The purpose and intent of this article is to establish a set of standards for the fabrication, erection and use of signs, symbols, markings or advertising devices within the town. These standards are designed to protect and promote the health and safety of persons within the community and to aid and assist in the promotion of a planned residential environment by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices, and minimize the unreasonable restraint upon the needs of the community, while avoiding an environment that encourages visual blight.

(Code 1993, § 26-75)

The administrative official shall cause to be inspected annually, or at such additional times as he/she deems necessary, each sign or advertising structure regulated by this chapter for the purpose of ascertaining if it is in compliance with this article. A reinspection fee as set forth by resolution of the town commission will be paid by the owner of the sign for any required reinspections after notification in writing by the administrative official of an alleged violation of this article.

(Code 1993, § 26-77; Ord. No. 633, § 12, 9-6-2018)

Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the administrative official, the owner thereof or the person maintaining the sign shall secure the sign in a manner approved by the administrative official in conformity with the provisions of this chapter, or immediately remove the dangerous sign. If the administrative official's order is not complied with, the sign shall be removed at the expense of the owner or lessee thereof. In the case of imminent danger, the administrative official shall cause the sign to be removed or repaired immediately and shall bill the owner or the sign lessee for the costs and expenses of removal or repair.

(Code 1993, § 26-78)

The following types of signs of a stationary nature are permitted in all zoning districts:

(1)

Temporary signs.

a.

Residential uses. One unilluminated, freestanding sign with white background, not exceeding 40 square inches in size to advertise the sale or rental of the premises upon which it is erected, and one additional unilluminated sign with white background, not exceeding two square feet in size, said sign to read "Open" or "Open House," may be displayed as an accessory to the advertising sign referred to herein, provided that it shall be displayed only between the hours of 9:00 a.m. to 5:00 p.m. All such signs shall be removed within one week after the premises have been sold or rented.

b.

Construction signs. One unilluminated, freestanding sign with white background denoting the name and telephone number of the architect, or engineer or general contractor when placed on construction sites and not exceeding a total of 40 square inches in surface area, and provided such sign shall be removed upon the issuance of a certificate of occupancy or abandonment of work.

c.

Sign setbacks. No sign permitted by this section shall be closer than three feet from the paved surface of a road.

d.

Double frontage lots. On each of the frontage lots, one unilluminated, freestanding sign with white background, not exceeding 40 square inches in size to advertise the sale or rental of the premises upon which it is erected, and one additional unilluminated sign with white background, not exceeding two square feet in size, said sign to read "Open" or "Open House," may be displayed as an accessory to the advertising sign referred to herein, provided that it shall be displayed only between the hours of 9:00 a.m. to 5:00 p.m.; provided that all such signs shall be removed with one week after the premises have been sold or rented.

e.

Sign-post size and placement of signs. Each sign permitted herein shall be erected on or suspended from a post, rod or pipe composed of metal, and not exceeding one inch diameter or one inch square and six feet long. The bottom of a temporary sign, when attached to the above post, rod or pipe shall be not lower than three feet nor higher than four feet above the surrounding grade.

(2)

Identification signs.

a.

One permanent identification sign not exceeding five square feet in size may be erected or maintained as a freestanding sign in the front yard of any multifamily structure or may be installed flat against the main wall of such multifamily structure, but in no case closer than 20 feet to a street right-of-way.

b.

One permanent identification sign containing letters not exceeding 18 inches in height and 30 feet in length may be attached flat on the wall or entrance gates at the access points of planned residential developments or multifamily structures.

c.

One permanent identification sign not exceeding 30 square feet in area may be erected at the principal entrance to a planned residential development.

d.

Identification signs may be illuminated by a floodlight.

e.

Freestanding signs shall be able to withstand wind pressure of not less than 50 pounds per square feet.

(3)

Governmental signs. Signs of a duly constituted governmental body shall be a special exception use in all land use districts and may be erected only upon site plan approval by the town commission, as provided in this chapter. This requirement shall not include signs erected by the town or its officials, or signs which are otherwise exempt from this article.

(4)

Security signs. Two freestanding signs evidencing the presence of a security, or alarm system not exceeding eighty square inches in size may be erected or maintained on two separate faces of any structure, but in no case farther than ten feet from the structure.

(Ord. No. 540, 3-13-03; Ord. No. 561, § 2, 12-5-2005)

Cross reference— Signs for garage sales, § 2-256.

The following signs are exempt from the provisions of this article:

(1)

Any duly authorized signs erected by the town or its employees or agents; or any signs of a duly constituted governmental body, which are specifically authorized or required by federal or state law, including traffic or similar regulatory devices, legal notices or warnings at water bodies and for which such authorization is preempted to the federal or state government.

(2)

Flags or emblems of the United States, the state or other governmental agency.

(3)

Memorial signs or tablets erected and authorized by the town.

(4)

Directional signs displayed for the public, including signs which identify restrooms, freight entrances or the like, and small instructional signs, including those advising of private property or the like, with a total surface area not exceeding two square feet, on any lot, provided the total sign area and number of signs per lot and placement of each has written approval from the administrative official.

(5)

Address signs indicating only the numerical address, or the numerical address and the name of the street, and restricted to not more than one sign for each separate mailing address on the premises, and one identification sign for each single-family residence. Such signs shall not exceed one square foot surface area each.

(Code 1993, § 26-80)

All signs and advertising devices not expressly permitted or exempted by this article shall be prohibited.

(Code 1993, § 26-81)

(a)

Those signs that were rendered nonconforming by the adoption of Ordinance No. 229, as amended, shall be removed in accordance with the original amortization schedule provided for in Ordinance No. 229, adopted on December 30, 1969, as follows:

Provided, however, that each nonconforming or grandfathered use may erect or maintain only one sign, not to exceed five square feet of surface area for each 25 feet of front yard frontage.

(b)

Nonconforming signs and structures shall not be enlarged, replaced, redesigned or structurally altered except as required by the administrative official in cases where it has been determined that there exists imminent danger to the public safety.

(Code 1993, § 26-82)

Sign permit fees regulated by this chapter shall be as set forth by resolution of the town commission.

(Code 1993, § 26-83; Ord. No. 633, § 13, 9-6-2018)

(a)

Scope, intent, purpose, and findings.

(1)

Scope. The provisions of this section shall regulate the location, number, size, appearance, construction and maintenance of all signs permitted on the beach. This section is not intended to and does not apply to signs constructed, maintained, or otherwise posted, owned, or leased on the beach by the Town of Ocean Ridge, Palm Beach County, the State of Florida, the federal government or their agents including, but not limited to signs for the protection of sea turtles or other federally protected species.

(2)

Intent. Increased numbers and size of signs, as well as the location of signs and illumination from signs, create confusion, visual distractions, and can be harmful to beach visitors and sea turtles. In addition, the indiscriminate construction and maintenance of signs detract from the appearance of the beach. It is therefore the intent of these regulations to promote and protect the public health, safety, general welfare, convenience, and enjoyment of the residents and visitors of the town. More specifically, these sign regulations are intended to:

a.

Standardize the location of all signage on the beach;

b.

Permit, regulate, and encourage the use of signs compatible with beach usage and the protection of sea turtles;

c.

Establish regulations affecting the design, construction, and maintenance of beach signs for the purpose of ensuring equitable means of graphic communication, while maintaining a harmonious and aesthetically pleasing visual environment within the town;

d.

Regulate the appearance and design of beach signs in a manner that promotes and enhances the natural surroundings and beautification efforts of the town as a source of economic advantage;

e.

Maintain and enhance the scenic beauty of the aesthetic environment at the beach and the town's ability to attract tourism and other sources of economic growth;

f.

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all beach areas in the town;

g.

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

h.

Ensure beach user safety;

i.

Regulate location and installation of beach signs so as to protect and not unsafely interfere with beach usage;

j.

Curtail the size and number of beach signs to the minimum reasonably necessary to allow for public communication and other forms of expression at the beach;

k.

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

l.

Protect property values by precluding, to the maximum extent possible, beach signs that create a nuisance to those properties at or near the beach;

m.

Protect property values by ensuring that the size, number, and appearance of beach signs are in harmony with other signs in the area and not excessive;

n.

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

o.

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

p.

Enable the fair and consistent enforcement of beach sign regulations; and

q.

Be considered the maximum standards allowed for signage on the beach.

(3)

Purpose. The regulations in this section 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 Town of Ocean Ridge's substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and beach user and sea turtle safety in conformance with the First Amendment. It is therefore the purpose of this section to promote aesthetics and the public health, safety, and general welfare, and assure the adequate provision of light and air within the Town of Ocean Ridge through reasonable, consistent, and nondiscriminatory standards for the posting, displaying, construction, use, and maintenance of signs and sign structures on the beach that are no more restrictive than necessary to achieve these governmental interests.

(4)

Findings. In addition and supplemental to the findings and determinations contained in the "Whereas" provisions, which are incorporated by reference into this section, the town commission acting in its legislative capacity for the purpose of regulating beach signage, hereby makes the following findings of fact: The reasonable regulation of the location, number, size, use, appearance, construction, and maintenance of beach signs within the town serves a compelling governmental interest, for the following reasons:

a.

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

b.

Florida Statutes. Florida law requires cities 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 Part II of Chapter 163, Florida Statutes. Florida law specifically requires that municipalities adopt sign regulations. See Section 163.3202(2)(f), Florida Statutes. Complying with state law is a compelling governmental interest.

c.

Town Land Development Code, Chapter 70 of the Land Development Code provides in section 70-1 that the chapter's purpose is to "protect and promote the health and safety of persons within the community and to aid and assist in the promotion of a planned residential environment by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices, and minimize the unreasonable restraint upon the needs of the community, while avoiding an environment that encourages visual blight." Protecting and promoting the health and safety of persons within the community is a compelling governmental interest.

The town commission specifically finds that these beach sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of health and safety and aesthetics, and that there is no less restrictive way for the town to further these interests.

(b)

Severability: If any provision of this section is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of the other provisions of this section that can be given effect without the invalid provision.

(1)

Generally: If any part, section, subsection, paragraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, graph, subparagraph, sentence, phrase, clause, term, or word of this section. Should any subsection, paragraph, sentence, clause, phrase, or other part of this section or the adopting ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this section or the adopting ordinance as a whole or any portion or part thereof, other than the part so declared to be invalid.

(2)

Severability where less speech results: Without diminishing or limiting in any way the declaration of severability set forth in subsection (a) above, or elsewhere in this section or the adopting ordinance, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or the adopting ordinance, even if such severability would result in a situation in which there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

(3)

Severability of provisions pertaining to prohibited beach signs: Without diminishing or limiting in any way the declaration of severability set forth in subsection (a), or elsewhere in this section or the adopting ordinance, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or the adopting ordinance or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or the adopting ordinance that pertains to prohibited signs.

(c)

Beach signs: Notwithstanding any other provision of this chapter 70, it shall be unlawful for any person to place, construct, or maintain a sign on the beach unless it conforms to the following criteria:

(1)

Signs are not allowed to be erected or placed on the beach seaward of the toe of the frontal dune, mean high-water line, erosion control line, or toe of a seawall, whichever is more landward. "Frontal dune" for purposes of this section means the first natural or manmade mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and/or configuration to offer protective value.

(2)

Signs shall not contain any lights, reflection, or illumination and shall conform in all manner to all laws applicable to the protection of sea turtles.

(3)

Signs shall be limited in size to 18 inches by 18 inches.

(4)

Signs shall be placed at least 200 feet apart, or one 111 sign at each comer of the property's boundaries if a property line is less than 200 feet.

(5)

Signs, and any associated supporting structure, column, upright pole, or brace, shall be white and shall be wood or PVC. The sign face may be vinyl covered aluminum.

(6)

The text on the signs shall be professionally printed and the top of the signs shall not exceed six feet from grade when posted.

(7)

The face of the signs shall either face to the east or to the west.

(8)

One sign may be attached to or hung by rope or chain across the beach-side access (at or near the toe of the dune) of a privately owned dune crossover if the sign is otherwise compliant with the requirements of subsections (2), (3), and (6) above.

(d)

All persons desiring to erect a beach sign(s) shall apply for a building permit. Sufficient information shall be provided to the town identifying where the proposed sign(s) will be erected including, but not limited to, a survey. If a permit is required from any other regulatory agency, the town shall require proof of such regulatory agency permit's) prior to issuing a building permit to erect a beach sign. The cost of the permit shall be set by town commission resolution.

(e)

Upon the adoption of this ordinance, all existing beach signs which do not conform to the requirements of this ordinance shall be removed within 30 days.

(f)

Any sign or sign structure constructed or installed under the provisions of this article shall be maintained in a safe, functional and sound structural condition at all times. General maintenance of such sign or sign structure shall include the replacement of nonfunctioning, broken, or defective parts, painting, cleaning, and upkeep of the premises immediately surrounding the sign, sign structure, and any other action required for the maintenance of such sign or sign structure. All signs and supporting structures shall be kept painted or treated in some manner to prevent rust, decay, or deterioration.

(Ord. No. 2023-03, § 2, 9-5-2023)