HomeMy Public PortalAbout1993-04 Amending the code by adding a chapter entitled SignsORDINANCE NO. 93-4
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE
AMENDING THE CODE OF ORDINANCES BY ADDING A
CHAPTER ENTITLED "SIGNS"; PROVIDING FOR THE
PURPOSE OF THE ORDINANCE; PROVIDING
DEFINITIONS; SETTING FORTH PROHIBITED SIGNS;
SETTING FORTH REQUIRED SIGNS; PROVIDING FOR
THOSE SIGNS THAT MAY BE ERECTED WITHOUT
PERMIT; PROVIDING FOR REGULATIONS FOR
PERMANENT SIGNS IN RESIDENTIAL DISTRICTS;
PROVIDING FOR REGULATIONS FOR PERMANENT SIGNS
IN NON-RESIDENTIAL DISTRICTS; PROVIDING FOR
TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL
SIGN REGULATIONS; PROVIDING A PROCEDURE FOR
OBTAINING SIGN PERMITS; PROVIDING FOR
AMORTIZATION OF LEGAL NON -CONFORMING SIGNS;
PROVIDING FOR SIGN MAINTENANCE; PROVIDING A
PROCEDURE FOR THE REMOVAL OF IMPROPER SIGNS;
PROVIDING FOR THE REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE
WHEREAS, Florida Statutes Section 163.3202 requires a
municipality to adopt land development regulations consistent with
its comprehensive plan; and
WHEREAS, Florida Statutes Section 163.3202(f) provides that
such land development regulations shall include a sign code; and
WHEREAS, it is the intent of the Village Council to adopt a
sign code that both prevents the degradation of the aesthetic
attractiveness of the Village and promotes the safety of motorists,
pedestrians, cyclists and other users of the public streets; and
WHEREAS, the proposed ordinance has been advertised in
conformance with Florida Statutes Section 166.041(c) relating to
zoning ordinances; and
WHEREAS, this Council finds that this proposed sign ordinance
will promote the health, safety and welfare of the citizens of the
Village;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE,
FLORIDA AS FOLLOWS:
Section 1. That the Code of the Village of Key Biscayne is
hereby amended by adding a new chapter as follows:
"Chapter . Signs"
Sec. 1. Purpose.
The purpose of this ordinance is to promote and protect
the public health, safety and general welfare of the
Village of Key Biscayne by regulating existing and
proposed signs and other street graphics within the
Village. In particular, this ordinance is intended to
preserve the unique aesthetic character of the Village
and ensure that signs are compatible with their
surroundings. It is further intended to protect
property values, create a better business climate,
enhance the physical appearance of the community,
preserve the natural beauty of the Village and improve
vehicular and pedestrian safety and reduce visual
pollution.
Sec. 2. Definitions.
(a) Abandoned Sign: A sign is considered abandoned if
a business or other purpose advertised on that sign is
no longer licensed, no longer has a certificate of
occupancy or is no longer doing business at that
location.
(b) Animated Sign: A sign that uses motion of any part
by any means, or that displays flashing, oscillating,
sequential or intermittent lights other than time or
temperature.
(c) Awning Sign: A sign placed on an awning that is
supported entirely from the exterior wall of a building
and composed of a non -rigid material, except for the
supporting framework.
(d) Balloon Sign: Any sign of fabric type material,
inflated by air to a point of semi -rigidity for the
purpose of floating above the ground or building.
2
(e) Banner Sign: A sign having characters, letters or
illustrations applied to cloth, plastic, paper or fabric
of any kind with only such material for backing.
(f) Box Wall Sign: A Wall Sign that consists of a box
made of plastic, metal, wood or similar material which
is mounted on the wall.
(g) Bunting: Any kind of pennant, streamer or other
similar fabric decoration.
(h) Building Frontage: The horizontal ground floor
distance from one end of the building to the other,
parallel to the designated front lot line of the
property, as determined by the Director.
(i) Bus Bench Sign: Any Sign painted on or attached to
a bench or to a shelter for persons awaiting public
transportation.
(j) Canopy Sign: A Sign hanging underneath a
pedestrian shelter canopy in a multi -tenant commercial
structure.
(k) Changeable Copy Sign: A Sign displaying messages
that can be, or are intended to be, changed by use of
removable letters and numerals.
(1) Construction Sign: A Sign designating the names of
a general contractor, architect, engineer or similar
firm involved in undertaking improvements to an existing
building or to new construction.
(m) Copy Area: See Sign Area.
(n) Detached Sign: A Sign that is not attached to or
painted on a building, but that is affixed to a
supporting structure that is attached to the ground by
a concrete foundation.
(o) Development Identification Sign: A Sign that is
permitted to be installed on a building or around the
perimeter of a residential development or neighborhood
identifying the name of that building, development or
neighborhood.
(p) Director: The Director of the Key Biscayne
Department of Community Development.
(q) Directory Sign: An index consisting of the names
of tenants of an office building, shopping center or
other multi -tenant business complex.
3
(r) Facade: The face of a building from the ground to
the roof line.
(s) Flag: Any fabric containing distinctive colors,
patterns, or symbols used as a symbol of a government,
political subdivision or other similar entity.
(t) Government Instructional Sign: See Instructional
Sign.
(u) Ground Sign: See Monument Sign.
(v) Externally Illuminated Sign: Any Sign illuminated
by shielded electric lights (including reverse channel
lighting and backlighting) which are not part of the
sign.
(w) Internally Illuminated Sign: Any Sign having
translucent characters, letters, designs, logos or
outlines illuminated by electric lights located within
the sign or luminous tubes designed for that purpose.
(x) Instructional Sign:
(1) A noncommercial Sign permanently erected
and/or maintained by the Village, the County
or State, or any agency thereof. Such Sign
shall include legal notices, identification
and information. (See also "Governmental
Instructional Sign").
(2) A noncommercial sign located on and relating
to an activity on the premises upon which the
Sign is located, providing information to
pedestrian and vehicular traffic, e.q.,
"entrance," "exit," "caution" and "no
trespassing."
(3)
A Sign within a development, or at the
entrance(s) thereto, showing the name(s) and
directions to the location(s) of the
subdivisions comprising the development, the
sales office, etc.
(y) Model Sign: A Sign that designates a particular
dwelling unit that is exhibited to depict other units of
a similar design that are for sale or rent.
(z) Monument Sign: Any freestanding solid monument
structure containing a Sign face that is supported
solely by its own ground -mounted base (or two pole -like
supports not to exceed 18 inches in height) and that is
4
not attached or affixed in any way to a building or
other structure.
(aa) Multitenant Center: Any shopping center, office
center or business center in which two or more
occupancies abut each other on the site or share common
parking facilities or driveways or are otherwise
related.
(bb) Nonconforming Sign (legal): A Sign existing within
the Village limits upon the effective date of this
ordinance which does not conform to the requirements of
this ordinance.
(cc) Off -Premise Sign/Billboards: Any Sign advertising
a commercial establishment, activity, product, service
or entertainment that is sold, produced, manufactured,
available or furnished at a place other than on the
property upon which the Sign is located.
(dd) Pole Sign: Any Sign erected upon a pole, and which
is wholly independent of any building and/or other
structure for support.
(ee) Political Sign: Any Sign that indicates the name,
cause or affiliation of anyone seeking public office or
that describes an issue for which a public election is
scheduled to be held.
(ff) Political Sign Sponsor: Any person or organization
who erects or causes to be erected a Sign describing an
issue for which a public election is scheduled to be
held.
(gg) Portable Sign: Any Sign not permanently attached
to the ground or other permanent structure or any sign
designed to be transported. Portable Signs shall
include, but not be limited to, Signs designed to be
transported by means of wheels; skid -mounted Signs;
Signs converted to A- or T -frames; Menu and Sandwich
Signs; balloons used as Signs; and Signs attached to or
painted on vehicles parked for the purpose of providing
advertising, close to or on the public right-of-way,
unless such vehicle is used in the normal day-to-day
operations of the business or the Sign Area is less than
two square feet per side or there is no reasonable
alternative storage space for the vehicle.
(hh) Projecting Sign: A Sign directly attached to and
extending from a building or other structure by more
than 15 inches.
5
(ii) Real Estate Sign: A temporary Sign erected on -site
by the owner or his agent, indicating property which is
for rent, lease or sale, open for inspection, shown by
appointment only or such similar announcement.
(jj) Reverse Channel Wall Sign: Opaque individual
letters or numbers that are mounted directly on the wall
with lighting within the letter or number so that they
reflect off of the wall, i.e., reverse lighting.
(kk) Roof Sign: A Sign that is painted on or erected
over, across or on the roof of any building and that is
dependent on the roof, parapet or upper walls of a
building for support.
(11) Sign: Any structure and all parts composing the
same, together with the frame, background or support
therefor, that is used for identification, advertising,
informational or display purposes or any statuary,
sculpture molding, casting or other objects used for
identification, informational, advertising or display
purposes. Merchandise, vehicles or equipment used as an
attention attractor or advertising device, with or
without a printed message, shall be considered a Sign.
(mm) Sign Area: The square foot area enclosed by the
perimeter of the Sign structure, and including borders
and framing. When a Sign is composed of individual
letters, symbols or logos only, the Sign Area is the
area enclosed by a perimeter line (forming a single
rectangle or square) enclosing all letters, symbols and
logos, and shall be measured to the furthest point. In
the case of a Monument Sign, the Sign Area is the square
foot area from the ground to the maximum height times
width.
(nn) Sign Height: The height of the Sign measured from
the finished ground elevation to the top extremity of
the Sign. If the area around the Sign is bermed, then
the height of the Sign is determined from the crown of
the fronting street.
(oo) Snipe Sign: A Sign that is tacked, nailed, posted,
pasted, glued or otherwise attached to trees, poles,
stakes, walls, trash receptacles or fences, or to other
objects. Legal notices required by law are exempted.
(pp) Swinging Sign: The term "swinging sign" shall mean
any Sign that swings freely from or on supports
regardless of the guy wires used in connection
therewith. This shall include any Sign that rotates or
revolves.
6
(qq) Temporary Sign: Any Sign to be displayed for a
limited period as specified in Section 8 of this
Ordinance. A Temporary Sign shall be displayed only on
the site to which it applies.
(rr) Time and Temperature Sign: A display containing
illuminated numerals flashing alternately to show the
time and/or temperature.
(ss) V -Sign: A freestanding Sign with two sides angled
rather than parallel and flush. The spread of the V at
the open end shall not be greater than the length of its
narrowest side.
(tt) Wall Sign: A Sign which is affixed to or painted
on and flat against an exterior wall, facia, cantilever
or marquee of any building that is parallel thereto and
supported by such wall, facia, cantilever, marquee or
building. No Wall Sign shall project higher than the
top of the wall, facia or building and no sign shall be
attached to a decorative architectural feature.
(uu) Window Sign: A Sign attached to or painted on the
inside of a store front window or door.
Sec. 3. Prohibited Signs.
The following are prohibited in the Village:
(a) Abandoned Signs.
(b) Animated Signs.
(c) Balloon Signs.
(d) Box Wall Signs.
(e) Buntings.
(f) Bus Bench Signs.
(g) Flags other than one United States flag and one
other non-commercial flag together on a pole not to
exceed 20 feet in height; one pole each permitted
per building.
(h) Neon Signs (other than Reverse Channel and Wall
Signs where permitted) and neon building trim.
(i) Off -premise Signs/Billboards.
(j) Pole Signs.
(k) Portable Signs.
(1) Projecting Signs, except Canopy Signs.
(m) Roof Signs.
(n) Snipe Signs.
(o) Swinging Signs.
(p) All Signs except those placed by governmental
agencies located on public property.
7
Any Sign on a utility pole except for the purpose
of utility identification.
Any Sign that could be confused with a traffic
signal or traffic sign.
Any Sign that in the opinion of the Director
constitutes a safety hazard.
Any private Sign extending over a public right-of-
way.
Sec. 4. Required Signs.
The following Signs shall be placed where relevant by a
property owner:
(a) Safety Signs
Fire safety markings as may be prescribed by
fire authorities.
(b) House Numbers
(1) Residential building with four dwelling
units or less - address numerals at
least four inches high but not greater
than ten inches.
(2) Residential building with more than four
dwelling units and non-residential
buildings - address numerals at least
ten inches high.
(c) Handicapped Parking and Access Signs
In accordance with State handicapped parking
and Federal
requirements.
Disabilities Act access
Sec. 5. Signs Not Requiring a Permit
The following Signs do not require a sign permit.
(a) A Government Instructional Sign.
(b) Temporary holiday decorations, provided they carry
no advertising matter, and further provided that
they are not up more than 45 days for a single
holiday and are removed seven days after the
holiday ends.
(c) Temporary Signs for special events by non-profit
entities, subject to approval by the Director.
8
(d) No -trespassing and no -dumping Signs not to exceed
one and one-half square feet in area per sign and
not to exceed four per lot, except that special
permission may be obtained from the Director for
additional signs under proven special
circumstances.
(e) Certain temporary Signs as specified in Section 8
hereof.
Sec. 6. Residential District Permanent Signs
The following Signs are authorized in all residential districts and
residential -office districts:
(a) Development Identification Sign (Village Council approval
required):
Permitted only for a) multifamily buildings with over 25
units; b) single-family developments with over 25 units; c)
religious institutions, schools and public uses. Where
multifamily dwellings are part of a larger development, there
shall be only one such Sign on each public street frontage on
which the development faces. Prior to the issuance of a
permit, the owner shall covenant that such Sign shall be
continually and properly maintained.
•Number (maximum)
•Area (maximum)
•Sign Height (maximum)
•Setback (minimum)
*Illumination
•Changeable Copy Sign
(b) Instructional Sign:'
•Number
•Area (maximum)
•Sign Height (maximum)
1 Monument Sign (or Sign mounted on
perimeter wall) per street frontage, except
2 are permitted where attached to wall of
symmetrical entrance feature
16 sq. ft. (aggregate if 2 signs)
4 ft.
5 ft. from right of way 15 ft. from side
property line
Externally Illuminated Signs only
Signs for religious institutions only
To be approved as part of site plan
4 sq. ft.
2 ft.
9
" O t h e r r e s t r i c t i o n s
N o a d v e r t i s i n g c o p y o r l o g o s
( n S i g n p e r m i t n o t r e q u i r e d b u t n u m b e r a n d l o c a t i o n m u s t b e a p p r o v e d a s p a r t
o f s i t e p l a n .
S e c . 7 . N o n - r e s i d e n t i a l D i s t r i c t S i g n s
T h e f o l l o w i n g S i g n s a r e a u t h o r i z e d i n a l l n o n - r e s i d e n t i a l d i s t r i c t s
V i l l a g e :
( a ) M o n u m e n t S i g n o r V - S i g n ( V i l l a g e C o u n c i l a p p r o v a l r e q u i r e d ) :
" N u m b e r ( m a x i m u m )
" A r e a ( m a x i m u m ) :
3 0 0 f t . o r m o r e o f
p a r c e l f r o n t a g e
L e s s t h a n 3 0 0 f t .
o f B u i l d i n g F r o n t a g e
S i g n H e i g h t ( m a x i m u m )
S e t b a c k ( m i n i m u m ) :
F r o m r i g h t o f w a y l i n e
F r o m s i d e p r o p e r t y l i n e
I l l u m i n a t i o n
S u p p l e m e n t a l p r o v i s i o n s :
O p t i o n o n n u m b e r s i g n s
i f p a r c e l h a s 3 0 0
o r m o r e f e e t o f B u i l d i n g
F r o n t a g e a n d t w o
t w o - w a y a c c e s s p o i n t s
T i m e a n d T e m p e r a t u r e S i g n
a u t h o r i z e d w i t h i n
t o t a l p e r m i t t e d
S i g n a r e a
i n t h e
1 p e r p a r c e l ; p a r c e l m u s t h a v e f r o n t a g e o f
a t l e a s t 1 5 0 f e e t o n a p u b l i c s t r e e t w
2 4 s q . f t .
1 6 s q . f t .
4 f t .
5 f t .
2 0 f t .
E x t e r n a l l y
I l l u m i n a t e d
2 s i g n s e a c h 1 2 s q . f t .
o r l e s s
S i g n
o n l y
L a n d s c a p i n g a n d
v i s i b i l i t y s i g h t
t r i a n g l e o n c o r n e r l o t S e e S e c t i o n 9 ( f ) o f t h i s O r d i n a n c e
( b ) W a l l S i g n ( p e r m i t t e d o n l y o n b u i l d i n g s w h e r e t h e m a j o r i t y o f t h e f l o o r
a r e a i s i n r e t a i l u s e ; V i l l a g e C o u n c i l a p p r o v a l r e q u i r e d ) : ( 2 )
" T y p e R e v e r s e C h a n n e l W a l l S i g n o n l y
" N u m b e r ( m a x i m u m )
1 p e r g r o u n d o r s e c o n d f l o o r e s t a b l i s h m e n t
w h i c h h a s i t s o w n f r o n t a g e a n d e n t r a n c e
f a c i n g a p u b l i c s t r e e t � )
1 0
" A r e a ( m a x i m u m )
" I l l u m i n a t i o n
1 s q . f t . f o r e a c h 1 l i n e a l f t . o f B u i l d i n g
F r o n t a g e
S e e d e f i n i t i o n o f R e v e r s e C h a n n e l W a l l S i g n
" S u p p l e m e n t a l p r o v i s i o n s
S e e S e c t i o n 9 ( d ) o f t h i s O r d i n a n c e
f o r g a s s t a t i o n p r o v i s i o n s
( c ) C a n o p y S i g n :
" N u m b e r ( m a x i m u m )
" A r e a ( m a x i m u m )
" M i n i m u m c l e a r a n c e
a b o v e g r o u n d
" M u s t b e r i g i d l y
a t t a c h e d
1 p e r e s t a b l i s h m e n t
4 s q . f t .
8 f t .
( d ) A w n i n g S i g n ( p e r m i t t e d o n l y i n l i e u o f W a l l S i g n ; V i l l a g e C o u n c i l
a p p r o v a l r e q u i r e d ) :
" N u m b e r 1 p e r e s t a b l i s h m e n t
" L e t t e r i n g e x c e e d
" L o g o
( e ) D i r e c t o r y S i g n :
" N u m b e r ( m a x i m u m )
( f )
" A r e a ( m a x i m u m )
" L o c a t i o n
" I l l u m i n a t i o n
W i n d o w S i g n ( p e r m a n e n t ) :
" N u m b e r ( m a x i m u m )
" A r e a ( m a x i m u m )
1 l i n e ; l e t t e r s n o t t o
9 i n . i n h e i g h t
M a x i m u m o f 6 s q . f t .
1 p e r m u l t i - t e n a n t b u i l d i n g , i n a d d i t i o n t o
o t h e r p e r m i t t e d S i g n s
3 2 s q . f t .
O n b u i l d i n g w a l l ( o r
f r e e s t a n d i n g w i t h i n i n t e r n a l
c o u r t y a r d )
E x t e r n a l l y o r I n t e r n a l l y I l l u m i n a t e d S i g n s
1 p e r e s t a b l i s h m e n t
4 s q . f t .
1 1
(g) Instructional Sign:
•Number To be approved as part of
site plan
•Area (maximum)
•Height (maximum)
•Other restrictions
4 sq. ft.
2 ft.
No advertising copy
('Subdivision of an existing building or planned building group shall not
entitle the new parcels to additional Monument Signs.
mIn the case of a Multitenant Center, Wall Signs are permitted on walls
that face an access drive or internal courtyard.
(33If the Building Frontage requirement for a Monument Sign precludes an
office building from having a Monument Sign, one building identification
Wall Sign that otherwise meets the Wall Sign standards is authorized.
Sec. 8. Temporary Signs
The following Temporary Signs are authorized in the Village:
Residential Non -Residential
District District
(a) Grand opening or seasonal Banner Sign (permit from Director required) :
•Number (maximum)
•Area (maximum)
•Sign Height (maximum)
•Length of display
(b) Real Estate Signs:
1 per project 1 per lot except two
establishments per calendar
year in a multi -tenant
building
20 sq. ft.
4 ft.
14 days
•Number (maximum) 2 per lot
•Area (maximum)
•Sign Height (maximum)
•Setback (minimum)
(c) Construction Sign:
•Number (maximum)
•Area (maximum)
•Sign Height (maximum)
40 sq.in.each
4 ft.
5 ft.
1 per lot
4 sq. ft.
4 ft.
12
20 sq. ft.
4 ft.
14 days
1 per lot
4 sq. ft.
4 ft.
5 ft.
1 per lot
4 sq. ft.
4 ft.
" S e t b a c k ( m i n i m u m )
" L e n g t h o f d i s p l a y
( d ) M o d e l S i g n :
" N u m b e r ( m a x i m u m )
" A r e a ( m a x i m u m )
" S i g n H e i g h t ( m a x i m u m )
" M o d e l a r r o w s i g n s
" F l a g s
" T i m e l i m i t
( e ) W i n d o w S i g n , t e m p o r a r y :
( f )
( g )
" A r e a ( m a x i m u m )
" T i m e l i m i t
G a r a g e s a l e s i g n :
" N u m b e r ( m a x i m u m )
" A r e a ( m a x i m u m )
" H e i g h t ( m a x i m u m )
" L e n g t h o f d i s p l a y
5 f t .
D u r i n g r e m o -
d e l i n g o r
c o n s t r u c t i o n
1 p e r m o d e l
u n i t l o t a n d
1 p e r o f f i c e
4 s q . f t .
4 f t .
5 f t .
D u r i n g r e m o d e l i n g
o r c o n s t r u c t i o n
[ N o t a p p l i c a b l e ]
l o t
3 p e r d e v e l o p m e n t n o t t o
e x c e e d 2 s q . f t . e a c h
N o t p e r m i t t e d
U n t i l c e r t i f i c a t e o f c o m p l e t i o n / o c c u p a n c y
i s i s s u e d f o r l a s t h o u s e
i n d e v e l o p m e n t
N o t p e r m i t t e d 1 0 % o f w i n d o w a r e a u p t o a
m a x i m u m o f 1 0 s q . f t .
1 p e r l o t
o n - s i t e
6 s q . f t .
4 f t .
1 4 d a y s
N o t p e r m i t t e d
M a x . o f 1 w e e k e n d d u r i n g
6 m o n t h p e r i o d
P o l i t i c a l S i g n ( s e e s e c t i o n 9 ( h ) f o r s u p p l e m e n t a l p r o v i s i o n s ) :
" A r e a ( m a x i m u m ) 2 4 s q . f t . 2 4 s q . f t .
" S i g n H e i g h t ( m a x i m u m ) 6 f t . 6 f t .
" S e t b a c k ( m i n i m u m ) 5 f t . f r o m 5 f t . f r o m
r i g h t o f w a y r i g h t o f w a y
1 3
Sec. 9. Supplemental Regulations
(a) Multitenant Center Sign Graphics Criteria
(1) The owner of a Multitenant Center shall submit to the
Director a written statement of the uniform Sign graphics
criteria of the Multitenant Center. The Director shall
review the criteria and make a recommendation to the
Village Council, which shall have final approval. Once
the criteria have been approved, it shall apply to the
entire center, as well as to each individual occupant,
and shall remain in effect for so long as the center
exists, regardless of a change in ownership or
management, unless and until the owner obtains a new
uniform Sign graphics criteria approval from the Village
Council. Uniform Sign graphics criteria shall include,
but not be limited to, color(s), type of Sign, style of
letters, size of letters (maximum or minimum) and size of
Sign.
(2) A Sign application for any portion of a Multitenant
Center shall contain a written description of the uniform
Sign graphics criteria established at the Multitenant
Center and a sketch thereof. This shall apply to
application for all types of Signs to be displayed at the
location. Written consent of the owner of the
Multitenant Center shall accompany all such applications.
(b) Design Review Guidelines
In reviewing Monument, Wall, Awning or Development
Identification Signs, the Village Council shall use the
following design review criteria:
(1) Number of items: No more than five items shall be
contained in any one sign.
(2) Entrance feature: An entrance feature shall not be
designed so as to effectively increase the size of a
Sign.
(3) Legibility: All Signs shall be designed to be clearly
legible.
(4) Architectural features: Signs shall not be placed on
decorative architectural features.
(5) Building compatibility: The material and colors of all
Signs shall be compatible with the materials and colors
of the building.
14
(6) Illumination of buildings by Externally Illuminated
Signs: There shall be no such illumination of buildings
facing residential properties. The illumination of other
buildings by Externally Illuminated Signs shall not be
brighter than the standard for parking lot and grounds
lighting.
(c) Changeable Copy Signs
(1) In general: Changeable Copy Signs are permitted to be
used only for theaters, other entertainment businesses,
hotels, religious institutions, drive -through
establishments, and gasoline service stations, subject to
the restrictions in subsection (2) below.
(2) Drive -through: Drive -through establishments shall be
permitted to have a Changeable Copy Sign showing menu or
featured items, provided it has a transparent protective
locked cover. The Sign must be affixed to a wall of the
establishment adjacent to the drive-in service window or
located freestanding within and parallel to the drive-in
lane area. If freestanding, the top of the Sign shall
not exceed six feet in height.
(d) Gasoline Station Canopies
When calculating Building Frontage for purposes of determining
Wall Sign size, gasoline station canopies shall not be
included. A company logo not to exceed four square feet shall
be permitted on each side of a canopy but no Wall Sign shall
be permitted thereon.
(e) Rear of Signs
Where the rear or side of any Sign is visible from any street
or from any adjoining residential district, such side or rear
shall present a completely finished appearance.
(f) Nuisance and Safety
(1) Illumination: No Externally or Internally Illuminated
Sign shall cause an unreasonably excessive glare
intensity in an adjacent residential district.
(2) Site triangle: No Monument Sign shall be located within
a 25 foot triangle at the intersection of two public
streets (measured along the property or right-of-way
line) unless it is 30 inches or less in height.
15
(g)
Landscaping of Detached Signs
Unless otherwise provided in the Village of Key Biscayne Code
of Ordinances, all Detached Signs shall be placed in a
planting bed of at least two feet width surrounding the Sign.
This bed shall contain shrubs, flowers or other ground cover,
and shall be shown on the site plan.
(h) Political Signs
(1) Although no permit is required for a Political Sign, each
candidate successfully filing qualifying campaign papers
and each Political Sign Sponsor shall be responsible for
meeting all requirements of this ordinance relative to
Political Signs. The Village Clerk shall furnish a copy
of this ordinance to all qualifying candidates and
Political Sign Sponsors and each shall sign and date an
acknowledgment of receiving this document.
(2) The Director may cause the removal of any Political Sign
erected on public property contrary to the provisions of
this ordinance. The candidate or Political Sign Sponsor
responsible for erecting such Political Sign shall be
liable to the City for the costs incurred in the removal.
The Director may cause the removal of any Political Sign
illegally erected on private property in conformance with
Section 13 hereof.
(3)
All Political Signs shall be removed within seven days
after the election to which they relate. Upon a failure
to remove a Political Sign in a timely fashion, the
Director may cause the removal of the Political Sign and
charge the candidate or Political Sign Sponsor the actual
cost of removal.
Sec. 10. Sign Permits
(a) Required
Except as otherwise set forth herein, it shall be
unlawful for any person to display or install any Sign
without first having obtained a permit.
(b) Applications
(1) Filing: Applications for permits required by this
ordinance shall be filed with the Director upon forms to
be furnished by the Director. Such applications shall
also respond to the structural requirements for Signs as
specified in the South Florida Building Code.
16
(2) Signs requiring Village Council Approval: All Monument,
Wall, Awning and Development Identification Signs, and
Multitenant Center Sign graphics criteria, require prior
review and approval by the Village Council based upon the
recommendations of the Director.
(c) Issuance
Provided the terms of this ordinance have been complied
with, the Director shall issue a permit for each sign and
retain a copy thereof and a copy of the plan. Permits
shall be numbered in order of their issuance.
(d) Time Limitation of Permits
All Signs shall be erected on or before 90 days from the
date of the issuance of a Sign permit. If the Sign is
not erected within such time, the permit shall become
null and void and a new permit shall be required.
(e) Installation Inspection
The contractor or owner securing the permit for any Sign
shall notify the Director and request an inspection
whenever such Sign is being installed, and before any
concrete is poured; a final inspection shall be requested
upon completion. At the time of the final inspection, a
photograph of the completed Sign shall be taken by the
inspector and placed with the plans or file records of
the Sign permit.
(f) Labels
At the time of final inspection, the inspector shall
attach a label to the Sign. The permit number of the
Sign shall be shown on the label and the label shall be
visible from ground level.
(g) Revocations
The Director may revoke a permit or approval, issued
under the provisions of this ordinance, if it is found
that there has been any false statement, concealment or
misrepresentation as to any material fact in the
application or plans upon which the permit or approval
was based.
(h) Variances and Appeals
Anyone seeking a variance to the provisions of this
ordinance or appealing an administrative decision
17
relating to the Sign application or permitting process
shall present such application or appeal to the Council.
An application for variance or an appeal of an
administrative decision shall be made pursuant to Village
zoning requirements and shall be scheduled accordingly
for a hearing by the Village Council.
(
i) Fees
Sign permit fees shall be established, from time to time,
by Resolution of the Village Council.
Sec. 11. Legal Nonconforming Signs
(a) Amortization of 1993 Sign Code Nonconformities
Any Sign that lawfully existed at the time this ordinance
became effective may be continued, although it does not
conform to all the provisions hereof, provided that no
structural alterations are made thereto and that all such
nonconforming signs shall be completely removed from the
premises or made to conform by May 1, 1996. If the owner
of a Sign can document the facts that (1) the Sign was
installed or renovated after January 1, 1990, (2) the
Sign is in sound condition, and (3) the cost of such sign
or renovation exceeded $3,000, then the Council may
extend the amortization period up to May 1, 1998.
(b) Exception to Amortization Schedule
Nonconforming Banner Signs, Buntings, Portable Signs and
Snipe Signs, as well as prohibited signs placed on public
property and utility poles, shall be removed within three
months of the effective date of this ordinance.
(c) Nonconformities Created by Amendments to this Sign Ordinance
Any Sign which may become nonconforming as a result of
any subsequent amendments to this ordinance shall be
completely removed from the premises, or altered to
conform, not later than five years from the date such
Sign becomes nonconforming.
(d) Other Termination of Legal Nonconforming Signs
(1) By abandonment - Abandonment of a legal nonconforming
Sign shall terminate its nonconforming status.
(2) By damage or poor condition - The legal nonconforming
status of a Sign shall cease whenever the Sign is damaged
beyond 50 percent as determined by the Director, from any
18
cause whatever, or to the extent the Sign becomes a
hazard or danger.
(3)
Abandoned and damaged signs, as described in this
section, shall be removed by owners in accordance with
the requirements of section 13 hereof.
Sec. 12. Sign Maintenance
(a) Maintenance
All Signs shall be maintained in a safe, presentable and
good structural condition, which shall include the
replacement of defective parts, repainting, cleaning and
other acts required for the maintenance of said Sign.
The area around the base of the sign shall be kept free
of weeds and debris. If a Sign does not comply with the
above standards, the Director shall require its removal
in accordance with section 13 hereof.
(b) Ineffective Signs
Except as otherwise provided in this ordinance, any Sign
which is located on property that becomes vacant and
unoccupied for a period of 90 days or more, or any Sign
which pertains to a purpose that no longer applies, shall
be deemed ineffective. An ineffective sign is prohibited
and shall be removed by the owner of the premises in
accordance with section 13 hereof.
(c) Dangerous or Defective Signs
No person shall permit to be maintained on any premises
owned or controlled by him, any Sign that is in a
dangerous or defective condition. Any such Sign shall be
removed or repaired by the owner of the Sign or the owner
of the premises.
(d) Unlawful Signs
No person shall erect on any premises owned or controlled
by him any Sign that is prohibited under Section 3 or any
Sign that in any way does not comply with the provisions
of this ordinance or any Sign that has not received a
valid permit (unless specifically exempted therefrom).
19
Sec. 13. Removal of Improper Signs
(a)
The Director shall cause the removal of any Sign in
violation of this ordinance in accordance with the
procedures set forth in the Village of Key Biscayne Code
Enforcement Ordinance.
(b) Emergency
Notwithstanding the above, the Director may cause the
immediate removal of any Sign that poses an immediate
danger to the health, safety or welfare of the community.
The Director may cause the Sign to be made safe as an
alternative to removal. In either event, Village
personnel may enter onto premises, with or without the
property owner's consent, for emergency repair or
removal.
(c) Removal Costs
Costs incurred by the Village's removal of a Sign shall
be charged to the real property owner on whose property
the Sign is located. The Village shall assess the entire
cost of such demolition, removal or repair, which
assessment shall include, but not be limited to, all
administrative costs, postal expenses and newspaper
publication costs. Such charge shall constitute a lien
upon such property. The Village Clerk shall file such
lien in the county's official record book showing the
nature of such lien, the amount thereof and an accurate
legal description of the property. No certificate of use
and occupancy shall be approved for such a property until
the full amount associated with the lien, or the full
amount in the event no lien has yet been filed, has been
paid to the Village by the property owner.
Section 2. Repeal of Conflicting Ordinances. Article VI
of Chapter 33 of the Dade County Code made applicable to the
Village by Article VIII, Sections 8.03 of the Village Charter is
hereby repealed.
Section 3. Severability. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
20
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the
City Council, and it is hereby ordained that the provisions of this
Ordinance shall become and be made a part of the Code of
Ordinances, Village of Key Biscayne; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and that the word "Ordinance" may be changed to
"Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be
effective upon adoption on second reading.
PASSED AND ADOPTED on first reading this
February , 1993.
23rd day of
PASSED AND ADOPTED on second reading this 9th day of
March , 1993.
RAFA H. CONTE, MAYOR
Village Gy..erk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
liootit..4
c rd Ja
Ri
Weiss, ss, Village Attorney
21
The Miami Herald PublishingCompan'
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority
personally appeared:
OLGA L. ARCIA
who on oath says that he/she is:
CUSTODIAN OF RECORDS
of The Miami Herald, a daily news-
paper published at Miami in Dade
County, Florida; that the attached
copy of advertisement was published
in said newspaper in the issues of:
FEBRUARY 16, 1993
ffiant further says that the said
The Miami Herald is a newspaper
published at Miami, in the said
Dade County, Florida and that the
said newspaper has heretofore been
continuously published in said Dade
County, Florida each day and has
been entered as second class mail
matter at the post office in Miami,
in said Dade County, Florida, for a
period of one year next preceding
the first publication of the at-
tached copy of advertisement; and
affiant further says that he has
neither paid nor promised any per-
son, firm or corporation any dis-
count, rebate, commission or refund
for the purpose of securing this
advertisement for publication in
the said newspaper(s).
Sworn to f(nd subscribed before me
this 23r
day of February A.D. 1993
_y Commis n
expires: �i �r°✓��C
irginia
47/747,
'Gallon
One Herald Plaza, Miami, Florida 33132-16931
Village of Key Biscayri
Notice of Zoning Code C314 -
The VILLAGE OF KEY BISCAYNE proposes the following action
the map in the advertisement:
1. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE All: ; 1; ► ric OF
ORDINANCES BY ADDING A CHAPTER ENTITLED "SIGNS 'f ) I I THE
PURPOSE OF THE ORDINANCE; PROVIDING DEFINITIONS; f I PRO-
HIBITED SIGNS; SETTING FORTH REQUIRED SIGNS; PT: 1 I f'DSE
SIGNS THAT MAY BE ERECTED WITHOUT PERMIT; PROVIDIP;I I ILA') IONS
FOR PERMANENT SIGNS IN RESIDENTIAL DISTRICTS; PRO 13 iV ULA-
TIONS FOR PERMANENT SIGNS IN NON-RESIDENTIAL DISTP FOR
TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL SIGH' II : h.I !:,; PRO-
VIDING A PROCEDURE FOR OBTAINING SIGN PERMITS; PR : , G• Q. ; ,:041)RTI-
VATION OF LEGAL NON -CONFORMING SIGNS; PROVIDINGI ' ;'dIA4NTE-
NANCE; PROVIDING A PROCEDURE FOR THE REMOVAL ) ", 3° aNS;
PROVIDING FOR THE REPEAL OF CONFLICTING PROVISION , K 1 SE-
VERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE OA
‘fv�n on
A PUBLIC HEARING ON THIS ORDINANCE WILL BE HELD ON TUESDAY, FEBRUARY
23,1993, AT 7:00 P.M., AT THE COUNCIL CHAMBER, AT 85 WEST MCINTYRE STREET,
SECOND FLOOR, KEY BISCAYNE, FLORIDA 33149.
Copies of the proposed ordinance may be obtained at Key Biscayne Village Hall, Office of
the Village Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149.
Should any person desire to appeal any decision of the Village Council with respect to any
matter to be considered at this meeting, that person shall insure that a verbatim record of the
proceedings is made including all testimony and evidence upon which any appeal may be
based (F.S. 286.0105).
Guido H. Inguanzo, Jr.
Village Clerk
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
TheMiami Herald PublishingCompany
Before the undersigned authority
personally appeared:
OLGA L. ARCIA
who on oath says that he/she is:
CUSTODIAN OF RECORDS
of The Miami Herald, a daily news-
paper published at Miami in Dade
County, Florida; that the attached
copy of advertisement was published
in said newspaper in the issues of:
MARCH 3, 1993
Affiant further says that the said
The Miami Herald is a newspaper
published at Miami, in the said
Dade County, Florida and that the
said newspaper has heretofore been
continuously published in said Dade
County, Florida each day and has
been entered as second class mail
matter at the post office in Miami,
in said Dade County, Florida, for a
period of one year next preceding
the first publication of the at-
tached copy of advertisement; and
affiant further says that he has
neither paid nor promised any per-
son, firm or corporation any dis-
count, rebate, commission or refund
for the purpose of securing this
advertisement for publication in
the said newspaper(s).
Ste,.....
Sworn to And subscribed before me
this 22 day of March A.D. 1993
My Comm' n �/)
expires: . 2 2't� -t'( ,
One Her,-IlJ I'l,»a. 1\Iian1., FloricL 3313-)-1(-03 ( 05) 350-211 1
Village of Key
Notice of Zoning
The VILLAGE OF KEY BISCAYNE propus& ti
the map in the advertisement:
1. AN ORDINANCE OF THE VILLAGE OF KUV' N�:, t&
ORDINANCES BY ADDING A CHAPTFR I. N`rM =wl ;"-i `<, .I, y"°
PURPOSE OF THE ORDINANCE; PROVIDING f.,"
HIBITED SIGNS; SETTING FORTH REQUIIIE
SIGNS THAT MAY BE ERECTED WITHOUT PE•IttPA IOV i` iNG FOR REGULATIONS
FOR PERMANENT SIGNS IN RESIDENT A a OVID NG FOR REGULA-
TIONS FOR PERMANENT SIGNS IN NON-PESIDti_5'TIAi.,. DISTRICTS; PROVIDING FOR
TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL ' a iN REGULATIONS; PRO-
VIDING A PROCEDURE FOR OBTAINING ', 14'36"'w C'',F '..1ITFi: PROVIDING FOR AMORTI-
ZATION OF LEGAL NON -CONFORMING SIGNS; PROViI LAG FOR SIGN MAINTE-
NANCE; PROVIDING A PROCEDURE FO11 THE: R,EMOVAL OF IMPROPER SIGNS;
PROVIDING FOR THE REPEAL OF CONFLiC`i 1 9 _;: ;'ROV,s ;iCNS; PROVIDING FOR SE-
VERABILITY, INCLUSION IN THE CODE AHD AN EFFEC° II DATE.
th;) area shown on
MUM EIS}.
v
MIAMI. PALM DIM
(11 SATINWOOD MIME
IN SAMOS T'OIA T
1'
TM. SI DPIVI
CRAMNOOD DRIVW
OIDISSW190 !Min
IIM[RR RSATSSR DRIVE
NUT NATRE141 DUVZ
NWST NCI1RtM2 STRLCT
INT OWLS n tart silo DRIVE Jr
1
HNC THE CODE OF
ROVIDING FOR THE
TTINO FORTH PRO,
/MING FOR THOSE
%Assc'R .^.RI;
*1? Mc i.TLRW STREW!
.! 1310 DRIV
ST ■A3WT0 DAMS
RASP ENID D3ITS
AVIp1 DOTYW
A PUBLIC HEARING ON THIS ORDINANCE WILL t3F HELD ON `TUESDAY, MARCH 9,
1993, AT 7:00 P.M., AT THE COUNCIL CHAMBER, AT 85 PEST MCINTYRE STREET,
SECOND FLOOR, KEY BISCAYNE, FLORIDA 331'49.
Copies of the proposed ordinance may be obtairg3,:i at'< 7ayne Village Hall, Office of
the Village Clerk, 85 West McIntyre Street, Key 8i .,I.av,;c,, 16,dida 33149.
Should any person desire to appeal any decision i,he Village Council with respect to any
matter to be considered at this meeting, that persoi insure that a verbatim record of the
proceedings is made including all testimony and evidence upon which any appeal may be
based (F. S. 286.0105) .
Guido H. inguanzo, Jr.
Villprie Clerk