(a)

Purpose. The purpose of this article is to promote and protect the public health, safety and general welfare of the Village of Key Biscayne by regulating existing and proposed Signs and other Street graphics within the Village. In particular, these Regulations are intended to preserve the unique aesthetic character of the Village and ensure that Signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the Village and improve vehicular and pedestrian safety and reduce visual pollution.

(b)

Applicability. All Signs shall be erected, placed, established, painted, created, or maintained in the Village only in conformance with the standards, procedures, exemptions, and other requirements of this article. This article is not intended to regulate any Sign which is not visible from another property or from public access areas. Signs posted by the Village, including but not limited to traffic Signs and legal notices, shall not be subject to this article. No Sign shall be permitted except in accordance with the provisions of this article.

(c)

Substitution clause. It is not the intent of this article to afford greater protection to commercial speech than to noncommercial speech. Any Sign, display or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this article. The noncommercial message may occupy the entire Sign area or any portion thereof, and may substitute for or be combined with the commercial message. The Sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the Sign's owner, provided that the Sign is not prohibited and the Sign continues to comply with all requirements of this article, including but not limited to the requirements for permit review for installation or alteration of Signs pursuant to section 30-198.

(d)

Severability.

(1)

The sections, paragraphs, sentences, clauses and phrases of this article are severable, and if any phrase, clause, sentence, paragraph or section of this article shall be declared unconstitutional or void or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this article.

(2)

This subsection shall not be interpreted to limit the effect of subsection (1), or any other applicable severability provision in this Code or any adopting ordinance. The Village Council specifically intends that severability shall be applied to Sign regulations even if the result would be to allow less speech in the Village, whether by subjecting currently exempt Signs to permitting or by some other means.

(3)

This subsection shall not be interpreted to limit the effect of subsections (1) or (2), or any other applicable severability provision in this Code or any adopting ordinance. The Village Council specifically intends that severability shall be applied to prohibited Signs so that each of the prohibited Sign types listed in section 30-191 shall continue to be prohibited irrespective of whether another provision or any Sign prohibition is declared unconstitutional or invalid.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 3, 1-22-13)

The following are prohibited in the Village:

(1)

Abandoned Signs, pursuant to section 30-200.

(2)

Animated Signs.

(3)

Balloon Signs.

(4)

Box Wall Signs.

(5)

Buntings.

(6)

Bus Bench Signs.

(7)

Flags other than one United States flag and one other noncommercial flag together on a pole not to exceed 20 feet in height; one pole each permitted per Building.

(8)

Neon Signs (other than Reverse Channel and Wall Signs where permitted) and neon Building trim.

(9)

Off Premise Signs/Billboards.

(10)

Pole Signs.

(11)

Movable Signs.

(12)

Projecting Signs, except Canopy Signs.

(13)

Roof Signs.

(14)

Snipe Signs.

(15)

Swinging Signs.

(16)

All Signs except those placed by governmental agencies located on public property.

(17)

Any Sign on a utility pole except for the purpose of utility identification.

(18)

Any Sign that could be confused with a traffic Signal or traffic Sign.

(19)

Any Sign that in the opinion of the Village Manager constitutes a safety hazard.

(20)

Any Sign extending over or located within a public Right-of-Way, other than those required to be posted to ensure traffic safety or otherwise pursuant to the requirements of law.

(21)

Logos as the main permitted Sign. A Logo as secondary signage per establishment shall have a Sign area that does not exceed 144 square inches.

(22)

V-signs.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 4, 1-22-13; Ord. No. 2025-09, § 2, 4-8-25)

The following Signs shall be placed where relevant by a property owner:

(1)

Safety Signs. Fire safety markings as may be prescribed by fire authorities.

(2)

House numbers.

a.

Residential Building with four Dwelling Units or less — address numerals at least four inches high but not greater than ten inches.

b.

Residential Building with more than four Dwelling Units and nonresidential Buildings — address numerals at least ten inches high.

c.

On Single-Family Dwelling waterfront properties, address numerals as provided in subsection a. above shall be at least four inches, but not greater than ten inches high, located on the waterside of the property, and shall be clearly visible from the water.

(3)

Handicapped Parking and Access Signs. In accordance with State handicapped Parking and Federal Disabilities Act Access requirements.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-05, § 2, 1-28-20)

The following Signs do not require a permit.

(1)

A Government Instructional Sign.

(2)

Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not in place more than seven days prior to a holiday and are removed within seven days after the holiday ends. The time limitations contained in this paragraph shall not apply during the period November 1 through January 15 each year.

(3)

Temporary Signs for special events by nonprofit entities, subject to approval by the Village 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 Village Manager for additional Signs under proven special circumstances.

(5)

Political Signs.

(6)

Real Estate Signs and Real Estate Open House Signs.

(7)

Garage Sale Signs.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 5, 1-22-13)

The following Signs are authorized in all residential districts and residential-office districts:

(1)

Development Identification Sign. Permitted only for (a) multifamily Buildings with over five Units; (b) Single Family Developments with over five 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 or Private 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.

(2)

Instructional Sign. ⁽¹⁾

⁽¹⁾  Sign permit not required but number and location must be approved as part of Site Plan.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21)

The following Signs are authorized in all nonresidential districts in the Village:

(1)

Wall Sign (permitted only on Buildings where the majority of the Floor Area is in Retail Use.)

(2)

Canopy Sign.

(3)

Awning Sign.

(4)

Directory Sign.

(5)

Window Sign (permanent).

(6)

Instructional Sign.

In the case of a Multitenant Center, Wall Signs are permitted on Walls that face an Access drive or internal courtyard.

(7)

Permitted Signage in Office District.

(8)

Monument Signs. Monument signs shall be permitted only in the C-1 Low Intensity Commercial District, subject to the following restrictions:

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2025-09, § 2, 4-8-25)

(a)

The following requirements shall apply to all Temporary Signs:

(1)

No Temporary Sign of any type or size shall be erected, placed or maintained within any public Right-of-Way, or upon any property owned or leased by the Village, except as authorized by this article.

(2)

No Temporary Sign may be erected on any property in such a manner to preclude or limit the sight distance visibility of drivers of motor vehicles.

(3)

Any person or organization who constructs, erects or causes to be erected a Temporary Sign, or the owner or lessee of the property, where a Temporary Sign is located, shall be responsible for any hazard to the public which is caused by or created by reason of the construction and maintenance of Temporary Signs.

[(4)]

Upon a failure to remove a Temporary Sign which is in violation of this section, the Village Manager may cause the removal of the Temporary Sign and charge the person or organization responsible for the Temporary Sign for the actual cost of removal.

(b)

The following Temporary Signs are authorized in the Village:

(1)

Grand Opening or Seasonal Banner Sign (permit from Village Manager required).

(2)

Real Estate Signs.

(3)

Construction Sign.

(4)

Model Sign.

(5)

Window Sign or Menu Board, Temporary.

(6)

Garage Sale Sign.

(7)

Political Sign.

(8)

Real Estate Open House Sign (in conformance with design specifications as provided by the Village Manager).

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 6, 1-22-13)

(a)

Multitenant Center Sign graphics criteria.

(1)

The owner of a Multitenant Center shall submit to the Village Manager a Written statement of the uniform Sign graphics criteria of the Multitenant Center. The 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 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.

(2)

A Sign application for any portion of a Multitenant Center shall contain a Written description of the uniform Sign graphics criteria established at the Multitenant Center and a sketch thereof. This shall apply to application for all types of Signs to be displayed at the location. Written consent of the owner of the Multitenant Center shall accompany all such applications.

(b)

Design review criteria. In reviewing Multitenant Signs, the Village Manager shall use the following design review criteria:

(1)

Number of items. No more than five items shall be contained in any one Sign.

(2)

Entrance feature. An entrance feature shall not be designed so as to effectively increase the size of a Sign.

(3)

Legibility. All Signs shall be designed to be clearly legible.

(4)

Architectural features. Signs may be placed on a building's decorative architectural feature subject to the following additional criteria:

a.

Signage must be limited to on-premise tenants in the Multitenant Center.

b.

The decorative architectural feature where the Sign is to be located must be adjacent to the Multitenant Center tenant identified.

c.

Signs located on a decorative architectural feature shall not be placed at a height above the story where the tenant is located or above the height of the Multitenant Center building.

d.

Signage shall not exceed ten percent of the area of the façade of the decorative architectural feature on which the sign is placed.

(5)

Building compatibility. The material and colors of all Signs shall be compatible with the materials and colors of the Building.

(6)

Illumination of Buildings by externally Illuminated Signs. There shall be no such illumination of Buildings facing residential properties. The illumination of other Buildings by externally Illuminated Signs shall not be brighter than the standard for Parking Lot and grounds lighting.

(c)

Changeable Copy Signs.

(1)

In general. Changeable Copy Signs are permitted to be used only for theaters, other entertainment businesses, Hotels, religious institutions, drive-through establishments, and Service Stations, subject to the restrictions in subsection (2) below.

(2)

Drive-through. Drive-through establishments shall be permitted to have a Changeable Copy Sign showing menu or featured items, provided it has a transparent protective locked cover. The Sign must be affixed to a Wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area. If freestanding, the top of the Sign shall not exceed six feet in height. (See section 30-113(h).)

(d)

Service Station Canopies. When calculating Building Frontage for purposes of determining Wall Sign size, Service Station Canopies shall not be included. A company logo not to exceed four square feet shall be permitted on each side of a Canopy but no Wall Sign shall be permitted thereon.

(e)

Rear of Signs. Where the rear or side of any Sign is visible from any Street or from any adjoining residential district, such side or rear shall present a completely finished appearance.

(f)

Nuisance and safety.

Illumination. No externally or internally Illuminated Sign shall cause an unreasonably excessive glare intensity in an adjacent residential district.

[g]

Reserved.

(h)

Signs on Golf Carts.

(1)

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.

(2)

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.

(3)

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 Local Business Tax Receipt with an office located in a C-1 Light Intensity Commercial District, O-1 Low Intensity Office District, or at a Hotel or Motel.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 7, 1-22-13; Ord. No. 2022-08, § 2, 10-11-22)

(a)

Required. Except as otherwise set forth herein, it shall be unlawful for any Person to display or install any Sign without first having obtained a permit.

(b)

Applications.

(1)

Filing. Applications for permits required by this chapter shall be filed with the Village Manager upon forms to be furnished by the Village Manager. Such applications shall also respond to the structural requirements for Signs as specified in the Florida Building Code.

(2)

Signs requiring Village Council approval. All Multitenant Center Sign graphics criteria, require prior review and approval by the Village Council based upon the recommendations of the Village Manager.

(c)

Issuance. The Village Manager shall approve or deny the permit within 30 days after receipt of a complete application, based upon whether the application complies with the terms of this article. If the permit is denied, the Village Manager shall prepare a written notice of the decision, describing the applicant's appeal rights pursuant to subsection (h), and provide it to the applicant within the 30-day time period. Permits shall be numbered in order of their issuance.

(d)

Time limitation of permits. All Signs shall be Erected on or before 90 days from the date of the issuance of a Sign permit. If the Sign is not Erected within such time, the permit shall become null and void and a new permit shall be required.

(e)

Installation inspection. The contractor or owner securing the permit for any Sign shall notify the 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.

(f)

Labels. At the time of final inspection, the inspector shall attach a label to the Sign. The permit number of the Sign shall be shown on the label and the label shall be visible from ground level.

(g)

Revocations. The 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.

(h)

Variances and appeals. Shall follow the procedures set forth in Article IV.

(i)

Fees. Sign permit fees shall be established, from time to time, by Resolution of the Village Council.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 8, 1-22-13)

(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 conform to all the provisions hereof, provided that no structural Alterations are made thereto and that all such Nonconforming 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: 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 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 nonconforming Monument Signs located 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 may be continued, reconstructed, or altered as long as the Monument Sign is not expanded or extended and sign illumination is not intensified.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 9, 1-22-13; Ord. No. 2023-06, § 2, 3-14-23)

(a)

Maintenance. All Signs shall be maintained in a safe, presentable and good structural condition, which shall 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 Village Manager shall require its removal in accordance with subsection (d).

(b)

Abandoned Signs. Except as otherwise provided in this chapter, any Sign which is located on property that becomes vacant and unoccupied for a period of 90 days or more, or any Sign which pertains to a purpose that no longer applies, shall be deemed abandoned. An Abandoned Sign is prohibited and shall be removed by the owner.

(c)

Dangerous or defective Signs. No Person shall permit to be maintained on any Premises owned or controlled by him, any Sign that is in a dangerous or defective condition. Any such Sign shall be removed or repaired by the owner of the Sign or the owner of the Premises.

(d)

Unlawful Signs. No Person shall erect on any Premises owned or controlled by him any Sign that is prohibited under section 30-191 or any Sign that in any way does not comply with the provisions of this chapter or any Sign that has not received a valid permit (unless specifically exempted there from).

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 10, 1-22-13)

(a)

Removal. The 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 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 Village Manager may cause the Sign to be made safe as an alternative to removal. In either event, Village personnel may enter onto Premises, with or without the property owner's consent, for emergency repair or removal.

(c)

Removal costs. Costs incurred by the Village's removal of a Sign shall be charged to the real property owner on whose property the Sign is located. The Village shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and Publication costs. Such charge shall constitute a lien upon such property. The Village Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No certificate of use and occupancy shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the Village by the property owner.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)