Ordinance 018-2020 f
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4
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY CIA D OF COUNTY COMMISSIONERS
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9 ORDINANCE NO.018-2020
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12 AN ORDINANCE BY THE MONROE COUNTY BOARDOF
13 COUNTY COMMISSIONERS AME ING MONROE COUNTY
14 LAND DEVELOPMENT CODE CHAPTER 142 SIGN
1.5 PROVIDING E A ILIT ; PROVIDING FOR REPEAL
16 OF CONFLICTING PROVISIONS; PROVIDING FOR
17 TRANSMITTAL TO THE TAT LAND PLANNING AGENCY
18 AND THE SECRETARY OF STATE; PROVIDING FOR
19 INCLUSION USI IN THEMONROE COUNTY NTY LANRDEVELOPMENT
20 CODE; PROVIDING FOR AN EFFECTIVE DATE.
21.
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2.3
24 WHEREAS, on August 22. 2019 a community meeting was held, as required by LDC
25 Section 1.02-159(b)(3), to discuss the proposed Land 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
30
31 WHEREAS, staff is recommending approval of the proposed amendments to Monroe
32 County Land Development Code Chapter 142 to address development reuulation related to signs,
33 particularly in light of the United States Supreme Court case of Deed v. Town of Gilbert, 576 1.&
34 155 (2015); and
35
36 WHEREAS, the Monroe County Planning Commission field a public hearing on
37 December 18, 2019, for review and recommendation on the proposed amendment, and
38 recommended approval with changes through Resolution P5 -19; and
39
40 WHEREAS, at a regularly scheduled meeting held on the 1.9"' day of February, 2020 the
41 Monroe County Board of County Commissioners (BOCC) held a public hearing, considered the
42 staff report, and provided for public comment and public participation in accordance with the
43 requirements of state law and the procedures adopted for public participation in the planning
44 process; and
45
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I WHEREAS, the BOCC tabled the item and asked staff to gather more information on
2 certain types of signage and the impacts of the proposed amendments; and
3
4 WHEREAS, at a regularly scheduled meeting held on the 15"' day of July, 2020, the
5 Monroe County Board of County Commissioners (BOCC) held a second public hearing,
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 H 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
24 Section 1. The Monroe County Land Development Code is hereby amended as follows:
25
[P�-roos�ed Amendment (deletions are stfiek additions are shown in underlined).
26
27 Chapter 142 SIGNS
28 Sec. 142-1. Purpose and Intent.
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-discriminatory sign standards. The sign
31 standards of this chapter are intended to meet the statutory requirement of Section 163.3202(f),
32 Florida Statutes, for county land development regulations that regulate signage. They are 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 sign 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
40 serve substantial governmental interests and, in some cases, compelling_governmental interests
41 such as traffic safety and warning signs of threats to bodily injury or death.
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I Monroe County is a vital. primarily resort community, uniquely situated at the southernmost area
2 of Florida in an historic and environmentally sensitive area. It is a designated Florida Area of
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
5 county is heavily dependent on visitors from all over the nation and the world. In order to preserve
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 12ufpo se and intent of-the sign regulations afe-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;
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;
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 by regulating signs so as not to interfere with, distract,
27 or obstruct the vision of motorists, bicyclists or pedestrians,
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
31 and beautification of streets, sidewalks,public parks,public right-of-way, and other public
32 places and spaces, are protected by exercising reasonable controls over the phyaLcAl
33 characteristics and structural design of signs;
34 (r10) Be fair in that everyone receives equal and adequate exposure to the public and no one
35 is allowed to visually dominate his neighbor;
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I (�Ll) Authorize the use of signs in commercial and industrial areas that are:
2 a. Compatible with their surroundings;
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
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;
12 (9�12) T-e4Limit 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.
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:
17 Area of a sign. Refer to Section 142-5(1).
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.
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 Buskes-s#enkfge. See "frontage, business,"
24 Changeable eepy sign --I��eally designed for-the use- of r-eplaeeable eepy that does
25 net invelve r-eplaeeffient of the sign -fa-ce itself or- -Wfe.
26 Changeable copy sign means a sign with the capability of content change by means of manual or
27 remote input, including the following types:
28 Manually activated. Changeable sign whose message copy can be changed manually on a
29 display surface.
30 Electronic message center means an electronically activated changeable copy sign whose
31 variable message cgRability can be electronically programmed.
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1 .— _ Di 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
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
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 sign means any digital display using technologies such as LQD, LED, projection and e-
10 paper 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.
17 Face of sign means the planes of a sign on which copy could be placed, including trim and
18 background.
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
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
26 a street or highway is divided as occurs on Key Largo, a parcel of land in the median of the street
27 or highway shall be considered to have a frontage on each side. All parcels that abut U.S. I 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 means 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
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1 independent of any other structure. Signs affixed to fences shall be considered ground-mounted
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 are intended to previde
8 infefffiatieft4o-peopIe which direct persons to prohibited or permitted activities, or conditions on
9 the property. Examples inelude, , " eal elosed," gr-ass," "pay
10 ramp fee at the offiee" and "Fie fishiftg—."
11 Licensed sign contractor means any person holding a valid certificate of competency in sign
12 erection issued by the county.
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 displayed.
16 Off-premises sign means any sign leea4ed e s ether than these en whieh the business e
17 a nonaccessory
18 billboard or sign that displays offsite commercial advertising. When in the right-of-way of or
19 visible from U.S. 1, off-premises signs are required to be registered with the Florida Department
20 of Transportation (FDOT) pursuant to F.S. Chapter 479.
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.
23 Permanent sign 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
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--ate#
32 vehieles whese primar-1 . . . adveftising.
33 Posted property sign means a sign for the purpose of warnings or prohibitions related to the
34 property on which it is posted.sueh as, but net fin-Ated to, the whieh indieates "Re
35 g,+ " "beware of deg," 10 RE) of ether- similar war-aing-s-. State statutes may
Hespassin
36 establish requirements for these signs.
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I Premises means any parcel of land owned, leased or controlled by the person actively engaged in
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.
4
5 —1-1ding aIA-GURO-publie assembly pemi-it,te advertise a speeial eveR4 sueh as a bazaar-,danee-,
-Y 6show, er-a show, or sifpd - event.
7 Pr-epenyftentage. See 4-r-entage, pr-epei4y."
9 Real estate sign means a -g- —ed solely for- the puFpese of affer4ag for sa4e, lease, E)r- Ir-e-RIE t1fie-
9 epea-fer-inspee-t1-- 1 +--I-d
l 1d "open house "
, , ,
10 11 1r .
made!hoine." S-1, -;gfts are allowed only while apr-ep&Ay is fer-sale-,
11 lease ef r-efA-.
12 Rotating sign or revolving sign) means a sign that revolves or turns or has external sign elements
13 that revolve or turn. Such sign ma v be vover-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.
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,
19 letters, figures, designs, symbols, fixtures, colors or projected images. Signs do not include:
20 (1) The flag or emblem E)f any nation e- ----- s' state, eity, or- ft-atefRel-,
21 religious E)r- i i - . ':atiens;
22 (21) Merchandise that is not otherwise incorporated into a sign structure;
23 (3�2) Models or products incorporated in a window display;
24 (4�3) Works of art that do not contain advertising messages and in no way identify a product,
25 use or service; or
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 teinporary sign erected by a non p of t organization or or anizations
30 holding a valid county public assembly Dermit, with a puKpose to advertise a special event.
31 Temporary sign means any sign not,permanently installed on property which is intended to be
32 displayed for a limited-period of time. A sign with an intended use for a period of time related to
33 an event shall be deemed a temporary sign.
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I Vehicle sign means a sign mounted or painted on any vehicle, trailer, floating device :LKU, raft,
2 or boat, whether licensed or unlicensed, for the primary purpose of advertising commercial
3 products or, services,. conveying commercial messy es 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
8 the public.
9 See. 142-3. GeneraI44evision&Applicability.
10 (a) Applieability of ehapter-.Generally.
11 (1) Type of aefiAties affeeted.
12 T-hi, -I, I,all apply to any anwhe ereets, eenstr-uets,enla-ges ehangesihe
13 C-E fies, or-eenve— '.__s or-eauses the --e done. if a type of sign is,
14 fK* speetifieally alle ed under- this Map,- , Al slfiall be eensider-ed to be pr-ehmibid This
15 chapter shall apply to the erection, construction or alteration of any-sign, unless exempte
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.
18 (b) (2) Type ef aActivities not affected.
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.
22 a. An ted by or- at the difeeti An ef the federal, state, or-eeunty Vveffiment. Stieh
23 -------- 10 auther4zed size of nuflRber-e__ Ne-Aved-by th'
24 ehaptef. All `d purstiatit te this seetion shall be --------
25 Gemplywit 4e4a-w--,
26 47LLChanging of the a&ei4isffig copy or-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 type, size or color not in
30 compliance with this chapter;
I—N, "'board (r-efer- to definition of hillheard 31 e. Chan-mg the eepy of a lawfully exis"ifig b_
32 C__
IQ 9-)/-,
33 4-.Q Works of art that do not contain advertising messages, and which in no way identify
34 a product, use, or service;
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I e-.M Maintenance of lawfully existing signs and sign structures that does not involve
ification-, s 2 ehange of eepy, med. 9
_Etructurall enlargement, reconstruction, feleeafien-or
3 additions to any sign or- sign struetur-e. Replacement of the damaged or deteriorated
4 plastic face of a sign shall be considered maintenance, pr-evided that the eopy not
5 ehaiiged. The necessity to obtain a building permit for such-maintenance work shall be
6 governed by Chapter 6;
7 f. The-efeet;en of GeMMURAY interest signs in the right of way ef U.S. 1 as are other-wise
8 allowable pursuant to state or-federal law. Examples E)f -, '111
9
L
inslude,but netbe limited to, "Weleet.- N' "Thank Y-eu fer Visiting
r
10 the F4er4da Keys," and sigiis-1hat-4defitify Feeegnized eammunities o-
12 rr terier-pr-epei4y inferma4ien signs as deffiied i&Seefiea442-2-.
13 (4) Any sign not visible from a public street, sidewalk or right of way or from a navigable
14 waterway or body of water•, except that the foregoing does not ex=t a sign for
15 commercial use that is visible from an abutting residential use.
16
17 See. 142-4,(b)Prohibited signs.
18 The following types of signs shall not be erected or operated on any property in the count y limits;
19 lights, a&ei4ising de-Aees or- activities are prehibite :
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
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,
27 signal or device;
28 (3) Discontinued 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;
31 (4) AniR+atedRotating signs, excluding electronic message centers and automatic changing
32 signs -of which all or- the sign physically Fevelves or- any fashien
33 ...-_4%e-1-ef' _-F-Whieh-eent4ns er uses for- -ight, lights of lighting d-1-
34 which changes eeler-, flashes er- alter-nates, ssh._�vs m.e.tion Pir move-men, ()
.' ar ehanges the
35 appear-anee of sueh sigfl-.The whose operations efeleety-enic Ffiessag -centers and autematie
36 -1,�---- 'igns shall be governed by Section 142-5(d)(4)8;
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1 (5) Signs that emit smoke, vapor, particles, odor or sounds;
2 (6) Signs using a video, digital means, or Mmotion picture source used in such a manner as to
3 permit or allow the images or audio to be visible or audible from any public street,-
4 sidewalk or navigable waterway,including but not limited to vehicles displaying electronic
5
I-, floating deviee,bar-ge, raft,
6 (7) Vehicle signs -parked No per-son shall park an,
7 or beat, whether-Reensed or-uftheensed—, on any public property, including public rights-of-
8 way, navigable waterw4ys and beaches, or on private property so as to be clearly visible
9 from any public right-of-way—, whwh4ias-attaehed thereto er- lesated thereen any sign,-ef
10 pr-emetional element, r- the pr-imar-y pur-pose E)f advertising pr-edtiets of sei=viees-,
11 ee-ey-g fnes agE-, of direeting people to a business E)r- aetivity. 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
16 services, including taxies, shall be allowed an 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 pelitiea4 eaffipaigRipmRorary signs as permitted in Section 142-
21 3(d)l and A-frames signs as permitted in Section 142-4{h)8;
22 (9) Any sign that is affixed to any wall or structure and extends more than 24 inches
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
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;
28 (12) Signs erected, constructed or maintained that obstruct any firefighting equipment,
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 limited to, signs placed
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;
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1 (15) Unshielded illuminated devices that produce glare or are a hazard or a nuisance to
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
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
7 Administration;
8 (19) Signs attached to ajpAway, dock, buoy, tie pole or pier, or in or upon any body of water
9 other than warning signs, safety signs, or government regulator�gg
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 highway; and
12 (012_1 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
15 repaired by the owner of the sign or the owner of the premises, or as otherwise provided for in
16 this chapter.
17 See. 142-5.kd)-Sig Permits.
18 (a) Generally.
19 Except for temporary signs and signs specifically provided by this chapter,_it shall be
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 building permit shall be paid in accordance with M12licable county fee schedules.
24 (b) Sign permit decision and_Vneal.
25 (1) A building permit for a sign shall be either gpproved, qpproved with any condition
26 specifically described and set forth in the county code of ordinances, or disuproved,
27 and the decision shall be reduced to writing within 30 calendar days following a
28 complete application and payment of qpplicable 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 emergency 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
File#2019-100 Page 11 of 46
I that the applicant fails to receive a statutorily required explanation, the applicant shall
2 submit a written request for the explanation to the Building Official via certified mail.
3 (2) A decision of gpproval with conditions or a denial shall be a final decision of the county
4 if the applicant chooses not to seek reconsideration,by writing,within ten(10)calendar
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
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 thLrty.(30) calendar days from the rendering of the
10 building permit decision or reconsideration.
11 Lcj Administrative- sign 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).
15 (1) Application. An Lapplication shall be submitted to the Planning and Environmental
16 Resources Department on a form Uproved by the Department.
17 (2) Standards. The Planning Director shall grant an administrative variance to the
18 maximum area per face requirements for ground-mounted signs that accommodate more
19 than a single user only if the applicant 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;
23 b. The administrative variance shall be the minimum necessary to provide relief to the
24 gpplicant,
25 c. Each user shall be permitted only a single identification sign 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-granted by the Planning Commission in
31 accordance with Section 142-5(e);
32 L The total face area for the ground-mounted sign shall not exceed 800 square feet on
33 double-sided signs unless a variance is granted by the Planning Commission in
34 accordance with Section 142-5(e),
35 g. Such a ground-mounted sign shall not be constructed within 40 linear feet of another
36 ground-mounted sign-, and
File#2019-100 Page 12 of 46
I h. The sign shall be designed in accordance with the size of lettering guidelines set
2 forth in Section 142-12.
3 (3) Procedures.
4 The Planning Director shall determine within fifteen (15) calendar days if an
5 a__lication is complete._The 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 application complies with the standards,the Planning
10 and Environmental Resources Department shall provide public notification in
I I 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.
14 (4) Surrounding property owner notification of application.
15 Only after preliminarily determining 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 gpplication. The notice shall provide a brief description of-the proposed administrative
19 variance and indicate where the application may be examined. The cost of prgviding
20 notice shall be borne by the applicant.
21 (5) Decision by the Planning Director.
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
24 pplication. Upon a finding that the.,4pplication has or has not copaplied 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 the applicant, 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.
34 (e) Variances granted by the Planning Commission. The Planning Commission is authorized
35 to grant variances to this chapter.
File#2019-100 Page 13 of 46
1 (1) Application. An application shall be submitted to the Planning and Environmental
2 Resources Department on a form approved by the Department.
3 (2) Standards. The Planning Commission shall grant a variance only if the_4pplicant
4 demonstrates that all of the following standards are met:
5 a. The literal interpretation and strict application of the provisionand requirements of
6 this chanter 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
8 question;
9 b. The granting of the requested variance would not be materially detrimental to the
10 property owners in the immediate vidgiW
11 c. The unusual conditions applying to the specific property do not apply generally to
12 other properties in the unincorporated county-,
13 d. The granting 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;
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 to provide relief to the applicant; and
19 g. The variance shall not permit a sign expressly prohibited by this Chwter.
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 Department's receipt of a complete!-Application and payment
24 of applicable fees, the Planning Department shall schedule the application for review
25 and decision by the Planning Commission. The Planning Director shall review the
26 entire p2lication and all public responses thereto and prepare a staff rpport with
27 recommendations for the Planning Commission. The application shall be heard at a
28 regularly scheduled meeting of the Planning Commission. Notice, posting and hearing
29 requirements shall be in accordance with Section 110-5.
30 (4) Decision by the Planning Commission.
31 Within thirty (30) calendar days of the date of the_public hearing, upon a finding that
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
34 variance is denied, the written decision shall provide reasons for the denial.
File#2019-100 Page 14 of 46
I See. 142-6. General provisions for signs.
2 The requirements of this section shall apply to all signs whether or nota permit is required,
3 unless otherwise noted below:
4 (a) Measurements.
5 (1) Measurement of sign area.
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 sul?12orting structure , 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.
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.
20 (2) Measurement of sign height. The height of a sign shall be considered to be the
21 vertical distance measured from the to of the structure to the finished ground
22 elevation of the site at the base of the sign. In no event shall excess fill be used to
23 raise a sign.
24 (b) Consent of propLALowner 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 displaed. ThLsign owner(s),the property owner(s)of the property on which
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 property
29 owner must grant access to the property for inspection purposes, for the life of the sign.
30 (C) CQUDty sign number. All signs for which a RgmLt-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 12aintcd or otherwise affixed tothe sign
33 or sign structure in such a manner as to be plainly visible from gLade.
34 (d) Location restrictions.
35 (1) Clear sight triangle. No sign shall be erected that would iLnpair visibility at a street
36 intersection or driveway entrance pursuant to section 114-20 1.
File#2019-100 Page 15 of 46
1 (2) Clearance from high-voltage power lines. Signs shall be located in such a way that
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.
4 (3) Setbacks from property lines. The minimum setback for signs shall be five
5 setbacks shall be measured from the property line to the farthest extension of the
6 sign, including any overhangs, guy wires and supports.
7 (4) Scenic corridor buffervard. 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.
to (5) Fences. The authorized ground-mounted sign not requiring a permit may be placed
11 on a fence regardless of setbacks 2Lovided the sign does not extend above the fence
12 or project more than four inches outward from the fence.
13 (e) Structure design, engineering and construction.
14 (1) Compliance with Florida Building Code. All signs shall comply with the
15 appropriate 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
18 6.
19 (3) Structure design. All signs that contain more than 40 square feet in area or are
20 erected over 20 feet in height shall be designed by an engineer registered in the
21 state. Structural drawings shall be prepared by the engineer and submitted prior to
22 a permit being issued. Wind load calculations shall be contained in the gagjqggdM
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 surrounding the sign. 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 loading. 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 galvanize
32 steel or of an equivalent corrosive-resistant material. All such sign supports shall
33 be an integral part of the sign.
34 (5) Sign anchoring. No sign 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..
File#2019-100 Page 16 of 46
1 (6) Double-faced signs. Double-faced signs with opposing faces mu not have an
2 interior angle greater than 45.
3 (f) Electric signs, digital signs and illuminated signs.
4 (1) All electric signs shall require a permit and shall be Underwriter's Laboratm
5 approved or certified bra sign electrician specialty contractor or licensed master
6 sign contractor, or an electrical contractor, that the sign meets the standards
7 established by the National Electrical Code, current edition. All electric signs ahaLl
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
11 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 adj
acent .��_�
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 messages only-,
18 b. Displaying any form of motion, or the optical illusion of movement, video or
19 var3ing light intensity is prohibited;
20 c. Each message on a digital sign must be individually complete and shall not
21 continue on a subsequently displayed messLage;.
22 d. Audio mechanisms, producijig 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 light, as measured using a foot candle meter at a
25 pre-set distance. This requirement is based on levels established by the
26 Illuminating Engineering Society of North America (JESNA) 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 lipht 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
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,
File#2019-100 Page 17 of 46
1 shall not impact neighboring ro erties maximum illumination measured in
2 footcandles at the property line shall not exceed 0.3 footcandles.
3 h. Malfunction. Digital signage shall have a default mechanism installed to either
4 turn the display off 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
I follows:
12 (1) Sign structures that remain vacant, unoccupied or devoid of any message, or display 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 sign 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
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 si 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 local communities to develop a sign program that promotes businesses within specific
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 incolporate a theme which
31 promotes the unique character of the local community.
32 (3) Off-premises special feature identification signs. The county may work with MOT
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
35 appropriate landmarks to be identified.
File#2019-100 Page 18 of 46
1 (J) Substitution of noncommercial speech-for commercial speech. Any sign erected pursuant
2 to the provisions of this code may, at the option of the �!pplicant, contain either a
9 noncommercial message unrelated to the business located on the premises where the sign
4 is erected or a conunercial message related to the business and located on the business
5 premises pursuant to the following regulations:
6 (1) The nonconunercial message may occupy the entire sign face or Portion thereof.
7 (2) The sign face may be changed from commercial to noncommercial messages as
8 frequently as desired by the owner of the sign, provided:
9 a. The size and design criteria conform to the Uplicable portions of this code;
lO b. The sign is allowed by this code;
11 c. The sign conforms to the requirements of the qpplicable zoning designation; an
12 d. The-Mpropriate permits are obtained.
13
(3) For the puKpose of this sign code, noncommercial messages shall never be deemed off-
14 premises signs.
}5 (k) Viewpoint neutrality. Notwithstanding an3qhing contained in the chqpter to the contrarL
lb 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.
18 See. 142-7. Temporary signs.
]Q
20
21 Ban----, p-ded they cle not exeeed 32 squafe feet per- faee and t-h--.F-e is only enej3ef
22 business 4entage, and they ffe displayed temper-ar-ily for- a ___OA _r
23
24
25 (2) Business affiliation and law enfigr-eement siTlas.
26
27 the affiliated, and ifieluding,but not liwAted to, forms 'payment aeeef4ed-by
28 the seeupatit, afid other-signs safety and iffi-A,
29
30 f8fffi as.
I ! telep
2 14 open" of 11 11 11shees
11 11ne 11 11no "
3 that su" signs ----pt -o-sted-on erneaf the entranee --r-sandth teta4 of stieh signs does net
4 exeeel1 six sqaare feat,
5
! 4-sqeare-fset per !
7
8 Signs ereet sites-that identify , waer, are
9 eefitraeter, finaneial ifistitutiefi,
er other per-sons and firms peffbF
10 , laba. or supply of materials to the premises; previi I-A the signs are aet instal
11 until a building permit is issued and are removed within 30 A_' er A, issuanee 0
12 .
13 a. ..8AAs far- individual tradesmen or prl"- ssienals shall liffl-ked to four sauare feet in are
14 ;
15 b. Signs for more than ene tradesman or p efessional shall be limited to a tatal ef 32 square
16 feet in are . v faee andeight feet in 1i'eeig14.
17 .
18 Vgfts4eeated-eetirely an the property+a whieh the sign pertains and whieh are inteft&449
19
20 1 R 11 " N one 9P II 11 IP
�J 9 ! 9 wa4k!
21 11teh signs de square feet 9 ! !
22
23 ,
24message,
25 square &et in sizie- There shaill I'lee tie number or size tk4k eff the display af the-0,9- of any
2 nation, organization of 9 9 ! er ! 5 !
27 (8) Gar-age alesigns-.
2sales, provided they are ereeted nat more than 24 hours priep4e4e-siale
29
30 square feet per
31
File#2019-100 Page 20 of 46
I
2 9
3
4 type, 7 area, 5 pr-evided that they do not interf-ere
5 YV 811
.
Signs
but net
ked
flafnes of buildings and date of ereetien when eut int
°(p� S 5
]
9 previded the total ef sueh signs Elees ast exeeed eight square feet;
10 (11) NaRiep ,tar
11 Signs bearing enly property numbers, street ] 9
12 ,
13 newt exe srn cr�s�_uti et per sign fne a-;
14 (12) Posted.,...per-F., s tn
15 " "
9 9 ! 5
beware-
16 rr rr ne dumpingrr
11 5 9 5
and net exeeeding four in number peef 9 7
18 spaeing, and size as is required pef state statutles. Suelft --tipis shall net be4Huff4ftated-nef
19gilt e&
20 (1 3) ixlnY.ing signs
2^ Sips puty.1f f the existence of da nger,
but eent
22 matefial, provided the sign does not —.-eed
23 ,
24
25 Window signs th4-eeHee4vely eever 35 pefeent ef less 6. Suffaee area.
26 Note; The A-h-A-vieffl-eal-q-ti-ened business in affiliation signs sha4i be
2!7
e eiti erg from the a efnp .tnt..s of the n ea
�9
28 .
29 , Of a
30
31 ,
32 ;
File#2019-100 Page 21 of 46
1 ,
2 G. Th- slgfl, 1-f gr-auad mounted, does not exeeed eight feet in height•j and
3 d. The temperiary sign sha4l be removed upon !be installalien of the permanent sigM.,
i t
4 1 Vj X ��VUX
5 Polilieal signs _ndida+es for-publie afflee or measures on eleetion
6 balle6dd shal_j be
7 a. pelifi.eall — be ereeted ne earlier than 70 days pfief to sueh eleeti mi-afid-Ah4H3ie,
8 removed wit-bin 4 HAIXq sueh eleetiart. Sig— -e --v pis .-main in plaee bet veeri
-A e 9 .- efts--I--+—'---e eandidates advane pn-_ffay. Fa"r
10 +VheZ-e e8fiditiefis-shall eenstitute the basis fbr sign removal by the eounty or its
11 designee;
12 b. Ifi afeas %ned primarily fer residential er lew intensity rienresideritial uses- (G-D, CFV,
13 18, MN, NA, 09, PR, SS, SR, SR L, UR, URM, AND URN! L), palitieal signs s
14 no! exeeed 16 square feet per Faee of eigI4 feet ia heigM and shall nat be illa"liated.;
15 affd
16 e. In a as zen
F----'---'Y.-r-aenresidential uses (AD, GFA, CFSD,DR, 1,MP,MI,NIU,R_V,
17 SC, and UG) Pel.+.611 signs s all not exeeed 32 square feet-per-Ifawee Ot feet hi heigl*
18 (17) Promotional signs-.
I Aq Afj�_ 1 4
19 Prefftefierial sigiis per-SeetiEffi
21 Real estate sigris per S e etien 14 2 4(I)b-.4-.
22 (19) Menument signs-.
23 Sig - . .ig per---- a--paints Af may be plaGed on any par-eel, i
24 applieable par-eel,but shall ..-,_____4 fou. square feet. 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
27 required below.
28 (a) A temporary government sign shall not require a sign permit and shall be allowed in all
29 zoning districts on public property and public rights-of-way.
File#2019-100 Page 22 of 46
I b)A temporary sign displayed on a window surface must be displayed on the inside of the
2 window surface, shall cover no more than 35 percent of the window surface, and shall not
3 be illuminated.
4 (c) Temporary signs on residential)y zoned property utilized for residential or institutional
5 uses shall be permitted subject to the following limitations:
6 (1) No more than 3 temporary signs) 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) Sim 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 (1) No more than 3 temporary sign(s)not exceeding 12 square feet. (Note: If more
15 than one sign is allowed, the square-footne should be cumulative).
16 (2) These tegiporary signs shall not be illuminated and shall contain only static
17 messages.
18 (3) Signs shall not exceed 6 feet in height.
19 (4) Signs shall not be utilized for more than 180 dMs per year.
20 Sec. 142-48. -Permit and Sp---,P-- Standar-&Permanent Si
21 (a) U-pen appliealien for-, and issumee of a building penfAt, emeept as indie 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: be allowed. In ordef for-
24 applie ation te be appf eved, the apph----BA st prant aGees s te t1fie-pffe-f-e-AF, r-,
25 fa f the 1 i fe --il 'I-.-- si Z-1 fl.
26 G) Bench signs. Bench signs shall be allowed, upon qpproval 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
29 the donor's logo 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
31 a total of six square feet, and
File#2019-100 Page 23 of 46
I c. Bench signs shall be limited to one per designated bus stop.
2 (2) Business affiliation and law enforcement signs.
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 acce tamed by
5 the occupant, and other signs pertaining to public safety and law enforcementprovided the
6 total of such suns does not exceed four square feet;
7 (33) 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 signs does not
10 exceed six square feet-,
11 (4) Commemorative plaques.
12 Suns of recognized historical nature, provided no plaque exceeds 16 square feet per face.
13 (5) Directional signs.
14 6 Fla s.
15 a. Each business frontage shall be allowed to dis la two flags containing any commercial
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 Flagpoles 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 flagpoles may be installed
22 and no more than two flags displayed on a flagpole. Each flagpole shall require a permit
23 and shall not exceed 15 feet in height and must be setback at least 5 feet from the right of
24 way as measured to the flag. Flag poles 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
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 major street bufferyard is required pursuant to section 114-
30 125 a and b flagpoles shall only be erected in the immediate vicinity.of a driveway.
31 7 Hospitals or other emergency facilities. In addition to other si na e 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
34 not exceeding3322 square feet per face to identify each emergency entrance.
File#2019-100 Page 24 of 46
1 (8) Interior property information signs as defined in Section 142-2.
2 (9) Memorial signs or tablets.
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,
5 provided the total of such signs-.does not exceed eight square feet. Signs reco nizing
6 persons or points of historic interest may be placed on any parcel,if applicable to the parcel,
7 but shall not exceed four square feet.
8 (10) Nameplates.
9 Signs bearing only property numbers, street addresses,mailbox numbers,estate names,the
10 occupation of the occupant or names of occupants of the premises, provided the•suns do
11 not exceed two square feet per sign face.
12 (11) Posted propertysigns.
i_ng_s.
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 suns.
18 Window suns that collectively cover 35 percent or less of the window glass surface area.
19 Note:_ The abovementioned business information and business affiliation suns shall be
20 excluded from the coMputation of the window signarea.
21 (a) Cpeeinl signs
22 .
23not exeeeding-32-
2 ,ir a permit, xrriz irlu l that such signs are-:
25 1.-a;e"4t
26 -2 Not laeated in ., eleaf sight tfianl la.
27 3. Limited te twe PfE)ffl tiefial signs eii the. E)f the event;
28 4. Posted no eaAier- than efbfe the Ovemnt And- —Are F-e-r-A-A-ved- mlithin five days
29 after the-event; and
9
File#2019-100 Page 25 of 46
1
5. Liffilited tO IWO Off PF etional signs eFeeted no mere than 24 haur-s prior-
2
3 pravided that pen:iiissieaof the preps ewner ef whie e
4sign is ereeted is granted.
5 b
6 faee shall be allowed in any Land Use "7-ming, r"s—e- b
7 ing permit, provided that ffie Pram,
8
event; ,-prier to a prepesed event and are removed within
9 five days after sueh
10 2. De net exeeed 128 sqeafe feef;�
11 '2 Are e to fl __ces of the a wt
J. AV�id4m+u Vi5 6A14�/r�
13
14 i___ 1 ,-. faee ine! diag riders, per-pr-eperty shall not require a perwAt-,�
15
16 1. Not
17 2. Ground ffie1 -;-ns shall not e*eeed eight feet ie be:"t
18 b. Real estate signs exeeeding six squa .1-et. Real e tate si gas -----A,-g six square k-e�
19
20
21 y
22 square feet in area,
23 eYeeed eight feet, a-}as.ig t
24 , regardless of the limitations set forth ift
25 ,
26 La�quare feet,
27
28 meented n gfis ..i,an not exeeed eight feet in height-
29 , upon approval of the BOCC, a4 any desigftated
30 bus stores subjeet to the fallowing lim tntie
31
32donor's !ego or
9 g
File#2019-100 Page 26 of 46
1 b. Be ehes in eeRuner-eial areas shall be allowed te ha-_S
2 ;
3 e. Beneh signs shall be limited te afte per-designated bus�.
4 (b) Permanent signs in residential areas and areas of low intensity-.
5 sign-S intensity (CD, CFV, IS, MN, NA, OS, PR, SS, SR, SR-
6 L, UR, UM 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. I shall be regulated pursuant to section 142-(8)
10 (3) of this seeii 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_purpeses only,-gW+ag--e*1y, the name ef th
20 subdivisien, ei-f-esidential may be granted a permit at each main entrance
21 into such subdivision or development from each abutting street.
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;
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
28 features such as a project wall or landscaping.
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:
File#2019-100 Page 27 of 46
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
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, UM URM-L).
9 (c) Permanent signs in commercial/nonresidential areas (AD, C1, C2, CFA, CFSD, DR,_I, MF
10 MI, MU, RV, SC, UQ shall require a permit and
I I Q;_ 11-
wanees in eefnffiereial and other- aan,-,esidential areas (AD, C!, C29 CFA, CF8D9 DR, 1,
12 W, M!, MU, RV, SC, U -_whose size and number shall be ea1Gu1ate4RgKmLtted 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:
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. I or a frontage road adjacent to U.S. 1:
I ft. to 150 ft. 175 sq. ft. 1150 sq. ft.
151 ft. to 300 ft 1 100 sq. ft. 1200 sq. ft.
Over 301 ft. or more 1200 sq. ft. 1400 sq. ft.
Frontage on county roads, shorelines or runways:
1 ft. to 150 ft. 140 sq. ft. 180 sq. ft.
151 ft. to 300 ft. F6O sq. ft. 1120 sq. ft.
Over 301 ft. or more 180 sq. ft. 1160 sq. ft.
19
20 b. Parcels that are on a corner of two public streets shall be allowed either:
File#2019-100 Page 28 of 46
1 1. One ground-mounted sign for each property frontage; or
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.
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.
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 Pest—
I I 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
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 fiaFae ef the es-t-ablishffient and the eu.-F-ent list and pr-iee 0
20 goods or- in the establishment and is not intended to be-Aewednot
21 viewable from any right-of-way and provided that the total sign area is limited to a
22 maximum of 40 square feet.
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
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
31 joined at the top;
32 4. The sign i-sshall be portable and not permanently affixed to the ground;
File#2019-100 Page 29 of 46
1 5. The sign i-sshall be located on athe private parcel of land aR44deR44es-aon which
2 the business is also locate A-R t.ha't ----
k....-.e pai-zeel ef 1 The sign
3 may not be located on a public right-of-way or walkway;
4 6. The sign shall only identify a la-wMly-es—blished business name(s) and/or- eth
5 infaffflatien Uff—fl.., lated to that business;
6 -76. The sign shall not be located in a clear sight triangle;
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
12 greater than one commercial or other nonresidential use shall be allowed additional
13 ground-mounted signage area if granted an Administrative Variance as eut4ined
14 inpjj�ant to Section 142-65.
15 (2) Wall-mounted signs.
16 a. Signs painted or attached to the surface of awnings, parapets,mansards and similar roof
17 and building elements shall be considered wall-mounted signs for purposes of
18 determining compliance with the requirements of this chapter.
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.
21 c. Each individual business frontage shall be allowed wall-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.,
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
33 be permitted for each additional floor as outlined in subsection(b)(2).c. of this section.
File#2019-100 Page 30 of 46
1 h. Theaters, museums, auditoriums and fairgrounds and similar uses providing regular
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.
1--
6 i. Drive-through or carry-out services shall be allowed one wall-mounted + - ^-- °®n
7 eftly the name ef the establishment and- ahe -OUH ent list and priee of gea&
8 available in to be :viewed-not viewable from any
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;
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.
16 (d) Off-premises signs.
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. I 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)l. 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.
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 FDOT 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.
- -- _f
32 See I I A��rs' .....M_Pter-taining to the Measurement, Constr-netion, and Alaintenance-4
33 All Signs.
34 The r-equiFements of this seetion shall —1- -11 —1-4-
35 ethefwise neted belew-
File#2019-100 Page 31 of 46
1 .
z (1)The sign area sh—all b-0,M-easur-ed ffoni the outside edges of the sign of sign ffaffle,whiehevef
3 ,
4
ry5 of 9
the suffaee
7 r ffame were used.
signs,8 (2) When a single sign stmeiar-e is used to suppe-t"we --.are
9 *gn, ,.,..e sudase area sha4l oompr-ise the square footage within!he per4meter-a
10
11 ,
12
13
14 .
16 The he.glfft of a sign shall be eansider-ed to be the veffiea:l distanee measured ffem the
17
19 (e) T ati f signs.
20 (1) Clear- sight tr4angle. No sit-In Rhall be er-eeted that would ifln.Pair visibility at a-street
21 .
22
23
24
25 ser- ee —eps. Any ex eptions te thi-s must be reviewed and written approval gfanted-by
26
27 defeEmining the type of eleetdea4 eenduetor-s and ser-v' I- -A
28sigas shall be five feet. Setbaeks
29 shall be Fne ur-ed ff ofn the propei4y line te the fafthest extefts,--- _--r 1--he sign,inelud-.ng any
30 .
31is required pursuant to,
32 SeGtiea 114 125, ground mounted signs shall on! be er-eeted in the immediate vieinity
33
File#20 19-100 Page 32 of 46
1
2
4 .
5 Ad! signs shall comply with the fell
6 (1) Gemplianee with Merida Building Code. AJI signs shall eemply with the appr-apri
7 5
8 .
9 .
10 (3) Struetur-e design. All signs that eentain mer-e than 40 efeeted-ev,"
11 20 feet in height shall be designed by D---fegi4—ed...'he state. Straetur-al dFawin
12 shall be pr-epffed by the and submitted p- a per-mit being issued. Wind 1
13H15-
14 lris
15 ,
16 The Building Official may r-equest ind lead ealeulations fef signs e ess than 40 SGIuLar-O
17 .
18 .
19Underwriter's
20 ,
or an-
21 eleetfieal eentmeter,
22 FjeetfieM Cede, eurfent-editie... All eleetric signs shall be ereeted and installed by a
23 , anA
24 , of
2s
26 .
27
28
29
30
31
32 1. LampAalbs in eKeess ef nine (9) watts for- ineandeseent bulbs (or- its equ -I--+ .
33 GFL, ,
34 , filterser5
File##2019-100 Page 33 of 46
1 3. AGS sign ha4I be equipped with an epefalimal night diHiFMFtg deviee; an
2
3 .
metal,4 (5) Suppefts and bf aees. Stipper-ts afid br-aees shall be adequate for-wind leading. 3A ke E)r-eable
ire- Wength. AA
6 — . and br-aees and all belts used to attaeh signs to a b-a-ket --br-aekets and signs to
wife eable fl— stippei4ing building er str-ueture shall be of galvanized steel ar- E)f an equiva4ent.
8 .
9
10
11
12
13 rr eater than n G degrees shall not be ,,.,;aen�
14 (e) Sign identifleation and marking,
15�/} ,
1 9 ) ilt9 ! 5 no sign shall hereafter-be
r-wise maintained ufitA-afid
17
18
2 ) ineluding their- 9 7
21 , , Wean appeafanee. Painted areas and si
22 ! and illumination, if provided, shall be maintained in sa
23 b ed_We_I ' .
24
25 ,
26 .
27 See. 142-6 Critprin-Ar c-P.-
28
29 !
30
31 (b) Administrative s,nr_;nnees
File#2019-100 Page 34 of 46
1
2 - -,-,a. fbF ground mounted signs that weewimeda*
3 ,
4 .
5
6 .
7 (2) S
8 The Planning Dir-eeter- shall grant an administmfive var-ianse te th- area P--,- AW
9 r-equirements for- ground mounted signs that weenunedate more than a sin gle user --i I-P
10
11
12 ;
13
14 ;
15 e. Each use. shall be �®r+n:t+a l .-i,e-�ly .. single identifina+i_
r=--- -=- - --✓ - ---a-= - =-a
16 ground fueunted sign;
17 d. The area of each use e-atien sign shall exeeed 100 square ,fee*per ^h
18 ;
19
20 square feet in area unless a var4anee is granted by the Planning C ft
21 ;
22
23 double sided signs unless a var-ia---e- iis granted by the Planning Ge-m-m-H s-Sion in
24 ;
25 g. Sueh a gr-eund mounted sign shall not be eenstmeted within 40 li-eaf '._et --.' anothe.F
26 gfeund meunted ;
27 h. The sign shall be designed in weer-danee with the. size of letteAng guidel4*esr-sF_4_:_f�erthf_im
28 Seeiien 142-T
29 (3) pr-eGea»�-
30
31 __Js of the Planning and Ressur-ees
32 '
Fife#2019-100 Page 35 of 46
I ,
2
3 ,
4 .
5 .
6 Only after- detenTAniflgt+c.r,_F_ eI-r n.nv .. rel+ar-_t:.:4h +h® etas--I.nrr_lc +ha
aauw.�--r, azc
7
8 Iec,;4tied wit-b—in-300 fee[of the pr-epei4y that is the subjest ef the app'; —eft. Ilie aefiee shall
9
10 appheatien may be exainined. The eest of pmixiding iiatiee shall be befae by the appheant.
11 tit ------- .,the DYE- - - r%
r'
12 ,
13
14
15 .
17 ,
18 ,
19
20
22 g-C
23 .
24 .
25
26 .
27 (2) Standuds.
28
29 .
30
31
32
33
File#2019-100 Page 36 of 46
1 b. The granting of the requested vakanee would not be mater-ially detrimeaW t
2 ,
3
4
6 ,
7 e
8 ;
9
10
as„res
12
13
14
15
16
17
18 , pesting and he inents shall be in weefdanee
20 .
21 , upon a finding that the applieation has-ef
22 ,
23 Ceffifflissien shall issue
24 See. 142-9. Government Signs.
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 goyernment. Such signs_ may include:
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
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
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 parar4ph shall
4 be the minimum necessary to comply with the applicable law.
5 See. 142-710. Nonconforn-ting Signs.
6 Lawfully established signs which become non-compliant and or nonconforming to the current
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 type style, size or-and
9 color changes.; may be performed, provided that a permit is obtaineded that t
---- -- If.
10 name ef the busin ablishments depieted by the fiet -h—b— GhanIges-4
11
naffie ef the establishments depiGted by the sign shall enly be
12 R-e-d if-d— M intein compliance with the requirements of this chapter.
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
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
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
25 other than the ground-mounted signs shall be brought into full compliance with this chapter.
26 (Cc) 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
29 resolution of the Board of County CommissionersOGG.
30 See. 142-11. Penalties.
31 Penalties for violation of this chapter shall be as provided in Chapter 8 of the County Code.
32 Sec. 142-812. Speeial identifleation SigasSeverabiliti.
33 (a) G e m m u a i t y bu-_i R e SS F e G_t-A F
File#2019-100 Page 38 of 46
1 The ee-4- -sr-k with FDOT DistT4et 6 and leeal eeffffnan.-Res e've 6p a Sigfi i3rE)gr-am
4 ities in the Fler4da Keys through the-u�2 that pr-emetes businesses
3 eentrally leeated multiple user business ideatifie4i— U.S. i.
4 (b) Cemffiunity identifleation signs-.
Tlk- --+---, -5 a-fk with FDOT Distriet 6 to dewlep a -,,rafn that identifies speei
-11-11 41, 1
6 eenununities in the F4efida Keys. The eauntly C431E)FE1415hate W—.. oeal eemmunities4a
7 3r-ate a theffie --metes the unique ehafaetef ef the lesa4 eemAnunity.
8 (e) Off premises -p--,a! featufe idenfifiea4eff-si�.
9 The esian+y fnay wefk with Pf",QT Distfiet 6 te develop a sign program that identifies-,pee4al
�V-
10 fe-imes, tattrist sites and ba.' distr4ets. The eetinty shall eeer-din4e with leeal
11 eon-Ananities to seleet appy-epria- I aREImafk
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, subparagrgph, 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
21 shall be applied to these sign regulations 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.
23 (c) Severability of provisions pertaining to prohibited signs. This subsection shall not be
24 interpreted to limit the effect of subsection (1) above, or any other applicable severability
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 sign code, or any othe
32 provision of the county's land development code is declared unconstitutional or invalid by the
33 final and valid judgment of any court of competent jurisdiction,the county specifically intends
34 that that declaration shall not affect,the prohibition on off-premises signs.
35 See. 142-9. Guidelines of lettering on sign&
File#2019-100 Page 39 of 46
1
2
3
File#2019-100 Page 40 of 46
1 (a) Along 3 5 mile p ef hour (mph) roadways.:(b) Aleng 4 0 mile per heur- (mph) roadways!
Size of Lettoring for 40 mph Roadways
C 3s0
300
250
2M n
31 150
lOD
50 '
a
0 to 20 M 40 so 60 \theh
100 110 IM 130 14.0 LSO
the ' wd t.ft.l
Determine the location of s paradel to 1� (Lateral Distance) and ft distance
between the sign and the driveway(Off-Set). Prr ding to the lateral and 9ff-
set distances.Select.the letter size dCluding or lnxned"ratety above tree
potted point W a sign is intended to serves,piot a point for each approach
and select the larger letter size.
Vusztmcks&rwebehvm and
fhe of the 4-
eerree from
Amme a d It .e for in do of a rkiv y of fr"RI taro
adrameoffhr+ddmway Po?fxetaNs
(olf•setaFsfaxej (lateral }
jf
Fo
ham orsin
edpiW&oWlaroe I N
IM ++ttti dry
2
3
4Al
File#2019-100 Page 41 of 46
7
Size of Lettering for 45 mph Roadways
3SO
®50
9
s ISO YJ" V`Ys
JA"
Ws 300 ---------
YI
J
Q
0 Y0 20 30 SD so 60 ?o so 90 1OD "0 =0
01 the 1 719d LrY t -f
Determine the location of s' parallel to the y (Lateral Distance) and the distance
between the and the driveway(Off Sat). Plot the -nt ding to the lateral and off-
set distances. Select the letter size corresponding to the a including or Immediately above the
plotted point W� a sign is intended to serve cloth app es, plot a point for each approach
and select the larger letter size.
vmwre d Sign and
d*b" 0f V* W signs
dowimftwmcf*edrhvwAsserrnl a O R (a Sig irr Y WCAedge s o
advanceoffd. r ®�3�e�K� a flaw,&
e*err ..�
s
� 'llocrSan
same rrvan of sign
edge arir9rw bm Ahem
"Wagon
j8ga!eY
>
21
22 .
File#2019-100 Page 42 of 4
Site of Lettering for 50 mph Roadways
V
250
CL IDD SS
50
0 io Zo 30 60 70 so 40 Loa 110
bitsumcebermem the Sip and t ivmwfoff-set-ft.)
Determine the of sign parallel to the y (Lateral Distance) and the distance
between the sign and the driveway(Off-Set). Plot the 'nt coffesponding to the lateral and off-
set distances- Select the[after size corresponding to the e including or immediately aWve the
plotted point.INhen a sign is intended to serve both app hes, plot a point for each approach
and select the larger letter size.
HEMWE&SUMMEsignxid
the begiw&qof&I*q'
do�ftmofthe V"Y
Asumm a 0 1 daUme for sips in
&dVaM*0rthedrA*WV
(Off-got
4-
Weism dkame from Of5i"
eCI0VfbWWbM I
(hhrwdkta� MW""kW.IdW
ofsign
2
3
File#2019-100 Page 43 of 46
t—l", -
(e) Meng 55 nimile per-h6ttf .0-adways:
Size of Lettering for SS mph Roa-dways
350
ISO
06 100
%L
1461%
17'
so N, I&
% L
0 to 20 30 40 50 70 so 90 too
Oistume baween thtsip and ft loff-set-ft.)
Determine the ioution of sign parallel to the roadwa Lateral Distance) and the distance
between the Sign and the driveway(Off-Set). Plot the ding to ft lateral and off-
set distances.Select the letter size corresponding to the line duding or irrynedi2tety above the
piotted point.When a sign is intended to serve both approach plot a point for each approach
and select the larger letter size.
the olfhe Y aft
squ in ofthr
edge of ftaW 4W
iotfstrdatmet
lateral
t era
W the
line d�
DM approach
Dista
nce)
ding to
ng o i
plot a t b t,__d,
. W
File#2019-100 Page 44 of 46
2
3 Section 2. Severabilily. 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
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
11 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
22 Section 6. Inclusion 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
24 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
25 marking system of the Code.
26
27 Section 7. Effective Date. This ordinance shall become effective on the 1" 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
42
File#2019-100 Page 45 of 46
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida,at a regular meeting held on the 15th day of July , 2020
3
4 Mayor Heather Carruthers Yes
5 Mayor Pro Tern Michelle Coldiron Yes
6 Commissioner Craig Cates Yes
7 Commissioner Sylvia Murphy Yes
8 Commissioner David Rice Yes
�
11 r BOARD OF COUN Y COMMISSIONERS
l2 A OF MONROE CO ) r ORIDA
13
14 � 1g BY M
15 'i MAYO.• H IF ER CARRUTHERS
16
17
18 ATTEST: KEVIN MADOK, CLERK
19
20
21 AS DEPUTY CLERK
OOUN Y ATTORNEY
A0 PORN:
STVVEN T.pWI k.1316.TAN�_!/G MuATTORNeY
Ocitti,.D
N ._
O &
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File#2019-100 Page 46 of 46
i } Visit,` F yk — 1
ELA
j , N
i
The Florida Keys Only Daily Newspaper Est. 1876
PO Box 1800,Key West FL 33041
R (305)292-7777 ext.219 F (305)295-8025
legals@keysnews.com
MONROE CO PLANNING INEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS V'\/Y
KEY LARGO FL 33037
Account: 138694 Ticket: 347886
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA f le l.t t
COUNTY OF _ ONROE
Before the undersigned authority personally appeared
("i. A J_ L 6-, 's who on oath says that he or she is
�'4'1 41 r 1, )re ' of the Key West Citizen, a daily
newspaper 4blistid in Key West, in Monroe County Florida that the attached
copy of advertisment being a Regal notice in the matter of was published In said
newspaper in the Issues of:.
Sunday„,June 28,2020
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County. Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement and afflant further says that he or she has
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for e urpose of securing this advertisement for publica-
ti n nrihe sai 'n pap or.
(Signature ofAfftant)
7,rnd end s b ,c Ab ed be fore me this 29th day of June 2fi2g g�-
'ot ry ub I agnature)
e
(Notary P llc Printed gamey (Notary Seal)
My commission expires
Personally Known Produced Identification , Su4nn Stamper
e�
E
Type of Identification Produced COMMISSION23
EXPIRES:June 27, 2022
+aroAj�tBonded Thru ADMn Notary
COUNTY COMMISSIONERS
NOTICE� OF PUBLIC MEETING AND
NOTICE,OFPUBLIC HEARING
NOTICE OF CHANGE TO' MONROE
COUNTY LAND DEVELOPMENT CODE
July
MONROE COUNTY BOARD OF
Pursuant to Executive Order No,20 69, Monroe County Emergency Directive 20-06,and Center for Disease
Cantu al("ClDC)social distancing guidelines established to contain the spread of the COVID-19 virus the July
15, meeting of the Board)of PountV, printissl ne will) be conducted via Commundatlon Media
Technology(11C r')osing a Zoom Wobinar platform,Pleaso a1 at8 that T E+recutIve Order 20-69,as extended
by Executive Orders 20-112, -1 3 0-139& 0-150 is rescinded,a traditional lire meeting will be held at I
the Marathon Government Center located at 2793 Overseas Hfghwayj Marathon,FL 33050 The meeting will
commence at 9,00 A,M.
PUBLIC HEARINGS.1*30 PM(or as soon thereafter as may he hoard)=
A RDI NCE °FHA o Cl tl _ -,',, � AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE CHAPTER 142,SIGNSI PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE
LAND PLANNING AGENCY AND,THE SECRETARY OF STATEa PROVIDING FOR INCLUSION IN THE MONROE
COUNTY COAL PROVIDING FOR AN EFFECTIVE DATE,;(FILE 2019-1DD)
B. T td EFf6, ADOPTING
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 122-4(8)(4)
TO ELIMINATE THE ABILITY FOR A MANUFACTURED/MOBILE HOME TO BE PLACED AT AN ELEVATION
BELOW BASE FLOOD ELEVATION AND SECTION 136-63 TO AMEND THE PURPOSE OF THE URBAN
RESIDENTIAL MOBILE(HOME—IJIMITEt1DISTRICT ILItTM-LI TO ELIMINATE PROVISION THAT PROVIDES FOR
A MANUFACTURED/M1O$14E HOII41E'TO BE PLACED AT AN ELEVATION BELOW BASE FLOOD ELEVATION
AND SECTION 130-1010 TO ADD DETACHED DWELLINGS AS AN AS-OF-RIGHT USE WITHIN THE URBAN
RESIDENTIAL MOBILE HOME—LIMITED DISTRICTIURM L)°PROVIDING FOR SEVERABILITY.PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL,TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE BATE (FILE 2020-01 )
S II AIATt .Imo" 3 V s� "�LuN
I Kt H B SIP EA MEETING CONCERNING A REQUEST
FOR AN AMENDMENT TO A DEVELOPMENT'AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND
KEY LARGO OCEAN RESORT"CONDOMINIUM ASSOCIATION,INC.AS IT RELATES TO THE DEVELOPMENT
OF 285 PERMANENT,MARKET-RATE DWELLING UNITS„AND ACCESSORY STRUCTURESIUSES THERETO, 1,
ON THE PROPERTY. NO STRUCTURES WILL BE HIGHER THAN 40 FEET PURSUANT TO SECTION 1 1
2(b)OF THE MONROE COUNTY LAND DEVELOPMENT CODE,THE SUBJECT PROPERTY IS DESCRIBED
AS A PARCEL*OF LAND IN SECTIONS 13 AND 14,TOWNSHIP Fat SOUTH,RANGE.38 EAST,KEY LARGO,
BEING PART TRACT 10 AND PARTTRACT 11 OF SOUTFICLIFF ESTATES(PLAT BOOK 2,PAGE 45),MONROE
COUNTY,FLORIDA,HAVING PARCEL IC NUMBER 00483401-0,0YO74DOO, (FILE d#2020-001)
A_RWWT1Q.R.0FTBr;_M"N ,. C I I f B H _ O Ty 1� ?C FtI NOLINCING AND
DISCLAIMING ANY RIGHTOF THE COUNTY AND PUBLIC IN ANDTO THAT PORTION OF THE RIGHT-OF-WAY
OF LAUREL AVENUE AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF,STOCK ISLAND. PLAT
BOOK 1,PAGE 55,BOUNDED ON THE NORTH BY ALL OF BLOCK 23:BOUNDED ON THE WEST BY SECOND
STREET„BOUNDED ON THE SOUTH BY ALL,OF BLOCK 32,AND BOUNDED ON THE EAST BY ADJACENT
BAY BOTTOM AND A PARCEL OF LAND ADJACENT TO GOVERNMENT LOT 2.SECTIONS 35,35.AND 26,
TOWNSHIP 67 SOUTH,RANGE 25 EAST,STOCK ISLAND,MONROE COUNTY,FLORIDA,(FILE 2010.130)
A RESO F TF IVNIXANAMW. QUh MIQ RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC;IN AND TO THAT PORTION,OFTHE RIGHT-OF-WAY
OF MACDONALD AVENUE AND FIRST STREET,STOCK ISLAND,MONROE COUNTY,FLORICIA,AS SHOWN
ON THE PLAT OF NIALONEY'S SUBDIVISION OF STOCK ISLAND, PLAT KOOK 1,PAGE 55;BOUNDED ON
THE NORTH BY ALL OF(BLOCK 32,BOUNDED ON THE WEST BY SECOND STREETAND ALL OF BLOCK 34;
BOUNDED ON THE SOUTH BY ALL OF BLOCK 34,AND BY FIRST STREET AD.JACENTTO BLOCK 34 LOT 11
AND BLOCK 33 LOT 20;AND BOUNDED ON THE EAST BY BLOCK 33 LOT 1'AND THE PLATTED SHORELINE,
(FILE 2018-179)
_P...�l t N ' t T GGINSIDER A f TI ATYV RELIEF FOR KEITH P.
RADENHAU EN ON LOT 6, BLOCK 37, PORT PINE HEIGHTS 2ND ADDITION(, BIG PINE KEY MONROE
COUNTY,FLORIDA HAVING REAL ESTATE NUMBER 00293150.0flft000,AT APPROXIMATE MILE MARKER 3f1.
(FILE 2020-NO)
Please visit the Monroe County Wobsite at ��W,,ftlCSrrg.�GGkMt11y fl.�ry for meeting agenda updates and
information regarding the various options available to the public to view the live meeting andlor to make public
comments on certain agenda Items.
Pursuant to Section 286.0105 Florida Statutes,if a person caddes to appeal rant decision of the Board of Counly
Commissioners with respect to any matter considered at the meeting or hearing,he or she will tiered a record of
the proceedings„and that for such purpose,he or she may rased to,insure a verbatim record of the proceedings
is made,which record includes the festirrany&evidence upon which the appeal Is to he based.
.A A AS,SIS'rANCEz If you are a person with a disability who needs special accommodations In order to
participate In this prz000ding,please contact the County Administrator's ice,by phoning( ) -
1,between the hours d S.3Cl a.m.-0:00 P^,no lstor than five(5)calendardays priorto the scheduled
Tri1 Kl vRNF'ST GIII/I N♦\VYYKI-\I)ED]TOO,ll1NE 28,2020 (l A
FROM 1AGE
Pert \Ve are experiencing Iti- experiences and frustration r I t lie has been waiting lie said,acknowledging tt to get turn a lingo-
e delays in getting our Perm idealingwit Marathons smmiceMay that Ma❑nez,t contracted g permit,which should not
Conanoed EFRI Page 1A icates of occupancy and final p'ow'dh management depart- In Redman,Marathon con- building official,his been"a be n...sexy to get things
inspections,'he wrote to city m rent,hoping die discontent tracted wadi the firm of M.T. breath of it air. done,Sinnssafd.Builders,also,
difficult job and while there is leaders"The problBinstars at would lead to action. (]aide,IT Homestead to oil- The city still doesdr have a are frustrated and some use
alwm,goingto be complaints the top__Change the leader The dozen letters c - Ize Noe Nolarinez as its build- proper'Iy functioning compur- Boni ate inspectors Instead of
and push back from enforce- and get a qualified manager to plain of a lack of staff expe- ing official,and for plans and on system,Signs said,despite waiting IF
cin staff
rent actions regardless of run the bufldingdepartnnent' ce,failure to respond to pernuttfngsernices as needed. the m incident Theletter-writingcamitagn
one
issue;,we as a city also Lewis did not respond to ennilsorcalls,lackofaccessto The city council passed a reso- happening months ago and off rednanpExamples ofcip-
alway,have plengr of room to m s requests for core- one
status of permits and plan lution to provide these build- Hurricane Lass ahnost twee fnncrion-AVliether contractors
improve;'he told The Citizen m ent.Lase week he told the processing Information,and ing mid inspection sendces for years ago,so those excuses get results remain to beseen.
rent, I have net with the P P sA his statement was endless delm ANI le some ayear at a price not to exceed have worn thin Marathons neat council
president of the contracting being reviewed by the city contractors expressed fear 5315,000. He spoke of a resident who neetingisset for Tuesda}ululy
association and ait commit- attorney,and he would send about retaliation,many con- Lewis pre,louslp said con- bought a lot,and after expe- 14.
red ro Improving our services it within the Iwo.However, eluded enoudiwes enough- tracting for building services riencing delm,s,bled a local izima�keysnews.com
d willdo what I, ttak.s, no stit. t was sentt The (Iliad Asellecertified g. s became there8,v 1
Howe-,it is also inmonant ( al contractor, t O,. lack of response t v h `'
r t that while building Councilman Mark t past
, tl qi )I d r.. e[ d a lack m B
departmentwok 1 S. I dI. pinion fNi t I building
fqualfed ppl. [' m �
t t d l, I I t I I r.dy M ❑ g. al ❑
al tl d} t ( M1 tl ! ild gd} t decline d I I t t 1973, d tual t.
k In r protect t l tie [ d tl structure f all-time l The leadership I meeting this month Ann. 0HI"Im lHossions
ovalin d public saf n,We business 1 t 11f fun rz onl}lacks , that I il g t k _ 14 being planned tl Il 1 pe
will do
best to Into bal of a nonprofit which ..i therune❑on of a municipal aboard full-timesMaothors F /, f, ofbeg g in July.
mice without l jeopardizing die ❑ally wI r c¢is,'he d building d} anent but also building official. 1 ,T 4 Any inleresleci pereons
q [' AV. I Idl lacks tl licensing, fl} TI €1 I. [ f�- I should nlaclthe
( tt I I . I gt td} ❑ : i f dil gt r t r M r A- n il i� OCA KO;Mission
memberf t Florida t proper ❑f.❑ id .r f d g t a al d l ff d y f N'
K} construction mdus❑A unportarks expe- take six to Bight weeks to be ing plans and perimt 'r i�1+�
for more than 20 years and rience in Big,building depart- issued.Supple evmons that requests and sends them to orth Rd.NBIV,,,.,x,;
president of die Florida Ke,s DENT managoemort" Jim,Ii e signed and sealed Nolarattlion staff for permitting adm it,Oorthodoxkeys.org
( ti t 1. ❑ f 14 (n Vice Nolen Luis ly engineertake r,, H. d 11. k canl1
,ears sad he ha ,er before ( nzale-Whet asdiscussed weeks to be Issued. Prior to I done b,phone and Bim>al iill Pacebook.com/OCAKeysMissions
experienced such"Bore
e the situation with LlndsesC ILewissl,Thal,we could get a sc wsrbedonor-sitr
f al in as lie INcontractorsa M4y- simplemodel permit intwo Marathons DREAMING OF A HOME
from
tl n, growth warn 1 cr r f r week,,' (Iry include t de
g merit department which ce.Our a❑tens are our cus unhand Messina of AMofficers and one who worts --by Coe¢FKSI C4It aideur
es budding planning renter base.Theo need to be Hec❑icin businessinNolarathon m motel,
d d enforcement priority M3 f 1988 questioned wI y I dins ago Ed I
H Douglas timing t I.r Ikt LewisI tbeei replaced. S of Ed Sins ¢ � �'
Lewis,the cin s gre"m mart IL dsel will work with staff AV4,Is Lewis still here D lopmenr spoke "f-=.d- d f
agement departmentd director, and implemetnt bring, H. .k t o I cart do about problems tI l '
of making up INHnA,changes Gmtton rcently asked I Some permits cos growth management
with no regard to die build- a association members to pa'- should be a 15-minute'walk- department.Last week,he
mg codes or Florida Statutes ncipate in a letter writing t roudi Messina sad ref said Hide ING changed.
among ower complaints. caapagn to spell out their rig to a boat Ifi permit for 'Ifs still tough to get a Be,
Locals plan to occupy Fills Saturday
BY THERESA LAVA Ed measures from the summer the entire day there NNJW,KEYSNEWS.COM., � .�_
Key West cozen of 2019 to control the amount "Meat most people do is rAoo,app,nKcvaa -e,a ul onn rxsenA am ooc zaa ascr
of Banking on the Pills after the leave trash hanging in all the
Organizers of "Occupy a ovBiTur by visitors on trees.Were going to do the
one Pills,'a peaceful protest aas recent weekend. opposite Were going to be MONROE COUNTY BOARD OF
planned for Saturday,rune The idea is to show vJsi- hanging out all rim mid do like COUNTY COMMISSIONERS
itsap it's an opporrunit;i for tors that we as locals caul be locals do and be respectful.WTe
ems to take advantage of a there all day and not trash are going to meonr assets mid NOTICE OF PUBLIC MEETING AND
naturalt that is offer,left the place,'Brown said."This not let other people abuse It; NOTICE OF PUBLIC NEARING`
t Idly-.❑ .let was to I people d
Lead organizer Mark Brown thattheirlbehasiors,,henthe3, TlemYrtbegin>satiari PDr NOTICE OF CHANGE TO MONROE
is calling on at least 90 resi- come down here and des❑'o, potentiation,visit die Occupy
dents to occupy to allotted the place,me unacceptable' the HIlsFacebookpage. COUNTY LAND DEVELOPMENT CODE
paling spaces at the Pius in Brown I,planningro spend tjara@keysnexs.cem
the ear,morning homy AJuly 15,2020+
sigma protest preceded last CALL FOR BIDS
4 P d,ofi is weekend Pursuant to Exec Ord r ON 2D BE Monroe County Emetgc+my Drecive 2D es and Cenic+for D'seese
The Polls a popular garter a.lur Control('CDci s d d dig gddefnss stabrshed I.comdn me spread of me COVID 1g.ms me July
16 2❑2❑mc-etng of the Boats of County Comm ss LI b d d C cat on Med A
g( t f mainland d yt( Juy 10 202c(or y Technology(CMT)us rig aZoan Web par platform PI h 1 Ex ON D 6g,as extended
( between MI I Market J con on r by Executhe ON W 112,W 123,W 139&2D 15D tied,e trail el the me-etng ALL be held st
and\tileM4arkBi/J-0 dlarlikS the Marathon Grn111-11 Center located at 2-0l ens Hgh,ey,March .FL 33DSD.Th-flOgA'11
commence et 9.A.M.
Upper mid Lower M1 t be.
Res,, lied by de state LI PUBC HEARINGS 1:30 PM eafte(or s soon therr as may bea e hts):
mid leased to rite Ullage of AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNCY COMMI6610NER6 AMENDING
Islailonada to manage. The oetl morn err on for a,TVs b p hoar MONFR E C-TY LAND DEVELOPMENT CODE CHAPTER 112,SIGNS PROVIDING FOR SEVERABILITY',
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS:PROVIDING FOR TRANSMITTAL TO THE STATE
,illage n'erendy miniplemient LAND PLANNING AGENCY AND THE SECRETARY OF STATE:PROVIDING FOR INCLUSION IN THE MONROE
C(}NTY CODE;PROVIDING FOR AN EFFECTIVE DATE(FILE Wl9 1 D0)
AN ORDINANCE By THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 122-4(B)(1)
TO ELIMINATE THE ABILITY FOR A MANUFACTUREDiM-LE HOME TO BE PLACED AT AN ELEVATION
"IY BELOW BASE FLOOD ELEVATION AND SECTION 13D-53 TO AMEND THE PURPOSE OF THE URBAN
RESIDENTIAL MOBILE HOME-LIMITED DISTRICT(OHM-L)TO ELIMINATE PROVISION THAT PROVIDES FOR
A MANUE4CNREN MOBILE HOME TO BE PLACED AT AN ELEVATION BELOW BASE FLOOD ELEVATION
ASYf AND SECTION 1W 1DO TO ADD DETACHED DWELLINGS AS AN AS OFRIGHT USE WITHIN THE URBAN
1H k1` RESIDENTIAL MOBILEHOME-LIMITEDDISTRICT(URM L)',PROMDINGFORSEVERABILFYPROVIDINGFOR
d�2� REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNNG
AGENCY AND THE SECRETARY OF STATE:PROVIDING FOR AMENDMENTTO AND INCORPORATION IN THE
PUBLIC NOTICE OF THE KEY LARGO FIRE RESCUE MONROE COUNTY LAND DEVELOPMENT CODE,PROVIDING FOR AN EFFECTIVE DATE(FILE WWF19
&EMS DISTRICT BOARD KEY LARGO OCEAN RESORT CONDOMINIUMASSOCIAIION INC 998260VERSFAS HWY UNIT51-2&5
MEETING SCHEDULE-3rd Quarter 2020 KEVLARGoF 2,i MILE MARKER saes OCEANSIDE:A PUBLIC MEETING CONCERNING A REQUEST
FOR AN AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY,FLORIDA AND
OPEN TO MEMBERS OF THE PUBLIC of 2855 PEROMaNENT NIEORRKECONDOMINIUM
ace IAE�LIN�UNIT RAND ACCESSORY STRUCTUOREGUSES THEREro
ON THE PROPERTY NO STRUCTURES WILL BE HIGHER THAN 4D FEET PURSUANT TO SECTION 131-
The Key Largo Fire Rescue&Emergency Medical Services D/sMct BoaN Meeting Schetlule 2(b)OF THE MONROE COUNTY LAND DEVELOPMENT CODE.THE SUBJECT PROPERTY IS DESCRIBED
/w[he 3N Quarter 2020 is below The meetings will be held no the Key Largo vdun[eer PARCEL OF LAND IN SECTIONS 13 AND 14 TOSHSHiP 62 SOUTH,RANGE 3a EAST KEY LARGO,
Fire Department,Station#24-One East Drive,MM 99.5(Oceanside).Due to covin-19,[he BEINA G=TTRACT 1 DAND PART TRACT 11 OF SOFTHOLIFF ESTATES(PLAT BOOK 2,PAGE 4U MONROE
DisMc[mee[ings maybe contluc[etl through video con/renting.For la[es[in/wma[ion,see COUNTY FLORIDA,HAVING PARCEL ID NUMBER DDDIDED1-ocabecD.(FILE-2-1)
the D/strict webshe ww Wfirerescuee -on.Inthe-otthe mee[ina will no[be held..Is ARESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND
notice will be placed 11111 door at the Key Largo Volunteer Fire Department stating the date of the DISCLAIMING ANY RIGHTOFTHECOFNTY AND PUBLIC INANOTOTWTPORTION OFTHERIGHT-OFWAY
pert scheduled_KRrig. OF LAUREL AVENUE AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT
BOOK 1,PAGE 55,BOUNDED ON THE NORTH BY ALL OF BLOCK 23:BOUNDED ON THE WEST BY SECOND
The Ron-o/these meetings is to discuss geneisl business. STREET BOUNDED ON THE SOUTH BY ALL OF BLOCK 32:AND BOUNDED ON THE EAST BY ADJACENT
BAY BOTTOM AND A PARCEL OF LAND ADJACENT TO GOVERNMENT LOT 2,SECTIONS 35,36,AND 26,
July13,2020 Strategic Planning Workshop TOWNSHIP 11 SOUTH RANGE 25 EAST,STOCK ISLAND,MONROE C NTY,FLORIDA(FILE W1 R 13D)
July 13,2020 Distinct Mceting A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND
July 27,2020 KLVFD Bvdget Workshop DISCLAIMINGANY RIG MOFTHECP'NTYANDPUBLIC(NANDTOTWTPORTIONOFTH T-
ELN HOF-WAY
July 27,2020 Distract Mceting OF MACDONALD ANNINUE AND FIRST STREET,STOCK ISLAND,MONROE C NTY,FLORIDA,AS SHOWN
August 10,2020 DisVict Bvdget Workshop ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55:BCJNDED ON
THE NORTH BY ALL OF BLOCK 32 B NDED ON THE WEST BY SECOND STREETAND ALL OF BLOCK 34:
August 10,2020 DD-Meeting BCFJ DONTHESCTHBALL UYOFBLOCK34,AND BY FIRST STREETADJACENTTO BLOCK 34 LOT 11
August 24,2020 Disnct Bvdget Workshop AND BLOCK 33 LOT Wi AND BCF NDED ON THE EAST BY BLOCK 33 LOT 1 AND THE PLATTED SHORELINE.
August 24,2020 Dls-Mewing (FILE W1 8-179)
September 14,2020lst Public Hearing A PUBLIC HEARING TO CONSIDER A REQUEST FOR ADMINISTRATIVE RELIEF FOR-1 P
September 14,2020 Distract Meeting RADENHAUSEN ON LOT 6 BLOCK 3T,PORT PINE HEIGHT 2ND ADDITION,BIG PINE KEY,MONROE
September 21,2020 Final Public Hearing C NTY,FLORIDA HAVING REAL ESTATE NUMBER DAN931 be.DDWW AT APPROXIMATE MILE MARKERW
September 21,2020 Distract Meeting (FILE WW FOR)
A meeting may be cancelledd,,to the C,,,,,Vin,,,please check the MID-ueem,,.com for the Please Is, the Monroe County VAFKIe at www.monroeoounfv-il.00v for me-eting agenda upd-s end
latent meeting information. intonnailon regaMing the venous options evelleble to the publle to vleA the Ilve meeting e'Ior to make public
mmenis on cenan agenda hems
In accordance with the of-nary withDi-Wities Act o/1990 aim persons who are disabled FLrsvantto Section 286.0105 RoAda Smnmu,Itaporson cbGdos to appeal enydodslon ottho ewrdot County
antl neetl,,p.bul obb-Pd,di-to participate in these meeting,,b..-of that disability,hP.Id Comm4sslonors,wlm inspect to any mattweoraslebmd et Mo naoNng orhesaAng,he orshe will noeda intender
contact the Chairman Tony Allen.Anyone wishing I,ppIMI any decision made by the KLFR&EMS thoprouaedings,andcBa Ersuchpurpose,ho orshe nay toed to lrasvmavo2aNm mccrdot Mo prouaedings
Di,,tdictBoad.ffhw,,pectto any matter con,,id.wd at,,uch meeting or hearing will neetl owbuid of ;made,which meordlndudos rho msNnrony&ovldonce upon which the appeal A robe based
the pl-dings antl,for such purpose may neetl to ensure that avedbatim decodtl of the pdoceetling
matle,which recortlinclutlesthetestimony antlevitlenceuponwhich the appeal isbasetl.Please ADA ASSI6TANCE:I(youareapersonwitM1adisabilky wM10 needs special accommodations in order to
Mct the KL DO,Rescue&EMS Chaircnn.Tony Allen at 850-393-2427 or mail an vailan]ii participate iI,-proceeding,please contact in.Lbuny Administret Office,by'n-mg(305)292-
mai for atltlitional information. Notice pursuant to Section 286.0105,H.Rda Statutes,I4991,bet--hoot
-ho M1ur of&30a.m.-SLOp.m.,no later fM1an five(5)calendar days poor fofM1escM1eduled
applicable,is hereby ncorporatetl by reference. - eM1ng ifyou are to..iigry vice 1mpalred,call'711.
° : ', Kevin Madok, CPA
°lit' " '' Clerk of the Circuit Court& Comptroller—Monroe County, Florida
August 4, 2020
Department of State
Administrative Code&Register
500 S Bronough Street
Tallahassee FL 32399-02.50
To Whom It May Concern,
Attached is an electronic copy of Ordinance No.018-2020 amending Monroe County Land
Development Code Chapter 142 Signs; providing for severability; providing for repeal of
conflicting provisions; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for inclusion in the Monroe County Land Development Code;
providing for an effective date.
11>;s Ordinance was adopted by die Monroe County Board of County Commissioners at a
regular meeting,held in formal session, on July 15, 2020. Should you have any questions please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-oflicio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.0
cc: Planning& Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Planation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
t �
FLORIDA DEPARTMENT 0 STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
August 4, 2020
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 018-2020, which was filed in this office on August 4,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. DEO-20-045
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY o _
C> c
In re: A LAND DEVELOPMENT REGULATION n' ro -n
ADOPTED BY MONROE COUNTY, FLORIDA - N
ORDINANCE NO. 018-2020 • 73
o c
FINAL ORDER F o
APPROVING MONROE COUNTY ORDINANCE NO. 018-2020
The Department of Economic Opportunity("Department")hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 018-2020(the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe county is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 15, 2020 and rendered to
the Department on August 17, 2020.
3. The Ordinance amends Chapter 142 of Monroe County's Land Development
Code to modify regulations for signs that are erected within the county, to delineate procedures
for obtaining permits for signs within the county, and to provide for penalties regarding
violations of sign usage.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
1
Final Order No. DEO-20-045
5. "Land development regulations"include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by section 163.3177(1), Florida Statutes, and specifically, with Objective
101.15 and Policy 101.15.1.
7. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development for that
area. § 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(m) Providing adequate alternatives for the protection of public safety and welfare in
the event of a natural or manmade disaster and for a post disaster reconstruction plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe county
Ordinance No. 018-2020 is consistent with the Monroe County Comprehensive Plan and
Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is
hereby APPROVED.
2
Final Order No. DEO-20-045
This Order becomes effective 21 days after publication in the Florida Administrative
Register, unless a petition is timely filed as described in the Notice of Administrative Rights
below.
DONE AND ORDERED in Tallahassee, Florida.
es D. Stansbury, Bureau hie
ureau of Community Planning and Growt
Department of Economic Opportunity
3
Final Order No. DEO-20-045
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@DEO.MYFLORIDA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES,AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-20-045
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this I 1W41 day ofck—
October 2020.
\
Age c lerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Heather Carruthers
Mayor, Monroe County
500 Whitehead Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
5