ORDINANCE 20-XX

AN ORDINANCE OF THE CITY OF MARCO ISLAND,

FLORIDA, RELATING TO SIGNAGE; AMENDING SECTION
30-522(b)(10) OF THE CODE OF ORDINANCES OF THE CITY
OF MARCO ISLAND, TO ALLOW SIGNS IN THE PUBLIC
RIGHT-OF-WAY IN ALL ZONING DISTRICTS; REVISING
SECTION 30-524 OF THE CODE OF ORDINANCES OF THE
CITY OF MARCO ISLAND, PROVIDING THAT
UNAUTHORIZED SIGNS ARE SUBJECT TO REMOVAL;
PROVIDING FOR INCLUSION IN THE CITY CODE;
PROVIDING FOR SEVERABILITY/ INTERPRETATION; AND
PROVIDING FOR AN EFECTIVE DATE.

WHEREAS, as required by Section 30-62(c)(3)d. of the Land Development Code

(“LDC”), the need and justification for this Ordinance is that the City’s current sign
regulations as set forth in the Land Development Code do not provide clear regulations for
temporary signs other than signs related to an election; and

WHEREAS, as required by Section 30-62(c)(3)d. of the LDC, an additional

justification for this Ordinance is that the City Council finds that it is in the public interest to
allow temporary signs in the public right of way; and

WHEREAS, the process now in place for dealing with temporary signs found to be in
violation of the City Code is so burdensome as to make it impractical and ineffective for
enforcement purposes; and

WHEREAS, Policies 1.7 and 1.7.4 of the Future Land Use Element of the
Comprehensive Plan state:

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.

WHEREAS, as required by Section 30-62(c)(3)d. of the LDC, the Planning Board has
found this Ordinance to be consistent with the Comprehensive Plan and in particular Policies
1.7 and 1.7.4 of the Future Land Use Element; and
WHEREAS, the City Council finds this Ordinance to be in the best interests of the
City.

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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MARCO ISLAND, FLORIDA:

SECTION 1. Recitals. The foregoing “WHEREAS” clauses are hereby ratified and
confirmed as being true, correct, and reflective of the legislative intent underlying this
Ordinance.

SECTION 2. Amendment and Adoption. That section 30-522(b)(10) of the Code of

Ordinances, City of Marco Island, Florida, is hereby amended to read as follows:

Sec. 30-522. - Sign permits.

(10) One temporary noncommercial sign for each property subject to the
following criteria:
a. Maximum size:
1. Residential single-family: Four square feet.
2. Residential multifamily: 16 square feet.
3. Nonresidential: 24 square feet.
4. Additional temporary noncommercial signage shall be
allowed for the 60 days prior to and seven calendar days following any federal, state,
county, or city election, as follows:
i. Residential districts: up to a cumulative total of 24
additional square feet, provided no individual sign exceeds four square feet.
ii. Nonresidential districts: up to a cumulative total of 24
additional square feet, provided any individual sign exceeding four square feet shall be set
back a minimum of 15 feet from any property line.

b. Maximum height: Six feet as measured from average finished

ground elevation.

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.
2. Signs may be placed on private property at any time of the
day or night, at the property line provided that such sign shall be:
i. Set back at least ten feet from the edge of the
pavement of any adjacent public street; and
ii. If a sidewalk is present, such sign shall be setback
five feet from the sidewalk.
3. Signs may be located either parallel to or perpendicular to
the adjacent right-of-way.

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SECTION 3. Amendment and Adoption. That Section 30-524 of the Code of Ordinances,
City of Marco Island, Florida, is hereby amended to add a new “(d)”:

Sec. 30-524. - Temporary signs.

(d) Unauthorized temporary signs subject to removal. Temporary signs, when

unlawfully erected and maintained in the public right-of-way or on public property, are
subject to removal by the City.

SECTION 4. Severability/Interpretation.

(a) If any term, section, clause, sentence or phrase of this Ordinance is for
any reason held to be invalid, illegal, or unconstitutional by a court of competent jurisdiction,
the holding shall not affect the validity of the other or remaining terms, sections, clauses,
sentences, or phrases portions of this Ordinance, and this Ordinance shall be read and/or
applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or
section did not exist.

(b) In interpreting this Ordinance, underlined words indicate additions to

existing text, and stricken through words include deletions from existing text. Asterisks (* *
*) indicate a deletion from the Ordinance of text, which continues to exist in the Code of
Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks
and not set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance.

SECTION 6. Effective Date. This Ordinance shall be effective immediately upon

adoption by the City Council on second reading.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF MARCO ISLAND this ___ day of
________, 2020.

ATTEST: CITY OF MARCO ISLAND, FLORIDA

___________________________ By: ____________________________

Laura M. Litzan, City Clerk Erik Brechnitz, Chairman

Approved as to form and legal sufficiency:

___________________________
Alan L. Gabriel, City Attorney