Council adopts sign ordinance amendments
Estero Boulevard businesses and others are back on the clock.
On Monday, the Fort Myers Beach Town Council unanimously approved Ordinance #11-01 to amend Chapter 30, titled Signs, of the island’s Land Development Code during the continuation of a second public hearing held on Feb. 22.
The sign ordinance reflects updates and revisions and addresses constitutional issues, assists in streamlining compliance and resolves permitting issues.
Businesses, which have signs out of compliance, have more than 8 months to correct the situation. The grace period ends Dec. 31, 2011. Once the deadline passes, those who have yet to comply with the ordinance could be subject to code enforcement action.
“We are not taking their right of having a sign away from them,” Town Manager Terry Stewart said about affected businesses. “The sign must meet a certain criteria in what has been a very lengthy period of time. If the sign doesn’t conform, then you must change it to conform.”
It has been more than 11 years since elected town officials passed an ordinance regarding a major revision of sign issues on Fort Myers Beach. Before the two hearings and continuance, the issue had not been officially addressed since town officials allowed a grace period in April 2008. Before that time, the ordinance gave businesses and condominium associations on Estero Island more than eight years to comply with replacing existing signage with new, smaller monument-style signs.
“About 50 percent of the people on the island have spent the money over the last 10 years to convert to this,” said Vice Mayor Bob Raymond. “I think (the changes) are long overdue.”
The purpose of the sign ordinance is to alleviate an excess of signs that cause a visual blight on the appearance of the town by detracting from views of structures and open space. Compliance to the ordinance should improve the aesthetic quality of life, traffic safety, public health and general welfare on the Beach, according to town records.
Ordinance amendment discussions included temporary direction signs, such as “Open House” Real Estate signs, and multiple frontage signs, where a business building fronts more than one road.
Mayor Larry Kiker suggested specific affected properties might apply for variances. A historic designation process is another way one can conform to the sign law.
“We are trying to look at the entire town. There are specific things that happen on a property that need special consideration. There is a process for that,” he said. “That gets weighed against the variables of what is in the resolution.”
Councilwoman Jo List thought the sign ordinance was “well written” and “useful,” but expressed her opposition to the process.
“I do have a gigantic, enormous aversion to telling people to go spend thousands of dollars to satisfy somebody’s idea of what would be aesthetically pleasing in our town,” she said. “If there is a vehicle to getting a variance, then that’s a level of comfort I can live with.”
Kiker commented on the businesses that have already met sign compliance and expressed his opinion on the legal effect of those who met the demand.
“In order for government to work in a small town, there has to be some continuity between councils. What about the danger and risk to undo something that’s partially done? I’m not so sure we wouldn’t be at high risk for folks who have spent a lot of money to tear down their sign and put in another one,” he said.
At the first part of second hearing, Town Community Development Director Walter Fluegel explained the updates and revisions made to the 35-page document that helped modernize compliance and resolve permitting issues. The revisions and entire ordinance can be reviewed on the town website at ww.w.fortmyersbeachfl.gov once you click on the public hearing item after clicking on the April 18 regular council meeting agenda.
“The cleanups that were done in here were kind of minor, common-sense approaches,” he said. “For instance, the height of signs under the current code was limited to five feet above crown of the road. In some instances where the adjacent grade of the property was lower than the crown of the road, that could have the net effect of a sign having one square foot of permissible sign area. So, one of the cleanups that you’ll see in here is it’s now five feet above crown of the road or finished grade of property whichever is greater.”