(1)
Purpose. The purpose of this article is to set out regulations for the erection and maintenance of signs while preserving the right of free speech and expression.
(2)
Scope. The regulations of this article shall provide a balanced and fair legal framework for design, construction, and placement of signs that:
(b)
Promotes the efficient communication of messages, and ensures that persons exposed to signs:
1.
Are not overwhelmed by the number of messages presented; and
2.
Are able to exercise freedom of choice to observe or ignore said messages according to the observer's purpose;
3.
Protects the public welfare and enhances the appearance and economic value of the landscape by protecting scenic views and avoiding sign clutter that can compromise the character, quality, and viability of commercial corridors;
4.
Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to brightness, reflectivity, bulk, or height;
5.
Promotes the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with the built environment, in order to meet the objectives related to the quality and character of development set forth in the Comprehensive Plan of the Village of Belleville;
6.
Enhances property values and business opportunities;
7.
Assists in wayfinding; and
8.
Provides fair and consistent permitting and enforcement.
(3)
Authority. The Village Board finds that:
(a)
This ordinance advances important and substantial governmental interests;
(b)
The regulations set out in this ordinance are unrelated to the suppression of constitutionally protected free expression and do not involve the content of protected messages which may be displayed on signs, nor do they involve the viewpoint of individual speakers;
(c)
The incidental restriction on the freedom of speech is no greater than is essential to the furtherance of the interests protected by this ordinance; and
(d)
Certain types of speech are not protected by the First Amendment due to the harm that they cause to individuals or the community, and speech that is harmful to minors may be prohibited in places that are accessible to minors.
(4)
General findings of fact. The Village Board finds that:
(a)
The ability to display signs of reasonable size and dimensions is vital to the health and sustainability of many businesses, and the display of signs with noncommercial messages is a traditional component of the freedom of speech, but the constitutional guarantee of free speech may be limited by appropriate and constrained regulation that is unrelated to the expression itself;
(b)
The Village has an important and substantial interest in preventing sign clutter (which is the proliferation of signs of increasing size and dimensions as a result of competition among property owners for the attention of passing motorists), because sign clutter degrades the character of the community, makes the community a less attractive place for commerce and private investment, and dilutes or obscures messages displayed along the Village's streets by creating visual confusion and aesthetic blight;
(c)
Sign clutter can be prevented by regulations that balance the legitimate needs of individual property owners to convey their commercial and noncommercial messages against the comparable needs of adjacent and nearby property owners and the interest of the community as a whole in providing for a high-quality community character;
(d)
Temporary signs that are not constructed of weather-resistant materials are often damaged or destroyed by wind, rain, and sun, and after such damage or destruction, degrade the aesthetics of the Village's streets if they are not removed;
(e)
The Village has an important and substantial interest in keeping its rights-of-way clear of obstructions and litter;
(f)
The Village has an important and substantial interest in protecting the health of its tree canopy, which contributes to the character and value of the community; and
(g)
The uncontrolled use of off-premises outdoor advertising signs and their location, density, size, shape, motion, illumination and demand for attention can be injurious to the purposes of this article, and destructive to community character and property values, and that, as such, restrictions on the display of off-premises commercial messages are necessary and desirable.















