In a surprisingly smooth proceeding at its first public hearing that featured no public comments, the Marathon City Council unanimously voted to approve, with slight modifications, an ordinance repealing and entirely replacing Marathon’s current regulations for signs in the city.
Marathon’s new code, drafted by city attorney Steve Williams, is a slightly modified version of the code passed by Monroe County two years ago. The change is spurred by a 2015 Supreme Court case in which a small Arizona town’s sign code was deemed unconstitutional due to its content-based restrictions that infringed upon freedom of speech rights.
“The Supreme Court basically outlawed every community’s existing sign code,” said Williams. “If you have to read a sign to determine whether it is legal or not, your sign code is unlawful. What I have before you tonight is a sign code that removes all content-based rules.”
The new sign code simplifies sign designations, classifying them either as permanent or temporary. As most of the scrutiny regarding signs in recent years has been directed at political signs during campaign season, the code includes provisions for regulating the number of signs permissible on a single property, the allowable duration for temporary signs, and other safety provisions for sign placement – including minimum setbacks from property lines and prohibition of sign placement that would impair visibility at intersections and driveways.
Councilman Steve Cook raised discussion over a portion of the proposed code requiring that discontinued sign structures be taken down with damages concealed within 60 days.
“I see this as trying to get rid of blight, but these signs are so expensive. I’m not sure that pulling down a sign and putting it back up while someone is trying to sell a building will remove the blight,” said Cook. “We might still have a building sitting empty if all of a sudden the expense goes up by a couple hundred thousand dollars.”
Mayor John Bartus also raised concerns regarding clauses in the code seeming to prohibit moving or changing content, such as scrolling text, on electronic signs.
“In other areas, they basically have signs, vehicles and boats that are basically driving projector screens,” said Williams. “That is what this is attempting to address. Your sign can’t be a TV screen.”
Opting to review discontinued signs on a case by case basis and shorten the allowable duration for temporary signs, the council unanimously voted to approve the ordinance’s original framework with slight changes. The ordinance’s highlights include: a five-foot minimum setback distance from property lines, a maximum of three temporary signs allowed per property, a three-foot maximum size for temporary signs, a 60-day maximum duration for temporary signs, and a one-sign limit per property for A-frame and canopy signs.
More information, including the complete text of the originally proposed ordinance, is at the “Meetings and Agendas” tab of the city’s website at ci.marathon.fl.us.
In other news:
• Following her Jan. 31 appointment, councilwoman Robyn Still was sworn in for her first official meeting on the dais.
• At its third and final public hearing, the council unanimously voted to approve an ordinance amending Marathon’s city charter by changing the typical term of office for city council members to four years. The proposed charter change will go out to voters for approval during the August 2022 primary election in order to take effect for the winners of the November 2022 city council election.
• The council heard a proposal from David Grego regarding a privately funded canal restoration project on Sunrise Isle off Sombrero Beach Road. With a presentation demonstrating the detrimental effects of seagrass accumulation in the local canals, Grego detailed a proposal for a barrier and air curtain system to block seagrass from entering the canal. The council unanimously elected to allow the use of the right of way along Man-O-War Drive to install compressors for the air curtain system and to allow the City of Marathon to serve as the permit applicant for the system.
• Following an update from grants coordinator Maria Covelli, councilman Luis Gonzalez asked for an update on funding for often-discussed projects such as the redevelopment of the Quay property, repairs to the city skatepark, and redevelopment of the 33rd Street area.
“If we have to wait on grants, it seems like these things might never get off the ground,” said Gonzalez. “We’re kind of giving our citizens false illusions when we talk about moving forward on something and then pull back.”
“I will bring back a more robust schedule next month and tell you where we make adjustments in funding to get these off the ground,” said city manager George Garrett.
• Gonzalez addressed director of public works Carlos Solis to confront complaints regarding roads cut and left unfinished during construction and utility projects, citing examples along Coco Plum Drive and Sombrero Boulevard. “It seems like 5 o’clock hits on a Friday, the roads stay open, and it’s a nightmare for our citizens who have to commute on these roads to get home,” said Gonzalez. Solis said he will require contractors to use cold patch asphalt to temporarily repair cut roads during construction before final repairs are completed.
• In order to allow more time to coordinate with the state and Monroe County to reevaluate hurricane evacuation modeling, the council directed planning director Brian Shea to draft a resolution extending the remaining allocations in the Building Permit Allocation System to 2024 by providing fewer allocations per six-month period. The allocations will prioritize owner-occupied residences.
• The council heard citizens’ comments concerning reconstruction of the Coco Plum Drive bridge, vacation rental code violations, affordable housing and long-term boat trailer parking along Sombrero Boulevard.
