Planning Board Staff Report

Meeting Date: September 4 , 2019

TO: Planning Board

FROM: Daniel J. Smith, AICP – Director of Community Affairs

DATE: September 23, 2019

RE: Amending Article VI, Signage, of the Land Development Code (LDC) by amending
Subsection 30-522(b)(10) c.1. To allow signs in the public right-of-way in all zoning
districts only between 7 AM and 6 PM, amending section 30-524 by adding subsection
(d) Other Temporary Signs and subsection (e) Unauthorized Signs Subject to Removal,
and amending in section 30-530 the definition of “Sign, Snipe.”

PETITIONER or APPLICANT:

City of Marco Island

PROJECT DESCRIPTION:

Staff-initiated change, allowing signs in the right-of-way in all zoning districts and regulating the amount
of time. Currently, signs are only regulated in the right-of ways abutting residential zoning districts and
are silent in commercial zoning districts. This amendment also addresses the removal of signs by Code
Enforcement and the definition of Snipe Sign.

DISCUSSION:

This amendment was driven by Code Enforcement’s inability to remove signs in the right-of-way abutting
commercial zoning districts. The new language also addresses the removal of signs in violation of the
Code.
Planning Board
October 4, 2019
Page 2

Changes are as follows (underline):

Sec. 30-522. Sign permits.

(b) Signs exempt from permitting.

(10) One noncommercial Temporary sign for each property subject to the following criteria:

c. Location:

1. In residential districts, sSigns may be placed in the public right-of-way only between
the hours of 7:00 a.m. and 6:00 p.m.

SECTION 3. Amendment and Adoption. That Section 30-524 of the Code of Ordinances, City of Marco
Island, Florida, is hereby amended by adding new subsections (d) and (e) to read as follows:

Sec. 30-524. Temporary signs.

Sec. 30-524. Temporary signs.

(d) Other Temporary signs.

(1) Other Temporary signs may be placed on public rights-of-way contiguous to private property with
the private property owner’s permission, subject to the size, height and location restrictions of Sec. 30-
522(b)(10). Such signs shall not be placed in medians or on portions of rights-of-way contiguous to
publicly owned property.

(2) A temporary sign may be placed within a public right-of-way for a maximum of sixty (60) days and
shall be removed within seven days after the date of any associated event, election or referendum. If
said signs are not removed prior to the expiration of these time limits, the sign shall constitute an
abandoned sign and the City shall remove the sign.

(3) Other Temporary signs are permitted on private property with the owner’s permission; subject to
the size, height and location restrictions of Sec. 30-522(b)(10).

(4) No temporary sign shall be placed on any public property (non-right-of-way), except by the owner
of said property.

(e) Unauthorized signs subject to removal.

(1) The City 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 maintained would defeat the
purpose of regulating such signs. The City Manager is hereby authorized to remove such signs when
unlawfully erected and maintained, subject to the provisions contained below.

2
Planning Board
October 4, 2019
Page 3

(2) After removal of a sign pursuant to this section, notice will be given, either in person or by first-class
mail to the occupant of the property from which the sign was removed and, if the sign identifies 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 retrieved within 30 days, it will be disposed of by the City. The property
owner shall remain responsible for all code violations associated with the sign.

(3) The city shall dispose of all unclaimed signs after the expiration of the 30-day period.

PLANNING BOARD RECOMMENDATION:

Staff recommends approval of the amended language and a finding by the Planning Board of consistency
with the Comprehensive Plan policies below:

Policy 1.7. The City will enforce existing and future Land Development regulations to eliminate and/or
reduce uses of land inconsistent with the Future Land Use Map and the community’s character.

Policy 1.7.4. The City will seek to identify and eliminate existing non-conformities that detract from the
City’s character or could impact the public health, safety, or welfare through diligent code enforcement
action and through attrition via approved development orders.