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Highland Beach commission sends temporary-sign rules to planning board; discusses 8x5 stake signs
Summary
After reviewing other municipalities’ rules and local examples, the commission voted to send proposed changes separating commercial and noncommercial temporary signs (including a 40-square-inch option for commercial real estate signs) to the planning board for further review.
The Town Commission of Highland Beach voted to send proposed changes to the town’s temporary-sign regulations to the planning board for further study and recommendations.
Ingrid Allen, the town planner, opened the discussion by reviewing the commission’s March 4 direction to examine how other municipalities regulate temporary signs and by showing photographs of several local signs. Allen said that Coral Gables, Palm Beach and Manalapan frequently limit single-family real-estate signs to 40 square inches in many zoning districts, while Highland Beach’s code currently allows up to 4 square feet and does not differentiate by sign type or zoning district.
Allen showed staff photographs of existing signs around town and explained enforcement activity: a few signs were the subject of code cases because they exceeded the town’s 4-square-foot limit or were placed in the right of way. She also displayed a 4.1-square-foot example and a much smaller 8-by-5-inch (40-square-inch) example used by other towns to demonstrate the visual difference.
Town Attorney Len Rubin (speaking on legal constraints) reminded the commission that a U.S. Supreme Court decision requires content-neutral regulation of temporary signs: municipalities may regulate size, number, location and duration (time, place and manner) but must avoid content-based limits. Rubin said some municipalities still distinguish commercial from noncommercial signs, and that while the legal defensibility varies, regulating commercial signs (for-sale/rental) by size and form is typically easier to defend than regulating political or other noncommercial signs.
Commissioners discussed several policy options: adopting a uniform smaller size for commercial real-estate signs (the commission repeatedly referenced the 40-square-inch example), limiting the number of signs per parcel (the town code now allows up to four signs per parcel), restricting stakes versus posts, limiting colors (Ocean Ridge was cited as allowing only black-and-white signs), and setting time limits tied to events (for example, limited days before and after an election or special event). Jeff, the town’s building official, confirmed that the town currently interprets the “four signs per parcel” rule to permit multiple stacked small signs provided the overall count per parcel does not exceed four.
After discussion, a commissioner moved to send the signage item (agenda item 10a) to the planning board for further review and to include the commission’s preliminary preference for a smaller commercial sign (the 40-square-inch example) and suggested restrictions on color and duration. Another commissioner seconded the motion; the commission voted unanimously, and the motion carried.
The planning board will consider the commission’s direction, develop draft ordinance language (such as a commercial/noncommercial distinction, limits on number/size/placement, and duration rules), hold any necessary public outreach, and return recommendations to the commission for ordinance readings.
The commission’s action is procedural: no changes to the code were adopted at the meeting. Staff was directed to begin drafting options for the planning board’s review.
