§ 15-1. Scope, purpose, and intent.

(a)

Scope.

(1)

The provisions of this chapter shall govern the number, size, location, and character of all signs which may be permitted either as a principal or accessory use under the terms of this chapter. No signs shall be permitted on a plot or parcel either as a main or accessory use except in accordance with the provisions of this chapter.

(2)

This chapter does not regulate the following:

a.

Government signs on government property, including but not limited to Village signs on easements or property, including public or private easements, owned or controlled by the Village, the County or the State of Florida.

b.

Wayfinding, directional, hazard, life safety, traffic control device, construction control, and similar signs authorized, required or installed by a government agency on private property;

c.

Notices required to be posted by law or ordinance on private property.

(3)

In the event of any conflict between this chapter and any declaration of covenants, bylaws, or other restrictions applying to any property within the Village, the language affording the more restrictive interpretation shall apply.

(4)

The Village specifically finds that these sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the Village to further these interests.

(b)

Purpose and intent.

(1)

Florida Constitution. Article II, Section 7 of the Florida Constitution provides that "[i]t shall be the policy of the state to conserve and protect its natural resources and scenic beauty…" A beautiful environment preserves and enhances the desirability of the Village as a place to live and to do business. Implementing the Florida Constitution is a compelling governmental interest.

(2)

Florida Statutes. Florida law requires local governments to adopt comprehensive plans and implement them through land development regulations (also known as zoning regulations) and approval of development orders that are consistent with the comprehensive plan. See F.S. Ch. 163, Part II. Florida law specifically requires that the Village adopt sign regulations. See F.S. § 163.3202(2)(f). Complying with state law is a compelling governmental interest.

(3)

Village Comprehensive Plan. The Village's Comprehensive Plan requires the Village to ensure the aesthetic character of the Village and to ensure traffic safety on roads within the Village through the regulation of signs, as set forth in detail below. Implementing the Village Comprehensive Plan is a compelling governmental interest.

a.

Future Land Use Element.

GOAL: Maintain the high quality built environment of Bal Harbour by ensuring that all physical development activities adhere to the Village's Land Development Regulations.

Objective: There shall be no land uses that are inconsistent with community's character and with future land uses:

Policy: Review construction and development plans for consistency with the goal set herein, and for conformity with the community's standards.

b.

Transportation Element. Objective IV-1: Provide for a safe and efficient motorized and non-motorized transportation system.

(4)

Case law. In accordance with the U.S. Supreme Court's cases on sign regulation, the regulations in this chapter are not intended to regulate or censor speech based on its content or viewpoint, but rather to regulate the secondary effects of speech that may adversely affect the Village's substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but are not limited to:

a.

Reed v. Town of Gilbert, U.S., 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015) on the topic on noncommercial temporary signs;

b.

Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs and off premise signs;

c.

City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential areas;

d.

Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in residential areas;

e.

Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places;

f.

Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of regulation of commercial speech; and

g.

City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public property.

(5)

Impact of sign clutter. Excessive signage and sign clutter impairs the legibility of the environment, and undermines the effectiveness of governmental signs, traffic control devices and other required signs (such as identification signs) that are essential to identifying locations for the delivery of emergency services and other compelling governmental purposes. The intent of these sign regulations is to enhance the visual environment of the Village, ensure that Village residents, visitors and emergency responders can safely navigate through the Village to their intended destinations, and promote the continued well-being of the Village. It is therefore the purpose of this chapter to promote aesthetics and the public health, safety and general welfare, and assure the adequate provision of light and air within the Village through reasonable, consistent and nondiscriminatory standards for the posting, displaying, erection, use, and maintenance of signs that are no more restrictive than necessary to achieve these governmental interests.

(6)

Specific legislative intent. More specifically, the sign regulations in this chapter are intended to:

a.

Encourage the effective use of signs as a means of communication in the Village;

b.

Maintain and enhance the scenic beauty of the aesthetic environment and the Village's ability to preserve sources of economic development;

c.

Ensure pedestrian and traffic safety;

d.

Minimize the possible adverse effect of signs on nearby public and private property;

e.

Foster the integration of signage with architectural and landscape designs;

f.

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive area of signs which compete for the attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding;

g.

Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;

h.

Encourage and allow signs that are appropriate to the zoning district in which they are located, consistent with and serving the needs of the land uses, activities and functions to which they pertain;

i.

Curtail the size and number of signs to the minimum reasonably necessary to identify a residential or business location, and the nature of such use, and to allow smooth navigation to these locations;

j.

Establish dimensional limits and placement criteria for signs that are legible and proportional to the size of the lot and building on which the sign is to be placed, or to which it pertains;

k.

Regulate signs so that they are effective in performing the function of identifying and safely directing pedestrian and vehicular traffic to a destination;

l.

Preclude signs from conflicting with the principal permitted use of the lot and adjoining lots;

m.

Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians;

n.

Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

o.

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts of the Village;

p.

Allow for traffic control devices without regulation consistent with national standards, because they promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and by notifying road users of regulations and providing nationally consistent warnings and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream and modes of travel, while regulating private signs to ensure that their size, location and other attributes do not impair the effectiveness of such traffic control devices;

q.

Protect property values by precluding, to the maximum extent possible, signs that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;

r.

Protect property values by ensuring that the size, number and appearance of signs are in harmony with buildings, neighborhoods, structures, and conforming signs in the area;

s.

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Village and that complements the natural surroundings in recognition of this Village's reliance on its natural surroundings and beautification efforts as a source of economic advantage as an attractive place to live, work and visit;

t.

Classify and categorize signs by type;

u.

Not regulate signs more than necessary to accomplish the compelling and substantial governmental objectives described herein;

v.

Enable the fair and consistent enforcement of these sign regulations;

w.

Permit, regulate and encourage the use of signs with a scale, graphic character, and type of lighting compatible with buildings and uses in the area;

x.

Establish regulations for the design, erection and maintenance of signs for the purpose of ensuring equitable access to graphic communication, while maintaining a harmonious and aesthetically pleasing visual environment within the Village, recognizing that signs form an integral part of architectural building and site design and require equal attention in their design, placement and construction; and

y.

Be considered the maximum standards allowed for signage, and regulate signs in a permissive manner so that any sign is not allowed unless expressly permitted and not expressly prohibited.

(Ord. No. 608, § 6, 7-17-18)