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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 3 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): 4 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 6 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 7 (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. 8 * * * 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 9 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 11 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 12 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. 13 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