Ordinance 054-1987
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ORDINANCE NO.
054
- 1987
AN ORDINANCE REPEALING DIVISION THIRTEEN, CHAPTER NINE, MONROE
COUNTY LAND DEVELOPMENT REGULATIONS, AND CREATING A NEW DIVISION
THIRTEEN FOR REGULATING SIGNAGE; PROVIDING FOR DEFINITIONS; PRO-
VIDING FOR CERTAIN SIGNAGE EXCEPTIONS FROM THESE LAND DEVELOPMENT
REGULATIONS; PROVIDING FOR THE PROHIBITION OF CERTAIN SIGN TYPES;
PROVIDING FOR CERTAIN TYPES OF SIGNS WHICH REQUIRE A SITE LOCA-
TION PERMIT ONLY; PROVIDING FOR CERTAIN TYPES OF SIGNS WHICH
REQUIRE A SIGN CONSTRUCTION PERMIT; PROVIDING FOR THE REGULATION
OF CERTAIN TYPES OF TEMPORARY SIGNS; PROVIDING FOR CERTAIN TYPES
OF PERMANENT SIGNS IN RESIDENTIAL DISTRICTS; PROVIDING FOR CER-
TAIN TYPES OF PERMANENT SIGNS IN COMMERCIAL AREAS; PROVIDING FOR
DIRECTORY AND IDENTIFICATION SIGNS FOR NONRESIDENTIAL SUBDIVI-
SIONS AND MULTIPLE OCCUPANCY COMPLEXES; PROVIDING FOR INDIVIDUAL
OFFICE INSTITUTIONAL, BUSINESS OR INDUSTRIAL ESTABLISHMENT SIGNS;
PROVIDING FOR HOSPITAL AND EMERGENCY FACILITY SIGNS; PROVIDING
FOR BENCH SIGNS; PROVIDING FOR STANDARDS CONCERNING MEASUREMENT,
CONSTRUCTION AND MAINTENANCE OF ALL SIGNS ENUMERATED IN THIS LAND
DEVELOPMENT REGULATION; PROVIDING THAT THESE REGULATIONS SHALL
APPLY TO ALL SIGNS ERECTED AFTER THE EFFECTIVE DAY OF SUCH REGULA-
TIONS AND FURTHER REQUIRING THAT NO EXISTING SIGN SHALL BE KEPT
IN AN UNSAFE OR DANGEROUS CONDITION; PROVIDING FOR THE ADMINISTRA-
TION OF THESE REGULATIONS INCLUDING THE REVOCATION AND SUSPENSION
OF ALL SIGN PERMITS FOR CAUSE; PROVIDING FOR APPEALS TO THE PLAN-
NING COMMISSION FROM ADMINISTRATIVE DECISIONS ENFORCING THESE
REGULATIONS; PROVIDING FOR VARIANCES FROM THE LITERAL APPLICATION
OF THESE LAND DEVELOPMENT REGULATIONS WHEN CERTAIN CRITERIA ARE
MET; PROVIDING FOR PERMIT APPLICATION PROCEDURES, INCLUDING A
REQUIREMENT FOR BONDING FOR CERTAIN TYPES OF TEMPORARY SIGNS;
PROVIDING THAT CERTAIN TYPES OF TEMPORARY SIGNS SHALL ONLY BE
CONSTRUCTED BY A LICENSED CONTRACTOR; PROVIDING FOR THE DESIGNA-
TION AND REGULATION OF VARIOUS TYPES OF NON-CONFORMING SIGNS;
PROVIDING FOR THE SUMMARY REMOVAL OF CERTAIN INEXPENSIVE OR DAN-
GEROUS UNLAWFUL SIGNS AND NOTICE TO THE OWNERS THEREOF; PROVIDING
FOR THE REMOVAL OF CERTAIN OTHER TYPES OF UNLAWFUL SIGNS INCLUD-
ING THE PROVISION OF NOTICE TO THE OWNERS THEREOF; PROVIDING FOR
THE EMERGENCY REMOVAL OF SIGNS WHICH POSE AN IMMINENT THREAT TO
PUBLIC SAFETY; PROVIDING FOR THE ASSESSMENT OF COSTS IF AN OFFEND-
ING SIGN IS REMOVED AT COUNTY EXPENSE; PROVIDING FOR SUPREMACY;
PROVIDING THAT THE PLANNING DIRECTOR MAY DESIGNATE AN EMPLOYEE TO
PERFORM THE DIRECTOR'S DUTIES HEREUNDER; PROVIDING FOR
INTERAGENCY COORDINATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS
INCONSISTENT HEREWITH BUT OTHERWISE AFFIRMING THE VALIDITY OF
EXISTING REGULATIONS OR ORDINANCES; PROVIDING FOR THE AFFIRMING
THAT THE LAND DEVELOPMENT REGULATIONS ARE NOT INTENDED TO INTER-
FERE WITH ANY EXISTING PRIVATE AGREEMENTS; PROVIDING FOR INCORPO-
RATION INTO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statute 125.0102 and Florida Statute
163.3202 authorize the Board of County Commissioners to adopt a
sign ordinance; and
WHEREAS, The Board of County Commissioners held public hear-
ings at which members of the public provided input and recommenda-
tions as to the provisions of this sign ordinance; and
WHEREAS, the Board of County Commissioners, after hearing
interested parties has determined that adoption of a sign ordi-
nance is deemed in the best interests of the health, safety and
welfare of the citizens of Monroe County,
NOW, THEREFORE, BE IT ORD~INED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, that:
SECTION 1 - REPEAL
Division 13, Chapter 9, of the Monroe County Land Develop
ment Regulations is hereby repealed and a new Division 13,
Chapter 9, of the Monroe County Land Development Regulations
is hereby created and substituted therefore, which shall read
as follows:
SECTION 2 - CODE SECTION 9.5-401 - PURPOSE AND INTENT
A. PURPOSE AND INTENT
1. The purpose and intent of this ordinance is to:
a. Facilitate implementation of goals, objec
tives and policies set forth in the Florida
1
Keys Comprehensive Plan and Land ucyclopment
Regulations relating to sign control and
protection of areas from incompatible uses:
and
b. Promote convenience, safety, property
values and aesthetics by establishing a set
of standards for the erection, placement, use
and maintenance of signs which will grant
equal protection and fairness to all property
owners in Monroe County: and
c. Provide compliance with the Florida Keys Com-
prehensive Plan and Land Development Regula-
tions.
2. COMPLIANCE - The Florida Keys Comprehensive Plan
and Land Development Regulations set forth several
objectives and policies which require the preserva-
tion of aesthetic and environmental amenities,
sign control, protection of public parks, and pro-
tection of easements and open space from conver-
sion to incompatible uses as enumerated in Volume
II, Chapter II, Section 2-109 (A) and (B): Section
2-112 (A): and Chapter III A and B.
3. CONVENIENCE - This ordinance is designed to encour-
age signs which help to visually organize the ac-
tivities of the county, lend order and meaning to
business identification, and make it easier for
the public business delivery systems to locate and
identify their destinations.
4. SAFETY - The regulation of the placement, installa-
tion and maintenance of signs is justified by the
innate scheme and primary purpose to draw atten-
tion to them potentially to the detriment of sound
driving practices and the safety of the motoring
public to which a majority of the signs are orient-
ed. Therefore, it is the intent of this ordinance
to regulate the size and location of signs so that
their purpose can be served without unduly inter-
fering with motorists and causing unsafe condi-
tions.
5. PROPERTY VALUES AND AESTHETICS - The aesthetic
impact of signs is an economic fact which may
bear heavily upon the enjoyment and value of prop-
erty. The fact that signs are intended to command
visual contact grants them a proportionately great-
er role than other structures in determining the
overall aesthetic quality of the community. There-
fore, the regulation of signs is further justified
on the basis that the county has an obligation to
promote the general welfare, including enhancement
of property values, so as to create a more attrac-
tive business climate and make Monroe County a
more desirable place in which to visit, trade,
work and live.
6. EQUAL PROTECTION AND FAIRNESS - This ordinance is
designed to be fair in that everyone receives
equal and adequate exposure to the public and no
one is allowed to visually dominate his neighbor.
7. With the stated purpose in mind, it is the intent
of this ordinance to authorize the use of signs in
commercial and industrial areas which are:
a. compatible with their surroundings:
b. appropriate to the type of activity to which
they pertain;
c. an expression of the identity of the individu-
al proprietors of the community as a whole:
and
d. large enough to sufficiently convey a message
about the owners or occupants of a particular
property, the commodities, products, or devic-
es available on such property, or the busi-
ness activities conducted on such property,
yet small enough to prevent excessive, over-
powering advertising which would have a detri-
mental effect on the character and appearance
of commercial and industrial areas, or which
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could unduly distract the motoriny p~blic,
causing unsafe motoring conditions.
8. It is also the intent of this ordinance to limit
signs in noncommercial areas to essential uses,
primarily for identification and information, in
order to protect the character and appearance of
noncommercial areas.
SECTION 3 - CODE SECTION 9.5-402 - CONSTRUCTION OF LANGUAGE
AND DEFINITIONS
A. Rules for Construction of Language.
This ordinance shall be known as the "Monroe County
Sign Ordinance" and shall be referred to herein as
"this ordinance." The following rules of construction
apply to the text of this Ordinance:
1. When not inconsistent with the context, words used
in the present tense shall include the future;
words used in the singular number shall include
the plural, and the plural shall include the singu-
lar.
2. The word "used" or "occupied" as applied to any
land or building shall be construed to include the
words "intended, arranged, designed to be used or
occupied."
3. The word "person" includes any individual, firm,
company, corporation, partnership, association,
organization, or any other similar entity.
4. The word "includes" shall not limit a term to the
specific examples, but is intended to extend its
meaning to all other instances or circumstances of
like kind or character.
5. The particular shall control the general.
6. In case of any difference of meaning or impl-
cation between the text of this ordinance and any
other law or regulation, EXCEPT DEFINITIONS, this
ordinance shall control.
B. Definitions for the purpose of this Ordinance, the
terms and phrases listed below shall have the following
meanings:
1. ABANDONED SIGN: A sign which no longer correct-
ly directs or exhorts any person, advertises a
bona fide business, lessor, owner, product or ac-
tivity conducted or available on the premises
indicated on said sign.
2. ADVERTISING MESSAGE: That copy on a sign de-
scribing commodities, products, or services being
offered to the public.
3. ANIMATED SIGN: Any sign other than a "changing
sign (automatic)" of which all or any part thereof
revolves or moves in any fashion whatsoever, and
any sign which contains or uses for illustration
any light, lights, or lighting device which chang-
es color, flashes or alternates, shows motion or
movement, or changes the appearance of said sign,
or contains mirrors.
4. ANNOUNCEMENT SIGN: A temporary sign announcing
a project to be under construction or an intended
use of the premises within sixty (60) days of
erecting the sign.
5. AREA OF SIGN: Refer to Section 9.5-404.A. "Me
asurement of Sign area."
6. AWNING: A roof-like cover made of cloth, canvas
or other similar material, that projects from the
wall of a building for the purpose of shielding a
doorway, walkway, or window from the elements.
See also "Canopy" and Marquee" defined herein.
7. AWNING SIGN: A sign placed or installed on the
hanging border or other area of an awning. See
Section 9.5-403.C.I.A
8. BALLOON SIGNS: Balloons of fabric construction
on which is printed or hung signs displaying mate-
rial goods or services for sale, use or rent on
the premises to which the balloon is attached.
9. BANNERS: Any sign (other than an official flag)
made of cloth, paper or fabric of any kind and
suspended by one or more strings or ropes, which
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~s used to attract attention, whether or not im-
printed with words or characters. See
"Pennant."
10. BEACON LIGHT: Any light with one or more beams,
capable of being directed in any direction, or
capable of being revolved automatically, or having
any part thereof capable of being revolved automat-
ically; or a fixed or flashing high intensity
light.
11. BENCH SIGN: Sign or signs which are attached to
benches or painted on benches that are placed on
or along public rights-of-way and are off-premise
advertising.
12. BILLBOARD: Outdoor advertising signs erected
and/or maintained upon which advertising messages
may be displayed and which generally advertise
firms or organizations that, along with their
goods, products, or services are not located on
the same premises as the sign; and whose surface
is sold, rented, owned, leased, or donated for the
display of advertising material.
13. BUILDING FACE OR WALL: See "Facade."
14. BUILDING FRONTAGE: The lineal distance measured
along the front of a building as determined by the
Monroe County Building Code and parallel to a
street right-of-way; or along the water line paral-
lel to the shoreline.
15. BUILDING OFFICIAL: The administrative director
of the Monroe County Building Division or his des-
ignated representative(s).
16. BULLETIN BOARD: A sign which identifies an in-
stitution or organization on the premises on which
it is located and which contains the names of indi-
viduals connected with it, general announcements
of events or activities occurring at the institu-
tion, or similar messages. It shall not be inter-
preted to include movie theatres or other similar
commercial activities.
17. BUSINESS AFFILIATION SIGN(S): Signs displayed
upon the premises denoting professional and trade
associations with which the occupant is affiliat-
ed, including each credit card accepted by the
occupant.
18. BUSINESS INFORMATION SIGN(S): Signs providing
information to customers such as business hours,
telephone number, "open" or "closed," "shirts &
shoes required," "no soliciting," "no loitering."
19. CANOPY: A permanent roof-like shelter open on
four sides, to protect an area from the elements,
such as over gasoline pumps.
20. CANOPY SIGN: Any permanent sign attached to or
constructed in or on a canopy.
21. CHANGEABLE COpy SIGN (MANUAL): A sign on which
copy is changed manually, i.e. reader boards with
changeable letters or changeable pictorial panels.
22. CHANGING SIGN (AUTOMATIC): A sign such as an
electronically or electrically controlled public
service time, temperature and date message, mes-
sage center, or readerboard, where different copy
changes of a public service or commercial nature
are shown on the same lampbank.
23. COMMERCIAL ADVERTISING SIGN: Any structure,
poster board, bulletin board, neon lighting,
screen, surface or wall, or any floating platform,
with characters, letters or illustrations affixed
thereto, thereon, or thereunder, by any method or
means whatsoever, where the matter is displayed,
would be used for the purpose of publicly advertis-
ing the legal or exact firm or organization name
or the name of the business carried on therein or
thereat, or for advertising any service or product
being offered for sale therein or thereon.
24. CONSTRUCTION SIGN: A sign erected at a building
site that displays the name of the project and
identifies the owner, architect, engineer, general
4
contractor, financial institution and otner firms
involved with the design or construction of the
project.
25. COPY (PERMANENT AND TEMPORARY): The wording on
a sign surface either in permanent or removable
letter form.
26. COpy AREA: The entire area within a single,
continuous perimeter composed of a square or rec-
tangle, which encloses the extreme limits of the
advertising message, announcement or decoration on
a sign.
27. COUNTY: The unincorporated areas within
Monroe County, Florida.
28. DEVELOPMENT SIGN(S): A sign advertising or
promoting the sale or rental or lease of lots
and/or homes in any residential development, or
units in any commercial development.
29. DIRECTIONAL SIGN: A sign the content of
which is limited to the identification of a specif-
ic premise or occupancy located elsewhere.
30. DIRECTORY SIGN: Any sign which gives the name,
address and/or occupation of persons or businesses
located on the premises.
31. DOUBLE-FACED SIGN: A single plane with
items of information on both sides and mounted as
a single structure.
32. DOUBLE-TIER BILLBOARD: Two billboards that are
stacked one above the other so that one is higher
than the other and both are visible in the same
direction.
33. ELECTRONIC CHANGING MESSAGE CENTER: See
"Changing sign (Automatic)."
34. ERECT: To build, construct, attach, hang,
place, suspend, or affix: to paint a wall sign.
35. FACADE: The face of a building most nearly
parallel with the right-of-way line under consider-
ation. Facade includes the area of the building
between the principal front building corners from
ground to roof line.
36. FACE OF SIGN: The entire area of a sign on
which copy could be placed.
37. FLASHING SIGN: A sign or any part thereof
which contains an intermittent or flashing light
source, or which includes the illusion of intermit-
tent or flashing light by means of animation, or
an externally-mounted intermittent light source.
Automatic changing signs such as a public service
time, temperature and date message or electroni-
cally-controlled message center are classed as
"changing signs," not "flashing signs."
38. FREE-STANDING SIGN: Any sign connected to
the ground, which is not portable (see ground
sign) .
39. FRONTAGE STREET OR SHORELINE: The distance
measured along a public street right-of-way or a
private street easement between the points of in-
tersection of the side lot lines with said right-
of-way or easement line or along the waterline
parallel to the shoreline.
40. GOVERNMENT SIGN: Any sign erected and main
tained pursuant to, and in discharge of any govern-
mental function or required by law, ordinance, or
other governmental regulation.
41. GRAPHIC SIGN: A form of wall sign which has
different size standards and consists of the same
material as the facade of which it is an integral
part, and does not project more than two (2) inch-
es from the surface of the facade. In the case of
a painted graphic, the color of the graphic sym-
bols may be different from that of the facade upon
which it is painted.
42. GROUND OR GROUND-MOUNTED SIGN Any sign or
other street graphic which is mounted on or sup-
ported by an upright or brace in or upon the
ground, said upright or brace being directly at-
5
~ached in or upon the ground and indepenaent of
support of any building, fence or a wall of an
accessory building or structure.
43. HEIGHT OF SIGN: See Section 9.5-406.B. "Mea
surement of sign height."
44. IDENTIFICATION SIGN: Any sign where the
matter displayed is used only to indicate the
name, address, number of building, or character of
the primary land use.
45. INDIVIDUAL LETTER SIGN: Any sign made of
self-contained letters that are mounted on the
face of a building.
46. ILLUMINATED SIGN: Any sign which is illumi
nated by artificial light, either from an interior
or exterior source, including outline, reflective
or phosphorescent light, whether or not the source
of light is directly affixed as part of the sign.
47. INSTRUCTIONAL SIGN: A sign located entirely on
the property to which it pertains and which is
intended to provide direction to pedestrians or
vehicular traffic and/or to control parking on
private property. Examples: "entrance," "exit,"
"one-way," "pedestrian walk," "handicapped park-
ing," etc.
48. LICENSED CONTRACTOR: A person holding a
valid Certificate of Competency in sign installa-
tion issued by Monroe County.
49. LIMITED COMMERCIAL ADVERTISING SIGN: Any
painted, appliqued, or otherwise applied surface
message or symbol displayed on machinery or equip-
ment which identifies or advertises the product or
service dispensed by the machine or equipment.
50. LOGO SIGN: A sign type which contains a
listing of businesses providing gas, food or lodg-
ing.
51. MAINTAIN: To preserve from decline, keep in
an existing state; to retain in possession or con-
trol.
52. MARQUEE: Any board or other permanent roof-
like structure which projects from a wall of a
building, usually above an entrance. See "Awning"
and "Canopy."
53. MARQUEE SIGN:
Theaters, museums, auditoriums, and fairgrounds or
other uses providing regular shows shall be permit-
ted marquee signs up to an additional one hundred
(100) percent in area beyond that permitted for
free-standing signs, provided that the area of
other signs to which the theater, museum, auditori-
um, or fairground may be entitled is reduced. The
increase in area permitted for the marquee sign
shall be equal to the reduction in area of other
permitted signs.
54. MILE MARKER SIGN:
55. MULTIPLE OCCUPANCY COMPLEX: A parcel of prop-
erty under one ownership or singular control, or
operated as a unified or coordinated project,
with a building or buildings housing more than one
occupant conducting a business operation of any
kind.
56. NAMEPLATE: A sign bearing only property
numbers, street addresses, mailbox numbers, estate
names or names of occupants of the premises. See
"Professional Nameplate."
57. NEON SIGN: Any sign formed by luminous, gaseous
tubes in any configuration.
58. OFF-PREMISES SIGN: A sign other than a di
rectional sign or mile marker sign that is located
off the property on which the use or activity ad-
vertised is sold.
59. ON-PREMISE SIGN: A sign the content of
which relates to the premises on which it is locat-
ed.
60. PENNANT: Any flag-like piece of cloth, plas
tic, or paper attached to any staff, cord, build-
6
~ng, or other structure at only one or ~wo edges,
the remainder hanging loosely.
61. PLANE: Any surface such as a rectangle,
square, triangle, circle or sphere which is capa-
ble of carrying items of information; any area
enclosed by an imaginary line describing a rectan-
gle, square, triangle, or circle which includes
free-standing letters, numbers or symbols.
62. POLITICAL SIGNS: Temporary political or cam
paign signs on behalf of candidates for public
office or measures on election ballots.
63. PORTABLE SIGN: Any mobile or portable sign
or sign structure that is not permanently attached
to the ground or to any other structure. This
definition shall include trailer signs, A-frame
signs, sandwich signs and vehicles whose primary
purpose is advertising.
64. POSTED PROPERTY SIGN: A sign used to indicate
"no trespassing," "beware of dog," "no dumping,"
or other similar warnings.
65. PREMISES: Any property owned, leased or con-
trolled by the person or persons actively engaged
in business and so connected with the business as
to form a contiguous component or integral part of
it; or owned, leased or controlled by a person or
persons for living accommodations.
66. PROFESSIONAL NAMEPLATE: A sign bearing the
name and/or address and the occupation of the occu-
pant.
67. PROJECTING SIGN: Any sign which is affixed
to any building wall or structure and extends more
than thirty-six (36) inches horizontally from the
plane of the building wall.
68. PROMOTIONAL SIGN: A sign posted by civic
clubs or other non-profit organizations to adver-
tise a special event such as a bazaar, dance, art
show, craft show, or similar type of event.
69. PUBLIC BODY: Any government or governmental
agency of the United States, the State of Florida,
or the County of Monroe.
70. REAL ESTATE SIGN: Any structure, device, dis-
play board, screen, surface or wall, with charac-
ters, letters or illustrations placed thereto,
thereon, or thereunder, by any method or means
whatsoever, where the matter displayed shall be
used solely for the purpose of offering for sale,
or lease, or for rent the same property upon which
the sign is placed.
71. REPLACE: to rebuild, enlarge, or change in
size, structure or copy other than repainting and
repairing electrical apparatus for maintenance
purposes.
72. ROOF LINE: Highest continuous horizontal line
or a roof. On a sloping roof, the roof line is
the principal ridge line, or the highest line com-
mon to one or more principal slopes of the roof.
On a flat roof, the roof line is the highest con-
tinuous line of the roof or parapet, whichever is
higher.
73. ROOF SIGN: Any sign or other street graphic
erected or constructed, and maintained above the
eaves and under the roof line of any building.
74. SANDWICH SIGN: An "A" shaped sign and/or
other types of portable signs, single or double
faced, which are portable and readily movable from
place to place.
75. SEAWALL SIGN: Any sign with characters, let-
ters, figures, designs, or outlines painted on the
face of the bulkhead or seawall.
76. SEMI-PUBLIC BODY: Includes churches, civic and
other organizations operating in the county as
non-profit organizations serving a public purpose
or service.
77. SIGN: Any object, device, display, or struc-
ture, consisting of letters (foreign or domestic),
7
I1~mbers, symbols, pictures, illustrat1ons, an-
nouncements, cut-outs, insignia, trade marks or
demonstrations, including all copy area, trim and
borders, designed to advertise, inform, identify,
or to attract the attention of persons not on the
premises on which the device or display is locat-
ed, and visible from any public way.
78. SHOPPING CENTER: See "Multiple-Occupancy Com
plex."
79. SIGN STRUCTURE: Any structure which sup
ports, has supported or is capable of supporting a
sign, including decorative cover.
80. SNIPE SIGN: Any sign of any material, in
cluding paper, cardboard, wood and metal, when
tacked, nailed or attached in any way to trees,
telephone poles, sticks or other objects.
81. STATUTORY GRAPHIC: Any sign required by a law
of Monroe County, the State of Florida, or the
U.S. Government.
82. STREET FRONT:
83. SWINGING SIGN: Any sign installed on an arm
or spar, and not permanently fastened to an adja-
cent wall or upright pole.
84. TEMPORARY DISPLAY SIGN: Any sign made of
paper attached to a window for the purpose of
informing the public of special events or sales.
85. TEMPORARY SIGN: A sign as further defined
and limited by this ordinance which is put in
place for a period certain to notify, advertise or
announce an event, service or article;
86. UNDER-CANOPY OR UNDER-MARQUEE SIGN: Any
sign suspended below the ceiling of a canopy or
marquee.
87. VISION TRIANGLE: A triangular-shaped portion of
land established at street intersections or street
and driveway intersections in which nothing is
erected, placed, planted, or allowed to grow in
such a manner as to limit or obstruct the sight
distance of motorists entering or leaving the in-
tersection.
88. WALL-MOUNTED SIGN: Any sign mounted on and
approximately parallel to the face of the building
wall and projecting not more than twelve (12) inch-
es from the plane of the wall. Signs on the out-
side of a window are considered wall-mounted .
89. WINDOW SIGN: Any sign mounted inside of a win
dow for display to the public passerby outside the
window. Window sign does not include temporary
display signs.
SECTION 4 - CODE SECTION 9.5-403 - GENERAL PROVISIONS
A. APPLICABILITY OF ORDINANCE
Except as otherwise provided in this ordinance, it
shall be unlawful for any person to erect, construct,
enlarge, move, modify, or convert any sign in the coun-
ty, or cause the same to be done, without first obtain-
ing a sign permit for each such sign from the Planning
Director as required by this ordinance.
Exceptions
1. This ordinance shall not apply to any sign erected
by or at the direction of the federal, state, or
county government.
2. The following operations shall not be considered
as creating a sign insofar as requiring the issu-
ance of a sign permit, but such signs which are
subject to the following operations must be in
conformance with all other development regula-
tions of the county:
a. Change of copy: Changing of the advertis-
ing copy of message on an existing, approved,
changeable copy sign, whether electrical,
illuminated, electronic-changing message cen-
ter or non-illuminated message, which are
specifically designed for the use of replace-
able copy. A change of copy for a billboard
shall not require a permit.
8
~. Maintenance: Painting, repainting, clean-
ing or other normal maintenance and repair of
a sign not involving painting or repainting
of copy area, structural or electrical chang-
es. Replacement of the plastic face of a
sign shall not be considered maintenance or
change of copy.
c. Window Displays: Changes in the content of
show window displays provided all such dis-
plays are within the building.
B. PROHIBITED SIGNS
No commercial advertising signs, by whatever name desig-
nated, shall be erected in the county, except those
expressly authorized by the provisions of this ordi-
nance. The following specific types of signs are ex-
pressly prohibited, but this enumeration shall not be
construed to limit the general prohibition set forth
above:
1. On-site signs and off-site signs which are not
designed, located, constructed, or maintained in
accordance with these provisions, or which do not
meet the requirements of all applicable county,
state and federal codes.
2. Lights and signs that may be confused with any
traffic control device, official traffic control
signs, or emergency vehicle markings.
3. Signs or other advertising matter as regulated by
this ordinance erected at the intersection of any
streets in such a manner as to obstruct free and
clear vision; or at any location where, by reason
of the position, shape, or color, it may interfere
with or obstruct the view of any authorized traf-
fic sign, signal, or device; or which makes use of
words "stop," "look," "drive-in," "danger," or any
other word, phrase, symbol, or character in such a
manner as to interfere with, mislead or confuse
vehicular traffic.
4. Abandoned Signs: (defined)
5. Animated Signs: (defined)
6. Signs which emit visible smoke, vapor, parti-
cles,or odor, and/or which produce noise or sounds
capable of being heard even though the sounds pro-
duced are not understandable sounds.
7. Balloons: including all inflatable air signs
or other temporary signs that are inflated with
helium or other gaseous elements shall be prohibit-
ed, except as permitted in Section 9.5-403.4.C.2.b.
8. Bench Signs: except as permitted in Section
9.5-405.C.
9. Motion picture mechanism in conjunction with any
outdoor advertising structure, accessory sign, or
advertising statuary used in such a manner as to
permit or allow the images to be visible from any
public street or sidewalk.
10. Parking of Advertising Vehicles: No person
shall park any vehicle, trailer or boat on a pub-
lic right-of-way, public beach, public property or
on private property so as to be clearly visible
from a public right-of-way, which has attached
thereto or located thereon any sign for the prima-
ry purpose of providing advertisement of products
conveying messages or directing people to a busi-
ness or activity located on the same or nearby
property or any other premise. This section is
not intended to prohibit any form of public vehicu-
lar signage such as a sign attached to a bus.
Neither shall this section prohibit a sign let-
tered on or attached to a motor vehicle in a man-
ner to primarily identify the vehicle with the
business it serves and is less than six (6) square
feet in area.
11. The display of merchandise, or the use of any
other unusual device or contrivance visible from a
public or private street or right-of-way, for ad-
vertising or commercial purposes.
9
12. rVLtable Signs: except as permitted in ~ection
9.5-404.a.1.b.
13. Projecting Signs (defined)
14. Roof Signs: except as permitted in Section
9.5-406.A.4.
15. Signs with any lighting or control mechanism which
causes radio or television or other communication
interference.
16. Signs erected, constructed, or maintained that
obstruct any fire fighting equipment, window,
door, or opening used as a means of ingress or
egress or for fire-fighting purposes, or placed
so as to interfere with any opening required for
proper light and ventilation.
17. Signs, except "posted property" signs, which are
erected or maintained upon trees or painted or
drawn upon rocks or other natural features.
18. Signs on public property: No sign shall be per-
mitted which is placed on any curb, sidewalk,
post, pole, post hydrant, bridge, tree or other
surface located on public property or over or
across any street or public street except as may
otherwise expressly be authorized by this ordi-
nance.
19. Snipe Signs (defined)
20. Unshielded illuminated devices that produce
glare or are a hazard or a nuisance to motorists
or occupants of adjacent properties.
21. Signs erected on floating devices or painted on
boats are prohibited as are those which are erect-
ed in or on water areas; except for a boat's name,
home port and ID number.
22. No sign shall be located so as to violate the cor-
ner visibility restrictions in Section 9.5-406.C
23. No signs shall be allowed within road right-of-
way lines.
24. No free-standing sign shall exceed a height of 35
feet above the crown of the road.
C. PERMITTED SIGNS
Permitted signs are classified into three (3) catego-
ries: 1) signs not requiring a permit; 2) signs requir-
ing a "Sign Location Permit" only; and 3) signs requir-
ing a "Sign Construction Permit."
1. Signs Not Requiring a Permit
a. Awning Signs
Signs consisting of one line of letters not
exceeding nine (9) inches in height may be
painted, placed or installed upon the hanging
border only of any awning legally permitted,
erected and maintained in accordance with
county ordinances or land development regula-
tions. An identification emblem, insignia,
initial or other similar feature not exceed-
ing an area of eight (8) square feet may be
painted, placed or installed elsewhere on any
awning provided that any sign, emblem, insig-
nia or other such similar item shall comply
with other provisions of the ordinance.
b. Business Affiliation Signs: Businesses may
display signs upon the premises denoting pro
fessional and trade associations with which
they are affiliated, required statutory
signs, and other signs pertaining to public
safety and law enforcement, provided such
graphics do not contain lettering more than
two (2) inches high.
c. Business Information Signs: (defined)
Provided that such signs are posted on the en-
trance doors or within a window.
d. Flags or insignias of a governmental, reli-
gious, charitable, or fraternal organization,
except when displayed in connection with a
commercial promotion.
e. Garage Sale signs provided they are erected
10
not more than twenty-four (24) hours prior to
the sale and are removed within seventy-two
(72) hours of the time they were erected.
f. Holiday Decorations: Signs of primarily
decorative nature, clearly incidental and
customary and commonly associated with any
national, local or religious holiday, provid-
ed that such signs shall be displayed for a
period of not more than sixty (60) consecu-
tive days nor more than sixty (60) days in
anyone year. Such signs may be of any type,
number, area, height, illumination or anima-
tion and shall be set back ten (10) feet from
all boundary lines of the lot, provided that
clear visibility be maintained on a corner
lot.
g. Instruction Signs not exceeding two (2)
square feet in area, per sign.
i. Memorial signs or tablets, names of build-
ings and date of erection when cut into any
masonry surface or when constructed of bronze
or other incombustible materials.
j. Nameplates (defined) not exceeding one and
one-half (1-1/2) square feet in area.
k. Pennants for commercial purposes provided
they do not exceed 2 square feet in area,
individually.
I. Political/Campaign Signs not exceeding
twelve (12) square feet in area. For larger
signs, refer to Section 9.5-403.C.2.
m. Posted Property Signs (defined) not exceed-
ing one and one-half (1.5) square feet in
area per sign and not exceeding four (4) in
number per lot, except that special permis-
sion may be obtained from the Building Offi-
cial for additional signs under proven spe-
cial circumstances. Said signs shall not be
illuminated nor shall they project over any
public right-of-way.
n. Professional Nameplates not exceeding two
(2) square feet in area.
o. Promotional Signs not exceeding twelve
(12) square feet in area, provided that said
signs are posted only during the event or no
more than fifteen (15) days before the event
and are removed no more than five (5) days
after the event. See Section 9.5-403.C.2.
p. Real Estate, Open House, Model Signs: One
sign not exceeding four (4) square feet. See
Section 9.5-404.A.6.
q. Symbols or Insignia: Religious symbols,
commemorative plaques of recognized histori-
cal agencies, or identification emblems of
religious orders or historical agencies, civ-
ic organizations or other nonprofit organiza-
tions provided that no such symbol, plaque or
identification emblem shall exceed four
square feet in area.
r. Temporary Display Signs: collectively cov-
ering less than fifty (50) percent of the
window glass area; and shall not be counted
towards the maximum allowed signage area.
s. Warning Signs: Signs informing the public
of the existence of danger, but containing no
advertising material, of a size as may be
necessary, to be removed upon subsidence of
danger.
t. Window signs which collectively cover thir-
ty-five (35) per cent or less of the window
glass surface area. Note: Statutory graph-
ics, business information signs, and business
affiliation signs are excluded from the compu-
tation of the sign area limitations and/or
restrictions specified in Section 9.5-404.C.1.
2. Signs Requiring a "Sign Location Permit" Only
11
~ne following types of signs are allowea upon ap-
plication for, and issuance of, a "Sign Location
Permit" (see Section 9.5-407.D.2.) provided that:
1) they are non-illuminated signs or the illumina-
tion is from a previously approved source; 2) the
sign does not come under the requirements speci-
fied in subsection 3 below, for construction per-
mits; and 3) all other provisions of this ordi-
nance are met.
a. Announcement Signs - See Section
9.5-404.A.1.
Balloons and Banners are permitted for spe-
cial events and shall not be permitted to be
displayed for more than twenty days cumula-
tively. Size shall not exceed thirty two
(32) square feet.
Bench Signs - See Section 9.5-405.C.
Construction Signs - See Section
9.5-404.A.2.
Development Signs - See Section
9.5-404.A.3.
Identification Signs - See Section
9.5-404.B. and 9.5-404.C.
Political Signs exceeding four (4) square
feet in area - See Section 9.5-404.A.4
Promotional Signs exceeding twelve (12)
square feet in area - See Section 9.5-404.A.5
Real Estate Signs exceeding four (4) square
feet in area - See Section 9.5-404.A.6.
Wall-Mounted Signs - See Section
9.5-404.C.3.d.
All other signs permitted by these regula-
tions and not included in Sections 4.C.1. or
4-C.3.
Signs Requiring a "Sign Construction Permit"
No sign that meets or exceeds one or more of the
following criteria shall be erected prior to issu-
ance of a "Sign Construction Permit" in accordance
with Section 9.5-403.C.3.
a. Any sign exceeding ten (10) feet in height
b. Any sign exceeding thirty-two (32) square
feet in area.
Any illuminated sign
illumination has not
Any sign (other than
ing 40 square fee in
or marquee.
SECTION 5 - CODE SECTION 9.5-404 - SPECIAL REGULATIONS
A. TEMPORARY SIGNS
Upon application for, and issuance of, a sign location
permit, the following temporary signs are permitted in
all land use districts subject to the following regula-
tions.
1. Announcement Signs
a. A temporary announcement sign shall be per-
mitted in accordance with the following:
(1) One ground-mounted or wall-mounted sign
allowed per street frontage per project;
(2) Sign areas shall not exceed thirty-two
(32) square feet and shall not exceed
eight (8) feet in height above the crown
of any abutting street; and
(3) The sign may include only the project or
enterprise name; the nature of develop-
ment or business (e.g. professional
office, villas, townhouses, condominium,
etc.); the name of the owner or agent;
and one (1) telephone number.
b.
c.
d.
e.
f.
g.
h.
i.
j .
k.
3.
c.
d.
if the source of said
been previously approved.
a painted sign) exceed-
area attached to a wall
Said sign may be posted for a sixty (60)
day period. Renewal of an announcement
sign permit shall be granted upon submis-
sion of a signed affidavit from the ap-
plicant stating that the use or issuance
of a building permit is expected to oc-
12
cur within 60 days. Such s1gn shall be
removed upon issuance of a building per-
mit for the project. The foregoing not-
withstanding, signs announcing the devel-
opment of a recorded subdivision may be
posted for a twelve (12) month period
from the date of recording the subdivi-
sion plat.
b. Temporary announcement signs for a new busi-
ness, or a business in a new location with no
permanent signs, may be permitted a temporary
sign (including a portable) of up to thirty-
two (32) square feet in sign area or the maxi-
mum permitted sign area for anyone ground-
mounted permanent sign, whichever is less,
for a period of not more than sixty (60) days
or until installation of permanent signs,
whichever occurs first. Said temporary sign
shall not exceed ten (10) feet in height. No
temporary announcement sign shall be permit-
ted if the sign would exceed either the num-
ber or size of permanent signs otherwise per-
mitted by this Ordinance for the occupant or
location.
2. Construction Signs
a. One non-illuminated construction sign shall
be permitted per construction site no more
than five (5) days prior to the beginning of
construction of the project for which a valid
building permit exists, shall be confined to
the site of construction, and shall be re-
moved prior to issuance of a Certificate of
Occupancy.
b. Construction signs may denote the architect,
engineer, contractor, subcontractor, owner,
future tenant, financing agency, or other
person and firms performing services, labor,
or supply materials to the premises.
c. Maximum size limitations for construction
signs shall be:
(1) Single family or duplex residences: A
ground-mounted sign not exceeding twelve
(12) square feet in sign area and six
(6) feet in height, including supports.
(2) Multiple-family residences and non resi-
dential developments: A wall or
ground-mounted sign not exceeding sixty-
four (64) square feet in sign area and
ten (10) feet in height including sup-
ports.
d. All construction signs shall be set back a
minimum of fifteen (15) feet from any proper-
ty line or street right-of-way or easement
line, whichever is greater.
3. Development Signs
a. A development sign may be permitted in any
residential development wherein more than
twenty (20) percent of the lots, homes, or
living units remain unsold, subject to the
following regulations:
One non-illuminated development sign not ex-
ceeding twenty-four (24) square feet in sign
area may be permitted for each street en-
trance into the subject subdivision or devel-
opment. Said sign(s) shall be located within
the confines of the property being devel-
oped. Permits for such signs shall be issued
for one year and may be renewed annually un-
til twenty (20) percent or less of the total
lots, homes or living units remain unsold.
b. One non-illuminated development sign per
street frontage may be permitted in any com-
mercially or industrially zoned district to
promote the sale or rental or lease of units
within the development. The maximum size
13
shall be thirty-two (32) square ree~ and the
maximum height shall be ten (10) feet.
4. Political Signs
Except as provided in Section 9.5-403 C.1.1,
political signs shall be permitted in any zoning
district provided that said signs are subject to
the following regulations:
a. No person or organization shall post a politi-
calor campaign sign on property owned by
others without and until such person or organ-
ization obtains a permit from the Building
Official.
b. Political or campaign signs may be erected
not earlier than seventy (70) days prior to
said election and shall be removed within
twenty (20) days following said election.
c. In areas zoned residential, signs shall not
exceed twelve (12) square feet in area or six
(6) feet in height.
d. The provisions of subsections 1, 2, & 3 above
notwithstanding, nothing herein shall be con-
strued as prohibiting a property owner from
placing temporary political or campaign signs
on his property provided they do not exceed
two (2) square feet in sign area, per sign.
5. Promotional Signs
Except as provided in Section 9.5-403.C.1.p. no
person, civic club or other organization shall
post any sign on property owned by others for spe-
cial events or promotions without and until such
person, civic club or organization obtains a per-
mit from the Building Official and a bond is post-
ed sufficient to insure the proper maintenance
and/or removal of said sign(s) in accordance with
Section 9.5-407.D.2.c. of the ordinance, and the
following regulations:
a. Promotional signs may be erected within fif-
teen (15) days prior to a proposed event and
must be removed within five (5) days after
said event.
b. Promotional signs shall not exceed thirty-two
(32) square feet in area, or (10) feet in
height.
6. Real Estate Signs:
a. "For Sale," "For Rent," or "For Lease" Signs
1) Except as provided in Section
9.5-404.A.6.a.3., real estate signs
shall be permitted on properties where
the owner is actively attempting to
sell, rent or lease such property, ei-
ther personally or through an agent as
follows:
a) Single-family or duplex residenc-
es:
One non-illuminated wall or ground-
mounted sign not exceeding thirty-
two (32) square feet and ten (10)
feet in height shall be permitted
on each street frontage and water
frontage.
b) Multiple-family structures and non-
residential buildings:
One non-illuminated wall or ground-
mounted sign not exceeding thirty-
two (32) square feet and ten(10)
feet in height shall be permitted
on each street frontage.
c) Property of ten (10) acres or
more:
Any property of (10) acres or more
in size, regardless of the limita-
tions set forth in 1 and 2 above,
shall be permitted non-illuminated
real estate signs as follows:
14
One sign may be erected for every
three hundred and thirty (330)
linear feet or major fraction there-
of, of frontage on anyone street.
Signs shall not exceed thirty-two
(32) square feet in area or ten
(10) feet in height.
2) Signs are to be located a minimum of
fifteen (15) feet from the right-of-way
line and a minimum of fifteen (15) feet
from the side lines, except where the
building is in a commercial area it may
extend to the sidewalk line.
3) "Sold" signs shall be allowed on real
estate signs in three by sixteen (3 x
16) inch strips, removable within 30
days after consummation of sale.
b. "Open-House" or "Open for Inspection" Signs
One company ground-mounted, "Open House" sign
per street frontage shall be allowed per sin-
gle-family dwelling or per multi-family build-
ing. Sign area shall not exceed four (4)
square feet. The sign shall be displayed
only when the premises are actually available
for inspection by a prospective buyer or ten-
ant.
c. "Model" Signs
1) One temporary, ground-mounted, "Model"
or "Model Open" sign per residential
building containing a model unit which
is not for sale but which represents a
particular unit design of similar units
that are for sale, shall be permitted,
provided that:
a) The sign area shall not exceed sev-
en (7) square feet;
b) Sign copy may include only the word
"Model," the name of the builder
and his agent, the number of bed-
rooms and baths, and one (1) tele-
phone number; 2) One (1) "parking
in rear" or "model parking" sign
per model shall be permitted.
d. Any real estate sign which is illuminated or
which exceeds thirty-two (32) square feet in
area, or ten (10) feet in height shall re-
quire a construction permit.
B. PERMANENT SIGNS IN RESIDENTIAL AREAS
1. Residential Subdivision Sign
a. Permanent, wall or ground-mounted sign(s) for
identification purposes only, giving only the
name of the subdivision, or residential devel-
opment, may be permitted at one main entrance
into such subdivision or development from
each abutting street, subject to the follow-
ing regulations:
1) Subdivision entrances which contain a
median strip separating the entrance and
exit lanes, shall be permitted the fol-
lowing:
a) A single ground-mounted sign locat-
ed in the median strip of the en-
trance provided that: 1) it is set
back a minimum of fifteen (15) feet
from the right of way of the public
access road; and 2) a minimum of
ten (10) feet from the edge of the
pavement of the entrance and exit
lanes, OR
b) Two single-faced signs equal in
size and located on each side of
the entrance way.
2) Subdivision entrances which do not con-
tain a median strip shall be permitted:
15
/:
a) One (1) double-faced sign facing
perpendicular to the public road;
or
b) Two single-faced signs equal in
size and located on each side of
the entrance way.
b. Limitations
1) The subdivision or development shall
have a homeowners' association or simi-
lar entity which will be responsible for
maintenance of the signs.
2) The face of each sign shall not exceed
thirty-two (32) square feet in area.
3) Maximum permitted height shall be eight
(8) feet.
4) Except when permitted in the entrance
median strip, the sign(s) shall be locat-
ed on private or commonly-owned property
and shall be set back a minimum of fif-
teen (15) feet from the edge of the pub-
lic right-of-way and at least fifteen
feet from the edge of the entrance-way
pavement, if a private street.
5) The sign may incorporate, or be incorpo-
rated into, accessory entrance structur-
al features such as a project wall or
landscaping.
c. Where a residential development has more than
one entrance from the same street, one addi-
tional identification sign not exceeding four
(4) square feet in size, shall be permitted
at each additional entrance way. Any identi-
fication sign other than at the main entrance
way shall not be illuminated.
2. Schools, Churches, Day-Care Centers
A school, church, day-care center or any other
similar use permitted by right or by special excep-
tion in accordance with these regulations shall be
permitted one (1) ground-mounted or wall-mounted
identification sign and one (1) directory sign,
subject to the following limitations:
a. Maximum sign area shall be thirty-two (32)
square feet per sign face.
b. Signs shall be located at least fifteen (15)
feet from any property line.
c. No sign shall exceed six (6) feet in height.
C. PERMANENT SIGNS IN COMMERCIAL AREA
1. Calculation of Total Permissible Sign Area
Except as specifically provided in Section
9.5-403.C.1., total permitted sign area for any
nonresidential use shall be calculated at the ra-
tio of twenty (20) square feet of sign area for
every ten (10) linear feet (or major fraction
thereof, of frontage on a street which affords
vehicle access to the property, subject to the
following limitations.
a. Single Frontage
1) Fifty (50) feet or less frontage:
Maximum permitted sign area shall be one
hundred (100) square feet.
2) Over fifty (50) feet but less than one
hundred (100) feet of frontage: Maxi-
mum permitted sign area shall be one
hundred and fifty (150) square feet.
3) From one hundred (100) to three hundred
thirty (330) feet of frontage: Maximum
permitted sign area shall be three hun-
dred (300) square feet.
4) Over three hundred and thirty (330)
feet of frontage: Maximum permitted
sign area shall be four hundred (400)
square feet.
b. Multiple Frontage
1) Corner lots: Uses located on corner
lots may utilize up to the maximum sign area
16
allowed for each frontage providing vehi-
cle access. No transfers of allowable
area may be made from one frontage to
another.
2) Parallel street frontage: Uses with
frontage on two (2) street which do not
form a corner lot, shall be allowed sign
area credit from the second street as
follows:
a) Both streets are classified as col-
lectors or better:
When both streets serve as collec-
tors (or higher intensity) and pub-
lic access is available from both
streets, each street frontage shall
be computed as provided in Section
9-5-404.C.1 and 2 above. However,
no transfers of allowable area may
be made from one frontage to the
other. Example: a use located on
a through lot between old and new
U.S. 1.
b) One street is a collector (or bet
ter) street and one street is a
local street: When a use fronts
on two streets, one of which is
classified as a local street, the
following limitations shall apply:
i) If the property across the local
street is residential or institu-
tional, or if the primary use on
either side of the local street
within that block is residential,
the sign area allowance on the lo-
cal street shall be limited to twen-
ty-five (25) square feet, regard-
less of frontage. Examples: Prop-
erty fronts have primary access to
U.s. 1 but also border a local
street behind said property.
ii) If the property across the lo-
cal street is commercial or indus-
trial, and said street provides
vehicular access to the subject
property, sign area allowance shall
be the same as provided in Section
9.5-404.C.l.a. No transfer of al-
lowable area may be made from one
street to the other. Example: A
business establishment located in a
commercial or industrial area.
c) Both streets are classified as
local streets:
When a use borders on two local
streets, full sign area credit
shall be allowed for the street
that provides the primary vehicle
access. The second street shall be
limited to a sign area of twenty-
five (25) square feet. No trans-
fers of allowable sign area shall
be made from one street to the oth-
er. Example: A permitted estab-
lishment in a primarily residential
area.
d) Where a business fronts upon a col-
lector or better street but is sepa-
rated by a frontage road, the allow-
able sign area shall be treated as
though the frontage road was not
there.
2. Nonresidential subdivisions and multiple-occu-
pancy complexes
a. Identification Sign
17
11
A nonresidential subdivision or a multiple-oc-
cupancy complex shall be permitted ground-
mounted identification signs along any street
which provides access to the property as fol-
lows:
1) One (1) square foot of sign area per
face, shall be permitted for everyone
(1) linear foot of frontage provided
that:
a) No sign shall exceed two hundred
(200) square feet in area per sign
face; two faces permitted.
b) Only one (1) identification sign
shall be permitted along any street
frontage of less than three hundred
and thirty (330) linear feet.
A second identification sign may be
permitted if the frontage along any
one (1) street exceeds three hun-
dred and thirty (330) linear feet
provided that the total combined
sign area of both signs does not
exceed three hundred (300) square
feet.
c) On corner lots the developer may
either place one identification
sign on both streets providing ac-
cess as stipulated in a) and b)
above, or he may place one sign in
the corner with a total sign area
based upon the total frontage of
both streets provided the maximum
sign area shall not exceed three
hundred (300) square feet per face.
d) Where a nonresidential subdivision
has more than one entrance from the
same street, one additional identi-
fication sign not exceeding sixteen
(16) square feet, not illuminated,
and displaying the name of the de-
velopment only may be permitted at
each additional entrance.
2) The maximum height of any identification
sign shall be twenty-four (24) feet.
3) Except as provided in subsection
9.5-404.A.6. above, the identification
sign may be illuminated with a steady
light but shall not be animated.
4) Identification signs shall set back a
minimum of fifteen (15) feet from any
street right of way or easement, and ten
(10) feet from any other property line.
In no case shall an identification sign
be permitted between a collector or arte-
rial street and a frontage road. The
maximum height of any identification
sign above ground level shall be twenty-
four (24) feet.
b. Directory Signs
Nonresidential subdivisions and multiple-occu-
pancy complexes shall be permitted to place a
directory sign on the same structure as the
project identification sign subject to the
following limitations:
1) A directory sign shall have a maximum
area not to exceed four (4) square feet
per business.
2) A directory sign must be of the same
background and lettering and color
scheme.
3) Theaters may advertise on permitted iden-
tification signs provided the theater's
copy area does not exceed 25% of the
total sign area.
18
4) The maximum size of sign area for all
directory and ground identification
signs shall not exceed the size and
height limitations as written in Section
9.5-404 C.2.a. and this subsection.
c. Individual Occupants Within a Multiple-Occu-
pancy Complex:
Individual offices, institutions, businesses
or industrial establishments located within a
multiple-occupancy complex shall not be per-
mitted individual, ground-mounted, identifica-
tions signs, but may display wall-mounted,
marquee, or under-canopy identification signs
on the principle building in which the occu-
pant is located, as follows:
1) On each side of such principal building
on which part of the exterior wall is
included in the occupant's individually
leased or owned premises (not including
a common or jointly owned area), such
occupant may display signs as follows:
If such side of the principal building
includes the primary entrance/exit to
such occupant's premises, the occupant
may display in the leased or owned area
as many as two (2) such signs. Only one
building side will be considered as in-
cluding any occupant's primary en-
trance/exit. If the occupant has an
entrance/exit on a corner, or on more
than one side, the occupant may choose
which building side shall count as hav-
ing the primary entrance/exit.
2) On any other such building side, an occu-
pant may display within the leased or
owned area one (1) such sign not exceed-
ing twenty-four (24) feet in sign area.
3) Marquee Signs
Marquee signs are permitted only on mar-
quees or canopies otherwise lawfully
permitted or in existence. Marquee
signs shall not extend horizontally be-
yond the edges of the canopy or marquee
to which they are attached or from which
they are suspended.
4) Under Canopy Signs
Signs attached to the underside of a
canopy shall have a copy area no greater
than two (2) square feet, with a maximum
letter height of six (6) inches, subject
to a minimum clearance height of eight
(8) feet from the sidewalk, and shall be
mounted as nearly as possible at a right
angle to the building face, and must be
rigidly attached.
5) General
No sign permitted by this subsection
shall contain any advertising message
concerning any business, goods, prod-
ucts, services, or facilities which are
not manufactured, produced, sold, provid-
ed or located on the premises upon which
the sign is erected or maintained.
3. Individual Office, Institution, Business or Indus-
trial Establishment Sign(s)
The following regulations shall apply for any of-
fice, institution, business or industrial estab-
lishment which is not located within a multiple
occupancy complex.
a. Every individual office, business or industri-
al establishment shall be allowed one (1)
ground-mounted sign.
1) If fifty (50) feet or less frontage on a
public right-of-way, the maximum sign
area shall be thirty-two (32) square
19
feet and shall be located no closer than
five (5) feet to any side property line.
2) Over fifty (50) feet and up to one hun-
dred (100) feet of frontage on a public
right-of-way, the maximum permitted sign
area shall be sixty four (64) square
feet, provided that no ground-mounted
sign shall be closer than five (5) feet
to any side property line.
3) Over one hundred (100) feet and up to
three hundred (300) feet of frontage on
a public right-of-way, the maximum per-
mitted sign area shall be seventy-two
(72) square feet and shall be set back
from any side property line a distance
equal to ten (10) percent of the lot
frontage or ten (10) feet whichever is
greater.
4) Over three hundred (300) feet of front-
age on a public right-of-way shall be
permitted up to ninety-six (96) square
feet of sign area, and shall set back
from any side property line a distance
equal to ten (10) percent of the lot
frontage or fifty (50) feet whichever is
greater.
5) Establishments having frontage on more
than one public right-of-way may be al-
lowed one (1) additional ground-mounted
sign on the secondary frontage of not
more than twenty-four (24) square feet
in area.
6) On corner lots, the occupant may be al-
lowed one (1) single ground-mounted sign
rather than two (2) separate ground-
mounted signs (one per street frontage)
provided the total sign area of the
ground-mounted sign does not exceed one
and one half times the maximum size per-
mitted on anyone (1) street frontage.
b. Maximum height of a ground-mounted identifica
tion sign shall be twenty (20) feet or to the
top of the roof line, whichever is less.
c. Identification signs may be illuminated but
shall not be animated.
d. Wall-mounted, mar uee, cano
Wall-mounted, marquee and or canopy signs may
be displayed provided the total sign area of
such signs plus any permitted ground-mounted
identification sign does not exceed the total
permitted sign area for the property based
upon the calculations set forth in Section
C.1.
4. Hospitals or Other Emergency Medical Facilities
Hospitals or other emergency medical facilities
shall be allowed the same size identification sign
as permitted for individual establishments not
located within a multiple-occupancy complex. In
addition, one additional illuminated ground or
wall sign not to exceed sixteen (16) square feet
to identify each emergency entrance shall be per-
mitted.
SECTION 6 - CODE SECTION 9.5-405 - REGULATIONS FOR BENCH
SIGNS.
A. BENCH SIGNS
Bench signs shall be permitted, upon approval of the
County Engineer and the Building Official, at any desig-
nated bus stop subject to the following limitations:
1. Benches in residential areas shall not have signs,
except a bench donor sign containing the donor's
logo or sYmbol, not exceeding 2" X 8" in size.
2. Bench slats may be any color except garish colors
such as, but not limited to, the "Day-Glo" type
paints. All colors to be approved by the Building
20
Division. No other surface may be attached to any
part of the bench.
SECTION 7 - CODE SECTION 9.5-406 - REGULATIONS PERTAINING
TO MEASUREMENT, CONSTRUCTION, AND MAINTENANCE OF ALL
SIGNS.
A. MEASUREMENT OF SIGN AREA
1. The sign area shall be measured form the outside
edges of the sign or the sign frame, whichever is
greater, excluding the area of the supporting
structures provided that the supporting structures
are not used for advertising purposes and are of
an area equal to or less than the permitted sign
area. In the case of painted wall signs without
border or frame, the surface area shall include
such reasonable and proportionate space as would
be required if a border or frame were used.
2. When a single sign structure is used to support
two (2) or more signs, or unconnected elements of
a single sign, the surface area shall comprise the
square footage within the perimeter of a regular
geometric form enclosing the outer edges of all
the separate signs or sign elements.
3. Where signs are installed back-to-back, both faces
shall be counted as sign area.
4. Roof signs may be placed with the top of the sign
no higher than the roof or mansard mid-point and
the bottom of the sign no more than six (6) inches
from the lowest point on the roof.
B. MEASUREMENT OF SIGN HEIGHT
1. The height of a sign shall be considered to be the
vertical distance measured from the adjacent
street grade or upper surface of the nearest
street curb, whichever is higher.
2. On elevated streets such as interchange overpass-
es, height shall be measured from the street grade
of the adjacent street providing access to the
property.
C. LOCATION OF SIGNS
1. Visibility Triangle: No sign shall be erected
which would impair visibility at a street intersec-
tion or driveway entrance. Within the area formed
by the right-of-way lines of intersecting streets
or streets and driveways, and a straight line con-
necting points on such rights-of-way lines at a
distance of twenty-five (25) feet from their point
of intersection, said connecting lines extending
beyond the points to the curved lines, there shall
be a cleared space with no obstructions between
the height of three (3) feet and the height of ten
(10) feet above the average grade of each street
as measured at the center line thereof.
2. Clearance from high voltage power lines:
Signs shall be located in such a way that they
maintain a clearance of ten (10) feet to all over-
head electrical conductors and a three (3) foot
clearance on all secondary voltage service drops.
D. CONSTRUCTION OF SIGNS
1. Compliance with Standard Building Code:
All signs shall comply with the appropriate de-
tailed provisions of the Southern Standard Build-
ing Code, relating to design, structural members
and connections. Illuminated signs shall also
comply with provisions of the National Electric
Code and all electrical work shall be Underwriters
Laboratory Approved or be certified by an electri-
cian or master sign contractor licensed by the
county. Signs shall also comply with the addition-
al standards hereinafter set forth.
2. Licensed Contractor
No sign shall be erected (other than a painted
wall sign) except by a Master Sign Contractor if
the sign:
a. exceeds thirty-two (32) square feet in area;
or
b. exceeds ten (10) feet in height; or
21
c. requires artificial illumination from
other than a previously approved source.
3. Structural Design: All signs that contain more
than (40) square feet in area or are erected over
twenty (20) feet in height shall be designed by an
engineer registered in the State of Florida.
Structural drawings shall be prepared by the engi-
neer and submitted prior to a permit being is-
sued. Wind load calculations shall be contained
in the engineering drawings. The Building Offi-
cial may set wind load requirements greater than
the Standard Building Code, if he deems it neces-
sary to protect the health, safety and welfare of
the public or property owners surrounding the
sign. The Building Official may request wind load
calculations for signs of less than forty (40)
square feet in area prior to issuing a permit.
4. Ground Signs - Materials: All ground sign struc-
tures or poles shall be self-supporting struc-
tures erected on and permanently attached to con-
crete foundations. Such structures or poles shall
be fabricated only from galvanized steel or of an
equivalent corrosive resistant material.
All wood permitted to be used, whether for new
permanent signs, for replacement of existing perma-
nent signs, or for any part thereof, shall be rot
and termite resistant, through open-cell preserva-
tion methods as specified by the American Wood
Preservation Association, or by any other open-
cell preservation treatment approved by the
Monroe County Planning Department.
5. Electric Signs: All electric signs shall be certi
fied by a master sign contractor or electrical
contractor that the sign meets the standards estab-
lished by the National Electrical Code, current
edition. All electric signs shall be erected and
installed by a licensed master sign contractor.
The electrical connection to a power source shall
be performed by a licensed electrical contractor
or master sign contractor.
Artificial light used to illuminate any sign from
outside the boundaries of said sign shall be
screened in a manner which prevents the light
source from being visible from any right-of-way
or adjacent property.
6. Supports and Braces: Metal supports or braces
shall be adequate for wind loadings. Wire or ca-
ble supports shall have a safety factor of four
times the required strength. All metal, wire ca-
ble supports and braces and all bolts used to at-
tach sign to a bracket or brackets and signs to
the supporting building or structure shall be of
galvanized steel or of an equivalent corrosive
resistant material. All such sign supports shall
be an integral part of the sign.
7. Sign Anchoring: No sign shall be suspended by
chains or other devices that will allow the sign
to swing due to wind action. Signs shall be an-
chored to prevent any lateral movement that would
cause wear on supporting members or connections.
8. Double-faced signs with opposing faces having an
interior angle greater than fifteen (15) degrees
shall not be permitted.
9. Landscaping: Approved landscaping shall be func-
tional and decorative. It should be designed for
minimal maintenance and capable of withstanding
vandalism. It may be of many materials, including
flowers, shrubs, trees, rock-work, brick-work or
other constructional elements in an attractive
combination and appropriate to the specific loca-
tion. The support structure of the sign may, if
properly designed, be included as part of the land-
scaping.
22
The least dimension of the landscaped area shall
be the greatest dimension of the sign, and the
sign shall not extend beyond the landscaped area.
The area enclosed by curbing shall be landscaped
with shrubs and ground cover. Other standards and
requirements from the Monroe County Landscape Stan-
dards and Site Design Handbook may be applied at
the discretion of the County.
SIGN IDENTIFICATION AND MARKING:
1. Unless specifically exempted from permit require-
ments of this ordinance, no sign shall hereafter
be erected, displayed, rebuilt, repaired, painted
or otherwise maintained until and unless the Coun-
ty Sign Permit number is painted or otherwise af-
fixed to the sign or sign structure in such a man-
ner as to be plainly visible from the street or
roadway.
In addition to 1. above, all off-site signs hereaf-
ter erected or remodeled shall bear, in a perma-
nent position on a supporting element nearest the
road, a clearly legible identification plate stat-
ing the name of the owner of the sign and his
phone number.
MAINTENANCE
1. All signs for which a permit is required by this
ordinance, including their supports, braces, guys
and anchors, shall be maintained so as to present
a neat, clean appearance. Painted areas and sign
surfaces shall be kept in good condition, and illu-
mination, if provided, shall be maintained in safe
and good working order.
Weeds and grass shall be kept cut in front of, be-
hind, underneath, and around the base of the
ground signs for a distance of ten (10) feet, and
no rubbish or debris that would constitute a fire
or health hazard shall be permitted under or near
such signs.
Signs deemed not in conformance with this Section
by the Code Enforcement Division shall have their
permits revoked. Failure to conform or remove
such signs within 60 days after the permit is re-
voked shall be punished as provided by general or
special law.
- CODE SECTION 9.5-407 - ADMINISTRATION AND PROCE-
E.
F.
3.
2.
2.
SECTION 8
DURES
A. APPLICATION OF THIS ORDINANCE
No sign or sign structure shall hereafter be erected,
constructed reconstructed, altered or relocated except
in conformity with the provisions of this sign ordi-
nance.
1. No person shall erect on any premises owned or
controlled by him any sign which does not comply
with the provision of this ordinance.
2. No person shall maintain or permit to be main-
tained on any premises owned or controlled by him
any sign which is in a dangerous or defective con-
dition. Any such sign shall be removed or re-
paired by the owner of the sign or the owner of
the premises, or as otherwise provided for in this
ordinance.
B. ADMINISTRATION
1. Administrator
The Monroe County Planning Director is hereby
authorized and directed to administer and enforce
the regulations and procedures set forth in this
ordinance. The Planning Director is further empow-
ered to delegate the duties and powers granted to
and imposed upon him under this ordinance.
2. Authority
a. Issuance/Denial of Permit:
1) It shall be the duty of the Planning
Director, upon receipt of a completed
application for a sign permit, to exam-
ine such plans and specifications and
23
.,'l
other data and, if the proposed struc-
ture is in compliance with the require-
ments of this and all other applicable
provisions of this ordinance, to direct
the Building Official to issue to the
applicant a written permit evidencing
the applicant's compliance therewith.
Issuance of the permit shall in no way
prevent the Planning Director from later
declaring said sign to be illegal if
upon further review of the information
submitted with the application, or of
newly acquired information, the sign is
found not to comply with the require-
ments of this ordinance.
No sign permit or Certificate of Compli-
ance shall be issued by the Planning
Director except in compliance with this
ordinance and any other applicable ordi-
nances and laws.
b. Revocation:
The Planning Director may revoke a sign per-
mit or Certificate of Compliance in those
cases where an administrative determination
has been duly made that false statements or
misrepresentations existed as to material
fact(s) in the application or plans upon
which the permit of approval was based.
c. Suspension:
The Planning Director may suspend a sign
permit or Certificate of Compliance where an
administrative determination has been duly
made that an error or omission on either the
part of the permit applicant or government
agency existed in the issuance of the permit
or Certificate. A new sign permit of Certifi-
cate of Compliance shall be issued in place
of the incorrect permit or certificate after
correction of the error or omission.
d. Cease and Desist Orders
The Planning Director or his authorized repre-
sentatives shall have the authority to issue
cease and desist orders in the form of writ-
ten official notices given to any person.
e. Complaints:
1) Complaints on any violations of this
Ordinance shall be filed with the Plan-
ning Director.
2) Upon inspection, where it is found that
any sign or sign structure is in viola-
tion of this Ordinance, the Planning
Director shall take the appropriate ac-
tion as set forth in Section 9.5-410 of
this ordinance.
C. VARIANCES AND APPEALS
1. Applicability:
Any person aggrieved by the effect this ordinance
has on signs shall have the right to petition the
Planning Commission for relief therefrom in accor-
dance with procedures set forth for variances from
this ordinance.
2. Jurisdiction and Power:
The Planning Commission shall have the power and
duty to:
a. Hear and decide appeals by the sign permit
applicant from an administrative decision by
the Planning Director denying, failing to
grant a sign permit within thirty (30) days
of application, or on revoking a permit for
failure to abide by the terms of these regula-
tions.
b. Grant variances from the requirement of this
ordinance as part of the disposition of an
24
appeal from action of the Planning Director
denying or failing to grant a sign permit.
c. Hear and decide appeals of a determination by
the Planning Director that a sign must be
removed for nonconformance with this ordi-
nance; and to give advice to the Planning
Director when asked.
d. An appeal from an administrative decision
under this section shall stay the effective-
ness of such decision unless the Planning
Director certifies in writing that there is
an immediate threat to the public's health,
safety and welfare and states the reason
therefor.
3. Criteria for Board Decisions
In appeals from decisions of the Planning Director
denying or refusing to grant a sign permit in con-
nection with which the appealing party or any oth-
er interested party has filed a Petition for Vari-
ance, the Planning Commission shall have the pow-
er and duty to hear, decide or grant or deny the
requested variance from the provisions or require-
ments of this ordinance. The Planning Commission
may grant a variance from the provisions or re-
quirements of this ordinance only where:
a. The literal interpretation and strict applica-
tion of the provisions and requirements of
this ordinance would cause undue and unneces-
sary hardship to the sign owner because of
unique or unusual conditions pertaining to
the specific building or parcel or property
in question,
b. The granting of the requested variance would
not be materially detrimental to the property
owners in the vicinity.
c. The unusual conditions applying to the specif-
ic property do not apply generally to other
properties in the County.
d. The granting of the variance will not be con-
trary to the general objective of this ordi-
nance of moderating the size, number, and
obtrusive placement of signs and the reduc-
tion of clutter.
e. The variance is not requested on the basis of
economic hardship of the sign user.
D. PROCEDURES
1. Permit Application
a. When Required:
(1) Except as otherwise provided for in this
ordinance, it shall be unlawful for any per-
son to erect, construct, replace, enlarge,
move or convert any sign in Monroe County, or
cause the same to be done without first ob-
taining a sign permit for each sign from the
Building Official.
(2) Any sign which has been removed from its sup-
ports for the purpose of reconditioning shall
obtain a reconditioning permit prior to in-
stallation.
(3) When a sign permit has been issued, it
shall be unlawful to change, modify, alter,
or otherwise deviate from the terms or condi-
tions of said permit without prior approval
of the Planning Director. A written record
of such approval shall be entered upon the
original permit application and maintained in
the files of the Planning Director. All
such approvals shall be consistent with the
terms of this ordinance.
2. Sign Location Permit
In order to obtain a permit to erect, alter or
relocate any sign under the provisions of this
ordinance, an applicant therefore shall submit to
the Planning Director a sign location permit appli-
cation which shall include:
25
a. Completed Application Form: containing,
but not limited to:
1) Name, address and telephone number of
the applicant.
2) The name, address and telephone number
of the person or entity constructing the
sign as well as the name, address and
telephone number of the owner of the
sign.
3) Off-site signs only: Name, address,
telephone number and signature of the
owner of the premises granting permis-
sion for the construction, operation,
maintenance or displaying of sign or
sign structure, including:
a) A copy of the executed lease permit-
ting the sign to be erected on the
subject parcel.
b) A signed statement from the proper-
ty owner of the subject property
granting permission for the erec-
tion of the sign and recognizing
that a lien may be filed against
the subject property if the sign is
required to be removed for viola-
tion of this ordinance.
4) Information as to the type of sign to be
erected: e.g., ground-mounted, project-
ing, wall sign, illuminated or non-illu-
minated, temporary or permanent.
5) The approximate value of the sign to be
installed, including the installation
cost.
b. Site Location Plan:
1) Location by street number and legal de-
scription (tract, block, lot) of the
building, structure or lot to which or
upon which the sign is to be installed
or affixed.
2) A fully dimensioned plot plan, to scale,
indicating the location of the sign rela-
tive to property lines, rights-of-way,
streets, easements, sidewalks and other
buildings or structures on the premises,
as well as the location, size and type
of any other existing signs when such
signs are on the same premises.
c. Bond or Other Security for Certain Type
Signs:
The Board of County Commissioners shall adopt
a bond or other security schedule for certain
type signs requiring same as specified in
this ordinance. Such signs include, but are
not limited~to:
1) Certain Temporary Signs - Announcement
Signs, Construction Signs and Develop-
ment Signs. If the signs are not removed
within the specified time period, the
signs will be removed by the county and
the bond will be forfeited.
d. Application Fee:
Applications for a permit shall be accompa-
nied by a fee in the amount to be established
by the Board of County Commissioners by reso-
lution in a "schedule of fees."
e. Other:
Such other information as the Planning Direc-
tor may require which is necessary to secure
full compliance with this ordinance, the Stan-
dard Building Code, and any other applicable
ordinance.
3. Sign Construction Permit
The following requirements shall apply for any
sign requiring a construction permit as specified
in Section 9.5-403.C.3.
26
a. All information required for site location
permits.
b. Construction Plans showing:
1) A drawing to scale showing the design of
the sign, including dimensions, sign
size, method of attachment, source of
illumination and showing the relation-
ship to any building or structure to
which it is or is proposed to be in-
stalled or affixed, or to which it re-
lates.
2) Plans indicating the scope and structur-
al detail of the work to be done, includ-
ing details of all connections, guy
lines, supports and footings, and materi-
als to be used.
3) Copy of stress sheets and calculations
indicating that the sign is properly
designed for dead load and wind pressure
in any direction, if required by the
Planning Director.
4) Listing of all materials to be utilized
in the construction of the sign or in
the alternative, a statement that all
materials are in compliance with the
Southern Standard Building Code.
c. Additional Requirements:
In addition to the submittal documents re-
quired in subsection a and b above, the fol-
lowing documents shall be required as applica-
ble:
1) Application, and required information
for such application, for an electric
permit for all electric signs if the
sign is to be illuminated.
NOTE: All electrical work must be U.L.
approved or certified by a licensed elec-
trician.
2) Certification by a Registered Engi
neer: The following signs shall be
designed, signed, and certified by a
Florida registered engineer, who shall
submit sufficient data to enable the
Building Official to determine whether
the sign complies with this ordinance.
a) Off-site signs or ground signs over
forty (40) square feet in area, or
over twenty (20) feet in height.
b) All signs with unusual structural
features.
3) Sign Contractor's License: Certain
types of signs are required to be in-
stalled or erected only by a licensed
contractor.No person shall perform any
work or service in connection with the
erection, construction, enlargement,
alteration, repair, moving, improvement,
maintenance, conversion or manufacture
of any such sign in the county unless
such person shall first have obtained a
master sign contractor's license from
and paid the license fees provided by
the county, or shall be represented by a
duly licensed agent or sub-contractor.
All persons engaged in the business of
installing or maintaining signs involv-
ing, in whole or part, the erection,
alteration, relocation, maintenance of a
sign or other sign work in or over or
immediately adjacent to a public right
of way or public property so that a por-
tion of the public right of way or pub-
lic property is used or encroached upon
by the sign installer, shall agree to
hold harmless and indemnify the county,
27
its officers, agents, and employees,
from any and all claims of negligence
resulting from the erection, alteration,
relocation or maintenance of a sign or
other sign work insofar as this ordi-
nance has not specifically directed the
placement of a sign.
4. Expiration of Sign Permit:
The sign permits shall expire and become null and
void six (6) months from the date of issuance.
5. Inspections:
All signs for which a permit is required by this
ordinance are subject to inspection by the Plan-
ning Director, or his designee.
Failure to obtain a final satisfactory inspection
within the permit period or any renewal shall ren-
der the permit invalid and the applicant shall be
required to reapply for a permit or remove the
sign or sign structure. The Board of County Com-
missioners shall, by resolution, determine an in-
spection fee as required by this section.
6. Identification Number:
All signs and/or sign structures required to have
a permit shall display the permit number on the
sign or sign structure in a manner clearly visible
from the street right of way.
The absence of the permit number shall be prima
facia evidence that the sign or advertising struc-
ture is being operated in violation of this ordi-
nance.
SECTION 9 - CODE SECTION 9.5-408 - NONCONFORMING SIGNS.
Signs established prior to the enactment of this ordinance
that do not conform to the regulations contained in this
ordinance or the Land Development Regulations shall be sub-
ject to and regulated according to Article V of the Land
Development Regulations.
SECTION 10 - CODE SECTION 9.5-409 - UNLAWFUL OR DANGEROUS
SIGNS
All signs and/or sign structures which are or have been
erected or maintained unlawfully, shall be considered ille-
gal and subject to the following removal procedures:
A. Promotional signs, sidewalk or sandwich signs, snipe
signs and special event signs:
1. The Board of County Commissioners finds that, in
view of the inexpensive nature of these signs and
the administrative burden which would be imposed
by elaborate procedural prerequisites prior to
removal, any procedure other than summary removal
of these signs when unlawfully erected and main-
tained would defeat the purpose of regulating such
signs. Therefore, the Code Enforcement Division
is hereby authorized summarily to remove such
signs when unlawfully erected and maintained, sub-
ject to the provisions contained in subsection (B).
2. After summary removal of a sign pursuant to this
section, the Code Enforcement Division shall noti-
fy, either in person or by first-class postage,
prepaid, the occupant of the property from which
the sign was removed, and if the sign identified a
party other than the occupant of the property, the
party so identified. The notice shall advise that
the sign has been removed and shall state that the
sign may be retrieved within 30 days of the date
of the notice, and that, if the sign is not re-
trieved within thirty (30) days it will be dis-
posed of by the County. If the sign is removed
from public property, the party, if any, identi-
fied on the sign shall be notified; if no party is
identified on the sign, then no notice prior to
disposition is required. The county shall dispose
of all unclaimed signs after the expiration of the
thirty (30) day period.
28
3. A person, owning, leasing or using the property
from which a sign is removed, who replaces any
sign removed by the Building Official according to
this section, shall be subject to the full force
and penalties of Section 9.5-410, including but
not limited to a fine of at least $35.00, a day,
so long as the illegal sign is in place.
B. OTHER UNLAWFUL SIGNS:
Signs which are or have been erected or maintained un-
lawfully but do not fall under the provisions set forth
in subsection 1 above, shall be subject to the follow-
ing procedures:
1. The Code Enforcement Division shall prepare a no-
tice which shall describe the sign and specify the
violation involved and which shall state that if
the sign is not removed or the violation is not
corrected within thirty (30) days, the sign shall
be removed in accordance with the provisions of
this section.
2. All notices mailed by the Code Enforcement Divi-
sion shall be sent by "certified mail, return re-
ceipt requested." Any time periods provided in
the section shall be deemed to commence on the
date of the receipt of the certified mail.
3. The notice shall be mailed to the owner of the
property on which the sign is located as shown on
the last equalized assessment roll. If known, or
with reasonable care should be known, the notice
shall be mailed to or delivered to the owner of
the sign and the occupant of the property.
4. Failing determination of the sign owner, user or
owner of the property on which the sign is locat-
ed, the notice may be affixed in a conspicuous
place to the sign or to the business premises with
which the sign is associated. The Planning Direc-
tor shall require new sign permits to be issued
for each existing sign classified as a "legal non-
conforming sign." A photograph of each sign so
classified shall be attached to the county's copy
of the permit application.
5. Any person having an interest in the sign or the
property may appeal the determination of the Code
Enforcement Official ordering removal or compli-
ance by filing a written notice of appeal with the
county within fifteen (15) days after the date of
receiving said notice.
6. Sign Removal
Upon completion of the above notification proce-
dures and after expiration of the fifteen (15) day
appeal period, if no appeal has been filed, the
Code Enforcement Div~ion shall have the authority
to remove, or contract with a contractor to re-
move, the unlawful sign. All costs associated
with the removal of the unlawful sign shall be
assessed against the property owner. Each such
assessment shall be a lien against the property
until paid, in accordance with Section 9.5-409.D.
of this Ordinance.
C. EMERGENCY PROVISION:
When it is determined by the Code Enforcement Division
that a sign would cause an imminent danger to the pub-
lic safety, and contact cannot be made with a sign own-
er or building owner, no written notice shall have to
be served. In this emergency situation, the County
Administrator may correct the danger, all costs being
assessed against the property owner.
D. MONROE COUNTY ASSESSMENT OF SIGN REMOVAL COSTS:
1. As soon after the offending condition is corrected
or removed and the expense thereof can be finally
determined the County Administrator shall render a
statement to the property owner(s) and/or
permittee and/or person having possession or right
to use by certified United States Mail return re-
ceipt requested, addressed to the last known ad-
29
dress of any of the above informing said person or
entities of the sums due the County.
2. If said sums are not paid within forty-five (45)
days, the Board of County Commissioners shall, by
Resolution, levy a special assessment lien in the
amount of all sums due the County, plus interest
on the amount at a rate of twelve percent (12%)
per annum, plus all expenses which may be incurred
incident to the enforcement of such lien, includ-
ing any court cost or attorney's fee until final
payment of all sums has been made.
3. Liens shall be recorded in the Official Records of
Monroe County and shall remain in full force and
effect until finally paid. The Board of County
Commissioners shall furnish releases of the sub-
ject lien upon proper satisfaction having been
made. The lien may be enforced in the manner pro-
vided by the general law of the State of Florida
for the Enforcement of liens or the foreclosure of
mortgages.
SECTION 11 - CODE SECTION 9.5-410 - PENALTIES
A. For any and every violation of the provisions of this
ordinance, and for each and every day that such viola-
tion continues, said violation(s) shall be punishable
as provided by State law, or County ordinance, whichev-
er shall prevail.
B. In addition to the criminal penalties and enforcement
procedures provided above, the violation of any of the
regulations, restrictions and limitations promulgated
under the provisions of this ordinance may be restrict-
ed by injunction, including a mandatory injunction, and
otherwise abated in any manner provided by law, and
each suit or action may be instituted and maintained by
the Board, by any citizen of Monroe county or by any
person affected by the violation of such regulations,
restrictions or limitations.
C. Persons charged with violations of this ordinance may
include:
1. The owner, agent, lessee, tenant, contractor, or
any other person using the land, building, or prem-
ises where such violation has been committed or
shall exist.
2. Any person who knowingly commits, takes part or as-
sists in such violation.
3. Any person who maintains any sign or sign struc-
ture in violation of this ordinance.
SECTION 12 - CODE SECTION 9.5-411 - SUPREMACY
The provisions and construction of this land development
regulation shall supersede and take precedence over any and
all direct or indirect reference in any other ordinances or
regulations relating to conformance, size, shape, placement,
or control in any manner of signage in Monroe County, with
the exception of the establishment of fee schedules.Where
conflict exists or may exist in the future between this ordi-
nance and provisions of state statutes, the more restrictive
shall prevail, unless the statute is preemptive of local
regulation.
SECTION 13 - CODE SECTION 9.5-412 - DELEGATION OF AUTHORITY
The Planning Director may designate a sign inspector or oth-
er employee to review permit application data, to inspect
signs periodically for conformance to these regulations and
coordinate these regulations with other governmental agen-
cies where joint jurisdiction or coordination is required.
SECTION 14 - CODE SECTION 9.5-413 - SEVERABILITY
The provisions of this ordinance are severable and it is the
intention to confer the whole or part of the powers herein
provided for. If any of the provisions of this ordinance
shall be held unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or
impair any remaining provisions of this ordinance. It is
hereby declared to be the legislative intent that this ordi-
nance would have been adopted had such unconstitutional pro-
vision not been included therein.
SECTION 15 - CODE SECTION 9.5-414 - VALIDITY
30
It is not intended by this ordinance to repeal, abrogate,
annul or in any way impair or interfere with existing provi-
sions of other laws or ordinances, except those specifically
repealed by this ordinance, or with private restrictions
placed upon property by covenant, deed or other private
agreement. Where this ordinance imposes a greater restric-
tion on signs than is imposed or required by such existing
provisions of the law, ordinance, contract or deed, the pro-
visions of this ordinance shall control unless otherwise
preempted by general or special law.
SECTION 16 - CODE SECTION 9.5-415 - CONFLICT
In the event that any provision of this ordinance is found
to be contrary to any other existing Monroe County ordi-
nance, code, rule or regulation covering the same subject
matter, this ordinance shall control unless otherwise pre-
empted by general or special law.
SECTION 17 EFFECTIVE DATE
This ordinance shall be filed with the Secretary but shall
not take effect until approved by the State Land Planning
Agency pursuant to Florida Statute 380.0552 (9). Upon the
passage of this ordinance the clerk shall forward a certi-
fied copy hereof to the state Land Planning Agency.
DONE AND ADOPTED this
1st
day of December , 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
DANNY 1. KOLHAGE, Clerk
d-~I ~
MAYOR
BY:
BY: .st..~ ~ ~), ~ C~
CLERK O~ THE C6URT~ ~
I"
APPROVED AS TO FORM BY:
V '2./ I
~---LL(i~ \t:' vLr-=t~
COUNTY ATTORNEY .
I
V
31
. -.
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, December 1, 1987 at 3:00 P.M. at the Plantation Key
Government Center, Plantation Key, Monroe County, Florida, the
Board of County Commissioners of Monroe County, Florida, intends
to consider the adoption of the following County Ordinance:
ORDINANCE NO.
-1987
AN ORDINANCE REPEALING DIVISION THIRTEEN,
CHAPTER NINE, MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, AND CREATING A NEW DIVISION
THIRTEEN FOR REGULATING SIGNAGE; PROVIDING
FOR DEFINITIONS; PROVIDING FOR CERTAIN
SIGNAGE EXCEPTIONS FROM THESE LAND DEVELOP-
MENT REGULATIONS; PROVIDING FOR THE PROHIBI-
TION OF CERTAIN SIGN TYPES; PROVIDING FOR
CERTAIN TYPES OF SIGNS WHICH REQUIRE A SITE
LOCATION PERMIT ONLY; PROVIDING FOR CERTAIN
TYPES OF SIGNS WHICH REQUIRE A SIGN CON-
STRUCTION PERMIT; PROVIDING FOR THE REGU-
LATION OF CERTAIN TYPES OF TEMPORARY SIGNS;
PROVIDING FOR CERTAIN TYPES OF PERMANENT
SIGNS IN RESIDENTIAL DISTRICTS; PROVIDING FOR
CERTAIN TYPES OF PERMANENT SIGNS IN COMMER-
CIAL AREAS; PROVIDING FOR DIRECTORY AND
IDENTIFICATION SIGNS FOR NONRESIDENTIAL
SUBDIVISIONS AND MULTIPLE OCCUPANCY COMPLEX-
ES; PROVIDING FOR INDIVIDUAL OFFICE INSTITU-
TIONAL, BUSINESS OR INDUSTRIAL ESTABLISHMENT
SIGNS; PROVIDING FOR HOSPITAL AND EMERGENCY
FACILITY SIGNS; PROVIDING FOR BENCH SIGNS;
PROVIDING FOR STANDARDS CONCERNING MEASURE-
MENT, CONSTRUCTION AND MAINTENANCE OF ALL
SIGNS ENUMERATED IN THIS LAND DEVELOPMENT
REGULATION; PROVIDING THAT THESE REGULATIONS
SHALL APPLY TO ALL SIGNS ERECTED AFTER THE
EFFECTIVE DATE OF SUCH REGULATIONS AND
FURTHER REQUIRING THAT NO EXISTING SIGN SHALL
BE KEPT IN AN UNSAFE OR DANGEROUS CONDITION;
PROVIDING FOR THE ADMINISTRATION OF THESE
REGULATIONS INCLUDING THE REVOCATION AND
SUSPENSION OF ALL SIGN PERMITS FOR CAUSE;
PROVIDING FOR APPEALS TO THE PLANNING COMMIS-
SION FROM ADMINISTRATIVE DECISIONS ENFORCING
THESE REGULATIONS; PROVIDING FOR VARIANCES
FROM THE LITERAL APPLICATION OF THESE LAND
DEVELOPMENT REGULATIONS WHEN CERTAIN CRITERIA
ARE MET; PROVIDING FOR PERMIT APPLICATION
PROCEDURES, INCLUDING A REQUIREMENT FOR
BONDING FOR CERTAIN TYPES OF TEMPORARY SIGNS;
PROVIDING THAT CERTAIN TYPES OF SIGNS SHALL
ONLY BE CONSTRUCTED BY A LICENSED CONTRACTOR;
PROVIDING FOR THE DESIGNATION AND REGULATION
OF VARIOUS TYPES OF NONCONFORMING SIGNS
INCLUDING THE PROVISION FOR THE AMORTIZATION
AND THE GRADUAL ELIMINATION OF CERTAIN
CATEGORIES THEREOF; PROVIDING FOR THE SUMMARY
REMOVAL OF CERTAIN INEXPENSIVE OR DANGEROUS
UNLAWFUL SIGNS AND NOTICE TO THE OWNERS
THEREOF; PROVIDING FOR THE REMOVAL OF CERTAIN
OTHER TYPES OF UNLAWFUL SIGNS INCLUDING THE
PROVISION OF NOTICE TO THE OWNERS THEREOF;
PROVIDING FOR THE EMERGENCY REMOVAL OF SIGNS
WHICH POSE AN IMMINENT THREAT TO PUBLIC
SAFETY; PROVIDING FOR THE ASSESSMENT OF COSTS
IF AN OFFENDING SIGN IS REMOVED AT COUNTY
EXPENSE; PROVIDING FOR SUPREMACY; PROVIDING
THAT THE PLANNING DIRECTOR MAY DESIGNATE AN
EMPLOYEE TO PERFORM THE DIRECTOR'S DUTIES
HEREUNDER; PROVIDING FOR INTERAGENCY COOR-
DINATION; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR THE REPEAL OF ORDINANCES AND LAND
DEVELOPMENT REGULATIONS INCONSISTENT HEREWITH
BUT OTHERWISE AFFIRMING THE VALIDITY OF
EXISTING REGULATIONS OR ORDINANCES; AFFIRMING
THAT THE LAND DEVELOPMENT REGULATIONS ARE NOT
INTENDED TO INTERFERE WITH ANY EXISTING
PRIVATE AGREEMENTS; PROVIDING FOR INCORPO-
RATION INTO THE MONROE COUNTY LAND DEVELOP-
MENT REGULATIONS; AND PROVIDING AN EFFECTIVE
DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
DATED at Key West, Florida, this 28th day of October, 1987.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
.
.
PROOF OF PUBLICATION
BOX 1197, TAVERNIER, FL. 3307~
STAT~ OF FLORIDA
COUNTY OF MONROE
Before the undersigned authnri ty personally appeared DAGNY WOLFF
, who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOT ICE
IN THE MATTER OF NOT I CI= OF T NTI=NT T ON TO CONS I DER
in the Court, was published in said
newspaper in the issues of -5 & --9:=1
Affiant further says tha.J..\he sai!~~RtltR is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Florida,
each week (on Thursday), and has been entered as second
class mail matter at the Post Office in Tavernier, in said
County of Monroe, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said newspaper.
Oc;
SEAL
SWORN TO
DAY OF
~---_...
.---"".......
r;t:
MY COMM I SS I ON E XP I RES.l NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. APR. 2,1991
BONDED THHU GENERAL INS. UNO.
..,
""" ". P""mek SlIread~
I
-` NOTICE OF INTENTION TO
CONSIDER ADOPTION OF COUNTY ORDINANCE -
NOTICE IS HER V TO WHOM IT MAY CONCERN that on 4
Tuesday,December ' 3:00 P.M. at the Plantation Key Government
Center, Plantation Key, Monroe County, Florida,.the-Board of County -�
- Commissioners of Monroe County,Florida,intends to consider the adoption of the
-- following County Ordinance:
ORDINANCE NO. -1987
AN ORDINANCE REPEALING DIVISION THIRTEEN, CHAPTER NINE,
MONROE COUNTY.LAND DEVELOPMENT REGULATIONS, AND'
- CREATING A NEW DIVISION THIRTEEN FOI.REGULATING SIGNAGE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR CERTAIN SIGNAGE
EXCEPTIONS 'FROM THESE LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR'THE PROHIBITION OF CERTAIN SIGN TYPES;
PROVIDING FOR CERTAIN TYPES OF SIGNS WHICH REQUIRE A SITE
LOCATION PERMIT ONLY;PROVIDING FOR CERTAIN TYPES OF SIGNS
. WHICH REQUIRE A SIGN CONSTRUCTION PERMIT; PROVIDING FOR '
THE REGULATION OF'CERTAIN TYPES OF TEMPORARY SIGNS;
PROVIDING FOR CERTAIN TYPES OF PERMANENT SIGNS IN
RESIDENTIAL DISTRICTS; PROVIDING FOR CERTAIN TYPES OF '
PERMANENT SIGNS IN COMMERCIAL AREAS; PROVIDING FOR ,
DIRECTORY AND IDENTIFICATION SIGNS FOR NONRESIDENTIAL
SUBDIVISIONS AND MULTIPLE OCCUPANCY COMPLEXES;PROVIDING
FOR INDIVIDUAL OFFICE INSTITUTIONAL,BUSINESS OR INDUSTRIAL
ESTABLISHMENT SIGNS;PROVIDING FOR HOSPITAL AND EMERGENCY
FACILITY SIGNS; PROVIDING FOR BENCH SIGNS; PROVIDING FOR
STANDARDS CONCERNING MEASUREMENT, 'CONSTRUCTION AND
MAINTENANCE OF ALL SIGNS ENUMERATED IN THIS LAND
DEVELOPMENT REGULATION; PROVIDING THAT THESE
REGULATIONS SHALL APPLY TO ALL SIGNS ERECTED AFTER THE
EFFECTIVE DATE OF SUCH REGULATIONS AND FURTHER REQUIRING
' THAT NO EXISTING SIGN SHALL BE KEPT IN AN UNSAFE OR
DANGEROUS CONDITION;PROVIDING FOR THE ADMINISTRATION OF i
THESE REGULATIONS INCLUDING THE REVOCATION AND
SUSPENSION OF ALL SIGN PERMITS FOR CAUSE; PROVIDING FOR
APPEALS TO THE PLANNING COMMISSION FROM ADMINISTRATIVE
DECISIONS ENFORCING THESE REGULATIONS; PROVIDING FOR 1
VARIANCES.FROM THE LITERAL APPLICATION OF THESE LAND
DEVELOPMENT REGULATIONS WHEN CERTAIN CRITERIA ARE MET;
PROVIDING FOR PERMIT APPLICATION PROCEDURES,_INCLUDING A
REQUIREMENT FOR BONDING FOR CERTAIN TYPES OF TEMPORARY
SIGNS;PROVIDING THAT CERTAIN TYPES OF SIGNS SHALL ONLY BE
CONSTRUCTED BY A LICENSED CONTRACTOR;PROVIDING-FOR THE
DESIGNATION AND- REGULATION OF VARIOUS TYPES OF
.NONCONFORMING SIGNS INCLUDING THE PROVISION FOR THE
AMORTIZATION AND THE GRADUAL ELIMINATION OF CERTAIN
CATEGORIES THEREOF;PROVIDING FOR THE SUMMARY REMOVAL OF
CERTAIN INEXPENSIVE OR DANGEROUS UNLAWFUL SIGNS AND
NOTICE TO THE OWNERS THEREOF;PROVIDING FOR THE REMOVAL
OF CERTAIN OTHER TYPES OF UNLAWFUL SIGNS INCLUDING THE
PROVISION OF NOTICE;TO THE OWNERS THEREOF;PROVIDING FOR
THE EMERGENCY REMOVAL OF SIGNS WHICH POSE AN IMMINENT
THREAT TO PUBLIC SAFETY;PROVIDING FOR THE ASSESSMENT OF
COSTS IF AN OFFENDING SIGN IS REMOVED AT COUNTY EXPENSE;
PROVIDING FOR SUPREMACY; PROVIDING THAT THE PLANNING
DIRECTOR MAY DESIGNATE AN EMPLOYEE TO PERFORM THE
DIRECTOR'S DUTIES HEREUNDER; PROVIDING FOR INTERAGENCY
COORDINATION;PROVIDING FOR SEVERABILITY;PROVIDING FOR THE
REPEAL OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS
• INCONSISTENT HEREWITH BUT OTHERWISE AFFIRMING THE
VALIDITY OF EXISTING REGULATIONS OR ORDINANCES;AFFIRMING
THAT THE LAND DEVELOPMENT REGULATIONS ARE NOT INTENDED
TO INTERFERE WITH ANY EXISTING PRIVATE AGREEMENTS;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS; AND PROVIDING AN EFFECTIVE
DATE. . -
-
— -- - -- - Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person
decided to appeal any decision made by the Board with respect to any matter
considered at such hearings or meetings,he will need a record of the proceedings,-
and that,for such purpose,he may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which
the appeal is to be based.
DATED at Key West,Florida,this 28th day of October,1987.
•
DANNY L.KOLUAGE '
( ork of the Circuit Court
'of Monroe County,Florida
-and ex officio Clerk of the
•
Board of County Commissioners
of Monroe County,Florida
Published:11/5&11/12/87 -
The Reporter
-
• THE KEY WEST CITIZEN
Published Daily
d Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
ss. -
COUNTY OF MONROE)
Before the undersiged authority personally appeared
1 R.E.Harrison , who on oath says that he is
1
Advertising Manger of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the
NOTICE OF INTENTION
attached copy of advertisement, being a TO-CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
L GA.1 RIOTICE Tuesday, December 1, 1987 at 3:00
P.M. at the Plantation Key
Government Center, Plantation
in the, matter of Key, Monroe County, Florida, the
LJf� Q (/� ' Board of County Commissioners of
t 1 ,� D 9_ I �C�Y'� ^ Monroe County, Florida, intends to .
D
V�I (`���J y� consider. the adoption of the
. .
! following County Ordinance:
ORDINANCE NO. -1987
" (,Ql (lam -ems_''— AN ORDINANCE REPEALING
DIVISION THIRTEEN, CHAPTER
NINE, MONROE COUNTY--LAND •
DEVELOPMENT REGULATIONS,
AND CREATING A NEW DIVISION
THIRTEEN FOR REGULATING
SIGNAGE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR
was pub ished in said newspaper in the issues of CERTAIN SIGNAGE EX-
CEPTIONS FROM THESE LAND
\
I l l��uu(� DEVELOPMENT REGULATIONS;
PROVIDING FOR THE
PROHIBITION OF CERTAIN SIGN
TYPES; PROVIDING FOR i
Affiant further says that the said The Key WE CERTAIN TYPES OF SIGNS
a newspaper published at Key West, in said Monroe WHICH REQUIRE A SITE
LOCATION PERMIT ONLY;
and that the said newspaper has heretofore been c PROVIDING FOR CERTAIN •
lished in said Monroe County, Florida, each day ( REQUSIROF ASI SNS WHIC
H
and has been entered as second class mail matter ; ST,RUCTION PERMIT; ,
in Key West, in said Monroe County, Florida, for 2PROVIDING FOR THE
year next preceedingthe firstpublication of th REGULATIONS OF CERTAIN
� TYPES OF TEMPORARY SIGNS;
of advertisement; and affiant further says that hE PROVIDING FOR CERTAIN
norpromised anyperson, firm or corporation anyTYPES OF PERMANENT SIGNS
P IN RESIDENTIAL DISTRICTS;
commission or refund for the purpose of securing PROVIDING FOR CERTAIN
for publication in the said newspaper. TYPES OF PERMANENT sIGN IN COMMERCIAL AREAS;;
PROVIDING FOR DIRECTORY
AND IDENTIFICATION SIGNS
FOR NONRESIDENTIAL SUB-
NOTARY PUBLIC STATE OF FLORIDA1 DIVISIONS AND MULTIPLE
fIY COMMISSION EXP DULY Z1 1991 MPLEXES;
PROVIDING OCCUPANCY
FORO INDIVIDUAL
(SEAL) BONDED THRU GENERAL INS. UND. I OFFICE INSTITUTIONAL,
/ 7
_ BUSINESS OR INDUSTRIAL
SWORN Alp SUBSCRIBED before me this dayOf ESTABLISHMENT SIGNS;
i
!-PROVIDING FOR-HOSPI=fAL-AND
! EMERGENCY FACILITY SIGNS;
l LL COMMISSION [ PROVIDING FOR BENCH SIGNS;
• NOTAR gZI21 i PROVIDING FOR STANDARDS
- CONCERNING MEASUREMENT,
CONSTRUCTION AND MAIN
TENANCE OF ALL SIGNS !
ENUMERATED IN THIS LAND
rPROVIDING THAT. THESE
; REGULATIONS SHALL APPLY TO
ALL SIGNS ERECTED AFTER •
• THE EFFECTIVE DATE OF SUCH
REGULATIONS AND FURTHER
•REQUIRING THAT NO EXISTING
SIGN SHALL BE KEPT IN AN
•UNSAFE OR DANGEROUS
CONDITION; PROVIDING FOR
THE ADMINISTRATION OF
THESE REGULATIONS IN-
CLUDING THE REVOCATION
AND SUSPENSION OF ALL SIGN
PERMITS FOR CAUSE;
PROVIDING FOR APPEALS TO
THE PLANNING COMMISSION _
FROM ADMINISTRATIVE --Pursuant to Section 286.0105,
DECISIONS ENFORCING THESE Florida Statutes,notice is given that
REGULATIONS; PROVIDING if a person decided to appeal any
FOR VARIANCES FROM THE
LITERAL APPLICATION OF decision made by the Board with
THESE LAND DEVELOPMENT respect to any matter considered at'�_ __ _;___ -__
REGULATIONS WHEN CERTAIN ;such .hearings or-meetings, he will
need record
; CRITERIA ARE MET; and that, for such purpose, he may
t PROVIDING FOR PERMIT AP- need to ensure that a verbatim
PLICATION PROCEDURES, IN- 'record of the proceedings is made,'
CLUDING A REQUIREMENT FOR ? 'which record includes the testimony '
BONDING FOR CERTAIN TYPES , and evidence upon which the appeal
OF TEMPORARY SIGNS; ; istobebased.
PROVIDING THAT CERTAIN • DATED at Key West, Florida,thiS'
TYPES OF SIGNS SHAI.L ONLY ' 28th day of October,1987.
BE CONSTRUCTED BY Al - DANNYL.KOLHAGE
-
LICENSED CONTRACTOR; Clerk of the Circuit
PROVIDING FOR THE Court of Monroe County,,
• DESIGNATION AND Florida and ex officio Clerk
REGULATION OF- VARIOUS ! of the Board of County'
TYPES OF NONCONFORMING" Commissioners of
• SIGNS INCLUDING THE Monroe County,Florida •
PROVISION FOR THE AMOR- Nov.4,11,1987
TIZATION AND TH,E GRADUAL __ _ __ _ _ — r____ - - -�
ELIMINATION OF CERTAIN
CATEGORIES THEREOF;
'PROVIDING FOR THE SUMMARY
REMOVAL OF CERTAIN INEX-
PENSIVE OR DANGEROUS
UNLAWFUL SIGN AND NOTICE
,TO THE OWNERS THEREOF; ,
,PROVIDING FOR THE REMOVAL
OF CERTAIN OTHER TYPES OF
.UNLAWFUL SIGNS INCLUDING
THE PROVISION, OF NOTICE TO
THE OWNERS THEREOF; ;
PROVIDING . FOR. THE
'EMERGENCY REMOVAL OF
SIGNS WHICH POSE AN IM- i
•MINENT THREAT TO PUBLIC
SAFETY; PROVIDING FOR THE
ASSESSMENT OF COSTS IF 'AN
OFFENDING SIGN IS REMOVED
AT COUNTY EXPENSE; •
;PROVIDING FOR SUPREMACY;
'PROVIDING THAT THE PLAN-
• NING DIRECTOR MAY i
DESIGNATE AN EMPLOYEE TO
PERFORM THE DIRECTOR'S
DUTIES HEREUNDER;
PROVIDING FOR INTERAGENCY
COORDINATION; PROVIDING
FOR SEVERABILITY;
PROVIDING FOR THE REPEAL 4
OF ORDINANCES AND LAND ' _ - -
DEVELOPMENT REGULATIONS - -
INCONSISTENT HEREWITH BUT '
OTHERWISE AFFIRMING THE •
VALIDITY OF EXISTING
REGULATIONS OR OR
- D.INANCES; AFFIRMING THUT. '
,THE LAND DEVELOPMENT
REGULATIONS ARE NOT IN-
'TENDED TO INTERFERE WITH •
-
'ANY EXISTING PRIVATE •
'AGREEMENTS; PROVIDING FOR •
'INCORPORATION INTO THE
'MONROE COUNTY LAND
DEVELOPMENT REGULATIONS;
PROVIDING AN EFFECTIVE
r ,
PROOF OF PUBLICATION
. r _ .
THE FLORIDA KEYS KEYNOTER.
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
4,.,
STATE OF FLORIDA 1)
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHARLOTTE SIKORA , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a
NOTICE OF INTENTION
- IN'THE MATTER OF -Re-p e-a-l-i n-g—D vi s=i o-n -T h-i-rt-e-an , C h-apt-e r N1-n-ems
in the
Ci r c u j t Court Court, was published in said
newspaper in the issues of Nov 4 , 1 1 , 1 9 8 7
. . S
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaperpublished at Mara- NOTICE OF INTENTION
' TO COUNTY ORDINANCE •
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously TO WHOM IT MAY CONCERN
that on Tuesday,,December 1, •
1987 at 3:00 P.M.at the Planta-
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second Hon Key Government Center,
Plantation Key Monroe County,
Florida, the Board of County
class mail matter at the post office in Marathon, in said Monroe County, Florida, foraperiod of one Commissioners o rid toof Monroecon-
sider theFadoption of the to
ing County Ordinance:
year next preceding the first publication of the attached copy of advertisement; and affiant further ORDINANCE NO.1987
An ordinance repealing Divi-
sion Thirteen,Chapter Nine,
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- Monroe County Land Devel-
, opment Regulations and
creating a new division
mission of refund for the purpose of securingthis advertisement forpublication in the said newspaper. Thirteen fori ngo regulating sig-
mission Wage; providing for gesig-
slonage providing
certain
these land development reg-
ulations; providing for the
prohibition of certain types of
signs which require a site lo- .
cation
providingrnity��'a�� '�CKf certain types of ii
.-,Z-,I/e 2 et which require a sign con-
struction permit; providing
(SEAL) for the eoregtemporaof cy ertain
CHARLOTTE y�IKORA providing for certain types of
� permanent signs In residen-.
SWORN• O't'ND SUBSCRIBED BEFORE ME THIS /' tial districts; providing for
,T
certain types of permanent-
signs In commercial areas;
��} - providing for directory and
DAY OF- A.D. 19 dentification signs for nonre-
sidentiet subdivisions and
'J ` 0� ��/ nescrlesbi- - sor Industrial establish-
ment signs; providing for
s hospital and emergency fa-
_ _ - cility signs; providing for
bench signs; providing for
- •:NOTAAY-PUBLIC STATE OF FLORIDA • standards concerning mea-
-- -NY OMISSION EXP. AUG 28,1990 surement, construction and
maintenance f ailL, signs
_B01ADED-THRU GENERAL INS. UND. enumerated in this land de-.
---- - velopment regulation; pro-
. - Acting that these regulations
Shall apply to all signs erect-
ed after the effective date of
such regulations and further
requiring that no existing
sign shall be kept in an un-
safe or dangerous condition;
providing for,the administra-
tion of these regulations in-
cluding the revocation and
suspension of all sign permits.
for causer providingc for a p-
• siooadisatemisonfm planning
decisions enforcing these
regulations; providing for
-variances- from-'the literal-
application of these land de-
velopment regulations when
certain criteria are met;-pro-
_-vlding_for permit_aj,pitcation-_
•
, S
-procedures, including a re- -
ouirement for bonding for
certain types of temporary
signs; providing that certain
types of signs shall Only be
constructed by a licensed
contractor;providing for the •
designation and regulation of
various types of noncon-
,forming signs Including-the-
provision for the amortisa-
tion and the gradual elimina-
tion of certain catagorleS
thereof; providing for the
summary removal of certain
inexpensive or dangerous
unlawful signs and notice to
the owners thereof; provid-
ing for the removal of certain
other types of unlawful signs
including the provision of no-
tice to the owners thereof;
providing for the emergency
removal of signs which pose
an imminent threat to public
safety; providing for the as-
sessment of costs if an of-
fending sign Is removed at
county expense; providing
for supremacy; providing
that the planning, directory
may designate an employee
to perform the director's du-
ties hereunder;providing for
Interagency coordination;
providing for severabilitY'
providing for the repeal of
ordinances and land devel-
opment regulations Inconsis-
tent herewith but otherwise
affirming the validity of ex-
isting
regulations or ordi-
nances; affirming that the
land development regulations
are.not intended to-interfere
with any existing private
agreements; providing for
incorporation into the Mon-
roe County Land Develop-
ment Regulations; and pro-
viding an effective date.
Pursuant to Section 288.0106,
Florida Statutes, notice Is given'
that if a person decided to ap-
peal any decision made by the!
Board with respect to any mat-
ter considered at such hearings
or meetings,he will need a rec-,
ord of the proceedings,and that
for such purpose, he may need
to ensure that a verbatim record
of the proceedings is made,
which record includes the testi-,
mony and evidence upon which
the appeal Is to be based.
DATED at Key West, Florida,
- this 26th day of October 1987.
DANNY L.KOLHAGE1 - — -
Clerk of the Circuit Courtl
of Monroe County,Florida; "
end ex,officio Clerk of the,
Board of County Commissioners -
of Monroe County,Florida
Publish:Nov.04 11,1987
Florida Keys Keynoter - •
w
•
•
al •SENDER: Complete items 1,2, and 4.
Si Put your address in the"RETURN TO"space on the
3 reverse side.Failure to do this will prevent this card from
00 being returned to you.The return receipt fee will provide —Jr 0 B 5 20 3
you the name of the person delivered to and the date of
del_ ivory.For additional fees the following services are RECEIPT FOR CERTIFIED MAIL
e available.Consult postmaster for fees end check box(es) NO INSURANCE COVERAGE PROVIDED
`G for service(s)requested, NOT FOR INTERNATIONAL MAIL
1. 0 Show to whom,date and address of delivery. (See Reverse)
•
m Sent to i'
a 2. 0 Restricted Delivery. ' $ Mrs. Liz Cloud, Chief
CI
nt3 of Admin Code & Laws
ttil 3. Article Addressed to: , a Department of State
Mrs. Liz Cloud Chief'. P
Bureau of Admin Lode and Laws P•Orhs�ateC,apitd��de
Department of State , (4 Pos gea.ledissee, FL 362 Olt
The Capitol
Tallahassee, FL 32301 • Certified Fee n)�/i- .
4. Type of Service: Article Number
Special Delivery Fee a
❑ Registered ❑ Insured rt.
® Certified ❑ COD P 593 085 203 Restricted Delivery Fee
0 Express Mailcn
! _
. Return Receipt showing
Always obtain signature of addressea,agent and j m to whom and Date Delivered .o m
DATE DELIVERED. co
,fin, Return Receipt showino Io whom. I--.
D 5. Signature—Addressee '' Date,and Address of Delivery D
33 x ID
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tag
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11111 I
, ! SENDER: Complete items 1,2,3 and 4.
_ SI Put your address in the"RETURN TO"space on the
5
P—5 9 3 0 8 5 18 , 3 reverse side.Failure to do this will prevent this card from
is being returned to you.The return receipt fee will provide
• RECEIPT FOR CERTIFIED MAIL a you the name of the person delivered to and the date of
NO INSURANCE COVERAGE PROVIDE° ` delivery. For additional fees the following services are
NOT FOR INTERNATIONAL MAIL a available.Consult postmaster for fees end check box(es)
(See Reverse) '< for servicels)requested.
r
CD Sent to j R 1• 0 Show to whom,date and address of delivery.
$ DCA p
cl
Street and No. A 2. 0 Restricted Delivery.
2571 Executive Center Cir•le , ovo
p a, 3. Article Addressed to:
y P.O..State and ZIP Code Dept of Community Affairs
o Tallahassee, FL 32301 '
Cli• Postage - Howard Building
Mil 2571 Executive Center Circle, E
Certified Fee Tallahassee, FL 32301
Special t►-o . • 4. Type of Service: Article Number
•
❑ Re ❑istered Insured P 593 085 185
� � �_ XX Certified El Im tur Rece sloDin �
9 El Express Mail
wh. an. � De , rt.
Always obtain signature of addressee n
.,m Rr ern " • o t. DATE DELIVERED. ti.' t 0
▪ Dat. and of D. ^ �<`
d .&Ni'?r .__ m 5. Signature—Addressee �'f
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a i Z 8. Addressee's Address(ONLY if requested and fee paid)
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• n .
r
C Put your address in the"RETURN TO"space on the
3 reverse side. Failure to do this will prevent this card from
Ezi being returned to you.The return receipt fee will provide
P-5 9 3 0 8 5 1 8 6 -a you the name of the person delivered to and the date of
delivery. For additional fees the following services are
RECEIPT FOR CERTIFIED MAIL c available.Consult postmaster for fees and check box(es)
NO INSURANCE COVERAGE PROVIDED t- for service(s)requested.
NOT FOR INTERNATIONAL MAIL ,
(See Reverse) w 1. ❑ Show to whom,date and address of delivery.
rD Sent to • .4. 2. 0 Restricted Delivery.
DCA `t
CI 63
to Street and No. 1 3. Article Addressed to:
o Post Office Box 990 Dept of Community Affairs
a P.O.,State and ZIP Code Post Office Box 990
c? Key West, FL 33041 .
fil Postage S l Key West, FL 33041
� i
Certified Fee • .7� \.
4. Type of Service: Article Nurxber
Special D ���
Registered ❑ Insured: 010
P ;5.93- . >�� 186 ,
Certified ❑ COD �
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m to Nh�j,a rr,.;:, .}� 1 -: �aJ 0 DATE DELIVERED. l •\ C✓>-. j
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.y, Date n .int shn to horn. G 5. Signature—Addressee •` ; --F; a ^"
Date, :A.`+ o c
m TOTAL Pos- - - . c CD • X � ,
^^Q/��� F' y 6. Signature! —Agent
Postmark or Date < n X ( . .. 4,,,,.„.
R 37 7. Date of Delivery
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u. Z 8. Addressee's Address(ONLY if requested and fee paid) '
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J)annp 1.. ltolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
. TEL. (305) 852-9253
'. .
December 23, 1987
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administra~ive Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
054-1987 repealing Division Thirteen, Chapter Nine, Monroe
County Land Development Regulations, and creating a new
Division Thirteen for regulating signage, providing for
definitions, etc.
This Ordinance was adopted by the Board of County
Commissioners at a Regular ~eeting in formal session on
December 1, 1987.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of County Commissioners
Enclosure
cc: Municipal Code Corp.
Mayor E. Lytton
County Attorney
County Administrator
Finance Director
PB&Z Director
File
/,.~ ......, -.. ')
{) 4.-.?\J <- I)~:.) --" u-,-,
Y ,,--,,' --I
1Dannp I. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (305) 852-9253
December 31, 1987
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Department of Community Affairs
Howard Building
2571 Executive Cente~ Circle, East
Tallahassee, FL 32301
and
Department of Community Affairs
Post Office Box 990
Key West, Florida 33041
Dear Sirs:
Enclosed please find a certified copy of Ordinance
No. 054-1987 repealing Division Thirteen, Chapter Nine,
Monroe County Land Development Regulations, and creating a
new Division Thirteen for regulating signage, providing for
definitions, etc.
This Ordinance was adopted by the Board of County
Commissioners at a Regular Meeting in formal session on
December I, 1987.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to
Board of County Commissioners
by: ..s,t.~~
Shelley rown
Deputy Clerk
Enclosure
FLORIDA DEPARTMENT OF STATE
Jim Smith
S,.( rf'tdr\ of Stdk
Dorothy W. Joyce
Division Director
December 28, 1987
Ms. Shelley Brown, Deputy Clerk
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Dear Ms. Brown:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of December 23, 1987
and certified copy/ies of Monroe
Coun ty Ordinance ( s ) No. 054-1987
2.
Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
whlch we have numbered
3. We have filed this/these ordinances in this office
on
December 28,
1987.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
~ely. ~
L~z Cl , Chief
Bureau of Administrative Code
LC/
DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301
(904) 488-7690