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Home My Public Portal About2001-06 Relating to Article Signs of the Zoning and Land Development re Prohibiting SignsORDINANCE NO. 2001-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RELATING TO ARTICLE VIII "SIGNS" OF THE ZONING AND LAND DEVELOPMENT REGULATIONS PROHIBITING POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY AND ESTABLISHING SIZE AND SETBACK REQUIREMENTS FOR POLITICAL SIGNS ON PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 30-191(16) "Prohibited Signs" of the Zoning and Land Development Regulations prohibit signs that extend over the public right of way; and WHEREAS, Section 30-196(7) provides for political signs in the public right of way; and WHEREAS, the above referenced sections of the Zoning and I -and Development Regulations appear to be in conflict with one another; and WHEREAS, Section 30-196(7) provides size regulations that result in signs that are contrary to the public health, safety and welfare of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That Section 30-196(7) "Prohibited Signs" of the Zoning and Land Development Regulations are hereby amended as follows: Sec. 30-196(7). Temporary Signs. (7) Political Sign (see section 30-197(h) for supplemental provisions) Residential District Nonresidential District Area (maximum) 24 4 square feet 24 4 square feet Sign Height (maximum) 6 4 feet 6 4 feet Setback (minimum) 5 ft. from edge of pavement 5 ft. from edge of pavement However. in no instance shall a political sign(s) be located on a public right of way which is adjacent to government owned property. (Coding: Words in type are deletions from existing law; words underscored are additions and words in shading are changes made at first reading). 1 Section 2. 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 3. 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 part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any provision of the Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31 et seq. of the Village Code this Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5. Effective Date. This ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 10th day of July , 2001. PASSED AND ADOPTED on second reading this 28th day of August , 2001. MAYOR JOE I. RASCO CONCHTfA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND L'GAL SUFFIC 0L,. / ill\ RICHARD JAY WEISS, VILLAGE ATTORNEY 2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCE RELATING TO ARTICLE VIII - SIGNS, ETC. in the XXXX Court, was published in said newspaper in the issues of 08/16/2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, re ate, co sstyn or refund for the purpose of securing th' adve ment r publication in the said newspaper (SEAL) i O.V. FERBEYRE persona MARIA I. MESA 'r' *s MY COMMISSION # CC 885640 411, me EXPIRES: March 4,2004 ,:t: - Bonded Thru Notary Public UnderwtiWs VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, August 28, 2001 at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RELATING TO ARTICLE VIII "SIGNS' OF THE ZON- ING AND LAND DEVELOPMENT REGULATIONS PROHIBIT- ING POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY AND ESTABLISHING SIZE AND SETBACK REQUIREMENTS FOR POLITICAL SIGNS ON PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EF- FECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two busi- ness days prior to such proceeding. 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). Comments of any interested party relative to this matter may be submit- ted in writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC Village Clerk 8/16 01-4-54/189523M