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Home My Public Portal About2023-06 Amending Section 30-199, Legal Nonconforming Signs of Chapter 30 relating to the continuation, Reconstruction and Alteration of Legal Nonconforming monument signs in the Multifamily and Planned Unit Development ZoO RD IN A N C E N O . 2023-06 A N O RD IN A N C E O F T H E V IL L A G E O F KE Y B ISC A Y N E , F L O RI D A , A M E N D IN G S E C T IO N 30-199, "L E G A L N O N C O N F O RM IN G SIG N S," O F C H A PT E R 30 O F T H E V IL L A G E C O D E O F O RD IN A N C E S RE L A T IN G T O T H E C O N T IN U A T IO N , RE C O N ST R U C T IO N , A N D A L T E RA T IO N O F L E G A L N O N C O N F O RM IN G M O N U M E N T SIG N S IN T H E M U L T IF A M IL Y A N D P L A N N E D U N IT D E V E L O P M E N T Z O N IN G D IST RI C T S ; P R O V ID IN G FO R SE V E RA B IL IT Y ; P R O V ID IN G F O R C O D IF IC A T IO N ; P R O V ID IN G FO R C O N F L IC T S; A N D P R O V ID IN G F O R A N E F F E C T IV E D A T E . W H E RE A S, the Village Council of the Village of Key Biscayne (the "Village") has adopted regulations regulating signage within the Village under Article VIII of Chapter 30 of the Village Code of Ordinances (the "Code"); and W H E RE A S, the Village Council finds it periodically necessary to amend its Code in order to update regulations and procedures to implement planning goals and objectives; and W H E RE A S, the Village Council desires to amend Section 30-199, "Legal Nonconforming Signs," to allow legal nonconforming monument signs to be continued, reconstructed, or altered in the Low Density Multiple Family (RM-10), Medium Density Multiple Family (RM-16), High Density Multiple Family (RM-30), Ocean Club (PUD-1), Grand Bay (PUD-2), and Key Colony (PUD-3) zoning districts as long as the sign is not expanded or extended and sign illumination is not intensified; and W H E RE A S, the Village Council finds that adoption of this Ordinance is in the best interest and welfare of the Village and its residents. N O W , T H E RE F O RE , B E IT O R D A IN E D B Y T H E V IL L A G E C O U N C IL O F T H E V IL L A G E O F K E Y B ISC A Y N E , F L O R ID A , A S F O L L O W S :1 S ection 1. R eci tals. The above-stated recitals are true and correct and are incorporated herein by this reference. S ection 2. A m ending Section 30-199, "L egal N onconfo rm in g Signs," of the V ill age C ode. That Section 30-199, "Legal Nonconforming Signs," of the Code of Key Biscayne, Florida, is hereby amended to read as follows: CHAPTER 30 - ZONING AND LAND DEVELOPMENT REGULA TIO NS *** ARTICLE VIII. - SIGNS 1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with .lo1Jllle stril~ethroMgl~ and double underline Page 1 of 3 *** Section 30-199. Legal Nonconforming Signs. (a) Amortization of 1993 Sign Code Nonconformities. Any Sign that lawfully existed at the time this chapter [Ordinance No. 93-4] became effective may be continued, although it does not confo rm to all the provisions hereof, provided that no structural Alterations are made thereto and that all such Nonconform ing Signs shall be completely removed from the Premises or made to conform by December 31, 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 $3,000.00, 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 chapter. ( c) Nonconformities created by amendments to this Sign ordinance. Any Sign which may become nonconforming as a result of any subsequent amendments to this chapter 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: Abandonm ent 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 Village Manager from any 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 30-201. (e) Continuation of legal Nonconforming Signs. Notwithstanding the foregoing, legal nonconfo 1m ing Monument Signs located in the Low Density Multiple Family (RM- I 0), Medium Density Multiple Family (RM -16), High Density Multiple Family (RM-30), Ocean Club (PUD-1), Grand Bay (PUD-2), and Key Colony (PUD-3) zoning districts may be continued, reconstructed, or altered as long as the Monument Sign is not expanded or extended and sign illumination is not intensified. *** Section 3. Severability. That 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 4. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Page 2 of 3 Code of Ordinances, and that the sections of this Ordinance may be renumbered or relettered to accom plish such intentions. and that the word Ordinance shall be changed to Section or other appro priate word. Section 5. Conflicts. That all ordinances or parts of ordinan ces, resolutions or parts of resolutions, in conflict herew ith, are repealed to the extent of such conflict. Section 6. Effectin Date. That this Ordinance shall become effective im mediately upon final adoption on second reading. PASSED on first reading on the 15th day of __ ~F~eb=re--'Cu=a'--'I)_' __ , 2023. PASSED AND ADOPTED on second reading on the 14th day of March . 2023 . JO E I. RA SCO M A YO R AT T EST: APPROVED AS TO FORM AND LEGALITY: -- .·' . ·._ .•.•.• 1 ~ . W E ISS SE ROTA HELFM A N CO LE & BIERM A N, P.L. VIL LA G E AT TORNEY Page 3 of 3 M IA M I-D A D E STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCES - SECOND READING - MAR. 14, 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 03/03/2023 Affiant further says that the newspaper complies with all legal for publication in chapter 50, Florida Swor and subscribed before me this 3 day of MARCH, A.D. 2023 (SEAL)P;r= GUILLERMO GARCIA personally known to me ·--·-------------"I VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE 'Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, March 14, 2023 at 6:30 p.m., in the Council Chamber, located at 560 Crandon·Boulevard, Key Biscayne, Florida; AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE SUSTAINABILITY ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE· OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES CREATING SECTION. 30-42, "DEVELOPMENT INCENTIVES FOR· STORMWATER MANAGEMENT"; PROVIDING FOR SEVERABILITY; PROViDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. . AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-199, "LEGAL NONCONFORMING SIGNS," OF CHAPTER 30 OF THE VILLAGE CODE OF Ol;IDINANCES RELATING TO THE CONTINUATION, RECONSTRUCTION, AND ALTERATION OF LEGAL NONCONFORMING MONUMENT SIGNS IN THE MULTIFAMILY AND PLANNED UNIT DEVELOPMENT ZONING DISTRICTS; PROVIDING FOR SEVERABILJTY; PROVIDING. FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING. CHAPTER 17., NOISE, SECTION 11-2, PROHIBITED NOISE DISTURBANCES; OF THE VILLAGE CODE OF ORDINANCES REVISING NOISE REGULATIONS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinances may be inspected by the public at the Office of the Village Clerk. Interested parties may appear in person at the Public Hearing and be heard with respect to the proposed Ordinances. 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 persons who.are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West Mclntyre·Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal ariy 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 pa_rty relative to this matter may be submitted in writing via email to publiccomments@keybiscayne.fl.gov or presented in . person at the public· hear_ing. · 3/3 Jocelyn B. Koch, Village Clerk 23-61 /0000648666M