-eeted 4 a building site t4at identify the name of the -..Her-, ar-ehiteet-,
until a building pefmit is issued an e.—,e ithin 30 days of the issuaFiee of the
cv
m
U-
peF faee peFtfadesf" of""'^"� ut
cv
foot ; f ,,.a eight foot;„ height;
0 0 aee . , r
(6)DiFeet;.nal s
tJ
. ,.lo n ; n "one n n mot, n n a a
ptepeFt" � entfa*e�n neX-rt� -vday�ed2 walk," ha*dieap pe4
" X
('7)
Eaeh business fFontage shall be allowed to display two flag any graphic--,
squar-e feet in size. There shall be no number- or-size lifnit on t4e display of the flag of an),
tJ
tJ
J
(8) Gar-age sale s
Signs for- gar-age sales, pr-ovided they are er-eeted not fner-e than 24 hours prior-to the sale
four-s e foot p0 faee•( )Holiday.,1; to t; ,,s N
t7
r
mefe t4a* 60 ee*seetAi-v,e days Fief mefe than 60 days in any one yeaf. Sueh signs mayjae
of any type, number-, area, height, illumination OF animation, pr-ovided t4at t4ey do not
r
(IQ)Memefial signs of tablets-leeal OF religious holiday; pr-ovided that sueh signs shall be displayed for- a pe ied Aeff 4-4-A-;c
Signs iFieludiFig, but net limited te, names of buildings and date of efeetie* when eut iff
pfevided t4e tetal of suell signs does net e*eeed eight squafe feet-,
19
Packet Pg. 3469
P.3.b
Exhibit 1
(1 1)AT.,mepl.,tos
Signs beafi*g only pfepeft-y *ttmbefs, st+eet addfesses, mailbe* *timbers, esta+e names-,
(12)Poste pr-opel:tom,
of
Signs stieh as, btA not limited to, �he following, whieh indie4e �g," "beware
n nno n O
> i*di N
et
> > r
o p4lie right of .,� t8
tJ
(14)Window signs.
Window signs �ha+eelleetively eevef 35 t3efee*t of less of�he window glass stiffitee afea. ca
J
tJ
J
rtl
(1 G)New 1,,,s;,,o
0
CN
a. Thefe is only one gfeinid metnited of wall metnited sign;
eeding 120 days fFofn �he date of applieation for-a pefma*ent Aded that: z
e. The sign, if gfetnid metnited, does not e*eeed eight feet in
tJ
height; andU
J
r
(16)Pol;t;...,1 signs. X
politieal signs are signs on behalf of ea*didates for-p4lie offiee or- meastir-es on eleeti
ballets and shall be allowed as f;8llevv-s-.L
20
Packet Pg. 3470
P.3.b
Exhibit 1
a. Pelitieal signs may be er-eeted no earlier-tha* 70 days prior-to stieh eleetion a*d shall be
.eet �hese eenditions shall eenstitt+te �he basis for- sign r-emoval by �he
cv
,
1S MN N nc P � cD c Ury AND Troia r ) politieal signs sb.a
��> SS, SR, r�r�Trroia �
*et e*eeed 16 sqttafe feet pef faee ef eight feet i* height a*d shall *et be iIIttffliffft+ed;
cv
RNI, SC, a*d UG) politieal signs shall not e*eeed 32 s"ar-e feet per- faee in area or- eight feet
(1 4)Real estate s
CJ
Realesta4e-signs per- Seetion 142 n-�-T C,
�eal�te btA he-��Ee'- h�' �exe�'� feeSubject to any alicable 0
provisions within Section 142-6 (general provisions for signs), temporary signs that meet the
criteria and limitations set forth below shall be allowed, and shall not require a sign permit unless
specifically required below. v)
(a) A temporary government sign shall not require a sign permit and shall be allowed in
all zoning districts on public property and public rights-of-way.
(b) A temporary sign played on a window surface must be displayed on the inside of
the window surface, shall cover no more than 35 percent of the window surface, and shall
not be illuminated.
r�
(c) Temporary signs on residentially zoned property utilized for residential uses shall be
permitted subject to the following limitations:
X
LU
(1) No more than 3 temporary sign(s) not exceeding 6 square feet. (Note: If more
than one sign is allowed, the square footage should be cumulative) a)
E
(2) These temporary suns shall not be illuminated and shall contain only static
messages.
�t
21
Packet Pg. 3471
P.3.b
Exhibit 1
(3) Signs shall not exceed 3 feet in height.
(d) Temporary signs on non-residentially zoned property shall be permitted subject to the
following limitations:
(1) No more than 3 temporary sign(s) not exceeding g 12 square feet. (Note: 1
more than one sign is allowed, the square footage should be cumulative).
(2) These temporary suns shall not be illuminated and shall contain only static
messages. N
(3) Signs shall not exceed 6 feet in height.
(4) Suns may be utilized for no more than 4 times per year, for a total of no more t�
than 60 days per year. -�
(e) Temporary signs on residentially zoned property utilized for institutional uses shall be
permitted subject to the following limitations: X
(1) Suns shall be no larger than 6 square feet.
(2) Signs shall not exceed 3 feet in height.
CO
(3) Si _gns may be utilized for no more than 4 events per year, for no more than 7_may be utilized for no more than 4 events per year, for no more than 7_
days per event. W
(4) No more than 2 sign(s) shall be erected at any one time.
.2
Sec. 142-48. Permanent Sims.
v)
Generally the
following signs shall not require a permit but must comply with section 142-6 and additional v)
standards of this subsection, unless otherwise provided below:
.
(1) Bench suns. Bench suns shall be allowed, upon approval of the Board of County t�
Commissioners, at any designated bus stops subject to the following limitations:
a. Benches in residential areas shall not have signs, except a bench donor sign containing -2
the donoes logo or symbol, not exceeding two inches by 16 inches in size,
LU
b. Benches in commercial areas shall be allowed to have signs on the back rest not to
exceed a total of six square feet, and
c. Bench signs shall be limited to one per designated bus stop.
22
Packet Pg. 3472
P.3.b
Exhibit 1
(2)Business affiliation and law enforcement signs.
Si _ins displayed upon the premises denoting professional and trade associations withdis laved upon the premises denoting and trade associations with
which the occupant is affiliated, and including, but not limited to, forms of payment
accepted by the occupant, and other signs _pertaining _to public safety and law
_to public safety and law
enforcement,provided the total of such suns does not exceed four square feet; a
(3) Business information signs. _
Signsproviding information to customers related to the conduct of the business, provided U)
that such suns are posted on or near the entrance doors and the total of such suns does
not exceed six square feet,
(4) Commemorative plaques. t�
Suns of recognized historical nature,provided no plaque exceeds 16 square feet per face.
�t
(5) Directional suns. X
6 Flags.
a. Each business frontage shall be allowed to display two flags containing any 0
commercial graphic, symbol, logo or other advertising message, provided that no such
flag shall exceed 50 square feet in size. Each flagpole shall require a permit and shall not
exceed 15 feet in height and must be set back at least 5 feet from the right of way as
measured to the flag. Flag poles must comply with side and rear yard setbacks. In no
instance shall a flag extend beyond the property line.
.2
b. For each parcel and development site in residential use, two flagpoles may be installed
and no more than two flags _displayed on a flagpole. Each flagpole shall require a permit displayed on a flagpole. Each flagpole shall require a permit U)
and shall not exceed 15 feet in height and must be set back at least 5 feet from the right of z
- - c9
way as measured to the flag. Flagpoles must comply with side and rear yard setbacks. In
no instance shall a flag extend beyond the property line. For each principal structure on a
parcel in residential use, up to two flag brackets or stanchions may be attached or placed
for the display of flags, and each such flag shall not exceed twenty-four (24) square feet
in size.
c. Where a scenic corridor or major street bufferyard is required pursuant to section 114-
125(a) and (b), flagpoles shall only be erected in the immediate vicinity of a driveway.
(7) Hospitals or other emergency _facilities. In addition to other siege allowed under this facilities. In addition to other siege allowed under this X
uj
chapter, hospitals or other emergency medical facilities, excluding individual medical
offices, shall be allowed one additional illuminated ground-mounted or wall-mounted a
sign not exceeding 32 square feet per face to identify each emergency entrance.
(8) Interior property information suns as defined in Section 142-2.
23
Packet Pg. 3473
P.3.b
Exhibit 1
(9) Memorial signs or tablets.
Signs including, but not limited to, names of buildings and date of erection when cut into
any masonry surface or when constructed of bronze or other noncombustible materials,
Provided the total of such signs does not exceed eight square feet. Signs recognizing
persons or points of historic interest may be placed on any parcel, if aplicable to the
parcel, but shall not exceed four square feet. U-
(10)Nameplates.
U)
cv
Signs bearing only property numbers, street addresses, mailbox numbers, estate names,
the occupation of the occupant or names of occupants of the premises, provided the signs
do not exceed two square feet per sign face.
(11)Posted property suns. -�
Posted property signs provided they individually do not exceed 1.5 square feet in area per
sign and not exceeding four in number per lot, or of such number, spacing, and size as is X
required per state statutes. Such signs shall not be illuminated nor shall they project over
any public right-of-way.
(12) Window suns.
Window signs that collectively cover 35 percent or less of the window glass surface area.
Note: The abovementioned business information and business affiliation signs shall be
excluded from the computation of the window sing area.
c
N
.
CJ
3.
Ca
Limited t t pr-ofnetional signson rho r f�he o fA 0 0 0
4. Posted no earlier- tha* 15 days before the event a*d are r-emoved W4hiff fiVe day-5
x
a terse-eve*
to �he event a*d r-emoved no !a r-than 24 hotir-s after-�he eoneltisiffi -.' -".1 �v I.."
24
Packet Pg. 3474
P.3.b
Exhibit 1
pr-eyid^'1 tccr-c at per-mission of tl,^ epeFt-y owner- of=vdhieh the off pr-e �c
t;.)nal sign is ef-eeted; gr-a„to.1
r
within f4ve days after-stieh
t�
r
N
0
2. Do not e$veed 128 s" feet; a*l-t r
3. Are leeated on the 0 0 of the event.
(2) Real estate sigfis-.
tJ
a. Real est-"- e*eeedi*g si* s"ar-e feet. O*e real estate sfg* *et e*eeedi*g sfi*
s"ar-e feet per- faee ineltiding r-ider-s, per-pr-epeFt-y shall not mit, pr-evided
X
t
tJ
1. 11,
r�Net iv�-rrcHm-'rirz'1-ted; a*-I
tJ
7 G-.,,,,,.a „4o.1 signs shall not e*eeed eight feet in height
b. Real estate I.D., -.1-eeding si* s"ar-e feet. Real estate signs e*eeeding si* S"ar-e feet.
e*eeeding 32 s"ar-e feet in area, per- eaeh stfeet frontage. Stieh gr-etffid mounted U)
sig*s shall *et e*eeed eight feet i* height. z
r
N
��7.�� i
:i-ctt3'seetio 11 ll, 2 !;l of this section, shall be allowednon ;11, -mated gr-etffid r
fna-y be crecce J�e�efy -� -riicc feet of frontage o st reetr �cie
t
J
r
,b. Benehes in eemmer-eial areas shall be allowed to have signs on the baek rest not to e*eeed
designated btis steps stibjeet to the following limitations: :2
U
25
Packet Pg. 3475
P.3.b
Exhibit I
e. Beneh signs shall be lifnited to one per-design4ed btis step.
(b)Permanent signs in residential areas and areas of low intensity-
Signs in esidential areasrd areas of low inteffs4 , (CD, CFV, IS, MN, NA, OS, PR, SS, SR,
SR-L, UR, URM, URM-L) shall require a permit and beare restricted as follows:
(1) Commercial and other nonresidential uses. Commercial and other nonresidential uses
within the land use (zoning) districts, CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR-L, as
UR, URM, URM-L, which are adjacent to U.S. 1 shall be regulated pursuant to section v)
N
142-(8) (b) sub&ee :*�ef (3) of *his seeti elow. Unless otherwise provided for in this
chapter, all other commercial and nonresidential uses in these land use (zoning) districts
shall be allowed one ground-mounted sign and wall-mounted signage which shall be
limited as follows:
a. The ground-mounted sign shall be limited to 32 square feet in area per face and eight
feet in height; and
X
b. Wall-mounted signage shall be limited to a total of 32 square feet.
(2) Residential subdivision or condominium sign.
t�
a. One permanent, wall-mounted or ground-mounted sign, for identification of the
subdivision or residential development_ptieees only, giving n! e name
s4divisierner- r-esidential developnenz, may be granted a permit at each main
entrance into such subdivision or development from each abutting street.
c
b. The following limitations shall apply:
1. The subdivision or development shall have a homeowner's association or similar
entity that will be responsible for permits and maintenance of the signs; z
0
2. The face of each sign shall not exceed 32 square feet; N
3. The maximum permitted height shall be eight feet; and
4. The sign may incorporate, or be incorporated into, accessory entrance structural
features such as a project wall or landscaping.
(3) Institutional uses and private parks. Institutional uses, private parks and similar uses shall _2
be allowed one ground-mounted sign and wall-mounted signage that shall be limited as x
follows:
a. The ground-mounted sign shall be limited to 32 square feet in area per face (a
maximum of 64 square feet for all faces) and eight feet in height;
e(
26
Packet Pg. 3476
P.3.b
Exhibit I
b. Wall-mounted signage shall be limited to a total of 32 square feet; and
c. An additional 16 square feet in area per face may be added to the ground-mounted sign
for the exclusive use of a changeable copy sign.
(4) Electronic message centers and automatic changing signs. Electronic message centers and
automatic changing signs shall be prohibited in residential areas and areas of low U_
intensity (CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR-L, UR, URM, URM-L).
(c) Permanent signs in commercial/nonresidential areas (AD, Cl, C2, CFA, CFSD, DR, I, MF, U)
MI, MU, RV, SC, UC) shall require a permit and-
Sign allewa*ees in eemmer-eial a*d e�her-nonresidential areas (AD, G!, G2, GFA, GFSP, DR-,-I-,
whose size and number shall be epermitted based on the c�a
amount of property frontage and business frontage as follows: -�
(1). Ground-mounted single-tenant/occupant signs. Every developed parcel of land with a
commercial or other nonresidential use shall be allowed the following ground-mounted X
signage:
a. One illuminated or non-illuminated, ground-mounted sign of a height not more than 24
feet shall be allowed for each frontage as indicated in the following table:
Permitted Size of Nonresidential Signs per Property Frontage
Street Frontage Maximum Area Total Face Area
(Linear feet) Per Face (square feet)
(square feet)
v)
Frontage on U.S. 1 or a frontage road adjacent to U.S. 1:
v)
c�
1 ft. to 150 ft. 75 sq. ft. 150 sq. ft.
151 ft. to 300 ft 100 sq. ft. 200 sq. ft.
c,
c,
Over 301 ft. or more 200 sq. ft. 400 sq. ft.
Frontage on county roads, shorelines or runways:
w
1 ft. to 150 ft. 40 sq. ft. 80 sq. ft.
E
151 ft. to 300 ft. 60 sq. ft. 120 sq. ft.
�t
27
Packet Pg. 3477
P.3.b
Exhibit 1
Over 301 ft. or more 80 sq. ft. 160 sq. ft.
cv
b. Parcels that are on a corner of two public streets shall be allowed either:
i�
1. One ground-mounted sign for each property frontage; or
2. One ground-mounted sign with exposure to both streets with up 1.5 times the
maximum amount of area allowed on any one property frontage.
c. Where a street or highway is divided as occurs on Key Largo, which results in a parcel
of land in the median of the street or highway then the property shall be considered to
have a frontage on each side.
d. Service stations, convenience stores, marinas, or other facilities dispensing fuel to the
public shall be allowed to add to each authorized ground-mounted sign, an additional
40 square feet or 20 square feet per face of signage for the exclusive use of a
changeable copy sign for posting A tel pr-iees. �
e. A school, church, day-care center or other similar use shall be allowed to add an
additional 64 square feet or 32 square feet per face of signage to the ground-mounted
or wall-mounted sign for the exclusive use of a changeable copy sign.
f. Individual charter boats shall be allowed a ground-mounted sign at the charter boat's
dock slip, provided the sign does not exceed a total of 32 square feet and there is no 2
more than one fish replica. Signs allowed under this provision shall be exempt from
shoreline setback requirements.
v)
g. Drive-through or carry-out services shall be allowed up to two ground-mounted signs _
per lane
6f g6^crTvr- sciviecs- i` cit rbl n-rho�csc -lsri23t rd is of
intended t6 be r
v e�not viewable from any right-of-way and provided that the total sign area is
limited to a maximum of 40 square feet.
c,
h. Any parcel that does not have a ground-mounted sign as defined in Section 142-2 shall
be allowed a single A-frame sign in place of the ground-mounted sign. Such A-frame
signs shall meet all of the following standards:
X
1. A building permit shall be required prior to the sign's erection and the building
permit number shall be permanently affixed to the sign in a plainly visible
manner; E
2. The sign shall be no greater than three (3) feet in width and no greater than four (4)
feet in height, exclusive of legs that can be no more than six (6) inches in height;
28
Packet Pg. 3478
P.3.b
Exhibit 1
3. The sign shall be of A-frame-type construction, with only two sign faces that are
joined at the top;
4. The sign i-sshall be portable and not permanently affixed to the ground;
5. The sign i-sshall be located on athe private parcel of landa*d ide*tifie ion which
the business is also located'_11Q4r;�s A-r *h4 same e par-eel of la* . The sign
may not be located on a public right-of-way or walkway;
r fa natio di-eetl , of e t �h4 business
N
76. The sign shall not be located in a clear sight triangle;
9�7. The sign shall not be illuminated or electric and shall not have any electric -�
devices attached thereto; and
�t
98. The sign shall be stored indoors during tropical storm/hurricane watches and X
warnings and other severe weather advisories;
t�
i. Ground-mounted multi-tenant/occupant signs. Every developed parcel of land with
greater than one commercial or other nonresidential use shall be allowed additional
ground-mounted signage area if granted an Administrative Variance as etAli*e CO
i*Rjl want to Section 142-65.
(2) Wall-mounted signs.
c
a. Signs painted or attached to the surface of awnings, parapets, mansards and similar
roof and building elements shall be considered wall-mounted signs for purposes of
determining compliance with the requirements of this chapter.
z
b. Wall-mounted signs shall not extend above the facade of a building or project outward
more than 24 inches from the facade or wall to which it is attached.
c. Each individual business frontage shall be allowed wall-mounted signage equal in area
to two square feet times the length of the individual business frontage.
c,
d. A commercial or other nonresidential building located on a corner of two public streets
shall be allowed wall-mounted signage on the wall not considered to be the front(i.e., _
a side street) equal in area to one square foot times the length of such wall_ 2
X
e. The side of a commercial or other nonresidential building not on a corner of two public
streets shall be allowed wall-mounted signage on the side walls equal in area to one-
half square foot times the length of the side of the building.
29
Packet Pg. 3479
P.3.b
Exhibit 1
f. If the rear of a commercial or other nonresidential building faces a public street or
public parking lot, a wall-mounted sign up to a maximum of eight square feet shall be
allowed per individual business.
g. On a multistory commercial or other nonresidential building, wall-mounted signage
shall be permitted for each additional floor as outlined in subsection b 2 .c. of this
section. U_
Ch
h. Theaters, museums, auditoriums and fairgrounds and similar uses providing regular
shows shall be permitted an additional 50 square feet of a changeable copy wall- v)
N
mounted sign. Along the wall adjacent to the ticket windows, a theater may display,
without requiring a sign permit, one poster up to 12 square feet for each movie being
shown.
i. Drive-through or carry-out services shall be allowed one wall-mounted sign*hat
ai,ailable i *he establishment a*d is not intended to be vie e not viewable from any
right-of-way and provided that the sign is limited to a maximum of 40 square feet. X
(3) Canopy signs. One sign per business entrance shall be allowed to be erected underneath,
and extending downward from, a canopy along the front of a building,provided:
t�
a. The sign does not exceed eight square feet per face;
b. The sign is permanently attached and does not swing;
c. The sign is perpendicular to the facade of the building; and
d. The sign is located above a walkway.
v)
(d) Off-premises signs.
v)
Any nonresidential, lawfully-established business located on U.S. 1 shall be allowed to dedicate
any portion of its allowance for one (1) ground-mounted sign to another nonresidential, lawfully-
established business not located on U.S. 1. The side street intersecting U.S. 1 used to access the
other nonresidential business shall be located within one-half mile of the property on U.S. 1
providing the off premises signage. Such off-premises signage shall be limited to one sign face
per direction on U.S. 1. Off-premises advertising is also subject to subsections (c)l. and (c)2. of
this section and to regulations pursuant to F.S. Chapter 479.
A permit must be obtained from the Florida Department of Transportation (FDOT) Outdoor x
Advertising office for any off-premises sign that is within 600 feet of the nearest edge of the U.S.
1 right-of-way and/or is visible from U.S. 1. New permits will not be issued for off-premises a)
signs visible from a designated scenic highway (Rule 14-10(4)(c) Florida Administrative Code).
The Building Department shall not issue any building permit for an off-premise sign until the
applicant provides documentation from the FDOT indicating that a proposed off-premise sign is
30
Packet Pg. 3480
P.3.b
Exhibit 1
permitted by the MOT or that a permit is not necessary from the FDOT. It is the responsibility
of the applicant to obtain all federal, state and local permits for any off-premises sign.
All Signs.
less �han �he per-fnit4ed si, mea. l.. the ease of wall fnetmted signs w4hetfl'
r-eqtti
y
N
CJ
rot ;f a t, er- or- ,,o were tis0
X
elements of a single sigff—, 4he sti�ee area shall eempr-ise �he s"ar-e footage w4hin the
or- sign elements. However-, tindeeer-4ed spaee of" to 12 inehes between separ-4e si
CJ
(3) Wher-e signs are installed baek to baek, be�h faees shall be eetinted as sign area.
stmettir-e to �he f4nished gr-etind elevation of the site 4 �he base of �he sign. In no event Sh z
CN
(1) Clear- sight tfia*gle. No sign shall be er-eeted �h4 wetild impair- visibilit-y 4 a stf
CJ
31
Packet Pg. 3481
P.3.b
Exhibit 1
(3) Setbaeks fFofn pr-opeFty lines. The minifntifn setbaek f9r- signs shall be five feet. Setbael
cv
2
cv
x
t�
(2) Lieensed eentfaeter, Signs shall only be er-eeted by entities atAher-ized by Chapter- 6.
(3) Stmettir-e design. All signs �hat eentain fner-e tha* 40 s"ar-e feet in area or- are er-eeted
ever- 20 feet in height shall be designed by a* --,,.ster-ed in �he state. Stmettir-al
Wind lead ealettlations ;hAll i44 the engineering drawings. The btiilvJR;=-# r_
0
f less tha 40 s o foot; o r t isstimg a o „t
C)
entity atAher-ized to do s6 by Chapter- 6 of the Menr-ee /''.,ti , Code, ,,.a shall be in r
0ccrrcar power- to pvw2r--s6r'rrce or- E6mrcctt6s-yr-irsign t6 2mstirrgeleetfieal
a*y right of way or-adjaeent pr-epet:t�-
32
Packet Pg. 3482
P.3.b
Exhibit 1
following:
N
z. AGS v„rlzr s shalla eeveFed by lenses, irteFs, oF stinseFeens;
3 AGS sig s shalzrl be equipped with opeFational night dimming deyiee; a*d
CN
4. Ot4eF tl,,,r tl,o seFelling of F 4enmes ted gFaphies,-ter
pFoh:>,
,
,
the sign.
t�
(6) Sign a*eheFing. No sign shall be stispended by ehains oF etheF deviees that will allow t
o teF th m e degFees shall not be r „tto,a
0
U*Iess speeif4eally e*empted fFofn Fements of this ehapter-, no sign shall hereafter-be z
r
(f) AiTai ton., ee
All signs for- whieh a F"""t .1"ir-ed by this ehapter-, inekiding their- br-aees, s"pet4s, gay&
tJ
stir-faees shall be kept in good eendition, a*d illamination, if pr-evided, shall be maintained 4+ -2
r
X
The sign owner-, the owner- of the pr-epeft-y on whieh the si n is plaeed a*d the sign eentfaeter-
LU
33
Packet Pg. 3483
P.3.b
Exhibit 1
Pttfpese-
N
y
N
,
(1) nrrlie t; r. tJ
x
o met: ca
J
rtl
a
gr-oti,,.1 metinted
CN
d. The area of eaeh 'e. The total r-ea per- faee for- the gr-otind metinted sign shall not e*eeed
r
tJ
f. The total faee area for- the gr-otind metinted sign shall not e*eeed 800 s"ar-e fee
CJ
J
X
g. Stieh a gr-otind metinted sign shall not be eenstmeted within 40 linear- feet of an
34
Packet Pg. 3484
P.3.b
Exhibit 1
h. The sign shall be designed in aeeer-da*ee w44 t4e size of let4er-ing gtiidelines set fe
in eetio '�-T
n,-,,,.o,a,,,
N
Seeti6n 14 Z' within tin days f the Dl.,,, ing r,a Env n ental RCetir-ses
CN
Pla*ning Dir-eeter- shall pr-evide wr-44en notiee by r-egtilar- mail to owners of real pr-epeFt-y
,
X
t e pliea t
CJ
de r �
14 r-e"ested in writing by the applieant, or- a* aEk,er-sely affeeted owner- or-resident of r-eg
N
hearing shall be sehedtiled on the applieation. All eests of the p4lie hearing shall be
(e) Nlar-ia*eesgranted by t e Dl.,„ ing /''.,mmisue; ,, r
x
35
Packet Pg. 3485
P.3.b
Exhibit 1
(2) St nda-ds
all of the following sta*dar-ds are fne:t�.L
m
in uestion;
N
CJ
x
U
g.
The t ,,ee-shalnll nv�e�l�i�ign e*pFes ly Fohivited i Seeti6 -3(b). W
c
CN
0 0 0aeeeFda*eeC)
CJ
Within 30 days of�he date of�he p4lie heaFing, upon a f4nding �hat �he applieation has
x
Sec. 142-9. Government Sims.
36
Packet Pg. 3486
P.3.b
Exhibit I
(1) Signs required or provided at the direction of county, state or federal government
shall be allowed on public right of way without a sign permit but shall comply with
the county building code and other applicable regulations of the county, state or
federal government. Such suns may include:
(a) The erection of government signs in the right-of-way of U.S. 1 as are
otherwise allowable pursuant to state or federal law. Examples of U_
government signs shall include, but not be limited to, "Welcome to the
Florida Keys," "Thank You for Visiting the Florida Keys," and signs _that �sthat �s
identify recognized communities or municipalities, and v)
N
(b) Traffic control signs erected by the county, state or federal government.
(2) Any sign erected by or at the direction of the federal, state, or county government as
required by statute. Such signs shall not reduce the authorized size or number of signs
otherwise allowed by this chapter. All signs allowed pursuant to this paragraph shall -�
be the minimum necessary to comply with the applicable law.
�t
Sec. 142-710. Nonconforming Signs. X
Lawfully established signs which become non-compliant and or nonconforming to the current
regulations as a result of an amendment to this chapter may continue only as follows:
� Y P Y Y ca
(a) For nonconforming ground-mounted signs, changes of eepy, ' type style, size or-a
color changes; may be performed, provided that a permit is obtained and r,- N ided that *' P
InVelving �he name of the btisinesses or- establishments depieted by the sign shall enly
in compliance with the requirements of this chapter.
(b) No permit shall be issued for repair or reconstruction of any nonconforming sign structure
where such work would be more than 50 percent of the replacement cost of the sign, unless v)
the sign is brought into compliance with the requirements of this chapter. Neither shall the z
cumulative costs of repair or reconstruction exceed 50 percent of the replacement cost of any U)
nonconforming sign. The Planning and Environmental Resources Department shall maintain
an independently verified schedule of the replacement cost of signs.
(c) Determinations of nonconforming signs shall be made such that ground-mounted signs are
treated separately from wall-mounted and all other signage. For example, where both the
ground-mounted and wall-mounted signs of a particular parcel are nonconforming, the
change of type style, size or color of copy of a wall-mounted sign shall not require that the
ground-mounted signage be brought into compliance. However, where a sign other than a :2
ground-mounted sign is required to be brought into compliance, all of the signs of an w
establishment other than the ground-mounted signs shall be brought into full compliance with
this chapter.
(dc) Signs that cannot comply with the requirements of this chapter may be allowed to continue
if designated as a historical or cultural landmark pursuant to Chapter 134, Article III. The
37
Packet Pg. 3487
P.3.b
Exhibit 1
specific conditions under which a designated sign is allowed to continue shall be set forth in
the resolution of the Board of County CommissionersBEC,
Sec. 142-11. Penalties.
Penalties for violation of this chapter shall be as provided in Chapter 8 of the County
Code. U-
Sec. 142-812. Severability.
U)
r n,n,,,nity bt sires di-eetefy
cv
.
X
0 0 0feattir-e �-
eeninitinities to 1 r,afna-ks t be ide ti o a
0
(a) Generally. It is the declared legislative intent of the county that if any part, section,
r�
subsection,paragraph, subparagraph, sentence, phrase, clause, term, or word of this sign code
is declared unconstitutional by the final and valid judgment or decree of any court of z
t�
competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any
other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or
word of this code.
(b) Severability where less speech results. This subsection shall not be interpreted to limit the
effect of subsection (1) above, or any other applicable severability provisions in the land
development code or any adopting ordinance. The county specifically intends that
severability shall be applied to these sign gn regulations even if the result would be to allow less
speech in the county, whether by subjecting currently exempt signs to permitting or by some 2
other means.
(c) Severability of provisions pertaining _to prohibited signs. This subsection shall not be
prohibited signs. This subsection shall not be
interpreted to limit the effect of subsection (1) above, or any other applicable severability
provisions in the land development code or any adopting ordinance. The county specifically
intends that severability shall be applied to prohibited signs and prohibited sign locations, so
38
Packet Pg. 3488
P.3.b
Exhibit 1
that each of the prohibited sign i types listed in that section shall continue to be prohibited
irrespective of whether another sign prohibition is declared unconstitutional or invalid.
(d) Severability of prohibition on off-premises suns. This subsection shall not be interpreted to
limit the effect of subsection (1) above, or any other applicable severability_provisions in the
land development code or any adopting ordinance. If any or all of the sign code, or any other
provision of the county's land development code is declared unconstitutional or invalid by the
final and valid judgment of any court of competent jurisdiction, the county specifically
intends that that declaration shall not affect the prohibition on off-premises suns.
U)
See. 142 9. Guidelines for- the size of letter-i
cv
c,
X
c
cv
X
39
Packet Pg. 3489
P.3.b
Exhibit 1
(a) Along 35 mile per-hetir-(fnph) r-eadways:(b) Along 40 mile per-hetir-(fnph) roadways:
Size of Lettering for 40 mph Roadways .�
+rwrww"11" —13" w.wra13' —.14" --is, �
r
400
390
N
300 250
riK 20fl
19
E
4
1fl{i
# 1t"
0
0 10 20 30 40 50 W 70 90 100 110 LN 130 140 150
Distance between the sign and the Driveway(Off-Set-ft.l
J
Determine the location of sign parallel to ft roadway (Lateral Dtstancel and the distance W
between ttae sign and the driveway i - ei)_ Plat the ant correspondFng to the lateral and off-
set distances,Select the letter size corresponding to the fine including or immediately above the
plotted point When a An is intended to serve both aoproachesr plot a point for each approach �
and select the larger letter size.
Measure dstanse betrew ft sip aid
the beginning of the driveway rot^SWA
downstream of dw drh*"y tteasurt distaarce from
ssume a 0 t[distar�e for signs frr \off-setI*5Wnc.4 of bwel tares
adrarH*of the drn*eway fbteM dJstanoe)
toff-set distance)
N 410
ilea, r
7=
€ oFsad
r
—PON119W htoaCmn
Owswe dista, franc Osign
edge oaf 67W lane Alternate
location W
otsir
(taerrar aGstaArae)
40
Packet Pg. 3490
P.3.b
Exhibit 1
Size of Lettering for 45 mph Roadways
350
CD
P'
N
300
W
250
3 tV
204 r
150 t8
ld� U
a 200 13„
50
0 U
0 10 20 30 50 50 GD 70 90 90 100 120 120
Distwce between the Sign and the DrWfty"(off-set-ft.) J
rJ
rJ
Determine the location of sign paraflel to the roadway (Lateral Distance) and the distance ca
between the sign and the driveway(tiff-Set). Plot the point corresponding to the lateral and off- >-
set distances. Select the letter size corresponding to the line including or immediately above the
plotted paint When a sign is intended to serve both approaches, plot a point for each approach
and select the larger letter size.
A&mre distance between the son a:nd
the begins of tix driveway for signs
dawrrsM..of tfie driveway edge o e distance b troan An
Assume a 0 ff,dastance for signsIn nape of travel brae
advance of the df vwy j otf set distance) �aterai distances W
(otf set distance)
Edge of-voei Gene
N
r"atenfial location
Veaswv distance foam of sign
edge of Umvi lane
4 Alterrr i kicahkm
01 glen
X
(d)Along 50 mile per-hetir-(fnph) roadways: E
41
Packet Pg. 3491
P.3.b
Exhibit 1
Size of Lettering for 50 mph Roadways
-15, -16" -17"
350 CD
r
r
300 CD
q 250
20m .®
17"
r
150
� 16"
a 100 15 (J
50
0 X
0 10 20 30 40 50 60 70 M 90 Lao 110
Distance between the Sign and the Driveway(Off-set-ft.) Ca
J
U
Determine the location of sign parallel to the roadway (Lateral Distance) and the distance U
between the sign and the driveway Off-Set). Plot the punt corresp+onaing to the lateral and off- 0
set distances. Select the letter size corresponding to the line including or immediately above the
plotted point_When a sign is intended to serve Moth approaches, plot a point for each approach
and select the larger letter size.
Yeaserre disuance between the sign and
the b eginrting of the driveway for signs r
downstream of the driveaay V"sure distance ftm
Assume a 011 distance ftr signs in of t+avef ine
advance of the dmeway \off-sedistaffl*) �!aaWaf distance) t�
' lair-setdistancei
s
Edge of'wmf Lane
EWe4T-m�•:arte® ••�•• "ter �•
Pw
patendat kwatian
Weasure distarNCe from of sign
edge of travel cane i U
lateral disbncel of sign
J
r
U
42
Packet Pg. 3492
P.3.b
Exhibit 1
Size of Lettering for 55 mph Roadways
-W -18" 19. ,20" CD
r
350
.50 CV
s
ac U
a
150
0. 10Et Ir
so 17' U
-+ U
0 U
0 W 20 30 40 so W '70 so 90 100
oistaa►ce between the Sign and she OiNewa y(off-set v%)
Determine the location of sign parallel to the roadway (Laterat [distance) and the distance '✓
ixfveen the sign and the driveway(Off-Set). Plat the point corresponding to the lateral and Taff-
set distances. Select the fetter size corresponding to the fine including or immediately above the
plotted paint.When a sign is intended to serve math approaches, plat a point for each approach
and select the larger letter size.
#leUum dfsWve abe skn
the ng of Ov daine+way for son
Mum a ff R. signs im timmtreM of the i y Moir re d ifWa f m
Toff-so lam* edge of ft
advan+rx of�e drruearay* {'daterai disr�ace�
;Off
sei ref
r
U
l'atesttia!
Measwe d4tow hom align
edge ortrav of lane After"faciauj
!'daltlistanco align
U
43
Packet Pg. 3493
P.3.c
Exhibit 1
Chapter 142 SIGNS
Sec. 142-1. Purpose and Intent.
The purposes a*d intent of this chapter are to promote the public health, safety and general
welfare through reasonable, consistent, content neutral and non-discriminatory sign standards.
The sign standards of this chapter are intended to meet the statutory requirement of Section U-
163.3202(f), Florida Statutes, for county land development regulations that regulate signage.
They are also intended to implement the Monroe County Year 2030 Comprehensive Plan,
especially Objective 101.15 ("Monroe County shall enforce and maintain the existing sign U)
regulations in order to maintain and improve the visual character of the County and protect
adjacent land uses") and Objective 301.6 ("Monroe County shall provide a transportation system
that facilitates scenic corridor enhancement and beautification within the Florida Keys"). The
sign regulations are especially intended to address the secondary effects of signage that may
adversely impact aesthetics and safety. They are not intended to censor speech or to regulate .�
viewpoints, but to serve substantial governmental interests and, in some cases, compelling
governmental interests such as traffic safety and warning signs of threats to bodily injury or E
death. X
Monroe County is a vital,primarily resort community, uniquely situated at the southernmost area
of Florida in an historic and environmentally sensitive area. It is a designated Florida Area of
• - ca
Critical State Concern, and its major transportation corridor is U.S. Route 1, also designated the
Florida Keys Scenic Highway and a Federal Scenic Highway Corridor. The economic base of as
the county is heavily dependent on visitors from all over the nation and the world. In order to
preserve and promote the county as a desirable place to live, work and play, a pleasing, visually
attractive and safe environment is very important. The regulation of signs contributes v)
significantly to achieving these ends. Z
It is further the purpose and intent of the sign regulations Ito:
(1) Facilitate the implementation of goals, objectives and policies set forth in the
comprehensive plan relating to sign control, community character and scenic resources
and protection of areas from incompatible uses;
(2) Promote and maintain convenience, safety, property values and aesthetics by establishing
a set of standards for the erection,placement, use and maintenance of signs that will grant
equal protection and fairness to all property owners in the county; w
(3) Provide a simple set of regulations that will minimize intricacies and facilitate efficiency
of permitting functions and thus assist the regulated public;
a_
(4) Encourage signs that help to visually organize the activities of the county, and lend order
and meaning to business identification and make it easier for the public to locate and
E
identify their destinations;
1
Packet Pg. 3494
P.3.c
Exhibit 1
(5) Regulate the size, number and location of signs so that their purpose can be served
without unduly interfering with motorists and causing unsafe conditions;
(6) Promote the general welfare, including enhancement of property values and scenic
resources, so as to create a more attractive business climate and make the county a more
desirable place in which to visit, trade, work and live;
(7) Improve pedestrian and traffic safety by re_ gulating signs so as not to interfere with,
distract, or obstruct the vision of motorists, bicyclists or pedestrians,
U)
(8) Provide standards regarding the non-content based aspects of suns which are consistent
with state and federal law, u
(9) Assure that the benefits derived from the expenditure of public funds for the improvement
and beautification of streets, sidewalks, public parks, public right-of-way, and other .�
public places and spaces, are protected by exercising reasonable controls over the
physical characteristics and structural design of signs,
X
(�10) Be fair in that everyone receives equal and adequate exposure to the public and no one
is allowed to visually dominate his neighbor;
(911) Authorize the use of signs in commercial and industrial areas that are:
CO
a. Compatible with their surroundings;
b. Appropriate to the type of activity to which they pertain; U
0
c. An expression of the identity of the individual proprietors and the community as a
whole; and
d. Large enough to sufficiently convey a message about the owners or occupants of a
particular premises, the commodities, products or devices available on such premises,
or the business activities conducted on such premises, yet small enough to prevent
excessive, overpowering advertising which would have a detrimental effect on the
character and appearance of commercial and industrial areas, or which could unduly
distract the motoring public, causing unsafe motoring conditions;
x
(912) T-e4Limit the number, type and size of signs in noncommercial areas to protect the
character and appearance of noncommercial areas.
e(
Sec. 142-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
2
Packet Pg. 3495
P.3.c
Exhibit 1
Area ofa sign. Refer to Section 142-5(1).
Banner means any suspended sign made of any flexible material such as, but not limited to,
cloth,plastic or paper whether or not imprinted with words or characters.
Billboard means any sign that is required to be registered with the Florida Department of
Transportation (FDOT)pursuant to F.S. Chapter 479 and exceeds the size limitations set forth in U_
Section 142-4 of this chapter.
cv
Changeable copv sign means a sign with the capability of content change ge by means of manual or .�
remote input, including the following types:
e(
Manually activated. Changeable sign whose message copy can be changed manually on a X
display surface.
Electronic message center means an electronically activated changeable copy sign whose
variable message capability can be electronically programmed.
Digital_ signs _(see below).
Clear sight triangle means a triangular-shaped area at any driveway connection to a public street U
and at all street intersections, as required in Section 114-201, in which nothing is allowed to be 0
erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight of v)
motorists entering or leaving the driveway or street intersection. Also referred to as clear vision
triangle. u
Copy means the text or graphic representations of a sign that depict the name of an
establishment,products, services or other messages, whether in permanent or removable form.
Digital sign means any digital_ display using technologies such as LCD, LED, projection and e-
paper to display digital images.
X
Erect means, in the context of this chapter, to build, construct, attach, hang, place, suspend, affix
or paint a sign.
e(
Facade means the face of a building or structure is most nearly parallel with the right-of-way
line under consideration, including related architectural elements such as awnings, parapets and
mansard roofs but excluding signs attached to a building that are not otherwise incorporated into
such architectural elements.
3
Packet Pg. 3496
P.3.c
Exhibit 1
Face of sign means the planes of a sign on which copy could be placed, including trim and
background.
Flag means a piece of light weight, flexible material such as cloth or plastic with one side
attached to a pole and the other end flying freely.
N
Frontage, business means the horizontal linear distance measured along the facade of an
individual business. Also referred to as "business frontage."
Frontage, property means the distance measured along a public or private right-of-way or
easement including canals, shorelines and runways that affords vehicular access to the property
between the points of intersection of the side lot lines with such right-of-way or easement. Where
a street or highway is divided as occurs on Key Largo, a parcel of land in the median of the street
or highway shall be considered to have a frontage on each side. All parcels that abut U.S. 1 or
County Road 905 shall be considered to have a frontage on such roads regardless of whether a .�
curb cut exists. Also referred to as "property frontage."
e(
Government sign means any temporary or permanent sign erected by or on the order of a public X
official or quasi-public entity at the federal, state or local government level in the performance of
any duty.
Ground-mounted sign means any sign that is mounted on or supported by an upright or brace in
or upon the ground, such upright or brace being directly attached in or upon the ground and
independent of any other structure. Signs affixed to fences shall be considered ground-mounted
signs. W
Illuminated sign means any sign that is illuminated by artificial light, either from an interior or
exterior source, including outline, reflective or phosphorescent light, whether or not the source of v)
light is directly affixed as part of the sign and includes, but is not limited to, digital_ signs.
Interior property information sign means signs located entirely on the property to which the sign
pertains, are not readily visible from public rights-of-way, and
infef 4iefl to people which direct persons to prohibited or permitted activities, or conditions on �
the property. " " " "pay
wee-a* ee" n "no
Licensed sign contractor means any person holding a valid certificate of competency in sign X
erection issued by the county.
w
Off-premises commercial advertising means a nonaccessory billboard or sign which directs
attention to a business, commodity, service, or attraction that is sold, offered or exising c.
elsewhere than upon the same lot where such sign is displayed.
a�
Off-premises sign means r leeated o o other-4ia These On :hie whieh she bt sires �
a
nonaccessory billboard or sign that displays offsite commercial advertising. When in the right-
4
Packet Pg. 3497
P.3.c
Exhibit 1
of-way of or visible from U.S. 1, off-premises signs are required to be registered with the Florida
Department of Transportation (FDOT)pursuant to F.S. Chapter 479.
Pennant means a series of small flag-like pieces of cloth or similar type of material attached and
strung between two or more points.
cv
Permanent sign means a sign which is intended to be and is so constructed as to be of lasting and
enduring condition, remaining unchanged in character, condition (beyond normal wear and teary
and position and in a permanent manner affixed to the ground, wall or building.
U)
Plane means any surface such as a rectangle, square, triangle, circle or sphere that is capable of
carrying items of information; any area enclosed by an imaginary line describing a rectangle,
square, triangle or circle which includes freestanding letters, numbers or symbols.
Portable sign means any sign or sign structure that is not permanently attached to the ground or .�
to any other permanent structure or which is specifically designed to be transported. This
definition shall include, but not be limited to, trailer signs, A-frame signs, and sandwich board
signs X
Posted property sign means a sign for the purpose of warnings or prohibitions related to the
property on which it is posted.
E2Spa-Srrii" '�Qeware of dog," n„ " P'a> n or-- ezhsimilar- wamiffg-s-. State statutes may �
establish requirements for these signs.
Premises means any parcel of land owned, leased or controlled by the person actively engaged in
business and so connected with the business as to form a contiguous component or integral part v)
of it; or owned, leased or controlled by a person for living accommodations. 0
v)
N
da*ee, at4 show, e show, or-similar type f even �
�e t See 24entage, pr-eperty." ca
sale,-W-01 -f-S404- I-s a sign tised solely for- t4e ptwpese of offering f;gr- sale, lease, or- r-ent t4e
open for- inspeetion" a*d "model heme." Stieh signs are allowed only while a pr-epefty is f9f
lease ef rt '
RotatinZ sign (or revolving sign) means a sign that revolves or turns or has external sign
CL
elements that revolve or turn. Such sign _may be power-driven or propelled by the force of wind
be power-driven or propelled by the force of wind
or air. Rotating signs include Multi-prism or tri-vision signs with a series of triangular sections
that rotate and stop to show multiple images or messages in the same area at different times.
E
Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors
that is used to advertise, identify, display, direct or attract attention to an object, person,
5
Packet Pg. 3498
P.3.c
Exhibit 1
institution, organization, business, product service event or location and by any means, including
words, letters, figures, designs, symbols, fixtures, colors or projected images. Signs do not
include:
r-elor-igietis4i N
n' �
(�l) Merchandise that is not otherwise incorporated into a sign structure;
(7�2) Models or products incorporated in a window display;
N
(43) Works of art that do not contain advertising messages and in no way identify a product,
use or service; or
(�4) Scoreboards located on athletic fields. -�
Sign structure means any structure that supports, has supported or is capable of supporting a
sign, including decorative cover. X
Special event sign means a temporary sign erected by a nonprofit organization or organizations,
holding a valid county public assembly permit, with a purpose to advertise a special event.
Temporary sign means any sign not permanently installed on property which is intended to be CO
displayed for a limited period of time. A sign with an intended use for a period of time related to J
an event shall be deemed a temporary sign.
1)
Vehicle sign means a sign mounted or painted on any vehicle, trailer, floating device, barge, raft,
or boat, whether licensed or unlicensed, for the primary purpose of advertising commercial 1)
products or services, conveying commercial messages or directing people to a business or
commercial activity. u
Wall-mounted sign means any sign mounted on or painted on and parallel to the facade or wall of
a building.
Window sign means any sign mounted to or painted on, or visible through a window for display
to the public.
x
Sec. 142-3. Gener-n' Provisions. Applicability.
(a) Generally.
a.
This ehapter- shall apply te any per-se* whe er-eets, ee*stf+tets, e*lffr-ges, me-',es, ehanges
Packet Pg. 3499
P.3.c
Exhibit 1
This chapter shall apply to the erection, construction or alteration of any sign, unless
exempted as provided herein. The procedure for variances is set forth in Section 142-65.
The procedure for amendments to the text of this chapter is set forth in Chapter 102,
Article V.
(2) Type of Activities not affected.
— a�
The following activities shall not be subject to +I+e regulation under this chapter.
However, such activities shall nevertheless comply with the county building code and
other applicable regulations of the county, state and federal governments. v)
Stieh signs shall net r-e"ee +he ati4ier-ized size or-ntiniber- of signs e+heFwise allowed
r
�h-
neeessar-yeeniply ,
4.11IChanging of the ad niessage of a lawfully existing e ge ble
sign, whether manual or automatic, unless the change_ of copy changes the function of X
or purpose of the sign which as a result requires adherence to a different time, manner
or location regulation as provided herein, or changes the style We, size or color not
in compliance with this chapter;
c,
d-.Q Works of art that do not contain advertising messages, and which in no way identify U
a product, use, or service; 0
v)
e�D Maintenance of lawfully existing signs and sign structures that does not involve
, structural enlargement, reconstruction, r or
additions . Replacement of the damaged or deteriorated
plastic face of a sign shall be considered maintenance
eha*ged. The necessity to obtain a building permit for sdeh-maintenance work shall
be governed by Chapter 6;
X
allowable ptir-stiant to OF-&--d law. E*afnples of eeni ��St signs shalt LU
Visiting the Per-ida Keys," , signs identify r-eeegnized eeninitinities ofmtniieipalities; and
to
�
CL
(4) Any sign not visible from a public street, sidewalk or right of way or from a
navigable waterway or body of water, except that the foregoing does not exempt a
sign for a commercial use that is visible from an abutting residential use.
7
Packet Pg. 3500
P.3.c
Exhibit 1
Sec. 142-4.(b)Prohibited signs.
The following types of signs shall not be erected or operated on any property in the county
limits
m
(1) Off-premises signs; excluding off-premise signs identifying lawfully-established off-
premises businesses as permitted in Section 142-48;, visible from a designated scenic
highway, unless and until the applicant provides documentation from the Florida
Department of Transportation (FDOT) that the sign is permitted by or that a permit is not
necessary from the FDOT,
(2) Those erected in a clear sight triangle; or at any location where, by reason of the position,
shape or color, they may interfere with or obstruct the view of any authorized traffic sign, .�
signal or device;
�t
(3) ^ Discontinued signs that no longer correctly direct or exhort any person; or X
advertise a bona fide business, lessor, owner, product or activity conducted or available
on the premises indicated on such sign;
(4) AnimatedRotating signs, excluding electronic message centers and automatic changing
suns Ca
appear-aaee—of stteh sign. - whose operations of ele^ctfenie fnessage eenters--a*d ()
e a+ie e a a_~g sigig shall be governed by Section 142- 4)8;
v)
(5) Signs that emit smoke, vapor,particles, odor or sounds;
(6) Signs using a video, digital means, or Mmotion picture source used in such a manner as
to permit or allow the images or audio to be visible or audible from any public street,?
sidewalk or navigable waterway, including but not limited to vehicles displaying
electronic signs;
(7) Vehicle signs park
or- be net4er- lieensed or-zmheen&ed on any public property, including public rights- uo
of-way, navigable waterways and beaches, or on private property so as to be clearly
visible from any public right-of-way, ,:hie has ^ aehe' t4er-ete or- lee e the e �
r a:,^^*rg �,
people to ^ „s:r^ss ^ ^* *y. This restriction is not CL
intended to prohibit incidental signage on a functional, licensed vehicle which is
displayed in a manner to primarily identify the vehicle with the business it serves. Such
E
vehicles shall only park in a lawful parking space. Vehicle signs may not be an
attachment that extends or protrudes from the vehicle. However, commercial vehicles
that provide delivery services, including taxies, shall be allowed an tempefat=y attached
8
Packet Pg. 3501
P.3.c
Exhibit 1
non-illuminated roof sign that identifies the delivery business. Such sign shall only be
allowed on the vehicle while doing business and shall be no larger than 24 inches long,
12 inches tall and ten inches wide, including the base;
(8) Portable signs, except for pelitieal eampai temporarX signs as permitted in Section 142-
3kd)7 and A-frames signs as permitted in Section 142-4(1+)8;
(9) Any sign that is affixed to any wall or structure and extends more than 24 inches
perpendicularly from the plane of the building wall;
U)
(10) Any sign attached to a building and projecting above the facade of a building, or any
sign mounted on top of a flat roof or on top of any horizontal awning;
(11) Signs that cause radio or television or other communication, electrical, magnetic
interference; .�
(12) Signs erected, constructed or maintained that obstruct any firefighting equipment,
window, door or opening used as a means of ingress or egress or for firefighting X
purposes;
(13) Signs, except posted property signs, that are erected or maintained upon trees or painted
or drawn upon rocks or other natural features or tacked, nailed or attached in any way to
utility poles; CO
(14) Signs on public property or road rights-of-way including, but not limited to, signs placed
on any curb, sidewalk, post, pole, hydrant, bridge, tree or other surface located on public v)
property or over or across any public or private street except as may otherwise expressly 0
be authorized by this chapter; v)
N
r
(15) Unshielded illuminated devices that produce glare or are a hazard or a nuisance to
motorists or occupants of adjacent properties, or signs containing mirrors;
(16) Pennants, flutter signs, wind activated banners, streamers, balloons, cold air inflatables
or other fixed aerial siege used for commercial advertising
(17) Flashing suns, 2
x
(18) Floodlights or beacon lights, except when required by the Federal Aviation
Administration, CL
(19) Signs attached to a seaway, dock, buoy, tie pole or pier, or in or upon any body of water
other than warning signs, safety signs, or government regulatory signs,
a�
(20) Signs that are an imitation of traffic control device signs and which are adjacent to the
right of way of any road, street or highway, and
e(
9
Packet Pg. 3502
P.3.c
Exhibit 1
(O 21)Dangerous signs.
No person shall allow any sign that is in a dangerous or defective condition to be maintained
on any premises owned or controlled by such person. Any such sign shall be removed or
repaired by the owner of the sign or the owner of the premises, or as otherwise provided for
in this chapter.
Sec. 142-5.{d*Sign Permits.
U Generally.
cv
Except for temporary signs and signs specifically provided by this chapter, it shall be
unlawful for any person or business to construct, alter or maintain a sign structure, as
defined in the building code, without first obtaining a building permit from the county in
accordance with the provisions of the building code and aplicable law. Permit fees for a .�
building permit shall be paid in accordance with applicable county fee schedules.
�t
(bb) Sign permit decision and meal. X
(1) A building permit for a sign shall be either aproved, aproved with any condition
specifically described and set forth in the county code of ordinances, or disapproved,
and the decision shall be reduced to writing within 30 calendar days following a
complete application and payment of applicable fees. Any governmental declaration
of emergency due to natural or manmade hazard events affecting the county shall
extend the time frame for a decision until the County Commission by resolution
establishes an alternative emergency time frame. Whenever required by state statute, v)
the explanation for a denial of a sign permit shall include a citation to the applicable 0
portions of an ordinance, rule, statute, or other legal authority for the denial of the v)
permit: in the event that the applicant fails to receive a statutorily required
explanation, the aplicant shall submit a written request for the explanation to the
Building Official via certified mail.
(2) A decision of aproval with conditions or a denial shall be a final decision of the
county if the applicant chooses not to seek reconsideration, by writing, within ten (10)
calendar days of the denial. The aplicant may seek no more than one
reconsideration. A decision of reconsideration shall be rendered within twenty (20)
calendar days of receipt of the written aplication for reconsideration.
(3) A written appeal of the final sign permit decision or reconsideration shall be taken to
the Planning Commission within thirty (30) calendar days from the rendering of the
buildings permit decision or reconsideration. CL
L1°
(cc) Administrative sign area variance. The Planning Director is authorized to grant
administrative variances to the maximum area per face requirements set forth in Section
142-8 for ground-mounted suns that accommodate more than a single user (i.e. tenant,
business, organization).
10
Packet Pg. 3503
P.3.c
Exhibit 1
(1) Application. An application shall be submitted to the Planning and Environmental
Resources Department on a form approved by the Department.
(2) Standards. The Planning Director shall grant an administrative variance to the
maximum area per face requirements for ground-mounted suns that accommodate more
than a single user only if the applicant demonstrates that all of the following standards are
met:
a. The granting of the administrative variance shall not be materially detrimental to
other property owners in the immediate vicinity; v)
N
r
b. The administrative variance shall be the minimum necessary to provide relief to the
applicant;
c. Each user shall be permitted only a single identification sign per each face/side of .�
the ground-mounted sign
E
d. The area of each user's identification sign shall not exceed 100 square feet per each X
face/side of the ground-mounted sign,
e. The total maximum area per face for the ground-mounted sign shall not exceed 400
square feet in area unless a variance is granted by the Planning Commission in
accordance with Section 142-5(e),
f. The total face area for the ground-mounted sign shall not exceed 800 square feet on
double-sided suns unless a variance is granted by the Planning Commission in v)
accordance with Section 142-5(e), 0
v)
g. Such a ground-mounted sign shall not be constructed within 40 linear feet of
another ground-mounted sign, and
h. The sign shall be designed in accordance with the size of lettering "idefines set
forth in Section 142-12.
(3)Procedures.
The Planning Director shall determine within fifteen (15) calendar days if an "
application is complete. The Planning Director shall make a preliminary
LU
determination of whether an application complies with the standards of Section 142-
5(d)(2) within sixty (60) days of the Planning and Environmental Resources
CL
Department's receipt of a complete application and payment of applicable fees. If the
Planning Director determines preliminarily that the application complies with the
standards, the Planning and Environmental Resources Department shall provide
E
public notification in accordance with 142-5(d)(4). If the Planning Director
determines that the application does not comply with the standards, the Planning
�t
11
Packet Pg. 3504
P.3.c
Exhibit 1
Director shall issue a written decision of denial to the applicant with an explanation of
reasons for the denial.
(4) Surrounding property owner notification of application.
Only after preliminarily determining that an application for a variance complies with
the standards, the Planning Director shall provide written notice by regular mail to U-
owners of real property located within 600 feet of the property that is the subject of
the aplication. The notice shall provide a brief description of the proposed
administrative variance and indicate where the application may be examined. The v)
cost of providing notice shall be borne by the aplicant.
(5)Decision by the Planning Director.
After thirty (30) calendar days of the date in which the written notification was sent .�
per Section 142-5(d)(4), the Planning Director shall review all public responses to the
application. Upon a finding that the aplication has or has not complied with the
requirements and standards of this section, the Planning Director shall issue a written X
administrative variance decision.
t�
(6)Public hearing by the Planning Commission.
t�
If requested in writing by the applicant, or an adversely affected owner or resident of
real property located in the county during the required thirty (30)-day notification
period, a public hearing by the Planning Commission shall be scheduled on the
application. All costs of the public hearing shall be the responsibility of the aplicant v)
for the administrative variance. The public hearing shall be conducted and noticed in 0
accordance with Section 110-5. v)
N
r
(e) Variances granted by the Planning Commission. The Planning Commission is authorized
to grant variances to this chapter.
(1) Application. An application shall be submitted to the Planning and Environmental
Resources Department on a form approved by the Department.
(2) Standards. The Planning Commission shall grant a variance only if the applicant
demonstrates that all of the following standards are met: w
a. The literal interpretation and strict application of the provision and requirements of
this chapter would cause undue and unnecessary hardship to the sign owner because
CL
of unique or unusual conditions pertaining to the specific building or parcel or
property in question,
b. The granting of the requested variance would not be materially detrimental to the
property owners in the immediate vicinity;
12
Packet Pg. 3505
P.3.c
Exhibit 1
c. The unusual conditions applying to the specific property do not apply generally to
other properties in the unincorporated county;
d. The granting of the variance will not be contrary to the general objective of this
chapter of moderating the size, number and obtrusive placement of suns and the
reduction of clutter,
e. The variance is not requested solely on the basis of economic hardship of the sign
user,
f. The variance shall be the minimum necessary to provide relief to the aplicant, and
g. The variance shall not permit a sign expressly_prohibited by this Chapter.
(3) Procedures.
The Planning Director shall determine within fifteen (15) calendar days if an
application is complete. Within sixty (60) calendar days of the Planning and X
Environmental Resources Department's receipt of a complete application and
payment of aplicable fees, the Planning Department shall schedule the aplication
for review and decision by the Planning Commission. The Planning Director shall
review the entire aplication and all public responses thereto and prepare a staff
report with recommendations for the Planning Commission. The application shall be
heard at a regularly scheduled meeting of the Planning Commission. Notice, posting
and hearing requirements shall be in accordance with Section 110-5.
v)
(4)Decision by the Planning Commission.
Within thirty (30) calendar days of the date of the public hearing, upon a finding that
the application has or has not complied with the requirements and standards of this
section, the Planning Commission shall issue a written variance decision. If the
variance is denied, the written decision shall provide reasons for the denial_
t�
Sec. 142-6. General provisions for suns.
The requirements of this section shall aply to all suns whether or not a permit is required,
unless otherwise noted below: w
(a) Measurements.
e(
CL
(1) Measurement of sign area.
a. The sign area shall be measured from the outside edges of the sign or sign frame,
whichever is greater, excluding the area of the supporting structures, provided that E
the suporting structures are not used for advertising purposes and are of an area
equal to or less than the permitted sign area. In the case of wall-mounted signs <
13
Packet Pg. 3506
P.3.c
Exhibit 1
without border or frame, the surface area shall include such reasonable and
proportionate space as would be required if a border or frame were used.
b. When a single sign structure is used to support two or more signs, or
unconnected elements of a single sign, the surface area shall comprise the square
footage within the perimeter of a re _gular geometric form enclosing the outer edgeseometric form enclosing the outer edges
of all the separate signs or sign elements. However, undecorated space of up to 12 a�
inches between separate sign panels may be excluded from the sign area '�-
measurement where necessary to provide structural support members or to provide
visual separation between sign panels.
c. Where suns are installed back-to-back, both faces shall be counted as sign area.
(2) Measurement of sign height. The height of a sign shall be considered to be the
vertical distance measured from the top of the structure to the finished ground
elevation of the site at the base of the sign. In no event shall excess fill be used to
raise a sign.
- a�
(b) Consent of property owner and responsibility. No sign gn requiring a permit may be
displayed without the consent of the party or parties with legal title to the property on
which the sign is mounted or displayed. The sign owner(s), the property owner(s) of the
property on which the sign is placed and the sign contractor shall each be held
responsible for adherence to this chapter and Chapter 6. In order for a sign _application topplication to
be approved, the property owner must grant access to the property for inspection
purposes, for the life of the sign.
(c) County sign number. All signs for which a permit is required by this chapter shall not be
erected, displayed, rebuilt, repaired, the copy changed, painted or otherwise maintained z
until and unless the countpermit number is painted or otherwise axed to the sign U)
y s� ffi
or sign structure in such a manner as to be plainly visible from grade.
(d) Location restrictions.
(1) Clear sight triangle. No sign shall be erected that would impair visibility at a
street intersection or driveway entrance pursuant to section 114-201.
(2) Clearance from high-voltage power lines. Suns shall be located in such a way -2
that they maintain a clearance of ten feet to all overhead electrical conductors and X
w
a three-foot clearance on all secondary voltage service drops.
(3) Setbacks from property lines. The minimum setback for suns shall be five feet,
setbacks shall be measured from the property line to the farthest extension of the
sign, including any overhangsy wires and supports.
(4) Scenic corridor bufferyard. Where a scenic corridor bufferyard is required
pursuant to section 114-125, ground-mounted signs shall only be erected in the
immediate vicinity of a driveway.
14
Packet Pg. 3507
P.3.c
Exhibit 1
(5) Fences. The authorized ground-mounted sign not requiring a permit may be
placed on a fence regardless of setbacks provided the sign does not extend above
the fence or project more than four inches outward from the fence.
(e) Structure design, _engineering and construction.
N
(1) Compliance with Florida Building Code. All suns shall comply with the —
appropriate detailed provisions of the Florida Building Code relating to design,
structural members and connections.
U)
(2) Licensed contractor. Suns shall only be erected by entities authorized by chapter
6. u
(3) Structure design. All signs that contain more than 40 square feet in area or are
erected over 20 feet in height shall be designed by an engineer registered in the .�
state. Structural drawings shall be prepared by the engineer and submitted prior to
a permit being issued. Wind load calculations shall be contained in the
engineering drawings. The building official may set wind load requirements X
greater than the Florida Building Code if deemed necessary to protect the health,
safety and welfare of the public or property owners surrounding_ the he sign. _The
building official may request wind load calculations for signs of less than 40
t�
square feet in area prior to issuing a permit.
(4) Supports and braces. Supports and braces shall be adequate for wind loading.
Wire or cable suports shall have a safety factor of four times the required
strength. All metal, wire cable suports and braces and all bolts used to attach v)
signs to a bracket or brackets and signs to the suporting building or structure 0
shall be of galvanized steel or of an equivalent corrosive-resistant material. All v)
such sign suports shall be an integral part of the signsuorts shall be an integral part of the sign.
(5) Sign anchoring. No sign shall be suspended by chains or other devices that will
allow the sign to swing due to wind action. Signs shall be anchored to prevent any
lateral movement that would cause wear on suporting members or connections.
(6) Double-faced suns. Double-faced suns with opposing faces may not have an
interior angle greater than 45.
x
LU
(f) Electric signs, digital signs and illuminated signs.
u.o
(1) All electric signs shall require a permit and shall be Underwriter's Laboratory
approved or certified by a sign electrician specialty contractor or licensed master
sign contractor, or an electrical contractor, that the sign meets the standards
established by the National Electrical Code, current edition. All electric signs
E
shall be erected and installed by an entity authorized to do so by chapter 6, and
shall be in conformance with the National Electrical Code, current edition. The
�t
15
Packet Pg. 3508
P.3.c
Exhibit 1
provision of electrical Power to a Power source or connection of a sign to existing
electrical service shall be by an entity authorized by chapter 6.
(2) Artificial light used to illuminate any sign from outside the boundaries of such
sign shall be screened in a manner that prevents the light source from being
visible from any right-of-way or adjacent property,
(3) Electronic message centers and digital signs shall comply with the following:
a. Electronic message centers and digital signs shall contain static, motionless
N
messages only,
b. Displaying any form of motion, or the optical illusion of movement, video or
varying light intensity is prohibited,
c. Each message on a digital sign must be individually complete and shall not
continue on a subsequently displayed message,
X
d. Audio mechanisms, producing sounds, messages or music are prohibited.
e. Brightness. Digital_ signs shall not operate at brightness levels of more than 0.3
foot candles above ambient light, as measured using a foot candle meter at a
pre-set distance. This requirement is based on levels established by the
Illuminating Engineering Society of North America (IESNA) for Light
Emitting Diode (LED) signage as amended from time to time.
v)
f. Each digital sign must have a light sensing device that will adjust the display _
brightness in real-time as ambient light conditions change so that at no time a v)
sign shall exceed a brightness level of three tenths (0.3) foot candles above
ambient light.
g. Photometric plan. Each building permit application for a digital sign shall be
accompanied by a photometric plan. The photometric plan shall demonstrate
the digital sign's maximum light intensity, in foot candles above ambient light,
shall not impact neighboring properties, maximum illumination measured in
footcandles at the property line shall not exceed 0.3 footcandles.
X
h. Malfunction. Digital signage shall have a default mechanism installed to either
turn the display off or only show black on the display in the event of a
�t
malfunction. �
a.
(g) Maintenance. All suns for which a permit is required by this chapter, including their
braces, suportsys and anchors, shall be maintained so as to present a neat, clean
E
appearance. Painted areas and sign surfaces shall be kept in good condition, and
illumination, if provided, shall be maintained in safe and good working order.
rder.
16
Packet Pg. 3509
P.3.c
Exhibit 1
(h) Discontinued signs. regulated Beginning July 1, 2020, discontinued signs shall be regulBe_inning July 1, 2020, discontinued suns shall be regulated as
follows:
(1) Sign structures that remain vacant, unoccupied or devoid of any message, or display
a message pertaining to a time, event or purpose that no longer _applies shall be deemed topplies shall be deemed to
be discontinued.
(2) A nonconforming sign deemed discontinued shall immediately terminate the right to
maintain such sign.
(3) Within sixty (60) days after a sign structure has been discontinued, it shall be the
responsibility of the property owner to remove the discontinued sign and conceal any and u
all damage to any other structure resulting from removal of the sign.
(4) Removal of a discontinued sign shall include all sign support components, angle .�
irons, poles and other remnants of the discontinued sign that are not currently in use or
proposed for immediate reuse as evidenced by a sign permit application.
X
(i) Sign programs for special identification siM
ca
(1) Community business directory signs. The county may work with FDOT District band
t�
local communities to develop a sign program that promotes businesses within
specific communities in the Florida Keys through the use of centrally located
multiple user business identification signs on U.S. 1.
(2) Community identification suns. The county may work with FDOT District 6 to U
- develop a sign program that identifies specific communities in the Florida Keys. The 0
county shall coordinate with local communities to incorporate a theme which v)
promotes the unique character of the local community.
(3) Off-premises special feature identification suns. The county may work with FDOT
District 6 to develop a sign program that identifies special features, tourist sites and
business districts. The county shall coordinate with local communities to select
appropriate landmarks to be identified.
(il Substitution of noncommercial speech for commercial speech. Any sign erected pursuant
to the provisions of this code may, at the option of the applicant, contain either a "
noncommercial message unrelated to the business located on the premises where the sign
is erected or a commercial message related to the business and located on the business
premises pursuant to the following regulations: �
a-
(1) The noncommercial message may occupy the entire sign face or portion thereof.
a�
(2) The sign face may be changed from commercial to noncommercial messages as
frequently as desired by the owner of the sign, provided:
17
Packet Pg. 3510
P.3.c
Exhibit 1
a. The size and design criteria conform to the applicable portions of this code,
b. The sign is allowed by this code,
c. The sign conforms to the requirements of the aplicable zoning designation, and
N
d. The apropriate permits are obtained.
(3) For the purpose of this sign code, noncommercial messages shall never be deemed _
off-premises sib
N
(k) Viewpoint neutrality. Notwithstanding anything contained in the chapter to the contrary,
no sign; or sign structure shall be subject to any limitation based upon the viewpoint of
the message contained on such sign or displayed on such sign structure.
Sec. 142-7. Temporary sins. a
E
The following shall n-., }pefmit btA still o stibjeet to Section 142-:
(1)Ba**efs. Ca
J
s"ar-e feet in area shall be r-e"ir-ed to obtain a pe t to Seetion 142 4;
tJ
tJ
J
(2)T2„s;,,oss ffil; t; ,, and law o„f t
CN
!�
„fe-ee ent pr-evided the total of stie . signs does not e*eeed f.,,,,-s o foot• CJ
tJ
r
n n n n n ,tom a mil. o� a n n 1' n ,, a n„ 1 't ��
open o�eloseE�—Sh shoes selie4i 'ceri
signs does not o ee s e footCL
• F®
(4) ( ,, ,,o t;t,o p1 .,,os
U
18
Packet Pg. 3511
P.3.c
Exhibit 1
N
foot ; o per-face .*.a eight foot in height; r
(6)Di-eet;.nal s
tJ
E. ,.lo n n n ;t n none n n mot, walk," nl. a' a
•> ; X
(7l
Eaeh btisiness fFentage shall be allowed to displa-y two flag a*y graphic--,
s"ar-e feet in size. There shall be no ntimber- or-size lifnit on t4e displa-y of the flag of a*),
J
tJ
tJ
J
> ef efjv,fe >
U)
(4) Gar-age to
Signs for- gar-age sales, pr-evided they are er-eeted not fner-e tha* 24 hetir-s prior-to the sale
CN
feti- e foot per-faee-
leeal or- r-eligietis holiday; pr-evided that stieh signs shall be displayed for- a period 0 :2
CL
tJ
J
r
IIi
U
19
Packet Pg. 3512
P.3.c
Exhibit 1
Signs beafi*g only pfepeft-y *ttmbefs, st+eet addfesses, mailbe* *timbers, esta+e names-,
(12)Poste pr-opel:., —
cn
Signs stieh as, btA not limited to, �he following, whieh indie4e �g," "beware
of n nno n O
> N
or- of stieh et
> > r
o p4lie right of .,; t8
tJ
(14)Window signs.
Window signs �ha+eelleetively eevef 35 t3efee*t of less of�he window glass stiffitee afea. ca
tJ
J
tJ
J
W
(1 G)New 1,,,s;,,o
CN
>eeding 120 days fFofn �he date of applieation for-a penna*ent *ded that:
tJ
a. Thefe is only one gfeinid mefffited of wall metnited sign;
e. The sign, if gfetnid metnited, does not e*eeed eight feet in height; and
CL
tJ
J
r
IIi
(1 ti)D l;t; l
politieal signs are signs on behalf of ea*didates for-p4lie offiee or- meastir-es on eleeti
ballets and shall be allowed as f;8llevv-s-.L
20
Packet Pg. 3513
P.3.c
Exhibit 1
.eet �hese eenditions shall eenstitt+te �he basis for- sign r-emoval by �he
, _
1S MN N nc P � cD c Ury AND Troia r ) politieal signs sb.a
��> SS, SR, r�r�Trroia �
*et e*eeed 16 sqttafe feet pef faee ef eight feet i* height a*d shall *et be iIItIffli*ft+ed;
CN
RNI, SC, a*d UG) politieal signs shall not e*eeed 32 s"ar-e feet per- faee in area or- eight feet 44+
(1 4)Real estate s
CJ
Realesta4e-signs per- Seetion 142 n-�-T C,
�eal�t e � e � Subject aceE � _
provisions within Section 142-6 (general provisions for signs), temporary signs that meet the U)
criteria and limitations set forth below shall be allowed, and shall not require a sign permit unless
specifically required below.
(a) A temporary government sign shall not require a sign permit and shall be allowed in
all zoning districts on public property and public rights-of-way.
(b) A temporary sign played on a window surface must be displayed on the inside of
the window surface, shall cover no more than 35 percent of the window surface, and shall
not be illuminated. ii
(c) Temporary signs on residentially zoned property utilized for residential Of.
r�
Mist'tutzo a[ uses shall be permitted subject to the following limitations:
c.
(1) No more than 3 temporary sign(s) not exceeding 6 square feet. (Note: If more
than one sign is allowed, the square footage should be cumulative)
E
(2) These temporary suns shall not be illuminated and shall contain only static
messages.
21
Packet Pg. 3514
P.3.c
Exhibit 1
(3) Signs shall not exceed 3 feet in height.
(d) Temporary suns on nonres identi ally zoned property shall be permitted subject to the
following limitations: 44
(1) No more than 3 temporary sign(s) not exceeding g 12 square feet. (Note: If
more than one sign is allowed, the square footage should be cumulative).
U)
N
(2) These temporary suns shall not be illuminated and shall contain only static
messages. u
(3) Suns shall not exceed 6 feet in height.
(4) Suns shall tiot be Utilized forr more thank 180 dlys ,per e r rI l -- -144e� �
x
CN
Sec. 142-48. Permanent Sims.
(a) Upon applie-ati-eN f9r and isstia*ee of a ktilding Fen�exset as indie4 Generally the
following signs shall not require a permit but must comply with section 142-6 and additional
standards of this subsection, unless otherwise provided below: be '�e''�degn
(1) Bench suns. Bench suns shall be allowed, upon approval of the Board of County
Commissioners, at any designated bus stops subject to the following limitations:
c.
a. Benches in residential areas shall not have signs, except a bench donor sign containing
the donor's logo or symbol, not exceeding two inches by 16 inches in size,
b. Benches in commercial areas shall be allowed to have signs on the back rest not to
exceed a total of six square feet, and
22
Packet Pg. 3515
P.3.c
Exhibit 1
c. Bench suns shall be limited to one per designated bus stop.
(2)Business affiliation and law enforcement suns.
Suns displayed upon the premises denoting professional and trade associations with
which the occupant is affiliated, and including, but not limited to, forms of payment
accepted by the occupant, and other suns pertaining to public safety and law U-
enforcement, provided the total of such suns does not exceed four square feet,
(3) Business information signs.
cv
Signsproviding information to customers related to the conduct of the business, provided
that such suns are posted on or near the entrance doors and the total of such suns does
not exceed six square feet,
(4) Commemorative plaques.
e(
Suns of recognized historical nature,provided no plaque exceeds 16 square feet per face. X
(5) Directional suns.
6 Flags.
a. Each business frontage shall be allowed to display two flags containing any j
commercial graphic, symbol, logo or other advertising message, provided that no such
flag shall exceed 50 square feet in size. Each flagpole shall require a permit and shall not v)
exceed 15 feet in height and must be set back at least 5 feet from the right of way as 0
measured to the flag. Flag poles must comply with side and rear yard setbacks. In no U)
instance shall a flag extend beyond the property line.
b. For each parcel and development site in residential use, two flagpoles may be installed
and no more than two flags displayed on a flagpole. Each flagpole shall require a permit
and shall not exceed 15 feet in height and must be set back at least 5 feet from the right of
way as measured to the flag. Flag poles must comply with side and rear yard setbacks. In
no instance shall a flag extend beyond the property line. For each principal structure on a
parcel in residential use, up to two flag brackets or stanchions may be attached or placed
for the display of flags, and each such flag shall not exceed twenty-four (24) square feet w
in size.
c. Where a scenic corridor or major street bufferyard is required pursuant to section 114-
CL
125(a) and (b), flagpoles shall only be erected in the immediate vicinity of a driveway.
(7) Hospitals or other emergency _facilities. In addition to other sine allowed under this
chapter, hospitals or other emergency medical facilities, excluding individual medical
offices, shall be allowed one additional illuminated ground-mounted or wall-mounted
sign not exceeding 32 square feet per face to identify each emergency entrance.
23
Packet Pg. 3516
P.3.c
Exhibit 1
(8) Interior property information suns as defined in Section 142-2.
(9) Memorial suns or tablets.
Suns including, but not limited to, names of buildings and date of erection when cut into
any masonry surface or when constructed of bronze or other noncombustible materials,
provided the total of such suns does not exceed eight square feet. Suns recognizing U-
persons or Points of historic interest may be Placed on any parcel, if applicable to the
Parcel, but shall not exceed four square feet.
(10)Nameplates.
Suns bearing only property numbers, street addresses, mailbox numbers, estate names,
the occupation of the occupant or names of occupants of the premises, provided the signs
do not exceed two square feet per sign face. .�
(11)Posted property signs.
X
Posted property signs provided they individually do not exceed 1.5 square feet in area per
sign and not exceeding four in number per lot, or of such number, spacing, and size as is
required per state statutes. Such signs shall not be illuminated nor shall they project over
any public right-of-way.
(12) Window suns.
Window signs that collectively cover 35 percent or less of the window glass surface area. U
Note: The abovementioned business information and business affiliation suns shall be z
_ tD
excluded from the computation of the window sing area.
N
(,) p,- m eti r l
i rr :>>,, :r aCL
3. Limited to t: pFemet; r gnson�ho r o o f�ho 0 ors•
,
a terse-eve*
24
Packet Pg. 3517
P.3.c
Exhibit 1
E)nal sign is efeeted is granted.
opr-evidedwithin f4ve days after-stieh event-,
''�ate*eeed 128 s"ar-e feet;
3. Are leeated on the 0 0 of the event.
n
(��
-) ------1
estate --ia--. .
X
s"ar-e feet per- faee ineltiding r-ider-s, per-pr-epeft-y shall not F—fnit, pr-evided
the sig* isi CJ
CJ
1 Net illtimi*ated; a*-I ca
7 r,-.,,,,,.a fnetmted signs shall not e*eeed eight feet i height,
b. Real estate I.D., -.1-eeding si* s"ar-e feet. Real estate signs e*eeeding si* S"ar-e feet.
CN
CJ
sig*s shall *et e*eeed eight feet i* height.
• ��77.��� "a
:i-ctt3'seetio 11 ll, '� (i) of this seetion,shall be allowed non ;11, -mated gr-etmd
miy -ve crecto J�e�cr�-� -riicc feet of�f e atc e st reetr Stieh '
LU
CL
designated btis steps stibjeet to t4e following limitations:
U
25
Packet Pg. 3518
P.3.c
Exhibit I
a total of si*sgzar-e feet;
e. Beneh signs shall be lifnited to one per- design4ed btis step.
(b)Permanent signs in residential areas and areas of low intensity- a
(CD, CFV, IS, MN, NA, OS, PR, SS, SR,
SR-L, UR, URM, URM-L) shall require a permit and beare restricted as follows:
U)
N
(1) Commercial and other nonresidential uses. Commercial and other nonresidential uses
within the land use (zoning) districts, CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR-L,
UR, URM, URM-L, which are adjacent to U.S. 1 shall be regulated pursuant to section
142-(8) (b) gib ee6e (3) of *his seetibelow. Unless otherwise provided for in this
chapter, all other commercial and nonresidential uses in these land use (zoning) districts .�
shall be allowed one ground-mounted sign and wall-mounted signage which shall be
limited as follows:
X
a. The ground-mounted sign shall be limited to 32 square feet in area per face and eight
feet in height; and
b. Wall-mounted signage shall be limited to a total of 32 square feet.
(2) Residential subdivision or condominium sign.
a. One permanent, wall-mounted or ground-mounted sign, for identification of the U
subdivision or residential development -e name of *he z only r'. *
0
, may be granted a permit at each main
entrance into such subdivision or development from each abutting street.
b. The following limitations shall apply:
1. The subdivision or development shall have a homeowner's association or similar
entity that will be responsible for permits and maintenance of the signs;
2. The face of each sign shall not exceed 32 square feet;
x
3. The maximum permitted height shall be eight feet; and
w
4. The sign may incorporate, or be incorporated into, accessory entrance structural
CL
features such as a project wall or landscaping.
(3) Institutional uses and private parks. Institutional uses, private parks and similar uses shall
be allowed one ground-mounted sign and wall-mounted signage that shall be limited as
follows:
26
Packet Pg. 3519
P.3.c
Exhibit 1
a. The ground-mounted sign shall be limited to 32 square feet in area per face (a
maximum of 64 square feet for all faces) and eight feet in height;
b. Wall-mounted signage shall be limited to a total of 32 square feet; and
c. An additional 16 square feet in area per face may be added to the ground-mounted sign
for the exclusive use of a changeable copy sign. U_
Ch
(4) Electronic message centers and automatic changing signs. Electronic message centers and C
automatic changing signs shall be prohibited in residential areas and areas of low v)
intensity (CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR-L, UR, URM, URM-L).
(c) Permanent signs in commercial/nonresidential areas (AD, Cl, C2, CFA, CFSD, DR, I, MF,
MI, MU, RV, SC, UQ shall require a permit and-
Sign allewa*ees in eemmer-eial a*d e�her-nonresidential areas (AD, G!, G2, GFA, GFSP, DR-,-I-,
whose size and number shall be ealettl&"permitted based on the
amount of property frontage and business frontage as follows: X
(1). Ground-mounted single-tenant/occupant signs. Every developed parcel of land with a
commercial or other nonresidential use shall be allowed the following ground-mounted
signage:
a. One illuminated or non-illuminated, ground-mounted sign of a height not more than 24 J
feet shall be allowed for each frontage as indicated in the following table:
v)
Permitted Size of Nonresidential Signs per Property Frontage
cv
Street Frontage Maximum Area Total Face Area
(Linear feet) Per Face (square feet)
(square feet)
c,
Frontage on U.S. 1 or a frontage road adjacent to U.S. 1:
1 ft. to 150 ft. 75 sq. ft. 150 sq. ft. x
w
151 ft. to 300 ft 100 sq. ft. 200 sq. ft.
CL
Over 301 ft. or more 200 sq. ft. 400 sq. ft.
m
Frontage on county roads, shorelines or runways:
27
Packet Pg. 3520
P.3.c
Exhibit 1
1 ft. to 150 ft. 40 sq. ft. 80 sq. ft.
151 ft. to 300 ft. 60 sq. ft. 120 sq. ft.
Over 301 ft. or more 80 sq. ft. 160 sq. ft. CN
2
cv
b. Parcels that are on a corner of two public streets shall be allowed either:
1. One ground-mounted sign for each property frontage; or
2. One ground-mounted sign with exposure to both streets with up 1.5 times the -�
maximum amount of area allowed on any one property frontage.
e(
c. Where a street or highway is divided as occurs on Key Largo, which results in a parcel X
of land in the median of the street or highway then the property shall be considered to
have a frontage on each side.
d. Service stations, convenience stores, marinas, or other facilities dispensing fuel to the
public shall be allowed to add to each authorized ground-mounted sign, an additional
40 square feet or 20 square feet per face of signage for the exclusive use of a
changeable copy sign
v)
e. A school, church, day-care center or other similar use shall be allowed to add an _
additional 64 square feet or 32 square feet per face of signage to the ground-mounted v)
or wall-mounted sign for the exclusive use of a changeable copy sign.
f. Individual charter boats shall be allowed a ground-mounted sign at the charter boat's
dock slip, provided the sign does not exceed a total of 32 square feet and there is no
more than one fish replica. Signs allowed under this provision shall be exempt from
shoreline setback requirements.
g. Drive-through or carry-out services shall be allowed up to two ground-mounted signs
per lane �h4 eafFies only �he name of�he establishment a*d �he etir-r-ent list a*d pnee
v ewednot viewable from any right-of-way and provided that the total sign area is
limited to a maximum of 40 square feet.
a.
h. Any parcel that does not have a ground-mounted sign as defined in Section 142-2 shall
be allowed a single A-frame sign in place of the ground-mounted sign. Such A-frame
E
signs shall meet all of the following standards:
28
Packet Pg. 3521
P.3.c
Exhibit 1
1. A building permit shall be required prior to the sign's erection and the building
permit number shall be permanently affixed to the sign in a plainly visible
manner;
2. The sign shall be no greater than three (3) feet in width and no greater than four (4)
feet in height, exclusive of legs that can be no more than six (6) inches in height;
3. The sign shall be of A-frame-type construction, with only two sign faces that are
joined at the top;
U)
4. The sign i-sshall be portable and not permanently affixed to the ground;
5. The sign i-sshall be located on athe private parcel of land a*d identifies ^on which �
the business is also located . The sign
may not be located on a public right-of-way or walkway; .�
76. The sign shall not be located in a clear sight triangle;
87. The sign shall not be illuminated or electric and shall not have any electric
devices attached thereto; and
98. The sign shall be stored indoors during tropical storm/hurricane watches and
warnings and other severe weather advisories; v)
z
i. Ground-mounted multi-tenant/occupant signs. Every developed parcel of land with
greater than one commercial or other nonresidential use shall be allowed additional
ground-mounted signage area if granted an Administrative Variance as etAli*e u
i*Rjl want to Section 142-65.
(2) Wall-mounted signs.
a. Signs painted or attached to the surface of awnings, parapets, mansards and similar
roof and building elements shall be considered wall-mounted signs for purposes of
determining compliance with the requirements of this chapter. "
b. Wall-mounted signs shall not extend above the facade of a building or project outward
more than 24 inches from the facade or wall to which it is attached.
a.
c. Each individual business frontage shall be allowed wall-mounted signage equal in area
to two square feet times the length of the individual business frontage.
E
29
Packet Pg. 3522
P.3.c
Exhibit 1
d. A commercial or other nonresidential building located on a corner of two public streets
shall be allowed wall-mounted signage on the wall not considered to be the front(i.e.,
a side street) equal in area to one square foot times the length of such wall.
e. The side of a commercial or other nonresidential building not on a corner of two public
streets shall be allowed wall-mounted signage on the side walls equal in area to one-
half square foot times the length of the side of the building. U_
f. If the rear of a commercial or other nonresidential building faces a public street or
public parking lot, a wall-mounted sign up to a maximum of eight square feet shall be
allowed per individual business.
g. On a multistory commercial or other nonresidential building, wall-mounted signage
shall be permitted for each additional floor as outlined in subsection b 2 .c. of this
section. '
h. Theaters, museums, auditoriums and fairgrounds and similar uses providing regular
shows shall be permitted an additional 50 square feet of a changeable copy wall- X
mounted sign. Along the wall adjacent to the ticket windows, a theater may display,
without requiring a sign permit, one poster up to 12 square feet for each movie being
shown.
i. Drive-through or carry-out services shall be allowed one wall-mounted sig t4at earenly �he name of�he establishment a*d�he etir-r-ent list a*d pr-iee of goods or- seR,iee&
ailable i *he est bli h, e*t and : et i*te*ded to be 14ewednot viewable from any W
right-of-way and provided that the sign is limited to a maximum of 40 square feet.
z
(3) Canopy signs. One sign per business entrance shall be allowed to be erected underneath,
and extending downward from, a canopy along the front of a building,provided:
a. The sign does not exceed eight square feet per face;
b. The sign is permanently attached and does not swing;
c. The sign is perpendicular to the facade of the building; and
d. The sign is located above a walkway. "
c�
(d) Off-premises signs.
CL
Any nonresidential, lawfully-established business located on U.S. 1 shall be allowed to dedicate
any portion of its allowance for one (1) ground-mounted sign to another nonresidential, lawfully-
established business not located on U.S. 1. The side street intersecting U.S. 1 used to access the
E
other nonresidential business shall be located within one-half mile of the property on U.S. 1
providing the off premises signage. Such off-premises signage shall be limited to one sign face
30
Packet Pg. 3523
P.3.c
Exhibit 1
per direction on U.S. 1. Off-premises advertising is also subject to subsections (c)l. and (c)2. of
this section and to regulations pursuant to F.S. Chapter 479.
A permit must be obtained from the Florida Department of Transportation (FDOT) Outdoor
Advertising office for any off-premises sign that is within 600 feet of the nearest edge of the U.S.
1 right-of-way and/or is visible from U.S. 1. New permits will not be issued for off-premises
signs visible from a designated scenic highway (Rule 14-10(4)(c) Florida Administrative Code).
The Building Department shall not issue any building permit for an off-premise sign until the
applicant provides documentation from the FDOT indicating that a proposed off-premise sign is
permitted by the FDOT or that a permit is not necessary from the FDOT. It is the responsibility v)
of the applicant to obtain all federal, state and local permits for any off-premises sign.
All Signs.
t�
The r-eEtttir-eme*ts ef�his seetie* shall apply te all signs whe�her- er-*et a permit is r-eqttir-ed tt*less.
�i.on:,;so noted below,
X
(1) The sign area shall be meastir-ed f+em �he etAside edges ef �he sign er- sign f+affle-,
less �han �he per-fnit4ed sign area. In the ease of wall nietinted signs w4hetA border- or-
(a) Meastir-enient of sign area.
(2) When a single sign s'--e:Hir-e is tised to s"pet4 two or- fner-e signs, or- ufleenneeted U)
elements ef a single sig", e stti4ee area shall eempr-ise �he s"ar-e feetage w4hiff �he
(3) Wher-e signs are installed baek to baek, be�h faees shall be eetinted as sign
cv
area.
(b) xao s,,,ow,ort f s;nr i.o;ni.t
stf+tetttr-e te �he fi*ished gr-ett*d ele-,,a+ie* ef �he site a+ �he base ef �he sign. I* *e event sh
CL
(6) 1 06ati r f signs.
(1) Clear- sight t+iangle. Ne sign shall be er-eeted �ha+ wetild impair- visibilit-y a+ a st+
31
Packet Pg. 3524
P.3.c
Exhibit 1
N
N
CJ
x
• CJ
CN
ever- 20 feet in height shall be designed by a* --,,.ster-ed in �he state. Stmettir-al
x
of loss th ,, nn s o foo�; r+,., 0; mit 0
or- eet4if4ed by a sign el eiaky eefftfaeter- or- master- sign eentfaeter-, or- an
Eleetfieal Code, etir-r-ent edition. All eleetfie signs shall be er-eeted a*d installed by an
32
Packet Pg. 3525
P.3.c
Exhibit 1
.,�
Chapter-
�� ����
e6� Tee 4 the N �ienal Eleetfie lcccl Code, cdr-r-ent edition. The he pr-e=v'-sieff of
sen4ee shall be by an entity atAher-ized by Ghaptef-6,
t�
r
N
shall be sefee*ed in a man*ef �hat pfeve*ts �he light settfee fiem being visible f+em U-
any right of way or-adjaeent pr-epet:t�-
CN
following: r
; U
> E
3. AGS signs shall be e"ipped w4h an operational night dinifning deviee; and X
4.Ot4e- tb.a t e ser-olling of 44en messages animated gr-aphies,a
prohibited-.
ca
and signs to t4e s"peFting ktilding or- stfuettir-e shall be of galvanized steel or- 0
N
(6) Sign a*eher-ing. No sign shall be stispended by ehains or- e�her- deviees �hfft will allow t
Sign te Swing dtte te wind aetie*. Signs shall be aneliefed te pfe-,,e*t any la+e
(7) De4le faeed signs. De4le faeed signs w4h opposing faees having an
�he sign.
(e) Sign identif4eation and mar-king,
Unless speeif4eally ekenipted fFofn r-ements of t4is ehapter-, no sign shall hereafter-be
CL
33
Packet Pg. 3526
P.3.c
Exhibit 1
a*d a*eher-s, shall be maintained as to present a ne4, elea* appear-a*ee. Painted areas a*d
sttffaees shall be kept i* geed ee*d4ie*, a*d illttmi*a+ie*, if pfe-vided, shall be maifftaiffed il+
safe a*d good working or-der,
(g) Responsibility. CV
y
shall eaeh be held responsible for-adher-enee to tl.;" .hapto,- a*d Chapter-ti
CN
(a) Ptwpese-.
0 fFofn eet4ain0 0 0 �
X
freer- tertenant, btisi„o"" Lien) fJ
2 � -vixsnicrr-vr�icmzucrorrj
ni"rr;rn "rd>~rt,;, r ,,ort"i yo" ,,, Dop",t,,ort
N
r-eqttir-ements for- gr-otind metinted signs t44 aeeemmodate more t4an a single t1ser- only i-f
CJ
CJ
r
ownersin t4e ifnfnedi4e vieinit-y; -
app
CL
aeh tiser- shall be per-fnit4ed only a single identifie4ien sign per- eaeh faee/side of t4e
34
Packet Pg. 3527
P.3.c
Exhibit 1
defile sided signs-=aiiess--a van nee--is gr-af4ed by the nl.,„ ing Geffi,„ssieff CN
Ch
g. Stieh a gr-etmd mounted sign shall not be eenstmeted within 40 linear- feet of a*
CN
in eetio 14-T
Seetien 142 6(b)(2' w4hin tin days f she Dl.,,, ing r,a Envi,- n ental Resetir-ses
N
X
de
CL
14 r-e"ested in writing by the applieant, or- a* aEk,er-sely affeeted owner- or-resident of r-eg
hearing shall be sehedtiled on the applieation. All eests of�he p4lie hearing shall be
35
Packet Pg. 3528
P.3.c
Exhibit 1
(e) Nla-; ees gr-af4ed by rho nl »ring r,,,,,mis r r
cv
y
cv
nl ,a»ring r Ent,;,- anent l Rese r�,, epaftmefAail of the following sta*dar-ds are fne:t�.L
CJ
x
CJ
C)
CJ
cv
C„
g.
CJ
CJ
The N Nee-shall n gn e?kpr-ess.sly proibited in Seetion 142 3(b)
CL
applieatio" r,a all „ l• o o t er-ete a*d prepare a -staff r-owith
36
Packet Pg. 3529
P.3.c
Exhibit 1
cv
G,.mm iss shall isstte a it4e*-,,aFia*ee ,7,,eisiei
y
Sec. 142-9. Government Signs.
cv
(1) Signs required or provided at the direction of county, state or federal governmentre required or provided at the direction of county, state or federal government
shall be allowed on public right of way without a sign permit but shall comply with
the county building code and other applicable regulations of the county, state or
federal government. Such signs may include: .�
(a) The erection of government signs in the right-of-way of U.S. 1 as are
otherwise allowable pursuant to state or federal law. Examples of X
government signs shall include, but not be limited to, "Welcome to the
Florida Keys," "Thank You for Visiting the Florida Keys," and signs that
identify recognized communities or municipalities, and
(b) Traffic control signs erected by the county, state or federal government.
(2) Any sign erected by or at the direction of the federal, state, or county government as j
required by statute. Such signs shall not reduce the authorized size or number of signs
otherwise allowed by this chapter. All signs allowed pursuant to this paragraph shall v)
be the minimum necessary to comply with the applicable law. 0
v)
Sec. 142-710. Nonconforming Signs.
Lawfully established signs which become non-compliant and or nonconforming to the current
regulations as a result of any amendment to this chapter may continue only as follows:
c,
(a) For nonconforming ground-mounted signs, changes of eepy, ' type style, size or-a d
color changes; may be performed, provided that a permit is obtained and r,- vide,a t44 toe
X
Ifivelving t4e name of the btisinesses or- establishments depieted by the Si shall Ailly
in compliance with the requirements of this chapter.
(b) No permit shall be issued for repair or reconstruction of any nonconforming sign structure
where such work would be more than 50 percent of the replacement cost of the sign, unless
the sign is brought into compliance with the requirements of this chapter. Neither shall the
cumulative costs of repair or reconstruction exceed 50 percent of the replacement cost of any
E
nonconforming sign. The Planning and Environmental Resources Department shall maintain
an independently verified schedule of the replacement cost of signs.
�t
37
Packet Pg. 3530
P.3.c
Exhibit 1
(c) Determinations of nonconforming signs shall be made such that ground-mounted signs are
treated separately from wall-mounted and all other signage. For example, where both the
ground-mounted and wall-mounted signs of a particular parcel are nonconforming, the
change of type style, size or color of copy of a wall-mounted sign shall not require that the
ground-mounted signage be brought into compliance. However, where a sign other than a
ground-mounted sign is required to be brought into compliance, all of the signs of an
establishment other than the ground-mounted signs shall be brought into full compliance with U_
this chapter.
(dc) Signs that cannot comply with the requirements of this chapter may be allowed to continue
if designated as a historical or cultural landmark pursuant to Chapter 134, Article III. The
specific conditions under which a designated sign is allowed to continue shall be set forth in
the resolution of the Board of County CommissionersOGG.
Sec. 142-11. Penalties. .�
Penalties for violation of this chapter shall be as provided in Chapter 8 of the County
Code. X
Sec. 142-812. Speehil identifietition Severability.
signs, cv
X
eeninitinities to 1 r,afna-ks t be identi o a
(a) Generally. It is the declared legislative intent of the county that if any part, section,
CL
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this sign _code
is declared unconstitutional by the final and valid judgment or decree of any court of
competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any
E
other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or
word of this code.
38
Packet Pg. 3531
P.3.c
Exhibit 1
(b) Severability where less speech results. This subsection shall not be interpreted to limit the
effect of subsection (1) above, or any other applicable severabilily provisions in the land
development code or any adopting ordinance. The county specifically intends that
severability shall be aplied to these sign regulations even if the result would be to allow less
speech in the county, whether by subjecting currently exempt signs to permitting _or by some
other means.
(c) Severability of provisions pertaining to prohibited suns. This subsection shall not be
interpreted to limit the effect of subsection (1) above, or any other applicable severability
provisions in the land development code or any adopting ordinance. The county specifically U)
intends that severability shall be applied to prohibited suns and prohibited sign locations, so
that each of the prohibited sign types listed in that section shall continue to be prohibited
irrespective of whether another sign prohibition is declared unconstitutional or invalid.
(d) Severability of prohibition on off-premises suns. This subsection shall not be interpreted to .�
limit the effect of subsection (1) above, or any other applicable severability_provisions in the
land development code or any adopting ordinance. If any or all of the sign code, or any other E
provision of the county's land development code is declared unconstitutional or invalid by the X
final and valid judgment of any court of competent jurisdiction, the county specifically
intends that that declaration shall not affect the prohibition on off-premises suns.
See. 142 9. Guidelines for- the size of leffer-i
�-
cv
X
CL
39
Packet Pg. 3532
P.3.c
Exhibit 1
(a) Ale*g 35 mile pef hetif(mph) feadwaysi(b) Ale*g 40 mile pef hetif(mph) r-ead-waysi
Size of Lettering for 40 mph Roadways
�11" —12' 13' —14" 15"
r
400
390
N
300
CV
.2.50
0K 200
— - _---
t
IDD
$ 1t"
5a
0 10 20 30 40 50 W 70 00 90 100 110 LM 130 140 150
Distance between the sip and the Dri%e, (Off Set-ft.)
Determine the location of sign parallel to the roadway (Lateral Uistance� and the distance W
between the sign and the drirreway(Off-Set). Plat the ant corresponding to the lateral and off
set distances.Select the letter size corresponding to the fine inducting or immediately move the Z
plotted paint_When a sign is intended to serve both approaches, plot a point for each approach
and select the larger letter size.
Neasute&Uncc between Ins sip and �
the beoming of the day for signs
Assume a 0 ft.distance for signs fn dta+ trearer of the drivtw ay f edge or taa+Pl;
1' setd►ataax
advance of the ddreway f4teral d%sm—i Ca
fotr-setdstance)
uj
uj
uj
P kmitiDn
Owstrre dish a h+cm 05*
fidgedb7WIane AlCL
te'tts ' .•
(rafltrat drsraArae) on
cash
U
40
Packet Pg. 3533
P.3.c
Exhibit 1
Size of Lettering for 45 mph Roadways
350
CD
P'
300
W
250
3 N
200
'
150 y,15
9
ld� U
a 100 13„
50
I 1
0 l0 20 30 50 50 GD 70 90 90 100 120 120 W
Distwce between the Sign and the DrWfty"(off-set-ft.) J
rJ
rJ
Determine the location of sign paraflel to the roadway (Lateral Distance) and the distance ca
between the sign and the driveway(tiff-Set). Plot the point corresponding to the lateral and off- >-
set distances. Select the letter size corresponding to the line including or immediately above the
plotted paint When a sign is intended to serve both approaches, plot a point for each approach
and select the larger letter size.
Measure distance between the rigor a:,Yd
the beginnin of ft driveway for signs
WeaAssume a o ff.distance>�signs In dw-se distance)
of t) driveway edge o f
advance of the dfiv wy j o&set distance) ai distances N
(otFset distance r
® t8
Edge of?.vrel Gene
Esge d 7 -terseTtf-
4
Potential location
Veaswv distance from of sign
edge of travel line Uj
rSttemate kiraoan
;yateras distance) of sign
Uj
CL
(d)Along 50 mile per-hetir-(fnph) roadways: E
41
Packet Pg. 3534
P.3.c
Exhibit 1
Size of Lettering for 50 mph Roadways
-15, -16" -17"
350 CD
r
r
3D0
250
� y
200
.®
C
17"
w r
150
� 16"
a 100 15
50 E
0 X
0 10 20 30 40 50 60 70 M 90 iao 110
Distance between the Sign and the Driveway(Off-set-ft.) U
J
Determine the location of sign parallel to the roadway (Lateral Distance) and the distance
between the sign and the driveway Off-Set). Plot the point corresponaing to the lateral and off-
set distances. Select the letter size corresponding to the line including or immediately above the
plotted point_When a sign is intended to serve Moth approaches, plot a point for each approach
and select the larger letter size.
Yeaserre distance between the sign and W
the GegWring of the driveway for signs
downstream of the driveway Measure distance ftni
Assumea011 a6statrce signs m ofhavef iarie
advance of fhe driveway l otf set dtanee/ iF cttstarace
' taff set dis>a�cei
Edge of-w of Lane
Esgee4T�.c.•:ane® .,,....... .,,.,...,..
r
P�sten5at focoafian
Weasure distance from of sign
edge of travel cane
lateral distance) of signLIJ
CL
LIJ
42
Packet Pg. 3535
P.3.c
Exhibit 1
Size of Lettering for 55 mph Roadways
CD
350
_ W
U)
:50 CV
2fit"
a U
� 150
iS"
0. 100
50 U
J
-+ U
0 U
0 14 20 30 40 so 90 '70 s3 90 100
oista xe between the Sign and she ts&eway(off-set %) �-
Determine the location of sign parallel to the roadway (Laterat [distance) and the distance
ixfveen the sign and the driveway(Off-Set). Plot the point corresponding to the lateral and off-
set distances. Select the fetter size corresponding to the fine including or immediately above the
plotted point.When a sign is intended to serve math approaches, plot a point for each approach
and select the larger letter size.
#fiaUum the sign&W �
the ng of gat daim"Y for 54M
A3sattrx a ff R.dicta a signs im downstream&ihe " y Moir"difW frrnn
adYanffi of$Pe tif'i�eMay* f 41-S2f Um* edge of ftaoW lw*
z,
Off set disumei U
X
uj
ems.aTrond
uj
... .
tsatendal
Measwe d4tiow hl*M align CL
edge ad vow lane After"kcitkw
aldxstancq) align
U
43
Packet Pg. 3536
P.3.d
s
2
3 e
4 Wrwep �¢
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOA OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -202
10
11
12 AN ORDINANCE Y THE MONROE COUNTY BOARD OF
3 COUNTY COMMISSIONERS E I G MONROE COUNTYc,
14 LAND DEVELOPMENT CODE CHAPTER 142 SIGNS; �
15 PROVIDING FOR SEVE A ILITY; PROVIDING FOR REPEAL
16 OF CONFLICTING O ISIO S PROVIDING FOR
17 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
18 AND THE SECRETARY OF STATE; PROVIDING FOR
19 INCLUSION IN THE MONROE COUNTY AN EVEL P T
20 CODE; PROVIDING FOR AN EFFECTIVE DATE.
21.
22
�-
23
24 WHEREAS, on August 22, 2019 a community meeting was held, as required by LDC
25 Section 102-159(b)(3), to discuss the proposed nand Development Cade text amendment, and to
26 provide for public participation; and
27
28 WHEREAS, on October 22, 2019 the Monroe County Development Review Committee
29 (DRC) considered and reviewed the proposed amendment at a regularly scheduled meeting; and c®
30
31 WHEREAS, staff is recon-mending approval of the proposed amendments to Monroe
32 County Land Development Code Chapter 142 to address development regulation related to signs,
33 particularly in light of the United States Supreme Court case of Reed v. Town of Gilbert, 576 U.S.
34 (2015); and
35
36 WHEREAS, the Monroe County Planning Commission held a public hearing on
37 Decen-ber 18, 2019, for review and recommendation on the proposed amendment, and
38 recommended approval with changes through Resolution P56-19; and
39
40 WHEREAS, at a regularly scheduled meeting held on the 19`h day of February, 2020, the
41 Monroe County Board of County Commissioners (BOCC) held a public hearing, considered the e®
42 staff report, and provided for public comment and public participation in accordance with the
CL
43 requirements of state law and the procedures adapted for public participation in the planning
44 process; and
45 E
File#2019-100 Page 1 of 46
Packet Pg. 3537
P.3.d
I WHEREAS, the BOCC tabled the item and asked staff to gather more information on
CD
2 certain types of signage and the impacts of the proposed amendments; and
3
4 WHEREAS, at a regularly scheduled meeting held on the 15th day of July, 2020, the N
5 Monroe County Board of County Commissioners (BOCC) held a second public hearing, 03
6 considered the staff report and presentation, and provided for public comment and public
7 participation in accordance with the requirements of state law and the procedures adopted for
8 public participation in the planning process; and
9
10 WHEREAS, based upon the documentation submitted and information provided in the
11 accompanying staff report, the BOCC makes the following Conclusions of Law:
12
13 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
14 Monroe County Year 2030 Comprehensive Plan; and
15 2. The proposed amendment is consistent with the Principles for Guiding Development
16 for the Florida Keys Area of Critical State Concern, Sec. 380,0552(7), F.S.; and
17 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute; and
18 4. The proposed amendment is necessary due to consistency with the Comprehensive Plan
19 and the principles for guiding development, as required by Section 102--158 of the
20 Monroe County Code;
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
23 W
24 Section 1. The Monroe County Land Development Code is hereby amended as follows:
25
Proposed Amendment (deletions are str4ekefi through; additions are shown in underlined). >
26
27 Chapter 142 SIGNS
28 Sec. 142-1. Purpose and Intent. W
29 The purposes and intent of this chapter are to promote the public health, safety and general welfare
30 through reasonable consistent content neutral and non-discriniinatory sin standards. The sin N
31 standards of this chapter are intended to meet the statutory requirement of Section 163.3202
32 Florida Statutes, for county land development regulations that regulate signage. The. ar+�e also
33 intended to implement the Monroe County Year 2030 Comprehensive Plan, especially Objective
34 101.15 "Monroe County shall enforce and maintain the existing sin regulations in order to
35 maintain and improve the visual character of the County and protect adjacent land uses" and
36 Objective 301.6 ("Monroe County shall provide a transportation system that facilitates scenic
37 corridor enhancement and beautification within the Florida Keys"). The sign regulations are
38 especially intended to address the secondary effects of signage that may adversely impact
39 aesthetics and safety. They are not intended to censor speech or to regulate viewpoints, but to CL
40 serve substantial governmental interests and in some cases compelling overnmental interests
41 such as traffic safety and warning signs of threats to bodily injury or death.. a
File#2019-100 Page 2 of 46
Packet Pg. 3538
P.3.d
I Monroe County is a vital, primarily resort community, uniquely situated at the southernmost area
CD
2 of Florida in an historic and environmentally sensitive area. It is a designated Florida Area ofCD
3 Critical State Concern, and its major transportation corridor is U.S. Route 1, also designated the
4 Florida Keys Scenic Highway and a Federal Scenic Highway Corridor. The economic base of the N
5 county is heavily dependent on visitors from all over the nation and the world. In order to preserve 03
6 and promote the county as a desirable place to live,work and play, a pleasing, visually attractive `-
7 and safe environment is very important. The regulation of signs contributes significantly to
8 achieving these ends. -
-
9 It is further the puMose and intent of the sign regulations are-to:
10 (1) Facilitate the implementation of goals, objectives and policies set forth in the
11 comprehensive plan relating to sign control, community character and scenic resources and
12 protection of areas from incompatible uses;
13 (2) Promote and maintain convenience, safety, property values and aesthetics by establishing
14 a set of standards for the erection, placement, use and maintenance of signs that will grant
15 equal protection and fairness to all property owners in the county;
16 (3) Provide a simple set of regulations that will minimize intricacies and facilitate efficiency
17 of permitting functions and thus assist the regulated public;
18 (4) Encourage signs that help to visually organize the activities of the county, and lend order
19 and meaning to business identification and make it easier for the public to locate and
20 identify their destinations;
N
21 (5) Regulate the size, number and location of signs so that their purpose can be served without
22 unduly interfering with motorists and causing unsafe conditions;
N
23 (6) Promote the general welfare, including enhancement of property values and scenic
24 resources, so as to create a more attractive business climate and make the county a more
25 desirable place in which to visit, trade, work and live;
26 (7)Improve pedestrian and traffic safety y regulating signs so as not to interfere with, distract,
27 or obstruct the vision of motorists, bicyclists orpedestrians-, 03
28 (8) Provide standards regarding the non-content based aspects of signs which are consistent
29 with state and federal law;
30 (9) Assure that the benefits derived from the expenditure of public funds for the improvement
LU
31 and beautification of streets, sidewalks,public parks,public right-of-way, and other public
32 places ands aces are protected by exercising reasonable controls over the h sical
33 characteristics and structural designgns;
34 (�10) Be fair in that everyone receives equal and adequate exposure to the public and no one
35 is allowed to visually dominate his neighbor;
File#2019-100 Page 3 of 46
Packet Pg. 3539
P.3.d
I (�11) Authorize the use of signs in commercial and industrial areas that are:
CD
2 a. Compatible with their surroundings;
N
3 b. Appropriate to the type of activity to which they pertain;
4 c. An expression of the identity of the individual proprietors and the community as a whole;
5 and
N
6 d. Large enough to sufficiently convey a message about the owners or occupants of a
7 particular premises, the commodities, products or devices available on such premises,
8 or the business activities conducted on such premises, yet small enough to prevent
9 excessive, overpowering advertising which would have a detrimental effect on the
10 character and appearance of commercial and industrial areas, or which could unduly
11 distract the motoring public, causing unsafe motoring conditions;
X
12 (3 2) Te4Limit the number, type and size of signs in noncommercial areas to protect the
13 character and appearance of noncommercial areas.
14 Sec. 142-2. Definitions.
CO
15 The following words, terms and phrases, when used in this chapter, shall have the meanings
16 ascribed to them in this section, except where the context clearly indicates a different meaning: W
17 Area of a sign. Refer to Section 142-5(1).
N
18 Banner means any suspended sign made of any flexible material such as,but not limited to, cloth,
19 plastic or paper whether or not imprinted with words or characters.
N
20 Billboard means any sign that is required to be registered with the Florida Department of
21 Transportation (FDOT) pursuant to F.S. Chapter 479 and exceeds the size limitations set forth in
22 Section 142-4 of this chapter.
23 N
24 Ghan-geable eepy sign speGifieally designed fer the use of r-epjaeeable eepy that does
25
26 Changeable copy sign means a sign with the capability of content change by means of manual or
27 remote input, including the followingtypes:ypes:
LU
28 Manually activated. Changeable sin whose message copy can be changed manually on a
CL
29 display surface.
30 Electronic message center means an electronically activated changeable copy sign whose E
31 variable message capability cgpability can be electronically programmed. c,
File#2019-100 Page 4 of 46
Packet Pg. 3540
P.3.d
1 Digital-signs (see below).
2 Clear sight triangle means a triangular-shaped area at any driveway connection to a public street
3 and at all street intersections, as required in Section 114-201, in which nothing is allowed to be N
4 erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight of
5 motorists entering or leaving the driveway or street intersection. Also referred to as clear vision y
6 triangle.
7 Copy means the text or graphic representations of a sign that depict the name of an establishment, `~
8 products, services or other messages, whether in permanent or removable form.
9 Digital sin means any digital display using technologies such as LCD LEDprojection and e-
10 gaper to display digital images.
11 Erect means, in the context of this chapter, to build, construct, attach, hang, place, suspend, affix
12 or paint a sign.
13 Facade means the face of a building or structure is most nearly parallel with the right-of-way line
14 under consideration, including related architectural elements such as awnings, parapets and
15 mansard roofs but excluding signs attached to a building that are not otherwise incorporated into
16 such architectural elements. CO
17 Face of sign means the planes of a sign on which copy could be placed, including trim and W
18 background. r,
19 Flag means a piece of light weight, flexible material such as cloth or plastic with one side attached
20 to a pole and the other end flying freely.
21 Frontage, business means the horizontal linear distance measured along the facade of an individual N
22 business. Also referred to as "business frontage."
23 Frontage, property means the distance measured along a public or private right-of-way or
24 easement including canals, shorelines and runways that affords vehicular access to the property
25 between the points of intersection of the side lot lines with such right-of-way or easement. Where N
26 a street or highway is divided as occurs on Key Largo, a parcel of land in the median of the street 03
27 or highway shall be considered to have a frontage on each side. All parcels that abut U.S. 1 or
28 County Road 905 shall be considered to have a frontage on such roads regardless of whether a
29 curb cut exists. Also referred to as "property frontage."
30 Government sign eans any temporary or permanent sign erected by or on the order of a public
31 official or quasi-public entity at the federal, state or local government level in the performance of
32 any duty.
33 Ground-mounted sign means any sign that is mounted on or supported by an upright or brace in or
34 upon the ground, such upright or brace being directly attached in or upon the ground and E
File#2019-100 Page 5 of 46
Packet Pg. 3541
P.3.d
I independent of any other structure. Signs affixed to fences shall be considered ground-mounted
CD
2 signs.
3 Illuminated sign means any sign that is illuminated by artificial light, either from an interior or
4 exterior source, including outline, reflective or phosphorescent light, whether or not the source of
5 light is directly affixed as part of the sign and includes but is not limited to digital signs.
6 Interior property information sign means signs located entirely on the property to which the sign
7 pertains, are not readily visible from public rights-of-way, and whieh afe intended to provide
8 ifif6ffRalieii to people which direct persons to prohibited or permitted activities or conditions on
9 the property. Examples inelude,but are net liffiked " " " "pa
s
10 " and "ne fishing.4"
11 Licensed sign contractor means any person holding a valid certificate of competency in sign
12 erection issued by the county.
X
13 Off-premises commercial advertising means a nonaccessory billboard or sign which directs
14 attention to a business commodity, service or attraction that is sold offered or exising elsewhere
15 than upon the same lot where such sign is displad
16 Off-premises sign means any sign leea�ed ^ii pr-efnises ather than these en whieh the business
17 a nonaccessor
18 billboard or sign that displays offsite commercial advertising. When in the right-of-way of or W
19 visible from U.S. 1, off-premises signs are required to be registered with the Florida Department r,
20 of Transportation (FDOT) pursuant to F.S. Chapter 479.
N
21 Pennant means a series of small flag-like pieces of cloth or similar type of material attached and
22 strung between two or more points.
N
23 Permanent si n means a sign which is intended to be and is so constructed as to be of lasting and
24 enduring condition, remaining unchanged in character, condition (beyond normal wear and tear)
25 and position and in a permanent manner affixed to the ground, wall or building_
26 Plane means any surface such as a rectangle, square, triangle, circle or sphere that is capable of N
27 carrying items of information; any area enclosed by an imaginary line describing a rectangle,
28 square, triangle or circle which includes freestanding letters, numbers or symbols.
29 Portable sign means any sign or sign structure that is not permanently attached to the ground or to
30 any other permanent structure or which is specifically designed to be transported. This definition
31 shall include, but not be limited to, trailer signs, A-frame signs, and sandwich board signs--and
32
CL
33 Posted property sign means a sign for the purpose of warnings or prohibitions related to the
34 property on which it is posted.
35 ," "beware ef deg," State statutes may E
36 establish requirements for these signs.
File#2019-100 Page 6 of 46
Packet Pg. 3542
P.3.d
1 Premises means any parcel of land owned, leased or controlled by the person actively engaged inCD
CD
2 business and so connected with the business as to form a contiguous component or integral part of
3 it; or owned, leased or controlled by a person for living accommodations.
N
4
5 helding a valid sounty publie assembly peffnit,to advertise a speeial event sueh as a bazaar-, , y
6 ai4 show, or-aft show, er si"laf type of event.
7 Pr-epeffyfi,�qnt-age. See "
8
9 „ „
open ca
10 "epenfer-i "modelid
11 lease o „+
12 Rotating si n or revolving sin means a sign that revolves or turns or has external sign elements
13 that revolve or turn. Such sin Mqy bepower-driven or propelled by the force of wind or air.
14 Rotating signs include Multi-prism or tri-vision signs with a series of triangular sections that rotate
15 and stop to show multiple images or messages in the same area at different times.
ca
16 Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors
17 that is used to advertise,identify,display, direct or attract attention to an object,person,institution,
18 organization, business, product service event or location and by any means, including words, W
19 letters, figures, designs, symbols, fixtures, colors or projected images. Signs do not include:
20 , state, eity,
or- fta4er-
21 religious or :afieas;
22 (21) Merchandise that is not otherwise incorporated into a sign structure; N
23 (32) Models or products incorporated in a window display;
24 {43} Works of art that do not contain advertising messages and in no way identify a product,
25 use or service; or N
26 (54) Scoreboards located on athletic fields.
27 Sign structure means any structure that supports, has supported or is capable of supporting a sign,
28 including decorative cover.
29 Special event sign means a temporary sign erected by a nonprofit organization or organizations,
30 holding a valid county public assembly permit, with a purpose to advertise a special event.
CL
31 Temporary sin means any sin not-p,grmanently installed on property which is intended to be
32 display_ed for a_limited period of time. A sign with an intended use for a period of time related to E
33 an event shall be deemed a temporary sign.
File#2019-100 Page 7 of 46
Packet Pg. 3543
P.3.d
1 Vehicle sign means a sign mounted or tainted on any vehicle, trailer, floating device, bare, raft,
2 or boat, whether licensed or unlicensed, for the primary purpose of advertising commercial
3 products or services conveying commercial messages or directing people to a business or
4 commercial activity.
5 Wall-mounted sign means any sign mounted on or painted on and parallel to the facade or wall of
6 a building.
7 Window sign means any sign mounted to or painted on, or visible through a window for display to N
8 the public.
9 Sec. 142-3. General Provisions.Applicability,
10 (a) .Generally.
11
12 This ehapter shall apply io any per-sea who er-eets, eanstruets,enlafges, ffieves,ehanges
13 eepy of-,fnedifies, or-eanvei4s any signs, er-eauses the saffle to be done. if a type of Si
14 . This
15 chapter shall apply qpply to the erection construction or alteration of any sin unless exem ted
16 as provided herein_ The procedure for variances is set forth in Section 142-65. The
17 procedure for amendments to the text of this chapter is set forth in Chapter 102, Article V. W
18 (b) (2) Type-ef a�Activities not affected.
c
N
19 The following activities shall not be subject to the regulation under this chapter. However,
20 such activities shall nevertheless comply with the county building code and other
21 applicable regulations of the county, state and federal governments. N
22 a. Any sign ereeted by or at the dir-eetion of the federal, state, or-eounty
23 signs shall net reduee the auther4zed size of numbef ef signs ethei=wise allowed by t
24 ehaptef. All signsallowepur-sttaFitd to thisseefien shall be th ieeessary to '
25 eamplywith the appheable law;
26 13,7LLChanging of the copy ef message of a lawfully existing ehangeable eepy
27 sign, whether manual or automatic, unless the change of copy, changes the function of
28 or purpose of the sign which as a result requires adherence to a different time, manner
29 or location regulation as provided herein or changes the style t e size or color not in
30 compliance with this chapter;
LU
.'.>i.>.>5ins the vv1T...y of u iuvriu>ij' •.niuuiab vu
CL
32 cv t; ,., 142 2*
33 4-.Q Works of art that do not contain advertising messages, and which in no way identify E
34 a product, use, or service;
File#2019-100 Page 8 of 46
Packet Pg. 3544
P.3.d
I e.M Maintenance of lawfully existing signs and sign structures that does not involve
CD
2 eharrge$ Eepedifisafierr, CD
structural enlargement, reconstruction, r-eleeafien
3 additions . Replacement of the damaged or deteriorated
4 plastic face of a sign shall be considered maintenance, pr-e'Aded that the eepy is not
5 ehanged. The necessity to obtain a building permit for maintenance work shall be =
6 governed by Chapter 6; y
7 f. intefest signs in the right of way ef U.S. 1 as are other-wise U)
8 a4lowable per-seant to state or-federal law. Examples of eeffuii�unity inter-est sigiis S
9 ,, "Thank
10 the Eefida Keys," and signs that identify Feeegnized eammuniiies of MeA
11 and
13 (4) Any sign not visible from a public street, sidewalk or right of way or from_a navigable
14 waterwa or body of water,• except that the foregoing does not exem t a sin for
15 commercial use that is visible from an abutting residential use.
16
17 Sec. 142-4.(-b)Prohibited signs.
18 The following types of signs shall not be erected or operated on any„Property in the count•• 1�;
19
c
N
20 (1) Off-premises signs; excluding off-premise signs identifying lawfully-established off-
21 premises businesses as permitted in Section 142-48;, visible from a designated scenic
22 highway, unless _and_until the applicant provides documentation from the Florida N
23 Department of Transportation (FDOT) that the sign is permitted by or that a permit is not
24 necessary from the FDOT;
25 (2) Those erected in a clear sight triangle; or at any location where, by reason of the position,
26 shape or color, they may interfere with or obstruct the view of any authorized traffic sign, N
27 signal or device; _
28 (3) Aban kwedDiscontinued signs that no longer correctly direct or exhort any person; or
29 advertise a bona fide business, lessor, owner,product or activity conducted or available on
30 the premises indicated on such sign;
LU
31 (4) AnifliatedRotating signs, excluding electronic message centers and automatic chap ing
32 suns
CL
33 , lights Of lighting
34
35 whose operations of ejeet_efiie message „tors and aut,..,-,.,t. E
36 =hangi,-,g signs shall be governed by Section 142 c'-)(4),&
File#2019-100 Page 9 of 46
Packet Pg. 3545
P.3.d
1 (5) Signs that emit smoke, vapor, particles, odor or sounds;
2 (6) Signs using a video, digital means, or Mmotion picture source u-sed in such a manner as to
3 permit or allow the images or audio to be visible or audible from any public stmet,70FN
4 sidewalk or navigable waterway,including but not limited to vehicles displaying electronic 03
5 s. i&ns; -
6 (7) Vehicle signs parked , tfailef, fleating deviee,barge,
7 ,.beat, whether- :,.ensea ef unheenseE�,-on any public property, including public rights-of-
8 way, navigable waterways and beaches, or on private property so as to be clearly visible
9 from any public right-of-way,
10 ,
11 . This restriction is not
12 intended to prohibit incidental signage on a functional, licensed vehicle which is displayed
13 in a manner to primarily identify the vehicle with the business it serves. Such vehicles shall
14 only park in a lawful parking space. Vehicle signs may not be an attachment that extends
15 or protrudes from the vehicle. However, commercial vehicles that provide delivery 0)
16 services, including taxies, shall be allowed an tefflper-af attached non-illuminated roof
17 sign that identifies the delivery business. Such sign shall only be allowed on the vehicle
18 while doing business and shall be no larger than 24 inches long, 12 inches tall and ten
19 inches wide, including the base;
20 (8) Portable signs, except for pelifieal eafapaigRigmporary signs as permitted in Section 142-
21 3(4)7 and A-frames signs as permitted in Section 142-4(h)} ; `✓
22 (9) Any sign that is affixed to any wall or structure and extends more than 24 inches N
23 perpendicularly from the plane of the building wall;
24 (10) Any sign attached to a building and projecting above the facade of a building, or any sign N
25 mounted on top of a flat roof or on top of any horizontal awning;
26 (11) Signs that cause radio or television or other communication, electrical, magnetic
27 interference;
N
28 (12) Signs erected, constructed or maintained that obstruct any firefighting equipment, 03
29 window, door or opening used as a means of ingress or egress or for firefighting purposes;
30 (13) Signs, except posted property signs, that are erected or maintained upon trees or painted
31 or drawn upon rocks or other natural features or tacked, nailed or attached in any way to
32 utility poles;
33 (14) Signs on public property or road rights-of-way including, but not Iimited to, signs placed
CL
34 on any curb, sidewalk, post, pole, hydrant, bridge, tree or other surface located on public
35 property or over or across any public or private street except as may otherwise expressly
36 be authorized by this chapter;
File#2019-100 Page 10 of 46
Packet Pg. 3546
P.3.d
1 (15) Unshielded illuminated devices that produce glare or are a hazard or a nuisance to
CD
2 motorists or occupants of adjacent properties, or signs containing mirrors;-aftd
3 (16)Pennants, flutter signs, wind activated banners, streamers,balloons, cold air inflatables or N
4 other fixed aerial signage used for commercial advertising;
5 (17) Flashing signs;
6 (18) Floodlights or beacon lights, except when. required by the Federal Aviation N
7 Administration;
8 (19) Signs attached to a seaway, dock, buoy, tie pole or pier, or in or upon any body water
9 other than warning signs, safety signs,or government regulatory signs;
10 (20) Signs that are an imitation of traffic control device signs and which are adjacent to the
11 right of way of any road, street or hi_hway; and
12 {O) 21 Dangerous signs.
13 No person shall allow any sign that is in a dangerous or defective condition to be maintained
14 on any premises owned or controlled by such person. Any such sign shall be removed or CO
15 repaired by the owner of the sign or the owner of the premises, or as otherwise provided for in
16 this chapter.
17 Sec. 1.42-5.kd)-Sign Permits.
T)
18 (aa,) Generally. �
19 Except for temporary signs and signs specifically provided by this chapter, it shall be N
20 unlawful for any person or business to construct,alter or maintain a sign structure, as
21 defined in the building code without first obtaining a building permit from the county in
22 accordance with the_provisions of the building code and applicable law. Permit fees for a
23 buildin _germit shall be paid in accordance with applicable county fee schedules.
N
24 (bb,) Sign permit decision and appeal.
25 (1) A building permit for a sin shall be either a roved approved with any condition
26 specifically described and set forth in the county code of ordinances or disc roved
27 and the decision shall be reduced to writing within 30 calendar days following_a
28 complete application and payment of applicable fees. Any governmental declaration of
29 emergency due to natural or manmade hazard events affecting the county shall extend
30 the time frame for a decision until the County Commission by resolution establishes an
31 alternative emer CL
en_cy time frame. Whenever required by state statute, the explanation
32 for a denial of a sign permit shall include a citation to the applicable portions of an
33 ordinance,rule, statute, or other legal authority for the denial of the permit: in the event 03
File#2019-100 Page 11 of 46
Packet Pg. 3547
P.3.d
I that the applicant fails to receive a statutorily required explanation, the applicant shall
CD
CD
2 submit a_written request for the explanation to the Building Official via certified mail.
3 (2) A decision of approval with conditions or a denial shall be a final decision of the count
4 if the a licant chooses not to seek reconsideration by writing,within ten G0 calendar N
5 days of the denial. The applicant may seek no more than one reconsideration. A
6 decision of reconsideration shall be rendered within twenty (20) calendar days of y
7 receipt of the written application for reconsideration.
8 (3) A written appeal of the final sign permit decision or reconsideration shall be taken to
9 the Planning Commission within thirty (30 calendar days from the rendering of the
10 building permit decision or reconsideration.
11 (c) Administrative sin area variance. The Planning Director is authorized to grant
12 administrative variances to the maximum area per face requirements set forth in Section
13 142-8 for ground-mounted signs that accommodate more than a single user (i.e. tenant,
14 business, organization).
x
15 1 Application. An qpplication shall be submitted to the Planning and Environmental
16 Resources Department on a form approved by the Department.
17 (2) Standards. The Planning Director shall grant an administrative variance to the
18 maximum area per face requirements for round-mounted signs that accommodate more
19 than a single user only if the a licant demonstrates that all of the following standards are
20 met:
21 a. The granting of the administrative variance shall not be materially detrimental to
22 other property owners in the immediate vicinity;. y
23 b. The administrative variance shall be the minimum necessary to provide relief to the _
24 applicant;
25 c. Each user shall be permitted only a single identification sin per each face/side of
26 the ground-mounted,sign;
27 d. The area of each user's identification sign shall not exceed 100 square feet per each
28 face/side of the ground-mounted sign;
29 e. The total maximum area per face for the ground-mounted sign shall not exceed 400
30 square feet in area unless a variance is ranted by the Planning Commission in
31 accordance with Section 142-5(e);
32 f. The total face area for the round-mounted sign shall not exceed 800 square feet on
33 double-sided signs unless a variance is granted by the Planning Commission in
CL
34 accordance with Section 142-5(e);
35 a. Such a round-mounted sign shall not be constructed within 40 linear feet of another E
36 round-mounted sign, and
File#2019-100 Page 12 of 46
Packet Pg. 3548
P.3.d
I h. The sign shall be designed in accordance with the size of lettering_guidelines set
CD
2 forth in Section 142-12.
3 (3) Procedures. N
4 The Planning Director shall determine within fifteen 15 calendar days if an `-
5 Uplication is complete. The e Planning Director shall make a preliminary determination
6 of whether an application complies with the standards of Section 142-5(d)(2) within
7 sixty (60) days of the Planning and Environmental Resources Department's receipt of
8 a complete application and payment of applicable fees. If the Planning Director �
9 determines preliminarily that the a lication corn lies with the standards the Planning
10 and Environmental Resources Department shall provide public notification in
11 accordance with 142-5(d)(4). If the Planning Director determines that the application
12 does not comply with the standards,the Planning Director shall issue a written decision
13 of denial to the applicant with an explanation of reasons for the denial.
x
14 (4) Surrounding property owner notification of application.
15 Only after preliminarily that an application for a variance complies with
16 the standards, the Planning Director shall provide written notice by regular mail to
17 owners of real property located within 600 feet of the property that is the subject of the
18 application. The notice shall provide a brief description of the proposed administrative
19 variance and indicate where the application may be examined. The cost of providing
20 notice shall be borne b__ t�pplicant. '✓
21 (5) Decision by the Planning Director.
v,
22 After thirty(30) calendar days of the date in which the written notification was sent per _
23 Section 142-5(d)(4), the Planning Director shall review all_public responses to the N
24 application. Upon a finding that the a lication has or has not com lied with the
25 requirements and standards of this section, the Planning Director shall issue a written
26 administrative variance decision.
27 (6) Public hearing by the Planning Commission.
28 If requested in writing by t�pplicant, or an adversely affected owner or resident of
29 real property located in the county during the required thirty (30)-day notification
30 period, a public_hearing by the Planning Commission shall be scheduled on the
31 application. All costs of the public hearing shall be the responsibility of the applicant
32 for the administrative variance. The public hearing shall be conducted and noticed in
33 accordance with. Section 110-5. LU
34 (e) Variances granted by the Planning Commission. The Planning Commission is authorized
35 to grant variances to this chapter.
e
File#2019-100 Page 13 of 46
Packet Pg. 3549
P.3.d
1 1 Application. An application shall be submitted to the Planning and Environmental
CD
2 Resources Department on a form qpproved by the De artment.
3 2 Standards. The Planning Commission shall grant a variance only if the applicant
4 demonstrates that all of the following standards are met:
5 a. The literal interpretation and strict application, of the provision and requirements of
6 this cha ter would cause undue and unnecessary hardship to the sign owner because of
7 unique or unusual conditions pertaining to the specific building or parcel or property in `V
8 question;
9 b. The granting of the requested variance would not be materially detrimental to the
10 property owners in the immediate vicinit • '
11 c. The unusual conditions qpplying to the specific property do not 4pply generallyto
12 other properties in the unincorporated county,
13 d. The rig of the variance will not be contrary to the general objective of this
14 chapter of moderating the size, number and obtrusive placement of signs and the
15 reduction of clutter;
ca
16 e. The variance is not requested solely on the basis of economic hardship of the sign
17 user;
18 f. The variance shall be the minimum necessary provide relief to the applicant; and
N
19 g. The variance shall not permit a sign expressly prohibited by this Chapter.
20 (3) Procedures.
21 The Planning Director shall determine within fifteen „(15) calendar days if an
22 application is complete. Within sixty (60) calendar days of the Planning and
23 Environmental Resources De artmenfs receipt of a complete application and payment
24 of applicable fees the Planning Department shall schedule the application for review N
25 and decision by the _Planning Commission. The Planning Director shall review the 03
26 entire application and all public responses thereto and prepare a staff report with
27 recommendations for the Planning Commission. The application shall be heard at a
28 regularly scheduled meeting of the Planning Commission. Noticeposting and hearing
29 requirements shall be in accordance with Section 110-5.
30 (4) Decision by the Planning Commission.
CL
31 Within thirty (30) calendar days of the date of the public hearing, upon a finding
32 the application has or has not complied with the requirements and standards of this
33 section the Planning Commission shall issue a written variance decision. If the E
34 variance is denied, the written decision shall provide reasons for the denial.
File#2019-100 Page 14 of 46
Packet Pg. 3550
P.3.d
I See. 142-6. General provisions for signs.
2 The requirements of this section shall apply to all signs whether or not a permit is required,
3 unless otherwise noted below: CN
2
ir-
4 (a) Measurements. y
5 (1) Measurement of sign area.
N
6 a. The sign area shall be measured from the outside edges of the sign or sign frame,
7 whichever is greater, excluding the area of the supporting structures,„provided that
8 the supporting structures are not used for advertising purposes and are of an area
9 equal_to or less than the permitted sign area. In the case of wall-mounted signs
10 without border or frame, the surface area shall include such reasonable and
11 proportionate space as would be required if a border or frame were used. 03
12 b. When a single sign structure is used to support two or more signs, or unconnected
13 elements of a single sign, the surface area shall comprise the square footage within
14 the perimeter of a regular geometric form enclosing the outer edges of all the separate
15 signs or sign elements. However, undecorated space of up to 12 inches between
16 separate sign panels may be excluded from the sign area measurement where
17 necessary to provide structural support members or to provide visual separation
18 between sign panels.
19 c. Where signs are installed back-to-back, both faces shall be counted as sign area. W
20 (2) Measurement of sin height. The height of a sign shall be considered to be the
21 vertical distance measured from the top of the structure to the finished ground N
22 elevation of the site at the base of the sign. In no event shall excess fill be used to
23 raise a sign.
N
24 (b) Consent of property wner and responsibility. No sign requiring a permit may be displayed
25 without the consent of the party or parties with legal title to the property on which the sign
26 is mounted or displayed. The sign owner(s),the property owner(s)of the property. on�whic_h
27 the sign is placed and the sign contractor shall each be held responsible for adherence to
28 this chapter and Chapter 6. In order for a sign application to be approved, the propertyN
29 owner must grant access to the property for inspection purposes, for the life of the sign. _
30 c couqy sign number. All signs for which a erniit is required by this chapter shall not be
31 erected, displayed, rebuilt, repaired, the copy changed, painted or otherwise maintained
32 until and unless the county sign permit number is painted or otherwise affixed to the sign 0
33 or sign structure in such a manner as to be plainly visible from rg ade.
34 (d) Location restrictions.
35 1 Clear sight triangle. No sin shall be erected that would igl air visibility at a street
36 intersection or driveway entrance pursuant to section 114-201.
File#2019-100 Page 15 of 46
Packet Pg. 3551
P.3.d
1 (2) Clearance from high-voltage power lines. Signs shall be located in such away thatCD
CD
2 they maintain a clearance of ten feet to all overhead electrical conductors and a
3 three-foot clearance on all secondary voltage service drops.
N
4 3 Setbacks from property lines. The minimum setback for signs shall be five feet, -
5 setbacks shall be measured from the property line to the farthest extension of the y
6 sign, including any overhangs, guy wires and supports.
7 (4)_ Scenic corridor bufferyard. Where a scenic corridor bufferyard is required pursuant
8 to section 114-125, ground-mounted signs shall only be erected in the immediate
9 vicinity of a driveway_
10 (5) Fences. The authorized ground-mounted sign not requiring_a permit may be placed
11 on a fence regardless of setbacks provided the sign does not extend above the fence
12 or project more than four inches outward from the fence.
x
13 (e) Structure design, engineering and construction.
14 (1) Compliance with Florida Building Code. _All signs shall comply with the
15 qppropriate detailed provisions of the Florida Building Code relating to design,
16 structural members and connections.
17 (2) Licensed contractor. Signs shall only be erected,by entities„authorized by chapter W
18 6.
c
19 (3) Structure design. All signs that contain more than 40 square feet in area or are N
20 erected over_20 feet in height shall be designed by an engineer registered in the
21 state_. Structural drawings shall be prepared b. t�gineer and submitted prior to
22 a permit being issued. Wind load calculations shall be contained in the engineering
23 drawings. The building official may set wind load requirements greater than the
24 Florida Building Code if deemed necessary to protect the health safety and welfare
25 of the public or property owners surroundingtgn. The building official may
26 request wind load calculations for signs of less than 40 square feet in area prior to
27 issuing a permit.
28 (4) Supports and braces. Supports and braces shall be adequate for wind loadin-. Wire
29 or cable supports shall have a safety factor of four times the required strength. All
30 metal, wire cable supports and braces and all bolts used to attach signs to a bracket
31 or brackets and signs to the supporting building or structure shall be of galvanized
32 steel or of an equivalent corrosive-resistant material. All such sign supports shall
33 be an integral part of the sign.
34 (Sgn anchoring__No siCL
n shall be suspended by chains or other devices that will
35 allow the_sign to swing due to wind action. Signs shall be anchored to prevent any
36 lateral movement that would cause wear on supporting members or connections. 03
File#2019-100 Page 16 of 46
Packet Pg. 3552
P.3.d
1 6 Double-faced signs. Double-faced si ns with opposing faces ma not have an
CD
2 interior angle greater than 45.
3 (f) Electric signs,_ _digital and illuminated signs.
4 (1) All electric signs shall require a permit and shall be Underwriter's Laboratory
5 approved or certified by a sign electrician specialty contractor or licensed master
6 sin contractor, or an electrical contractor, that the sin meets the standards
7 established by the National Electrical Code, current edition. All electric signs shall
8 be erected and installed by an entity authorized to do so by chapter 6, and shall be
9 in conformance with the National Electrical Code, current edition. The provision
10 of electrical power to a power source or connection of a_sign to existing electrical
I 1 service shall be by an entity authorized by chapter 6. '
12 (2) Artificial light used to illuminate any sign from outside the boundaries of such sign
13 shall be screened in a manner that prevents the light source from being visible from
14 any right-of-way or adjacent property
15 (3) Electronic message centers and digital signs shall comply with the following:
16 a. Electronic message centers and digital signs shall contain static, motionless
17 messa eg s only,
18 b. Displaying any form of motion or the optical illusion of movement video or '✓
19 var3ing light intensity isprohibited;
c
N
20 c. Each message on a digitalgn must be individually complete and shall not
21 continue on a subsequently dis bayed message;
N
22 d. Audio mechanisms produciliZ sounds messages or music are prohibited.
23 e. Brightness. Digital signs shall not operate at brightness levels of more than 0.3
24 foot candles above ambient li ht as measured using a foot candle meter at a
25 pre-set distance._This requirement is based on levels established by the N
26 _Illuminating Engineering Society of North America GESNA) for Light
27 Emitting Diode (LED) signage as amended from time to time.
28 f. Each digital sign must have a light sensing device that will adjust the display
29 brightness in real-time as ambient light conditions change so that at no time a
30 sign shall exceed a brightness level of three tenths (0.3) foot candles above
31 ambient light.
32 g. Photometric plan. Each building permit application for a digital sign shall be CL
33 accompanied by a photometric plan. The photometric plan shall demonstrate
34 the digital sign's maximum light intensity, in foot candles above ambient light, 03
File#2019-100 Page 17 of 46
Packet Pg. 3553
P.3.d
I shall not impact neighboring ro erties maximum illumination measured in
CD
2 footcandles at the property line shall not exceed 0.3 footcandles.
3 h. Malfunction. Digital si na e shall have a default mechanism installed to either N
4 turn the_display or only show black on the display in the event of a -
5 malfunction.
6 Maintenance. All signs for which a permit is required by this chapter, including their braces
7 supports, guys and anchors, shall be maintained so as to present a neat, clean appearance.
8 Painted areas and sign surfaces shall be kept in good condition, and illumination, if
9 provided, shall be maintained in safe and good working order.
10 h Discontinued signs. Beginning July 1, 2020, discontinued signs shall be regulated as
11 follows:
12 (1) Sign structures_that remain vacant, unoccupied or devoid of any message, or displu a
13 message pertaining to a time, event or purpose that no longer applies shall be deemed to be
14 discontinued.
15 2 A nonconforming si n deemed discontinued shall immediately terminate the right to
16 maintain such sign.
17 (3) Within sixty (60) days after a sign structure_has been discontinued, it shall be the W
18 responsibility of the property owner to remove the discontinued sign and conceal any and
19 all damage to any other structure resulting from removal of the sign.
c
N
20 4 Removal of a discontinued sign shall include all sign support components, angle irons
21 poles and other remnants of the discontinued sign that are not currently in use or proposed
22 for immediate reuse as evidenced by a sign permit application.
23 (i) Sign programs for special identification signs.
24 1 Community business directory signs. The county may work with FDOT District band
25 Iocal communities to develo12 a sin program that promotes businesses within specific N
26 communities in the Florida Keys through the use of centrally located multiple user
27 business identification signs on U.S. 1.
28 2 Community identification signs. The county mqy work with MOT District 6 to
29 develop a sign-program that identifies specific communities in the Florida Keys. The
30 county shall coordinate with local communities to incorporate a theme which
LU
31 promotes the unique character of the local community.
32 CL
(_3) Off-premises special feature identification signs. The county may work with FDOT
33 District 6 to develop a sign program that identifies special features, tourist sites and
34 business districts. The county shall coordinate with local communities to select E
35 appropriate landmarks to be identified.
File#2019-100 Page 1S of 46
Packet Pg. 3554
P.3.d
1 (j) Substitution of noncommercial_speech_for commercial speech. Any sign erected pursuant
CD
CD
2 to the provisions of this code may, at the option of the applicant, contain either a
3 noncommercial message unrelated to the business located on the premises where the sign
4 is erected or a commercial message related to the business and located on the business N
5 premises pursuant to the following regulations:
6 (1) The noncommercial message may occupy the entire sign face or portion thereof.
7 (2) The sign face may be changed from commercial to noncommercial messages as N
8 frequently as desired by the owner of the sign, provided:
9 a. The size and design criteria conform to the applicable portions of this code;
10 b. The sign is allowed by this code;
11 c. The sign conforms to the requirements of the applicable zoning designation; and
12 d. The
-appropriate permits are obtained.
13 3 For the puEpose of this sign code noncommercial messa es shall never be deemed off-
14 premises signs.
15 (k) Viewpoint neutrality. Notwithstanding anything contained in the chapter to the contrary, W
16 no sign or sign structure shall be subject to any limitation based upon the viewpoint of the
17 message contained on such sign or displayed on such sign structure.
N
18 See. 142-7. Temporary sins. >
19 The feliewingshall net fequire-a pefFAt but still Effe subjeet te-Seetio 5
20 (1) B
21 Ba 'ded they da fiet exeeed 3-2 squai:e feet per- fase and there is only one pe-r- CD
22
23 eenseeutive days,nor mer-e than 60 total days in any one yeaf.Bafifter-S eHeeeding 3-2 square
24 foot in area shall be required to t taiii a „?dt P „t tO Seetio 142 n.
25 (2) Business affiliation and law enfiar-eement signs.
26 Signs displayed upon the pr-emises deneting pr-afessienal and trade asSOGiatiOfls with wNe-h. a
27
28 ,
CL
29 r .r,l f s., 1, signs A .os .. .r a ee a f,,,« square boo+.
30
File#2019-100 Page 19 of 46
Packet Pg. 3555
P.3.d
I ,
CD
2 „apen„ „ „ „sNi4s and shoes „ "ne „ "no „
pfev that sueh signs are posted E)fi er-near-the entranee doers and the total of stieh signs dees ne
4 -- --,,a six square feet.
5
6 ;
N
7
8 ca
9 erg ee pexefal eantraeter-, ether- per-sons and f;r,4,s r,erfefff,;.t
10
11 until a building pemtit i's issued and are ine-m—eved ;vithin 30 days of t e4sissuanee ef the- E
x
Signs avi individual tir-adesmen er- pr-ofessieiials shall be limited to four- square feet in afea
14 per faee per-tr-adespr-efessimal; an
15 b. Signs fer- mar-e than one tradesman or professional shall be lifpited to a total ef 32 square- ca
16 feet in area per-faee aad eight feet in height;
17 '✓
18 y
19
20 " t Yanee,""e* )" " ," "pedestrian
pede- ria rn4s," l, andieappel
21 ;
22 rigs
23 Eaeh business 4ontage shall be allowed to display twe flags eentaining any graphie
24 N
25 squar-e feet in size. There shall be ne number- of size limit on the display ef the flag of any
26 nation, organizatien of iialiens, state, eity,
27 (8) Gar-age sae signs,
28 , provided they are er-eeted iiet ffier-e than 24 heurs pfier-te the sale
29LU
30 square feet per faee-;
CL
31
File#2019-100 Page 20 of 46
Packet Pg. 3556
P.3.d
I ,leeal
2CD
3
CD
4 height,
$ with publie ; T
ir
N
7 Signs itieluding, but net liffiked to, names of buildings and Elate ef ereetien when eut into
8 , w
9 provided the total of s ,,,1, s s d^en net exceed eight square foot.
,
CJ
10 (1 1) Nameplates.
11 ,mailboyc numbers, esta4e names,
12
13 —_feet per sign f., a;
14 (12) Posted pfoper-ty signs.
15 "beware ca
16 of d^ d„ :1ff w idea the individually d net o ed 1 c �-
17
18 --d size as is required pef state statutes. Sueh sigiis shall net be illuminated
19
c
N
20
21
22
23 ;
24
CD
25 Windew signs that ealleetively eever 35 per-eent or iess of the window glass stir-faee area.
26 Note; The abevementioned business kifefFaafien and business affiliation signs shall be
27 exeltided 4em the ,.e„-put.,tief ^f the wind,,,,, U
28
29
30 businessnow1., .,tie may er-eet ., te.,..er-afy sign :theut a o m t f.,,. ., periedCL
,, t
31 erweeding 120 days fiem the Elate of appliea4ion for a pefmanent sign,
32 E
U
File#2019-100 Page 21 of 46
Packet Pg. 3557
P.3.d
I ;
2 e. The sign, gxexnd mounted, not exeeed eight feet in height; and
N
3 ; CN
5 Palitiea4 signs behalf of eaadida+es for-publie afflee or- measures on eleetion
7
8
9
10 to Fneet these eendifiens shall eensfitute the basis fbr-sign r-efneval by the e8unty or-its
11 designee; x
12
13 18, ,
14 net exeeed 16 square feet per faee er- eight feet in height and shall not be illu"nated;
15
16 ,
17 ;
c
18 N
T
19 .; and
N
21 Real estate signs per-Section 14 2 4(I)b-.I-.
1
22 N
2
iz
23
24 Subject to any applicable provisions
25 within Section 142-6 (general provisions for signs), temporary signs that meet the criteria and
26 limitations set forth below shall be allowed, and shall not require a sign permit unless specifically 0
27 required below.
LU
28 (a) A temporary government sign shall not require_a sign permit and shall be allowed in all
CL
29 zoning istricts on j2ublic property and public rights-of-way.
File#2019-100 Page 22 of 46
Packet Pg. 3558
P.3.d
I _b)A temporary sign displayed on a window surface must be displayed on the inside of the
CD
CD
2 window surface, shall cover no more than 35 percent of the window surface, and shall not
3 be illuminated.
N
4 (c) Temporary signs on residentially zoned property utilized for residential or institutional
5 uses shall be permitted subject to the following limitations: y
6 (1) No more than 3 temporary sign(s) not exceeding 6 square feet. (Note: If more
7 than one sign is allowed, the square footage should be cumulative )
8 (2) These temporary signs shall not be illuminated and shall contain only static
9 messages.
10 (3) Signs shall not exceed 3 feet in height.
11 (4) Signs shall not be utilized for more than 180 days per year.
12 (d) Temporary signs on nonresidentially zoned property shall be permitted subject to the
13 following limitations:
14 U No more than 3 temporary sign(s)not exceeding 12 square feet. (Note: If more ca
15 than one sign is allowed, the square footage should be cumulative).
16 2 These temporary signs shall not be illuminated and shall contain only static W
17 messages.
N
18 (3) Signs shall not exceed 6 feet in height.
19 (4) Signs shall not be utilized for more than 180 days per year.
20 See. 142-48. Signs Requiring ^ Permit and Sp ^ffl^ Stand rd Permanent Signs.
21 , Generally the
22 following signs shall not require a permit but must comply with section 142-6 and additional
23 standards of this subsection, unless otherwise provided below:
24 ,
25 fer-the life of the sign.
26 (1) Bench signs. Bench signs shall be allowed, upon approval of the Board _of County
27 Commissioners, at any designated bus stops subject to the following limitations:
28 a. Benches in residential areas shall not have signs, except a bench donor sign containing
CL
29 the donor's to o orsymbol, not exceeding two inches by 16 inches in size;
30 b.Benches in commercial areas shall be allowed to have signs on the back rest not to exceed E
31 a total of six square feet, and
File#2019-100 Page 23 of 46
Packet Pg. 3559
P.3.d
1 c. Bench signs shall be limited to one per designated bus stop.
CD
2 (2) Business affiliation and law enforcement signs.
N
3 Signs displayed upon the premises denoting professional and trade associations with which
4 the occupant is affiliated, and including but not limited to, forms of payment accepted by y
5 the occupant, and other signs pertaining to public safety and law enforcementprovided the
6 total of such signs does not exceed four square feet;
N
7 (3) Business information signs
8 Signs providing information to customers related to the conduct of the business, provided
9 that such signs are posted on or near the entrance doors and the total of such si ns does not
10 exceed six square feet
11 (4) Commemorative plaques.
12 Sims of recognized historical nature, provided no plaque exceeds 16 square feet per face.
13 (5) Directional signs.
ca
14 6 Fla s.
15 a. Each business frontage shall be allowed to dis la two flags containing any commercial W
16 graphic, symbol,logo or other advertising message,provided that no such flag shall exceed
17 50 square feet in size. Each flagpole shall require a permit and shall not exceed 15 feet in
18 height and must be set back at least 5 feet from the right of way as measured to the flag.
19 Flag poles must comply_with side and rear yard setbacks. In no instance shall a flag extend
20 beyond the property line.
21 b. For each parcel and development site in residential use two flu poles may be installed
22 and no more than two flags dis la ed on a flagpole. Each flagpole shall require a permit
23 and shall not exceed 15 feet in height and must be set back at least 5 feet from the ri_htgof
24 way as measured to the flag. Flagpoles must comply with side and rear yard setbacks. In
25 no instance shall a flag extend beyond the property line. For each principal structure on a 03
26 parcel in residential use up to two flag brackets or stanchions may be attached or placed
27 for the display of flags, and each such flag shall not exceed twenty-four 24 square feet in
28 size.
29 c. Where a scenic corridor or ma'or street buffer and is required pursuant to section 114-
LU
30 125(a) and (b), flagpoles shall only be erected in the immediate vicinity of a driveway.
CL
31 7 Hospitals or other emergency facilities. In addition to other si na a allowed under this
32 chapter,-hospitals or other emergency medical facilities, excluding individual medical
33 offices, shall be allowed one additional illuminated ground-mounted or wall-mounted sign E
34 not exceeding 32 square feet per face to identify each emergency entrance.
File#2019-100 Page 24 of 46
Packet Pg. 3560
P.3.d
1 (8) Interior property information signs as defined in Section 142-2.
CD
2 (9) Memorial signs or tablets.
N
3 Signs including, but not limited to, names of buildings and date of erection when cut into -
4 any masonry surface or when constructed of bronze or other noncombustible materials y
5 provided the total of such signs_does not exceed eight square feet. Signs recognizing _
6 persons or points of historic interest may placed on any parcel,if applicable to the parcel,
7 but shall not exceed four square feet.
8 (10) Nameplates.
9 Signs bearing only ro ert numbers street addresses mailbox numbers estate names the
10 occupation of the occupant_or names of occupants of the premises, provided the signs do
11 not exceed two square feet per sign face.
x
12 (11) Posted property signs.
13 Posted property signs provided they individually do not exceed 1.5 square feet in area per
14 sign and not exceeding four in number per lot, or of such number, spacing, and size as is
15 required per state statutes. Such signs shall not be illuminated nor shall they project over
16 any public right-of-way.
17 (12) Window signs.
c
18 Window signs that collectively cover 35 percent or less of the window glass surface area. N
19 Note: The abovementioned business information and business affiliation signs shall be
20 excluded from the computation of the window sign area.
N
21 (a)-Spas.
22
w
T-
23
24 °3
e
26 ;
27 CL
e®
28 4. Posted ne ear4ier- than 15 days befer-e the event and are r-emeved w4hin five days
File#2019-100 Page 25 of 46
Packet Pg. 3561
P.3.d
1
5. Limited to two eff pf etional signs er-eeted no mere than 24 hE)ur-s prie-r-
2
3
4 N
T
ir
5 .-.
6
7 -
N
8
9 five days .,fte,- ,e event;
CJ
10
11 3 Are leeated eFi the pr-emises of the event.
12 (2) veal estate gfis
13 a. Real estate signs not emeeeding six square feet. One feal estate sign not eyceeeding six
14 square feet per faee ineludiag r-ider-s, per-preper-ty shall not —mit, provided
15 the sign
16 l Not iflu .,;„.,te. ; a fl a
17 2. G-r-eund matiated signs shall not exeeed eight feet iii heig46
c
N
18 b. Real estate signs exeeeding six squafe feet. Real estate signs exeeedin- feet
19 pef faee shall r e a e p t and shall 4,e s.,1„eet to the following«estriet;
N
20 1.Multiple family stt=aettifes,nonresidential buildings and vaeant land shall be allew
21 ,
CD
22CD
23 exeee,a eight feet in height. ,
CN
24 �ny pr-epeAy of ten aeres owe i-r-si dies of the lim t.,t;ens set for-th ;
25
26 ffieefited or-wall mounted signs as fellews.t One sign not exeeeding 32 square feet
27
28 111V „ll. , .]1s13P-shall net o e feet a g t i height.
U LL4
LU
29 , at any designated
30 bus steps subjeet to the following limitations-:
CL
31
32 E
File#2019-100 Page 26 of 46
Packet Pg. 3562
P.3.d
1 b. Befiehes in eeRuner-eial areas shall be allawed te have signs en the baek rest net W 8XGeed-a
CD
3 s. Bench signs shall be fifnited te ene per-designated bus step. CN
T
ir
4 (b) Permanent signs in residential areas and areas of low intensity.. y
5 (CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR-
6 L, UR, URM, URM-L) shall require a permit and Beare restricted as follows:
7 (1) Commercial and other nonresidential uses. Commercial and other nonresidential uses
8 within the land use (zoning) districts, CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR-L, UR,
9 URM, URM-L, which are adjacent to U.S. 1 shall be regulated pursuant to section 14248)
10 f12L&Ameeden (3) of"s seeti elow. Unless otherwise provided for in this chapter, all
11 other commercial and nonresidential uses in these land use (zoning) districts shall be
12 allowed one ground-mounted sign and wall-mounted signage which shall be limited as
13 follows:
14 a. The ground-mounted sign shall be limited to 32 square feet in area per face and eight
15 feet in height; and
16 b. Wall-mounted signage shall be limited to a total of 32 square feet.
17 (2) Residential subdivision or condominium sign.
18 a. One permanent, wall-mounted or ground-mounted sign, for identification of the
19 subdivision or residential development yeses only, giving efily the name of th
20 ,may be granted a permit at each main entrance
21 into such subdivision or development from each abutting street. N
22 b. The following limitations shall apply:
23 1. The subdivision or development shall have a homeowner's association or similar
24 entity that will be responsible for permits and maintenance of the signs; N
25 2. The face of each sign shall not exceed 32 square feet;
26 3. The maximum permitted height shall be eight feet; and
27 4. The sign may incorporate, or be incorporated into, accessory entrance structural
LU
28 features such as a project wall or landscaping. CL
r-
29 (3) Institutional uses and private parks. Institutional uses, private parks and similar uses shall
30 be allowed one ground-mounted sign and wall-mounted signage that shall be limited as
31 follows: E
File#2019-100 Page 27 of 46
Packet Pg. 3563
P.3.d
I a. The ground-mounted sign shall be limited to 32 square feet in area per face (a maximum
2 of 64 square feet for all faces) and eight feet in height;
3 b. Wall-mounted signage shall be limited to a total of 32 square feet; and
4 c. An additional 16 square feet in area per face may be added to the ground-mounted sign y
5 for the exclusive use of a changeable copy sign.
6 (4) Electronic message centers and automatic changing signs. Electronic message centers and
7 automatic changing signs shall be prohibited in residential areas and areas of low intensity
8 (CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR-L, UR, URM, URM-L).
9 (c) Permanent signs in commercial/nonresidential areas (AD, C1, C2, CFA, CFSD, DR, I, ME
10 MI, MU, RV, SC, UQ shall require a permit and-
11 Sign allewanees in eemmefeial and ether- nefffesidential areas (AD, C!, C2, CFA, CF8D, DR, I-, X
12 Tef�M!, MUD RV, SCE U ;Ywhose size and number shall be ^permitted based on the
13 amount of property frontage and business frontage as follows:
14 (1). Ground-mounted single-tenant/occupant signs. Every developed parcel of land with a
15 commercial or other nonresidential use shall be allowed the following ground-mounted
16 signage:
17 a. One illuminated or non-illuminated, ground-mounted sign of a height not more than 24
18 feet shall be allowed for each frontage as indicated in the following table:
N
Permitted Size of Nonresidential Signs per Property Frontage
Street Frontage Maximum Area Total Face Area
(Linear feet) Per Face (square feet)
(square feet)
Frontage on U.S. 1 or a frontage road adjacent to U.S. 1:
1 ft. to 150 ft. 75 sq. ft. 150 sq. ft.
N
151 ft. to 300 ft 100 sq. ft. 200 sq. ft.
Over 301 ft. or more 200 sq. ft. 400 sq. ft.
Frontage on county roads, shorelines or runways:
1 ft. to 150 ft. 40 sq. ft. 80 sq. ft.
151 ft. to 300 ft. 60 sq. ft. 1120 sq. ft.
Over 301 ft. or more 80 sq. ft. 160 sq. ft.
CL
19
20 b. Parcels that are on a corner of two public streets shall be allowed either:
File#2019-100 Page 28 of 46
Packet Pg. 3564
P.3.d
1 1. One ground-mounted sign for each property frontage; or
CD
2 2. One ground-mounted sign with exposure to both streets with up 1.5 times the
3 maximum amount of area allowed on any one property frontage. N
4 c. Where a street or highway is divided as occurs on Key Largo, which results in a parcel
5 of land in the median of the street or highway then the property shall be considered to
6 have a frontage on each side.
N
7 d. Service stations, convenience stores, marinas, or other facilities dispensing fuel to the
8 public shall be allowed to add to each authorized ground-mounted sign, an additional
9 40 square feet or 20 square feet per face of signage for the exclusive use of a changeable
10 copy sign
11 e. A school, church, day-care center or other similar use shall be allowed to add an
12 additional 64 square feet or 32 square feet per face of signage to the ground-mounted
13 or wall-mounted sign for the exclusive use of a changeable copy sign.
14 f. Individual charter boats shall be allowed a ground-mounted sign at the charter boat's
15 dock slip, provided the sign does not exceed a total of 32 square feet and there is no
16 more than one fish replica. Signs allowed under this provision shall be exempt from Ca
17 shoreline setback requirements.
18 g. Drive-through or carry-out services shall be allowed up to two ground-mounted signs
19 per lane that ear-r4es only the fiafne ef the establishment and the etiff-ent list and pr-iee 0
20 not y
21 viewable from any right-of-way and provided that the total sign area is limited to a
22 maximum of 40 square feet.
N
23 h. Any parcel that does not have a ground-mounted sign as defined in Section 142-2 shall
24 be allowed a single A-frame sign in place of the ground-mounted sign. Such A-frame
25 signs shall meet all of the following standards:
26 1.A building permit shall be required prior to the sign's erection and the building permit N
27 number shall be permanently affixed to the sign in a plainly visible manner;
28 2. The sign shall be no greater than three (3) feet in width and no greater than four (4)
29 feet in height, exclusive of legs that can be no more than six (6) inches in height;
30 3. The sign shall be of A-frame-type construction, with only two sign faces that are
LU
31 joined at the top;
CL
32 4. The sign i-sshall be portable and not permanently affixed to the ground;
File 42019-100 Page 29 of 46
Packet Pg. 3565
P.3.d
1 5. The sign shall be located on athe private parcel of land -and id-e-14-ifies-Ron whichCD
CD
2 the business is also located . The sign.
3 may not be located on a public right-of-way or walkway;
N
4 =
6 -76. The sign shall not be located in a clear sight triangle;
N
7 -97. The sign shall not be illuminated or electric and shall not have any electric devices
8 attached thereto; and
9 98. The sign shall be stored indoors during tropical storm/hurricane watches and
10 warnings and other severe weather advisories;
11 i. Ground-mounted multi-tenant/occupant signs. Every developed parcel of land with X
12 greater than one commercial or other nonresidential use shall be allowed additional
13 ground-mounted signage area if granted an Administrative Variance
as out4ined-
14 in urs�uant to Section 142-65.
— c,
15 (2) Wall-mounted signs.
16 a. Signs painted or attached to the surface of awnings, parapets,mansards and similar roof W
17 and building elements shall be considered wall-mounted signs for purposes of
18 determining compliance with the requirements of this chapter.
N
19 b. Wall-mounted signs shall not extend above the facade of a building or project outward
20 more than 24 inches from the facade or wall to which it is attached.
N
21 c. Each individual business frontage shall be allowed wail-mounted signage equal in area
22 to two square feet times the length of the individual business frontage.
23 d. A commercial or other nonresidential building located on a corner of two public streets
24 shall be allowed wall-mounted signage on the wall not considered to be the front (i.e., N
25 a side street) equal in area to one square foot times the length of such wall.
26 e. The side of a commercial or other nonresidential building not on a corner of two public
27 streets shall be allowed wall-mounted signage on the side walls equal in area to one-
28 half square foot times the length of the side of the building.
29 f. If the rear of a commercial or other nonresidential building faces a public street or public
30 parking lot, a wall-mounted sign up to a maximum of eight square feet shall be allowed
31 per individual business.
32 g. On a multistory commercial or other nonresidential building,wall-mounted signage shall E
33 be permitted for each additional floor as outlined in subsection(b)(2).c. of this section.
File 42019-100 Page 30 of 46
Packet Pg. 3566
P.3.d
1 h. Theaters, museums, auditoriums and fairgrounds and similar uses providing regular
CD
CD
2 shows shall be permitted an additional 50 square feet of a changeable copy wall-
®
3 mounted sign. Along the wall adjacent to the ticket windows, a theater may display,
4 without requiring a sign permit, one poster up to 12 square feet for each movie being
5 shown.
6 i. Drive-through or carry-out services shall be allowed one wall-mounted sign that
7 eely the name of the establishment and the euFFent list and pfiee of goods or servi U)
g a-vailable i the establishment and ; t intended t be . e not viewable from any cv
9 right-of-way and provided that the sign is limited to a maximum of 40 square feet.
10 (3) Canopy signs. One sign per business entrance shall be allowed to be erected underneath,
11 and extending downward from, a canopy along the front of a building, provided:
12 a. The sign does not exceed eight square feet per face;
X
13 b. The sign is permanently attached and does not swing;
14 c. The sign is perpendicular to the facade of the building; and
15 d. The sign is located above a walkway. ca
16 (d) Off-premises signs. W
17 Any nonresidential, lawfully-established business located on U.S. 1 shall be allowed to dedicate
18 any portion of its allowance for one (1) ground-mounted sign to another nonresidential, lawfully-
19 established business not located on U.S. 1. The side street intersecting U.S. 1 used to access the
20 other nonresidential business shall be located within one-half mile of the property on U.S. 1
21 providing the off premises signage. Such off-premises signage shall be limited to one sign face per
22 direction on U.S. 1. Off-premises advertising is also subject to subsections (c)1. and (c)2. of this
23 section and to regulations pursuant to F.S. Chapter 479.
24 A permit must be obtained from the Florida Department of Transportation (FDOT) Outdoor
25 Advertising office for any off-premises sign that is within 600 feet of the nearest edge of the U.S. N
26 1 right-of-way and/or is visible from U.S. 1. New permits will not be issued for off-premises signs
27 visible from a designated scenic highway (Rule 14-10(4)(c) Florida Administrative Code). The
28 Building Department shall not issue any building permit for an off-premise sign until the applicant
29 provides documentation from the MOT indicating that a proposed off-premise sign is permitted
30 by the FDOT or that a permit is not necessary from the FDOT. It is the responsibility of the
31 applicant to obtain all federal, state and local permits for any off-premises sign.
LU
32 , and Alainteflanee of
CL
33 All Signs.
34 35 other-wise neted Mew-
File#2019-100 Page 31 of 45
Packet Pg. 3567
P.3.d
1 .
2 (1)The sign afea shA be Fneasur-ed from the eutside edges ef the sign ef sign ffaffie,whiehe
3 N
4 =
5
6
7 rfa o were used.
N
8 (2) When a single sign strueture is tised to stippei4 twe e er-uneennes-ted elements
9
10
11 elements. Howevef, undeeef4ed spaee of up te 1-2 inehes between separate sign panels
12
13 .
x
14 (3) Where signs are installed baek to baek, both faees sha4i be eeunteEl as sign area.
15 (b) Meastir-emeHt of sign height.
16 The height of a sign shall be eeasid-eared- te be the veftieal disianee measured frem ihe tep ef the
17
stnaetur-e to the finished gr-eund elevation of the site at the base of the Sign. in lie evelit shall exees-
18 fill be used te raise a si....
19 (e) T tie of signs
N
20 (1) Clear sight 44angle. Ne siga shall be ereeted that would impair visibility at a st
21 intefseetieii of dFiveway entranee pursuant to Seetioa 114 201.
CN
22 (2) Clear-anee fr-E)m high veltage power- lines. Signs shall be leeated in sueh a way that they
23 maintain a herizefital elear-aaee ef thirteen(13)feet from all ever-head eleelr4ea4 eetidueters
24
25 serviee dfops. Any exeeptions te this must be reviewed and wr-itten approval gr-anted-by
26 N
27
28 (3) Sethaeks f-r-em pr-aper-ty lines. The FpAniffium sethaek fer- signs shall be five feet. Sethael
29
30
31
32 Seetion 114 125, gfound mounted sigfis shall on! be er-eeted in the immediate vieinity-9
33 a driveway.
File#2019-100 Page 32 of 46
Packet Pg. 3568
P.3.d
1
CDCD
CN
5 All signs shall cemply with the fell ements uniess fie peffflit is r-eqtiired.
Fn
6 N
7
8 and eenneetiens. Signs shEd!also eemply with the additienal standards hereinafter set fbAh.
9
10 (3) Strueture design. All signs that eentain iner-e than 40 squue feet ' I �er-eeted ever- E
11 20 feet in height shall be desigfied by --e—egister-edint-he state. StFdetUFal dF x
12 r
13
14
16 The Building Offioial may reques! wind lead ealeulatiefts fbr- sigfis of less than 40 squ ca
17
18 W
19 a. All eleetr-ie signs shall require a peffnit and shall be Underwriter's Laboratory appr-eved
20
21 eleetfieal eentraeter, that the siga fneets the standafds established by the Nation—al
22 Ejeetr-ieal Code, euFfeat edifieft. All eleet-Fie signs shall be ereeted and installed by effi CN
23 entity auther-ized te de se by Chaptef 6 of the Menfee Ceunty Code, and shall be-in
24 eonfeEmance with the Natioaal Eleetr4eal Code,
25
26 shall be by an entity authefiized by Chaptef 6.
N
27 b. Ai4ifieial light used te iflun-Amate any sign from outside the baundaTies of sueh sign s
28
29
30
31
32
CL
33 , ;
34 E
File#2019-100 Page 33 of 46
Packet Pg. 3569
P.3.d
1 ; an
2 4. Other-thaa the sefelling of written messages er-non animated graphies, all epe-r-ating
3 N
4 cn
5 _
6
N
7 the suppeffifig building 6F StFii6tUr-e shall be of galvanized steel E)r- E)f an equiv
8
9 (6) Siga affebei-7ing. No sign shall be suspended by ehains or- other- deviees that will a4lew th
10
11
12 (7) Deuble faeed signs. Deuble faeed signs with eppesing faees having an interior- afigle x
13 greater-than 45 degrees shall net be peffnitted.
14
15 ,
16 ereeted, displayed, rebuilt, nepair-ed, the eepy ehanged, painted of othet-wise maintained uefil a
17 unless the building permit number- is painted E)r- ethet=wise affb-ced tE) the sip — —'a stfuetur-e in
18
c
20 > supports, guys and
21 anehefs, shall be maintained se as to pfeseiit a eeat, Wean appeafanee. PaiBted areas and sign C44
22 suffaees shall be kept in geed eeiidifiaii, and illumdnatien, if previded, shall be maintained in safe
23 and good wer-king er-der,
24 (g) Responsibility.
CN
25 T
26 eaeh be held r-espeiisible for-adher-enee te this ehapter-and Chapter-6.
27 Seems 142 to i f�rr ne
28 (a) Pur-pese
LU
29 ,
CL
30
File#2019-100 Page 34 of 46
Packet Pg. 3570
P.3.d
I
CD
3
CN
4 ir
Ch
5 _
6
N
7
8
The P4anniag Dir-eeter- shall grant an administEative vafianee te th area per- fae-
9 r-equirements fer ground mounted signs that weemAnedate mer-e than a single User enly4f
10
11
12 property owners in the inunediate vieinit3,-,
13 b. The administr-ative varianee shall be the minimum neeessar-y te provide relief to the
14 apphe-ailt;
ca
15 e. Eash USeF shall be per-mitted only a single identifleatien sign per- eaeh faee/side ef
16 W
17 d. The area of eaeh user's identifteation sign sha4i net exeeed 100 square feet per
18 ; N
19 e. The tetal maximum area per- faee for- the ground fneunted sign shall not e5weed 400
20 square feet in area un! ee is gfanted by the Planning Cefluffissiefi ift CN
21
22
23 double sided signs unless a variance is gr-anted by the lanning Gemi:Bissien ifir
24 N
25 g. Sueh a ground mounted sign shall not be eenstraeted within 40 lineaf feet of afiethe
26 gr-eund meunted sign; and
27 h. The sign shall be designed in aeeer-danee with the size ef lettering guidelines set feAh in 0
LU
29 (3) Pr-e edu
CL
30
31 E
32
File#2019-100 Page 35 of 46
Packet Pg. 3571
P.3.d
I the appheation eemplies with the standafds, CD
CD
2 T-
3
CD
4 Plani ifig n;rantnr shall issue written . eeisio of denial to the n ,-,lioa t N
m
ir
5 y
6 Only after- detenninifig that an applisatiefi-A-mr- -A v—pnianee eemplies with the stafidafEls, th8 U)
CN Planning Difeeter- shall previde written notiee by fegulu mail to owners of feal pr-Opefty
$
9
10
11
12
13 .w
14
15
17 If requested in writing by the applieant, ef aft adversely affeeted owner- er-resident of real
18
19
20
21
22 N
23 The Planning Genm:nissien is autherized to gr-antvafiatiees to this ehaptef,
24
N
25
26
2$ The Planning Cemmissien shall grant a variaaee eMy if the applieatit defftenstfa*s that all a
LU
29
CL
30
31 ehapter- would eause undue and ttniieeessar-y hardship te the sign ewfieF besause -ef
32
33
File#2019-100 Page 36 of 46
Packet Pg. 3572
P.3.d
I b. The gr-anting ef the requested varianee would not be materially detr-ifnenW t
2 ,
3
4 ; _
Ch
5
6 N
7 e
8 e. The var-ianee is not requested solely en the basis ef eeenemie bardship ef the sign user-;
9
10
x
11 (3) Pre edur-es
tJ
12
13 ,the
14
15 Planning Commission. The Planning Difeeter- shall Feview the entire ap heatien an
16 W
17 Commission. The appheatien shall be heard a regularly sehe&Ied me-ti...
18
19 .,its, Beet•,-.,, 110 c v,
20 .
N
21 Within 30 days eff- date, ef the publie hearing, upon a finding that the applieacien has e
22 , the Pla
23 C,,,v,missie "sail issue a ,-itte , e deei,ie
24 See. 142-9. Government Signs. N
25 (1) Signs required or provided at the direction of county, state or federal government shall
26 be allowed_on public right of way without a sign permit but shall comply with the
27 county building code and other applicable regulations of the county, state or federal
28 government. Such signsmay include: 0
29 (a) The erection of government signs in the right-of-way of U.S. 1 as are
30 otherwise allowable pursuant to state or federal law. Examples of
CL
31 government signs shall include, but not be limited to, "Welcome to the
32 Florida Keys," "Thank You for Visiting the Florida Keys," and signs that
33 identify recognized communities or municipalities; and
34 (b) Traffic control signs erected by the county, state or federal government.
File#2019-100 Page 37 of 46
Packet Pg. 3573
P.3.d
1 (2) Any sign erected by or at the direction of the federal, state, or county government as
2 required by statute. Such signs shall not reduce the authorized size or number of signs
3 otherwise allowed by this chapter. All signs allowed pursuant to this para��raph shall
4 be the minimum necessary to comply with the applicable law. 44
5 See. 142-710. Nonconforming Signs.
6 Lawfully established signs which become non-compliant and or nonconforming to the current
N
7 regulations as a result of any amendment to this chapter may continue only as follows:
8 (a) For nonconforming ground-mounted signs, changes of eapy, ineludi*g type style, size or-an4
9 color changes; may be performed, provided that a permit is obtained and previded that the
is name of the businesses of establishments depieted by the siga ffe not ehanged. Changes ef
11 H,,elviag the naffie of the besinesses or-establishments depieted by the sign shall only b-.
12 .-eFfe „ :s brought iM*ein compliance with the requirements of this chapter.
X
13 (b) No permit shall be issued for repair or reconstruction of any nonconforming sign structure
14 where such work would be more than 50 percent of the replacement cost of the sign,unless the
15 sign is brought into compliance with the requirements of this chapter. Neither shall the
16 cumulative costs of repair or reconstruction exceed 50 percent of the replacement cost of any
17 nonconforming sign. The Planning and Environmental Resources Department shall maintain CO
18 an independently verified schedule of the replacement cost of signs.
19 (c) Determinations of nonconforming signs shall be made such that ground-mounted signs are
20 treated separately from wall-mounted and all other signage. For example, where both the
21 ground-mounted and wall-mounted signs of a particular parcel are nonconforming,the change N
22 of type style, size or color of copy of a wall-mounted sign shall not require that the ground-
23 mounted signage be brought into compliance. However, where a sign other than a ground-
24 mounted sign is required to be brought into compliance, all of the signs of an establishment N
25 other than the ground-mounted signs shall be brought into full compliance with this chapter.
26 (dc) Signs that cannot comply with the requirements of this chapter may be allowed to continue if
27 designated as a historical or cultural landmark pursuant to Chapter 134,Article III. The specific
28 conditions under which a designated sign is allowed to continue shall be set forth in the N
29 resolution of the Board of County Commissioners9EE. -
30 Sec. 142-11. Penalties.
31 Penalties for violation of this chapter shall be as provided in Chapter 8 of the County Code. 0
32 See. 142-811 identification SigmsSeverability.
CL
33 (a) Genununity business difeeter-y
File#2019-100 Page 38 of 46
Packet Pg. 3574
P.3.d
I
z that pfemetes businesses within speeifie eanmnunities in the Pler4da Keys threugh the use ef
3 .
N
T
4 ir
=
5 _
6
N
7
8
9 The eounty ffiay work with FDOT Distr4et 6 to develop a stign pregram that identifies speeial
10 fea4ur-es, tourist sites and business distr-iets. The eetiiity shal"e—dit.-te with leeal
11
x
12 (a) Generally. It is the declared legislative intent of the county that if any part, section, subsection,
13 paragraph, subparagraph, sentence, phrase, clause, term, or word of this sign code is declared
14 unconstitutional by the final and valid judgment or decree of any court of competent
15 jurisdiction,this declaration of unconstitutionality or invalidity shall not affect any other part,
16 section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this
17 code.
18 b Severability where less speech results. This subsection shall not be inteEprcted to limit the
19 effect_of subsection (I) above, or any other applicable severability provisions in the land
20 development code or any adopting ordinance. The county specifically intends that severability N
21 shall be applied to these sign re ulations even if the result would be to allow less speech in the
22 county, whether by subjecting currently exempt signs to permitting or by some other means.
N
23 (c) Severability of provisions pertaining to prohibited signs. This subsection shall not be
24 inte reted to limit the effect of subsection 1 above or any other applicable severabilit
25 provisions in the land development code or any adopting ordinance. The county specifically
26 intends that severability shall be applied to prohibited signs and prohibited sign locations, so
27 that each of the prohibited sign types listed in that section shall continue to be prohibited
28 irrespective of whether another sign prohibition is declared unconstitutional or invalid.. -
29 (d) Severability of prohibition on off-premises signs. This subsection shall not be interpreted to
30 limit the effect of subsection (1) above, or any other applicable severability provisions in the
31 land development code or any adopting ordinance. If any or all of the sin code or any other
32 provision of the county's land development code is declared unconstitutional or invalid by the
LU
33 final and valid judgment of any court of com ep tent jurisdiction,the county specifically intends
34 that that declaration shall not affect the prohibition on off-premises signs.
CL
35 See. 142 9. Guidelines for the size of lettering on signs.
File#2019-100 Page 39 of 46
Packet Pg. 3575
P.3.d
Iy CD
CD the appfieaiits ia order-te aehieve safe visibility fr-em passing moiar4sts;
3
T
ir
x
0)
c
N
0)
N
N
CL
File#2019-100 Page 40 of 46
Packet Pg. 3576
P.3.d
1 .
Size of Lettering for 40 mph Roadways
CN
CD
a5n — —
N
3W
z5.0
? `mow.. •�°".
200
9
150 --•-- ¢
a.
100 CJ
50
0
0 10 20 30 30 5o 60 do 90 100 110 120 13'0 140 150
0i tanc�e between the sip and the ay Ioli set ft.l W
rtl
Determine the location of sign parallel to the 10 (Lateral Distance) and the distance
between the sign and the driveway(Off-Set). Plot the Mresponding to the lateral and off- y
set distances.Select the letter size corresponding to the h 'ncluding or Itrtmedlately above the >
plotted point.When a sign is intended to serve both approac s,plot a point for each approach
and select the larger Fetter size.
N
xteaswr distinee 6ehretn and t"
VM 6egirutierg o{are d iMe+ay igas W
dowask�rn of the diveMay R distaar:e froae ..�,
Aswrrre a 0 t�di-Mme lbr sips irr ar tr"w hee
advance of the ddmway foaF szesdstanoe3 (iaaftfaidistamc r
(*flsetdictanee)
�.. N
F �
E*of-.ww� _
Poterrfiai Jxaroe
Measum distance Bem *►sign
odge of(1itlgEdiStaRpe)ll! Atterrr*imadan
Of!ur
2 CL
3
4
File#2019-100 Page 41 of 46
Packet Pg. 3577
P.3.d
7
Size of Lettering for 45 mph Roadways
�•13" ��14" .�".lg" . :..i6" CN
CN
so
350 �
�Iv —
9
4 200
ISO
LA'
i
a 100
� So Terri
0
0 Io 20 30 40 30 60 TO so 90 100 110 120
Nstance between the Sipe and th (off set-tt.)
J
Determine the location of sign paraflel to the y (Lateral Distance) and the distance
between the sign and the driveway(Off-Set). Plot the "nt corresponding to the lateral and off-
set distances. Select the letter size corresponding to the a including or immediately above the
plotted point When a sign is intended to serve both app es, plot a point for each approach
and select the larger letter size.
N
JJr&Iwre d!Sb11C! Sign MW .�
fll!Jxgexweq of fhe for Sigf}S
Assume a 0 R.distance thr rigns irr dor�fstfeun of the drirawry Yeas�
adranoe of the 4SdYmay golf set drstarfoel rl y distrnee)
(olf-satdisbffcej g'a
�- ®Edge ef-yiye4tene rr
EW d Tghei ® r
_.._.._.._.. _.._._.._.._.. .._.._.._..— ._. .. Rgkof-ilrf G3
iff- iz
e7C[ential IO abM
.1llWfiR!dfsta+rce fto�n of sign
edge artr7rel Jaffe Mama&bcadon
jJafera!distance) am;"
21
CL
22 .
U
File#2019-100 Page 42 of 46
Packet Pg. 3578
P.3.d
Size of Lettering for 50 mph Roadways
3 r
N
3 �
250
CD
6
N
r
200
i 7' t8
8 130 CJ
16"
a 100 15 rtW Qy
50 �A.y`x
0
0 10 ZO 30 40 60 70 so 9D 140 110
Oistanme between the sip and t iveway(Go-set-*.I u
Determine the location of sign parallel to the ro y (Lateral Distance) and the distance
between the sign and the driveway(Oft Set). Plot the 'nt corresponding to the lateral and off-
set distances. Select the letter size curesponding to the a including or immediately above the W
potted point.When a sign is intended to serve both app hes, plot a point for each approach
and select the larger letter size_
0
Areasure distaxe sign and v_J
the brgkvAM tithed' for Opt
dornstream of thR drivergy VWNWT dishnee born W
dsumm a 01t.distance for signs in of ttnvel lane
adrartce of ft drireway f att setdatartee) lateral dxtsrrce)
(alf set distance) •4
cv
_ 4
r.
4- ® W
�ot?vua i.sne
ErgeoFTro>rc?:rne® � (�
Potardaf rocado„ _
tlsssm distance Sam of sign
W bm rifeem I locaaoa
1 of srgrt
2
LU
CL
File#2019-100 Page 43 of 46
Packet Pg. 3579
P.3.d
1 .
Size of Lettering for 55 mph Roadways N
T
350 N
300
230
2OQ
h a E
6 ISO e(
300
8" .
q 1T'
Yy 50 F U
V i
VJ
0 14 20 30 40 60 70 M 90 LOO
Distance between the sips and the (off set-R.)
Determine the location of sign para8ei to the roadwa Lateral Distance) and the distance
betv"n the sign and the driveway(Off-Set). Plot the ding to the lateral and off- >
set distances.Select the fetter size corresponding to the kne eluding or lmmediatety above the
plotted paint.When a sign is intended to serve both approach plot a point for each approach
and select the larger letter size.
ihasune drsb►nce be[Meen dre and
�
Me berg of floe dr*emy
Assume a 8 R.destxice.thr signs in dorarstrea�n of llrr ati"Wy Sthnasuee dr:raaor har
advance of Sze drirexa faif-set aGstance� edge of hares lane �
� {dateraf dFstanoe)
fatr-set diFuftej r
kd9e otr:.ai _
Si1raF'T�e.rt]are�
Pote"dal kmation
AE�euee distance hart �f sign � F®
edge ofba+nM lane ,Ult+rpaft Facaobn
fkt atdfs6nc+e) of sign
File#2019-100 Page 44 of 46
Packet Pg. 3580
P.3.d
2
3 Section 2._Severability. If any section, paragraph, subdivision, clause, sentence or
4 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
5 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but =
6 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or y
7 provision immediately involved in the controversy in which such judgment or decree shall be _
8 rendered.
9
10 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
I 1 this ordinance are hereby repealed to the extent of said conflict.
12
13 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
14 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
15
16 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
17 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
18 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
19 approving the ordinance, and if the final order is challenged, until the challenge to the order is
20 resolved pursuant to F.S. Chapter 120.
21 ca
22 Section 6. IncIusion in the Monroe County Code.The provisions of this Ordinance shall
23 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an W
24 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
25 marking system of the Code.
26 v',
27 Section 7. Effective Date. This ordinance shall become effective on the l' of January,
28 2021, and as provided by law and stated above. _
29
30
31
32
33
34
35 THIS SPACE INTENTIONALLY LEFT BLANK
36
37 SIGNATURES ON THE FOLLOWING PAGE
38
39
40
41
CL
42
File#2019-100 Page 45 of 46
Packet Pg. 3581
P.3.d
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
CD
2 Florida, at a regular greeting held on the day of
3
4 Mayor Heather Carruthers
S Mayor Pro Tern Michelle Coldiron W
6 Commissioner Craig Cates
7 Commissioner Sylvia Murphy
8 Commissioner David Rice
9
10 �
11 BOARD OF COUNTY COMMISSIONERS
12 OF MONROE COUNTY, FLORIDA c,
13
14 BY �
15 MAYOR HEATHER CARRUTHERS
16 (SEAL)
17
18 ATTEST: KEVIN MADOK, CLERK
1.9
20
21 DEPUTY CLERK
MO 06 0-OUNTY ATTORNEY
t ,t + M .%
cv
r.
r.
cv
2
CL
File #2019-100 Page 46 of 46
Packet Pg. 3582