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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 " Other restrictions No advertising copy or logos (nSign permit not required but number and location must be approved as part of site plan. Sec. 7. Non-residential District Signs The following Signs are authorized in all non-residential districts Village: (a) Monument Sign or V -Sign (Village Council approval required): " Number (maximum) " Area (maximum): 300 ft. or more of parcel frontage Less than 300 ft. of Building Frontage Sign Height (maximum) Setback (minimum): From right of way line From side property line Illumination Supplemental provisions: Option on number signs if parcel has 300 or more feet of Building Frontage and two two-way access points Time and Temperature Sign authorized within total permitted Sign area in the 1 per parcel; parcel must have frontage of at least 150 feet on a public streetw 24 sq.ft. 16 sq.ft. 4 ft. 5 ft. 20 ft. Externally Illuminated 2 signs each 12 sq.ft. or less Sign only Landscaping and visibility sight triangle on corner lot See Section 9(f) of this Ordinance (b) Wall Sign (permitted only on buildings where the majority of the floor area is in retail use; Village Council approval required):(2) " Type Reverse Channel Wall Sign only " Number (maximum) 1 per ground or second floor establishment which has its own frontage and entrance facing a public street�) 10 " Area (maximum) " Illumination 1 sq.ft. for each 1 lineal ft. of Building Frontage See definition of Reverse Channel Wall Sign " Supplemental provisions See Section 9(d) of this Ordinance for gas station provisions (c) Canopy Sign: " Number (maximum) " Area (maximum) " Minimum clearance above ground " Must be rigidly attached 1 per establishment 4 sq.ft. 8 ft. (d) Awning Sign (permitted only in lieu of Wall Sign; Village Council approval required): " Number 1 per establishment " Lettering exceed " Logo (e) Directory Sign: " Number (maximum) (f) " Area (maximum) " Location " Illumination Window Sign (permanent): " Number (maximum) " Area (maximum) 1 line; letters not to 9 in. in height Maximum of 6 sq.ft. 1 per multi -tenant building, in addition to other permitted Signs 32 sq.ft. On building wall (or freestanding within internal courtyard) Externally or Internally Illuminated Signs 1 per establishment 4 sq. ft. 11 (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. " Setback (minimum) " Length of display (d) Model Sign: " Number (maximum) " Area (maximum) " Sign Height (maximum) " Model arrow signs " Flags " Time limit (e) Window Sign, temporary: (f) (g) " Area (maximum) " Time limit Garage sale sign: " Number (maximum) " Area (maximum) " Height (maximum) " Length of display 5 ft. During remo- deling or construction 1 per model unit lot and 1 per office 4 sq. ft. 4 ft. 5 ft. During remodeling or construction [Not applicable] lot 3 per development not to exceed 2 sq. ft. each Not permitted Until certificate of completion/occupancy is issued for last house in development Not permitted 10% of window area up to a maximum of 10 sq.ft. 1 per lot on -site 6 sq. ft. 4 ft. 14 days Not permitted Max. of 1 weekend during 6 month period Political Sign (see section 9(h) for supplemental provisions): " Area (maximum) 24 sq. ft. 24 sq. ft. " Sign Height (maximum) 6 ft. 6 ft. " Setback (minimum) 5 ft. from 5 ft. from right of way right of way 13 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