(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)