HomeMy Public PortalAbout1994-09 Amending Chapter 28 Signs re regulate signage within the borders of the VillageORDINANCE NO. 94-9
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES ENTITLED "SIGNS" BY AMENDING
SECTIONS 28-2, 28-3, 28-5, 28-6, 28-7, 28-8,
28-9, 28-10, 28-11, 28-12 AND 28-13 OF THE
CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS;
PROVIDING FOR SIGNAGE OF GASOLINE STATION
PARCELS; ALLOWING REAL ESTATE OPEN HOUSE SIGNS
IN THE VILLAGE; REQUIRING VILLAGE COUNCIL
APPROVAL FOR MULTITENANT CENTER SIGNS;
PROVIDING FOR THE REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, on March 9, 1993, the Village of Key Biscayne adopted
a Sign Code to regulate signage within the borders of the Village;
and
WHEREAS, the Village Council, upon the advice of the
administrative staff and citizens, desires to amend the sign code
by: (1) allowing for commercial grand opening Signs in non-
residential districts; (2) allowing for Real Estate Open House
Signs throughout the Village; (3) clarifying Sign regulations for
gas stations; and (4) having the Village Manager or his authorized
designee be responsible for the administration of this Ordinance;
and
WHEREAS, the Village Council has determined that the Village
Council approval shall only be required for Multitenant Center
Signs; and
WHEREAS, this proposed ordinance has been advertised in
conformance with Florida Statutes Section 166.041 relating to
zoning ordinances; and
WHEREAS, the Village Council finds that these proposed
amendments will promote the health, safety and welfare of the
citizens of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS:1
Section I: That Section 28-2 of Code of the Village of Key
Biscayne is hereby amended as follows:
Sec. 28-2. Definitions.
* * *
(p) Director: The Director of the Key
Biscayne Department of Community
DcvelopmentBuilding, Zoning and Planning
Department.
(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. A Real Estate Open House Sign shall
ot be considered an Off -Premise
Sign/Billboard.
(vv) Real Estate Open Mouse Sign: A temporary
Sign indicating property for rent, lease or
sale or open for inspection. Such Sign .is
located off -premises, either on the swale . of
the public right-of-way or the swale of
private property (upon permission of the
private property owner), but which shall not
act as an obstruction to vehicular or
pedestrian traffic.
1flighlighted words are additions to text, words struck through
are deletions to text.
2
(ww) Village Manager: The Village Manager of
Key Biscayne or his authorized designee.
Section 2. That Section 28-3 of the Code of the Village of
Key Biscayne is hereby amended as follows:
Sec. 28-3. Prohibited Signs.
* * *
(19) Any sign that in the opinion of the
Director Village Manager constitutes a safety
hazard.
* * *
Section 3. That Section 28-5 of the Code of the Village of
Key Biscayne is hereby amended as follows:
Sec. 28-5. Signs not requiring a permit.
* * *
(3) Temporary signs for special events by
nonprofit entities, subject to approval by the
DirectorVillage Manager.
(4) 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 Village Manager for
additional Signs under proven special
circumstances.
* * *
Section 4. That Section 28-6 of the Code of the Village of
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Key Biscayne is hereby amended as follows:
Sec. 28-6. Residential District Permanent Signs.
The following Signs are authorized in all
residential districts and residential -office
districts:
(1) Development Identification Sign (V "age
Council Approval Required): Permitted only
for (a) multifamily buildings with over 445
units; (b) single-family developments with
over 5 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.
* * *
Section 5. That Section 28-7 of the Code of the Village of
Key Biscayne is hereby amended as follows:
Sec. 28-7. Nonresidential District Signs.
The following signs are authorized in all
nonresidential districts in the Village:
(1) Monument Sign or V -Sign (Village Council
approval required):
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Number (maximum)
1 per parcel; parcel must have
frontage of at least 1501€0. feet on
a public street, except for gasoline
station parcels where a 32 square
foot sign shall be permitted
notwithstanding the street frontage
of the parcel occupied by the
gasoline station.
* * *
(2) Wall Sign (permitted only on buildings
where
the majority of the floor area is in
retail use;
required: (2 )
Village Council approval
* * *
(4) Awning Sign (permitted only in lieu of
Wall Sign; Village Council approval required):
* * *
Section 6. That Section 28-8 of the Code of the Village
Key Biscayne is hereby amended as follows:
Sec. 28-8. Temporary Signs.
The following Temporary Signs are authorized
in the Village:
Residential District
(1)
of
Non -Residential District
Grand opening and/or seasonal Banner
Sign (permit from Director Village
Manager required):
Number (maximum) 1 per project
Area (maximum) 20 sq.ft.
Sign Height (max) 4 ft.
Length of Display 14 days
Frequency one per year
5
1 per lot
except two
establishments
per calendar
year in a multi -
tenant building
20 sq.ft.
4 ft.
14 days
one per year
* * *
(8) Real Estate Open House Sign (in
conformance with design specifications as
provided by the Village Manager):
Number
Area
Sign
Time
(maximum)
Height (max)
Limit
1 per property 1 per property
(2 per property (2 per property
when more than when more than
1 unit is for
lease or sale
on property)
6 square feet
6 feet
Shall only be
permitted
Saturdays and
Sundays 10 a.m.
to 4 p.m.
Must be re-
moved same day
* * *
1 unit Is for
lease or sale
on property)
6 square feet
6 feet
Shall only be
permitted
Saturdays and
Sundays 10 a.m.
to 4 p.m.
Must be re-
moved same day
Section 7. That Section 28-9 of the Code of the Village of
Key Biscayne is amended as follows:
Sec. 28-9. Supplemental Regulations.
(a) Multitenant Center Sign graphics
criteria.
(1) The owner of a Multitenant Center shall
submit to the Director Village Manager a
written statement of the uniform Sign
graphics criteria of the Multitenant
Center. The Dircctor Village Manager
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
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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.
* * *
(b) Design review guidelines. In reviewing
Monument, Wall, Awning or -Development
Idcntifi tion Sign -s, Multitenant Signs,
the Village Council Manager shall use the
following design review criteria:
* * *
(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 chapter relative to
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(3)
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
acknowledgement of receiving this
document.
(2) The Director Village Manager may cause
the removal of any Political Sign erected
on public property contrary to the
provisions of this chapter. 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 Village Manager may cause the
removal of any Political Sign illegally
erected on private property in
conformance with section 28-13 hereof.
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 DirectorVillage Manager may
cause the removal of the Political Sign
and charge the candidate or Political
Sign Sponsor the actual cost of removal.
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* * *
Section 8. That Section 28-10 of the Code of the Village of
Key Biscayne is amended as follows:
Sec. 28-10. Sign permits.
(b) Applications.
(1) Filing: Applications for permits
required by this chapter shall be filed
with the Dircctor Village Manager upon
forms to be furnished by the Director
Village Manager. Such applications shall
also respond to the structural
requirements for Signs as specified in
the South Florida Building Code.
(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 recommendation of the Director
Village Manager.
(c) Issuance. Provided the terms of this
ordinance have been complied with, the
Dircctor Village Manager shall issue a
permit for each sign and retain a copy
thereof and a copy of the plan. Permits
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shall be numbered in order of their
issuance.
* * *
(e) Installation inspection. The contractor
or owner securing the permit for any Sign
shall notify the Director Village Manager
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.
* * *
(g) Revocations.
The D i rcc t or Village
Manager may revoke a permit or approval,
issued under the provisions of this
chapter, 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.
* * *
Section 9. That Section 28-11 of the Code of the Village of
10
(3)
Key Biscayne is amended as follows:
Sec. 28-11. Legal Nonconforming Signs.
* * *
(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
DirectorVillage Manager from any cause
whatever, or to the extent the Sign
becomes a hazard or danger.
Abandoned and damaged signs, as described
in this section, shall be removed by
owners in accordance with the
requirements of section 28-13 hereof.
* * *
Section 10. That Section 28-12 of the Code of the Village of
Key Biscayne is amended as follows:
Sec. 28-12. Sign maintenance.
(a) Maintenance. All Signs shall be
maintained in a safe, presentable and
good structural condition, which shall
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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 DirectorViliage
Manager shall require its removal in
accordance with section 28-13 hereof.
* * *
Section 11. That Section 28-13 of the Code of the Village of
Key Biscayne is amended as follows:
Sec. 28-13. Removal of improper Signs.
(a) Removal. The Director Village Manager
shall cause the removal of any Sign in
violation of this chapter in accordance
with the procedures set forth in the
Village of Key Biscayne Code Enforcement
Ordinance.
(b) Emergency. Notwithstanding the above,
the Dircctor Village Manager may cause
the immediate removal of any Sign that
poses an immediate danger to the health,
safety or welfare of the community. The
Director Village Manager may cause the
Sign to be made safe as an alternative to
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removal. In either event, Village
personnel may enter onto premises, with
or without the property owner's consent,
for emergency repair or removal.
* * *
Section 12. 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 13. 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
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 14. Inclusion in the Code. It is the intention of
the Village Council, and it is hereby ordained that the provisions
of this Ordinance shall become and made a part of the Code of the
Village of Key Biscayne; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 15. Effective Date. This Ordinance shall be
effective upon adoption on second reading.
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PASSED AND ADOPTED on first reading this
October , 1994.
11th
day of
PASSED AND ADOPTED on second reading this 15th day of
November
ATTEST:
, 1994.
3(c9;ze4'
FESTA, MAYOR
GUIDO H. INGUANIZO, JR., VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RI HARD JAY WEISS, VILLAGE ATTORNEY
14
Q li.eMiami Hera
1 Entg1t-ilibber Naming=
PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF FADE
Before the undersigned authority personally appeared:
Carla Debeche
who on oath says that he/she is
DISPLAY ADVERTISING Representative
of The Miami Herald, a daily newspaper published at Miami in Dade
County, Florida; that the advertisement for VILLAGE OF KEY BISCAYNE,
was published in said newspaper in the issues of:
OCTOBER 4, 1994 ON PAGE 8B OF THE MIAMI HERALD
Affiant further says that the said 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 attached copy of advertisement.
BARBARA ACKERIvIAN
Sworn to and subscribed before me
this 2 day of NOVEMBER
A.D. 1994
\:Y Pu OFFICIAL NOTARY SEAL
BARBARA ACKERMAN
i , COMMISSION NUMBER
R f'' '1 Q CC241780
MY COMMISSION EXP.
DEC. 28 1996
Village of Key Biscayne
NOTICE OF ZONING CODE CHANGE
The Village of Key Biscayne proposes the following actions within the area shown in the
map in this advertisement. The following ordinance, on first reading, shall be considered:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 28 OF THE CODE OF ORDINANCES ENTITLES "SIGNS" BY
AMENDING SECTIONS 28-2, 28-3, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-11, 28-12,
AND 28-13 OF THE CODE OF ORDINANCFS; PROVIDING FOR DEFINITIONS;
PROVIDING FOR SIGNAGE OF GASOLINE STATION PARCELS; ALLOWING
REAL ESTATE OPEN HOUSE SIGNS IN THE VILLAGE; REQUIRING VILLAGE
COUNCIL APPROVAL FOR MULTITENANT CENTER SIGNS; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A public hearing on this ordinance will be held on Tuesday, October 11, 1994, 7:00 pan.,
at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida.
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 I -L Inguanzo, Jr.
Village Clerk
Miami 1}Lerutb
linigbt-Ilibbtrikinspaper
PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Carla Debeche
who on oath says that he/she is
DISPLAY ADVERTISING Representative
of The Miami Herald, a daily newspaper published at Miami in Dade
County, Florida; that the advertisement for VILLAGE OF KEY BISCAYNE,
was published in said newspaper in the issues of:
OCTOBER 22, 1994 ON PAGE 5B OF THE MIAMI HERALD
Affiant further says that the said 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 attached copy of advertisement.
Sworn to and subscribed before me
this 2 day of NOVEMBER
A.D. 1994
ot.S2Y P / OFFICIAL NOTARY SEAL
O <i BARBARA ACKERMAN
O.
lf} COMMISSION NUMBER
.1::;),
� .t ' Q CC241780
' �9� � A N. MY COMMISSION EXP.
f y�� DEC. 28.1996
1
Village of Key Biscayne
NOTICE OF ZONING CODE CHANGE
The Village of Key Biscayne proposes the following actions within the area shown in the
map in this advertisement. The following ordinance, on second reading, shall be
considered:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 28 OF THE CODE OF ORDINANCES ENTITLES "SIGNS" BY
AMENDING SECTIONS 28-2, 28-3, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-11, 28-12,
AND 2843 OF THE CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS;
PROVIDING FOR SIGNAGE OF GASOLINE STATION PARCELS; ALLOWING
REAL ESTATE OPEN HOUSE SIGNS IN THE VILLAGE; REQUIRING VILLAGE
COUNCIL APPROVAL FOR MULTITENANT CENTER SIGNS; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A public hearing on this ordinance will be held on Tuesday, October 25, 1994, 7:00 p.m.,
at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida
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