TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Repealing Chapter 29 of the Unified Land Development Code Relating to "Sign Regulations" and Creating a New Chapter 5 "Signs"; Providing for Findings: Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
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Recommended Action
The City Commission approve Ordinance No. 2024-14 and continue to second reading on August 6, 2024.
Recommended Action on Second Reading
The City Commission approve Ordinance No. 2024-14.
General Information
The City of North Port has been in the process of amending the Unified Land Development Code (ULDC) since 2015. While the City successfully updated the Comprehensive Plan via the Evaluation and Appraisal Review process in 2017, the land development regulations were never fully amended. Changing growth conditions and a new focus on a sustainable balance of land uses has resulted in the preparation of a new, modern ULDC that was developed by staff with City Commission direction over a 22-month period, during which time, the Future Land Use Element of the Comprehensive Plan was amended (Ordinance No. 2024-09).
The Community Planning Act in the Florida Statutes, Chapter 163, Part II, incorporates fundamental requirements regarding consistency of land development regulations as follows:
Florida Statutes 163.3202Land development regulations.-
(1)Within 1 year after submission of its comprehensive plan or revised comprehensive plan for review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan.
(2)Local land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall at a minimum:
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(f)Regulate signage.
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As recommended by the City’s outside counsel, the repeal and replacement of sign regulations is presented in a stand-alone ordinance. Chapter 5, Signs was designed for consistency with the case law regarding signage and its relationship to the First and Fourteenth Amendments of the Constitution of the United States of America, the Florida Statutes, the North Port Comprehensive Plan, and the City’s Strategic Vision Plan:
Chapter 5: The regulations in this Chapter provide for consistency with and implement Objective 2 of the Transportation Element and Policy FLU 1.8.1. of the Future Land Use Element of the Comprehensive Plan:
Objective 2: The City shall continue to improve safety conditions on the City's existing roadway system by adopting land development regulations to limit the proliferation of signage that may distract the attention of motorists; obstruct the vision of motorists, pedestrians, and bicyclists; and otherwise interfere with traffic safety, and through completion of the transportation improvements identified in the Capital Improvements Element.
FLU Policy 1.8.1.
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8. Regulate signage to provide for an attractive community and safe pedestrian and transportation conditions.
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By providing adequate opportunities for speech through signage, Chapter 5 is consistent with the Good Governance Pillar. In addition, the format of these land development regulations is simple to use and easy to read, aligning with the Economic Development & Growth Management Pillar of the City’s Strategic Vision Plan.
Notice of the proposed ordinance was published in a newspaper of general circulation in the City of North Port on July 7, 2024.
The City Attorney has reviewed Ordinance No. 2024-14 for form and correctness; the City's outside counsel, Weiss Serota Helfman Cole + Bierman reviewed the ULDC text and materially participated in the development of the regulations.
Information for Second Reading
The City Commission heard the first reading of Ordinance No. 2024-14 at its Regular Meeting on July 23, 2024, and continued the ordinance, with a motion made and carried to allow raceway signs, to second reading on August 6, 2024. The ordinance for second reading provides for the removal of “signs with exposed raceways” from prohibited sign list. The ordinance for second reading also includes the following revisions:
1. Added definition for model home sign;
2. Reordered vehicle sign definition;
3. Corrected alphabetization errors in the allowable sign tables;
4. Clarified language under Section 5.3.2.A.(2)a.1. regarding sign allowance for multi-story buildings;
5. Changed the term “menu board sign” under Miscellaneous Signs (Section 5.3.2.D.(4)c.) to “menu sign” for consistency with definition.
6. Clarified that the ULDC sign regulations apply to Villages J and K in Wellen Park (unless future modifications are approved by City Commission).
7. Corrected other minor scrivener errors.
Business Impact Estimate
Pursuant to Florida Statutes Section 166.041(4)(c), a business impact estimate was not required as this ordinance is enacted to implement Part II of Florida Statutes Chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements, and development permits.
Strategic Plan
Economic Development & Growth Management Pillar
Good Governance Pillar
Financial Impact
Not Applicable.
Procurement
Not Applicable.
Attachments:
1. Ordinance No. 2024-14 - Second Reading
2. Ordinance No. 2024-14 - First Reading
Prepared by: Lori Barnes, AICP, CPM, Assistant Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department