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Home My Public Portal About2002-05 Amending Section 30-197 Supplemental Regulations re Regulate Signage on Golf Carts and ParkingORDINANCE NO. 2002-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-197 "SUPPLEMENTAL REGULATIONS" OF CHAPTER 30 "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF KEY BISCAYNE TO REGULATE SIGNAGE ON GOLF CARTS; AMENDING SECTION 30-11 REGARDING THE DEFINITION OF VEHICLE SIGN; AMENDING SECTION 26-23 OF CHAPTER 26 "TRAFFIC AND VEHICLES" TO ADD PARAGRAPH (C) REGARDING PARKING OF GOLF CARTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulation of signs on golf carts and golf cart parking is necessary for the public health, safety and welfare; and WHEREAS, on April 9, 2002, the Village Council, sitting as the Land Planning Agency, reviewed the proposed changes to the golf cart sign regulations of the Zoning and Land Development Regulations; and WHEREAS, the Village Council has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the proposed golf cart sign regulations are consistent with the Village of Key Biscayne comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That Section 30-197, "Supplemental Regulations" of Chapter 30 "Zoning and Land Development Regulations is hereby amended to add the following paragraph (I). U) al Signs on Golf Carts. For purposes of this paragraph. a Golf Cart is defined as a motor vehicle designed and manufactured primarily for operation on a golf course for sporting or recreational purposes as defined in Chapter 316.003(68). Florida Statutes. (Coding: Words in type are deletions from existing law; words underscored are additions and words in shading are changes made al first reading). Signs shall be attached to or painted on the vehicle and located below the roof. One sign per golf cart is permitted with a maximum size of two square feet. The sign shall not be illuminated. For a Golf Cart sign related to a commercial use. the business which is the subject of the sign shall have a Village of Key Biscayne Occupational License with an office located in a C-1 Light Intensity Commercial District. 0-1 Low Intensity Office District, or at a Hotel or Motel. Section 2. That Section 30-11, "Definitions" of Chapter 30 "Zoning and Land Development Regulations is hereby amended to amend the definition of Sign, Vehicle as follows: Sign, Vehicle. A sign affixed to or painted on a transportation vehicle, including automobiles, trucks, boats, Trailers, golf carts, and campers, for the purpose of identification or of advertising the commercial use associated with the vehicle. Section 3. That Section 26-23 "Authorized Use" of Chapter 26 "Traffic and Vehicles" is hereby amended to add paragraph (c) as follows: (c) Golf carts that are intended to be leased for any amount of time or to be sold shall only be stored on property that has a Main Permitted Use of a Motel. Hotel. or a use involved in the retail sale of gasoline. The storage of the Golf Carts shall not occur within 10 feet of any property line that faces a street. Golf Carts with signs shall be parked only in a C-1 Light Intensity commercial District. 0-1 Low Intensity Office District. or at a Hotel or Motel. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, c lause o r p hrase o f t his Ordinance s hall for any r eason b e h eld to be i nvalid 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 5. 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 6. 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 2 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 7. That this ordinance shall be in full force and effect upon adoption. PASSED AND ADOPTED on first reading this 23rd day of April, 2002. PASSED AND ADOPTED on second reading this 28th day of May, 2002_.___... f&6 C • ` ' ITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE 1/1'vk \e" -V4 ---- RICHARD JAY WEISS, VILLAGE ATTORNEY 3 -----/VIAND ' JOE I. RA 0 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 Daiiy 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 - MAY 28, 2002 ORDINANCE AMENDING SECTION 30-197, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/15/2002 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, rebate, commission or refund for the purpose of securing thi dvertis r publication in the said newspaper. and subscribed b- •re (SEAL) O.V. FERBEYRE person �wr,w�srr.nw�rra. w..• 40;:lik= MARIA I. MESA �. viy,pcntimissION# CC 835640 w EXPIRES: March 4, 2004 " Bonded Thru Notary Publrc Underwriters VILLAGE OF KEY BISCAYNE MIMIC 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, Kay 28, 2002 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, AMENDING SECTION _30-197 'SUPPLEMENTAL REGULATIONS" OF CHAPTER 30 "ZONING AND LAND DE- VELOPMENT REGULATIONS" OF THE CODE OF ORDI- NANCES OF KEY BISCAYNE TO REGULATE SIGNAGE ON GOLF CARTS; AMENDING SECTION 30-11 REGARDING THE DEFINITION OF VEHICLE SIGN; AMENDING SECTION 26-23 OF CHAPTER' 26 'TRAFFIC AND VEHICLES' TO ADD PARA- GRAPH (C) REGARDING PARKING OF GOLF CARTS; PRO- VIDING FOR-SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTIES; AND PROVID- ING AN EFFECTIVE DATE. The proposed Ordinance maybe 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 shalt 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. 5/15 Conchita H. Alvarez, CMC Village Clerk 02-4-18/264272M