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  • Venice Gondolier

    North Port City officials: Right of way signs not allowed

    By DANIEL FINTON STAFF WRITER,

    21 days ago

    https://img.particlenews.com/image.php?url=020SxM_0sjIjggx00

    NORTH PORT — Sticking a sign advertising a yard sale or a roofing business into the ground at a street corner or median in North Port remains against the rules.

    It took effect in 2022, after a Supreme Court ruling on an Arizona case.

    Signs are mentioned in the city’s Unified Land Development Code and the current regulations are being completely repealed and replaced, per officials.

    The city’s Unified Land Development Code contains number of ordinances regarding the city’s development.

    The guidelines, according to Development Director Alaina Ray, via a new social media series “Answers with Alaina,” contain specifics including provisions for zoning, parking and stormwater.

    She said the ULDC had not been updated since 2010.

    Back then, Ray said, there was not nearly as much building occurring. And, she added, the 2010 rendition of the ULDC did not comply with certain state codes.

    A new ULDC will contain five chapters and an appendix of definitions.

    Assistant Development Services Director Lori Barnes said establishing consistency with state requirements is essential. It will help in avoiding sticky situations such as litigation.

    A 2022 Supreme Court case from Arizona called Reed v. Town of Gilbert sparked change, she said.

    A church in Gilbert, Arizona, did not have a permanent location, so church officials advertised where they would be on any given weekend with temporary signs.

    In an attempt to intervene by the means of regulation enforcement from the city, it was determined that it was a violation of Freedom of Speech.

    In the case, the city ended up having to pay around $800,000 in legal fees.

    “Allowing them only for certain circumstances or groups is in direct conflict with the equal protection clause of the constitution,” Barnes said.

    North Port now prohibits all temporary signs at rights of way, Barnes said.

    “This is not something unique to North Port,” she said. “We, as a city need to allow all of them — or prohibit them and pick them up when our code enforcement officers see them.”

    The reason for them not being allowed in the first place is down to safety and aesthetic issues, according to Barnes. Along with being an eyesore, she said the signs can cause distractions to traffic or pedestrians.

    Barnes admitted such signs may still be seen from time to time. People can put them up when code enforcement officials are off duty. When seen by enforcement officers, they are removed.

    “Code enforcers do not work nights or weekends,” she said.

    North Port City Council members have discussed recently opening up some designated areas in the city where signs may be allowed. Nothing has been decided yet.

    To learn more about the new ULDC visit northportfl.gov

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