It is the purpose of this chapter to promote the public health, safety and general welfare through reasonable, consistent and non-discriminatory sign standards. The sign regulations in this chapter are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech and especially insofar as those secondary effects may adversely affect aesthetics, traffic or pedestrian safety. The purposes of these sign regulations are:

(A)

To encourage the effective use of signs as a means of communication in the City;

(B)

To provide a means of way-finding in the community, thus reducing driver confusion and traffic congestion;

(C)

To maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development;

(D)

To regulate signs to curtail visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs so as to not obstruct the vision of or distract motorists, bicyclists, or pedestrians and vehicular traffic;

(E)

To curtail the size and number of signs to the minimum reasonably necessary to identify a residential or business location and the nature of any land uses, activities and functions to which they pertain;

(F)

To improve pedestrian and traffic safety;

(G)

To differentiate among those signs that, because of their location, may distract drivers in active traffic and those that may provide information to them while they remain in their cars but out of active traffic;

(H)

To 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;

(I)

To minimize the possible adverse effects of signs on nearby public and private property;

(J)

To establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

(K)

To implement the provisions of the Comprehensive Plan, as updated from time to time;

(L)

To enable the fair and consistent enforcement of these sign regulations;

(M)

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

(N)

To 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; and

(O)

To regulate signs no more than necessary to accomplish the compelling and substantial government objectives described herein.

(P)

These regulations are not intended to and do not apply to signs erected, maintained or otherwise posted and/or leased by the State, the federal government, the County or the City. The inclusion of "government" in describing some signs does not intend to subject the government to regulation, but instead helps illuminate the type of sign that falls within the immunities of the government from regulation.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Applicability. A sign may be erected, placed, established, painted, created, altered, or maintained on public or private property in the City only in conformance with the standards, procedures, exemptions, and other requirements of this Article. Certain zoning districts contain their own signage regulations that are unique to the applicable district. Where the provisions of this Article conflict with the signage provisions contained within any zoning district, the signage regulations of the specific zoning district will prevail to the extent of such conflict.

(B)

Effect. The effect of this Article, as more specifically set forth herein, is:

(1)

To establish a permit system to allow a variety of types of signs in commercial, industrial and some mixed-use zoning districts, and a limited variety of signs in other zoning districts, subject to the standards and the permit procedures of this Article;

(2)

To allow certain signs, based upon their function, small size, and unobtrusive nature, subject to the substantive requirements of this Article, but without a requirement for a City sign permit;

(3)

To provide for temporary signs in limited circumstances;

(4)

To prohibit all signs not expressly permitted by this Article; and

(5)

To provide for the enforcement of the provisions of this Article.

(C)

Transitional provisions.

(1)

Existing signs. All signs legally erected pursuant to a issued permit prior to the effective date of the ordinance adopting this Article ("Article") or any amendment hereto, may remain in place and in use, subject to certain restrictions on modification, replacement, and other actions affecting signs not in conformance with the provisions of this Article, as set forth in Section 145-180, Nonconforming signs.

(2)

Existing permits. All holders of permits for signs issued legally prior to the effective date of this Article, or any amendment hereto, may erect the signs which are the subject of such permits within the times allowed by such permits, and such signs shall then be treated as though they had been erected prior to the effective date of this Article. However, such permits may not be extended or amended unless the sign which is the subject of such permit will conform to all of the requirements of this Article as it exists at such time.

(3)

Existing violations. All violations of the sign regulations repealed in favor of this Article shall remain violations of the ordinances of the City and all penalties and enforcement remedies set forth hereunder shall be available to the City as though the violation were a violation of this Article. However, if the effect of this Article is to make a sign that was formerly nonconforming become conforming, then enforcement action shall cease except to the extent of collecting penalties (other than removal of the sign) for violations that occurred prior to the effective date of this Article.

(D)

In accordance with F.S. §§ 526.111, 526.121, and 553.79, as amended, this Article shall not apply to the design, construction, or location of signage advertising the retail price of gasoline.

(E)

In accordance with F.S. § 553.79, as amended, this Article does not authorize the City to adopt or enforce any regulation that conflicts with or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme insignia, image standards, or other features of corporate branding identity on real property or improvements thereon used in activities conducted under F.S. ch. 526, or in carrying out business activities defined as a franchise by Federal Trade Commission regulations in 16 C.F.R. section 436.1, et. seq. This subsection does not affect any requirement for design and construction in the Florida Building Code.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Computation of sign area of individual signs. The area of a sign consists of the area within the perimeter of the sign faces. For signs composed of individual symbols, letters, figures, illustrations, graphics, messages, representations, emblems, forms or panels, sign area shall be computed by means of the smallest square, circle, rectangle, or triangle, that will encompass the extreme limits of same.

(B)

Computation of area of double-faced signs.

(1)

The area of a double-faced sign with sign faces that are parallel or the interior angle of the two (2) faces is fifteen (15) degrees or less, shall be calculated using the area of only one sign face.

(2)

The area of a double-faced sign with sign faces having an interior angle of more than fifteen (15) degrees shall be calculated using the area of both sign faces added together to determine the total area of a sign based on the principal that all sign elements that can be seen at one time, from one vantage point, shall be counted in measuring signage area.

(3)

Signs with more than two (2) faces are prohibited.

(C)

Computation of height. The height of a sign shall be computed as the vertical distance from the average elevation of the crown of the street(s) along the entire length of the property frontage upon which the sign is placed to the top of the highest attached component of the sign.

(D)

Computations based upon frontage. Lots fronting on two (2) or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the street or building wall frontage, as applicable, on that street.

(E)

Determination of primary street frontage. In the event a property has multiple street frontages, and these regulations require the determination of a primary street frontage, the Director of Community Development Services or the Director of Community Development Services' designee shall determine which constitutes the primary frontage based upon consideration of the following criteria:

(1)

Arterial roadways generally constitute primary frontage.

(2)

A roadway onto which a property has its vehicular access generally constitutes primary frontage as contrasted with a roadway onto which the property has no vehicular access.

(3)

When one street frontage is at least twenty-five (25) percent longer than another, it constitutes the primary street frontage provided criteria A. and B. do not indicate otherwise.

(4)

If the Director of Community Development Services or the Director of Community Development Services' designee believes the criteria above do not adequately provide guidance, the Director of Community Development Services or the Director of Community Development Services' designee may take into account the nature of the vehicular access (i.e. full access versus right-in, right-out only), traffic volumes using each access point, and other considerations consistent with the intent of this provision, as established by the nature of the criteria contained herein and the intent and purpose of this Article.

(5)

If warranted after careful consideration of the above criteria, the Director of Community Development Services or the Director of Community Development Services' designee may find that it is not possible to determine the primary frontage, in which case the signage allowance for the primary frontage shall be permitted along all frontages satisfying the above criteria.

(F)

Fractional measurements. Any calculation that results in a fractional measurement shall be rounded down to the next lowest whole number. For example, if one sign is allowed per one hundred (100) feet of street frontage and a lot has one hundred ninety (190) feet of street frontage, only one sign shall be permitted.

(G)

Distance separations. Required distance between signs and other required distances shall be measured in a straight line using the shortest airline distance from the closest point of a sign to the closest point of another sign or feature for which the separation is required.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

Rules of Interpretation. Words and phrases used in this Article shall have the meanings set forth in this Section. Words and phrases not defined in this Section but defined elsewhere in the ULDR shall be given the meanings set forth there. All other words and terms not defined herein shall be interpreted in accord with their legal meaning and where no legal meaning is available, the terms shall be interpreted in accord with the meaning contained in the most recent edition of Webster's Unabridged Dictionary using the customary meaning of the word given the context of the provision containing the word. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Article. In interpreting this Article, the following words and phrases shall be given the specific definitions used here:

Accessory sign shall mean a sign that is incidental and subordinate to the principal use of the premises. An accessory sign includes but is not limited to: on-site directional signs for vehicles and pedestrians, parking restrictions, warnings and other similar signs.

Address sign shall mean a sign containing only the address of the premises upon which it is located.

Advertising shall mean a sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property.

Advertising bench shall mean a bench bearing signage. Although the term includes the word "advertising," which is specifically defined herein, the term shall also include a bench bearing noncommercial signage.

A-frame signs are freestanding portable signs ordinarily in the shape of an "A" or some variation thereof that is double-faced. A-frame signs are not considered temporary signs.

Animated sign shall mean any sign that uses movement or change of lighting to depict action, to create a special effect or scene, or to display a message with streaming text.

Attached sign shall mean any sign attached to any part of a building or projection thereof, including but not limited to, signage on building walls, awnings, canopies and marquees, and as contrasted to a "Freestanding Sign."

Attention-attracting device shall mean any device or object visible from any public street which is primarily designed to attract the attention of the public to a business(s), institution, sign, or activity through such means, including, but not limited to, illumination, color, size, moving parts, or location. Attention-attracting devices or objects oftentimes incorporate illumination, which may be stationary, moving, turning, blinking (including animation) or flashing. Attention-attracting devices may or may not convey a message and can include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, electronically controlled message boards (time/temperature signs, gas price signs, public service announcements, etc.), banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other device/objects designed to attract attention. Approved traffic-control devices are not considered to be attention-attracting devices for purposes of this Article.

Awning sign shall mean a sign attached to, or incorporated into an awning.

Banner shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institutional use shall not be considered a banner.

Beacon shall mean any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

Box sign: See "Cabinet Sign."

Building frontage shall mean the portion(s) of the facade of a building facing, and roughly parallel with, a collector or arterial street, as well as facades without street frontage that serve as storefronts and/or main public entrances.

Building marker shall mean any wall sign indicating the name of a building, and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

Cabinet sign shall mean any sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device, whether illuminated or not.

Campaign sign shall mean a temporary sign expressing or requesting support or opposition for a candidate, political party for public office or a ballot measure, or otherwise stating a position regarding an issue upon which the voters of the City have the opportunity to vote, but bearing no commercial message whatsoever.

Canopy, motor fuel pump island shall mean a permanent roof-like structure erected above motor fuel pump islands to shelter patrons from sun and precipitation, often containing lights on its underside, and having a vertical surface around its perimeter where signage can be placed.

Canopy sign shall mean a sign that is a part of, or attached to, a canopy. The term "canopy sign" does not refer to motor fuel pump island canopies signs unless specified.

Changeable copy sign shall mean a static display sign that is capable of changing the position or format of word messages or other displays on the sign face and that can also change the visible display of words, numbers, symbols, and graphics by the use of a matrix of electric lamps, movable discs, moveable panels, light apertures, or other methods, and such changes are actuated by a control mechanism or manually on the face of the sign. A sign on which the message visible at any given moment changes more than once in any ten (10) second period shall be considered an animated sign and not a changeable copy sign for purposes of this Article.

Commercial message shall mean any sign, wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, attraction, or other commercial activity.

Community identification sign shall mean a sign located at one or more entrances to a neighborhood, subdivision or multiple-family development, identifying the name of same, and for multiple-family developments, indicating that the development is a rental community, as applicable.

Community service sign shall mean a temporary sign that advertises only a function of a nonprofit organization.

Construction sign shall mean a temporary sign that provides information as to the parties involved in a future development or current construction on the property upon which the sign is located. Information is limited to the names of the project team member companies such as the general contractor, architect, planner or Manager, lending institution, and owner or agent, and the telephone number for the owner or agent.

Copy shall mean the linguistic or graphic content of a sign, including logos.

Detached wall sign shall mean a sign attached to a fence or wall extending in front of or to the side of a building which fence or wall does not enclose space.

Directory sign shall mean a ground or building sign that lists tenants or occupants of a building or project, with unit numbers, arrows, or other directional information.

Directional sign shall mean a sign used to direct visitors or customers to a particular land use.

Enforcement official shall mean a person charged by the City with enforcement of this Article.

External illumination shall mean illuminated by an exterior light source or luminous tubing which is primarily designed to illuminate only the sign.

Feather Flag Sign or Feather banner shall mean a flexible pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," [and] "teardrop banners".

Flag shall mean any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of an existing government, political subdivision, or other entity, and contains no commercial message (see "Banner") The flag of a not-for-profit institution shall not be considered to contain a commercial message. The display and use of the flag of the United States of America by civilians or civilian groups or organizations shall comply with 36 United States Code, Sections 173, 174 et seq., as amended.

Flashing sign shall mean a sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects. "Flashing" Sign for purpose of this Article shall include any sign with a strobe light or strobe—like effect.

Freestanding sign shall mean a sign supported by a sign structure secured to the ground and not attached to a building, fence, wall, or other structure other than its own structure for support.

Free expression sign shall mean a sign communicating information or views on matters of public policy concern, or containing any other noncommercial message.

Inflatable sign or device shall mean an inflatable sign or device, called simply "inflatable" in this Article, means a non-durable sign made of canvas, plastic or other soft material, tethered to the ground or a building and inflated continuously through the operation of a fan or other air-moving device.

Government sign shall mean a government sign is a sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government, either directly or to enforce a property owner's rights.

Incidental sign shall mean a sign containing noncommercial information—except as provided in this Article for signs indicating a property is protected by an alarm system—that has a purpose customarily secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," "drive-thru," "additional parking in rear," and similar information and directives.

Institutional sign shall mean a permanent sign used on the premises of a government, or institutional use, including places of worship.

Internal illumination shall mean a light source concealed or contained within the sign, and which becomes visible by shining through a translucent surface.

Logo shall mean a design, crest, letter, character, symbol, emblem, trademark or graphic device or combinations thereof, used to identify an organization, business, or corporation.

Marquee sign shall mean a business sign painted on or attached to the face of a marquee, which is attached to the principal structure on the lot.

Monument sign shall mean a freestanding sign consistent with one of the following designs:

Type 1: Having a solid appearance with a solid base or the appearance of a solid base, touching the ground and not exceeding a ratio of sign width to base support width of greater than three to one (3:1); illustrated in Figure 145-1.

Type 2: Having two (2) supports on either side of the signage, such that the signage is contained in the area between the supports, with a clearance above the ground of no more than three (3) feet from the bottom of the signage structure to the ground, consistent with the illustration in Figure 145-2.

Type 3: Having two (2) supports with suspended signage consistent with the illustration in Figure 145-3.

Type 4: Having one support with suspended signage only in the form illustrated in Figure 145-4.

Figure 145-1. Type 1 monument sign.

Figure 145-2. Type 2 monument sign.

Figure 145-3. Type 3 monument sign.

Figure 145-4. Type 4 monument sign.

Nonconforming sign shall mean any sign that does not conform to the requirements of this Article.

Obscene or pornographic signs shall mean signs that meet the following criteria, as determined by the Director of Community Development Services or the Director of Community Development's designee and/or the City of Wilton Manors Special Magistrate:

(a)

The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;

(b)

Depicts or describes, in a patently offensive way, sexual conduct; and

(c)

Taken as a whole, lack serious literary, artistic, political, or scientific value.

Occupant shall mean a business or other nonresidential use located within a structure.

Off-premises sign shall mean a sign which directs attention to a business, commodity, service, or establishment not exclusively related to the premises where such sign is located or to which it is affixed.

On-premises sign shall mean any sign with a commercial message that is located upon the premises where the subject of the message is furnished, sold or taking place, and any noncommercial message regardless of location.

Pennant shall mean any lightweight plastic, fabric, or other material, whether or not containing a message of any kind suspended from a rope, wire, or string, usually in series, designated to move in the wind.

Permanent sign shall mean any of the types of signs specifically listed within the ULDR as a permitted sign, and which is installed and maintained in a fixed location for an indefinite period of time.

Permit or sign permit shall mean a City of Wilton Manors sign permit, issued under the ULDR to ensure compliance with the standards and requirements of this Article and other applicable provisions of the ULDR. The term "permit" shall not refer to a permit required or issued under the Florida Building Code unless the permit is referred to as a "building permit" or is specifically used in a given provision to pertain to a building permit or the Florida Building Code.

Permitted sign shall mean any allowed sign.

Pole sign shall mean any detached sign located on one or more stationary poles and otherwise separated from the ground by air.

Portable sign shall mean a sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; menu and sandwich board signs; balloons used as signs; and umbrellas used as signs. Portable signs are not considered temporary signs.

Project sign shall mean a temporary sign that provides information as to a future development or current construction on the property upon which the sign is located. Information is limited to the name of the project, the size and nature of the development, expected completion date and a rendering depicting the completed development.

Projecting sign shall mean any sign attached to a building wall and extending laterally more than twelve (12) inches from the face of such wall.

Real estate sign shall mean a temporary sign erected by the owner or owner's agent, indicating that the real property upon which the sign is located is for rent, sales or lease.

Revolving or rotating sign shall mean a sign that revolves or rotates.

Roof sign shall mean a sign that is placed above on, or over the roof, or extending above the roofline, and that is dependent upon the roof, parapet, or upper walls of a building or portion thereof for support.

Sandwich board sign shall mean a portable freestanding sign in the shape of an "A" or some variation thereof, which is not permanently attached to the ground or any structure with only two (2) visible sides. A sandwich board sign is not considered a temporary sign.

Seasonal/holiday sign shall mean a temporary sign whose symbols, graphics, colors, shapes, and word, as applicable, are customarily associated with and used for emphasizing the celebration of a recognized holiday. Such signs include festoons of lights.

Sexual conduct shall mean actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct."

Sidewalk/sandwich sign: See "Portable sign."

Sign shall mean any device, fixture, placard, or structure placed or otherwise visible outdoors, that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify a person or entity, attract attention, or to communicate information of any kind to the public. Logos, trademarks, insignias and similar emblems shall be considered as signs.

Sign face shall mean the part of the sign that is, or can be, used to identify, advertise, communicate information or for visual representation, that attracts the attention of the public for any purpose, and includes any material, color, panel, trim and self or direct illumination forming an integral part of the background of the display or used to differentiate the sign from the backdrop, surface or structure against which it is placed. The sign structure, including any supporting framework, bracing or other structural component, shall not be included as a portion of the sign face provided that no part of such structural component contains or displays, or includes in its design, any of the aforementioned sign face criteria, and cannot be construed to a part of a sign face.

Snipe sign shall mean a sign of any material when attached in any way to trees, telephone poles, utility poles, stakes, fences, benches, trash receptacles or other objects, where such sign may or may not apply to the premises upon which the sign is located, and including cardboard signs on sticks and similar signage materials.

Suspended sign shall mean a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

T-frame sign shall mean a freestanding portable sign ordinarily in the shape of an upside down "T" or some variation thereof, which is not permanently attached to the ground or any structure. T-frame signs are not considered temporary signs.

Temporary sign shall mean unless otherwise specified, any sign permitted in these regulations to be erected only on a temporary basis, and not permanently affixed to the ground, building, or permanent structure. Temporary signs include but are not limited to: Construction signs, community service signs, project signs, real estate signs, seasonal/holiday signs, grand openings and promotion signs, and campaign signs.

Vehicle sign shall mean a permanent or temporary sign affixed to, or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, the primary purpose of which is to attract the attention of the traveling public, provided that this definition does not include any signs that are required by an unit of government and does not include a single sign placed upon a single vehicle or trailer at a residence of an individual, which sign identifies the vehicle or trailer as being for sale. Signs affixed to vehicles used in day to day business operations that are usually off the site of the business and in varying locations shall not be considered vehicle signs.

Wall sign shall mean any sign attached and parallel to, and with all portions of the sign extending not more than twelve (12) inches beyond a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Wall signs extending more than twelve (12) inches from a wall are "Projecting Signs."

Wind sign shall mean a sign that uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, including but not limited to banners, flags, pennants, ribbons, spinners, streamers or captive balloons.

Window sign shall mean any sign, picture, symbol or combination designed to communicate information about an activity, business, commodity, event, sale or service, that is painted or placed either on the exterior of a window pane, door, glass, and/or inside a window, or located within ten (10) feet or less of the interior of a building's exterior glass area, including but not limited to doors and windows.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2016-016, § 3, 7-25-17; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained herein to the contrary, any permanent sign erected pursuant to the provisions of this Article may, at the option of the owner, contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a lawful commercial message (i.e. On-Premises). The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one (1) noncommercial message to another, as frequently as desired by the owner of the sign and without the need for City approval unless otherwise required by the Florida Building Code, provided the sign conforms to all regulations herein, including permitted sign type, size, and design criteria.

(B)

Content neutrality as to sign message (viewpoint). Notwithstanding anything to the contrary contained in this Article, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

(C)

Use of land without principal building. Where there is no principal building on a site, the maximum total sign area limitation in nonresidential districts is ten (10) square feet.

(D)

Single-occupant commercial and industrial uses. Such uses of a lot utilizing both wall and monument signage are entitled to eighty-five (85) percent of the combined signage allowance for monument and wall signage. The fifteen (15) percent reduction in allowable sign area may be applied to the monument sign allowance, wall sign allowance, or both. This provision does not apply if either wall or monument signage, not both, is utilized.

(E)

Accessory structure signage is limited to identification of the accessory use only. No accessory structure signage is permitted within RS, RD, RO and ROSC districts. Accessory structure signage in all other districts is limited to 0.5 square feet of signage per linear foot of the accessory structure surface to which the sign is attached, not to exceed ten (10) square feet.

(F)

Alley signage. Signs fronting on an alley are prohibited except for lots with a parking lot or garage abutting or adjacent to the alley, or where the alley provides a means of public vehicular entrance to a business, in which case additional signage is permitted along the alley, and the permitted signage area shall be the same as if the sign fronted on a street.

(G)

Governmental sign posting. Nothing in this Article shall limit the posting of signs by a governmental agency with copy relating to legal notices, warnings, traffic or safety, nor any signage posted by the City of Wilton Manors upon any right-of-way or other public property.

(H)

Clear site distance triangle. No sign shall be located within the clear site distance triangle required in Section 155-070, Site distance triangle.

(I)

Permitted characteristics. The characteristics of the sign shall conform to the limitations of Table 145-1, and with any additional limitations on characteristics listed in this Section.

(1)

"N" in a column indicates that a characteristic is not permitted in that zoning district under any circumstances.

(2)

"P" in a column indicates that a characteristic is allowed on an attached sign or freestanding sign.

(3)

"C" in a column indicates that a characteristic is not generally allowed on a wall sign or ground sign, but is allowed under certain conditions specified in this Section, Section 145-090, General signage regulations, and the subsequent sections regulating signage by zoning district.

(J)

Illumination. Lighting for signage may be accomplished by either internal or external sources or as otherwise permitted in this Article. The source of illumination may not cause direct glare onto another property, or into the eyes of passing motorists or pedestrians.

(K)

Materials, installation, and maintenance.

(1)

Code compliance. All signs, including but not limited to portable, permanent and temporary signs, shall at all times, comply with the applicable provisions of the Florida Building Code, as revised.

(2)

Permanent installation required. Except for permitted banners, flags, temporary signs, portable signs, and window signs conforming in all respects with the requirements of this Article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(3)

Maintenance. All signs shall be maintained in good structural condition, in compliance with all Florida Building Code, as revised, and in conformance with this Article, at all times. Specifically:

a.

A sign shall have no more than twenty (20) percent of its surface area covered with disfigured, cracked, ripped or peeling paint, poster paper or other material for a period of more than thirty (30) successive days.

b.

A sign shall not stand with bent or broken sign facing, with broken supports, with loose appendages or struts, or more than fifteen (15) degrees from vertical for a period of no more than ten (10) successive days.

c.

A sign shall not have weeds, trees, vines, or other vegetation growing upon it, or obscuring the view of the sign from the street or right-of-way from which it is to be viewed, for a period of no more than thirty (30) successive days.

d.

An internally or externally illuminated sign shall be allowed to stand with only partial illumination for a period of no more than ten (10) successive days.

e.

The owner of any property upon which a business is located upon which signs have been placed must, within fifteen (15) days of the business ceasing its operations, remove all signs at the business.

(L)

Signs not to constitute traffic hazard. No signs shall be erected, and there shall be no lighting of signs or premises, in such a manner or in such location as to obstruct the view of, or be confused with, any authorized traffic signal, notice or control device, or with lights on any emergency vehicle, or to create hazards or distractions to drivers because of direct or reflected natural or artificial light, flashing, intermittent or flickering lighting, or real or apparent movement. No flashing or animated sign shall extend over a public right-of-way. Any such signs or light sources shall be removed at the direction of the City. If not removed by owners or occupants of the property within ten (10) days of notice, the City shall cause the signs to be otherwise removed and the cost of removal shall become a lien against the property until satisfied.

(M)

Address signs are required on all properties in the City, except vacant lots.

(N)

Properties zoned PUD. Development within mixed-use zoning regulations shall be subject to the signage standards herein applicable to each type of use within a development. For example, the regulations applicable to the RS and RD Districts would be applicable to single-family and duplex residences and regulations applicable to commercial zoning districts would be applicable to retail uses, offices and other uses principally permitted in the City's commercial zoning districts.

(O)

Business identifying signs. Signs which identify a business shall identify the legal name of the business, a registered fictitious name of the business or a registered trademark of the business.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2016-016, § 3, 7-25-17; Ord. No. 2020-003, § 5, 9-22-20; Ord. No. 2024-009, § 4, 9-29-24)

The following signs shall be exempt from regulation under this Article:

(A)

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;

(B)

Any sign inside a building, not attached to a window or door, that is not legible from a distance of ten (10) or more feet outside of the building;

(C)

Works of art including but not limited to paintings, sculptures, engravings, murals, mobiles, photographs, drawings, and works in fabric, that do not include a commercial message, nor have any relationship to any product, service or business, and specifically excluding any commercially produced item.

(D)

Traffic control signs, and governmental informational and warning signs, the faces of standards set forth in the Manual of Uniform Traffic Control Devices and which contain no commercial message of any sort, and that are erected or required to be erected by a governmental agency.

(E)

Any sign erected by the City of Wilton Manors on City property, including public rights-of-way.

(F)

Historical markers approved by the City Commission.

(G)

Any government sign.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

All signs not expressly permitted under this Article or exempt from regulation hereunder in accordance with the previous section are prohibited. Such signs include, but are not limited to:

(A)

Signs containing the words, "stop" or "danger" or similar words that present or imply the need or requirement for stopping, or the existence of danger, or which is a copy or imitation of an official sign.

(B)

Signs containing a background of colored lights blending with traffic signals to the extent of confusing a motorist when viewed from a normal approaching position of a vehicle at a distance of twenty-five (25) to three hundred (300) feet.

(C)

Signs that are not securely affixed to the ground, or otherwise affixed in a permanent manner to an approved supporting structure, except permitted temporary or portable signs.

(D)

Beacons except as permitted in Section 145-150, Temporary signs, for grand openings and promotional events.

(E)

Strings of lights not permanently mounted to a rigid background; and exposed light sources.

(F)

Roof signs.

(G)

Off-premise signs.

(H)

Snipe signs.

(I)

Portable signs, except as permitted in Section 145-150, Temporary signs, for grand opening and promotional events.

(J)

Cabinet signs, unless the sign is constructed as an integral part of the architectural design of the building in locations that were designed for a cabinet sign.

(K)

Changeable copy of signs except where specifically used at motor fuel pumps, college, university, or post high school educational institution that awards associate or higher degrees or post high school vocational training, theaters, and drive-thru facilities.

(L)

Inflatable signs and tethered balloons, except where permitted as temporary signs.

(M)

Pennants, banners, buntings and streamers, except where permitted as temporary signs.

(N)

Wind signs, except where permitted as temporary signs.

(O)

Flashing signs, running lights and electronic message boards.

(P)

Signs that emit audible sounds or odors.

(Q)

Other attention-attracting devices except to the extent that they conform fully to the dimensional, design, lighting, and other standards applicable to a sign in the same location.

(R)

Vehicle signs.

(S)

Any permanent freestanding sign other than a monument sign, incidental sign or directory sign.

(T)

Projecting signs.

(U)

Signs with more than two (2) faces.

(V)

Obscene or pornographic signs in accordance with F.S. ch. 847, as amended, and Miller v. California, 413 U.S. 15 (1973).

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2016-016, § 3, 7-25-17; Ord. No. 2020-003, § 5, 9-22-20)

No signs shall be allowed in the public right-of-way, except for those signs set forth in this Section. All proposed signs in the right-of-way require approval of the Director of Community Development Services or the Director's designee to ensure compliance with minimum, professionally accepted safety criteria.

(A)

Permanent signs. The following permanent signs:

(1)

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

(2)

Bus stop signs erected by a public transit company;

(3)

Informational signs of a public utility regarding its poles, lines, pipes, or other facilities;

(4)

Signs appurtenant to a use of public property permitted under a franchise or lease agreement with the City;

(5)

Awning, canopy and suspended signs projecting over a public right-of-way in conformity with the conditions of Sections 145-080 and 145-090 of this Article.

(B)

Temporary signs.

(1)

Signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

(2)

Signs sponsored by the City, or authorized by the City erected within the right-of-way. The City shall specifically approve any such signage, including its size, location, materials and copy.

(C)

Security deposit and insurance. Issuance of a permit for signage in the right-of-way shall require a security deposit made payable to the City of Wilton Manors in the amount determined by Resolution of the City Commission for such permits. The applicant for the signage shall also provide insurance coverage as provided for in this Section.

(D)

Permits shall state on their face that the City can require the owner to remove the sign at any time and for any reason, and that failure to remove the sign within seven (7) days of the City's order to do so may result in forfeiture of the security and City removal of the sign.

(E)

Insurance. A sign owner shall not erect or construct a sign in the public-right-of way without obtaining all insurance required under this Section and approval of such insurance by Risk Management of the City, nor shall a sign owner allow any contractor or subcontractor to erect or construct a sign until all similar such insurance required of the same has been obtained and approved by the City. The required insurance must be obtained and maintained for the entire period that the sign is in the public right-of way, and for a period thereafter as specified in the minimum coverages described below. If the sign owner, its contractors or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved.

(1)

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City's Risk Manager.

(2)

These certificates of insurance shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty (30) calendar days prior written notice has been given to the City or such other notice as is required by the policy of issuance. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial ratings must be no less than "A-VI" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. The insurance policy is subject to review and approval by City's Risk Management Director or the Director's designee.

(F)

Signs may not be erected in portions of public rights-of-way unless an encroachment agreement between the owner of the sign and the City is executed. The City Manager is hereby authorized to execute such agreements in accordance with the provisions of this Section.

(G)

The procedure for obtaining an encroachment agreement authorizing the placement of such sign shall be as follows:

(1)

Written application shall be made to the Director of Community Development Services or the Director's designee, which application shall be signed by all owners of the subject sign.

(2)

The application shall include a description of the proposed encroachment, together with a survey specifying the area of the encroachment.

(3)

The application shall state the reason for the necessity of the encroachment.

(4)

The Director of Community Development Services or the Director's designee may recommend to the City Manager to grant the application only if the encroachment can be allowed without detriment to the health, safety and welfare of the general public. In determining what constitutes detriment to the health, safety and welfare of the general public, the following factors, among others not specifically enumerated, shall be considered:

(a)

The size and manner of the sign.

(b)

The proximity of the sign to an opened public right-of-way.

(c)

The proximity of the sign to a travelled road, whether public or private.

(d)

The characteristics of the neighborhood.

(e)

Whether the sign will unreasonably interfere with the collection of garbage, delivery of mail, police and fire protection or the cleaning and maintenance of streets.

(f)

Whether the sign will interfere with an existing water or wastewater line or other utility.

(5)

The Director of Community Development Services or the Director's designee shall set forth in writing the reason for granting or denying an encroachment agreement pursuant to this Section. The decision of the Director of Community Development Services or the Director's designee shall be final and shall be issued within ten (10) days after submission of a completed application. The decision of the Director of Community Development Services or the Director's designee may be appealed to the City Manager or the City Manager's designee. The application fee to appeal the decision of the Director of Community Development Services, or the Director's designee, to the City Manager, shall be established by Resolution of the City Commission.

(6)

The terms of an encroachment agreement shall include but not be limited to the following:

(a)

The agreement shall be subject to termination upon twenty-four (24) hours notice at such time as the City Manager or the City Manager's designee may deem the encroachment, including activities associated with the encroachment, to create a traffic or safety hazard or public nuisance or otherwise not be in keeping with the health, safety and welfare of the general public.

(b)

The sign owner obtaining the encroachment agreement shall agree that, upon such termination, if the sign owner shall fail to remove the encroachment within seven (7) days, following the giving of such notice, or lesser time in the event of such earlier termination, the City shall be authorized to remove the encroachment and recover all costs associated therewith from the sign owner.

(c)

The sign owner shall agree to indemnify and hold harmless the City from any and all liability that may arise by virtue of the encroachment.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Types of signs permitted. Permitted signage location upon private property in the City is set forth in Sections 145-100 through 145-140 and this Section for permanent signage, and Sections 145-150 for temporary signage. All permitted signs in the City shall contain noncommercial messages or shall advertise merchandise, services, activities, or entertainment that is sold, produced, manufactured, or furnished on the lot where the sign is located. Each subsection contains regulations pertaining to a specific type of sign, which shall only be permitted subject to the requirements of this Section, and the regulations for signage permitted in each zoning district set forth in the ensuing sections.

(B)

Freestanding signs. Permitted permanent freestanding signs are limited to monument signs, accessory signs and directory signs.

(1)

Type four (4) monument signs shall not exceed six (6) feet in height and twelve (12) square feet in signage area. Type three (3) monument signs shall not exceed eight (8) feet in height and twenty-four (24) feet in signage area.

(2)

The minimum required setback from the intersection of two (2) street lines on a corner lot is a distance equivalent to the minimum site triangle distance required of Section 155-070, "Clear site triangle."

(3)

The minimum setback from an interior side property line is twenty-five (25) percent of the lot width or fifty (50) feet, whichever is less, except that a sign may be located closer to an interior side lot line if it will be separated by a distance of at least twice this required setback from the signage on an adjoining property. Signage shall not be located within the clear site distance requirement of Section 155-070, "Clear site triangles" (where applicable).

(4)

The base of all monument signs shall comply with the landscaping requirements in Section 150-180.

(5)

Monument signage is not permitted if the building is set back less than twenty (20) feet from a street line, unless the ground sign replaces all wall signage visible from the street for the applicable building and its occupants.

(6)

It is the intent of this provision that the supports/signage structure for all monument signs shall be designed to be visually integrated, compatible, and aesthetically contributory to the overall appearance of the monument structure and signage.

(6[7])

At least one monument sign per street frontage shall include the street number(s) of the lot upon which the sign is placed, with a minimum lettering height of eight (8) inches.

(C)

Awning and canopy signs.

(1)

Where permitted, awning and canopy signage counts towards the wall signage allowance.

(2)

Sign may be painted, stamped, perforated or stitched only onto the vertical surface area of an awning or canopy that is parallel to the building facade, and shall not exceed fifty (50) percent of the length of the awning or canopy and each letter, number and other characters shall not exceed twelve (12) inches in size.

Figure 145-5. Permitted location of awning signage.

(3)

Signs hanging from the underside of an awning or canopy shall not exceed four (4) square feet in area. Each letter, number and other characters shall not exceed six (6) inches in size.

(D)

Incidental and accessory signs. Typical incidental and accessory signs include but are not limited to signs to the following: "Restroom," "phone," "no parking," "entrance," "exit," and generic directions such as "office," "ATM," or "stores." Accessory signs in all districts shall not exceed two (2) square feet in area.

(E)

Building marker. Building marker signs shall be permitted, provided that the signs:

(1)

Shall not exceed three (3) square feet in area;

(2)

Shall be made of permanent material, such as bronze or masonry, and shall be permanently affixed to or made part of the building;

(3)

Shall be limited to only one such sign on any building;

(4)

Shall be affixed to a building wall; and

(5)

Shall not count towards the wall signage allowance.

(F)

Flags. The display of flags shall be subject to the following limitations:

(1)

There shall be no more than one flagpole per lot in the RS, RD, RO, and ROSC Districts, and no more than two (2) flagpoles per lot in all other districts;

(2)

Each flagpole must be set back a distance equal to at least one-half (½) of its height from all street lines and property lines;

(3)

There shall be no more than one flag per wall-mounted flagpole, and two (2) flags per freestanding flagpole;

(4)

No flag shall be longer than five (5) feet in its largest dimension; and

(5)

No wall-mounted or freestanding flagpole shall exceed twenty-five (25) feet in height.

(G)

Directory signs. Directory signs shall be permitted where a particular site includes more than one occupant, subject to the following conditions:

(1)

In shopping centers: Directory signs in shopping centers may be located near entrances to parking areas, and at principal intersections within the center, and shall be at least fifty (50) feet from any street line. Such signs shall not exceed sixteen (16) square feet in area nor five (5) feet in height.

(2)

In multi-family projects, office buildings, schools, hospitals campuses, nursing homes, government facilities, civic centers and business parks: One directory sign may be located near the principal entrance to a parking area. Directory signage location shall be approved by the Director of Community Development Services or the Director's designee, so that drivers can conveniently pull up to and read the directory without impeding traffic on any driveway or entrance serving the development. Letters, numbers and other characters shall not be more than three (3) inches in height and shall not be legible from any street line. Such sign shall not exceed sixteen (16) square feet in area and five (5) feet in height.

(H)

Suspended signs.

(1)

Above a right-of-way. The issuance and continued validity of sign permits for signs projecting or suspended above a public right-of-way authorized pursuant to Section 145-080 shall be conditioned up on the sign owner obtaining, and maintaining in force, liability insurance in accordance with section 145-080 provided that the amount of such liability insurance shall be at least five hundred thousand dollars ($500,000.00) per occurrence, per sign.

(2)

Clearance. The bottom of any sign that extends over a pedestrian way, right-of-way or off-street vehicular use area shall not be less than seven and one-half (7½) feet, nor greater than fourteen (14) feet above such surface, measured vertically, directly beneath the sign to pedestrian and vehicular travel surfaces, as applicable.

(3)

Suspended sign. Suspended signs shall be permitted under marquees, canopies and roof overhangs at entrances to businesses or other uses, and at the entrance to drive-thru lanes to indicate maximum clearance. Suspended signs shall be subject to the following specific conditions:

(a)

There may be one suspended sign per building entrance mounted perpendicular to the building wall, and the suspended sign may have copy on both sides;

(b)

A suspended sign shall not exceed two (2) square feet in face area per side; and

(c)

A suspended sign shall not be separately illuminated.

(I)

Marquee signs shall count towards the wall signage allowance. Marquee signs shall not occupy more than fifty (50) percent of a marquee face, and shall not exceed eighty (80) percent of the marquee face length.

(J)

Temporary signs. (See Section 145-150, Temporary signs.)

(K)

Changeable copy signs. Copy shall not change more than once per hour unless by means of copy formed by light emitting diodes (LED), liquid crystal display (LCD) or plasma display technology, in which case copy must be static for a minimum of eight (8) seconds at any one time.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2016-016, § 3, 7-25-17; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Monument signs.

(1)

Permitted monument signs.

a.

Limited to community identification signs in the form of Types One, Two or Three monument signs; must be located on private property unless a right-of-way permit is obtained from the City pursuant to Section 145-080, Signs in the public right-of-way.

b.

Institutional signs as provided in (D), below.

(2)

Maximum number of community identification signs: One per street entrance into the subdivision or neighborhood, or two (2) signs per street entrance if placed on each side of an entrance as part of a landscaped and decorative entry feature, provided each sign shall not exceed sixty (60) percent of signage area allowed for one sign.

(3)

Maximum allowable signage area of community identification signs: Twelve (12) square feet.

(4)

Maximum height of community identification sign structure: Four (4) feet.

(5)

Minimum required spacing between community identification signs located at different entrances: Five hundred (500) feet.

(6)

Landscaping: The base of all monument signs shall comply with the landscaping requirements in Section 150-180.

(B)

Wall signs. Limited to address signs and nameplates for residential uses, pursuant to [Subsections] (F) and (G), below. See also (D), Institutional signs, below.

(C)

Accessory signs. Accessory signs are limited to customary residential signage that includes but are not limited to signs for: "No Trespassing," "Beware of Dog" and signs indicating a property is protected by a security system or company.

(1)

No more than three (3) accessory signs are permitted per developed lot, not to exceed two (2) square feet in area each.

(2)

One freestanding accessory sign is permitted per dwelling unit.

(3)

Accessory window signs are permitted, not to exceed one square foot per window, nor a total area per dwelling unit of two (2) square feet visible from an adjacent street or adjoining property.

(D)

Institutional signs. Institutions located within RS and RD districts are subject to the signage regulations for the CF District.

(E)

Flags. See Subsection 145-090(G), Flags.

(F)

Address signs. One street address sign per dwelling unit is required, as a wall sign, awning sign, monument sign and also must be attached to a street-side mailbox, in addition to other permitted signage, placed so as to be clearly visible from the adjoining street from which the dwelling takes its street address. Total signage area is limited to three (3) square feet, and two (2) feet in height if freestanding.

(G)

Nameplate. One wall sign is permitted per dwelling unit, not to exceed one and one-half (1½) square feet. Nameplate, attached and detached, SFR and Duplex in RM District are subject to RS and RD District Signage. Signage allowance is in addition to other permitted signage.

(H)

Illumination. Signs in the RS and RD districts may be illuminated by lights that are directed to shine directly on the sign. Additionally, address signs may be illuminated by any means permitted in Subsection 145-050(H).

(I)

Prohibited signs.

i.

Commercial message signs are prohibited, except for temporary signs pursuant to Section 145-150(G).

ii.

Home occupation signs are prohibited.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

Single-family attached, single-family detached and duplex residences shall be subject to the signage regulations applicable to the RS and RD districts in Section 145-100.

(A)

Monument signs.

(1)

Permitted signage type.

a.

Community entrance signs in the form of Types One, Two or Three monument signs, permitted only at entries into a subdivision, neighborhood, or to a multiple-family development containing at least eight (8) multiple-family dwelling units shall be located on private property unless the City issues a right-of-way permit pursuant to Section 145-080, Signs in the public right-of-way.

b.

Institutional signs in as provided (D), below.

(2)

Maximum allowable number of community identification signs: One per street entrance into the subdivision, neighborhood or development, or two (2) signs if placed on each side of such entrance as part of a landscaped and decorative entry feature, provided each sign cannot exceed sixty (60) percent of signage area allowed for one sign.

(3)

Maximum allowable community identification sign area per sign: Twelve (12) square feet.

(4)

Maximum height of sign structure: Four (4) feet.

(5)

Minimum required spacing between community identification signs at different entrances: Five hundred (500) feet.

(6)

Landscaping: The base of all monument signs shall comply with the landscaping requirements in Section 150-180.

(B)

Wall signs. For lots containing eight (8) or more multiple-family dwelling units, the name of the apartment building or development, if applicable, may be displayed as wall sign, awning, canopy or marquee sign in lieu of monument signage.

(1)

Maximum allowable number of signs: One per lot.

(2)

Maximum allowable signage area: One-half (½) a square-foot per foot of building frontage not to exceed twelve (12) square feet.

(C)

Incidental signs within a multiple-family development are limited to common property areas with content applicable to all units in the development, including by way of example, signage identifying or indicating the location of the rental office, guest parking areas, and the development's recreational facilities.

(D)

Institutional signs. Institutional uses within RM districts are subject to the signage regulations for the CF, Community Facility District.

(E)

Flags. See Subsection 145-090(G), Flags.

(F)

Directory signs. See Subsection 145-090(H).

(G)

Address signs. One street address sign per dwelling unit is required, which may be placed on a wall, and shall also be located on mailboxes in front of each dwelling unit. Total signage area is limited to three (3) square feet per dwelling unit, and is allowed in addition to other permitted signage. Up to three (3) additional square feet of wall, canopy, awning or marquee signage is permitted to identify the building number or building address, as distinguished from individual dwelling unit numbers and dwelling unit addresses.

(H)

Nameplate. One wall sign is permitted per dwelling unit not to exceed one and one-half (1½) square feet. Signage allowance is in addition to other permitted signage.

(I)

Awning, canopy and marquee signage may be substituted for wall signage, and is subject to the same signage allowance.

(J)

Illumination. Signs in the RM districts may be illuminated by lights that are directed to shine directly on the sign. Additionally, address signs may be illuminated by any means permitted in Subsection 145-050(H).

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

A dwelling unit is entitled to signage permitted in the RS and RD districts. Mixed nonresidential and residential use of a lot is entitled to all RS and RD district signage in addition to the signage in this Section, unless otherwise provided below.

(1)

Maximum allowable number of signs: One along the primary street frontage.

(2)

Maximum allowable signage area: Nine (9) square feet.

(3)

Maximum height of sign structure: Three (3) feet.

(4)

Permitted monument signs: Types One, Two, Three, and Four (1, 2, 3, and 4).

(5)

Minimum required spacing between signs on adjoining lots: Fifty (50) feet.

(B)

Incidental signs. A nonresidential use is permitted up to three (3) square feet of incidental signage; mixed nonresidential/residential use of a lot is permitted five (5) square feet of incidental signage.

(C)

Institutional signs. Institutional uses are subject to the signage regulations for the CF, Community Facility District.

(D)

Flags. See Subsection 145-090(G), Flags.

(E)

Address signs. The RS and RD district regulations apply to singular or mixed-use of a lot. If a monument sign pursuant to (A), above is utilized for a nonresidential use, a separate freestanding address sign is not permitted, and the address shall be incorporated into the monument sign. While there is no limitation on address signage area within a monument sign erected pursuant to (A), above, the address signage area shall count towards the allowable monument signage area. If a monument sign is utilized for residential purposes, a separate freestanding address sign shall be located on each individual building.

(F)

Illumination. Signs in the RO/ROSC districts may be illuminated by lights that are directed to shine directly on the sign. Additionally, address signs may be illuminated by any means permitted in Subsection 145-050(J).

(G)

Landscaping. The base of all monument signs shall comply with the landscaping requirements in with Section 150-180.

(H)

Prohibited signs. Home occupation signs are prohibited.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Generally. Uses within a CF District may choose between monument signage and wall signage for any given frontage where such signage is permitted, but shall not utilize both monument signage and wall signage along a given frontage.

(B)

Monument signs.

(1)

Maximum allowable number of signs: One per street frontage on a collector or arterial street with driveway access into the lot, if no wall signage is utilized; or two (2) signs together not exceeding the individual signage allowance, and each limited to seventy-five (75) percent of the permissible height.

(2)

Maximum height and area of sign: Varies with number of traffic lanes for the street next to which the sign is placed:

(3)

Permitted monument sign types: Types One, Two, Three and Four (1, 2, 3 and 4).

(4)

Up to fifty (50) percent of the sign surface area on each side of the sign may be a changeable copy sign, limited to one sign per street frontage; and,

(5)

Minimum required spacing between signs on the same lot: one hundred (100) feet along any one street frontage, and three hundred (300) feet between signs fronting on different streets.

(C)

Wall signs.

(1)

Maximum allowable number of signs: One per street frontage on a collector or arterial street if no monument signage is utilized along the same street frontage.

(2)

Maximum allowable signage area: One-half (0.5) square feet per one linear foot of building frontage, not to exceed thirty-six (36) square feet in area. The wall signage allowance may be allocated to canopies, awnings or marquees.

(D)

Address signs. The required display of street address shall not count towards the permitted wall monument signage allowance, and may be located on a canopy, awning or marquee.

(E)

Accessory signs. Subject to Subsection 145-090(D).

(F)

Flags, subject to Subsection 145-090(F).

(G)

Directory signs, subject to Subsection 145-090(G).

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Monument signs.

(1)

Maximum allowable number of signs: One per street frontage on a collector or arterial street providing driveway access to the lot, or two (2) per street frontage with both signs sharing the signage area allowance for an individual sign, and limited to fifty (50) percent of the allowable height for an individual sign.

(2)

Maximum allowable signage area per sign: Varies by frontage, as follows:

a.

The maximum allowable individual signage area lot shall be decreased by six (6) square feet for lot frontage on a two (2) lane street.

(3)

Maximum height of sign structure: Varies with number of traffic lanes for the street frontage upon which the sign is placed, as follows:

(4)

Permitted type of sign: One, Two, Three and Four (1, 2, 3 & 4).

(5)

Minimum required spacing between signs on same lot: Two hundred (200) feet along any one street frontage, and three hundred (300) feet for signs along different street frontages.

(6)

The base of all monument signs shall comply with the landscaping requirements in Section 150-180 of the City's Code of Ordinances.

(B)

Wall signs. Wall signage area allowance may be allocated to awnings, canopies or marquees.

(1)

Maximum allowable number of signs: None; signage area is subject to the maximum area per building frontage set forth in [Subsection] (2), below.

(2)

Maximum allowable signage area shall not exceed two (2) feet in vertical dimension by any length.

(3)

A wall sign may be installed or painted only on a building wall of a principal building, except as otherwise provided in Subsection 145-050.

(4)

On a single-occupancy building, all sign elements on a single wall shall be measured as a single sign, applying the principles set forth in Subsection 145-030(A), Computation of sign area of individual signs.

(5)

On a multiple-occupancy building, signage devoted to different occupants shall be measured separately.

(6)

On a multiple occupant building with stores, shops or bay occupants having individual direct access from outside of the building and offices on upper floors, individual signage is permitted for each business with main public outside access directly from the outside only. Such signage shall be located within each occupant's building frontage.

(7)

Where a wall of a building in a commercial or industrial district faces and is within one hundred (100) feet of a residentially zoned lot, the size and lighting limitations applicable to the Community Facility District shall apply to the sign(s) on that wall only.

(C)

Accessory signs. See Subsection 145-090(D).

(D)

Flags. See Subsection 145-090(G).

(E)

Address signs. One address sign shall be provided along each street frontage with driveway access into the lot. The address or range of addresses shall be provided on at least one monument sign, where utilized, per street frontage, and by the entrance to each occupant space where multiple occupant buildings have individual public entrances.

(F)

Directory signs. See Subsection 145-090(G).

(G)

Drive-thru signs. Drive-thru signs are permitted adjacent to a drive-thru facility. Drive-thru signs shall be screened from the view of any adjacent residentially zoned lot and any street, and shall not exceed six (6) feet in height.

(H)

Theatres, civic centers. Up to seventy-five (75) percent of permitted wall or monument signage may be changeable copy signage.

(I)

Institutional use signage is subject to the signage regulations for the CF District.

(J)

Window sign. Signs may be placed on the interior and exterior of window glass, including door windows, on the first floor of buildings occupied by retail, service uses including restaurants and/or entertainment establishments—provided that they cover no more than ten (10) percent of the window area in which located.

Illuminated signs shall be permitted only as follows:

(1)

May only remain illuminated during business hours.

(2)

Every business with a window, regardless of lineal footage, shall be permitted to have a minimum of one illuminated window sign. Businesses shall be limited to one illuminated window sign per every ten (10) lineal feet of window frontage per business not to exceed a total of four (4) illuminated signs per business.

(3)

Size shall be limited to four (4) square feet per sign.

(4)

Shall not be counted towards the total area permitted for window signs.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2016-016, § 3, 7-25-17; Ord. No. 2020-003, § 5, 9-22-20)

The following regulations govern the erection, construction, repair, alteration and location of temporary signs. For each signage type, regulations may pertain to the number of permitted signs ("maximum number'), the maximum permitted height of the sign ("maximum height"), maximum permitted signage area ("maximum sign area"), permissible sign copy ("sign copy"), and time period during which the sign can be erected and maintained on a lot ("time period"), noting that all temporary signs pertaining to a time, event or purpose that is no longer imminent or pending shall be immediately removed. Additional regulations may apply to certain types of temporary signs. Temporary roof signs are prohibited unless specifically authorized in this Section. Temporary signs shall adhere to the following regulations in all districts unless an exemption applies under the City's Code of Ordinances or ULDR:

[(A)—(C)

Reserved.]

(D)

Prohibition of temporary signs on public property. Unless authorized in Section 145-080, or erected by the government, temporary signs on public property and public rights-of-way are prohibited unless otherwise permitted under the City's Code of Ordinances or ULDR.

(E)

A temporary sign may not obstruct a permanent sign or the vision between pedestrians and vehicles. A temporary sign may not obstruct the view of a permanent sign as viewed from any public road, street, or highway or any public sidewalk, and may not obstruct the vision between pedestrians and vehicles using the public right-of-way, including but not restricted to, those meeting intersection visibility requirements.

(F)

A temporary sign may not display any lighting and must remain static. A temporary sign may not display any lighting or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color.

(G)

Temporary signs shall adhere to the following requirements in RS, RD, RO, and ROSC, Districts:

(1)

Maximum number: One per fifty (50) feet of street frontage, or portion thereof (for example is street frontage is fifty-one (51) feet—one hundred (100) feet, two (2) temporary signs are permitted).

(2)

Maximum height: Six (6) feet.

(3)

Maximum combined sign area: The total combined signage area shall be limited to four (4) square feet per fifty (50) feet of street frontage, or portion thereof.

(H)

Temporary signs shall adhere to the following requirements in all other districts:

(1)

Maximum number: One per twenty five (25) feet of street frontage.

(2)

Maximum height: Seven (7) feet.

(3)

Maximum combined sign area: The total combined signage area shall be limited to four (4) square feet per fifty (50) feet of street frontage, or portion thereof.

(I)

Time period: The duration of a temporary sign shall be limited to ninety (90) calendar days, or such lesser time which is coterminous with the activity for which the sign is installed. Notwithstanding anything contained herein to the contrary pursuant to F.S. § 106.1435, as amended, each candidate shall remove their campaign signs within thirty (30) days after:

1.

Withdrawal of the candidate's candidacy;

2.

Having been eliminated as a candidate;

3.

Being elected to office; or

4.

The date of the election.

(J)

Removal. Once a hurricane watch is issued, all temporary signs permitted hereunder shall be removed immediately.

(K)

Feather Flag Sign and temporary banners. Unless otherwise specified in this article, business properties located in B-1, B-2, B-3, I-L, PUD-C, PUD-M, WDAE and all TOC Districts, may install one temporary vertical feather flag or one temporary banner.

(1)

A temporary vertical feather flag or temporary banner sign may not be used in place of a permanent sign.

(2)

A temporary vertical feather flag or temporary banner sign permitted hereunder and mounted to a pole shall not exceed ten (10) feet in height inclusive of the height of the pole.

(3)

A temporary vertical feather flag or temporary banner sign permitted hereunder and mounted to a pole may only be displayed during the normal hours of operation of the business.

(4)

A temporary vertical feather flag or temporary banner sign permitted hereunder and affixed to a building may not exceed twenty (20) square feet.

(5)

All temporary vertical feather flags or temporary banner signs mounted to a pole may not be located within the clear site distance triangle required in Section 155-070 ULDR.

(6)

All temporary vertical feather flags or temporary banner signs must be maintained in good condition at all times.

(7)

A business location may only display one temporary vertical feather flag or temporary banner sign at a time.

(8)

Once a hurricane watch is issued, all temporary vertical feather flags or temporary banner signs permitted hereunder shall be removed immediately.

(9)

Notwithstanding anything contained herein to the contrary, a commercial property may not install or maintain any temporary vertical feather flag or temporary banner sign in the event that any code violation exists upon the commercial property where the temporary vertical feather flag or temporary banner sign is located. Upon receipt of a notice that a code violation or outstanding unpaid code fine exists on the commercial property, the temporary vertical feather flag or temporary banner sign shall immediately be removed until the code violation is corrected or the outstanding unpaid code fine is paid in full. Failure to remove a temporary vertical feather flag or temporary banner sign under this subsection shall be a violation of the Code of Ordinances.

(10)

This subsection, and the authority to place or maintain any temporary vertical feather flag or temporary banner sign shall expire on December 31, 2020, unless extended by resolution of the City Commission.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Applicability. No permit shall be issued for a sign within a multiple-occupant lot after December 31st, 2006, unless and until the City has approved a Master Signage Plan for the lot within which the sign will be erected. No sign shall be erected, placed, painted, modified or maintained, except in accordance with such plan, and such plan may be enforced in the same way as any provision of this Article. In case of any conflict between a provision of a Master Signage Plan and one or more provisions of the ULDR, the ULDR shall control.

(B)

Master Signage Plan Content Requirements.

(1)

An accurate plot plan of the lot, at such scale as the Director of Community Development Services or the Director's designee may reasonably require. Where a site plan has been approved, the site plan shall be submitted as the plot plan. In the absence of an approved or proposed site plan, a final (as-built) survey shall be submitted as the plot plan. The plot plan shall contain at least the following:

a.

Location of buildings, structures, vehicular use areas, and landscaped areas on such lot;

b.

Proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown;

c.

Dimensions of all buildings, structures, vehicular use areas, and landscaped areas, existing signs, proposed signs, and distances between all signs and street lines, property lines, vehicular use areas, clear site distance triangles, buildings, structures, other proposed signs and existing signs to remain, and any other dimensions necessary to demonstrate compliance with all requirements of this Article and the ULDR;

d.

Computation of the proposed and allowable total sign area, individual sign area, sign height(s), lettering height if applicable, and number of freestanding signs with such computations following the applicable formulae set forth in this Article;

(2)

Specifications of the signage that will permitted on the lot including signage types, color, style, location(s), number of signs per occupant space, materials, method of illumination, if any, and any other limitations that will apply.

(C)

A Master Signage Plan shall be included in any master development plan and site plan. A Master Signage Plan may be amended by filing a new Master Signage Plan that conforms with all requirements of this Article then in effect.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Permits required. A City sign permit is required before any sign, is erected, posted, painted, altered, maintained, or relocated, in order to ensure compliance with the ULDR, unless specifically exempted from this requirement in Article 145. Any exemption from the sign permit requirement is not an exemption from any permit requirement under the Florida Building Code.

(B)

Signs exempt from City permit requirement. The following signs do not require issuance of a City sign permit, but must comply with all requirements of this Article and other applicable ULDR requirements.

(1)

Traffic control device signs.

(2)

Address signs.

(3)

Certain temporary signs, as provided in Section 145-150, Temporary signs.

(4)

Free expression signs.

(5)

Window signs.

(6)

Residential nameplates.

(7)

Paper window signs.

(8)

Signs that are displayed, erected, or constructed for twenty-four (24) hours or less.

(9)

Temporary signs.

(C)

Permits to be consistent with Article. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is in compliance with the requirements of this Article, including those requirements protecting existing signs, in every respect, and also with the Master Signage Plan in effect for the property. Noncompliance with the terms of the permit shall constitute a violation of the ULDR.

(D)

General permit procedures. The following procedures shall govern the submission, review and issuance of all sign permits and Master Signage Plans.

(1)

No application for Master Sign Plan shall be approved prior to the approval of a master development plan or site plan where such approval is required by the ULDR.

(2)

All applications for sign permit approval shall be submitted to the Director of Community Development Services on an application form or in accordance with application specifications published by the Director, and shall be accompanied by an application fee established or amended by Resolution the City Commission.

(3)

The Director of Community Development Services or the Director's designee shall review the sign permit application for completeness within five (5) business days of application receipt. If the Director or the Director's designee finds that it is incomplete, the Director or the Director's [designee] shall notify the applicant of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Article and/or other ULDR provisions. If the Director or the Director's designee finds the application to be complete, the Director or the Director's designee shall, within fifteen (15) business days of the submission of a complete application, either:

a.

Issue the permit/approval, if the application demonstrates conformance in every respect with the requirements of this Article, and for sign permits, conforms to the applicable Master Signage Plan.

b.

Deny the sign permit/approval if the application fail(s) to demonstrate compliance with the requirements of this Article and/or, for sign permits, of the applicable Master Signage Plan, and specify in the rejection the provision(s) with which the proposed signage is inconsistent. If the permit is denied, the Director or the Director's designee shall prepare a written notice describing the applicant's appeal rights and send it by certified mail return receipt requested, to the applicant.

c.

If the permit is denied, the Director or the Director's designee may continue to work with the applicant in order to address the comments of the Director.

(4)

Appeal. The Applicant may file a written notice of appeal to the City Commission containing the specific grounds for appeal. The notice of appeal must be received by the City Commission within thirty (30) days of the Director's decision to deny the sign permit or it shall be automatically denied without hearing.

(5)

The City Commission shall hear the appeal at a public hearing within thirty (30) days after the date of receiving the notice of appeal from the Applicant and render a decision at the public hearing.

(E)

Permit submission requirements. Sign permit applications shall be accompanied by a detailed, scaled drawing to show dimensions, design, structural support details, color, and location of each particular sign. One application and permit may include multiple signs on the same lot.

(F)

Inspections. Signs shall be inspected using the same inspection process used for other improvements requiring inspection under the Florida Building Code.

(G)

Lapse of sign permit. A sign permit shall lapse automatically if the business license for the premises lapses, is revoked, or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of one hundred eighty (180) days or more.

(H)

Permits for temporary signs. Temporary signs on private property shall be allowed only in accordance with the provisions of Section 145-150, Temporary signs.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 914, § 2, 2-13-07; Ord. No. 2020-003, § 5, 9-22-20)

It is the policy of the City to encourage and, to the maximum extent practicable, require that all signs within the City be brought into compliance with the requirements of this Article.

(A)

Nonconforming signs protected. A sign which is lawfully erected prior to the effective date of this Article but which does not conform in one or more respects with the requirements of this Article may remain in use, subject to the requirements of this Section and other applicable requirements of the ULDR.

(B)

Limitations on nonconforming signs.

(1)

For purposes of amortization, nonconforming signs may be continued from the effective date of this Article up to December 31, 2030 unless under a previous regulation the signs were to be amortized and in that case the amortization period must be as previously required or December 31, 2030, whichever is less.

(2)

Signs which were nonconforming to the prior ordinance and which do not conform to this Article must be removed immediately.

(3)

Any nonconforming sign that shall cease being used or cease being leased for a continuous period of one year shall not be reused for sign purposes unless and until it is used in conformity with the standards of this Article.

(4)

Change of copy or the substitution of panels or faces on nonconforming signs shall be permitted, unless prohibited by subparagraph (4). Repairs and maintenance of nonconforming signs, such as repainting, electrical repairs, and neon tubing, shall be permitted.

(5)

Any nonconforming sign that is damaged by any cause or is otherwise in need of repair, to such an extent that the cost of repairing the sign equals or exceeds fifty (50) percent of its replacement value, shall not be repaired or replaced except in total conformance with all requirements of this Article in effect at the time the sign is repaired or replaced.

(6)

Change of copy or the substitution of panels or faces on nonconforming signs incident to a change in ownership of a business shall not be permitted unless the sign complies with the requirements of this Article.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Violations. Any of the following shall be a violation of this Article and shall be subject to the enforcement remedies and penalties provided by this Article, by other ordinances of the City, and by state law:

(1)

To install, create, erect, or maintain any sign in any way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located;

(2)

To install, create, erect, or maintain any sign requiring a permit without such a permit;

(3)

To fail to remove any sign that is installed, created, erected or maintained in violation of this Article, or for which the sign permit has lapsed;

(4)

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portion of this Article;

(5)

Each sign installed, created, erected, or maintained in violation of this Article shall be considered a separate violation when applying the penalty portions of this Article.

(B)

Enforcement and remedies. Any violation or attempted violation of this Article or of any conditions or requirements adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or by appropriate proceedings pursuant to state law. A violation of this Article shall be considered a violation of the City's ordinances. The remedies of the City shall include the following:

(1)

Issuing a stop work order for any and all work on any signs on the same lot;

(2)

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;

(3)

Imposing a fine up to two hundred fifty dollars ($250.00) per day for each day for each violation;

(4)

Seeking in court the imposition of any penalties that can be imposed by such court under Ordinance; and

(5)

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of the ULDR and Florida Building Code, including, but not limited to, removing signs from right-of-way or City property and charging a removal and storage fee of twenty-five dollars ($25.00) per sign. Any sign removed from right-of-way or City property by City staff shall be discarded as determined in the sole and absolute discretion of City staff.

(C)

Other remedies. The City shall have such other remedies as are and as may from time to time be provided for or allowed by state law or the City's Code of Ordinances.

(D)

Remedies cumulative. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or an Ordinance thereof, such remedy shall remain available for other violations or other Ordinances of the same violation.

(E)

Liability of sign owner, tenant, and property owner. Notwithstanding any of the provisions of this Article, it shall be the responsibility of the tenant who maintains a business within the City and the property owner upon whose land a sign is erected, and any other responsible party, including but not limited to the sign owner, to see that all signs are erected, maintained, and controlled in full compliance with the provisions of this Article and each shall be fully responsible for compliance with such provision.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

Requests for relief from the provisions of this Article shall be processed in accordance with Article 20, Variances, except that the following criteria for the approval of a signage variance shall be substituted for the criteria contained in Section 120-030:

(A)

There are special, peculiar circumstances or conditions applying to the land or building upon which signage is proposed but which do not generally apply to other properties within the same district, including the situation of the land or building in relation to adjacent land, buildings or structures, and that said circumstances or conditions are such that the strict application of the provisions of this Article would deprive the applicant of the signage visibility commonly enjoyed by other properties in the same zoning district with signage that conforms to all requirements of this Article;

(B)

That alleged hardship is not self-created by any person having an interest in the property;

(C)

The granting of the variance is the minimum variance that will allow the applicant to enjoy the same signage visibility commonly enjoyed by other properties in the same zoning district with signage that conforms to all requirements of this Article;

(D)

The granting the variance will be in harmony with the general purpose and intent of this Article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)