TO: Honorable Mayor & Members of the North Port Commission
FROM: Jonathan R. Lewis, ICMA-CM, City Manager
TITLE: Discussion, and possible action to suspend Sign Regulations in Sections 29-6 (K) and 29-7 (O) of the Unified Land Development Code, for signs at the City Hall Complex and the Butler Park/Morgan Family Center Complex on Election Days.
Recommended Action
Approve written plan pursuant Sections 29-6 (K) and 29-7 (O) of the Unified Land Development Code.
Background Information
Chapter 29, Sections 6 (K) and 7(O) of the Unified Land Development Code prohibits signs on public property except those signs authorized in writing by action of the City Commission.
At their regularly scheduled meeting of November 22, 2016, City Commission directed staff to bring to Commission language to allow signs on public property for a specified time period during certain election dates as approved by the Sarasota County Supervisor of Elections. This is similar to the action taken by Commission at the October 11, 2016 Commission meeting, which Commission voted to approve a written plan which suspended sign-related rules at polling places at the City Hall Complex and the Butler Park/Morgan Family Center Complex for the November 8, 2016 election.
Chapter 29 Sign Regulations of the Unified Land Development Code (ULDC) Sec. 29-8 L. lists political signs as exempt however, they are regulated pursuant to Florida Statutes106.1435. In addition, Florida Statutes 106.1435 (3) states, “no political campaign advertisements shall be erected, posted, painted, tacked, nailed, or otherwise displayed, placed, or located on or above any state or county road right-of-way.” The Florida Statute 106.1435(5), goes on to state that “this provision does not preclude municipalities from imposing additional or more stringent requirements on the usage and removal of political campaign advertisements”.
The University of Florida is currently working on rewriting the North Port Unified Land Development Code. One of the areas being addressed is the rewriting of Chapter 29 Sign Regulations to comply with the Supreme Court Ruling in Reed vs. Gilbert for content neutrality of signs.
The proposed plan is below:
• For a 24-hour period beginning at midnight on election dates, which have been approved by the Sarasota County Supervisor of Elections, sign regulations found in the City’s land development code will not be enforced by staff at the City Hall complex and the Butler Park/Morgan Center complex.
• Enforcement of the sign regulations will resume at the end of the 24-hour period.
• This written plan if approved by the City Commission shall terminate when the Commission modifies City’s Unified Land Development Code Chapter 29 Sign Regulations or after November 2018 election date, whichever comes first.
Staff’s only concern with this plan is that the placement of signs in medians can create a risk for someone being hit by a vehicle. The Commission may want to not include the medians as part of this plan.
Strategic Plan
Goals: Financially Responsible City Providing Quality Municipal Services
Financial Impact
Not Applicable
Procurement
Not Applicable
Attachments:
1. Chapter 29, Sections 29-6 and 29-7
2. Minutes, Commission Regular Meeting, October 11, 2016
Prepared by: Sherry Willette-Grondin
Department Director: Scott Williams