Most Recent Item May 17, 2016 Regular City

Transcription

CITY COUNCIL REGULAR MEETING
CITY OF NEW PORT RICHEY
NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS
5919 MAIN STREET, NEW PORT RICHEY, FLORIDA
May 17, 2016
7:00 PM
AGENDA
ANY PERSON DESIRING TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, WITH
RESPECT TO ANY MATTER CONSIDERED AT ANY MEETING OR HEARING, WILL NEED A RECORD
OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. THE LAW DOES NOT REQUIRE THE CITY CLERK TO TRANSCRIBE
VERBATIM MINUTES; THEREFORE, THE APPLICANT MUST MAKE THE NECESSARY
ARRANGEMENTS WITH A PRIVATE REPORTER (OR PRIVATE REPORTING FIRM) AND BEAR THE
RESULTING EXPENSE. (F.S.286.0105)
ORDER OF
BUSINESS
1. Call to Order – Roll Call
2. Pledge of Allegiance
3. Moment of Silence
4. Approval of the May 3, 2016 City Council Work Session and Regular Meeting Minutes
Page 3
5. Officer Swearing-In: William Milana
6. Proclamation - Kids to Parks Day
Page 10
7. Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda
8. Consent Agenda
a.
Purchases/Payments for City Council Approval
Page 11
9. Public Reading of Ordinances
a.
Second Reading, Ordinance 2016-2078: Sign Regulations, Phase I
10. Business Items
Page 1
Page 13
a.
b.
c.
d.
e.
f.
g.
h.
2014/2015 Multi-Use Path (River Walk to Rec. Center) Project Close-Out
Request to Purchase Body-Bug Equipment
Request to Purchase Crash and Crime Scene Laser Mapping System
Request to Replace Lighting Fixtures on the Police Department's Front Parking Lot
Memorandum of Understanding between the City of New Port Richey and New Port
Richey Main Street, Inc.
Board Appointment: Rob Oman, Parks and Recreation Board
Three Minute Report: Economic Development
Three Minute Report: Parks and Recreation
Page 55
Page 64
Page 68
Page 77
Page 79
Page 87
11. Communications
12. Adjournment
Agendas may be viewed on the City's website: www.citynpr.org. This meeting is open to the public. In accordance with the Americans
with Disabilities Act of 1990 and Section 286.26, Florida Statutes, all persons with disabilities needing special accommodations to
participate in this meeting should contact the City Clerk, 727-853-1024, not later than four days prior to said proceeding.
Page 2
MINUTES OF THE CITY COUNCIL WORK SESSION
May 3, 2016
5:00 PM
ORDER OF
BUSINESS
1
Call to Order - Roll Call
The meeting was called to order by Mayor Rob Marlowe at 5:00 pm. Those in attendance were
Deputy Mayor Bill Phillips, Councilman Chopper Davis, and Councilman Jeff Starkey.
Councilwoman Judy DeBella Thomas was excused.
Also in attendance were City Manager Debbie Manns, City Clerk Doreen Summers,
Development Director Lisa Fierce, Senior Planner Chris Mettler, and Technology Solutions
Director Bryan Weed. City Attorney Joseph Poblick was not in attendance.
DISCUSSION ITEMS
2
Urban Agriculture
Upon opening the floor to public comment, City resident Greg Smith stated he preferred that
gardens be limited to rear yards, citing a potential lack of upkeep and additional Code
Enforcement supervision. He objected to possible fruit and vegetable stands in residential areas.
He suggested researching other municipalities to determine if urban gardens caused their
property values to rise, and providing training to prospective gardeners. Another resident
questioned using reclaimed water on food plants if it was undrinkable, and stated that not all
residents wanted to see vegetable plantings in their neighbors' front yards.
City resident Barbara Sullo stated that as an urban grower, she did not intend to sell her produce.
Her purpose was to provide healthy food for herself that was free of pesticides, and that urban
growers would maintain their yards properly.
City resident and Environmental Committee Chair Dell deChant stated that information in
support of urban agriculture and community gardens had been supplied previously to Council.
The ordinance before Council would decrease City chemical runoff due to its organic fertilizer
requirement; also, potential gardeners would be approved before a permit was issued.
Additionally, using empty lots as urban gardens would enhance City appearance.
Page 3
City resident George Agey stated that he grew produce for his family's sustenance, and needed to
farm his front yard because the back yard was unusable. None else coming forward, Mayor
Marlowe returned the floor to Council.
In response to Mayor Marlowe's queries, Development Director Fierce supplied the following
information.
The current ordinance allowed an entire property's use as an urban garden, including the
front yard.
Hydroponics were allowed in industrial-use areas only; if such a growth process was used
indoors in a residential area, the City would not be aware of it.
A deed-restricted area's permitted uses take precedence over City ordinances.
Councilman Starkey pointed out that there was no change to front-yard gardening, which was
currently allowed in City code. The ordinance under consideration pertained only to limited
sales in residential districts. An unkempt yard, whether a garden or not, would still be a Code
Enforcement issue.
Deputy Mayor Phillips, while acknowledging a possible increase in property values and
appearance, was not pleased with the ordinance and other aspects of urban gardening.
He questioned the use of a property's entire yard, if desired, for urban gardening.
He did not approve of urban gardens in the downtown core.
The Environmental Committee's actions were autonomous, and should be supervised.
There was a possibility for contention between neighbors who chose to garden and those
who preferred not to see front-yard gardens on their street.
In response to Councilman Davis's query, Director Fierce stated the owner's permission was
required for gardeners to plant on derelict or empty properties, whether individually or as a
community garden. Mr. Davis noted that if a property owner required rent from a potential
grower(s), the garden would become a commercial venture in a residential area. Additionally,
problems or issues with the garden would be out of the property owner's control. Mayor
Marlowe agreed with Mr. Davis's assessment that the proposed ordinance did nothing except
allow for limited produce sales on residential properties.
Mayor Marlowe invited Mr. Rob Oman to address Council on the issue. Mr. Oman noted that
nationally-conducted research in blighted areas of major cities such as Detroit, Austin, and
Orlando showed a decrease in crime and increased property value. Councilman Starkey was in
favor of the ordinance, adding that schools promoting urban gardening engaged youth, especially
troubled youth, and that community-service hours could be applied to tending community
gardens.
Mayor Marlowe invited Mr. Jon Tietz to address Council on the issue. Mr. Tietz made the
following points.
The proposed ordinance was an extension of Ordinance 2012-1988 pertaining
to community gardens.
The ordinance provided additional protection and promotion to community gardens and
urban agriculture from their original status.
The ordinance gave gardening an official status, providing a mechanism for requirements
and a structured environment.
Mr. Agey commented further, stating that four houses in his neighborhood recently sold, and that
the new owners loved being able to garden.
City Manager Manns stated the ordinance would come before Council for its second and final
reading on June 7; Director Fierce added that the second reading's date was contingent upon
State approval of the City's revised Comprehensive Plan.
3
Page 4
Adjournment
There being no further business to consider, upon proper motion, the meeting adjourned at 5:53
pm.
Approved:
Initialed:
Page 5
(date)
(signed)
Doreen M. Summers, CAP-OM, CMC, City Clerk
MINUTES OF THE CITY COUNCIL REGULAR MEETING
May 3, 2016
7:00 PM
ORDER OF
BUSINESS
1.
Call to Order – Roll Call
The meeting was called to order by Mayor Rob Marlowe at 7:00 pm. Those in attendance were Deputy
Mayor Bill Phillips, Councilman Chopper Davis, and Councilman Jeff Starkey. Councilwoman Judy
DeBella Thomas attended remotely.
Also in attendance were City Manager Debbie Manns, City Attorney Joseph Poblick, City Clerk
Doreen Summers, Chief of Police Kim Bogart, Library Director Susan Dillinger, Finance Director
Crystal Feast, Development Director Lisa Fierce, Fire Chief Chris Fitch, Economic Development
Director Mario Iezzoni, Public Works Director Robert Rivera, Parks and Recreation Director Elaine
Smith, Technology Solutions Director Bryan Weed, and Human Resources Manager Bernie Wharran.
2
Pledge of Allegiance
3
Moment of Silence
A moment of silence was held to honor American servicemen and -women serving at home and abroad.
4
Approval of the April 19, 2016 Regular City Council Meeting and the April 21, 2016 Work Session
Minutes
Motion was made to approve the minutes as presented.
Motion made by Chopper Davis and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes: Davis,
DeBella Thomas, Marlowe, Phillips, Starkey
Page 6
5
Presentation: Donation to Parks and Recreation by the West Pasco Quilters Association
6
Proclamation - National Safe Boating Week
7
Employee Recognition: Chasco Fiesta Parade City Float
8
Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda
Upon opening the floor to Vox Pop, City resident John Mcmann came forward with recommendations
regarding the City's skate park.
The skate park should be free of charge.
No helmets should be required.
He suggested that the City hold skateboard competitions.
Westside Skateshop could be approached as a sponsor and prize donor.
None else coming forward for Vox Pop, Mayor Marlowe returned the floor to Council.
9
Consent Agenda
City Manager Manns noted that the Environmental Committee's February 28 minutes were also
included, and that the Police Pension Board met on March 23. Motion was made to accept the Consent
Agenda with comments; Deputy Mayor Phillips requested that a Police Pension Board representative
address Council regarding its pension fund, and expressed his thanks to Ms. Betty Black for her years
of City volunteer service.
Motion made by Bill Phillips and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes: Davis,
a
Approval of the March 21, 2016 Cultural Affairs Committee, the February 15, 2016 Environmental
Committee, and the March 9 and 28, 2016 Police Pension Board Minutes
b
Parks and Recreation Advisory Board Minutes - March 2016
c
10
Public Reading of Ordinances
a
Second Reading, Ordinance 2016-2083: Code Amendment - Mobile Home Park District
City Attorney Poblick read the proposed ordinance by title only. None coming forward for public
comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the ordinance
upon its second and final reading.
Motion made by Jeff Starkey and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes: Davis,
b
First Reading, Ordinance 2016-2078: Sign Regulations, Phase I
Attorney and consultant Susan Trevarthen, Esq. made a PowerPoint presentation outlining the legal
background for sign regulations, noting that campaign/political signage was now designated "free
expression" signage in Section 13.17.00. None coming forward for public comment, Mayor Marlowe
returned the floor to Council.
In response to Mayor Marlowe's query, Ms. Trevarthen stated that a different consultant would be
utilized for Phase II probably by the end of the current year. In response to Councilwoman DeBella
Thomas, Ms. Trevarthen noted that the City's political sign bond requirement was removed, as it
singled out one entity (candidates for office) for bonding. A sign bond could be levied on temporary
signage, but it must be levied against all entities.
City Attorney Poblick read the proposed ordinance by title only. Motion was made to approve the
ordinance upon its first reading.
Motion made by Jeff Starkey and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes:
Davis, DeBella Thomas, Marlowe, Phillips, Starkey
11
Page 7
Business Items
a
Deductive Change Order, Final Pay Request - City Hall, Library, and Fire Station Exterior Painting
Project
None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was
made to approve the deductive change order and final pay request.
Motion made by Chopper Davis and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes: Davis,
b
Consideration of Request for a Four-Way Stop Sign Installation at the Intersection of Old Main Street
and Polk Street
Upon opening the floor to public comment, City resident Betty Sasse stated that she and her neighbors
were in favor of the stop signs, citing frequent high-speed traffic. City resident Rob Oman concurred,
stating that the area maintained a constant high-traffic volume. None else coming forward for public
comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the four-way
stop sign installation.
c
90 Days of Summer Sale on Three Month Memberships
Upon opening the floor to public comment, City resident John Mcmann asked where the new skate
park would be located. Parks and Recreation Director Smith responded that the new location was not
yet chosen, but asked that Mr. Mcmann contact her office to provide input. None else coming forward
for public comment, Mayor Marlowe returned the floor to Council.
In response to Councilman Starkey, Director Smith stated that the memberships were to be paid in full
at purchase, but that the new software installation would allow an automatic monthly debit. Motion
was made to approve the Recreation and Aquatic Center membership sale.
d
City Manager Performance Evaluation
Councilwoman DeBella Thomas recommended extending the City Manager's contract for an additional
two years, to which Councilman Starkey agreed. She suggested deferring considering compensation
until the fiscal year budget discussion. Mayor Marlowe was very impressed with Ms. Manns's
performance, as was Councilman Starkey. Deputy Mayor Phillips stated that he held City Manager
Gerald Seeber's performance as a benchmark, and awarded 50 out of a possible 60 score. Councilman
Davis requested more Council communication with City staff, and noted some projects preceded their
analyses; he cited Sims Park and its LED screens as examples. Deputy Mayor Phillips mentioned a
previous City situation, and asked that the contract make no provision for outgoing compensation.
Motion was made to approve a two-year contract extension.
Deputy Mayor Phillips stated he was not in favor of discussing compensation that evening; he
preferred to wait until Councilwoman DeBella Thomas's return in order to consider compensation
with all Council members present. Mayor Marlowe recommended that City Manager compensation be
discussed at the June 7 Council meeting.
Motion made by Jeff Starkey and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes:
Davis, DeBella Thomas, Marlowe, Phillips, Starkey
Page 8
e
Three Minute Report: Police
f
Three-Minute Report: Human Resources
12
Communications
Councilwoman DeBella Thomas mentioned the Anaheim, California skateboard competition, and said
that she would bring back skate park ideas for the City's consideration. Councilman Starkey was
informed that Sims Park's Wednesday wine-tasting event was very successful and a good event for the
City. He noted the dead palm trees around Orange Lake; City Manager Manns stated there were four
dead palm trees in all, and that all were under warranty except the palm that had been planted beneath an
oak tree.
Councilman Starkey expressed his displeasure with the numerous shopping carts discarded throughout
the City. Specific businesses whose carts were predominantly removed were the two Winn-Dixie
stores, the Save-A-Lot, and the Dollar General. Chief Bogart responded that officers had previously
collected 17 carts at a single cleanup operation, and that although theft of a shopping cart is a felony,
most businesses preferred not to prosecute the offender. He suggested that the City consider an
ordinance requiring businesses to take legal action. City Manager Manns stated she would coordinate
with Chief Bogart and City Attorney Poblick to contact the businesses and inform them that the City
would no longer accept such misuse of staff's time.
Mayor Marlowe expressed his pleasure to see Mr. Mcmann and hear his comments; he asked City staff
to consider a new skate park that would accommodate skateboards, inline skates, and BMX bicycles.
He suggested designating certain downtown areas for golf cart and GEM parking.
Mayor Marlowe counted eight birthday parties in Sims Park the previous Saturday afternoon, however,
outdoor music from the cigar bar interfered with the Studio Theatre's production that evening, and
Dulcet's outdoor music could be heard in the Lafayette Street residential area. Deputy Mayor Phillips
concurred, stating that downtown noise needed to be addressed, especially after 11:00 pm. He noted
that Dulcet's outdoor reggae played until 1:00 am.
Deputy Mayor Phillips, along with Councilwoman DeBella Thomas, would not attend the May 14 Walk
in Sims Park and the May 17 council meeting. He noted Saturday's excellent movie attendance, and
asked that the upcoming budget be analyzed carefully before passage.
Councilman Davis stated he would also not be able to attend the May 14 walk, and remarked upon the
successful Sims Park wine event. He suggested revenue-generating projects such as promoting Peace
Hall rentals and City-wide marketing.
13
Adjournment
There being no further business to consider, upon proper motion, the meeting adjourned at 8:34 pm.
(signed) ______________________________________
Doreen M. Summers, CAP-OM, CMC, City Clerk
Approved: ____________________ (date)
Initialed: ____________________
Page 9
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City Of New Port Richey
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. r
ATTEST:.
DATE: _
Page 10
.
TO:
City of New Port Richey City Council
FROM:
Crystal S. Feast
DATE:
5/17/2016
RE:
.
REQUEST:
The City Council is asked to review the attached list of purchases and expenditures and authorize payment.
DISCUSSION:
Section 2-161 of the City Ordinance requires approval by the City Council on purchases and payments in excess of
$25,000.
RECOMMENDATION:
It is recommended that the City Council authorizes the payment of the attached list of purchases and expenditures.
BUDGET/FISCAL IMPACT:
The purchases and expenditures presented have already been budgeted for. Expenditures will be included in the fiscal
year-end reporting.
ATTACHMENTS:
Description
Page 11
Type
Backup Material
PURCHASES/PAYMENTS FOR COUNCIL APPROVAL
D L Porter Construction Inc.
Project: Hacienda Hotel Rehabilitation
99% work has been completed
ITB 16-006
Draw #5
$44,111.75
RECURRING EXPENDITURES OVER $25,000
Bank of America (Credit Card Purchases – March)
Duke Energy (March Services)
Fiduciary Trust Intl of the South (FY2015 Actuarial)
Fiduciary Trust Intl of the South (Police Pension 04/07/16)
Fiduciary Trust Intl of the South (Police Pension 04/22/16)
Tampa Bay Water
Page 12
$61,129.60
$100,473.97
$133,968.00
$46,113.69
$44,364.50
$134,108.92
.
.
TO:
FROM:
Lisa L. Fierce, Development Director
DATE:
5/17/2016
RE:
Second Reading, Ordinance 2016-2078: Sign Regulations, Phase I
REQUEST:
Council is to conduct a (second) public hearing of the ordinance.
DISCUSSION:
The City Council held a first hearing on the proposed amendments to the sign regulations on May 3, 2016.
The proposed ordinance includes several changes to the temporary sign regulations (Section 13.05.00) and a few to
the permanent sign regulations that are designed to enhance the defensibility of the regulations and respond to a recent
U.S. Supreme Court case (Reed v. Town of Gilbert, described below):
Removal of regulation by sign categories based on content or function, including political signs or election
signs, grand opening and closing signs, garage-yard sale signs and holiday decoration;
Replacement of the above regulations with more generic and simplified signage opportunities, without
specifying that the signs must convey a particular message;
Reduction in the number of sign types exempted from the regulations (Section 13.08.00) and the number of
sign types prohibited (Section 13.07.00); and
Revision and, where appropriate, removal of definitions for consistency with the regulations and case law
standards (Section 13.02.00).
The changes to the intent, scope and purpose of the article are necessary to better articulate the compelling and
substantial governmental interests that justify the regulation of signs: traffic safety and preserving aesthetics. The
changes specifically reference and respond to the governing case law, and articulate that the requirement for local
government sign regulation in Florida Statutes, the Florida Constitution’s protection of scenic beauty, and the relevant
goals, objectives and policies of the City’s comprehensive plan and Community Redevelopment Plan, all factors that
were missing from the Reed decision, all present compelling governmental interests supporting sign regulation in
New Port Richey.
This ordinance is intended as Phase One of the City’s work on its sign code, to make the regulations more closely
conform to the recent case law. The City intends to revisit the sign code in a second phase, where staff and consultants
will comprehensively evaluate and update all of the standards applicable to signage in the City, and provide
opportunities for public input and outreach.
The Constitutional Issue:
Signs are protected under the free speech guarantees of the First Amendment of the U.S. Constitution and local
government sign regulation must be in conformance. The regulations cannot vary based on the content of speech that
the sign is intended to express, and cannot favor or punish points of view or topics. “Content-based” regulation is
presumptively unconstitutional and must be justified by a compelling governmental interest. If a sign regulation is
content-based on its face, its purpose, its justification and its function do not matter. If it is content-neutral, then these
Page 13
factors can be considered in evaluating the constitutionality of the regulation. However, the courts have been unclear
about exactly how to determine whether a particular regulation is “content-based.”
Sign regulations must be narrowly tailored to achieve the City’s governmental purposes for regulating signs, which can
be generally characterized as aesthetics and traffic safety. The regulations must not be substantially overbroad,
exceeding the scope of the governmental interests justifying regulation. But they also must not be substantially underinclusive, so narrow or exception-ridden that the regulations fail to further the governmental interests. And, the
regulations for commercial signage cannot be looser than those for noncommercial signage, because noncommercial
speech is more highly protected by the First Amendment.
A 2015 U.S. Supreme Court case (Reed v. Town of Gilbert) places greater limitations on how much the City’s sign
regulations can be tailored based on the functions or content of sign types. The case arose from a temporary sign
category that allowed a number of small directional signs to be briefly placed in the right-of-way prior to and
following a special event of a nonprofit entity. This categorical sign type was used by a small itinerant church, led by
Pastor Reed, to publicize its church services at various locations including elementary schools and nursing homes.
The Town of Gilbert cited the church for placing signs that failed to comply with the regulations for this sign type,
because they were too large, were posted for too long and did not contain directional content.
Pastor Reed and the church sued because the Gilbert code treated these event directional signs differently from other
noncommercial signs, and allowed temporary signs related to elections in the right of way and permanent ideological
signs on private property to be larger and to be posted for a longer time. The Reed opinion modifies prior Supreme
Court precedent by holding that government regulation of speech is “content-based” if a law applies to particular
speech because of the topic discussed or the idea or message expressed. The majority opinion of the Court was
delivered in an opinion by Justice Thomas, but three of the six justices who joined his opinion also joined a more
narrow concurring opinion by Justice Alito.
The two opinions differ in some aspects; read together as the holding of the case they suggest that a regulation
creating a category for a purely directional message, which merely gives “the time and location of a specific event,” is
one that “conveys an idea about a specific event” and may be considered content-based. Sign regulations tied to the
identity of the speaker may be content-based. Event-based sign regulations may also be considered content-based.
Justice Alito’s opinion assures local governments that Reed does not affect their continued ability to regulate based
on key distinctions such as commercial vs. noncommercial, off-premise vs. on-premise, temporary vs. permanent, and
regulation by zoning district and land use. Governmental signs on governmental property, including traffic control
devices, are not affected by the First Amendment, and can be controlled in the broad discretion of the City. Private
signs are not required to be allowed on governmental property.
Most sign codes in Florida, and across the country, fail to meet all of the requirements of Reed. Thus, this Ordinance
was prepared for your consideration.
The proposed new language is shown with underlining and deleted language is shown with strikethrough.
Compatibility with Comprehensive Plan:
The proposal is consistent with the following Comprehensive Plan goals, objectives and policies:
FLU Goal 1 - To promote compatible land uses which will maximize, enhance and preserve New Port Richey’s
unique and attractive characteristics in a manner consistent with the economic, physical, ecological and social
needs, capabilities and desires of the community.
FLU Policy 1.1.2 - To implement this Comprehensive Plan, the City shall continue to implement land
development regulations that contain specific and detailed provisions which, at minimum, shall:
e. Regulate signage;
l. Provide requirements for the provision of open space, and safe and convenient on-site traffic flow and
parking requirements;
FLU Objective 1.3 - Design commercial development that is compatible with environmental and economic
resources, to enhances access and circulation, results in a positive and attractive built environment and will be
in keeping with the needs and character of the community.
FLU Policy 1.3.2 - The City shall promote commercial development that serves to maintain or enhance the
economic health of the City, and to increase job opportunities, per capita income and convenience for
residents.
FLU Policy 1.6.4 - The New Port Richey Redevelopment Plan shall, at minimum, address the following
Page 14
issues:
h. Reduction of confusion and visual clutter through the control of the size, placement and related aspects
of signage;
i. Assurance of safe and efficient traffic flow to and from the downtown and surrounding areas;
LIV Objective 4.6 - Provide standards for the design and construction of signs that reflect the existing or
intended neighborhood character and are expressive of individual businesses and community facilities.
LIV Policy 4.6.1 - Encourage high quality signs that are attractive, appropriate for the location and balances
visibility needs with aesthetic needs.
LIV Policy 4.6.2 - Develop sign regulations to require monument (ground) signs in lieu of pole signs. Ground
signs shall be designed and constructed:
a. To complement the architectural character of on-site buildings;
b. To include a street address number or range of address numbers for the building(s) it identifies (considered
as a part of the sign area);
c. With roof, capital or base design detail; and
d. With landscaping in the area surrounding the sign base.
LIV Policy 4.6.3 - Create special sign districts, where appropriate, to reflect neighborhood identity, historical
or environmental features, or architectural character.
TRA Goal 1 - To provide a street network that is safe, convenient, attractive, cost-effective and efficient;
integrated with other transportation modes; and available to all residents and visitors to the City.
TRA Objective 1.2 - Promote efficient and safe traffic circulation through transportation planning and
administration of land use controls.
TRA Objective 2.2 - A multimodal transportation system that emphasizes safety and aesthetics.
TRA Policy 2.2.2 - The City shall develop and enforce the signage requirements along roadways in the Land
Development Code.
RECOMMENDATION:
Staff recommends approval of the ordinance. The Land Development Review Board recommend approval at its April
21, 2016 meeting.
None.
ATTACHMENTS:
Description
Ordinance #2016-2078
LDRB Minutes April 21, 2016
Page 15
Type
Ordinance
Backup Material
ORDINANCE # 2016-2078
AN ORDINANCE OF THE CITY OF NEW PORT RICHEY,
FLORIDA, AMENDING APPENDIX “A” OF THE CODE OF
ORDINANCES, “LAND DEVELOPMENT CODE,” CHAPTER 1,
“GENERAL PROVISIONS,” TO AMEND THE GENERAL
FINDINGS; AND TO AMEND CHAPTER 13, “SIGNS AND
ADVERTISING,” TO AMEND THE LEGISLATIVE FINDINGS,
REGULATIONS,
PROCEDURES
AND
PROHIBITIONS
APPLICABLE
TO
SIGNAGE;
PROVIDING
FOR
CODIFICATION, SEVERABILITY, CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, the City of New Port Richey (“City”) enacted Ordinance No. 2005-1744 which
adopted a new Appendix “A,” Land Development Code (the LDC); and
WHEREAS, the City Council adopted Ordinance Nos. 2006-1792, 2007-1870, 2007-1865 and 20132000 which amended Chapter 13, “Signs and Advertising” of the LDC; and
WHEREAS, the City Council desires to modify and update certain sign regulations in order to
respond to recent case law including Reed v. Town of Gilbert,___U.S.___, 135 S. Ct. 2218, 192 L. Ed. 2d 236
(2015); and
WHEREAS, in order to address changed and changing conditions as the City continues to develop,
the City Council further desires to clarify the wording and structure of the sign regulations; and
WHEREAS, the City finds and determines that the purpose and intent provisions of its signage
regulations should be detailed so as to further describe the beneficial aesthetic, traffic safety, and other effects
of the City's sign regulations, and to reaffirm that the sign regulations are concerned with the secondary
effects of speech and are not designed to censor speech or regulate the viewpoint of the speaker; and
WHEREAS, various signs that serve as signage for particular land uses are based upon contentneutral criteria in recognition of the functions served by those land uses, but not based upon any intent to
favor any particular viewpoint or control the subject matter of public discourse; and
WHEREAS, the City finds and determines that the sign regulations adopted hereby allow and leave
open adequate alternative means of communications, such as newspaper advertising, digital media, internet
advertising and communications, advertising in shoppers and pamphlets, advertising in telephone books,
advertising on cable television, advertising on UHF and/or VHF television, advertising on AM and/or FM
radio, advertising on satellite radio, advertising on internet radio, advertising via direct mail and other avenues
of communication available in the City [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204, 1205
(Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469, 477 (1989);
Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007); Naser Jewelers v. City of Concord, 513 F.3d 27 (1st
Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007); La Tour v. City of Fayetteville, 442 F.3d
1094, 1097 (8th Cir. 2006); Reed v. Town of Gilbert, 587 F.3d 866, 980-981 (9th Cir. 2009)]; and
WHEREAS, in Reed v. Town of Gilbert, Ariz., -U.S.-, 135 S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015),
the United States Supreme Court, in an opinion authored by Justice Thomas, and joined in by Chief Justices
Roberts, Scalia, Alito, Kennedy and Sotomayer, addressed the constitutionality of a local sign ordinance that
had different criteria for different types of temporary noncommercial signs; and
Ordinance #2016-2078 – Sign Regulations - Page 1 of 36
Page 16
WHEREAS, in Reed, Justice Alito in a concurring opinion joined in by Justices Kennedy and
Sotomayer pointed out that municipalities still have the power to enact and enforce reasonable sign
regulations; and
WHEREAS, Justice Alito further noted that in addition to regulating signs put up by private actors,
government entities may also erect their own signs consistent with the principles that allow governmental
speech [see Pleasant Grove City v. Summum, 555 U.S. 460, 467-469 (2009)], and that government entities may
put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites
and scenic spots; and
WHEREAS, Justice Alito noted that the Reed decision, properly understood, will not prevent cities
from regulating signs in a way that fully protects public safety and serves legitimate aesthetic objectives,
including rules that distinguish between on-premises and off-premises signs (alternatively referred to as onsite and off-site signs); and
WHEREAS, under established Supreme Court precedent and Eleventh Circuit precedent,
commercial speech may be subject to greater restrictions than noncommercial speech and that doctrine is true
for both temporary signs as well as for permanent signs; and
WHEREAS, the City finds and determines that the regulation of signs within the City strongly
contributes to the development and maintenance of a pleasing, visually attractive environment, and that these
sign regulations are prepared with the intent of enhancing the environment and promoting the continued
well-being of the City; and
WHEREAS, the City finds and determines that the regulation of signage for purposes of aesthetics
has long been recognized as advancing the public welfare; and
WHEREAS, the City finds and determines that, as far back as 1954, the United States Supreme
Court recognized that "the concept of the public welfare is broad and inclusive," that the values it represents
are "spiritual as well as physical, aesthetic as well as monetary," and that it is within the power of the
legislature "to determine that the community should be beautiful as well as healthy, spacious as well as clean,
well balanced as well as carefully patrolled" [in Berman v. Parker, 348 U.S. 26, 33 (1954)]; and
WHEREAS, the City finds and determines that aesthetics is a valid basis for zoning, and that the
regulation of the size and appearance of signs and the prohibition of certain types of signs can be based upon
aesthetic grounds alone as promoting the general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade
County v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott Advertising Co. v. Metropolitan Dade County, 425 F.2d 1141
(5th Cir. 1970), cert. dismissed, 400 U.S. 878 (1970)]; and
WHEREAS, the City finds and determines that these sign regulations further the single-family
residential character and ambiance of the City, and reflect its commitment to maintaining and improving an
attractive environment; and
WHEREAS, the City finds and determines that the beauty of the City's natural and built
environment has provided the foundation for the economic base of the City's development, and that the
City's sign regulations help create an attractive residential community for its residents; and
WHEREAS, the City finds and determines that the goals, objectives and policies of its plans over
the years demonstrate a strong, long-term commitment to maintaining and improving the City's attractive and
visual environment; and
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WHEREAS, the City finds and determines that, from a planning perspective, one of the most
important community goals is to define and protect aesthetic resources and community character; and
WHEREAS, the City finds and determines that the purpose of the regulation of signs as set forth in
this Ordinance is to promote the public health, safety and general welfare through a comprehensive system of
reasonable, consistent and nondiscriminatory sign standards and requirements; and
WHEREAS, the City finds and determines that the sign regulations in this Ordinance are intended
to lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement,
illumination, animation and excessive height, area and bulk of signs which compete for the attention of
pedestrian and vehicular traffic; and
WHEREAS, the City finds and determines that these sign regulations are intended to protect the
public from the dangers of unsafe signs; and
WHEREAS, the City finds and determines that these sign regulations are intended to permit signs
that are compatible with their surroundings and aid orientation, and to preclude placement of signs in a
manner that conceals or obstructs adjacent land uses or signs; and
WHEREAS, the City finds and determines that these sign regulations are intended to regulate signs
in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians; and
WHEREAS, the City finds and determines that these sign regulations are intended to require signs
to be constructed, installed and maintained in a safe and satisfactory manner; and
WHEREAS, the City finds and determines that in meeting the purposes and goals established in
these findings, it is appropriate to prohibit and to continue to prohibit certain sign types; and
WHEREAS, the City finds and determines that the prohibition of the construction of billboards
and certain other sign types, as well as the establishment and continuation of height, size and other standards
for on-premise (on-site) signs, is consistent with the policy set forth in the Florida Constitution that it shall be
the policy of the State to conserve and protect its scenic beauty; and
WHEREAS, the City finds that local governments may separately classify off-site and on-site
advertising signs in taking steps to minimize visual pollution [see City of Lake Wales v. Lamar Advertising
Association of Lakeland Florida, 414 So. 2d 1030, 1032 (Fla. 1982)]; and
WHEREAS, the City finds and determines that a prohibition on the erection of off-site outdoor
advertising signs will reduce the number of driver distractions and the number of aesthetic eyesores along the
roadways and highways of the City [see, e.g., E. B. Elliott Adv. Co. v. Metropolitan Dade County, 425 F.2d 1141,
1154 (5th Cir. 1970), cert. denied, 400 U.S. 878 (1970)]; and
WHEREAS, the City finds and determines that in order to preserve, protect and promote the safety
and general welfare of the residents of the City, it is necessary to regulate off-site advertising signs, so as to
prohibit the construction of off-site signs and billboards in all zoning districts, and to provide that the
foregoing provisions shall be severable; and
WHEREAS, the City hereby finds and determines that anything beside the road which tends to
distract the driver of a motor vehicle directly affects traffic safety, and that signs, which divert the attention of
the driver and occupants of motor vehicles from the highway to objects away from it, may reasonably be
found to increase the danger of accidents, and agrees with the courts that have reached the same
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determination [see In re Opinion of the Justices, 103 N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle,
268 N.W.2d 741 (N.D.1978)]; and
WHEREAS, the City finds and determines that the City has allowed noncommercial speech to
appear wherever commercial speech appears; and the City desires to continue that practice through the
specific inclusion of a substitution clause that expressly allows noncommercial messages to be substituted for
commercial messages; and
WHEREAS, the City finds and determines that, by confirming in this Ordinance that
noncommercial messages are allowed wherever commercial messages are permitted, the City will continue to
overcome any constitutional objection that its ordinance impermissibly favors commercial speech over
noncommercial speech [see Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan.
1999)]; and
WHEREAS, the City finds and determines that under Florida law, whenever a portion of a statute
or ordinance is declared unconstitutional, the remainder of the act will be permitted to stand provided (1) the
unconstitutional provisions can be separated from the remaining valid provisions, (2) the legislative purpose
expressed in the valid provisions can be accomplished independently of those which are void, (3) the good
and the bad features are not so inseparable in substance that it can be said that the legislative body would
have passed the one without the other, and (4) an act complete in itself remains after the valid provisions are
stricken [see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)]; and
WHEREAS, the City finds and determines that there have been several judicial decisions where
courts have not given full effect to severability clauses that applied to sign regulations and where the courts
have expressed uncertainty over whether the legislative body intended that severability would apply to certain
factual situations despite the presumption that would ordinarily flow from the presence of a severability
clause; and
WHEREAS, the City finds and determines that the City has consistently adopted and enacted
severability provisions in connection with its ordinance Code provisions, and that the City wishes to ensure
that severability provisions apply to its land development regulations, including its sign regulations; and
WHEREAS, the City finds and determines that the Code's severability clauses were adopted with
the intent of upholding and sustaining as much of the City's regulations, including its sign regulations, as
possible in the event that any portion thereof (including any section, sentence, clause or phrase) be held
invalid or unconstitutional by any court of competent jurisdiction; and
WHEREAS, the City finds and determines that there must be an ample record of its intention that
the presence of a severability clause in connection with the City's sign regulations be applied to the maximum
extent possible, even if less speech would result from a determination that any provision is invalid or
unconstitutional for any reason whatsoever; and
WHEREAS, the City finds and determines that there must be an ample record that it intends that
the height and size limitations on freestanding and other signs continue in effect regardless of the invalidity or
unconstitutionality of any, or even all other, provisions of the City's sign regulations, other ordinance Code
provisions, or other laws, for any reason(s) whatsoever; and
WHEREAS, the City finds and determines that there must be an ample record that it intends that
each prohibited sign-type continue in effect regardless of the invalidity or unconstitutionality of any, or even
all, other provisions of the City's sign regulations, other ordinance Code provisions, or other laws, for any
reason(s) whatsoever; and
Page 19
WHEREAS, the City Council makes the detailed findings set forth in Section 13.03.00 of Section 3
of this Ordinance as to the purpose, scope and intent of the City’s sign regulations, and the substantial and
compelling governmental interests that are advanced by these regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEW PORT RICHEY, FLORIDA AS FOLLOWS:
SECTION I. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct, and are hereby incorporated herein and made a part hereof.
SECTION II. Chapter 1 “General Provisions” of Appendix “A” “Land Development Code” of
the City of New Port Richey Code of Ordinances is hereby re-numbered and amended as follows:
APPENDIX A. LAND DEVELOPMENT CODE
CHAPTER 1. - GENERAL PROVISIONS
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1.02.00 – Findings
1.02.01 - General findings.
A. Chapter 163, Florida Statutes, requires each Florida local government to enact a unified land development
code which implements and is consistent with the local comprehensive plan, and which contains all land
development regulations for the Ccity.
B. Controlling the location, design and construction of development within the Ccity is necessary to maintain
and improve the quality of life in the Ccity as more fully described below.
1.02.02 - Specific findings relating to the various subject area of this Ccode.
With regard to the following specific subject areas of this Ccode, the Ccity Ccouncil finds:
A. Administration and enforcement.
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B. Signs.
1.
The manner of the erection, location and maintenance of signs affects the public health, safety, morals,
and welfare of the people of this community.
2. The safety of motorists, cyclists, pedestrians, other users of the public streets is affected by the number,
size, location, and appearance of signs that divert the attention of drivers.
3. The size and location of signs may, if uncontrolled, constitute an obstacle to effective fire-fighting
techniques.
Page 20
4.
The construction, erection and maintenance of large signs suspended from or placed on the tops of
buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic
below, especially during periods of strong winds.
5. Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade
attributes of the community and thereby undermine the economic value of tourism, visitation and
permanent economic growth.
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1.03.02 - Specific intent relating to the various subject areas of this Cccode.
The provisions of this Ccode dealing with the following specific subject areas shall be construed and
implemented to achieve the following intentions and purposes of the Ccity Ccouncil:
A. Administration and enforcement.
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B. Signs.
1. To create a comprehensive and balanced system of sign control which accommodates both the need for a
well-maintained, safe and attractive community, and the need for effective business identification,
advertising and communication.
2. To permit signs that are:
a. Compatible with their surroundings.
b. Designed, constructed, installed and maintained in a manner which does not endanger public safety
or unduly distract motorists.
c. Appropriate to the type of activity to which they pertain.
d. Large enough to convey sufficient information about the owner or occupants of a particular
property, the products or services available on the property, or the activities conducted on the
property, and small enough to satisfy the needs for regulation.
e. Reflective of the identity and creativity of individual occupants.
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SECTION III. Chapter 13, “Signs and Advertising” of Appendix “A”, “Land Development Code”
of the City of New Port Richey Code of Ordinances is hereby renumbered and amended as follows:
CHAPTER 13. - SIGNS AND ADVERTISING
ARTICLE I. – SIGNS
13.01.00 - Title; Incorporation of recitals and provisions of Land Development Code.
This article shall be known and cited as the sign ordinance of the Ccity. The recitals contained in
Ordinance No. 17442016-2078, and the provisions of Land Development Code relating to signs contained in
sections 1.02.01, 1.02.02 and 1.03.02 are hereby ratified and confirmed and are incorporated herein by
reference.
13.02.00 - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Page 21
Abandoned or discontinued sign or sign structure shall mean any sign on which is advertised a service that is no
longer available, a business that is no longer licensed, no longer has a certificate of occupancy, or is no longer
doing business at that location and such circumstances have continued for a period of one hundred eighty
(180) days. A sign or sign structure is considered abandoned or discontinued when its owner fails to operate
or maintain a sign for a period of one hundred eighty (180) days or the sign is left blank for said period.
Address signs shall mean a sign displaying the street address of the premises upon which the sign is
located, provided that the letters or numerals shall be no more than six (6) inches in height and the total sign
area shall not exceed two (2) square feet.
Advertisement or advertising shall mean commercial sign copy intended to aid, directly or indirectly, in the
sale, use, or promotion of a business entity, product, commodity, service, activity, or form of entertainment.
Advertising poster. See definition for Window sign.
A-frame sign. See definition for Sandwich sign.
Animated sign shall mean any sign which includes action or motion, or the optical illusion of action or
motion, or color changes of or over all or any part of the sign face, requiring electrical energy or set in motion
by movement of the atmosphere or wind; and includes any sign made up of a series of sections that turn and
stop to show two (2) or more pictures or messages in the copy area, except time and temperature signs; and
includes electronic reader boards with text or graphics that scroll across the screen and signs displaying full
motion video.
Architectural detail shall mean any projection, relief change of material, window or door opening, exterior
lighting, inlay, or other exterior building features not specifically classified as a sign. The term includes, but is
not limited to relief or inlay features or patterns that distinguish window or door openings, and changes in
façade materials to create an architectural effect.
Architectural lighting shall mean any exterior lighting that frames building features.
Artwork shall mean a two- or three-dimensional representation of a creative idea that is expressed in a
form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name
of the business or a commercial message about theany products or services offered on the property upon
which the artwork is displayed.
Area or surface area of signs shall mean that area enclosed by one (1) rectangle, parallelogram, triangle, circle
or semicircle, the sides of which make contact with the extreme points or edges of the sign, including the
supporting structure which does not form part of the sign proper or of the display. The area of a sign
composed of characters or words attached directly to a large, uniform building wall surface shall be the
smallest rectangle, parallelogram, triangle, circle or semicircle which encloses the whole group of words or
characters.
Attached sign shall mean any sign attached to, on or supported by any part of a building (e.g., walls
awning, windows, or canopy) which encloses or covers useable space.
Awning sign shall mean any sign that is a part of or attached to a canopy, awning, or other fabric, plastic,
or structural protective cover projecting from and supported by a building. Canopy/awning signm May also
be referred to as a Marquee sign or a Canopy sign.
Page 22
Balloon sign shall mean an temporary inflatable sign, figure, character, balloon, blimp or other inflatable
item used for advertising purposes on the same zone lot on which the balloon sign is located.
Banner shall mean any sign comprised of a mounted piece of cloth, fabric or other nonrigid material and
includes, but is not limited to, any streamer, bunting, pennant, ribbons, wind flaps, wind banners, teardrop
banners, feather banners, air puppet dancer signs, ensign or standard which is used to attract attention,
whether or not imprinted with words or characters. Flags as defined elsewhere in this subsection shall not be
considered banners.
Beacon shall mean a stationary or revolving light which flashes or projects illumination, single color or
multicolored, in any manner which is intended to attract or divert attention.
Bench sign shall mean a bench or bus shelter upon which a sign is drawn painted, printed or otherwise
affixed thereto that is authorized in writing by the City Council.
Billboard shall mean a large, immobile on-premises or off-premises commercial sign structure that may
or may not be illuminated or have moving parts (e.g. tri-vision signs) that is designed to stand apart from its
surroundings by reason of its attributes including, but not limited to, its size (area) and height. A sign shall be
considered a billboard if its size (area) is in excess of two hundred (200) square feet and/or its height is
greater than twenty-five (25) feet.
Building line shall mean a line beyond which no building may extend, as established by ordinance. A
building line in some instances may coincide with the property line.
Building official or city building official shall mean all code enforcement officers, code enforcement
inspectors, sworn law enforcement officers, building code and fire inspectors.
Building sign. See definition for Projecting sign.
Bulletin board shall mean a sign of permanent character, but with removable letters, words, numerals, or
symbols, indicating the names of persons associated with, or events conducted upon, or products or services
offered upon, the premises upon which a sign is maintained.
Bus shelter sign. See definition for Bench sign.
Canopy sign. See definition for Awning sign.
Changeable copy sign shall mean a sign in which message copy may be changed manually or automatically
through the utilization of attachable, changeable or interchangeable letters, numbers, symbols, and other
similar characters. A changeable copy sign that meets the standards of this Code is not an animated sign.
Displays on automatic changeable copy signs shall be static.
City Mmanager shall mean the Ccity Mmanager of the City of New Port Richey or his/her designee.
Commercial, Commercial message or Commercial sign shall mean any sign wording, logo, or other
representation or image that directly or indirectly names, advertises, or calls attention to a product, service,
sale or sales event or other commercial activity.
Construction site sign shall mean a temporary on-site sign identifying the ongoing construction activity
during the time that a building permit is active and prior to the completion of the work for which the permit
was issued, containing sign copy limited to the ongoing construction activity and identifying the architect,
Page 23
engineer, contractor, and/or any subcontractor or builder engaged to perform construction activity on the
site.
Development review committee shall mean the development review committee of the City of New Port
Richey.
Development sign shall mean a sign which, by symbol or name, identifies a development. It may also
provide an index of uses (tenants) included in the development.
Directional sign shall mean any sign which is used solely for the purpose of indicating the direction or
location of any object, place, or area including, but not limited to, those signs which indicate the avenues of
ingress and egress from a particular premises.
Directory sign shall mean any sign identifying listing only the name(s) of location of tenants or occupants
of a building, group of buildings, and/or business district, their professions or business activities, and their
direction or location.
Double-faced sign shall mean a sign which has two (2) surfaces for display of copy, backed against the
same background, one (1) face of which is designed to be seen from one (1) direction and the other face from
the opposite direction, every point on each face being either in contact with the other face or in contact with
the same background.
Downtown Zoning District shall mean that area designated as having a downtown zoning designation on
the Ccity's zoning map or any modification thereof or amendment thereto.
Election sign shall mean any temporary sign erected or displayed for the purpose of expressing support
for or opposition to a candidate or stating a position regarding an issue upon which the voters of the city shall
vote.
Erect shall mean to build, construct, attach, hang, place, suspend, or affix, and shall also include the
painting of signs.
Façade shall mean any side of a building including its roofline.
Flag shall mean any cloth, fabric or other nonrigid material containing distinctive color(s), pattern(s),
symbol(s), emblem(s) or insignia(s) containing noncommercial speech or used as a symbol include the
emblem of any nation, organization of nations, Sstate, Ccity, religious, fraternal or civic organization on cloth,
fabric or other nonrigid material. Flags shall not be considered as signs for the purposes of this Code.
Free expression sign shall mean a sign not in excess of six (6)sixteen (16) square feet in size (area) and the
top of which is not more than four six (46) feet off the ground, communicating information, ideas or views,
or containing any other noncommercial message that is otherwise lawful.
Freestanding or pole sign shall mean any sign supported by poles, posts, or similar structural members that
are placed on or anchored in the ground and that are independent of any building or other structure.
Frontage shall be defined as differentiated below:
Lot frontage shall mean the length of the property line for a parcel which runs parallel to, and along,
a public road right-of-way or street, exclusive of alleyways.
Page 24
Building frontage shall mean the single façade constituting the length of a building which runs
parallel to a public road right-of-way or street, exclusive of alleyways.
Business frontage shall mean that portion of a building occupied by a single office, business, or
enterprise abutting a street, parking area, or other means of customer access such as an arcade, mall, or
walkway.
Garage-yard sale sign shall mean any on-site temporary sign pertaining to the sale of personal property in,
at or upon any residentially zoned property located in the city. Garage or yard sales shall include but not be
limited to all such sales, and shall include the advertising of the holding of any such sale, or other offering to
make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back
yard sale, attic sale, rummage sale, patio sale, moving sale, estate sale or any similar designation.
Gasoline price display sign shall mean a changeable message sign, typically mounted on a freestanding sign,
which displays retail prices for sale of gasoline or other vehicle fuel.
Grand opening or closing sign shall mean an on-premises temporary sign announcing the opening of a newly
licensed business, or the closing or going out of business of an existing business.
Ground level shall mean the lowest finished grade of a parcel of land nearest to or below a sign, as the
context may require, exclusive of any filling, berming, mounding, or excavating solely for the purpose of
erecting or supporting such sign.
Hanging sign shall mean a sign suspended by a supporting device usually affixed perpendicularly to a
building or other structure.
Height shall mean the vertical distance measured from ground level nearest the base of the sign to the
highest point of the sign.
Holiday or seasonal decoration shall mean decorations that pertain to legal or other recognized holidays or to
a season of the year.
Identification sign shall mean any signstructural device, display board, screen, surface, or wall with
characters, letters or illustrations placed, by any method or means whatsoever, where the material displayed is
used only to indicateing to the public the legal or exact firm name or the character of the business or use
carried on therein. Identification signs are subject to the size and height restrictions delineated elsewhere in
this Code. An identification sign is differentiated from a directory sign in that the identification sign identifies
the occupant or use of an individual or address or business premises. Individual addresses or business
premises may have both an identification sign and a directory sign.Identification signs are not used to
advertise services and goods provided. May also be referred to as Identity sign.
Identity sign. See definition for Identification sign.
Illuminated sign shall mean any sign containing integral artificial illumination or a sign which is artificially
illuminated from an exterior source or any sign containing electric wiring.
Integral signs shall mean a signthe names of buildings, dates of erection, monumental citations,
commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze,
aluminum or which are of other permanent-type construction and made an integral part of the structure and
are not in excess of nine (9) square feet in area.
Location shall mean a lot, premises, building, wall, or any place whatsoever upon which a sign is located.
Page 25
Logo shall mean any seal, service mark, trademark, slogan, motto, written message, or any other similar
type of design which signifies or is identified with the sale, use, or promotion of a business entity, political
party or affiliation, product, commodity, service, activity, or form of entertainment.
Lollypop sign shall mean a sign which is attached to a single pole or stake that is designed to be driven
into the ground and is not stabilized into the ground or affixed in place by any other device than the stake to
which the sign is attached.
Maintenance shall mean the repairing or repainting of a sign structure or renewing copy which has been
made unusable by ordinary wear, weather, or accident.
Marquee sign shall mean a sign attached to or hung from a marquee, canopy, awning or other similar
structure projecting from and supported by the building and extending beyond the building wall. May also be
referred to as Canopy sign or Awning sign.
Memorial sign shall mean a sign with the name and/or date of building erection cut into any masonry
surface or constructed of bronze or other noncombustible material. A memorial sign may also be referred to as
an integral sign.
Menu display signs shall mean a fully enclosed or otherwise protected from the elements sign structure,
including but not limited to a box, shadow box or cabinet, attached to a wall or freestanding, which is used
solely for the purpose of displaying restaurant menus.
Monument sign shall mean any sign attached to a permanent foundation and not attached or dependent
for support from any building, pole, posts, or similar uprights.
Multifaced sign shall mean any sign having three (3) or more faces which are not parallel or back-to-back,
upon which the same or dissimilar copy is displayed.
Multiple dwelling shall mean any building comprised of more than three-family dwelling units, unless
otherwise defined by the zoning ordinance.
Multifamily development sign shall mean a sign intended to identify a multifamily residential development.
Mural shall mean any picture or graphic design painted on, or otherwise applied to, the exterior of a
building or structure or painted on, or otherwise applied to, the interior or exterior of a window. However,
this shall not include any advertising, logo, or sign of any type.
Non-commercial message shall mean any message which is not a commercial message.
Non-commercial on-site directional sign shall mean an on-site sign of no more than four (4) square feet in sign
face area, providing direction or information to pedestrian or vehicular traffic that is related or reasonably
necessary to the movement of pedestrian or vehicular traffic on the premises, and provided that business
logos or other non-traffic control symbols do not exceed twenty-five (25) percent of the sign face area and
which conform to the current MUTCD published by the Federal Highway Administration. not displaying a
commercial message. Examples are "entrance", "exit," "caution", "no parking", "one way only", "no
trespassing".
Nonconforming sign shall mean any sign that does not conform to the requirements of this article.
Prohibited signs are not nonconforming signs.
Page 26
No trespassing/posted sign shall mean a sign on public or private property intended to ward against
intrusion or unlawful entry onto or into the property.
Obsolete sign shall mean any sign which identifies or advertises any product, accommodation, service or
business, which is no longer available to the public at the location indicated on the sign.
Occupant sign shall mean a sign bearing only property numbers, post box numbers or names of occupants
or premises.
Off-premises sign or off-site sign shall mean any commercial sign identifying or advertising a product,
business, person, activity, condition, or service not located or available on the same zone lot where the sign is
installed and maintained.
On-premises sign or on-site sign shall mean any sign relating to any noncommercial content, orin its subject
matter to commodities, accommodations, services, business or activities to be rendered on the same zone lot
on which the sign is located.
Parapet shall mean a false front or wall extension above the roofline of a building.
Parking and traffic sign shall mean a sign intended to direct and guide traffic to a parking area(s) on the
same zone lot provided no advertising is used.
Pennant shall mean any series of small flag-like or streamer-like pieces of cloth, plastic, or paper, or
similar material attached in a row to any staff, cord, building, or at only one (1) or two (2) edges, the
remainder hanging loosely.
Permit holder shall mean the person in legal possession of any permit required under this Code.
Pole sign. See definition for Freestanding sign.
Political sign shall mean any temporary sign which constitutes a political advertisement, the primary
purpose of which is related to the candidacy of any person for public office or any issue which has been
submitted to the voting public for referendum approval.
Portable sign shall mean any temporary sign whose design and/or construction is manifestly intended to
be of a portable nature, whether anchored, carried, freestanding, towed, self-propelled, or attached to a
vehicle including signs attached to a truck, bus, trailer, taxi or other vehicles while in the course of business;
provided, that the primary use of the vehicle is not for the purpose of advertisement; portable sign shall also
include a sign converted from an A-frame or sandwich board sign; and any umbrella or balloon or other
inflatable device, when such umbrella, balloon or device is used for advertising. “Portable sign” shall not be
interpreted to include a sandwich sign or bench sign in the Downtown Residential Overlay District.
Prohibited sign shall mean any sign which is proscribed, banned, outlawed or otherwise prohibited by this
Code.
Projecting sign shall mean any sign affixed perpendicularly to a building or wall in such a manner that any
leading edge extends more than six (6) inches beyond the surface of such building or wall.
Property shall mean the overall area represented by the outside boundaries of a parcel of land or
development.
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Real estate sign shall mean a temporaryany sign indicating the real property which is available for showing,
advertising the sale, rental, or lease of premises or part of the premises on which the sign is displayed.
Recitals shall mean the recitals of legislative intent contained in Ordinance No. 1744.
Roof line shall mean either the edge of the roof or the top of the parapet, whichever forms the top line of
the building silhouette and, where a building has several roof levels, this roof or parapet shall be the one
belonging to that portion of the building on whose wall the sign is located.
Roof sign shall mean any sign located or erected on or attached to a roof and which extends above the
roofline; roof sign shall also include any sign which receives partial or total support from a roof by means of
girders, wires or other type of supporting structure which is attached to, located or erected on a roof.
Sandwich sign shall mean any double- or single-faced commercial sign which is portable and may be
readily moved from place to place. This type of sign is generally freestanding and not affixed to the ground in
any way although some temporary type of attachment to the ground is occasionally used. A sandwich sign is
not considered to be a changeable copy sign despite the means or method by which the message is displayed
on the sign structure.
Service entrance sign shall mean a sign intended to direct trucks and similar vehicles to a specific area for
loading and unloading.
Shopping center or business center shall mean a group of three (3) or more business establishments within a
single architectural plan or unified development concept, with common ownership of property, or
cooperative or condominium ownership.
Sign shall mean any surface, device, fixture, placard, fabric, or structure which bears colors, letters,
figures, designs, symbols, trademarks, reflecting or illuminating devices, including forms shaped to resemble
any human, animal or product, architectural style or design with text, or writing to advertise, attract attention,
announce the purpose of, identify the purpose of any person or entity or to communicate or convey
information of any kind to the public and is visible from an abutting property, public right-of-way, or body of
water and which is not artwork as defined herein or architectural detail as defined herein. The term includes
any structural member of the sign. The term does not include wayfinding, directional, hazard and traffic
control devices and similar signs required or installed by a government agency on private property or notices
required to be posted by law or ordinance on private property.
Sign face shall mean the part of the sign that is or can be used to identify, display, advertise, communicate
information, or for visual representation which attracts or intends to attract the attention of the public for any
purpose.
Snipe sign shall mean any small sign painted on or of any material including paper, cardboard, wood and
metal when tacked, nailed or attached in any way to trees, poles, walls, trash receptacles, fences or other
objects not designed or intended to carry or display a sign.
Statutory sign shall mean a sign required by any statute of the State of Florida or the United States of
America.
Street shall mean a public right-of-way used for vehicular and pedestrian traffic, exclusive of alleyways.
Subdivision sign shall mean a sign which contains only identifies the name of a platted subdivision.
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Temporary portable sign shall mean any portable sign which is designed to be towed by a vehicle and which
is intended for use for a period not to exceed thirty (30) days. The sign must conform to all requirements for
trailers, including wheels, stop and turn signals and a trailer hitch, and be able to be pulled by another vehicle.
Temporary sign shall mean a sign or advertising display constructed of cloth, canvas, fabric, paper,
plywood or other light material and which may be displayed for no more than ninety (90) consecutive days if
a different duration is not specified herein. Temporary signs may convey either commercial or
noncommercial messages.and intended to be displayed for a short period of time.
Trailer sign shall mean any sign that is affixed or placed on a trailer or other portable device that may be
pulled by a vehicle.
Traffic control device sign shall mean any sign located within the right-of-way that is used as a traffic control
device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and
approved by the Federal Highway Administrator as the National Standard and as may be revised from time to
time. A traffic control device sign includes those signs that are classified and defined by their function as
regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation
that might not readily be apparent), and guide signs (that show route destinations, directions, distances,
services, paoints of interest, and other geographical, recreational, or cultural information). These devices are
not regulated as signs under this article.
Vehicle or vehicles shall mean automobiles, trucks, trailers, construction equipment and other such mobile
equipment whose major purpose is other than the display of advertising.
Vehicle sign shall mean a sign attached to or placed on a vehicle, including automobiles, trucks, boats,
campers, and trailers which is parked on or otherwise utilizing a public right-of-way, public property or on
private property so as to be intended to be viewed from a vehicular right-of-way for the basic purposes of
providing advertisement for products or services or directing people to a business or activity. This definition
is not to be construed to include those signs that identify a firm or its principal products on a vehicle, unless
such vehicle is parked in such a manner that it is intended to provide advertisement of products or services or
to direct people to a business or activity, or such advertising devices as may be attached to and within the
normal unaltered lines of the vehicle of a licensed transit carrier, when and during that period of time said
vehicle is regularly and customarily used to traverse the public highways during the normal course of business.
Wall sign shall mean a sign affixed directly to or painted on or otherwise inscribed on an exterior wall
and confined within the limits thereof of any building and which projects from that surface less than twelve
(12) inches at all points.
Warning sign shall mean a sign of no more than four (4) square feet in size, located on a property posting
the property for warning of pedestrian or vehicular dangers, access or safety issues (e.g.or prohibitions on“no
parking,” “no trespassing,” “do not enter,” “no hunting,” “no swimming,”)fishing, swimming, or other
activity,or of a hazardous condition or dangerous object or animal in the immediate vicinity and provided
such sign does not carry any commercial message or identification.
Waterside identification sign shall mean a sign intended to identify a single business property or shopping
center, and intended to be viewed only from the waters of the Pithlachascotee River.
Window shall mean any panel of transparent material surrounded by a framing structure and placed into
the construction material comprising the building facade. A window panel shall be deemed a unified whole
regardless of framing materials that define smaller areas within the window sash.
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Window sign shall mean any sign placed in or affixed to a window in such a manner as to be observable
from the exterior of the premises. For purposes of this article, any sign placed inside a premises which may be
observed from outside the premises shall be deemed a window sign if it is placed within a distance not
exceeding the greatest horizontal or vertical dimension of the window through which such sign may be
observed.
Zone lot shall mean a parcel of land that is of sufficient size to meet minimum zoning requirements for
area, coverage, and use; and that can provide such setbacks and other open spaces as required by the
applicable zoning regulations.
13.03.00 - Purpose, intent and scope.
A. Scope.
(1) The provisions of this article shall govern the number, size, location, and character of all signs which may
be permitted either as a main or accessory use under the terms of this article. No signs shall be permitted on a
plot or parcel either as a main or accessory use except in accordance with the provisions of this article.
(2) This article does not regulate government signs on government property, including but not limited to City
signs on property owned by the City, the County or the State of Florida, and traffic control devices.
(3) In the event of any conflict between this article and any declaration of covenants, bylaws, or other
restrictions applying to any property within the City, the language affording the more restrictive interpretation
shall apply.
(4) The City specifically finds that these sign regulations are narrowly tailored to achieve the compelling and
substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the City
to further these interests.
B. Purpose.
(1) Florida Constitution. Article II, Section 7 of the Florida Constitution provides that “[i]t shall be the
policy of the state to conserve and protect its natural resources and scenic beauty…” A beautiful environment
preserves and enhances the desirability of the City as a place to live and to do business. Implementing the
Florida Constitution is a compelling governmental interest.
(2) Florida Statutes. Florida law requires cities to adopt comprehensive plans and implement them through
land development regulations (also known as zoning regulations) and approval of development orders that
are consistent with the comprehensive plan. See Part II of Chapter 163, Florida Statutes. Florida law
specifically requires that the City adopt sign regulations. See Section 163.3202(2)(f), Florida Statutes.
Complying with state law is a compelling governmental interest.
(3) City Comprehensive Plan. The City’s Comprehensive Plan has several provisions that require the City to
ensure the aesthetic character of the City and to ensure traffic safety on roads within the City through the
regulation of signs, as set forth in detail below. Implementing the City Comprehensive Plan is a compelling
governmental interest.
(a) City Comprehensive Plan Elements. Located in west central Florida along the Pithlachascotee
River, New Port Richey is a City of approximately 14,900 people and comprises 4.6 square miles. The City
has a long tradition of planning for its future and setting goals for development and redevelopment. Plans for
the City were first drawn up in 1911 and the present configuration of streets and avenues shows little
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deviation from the original plan. The current Comprehensive Plan consists of the mandatory elements,
including land use and transportation, and the optional Livable Cities Element. The Future Land Use
Element recognizes the need to enhance and preserve the City’s unique and attractive characteristics through,
among other things, signage regulation. The Transportation Element emphasizes the critical need of
promoting a safe yet attractive multi-modal system. Finally, the Livable Cities Element specifically calls for
attractive, high quality signage.
(b) City Comprehensive Plan Goals, Objectives and Policies. Several goals, objectives and
policies of the City’s Comprehensive Plan require the City to maintain its scenic beauty and traffic safety
through its land development regulations and actions:
GOAL FLU 1: To promote compatible land uses which will maximize, enhance and preserve New Port
Richey’s unique and attractive characteristics in a manner consistent with the economic, physical, ecological
and social needs, capabilities and desires of the community.
FLU 1.1.2: To implement this Comprehensive Plan, the City shall continue to implement land development
regulations that contain specific and detailed provisions which, at minimum, shall:…
e. Regulate signage;
***
l. Provide requirements for the provision of open space, and safe and convenient on-site traffic flow
and parking requirements;
***
Objective FLU 1.3: Design commercial development that is compatible with environmental and economic
resources, to enhances access and circulation, results in a positive and attractive built environment and will be
in keeping with the needs and character of the community.
FLU 1.3.2: The City shall promote commercial development that serves to maintain or enhance the economic
health of the City, and to increase job opportunities, per capita income and convenience for residents.
FLU 1.6.4: The New Port Richey Redevelopment Plan shall, at minimum, address the following issues:…
h. Reduction of confusion and visual clutter through the control of the size, placement and related
aspects of signage;
i. Assurance of safe and efficient traffic flow to and from the downtown and surrounding areas;
GOAL TRA 1: To provide a street network that is safe, convenient, attractive, cost-effective and efficient;
integrated with other transportation modes; and available to all residents and visitors to the City.
Objective TRA 1.2: Promote efficient and safe traffic circulation through transportation planning and
administration of land use controls.
Objective TRA 2.2: A multimodal transportation system that emphasizes safety and aesthetics.
Policy TRA 2.2.2: The City shall develop and enforce the signage requirements along roadways in the Land
Development Code.
Objective LIV 4.6: Provide standards for the design and construction of signs that reflect the existing or
intended neighborhood character and are expressive of individual businesses and community facilities.
Policy LIV 4.6.1: Encourage high quality signs that are attractive, appropriate for the location and balances
visibility needs with aesthetic needs.
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Policy LIV 4.6.2: Develop sign regulations to require monument (ground) signs in lieu of pole signs. Ground
signs shall be designed and constructed:
a. To complement the architectural character of on-site buildings;
b. To include a street address number or range of address numbers for the building(s) it identifies
(considered as a part of the sign area);
c. With roof, capital or base design detail; and
d. With landscaping in the area surrounding the sign base.
Policy LIV 4.6.3: Create special sign districts, where appropriate, to reflect neighborhood identity, historical
or environmental features, or architectural character.
(4) Community Redevelopment Plan. Through the adoption of the Community Redevelopment Plan
(CRP), the City of New Port Richey has taken a further step in memorializing the vision for the community’s
future and the goals and objectives of redevelopment. In particular, the CRP sets forth the following goals,
objectives and policies:
4.1
Community Enhancements. Higher Standards of Development. Development regulations currently
in place need to be strengthened to include greater aesthetic considerations, especially for commercial
properties on US Highway 19 and other neighborhood commercial centers. The design guidelines for the
downtown should be reevaluated and adopted as regulations to be enforced. Greater emphasis should be
placed on integrated signage and landscaping into commercial developments…
4.2
Neighborhood Impact. Physical and Social Quality. The Plan’s recommendations to continue to
improve the Redevelopment Area’s streetscapes, public spaces and riverfront access; redevelopment of vacant
and underutilized parcels; establishing urban design guidelines for new development; policy and
zoning recommendations to ensure compatible land uses and character; building rehabilitation services and
community policing and continued code enforcement will have a positive impact on the area’s physical and
visual character. Implementation of the Redevelopment Plan recommendations will improve the overall
quality of life for area residents….
(5) Case law. In accordance with the U.S. Supreme Court’s cases on sign regulation, the regulations in this
article are not intended to regulate or censor speech based on its content or viewpoint, but rather to regulate
the secondary effects of speech that may adversely affect the City’s substantial and compelling governmental
interests in preserving the scenic beauty and community aesthetics, and in vehicular and pedestrian safety in
conformance with the First Amendment. These cases and their holdings include, but are not limited to:
a. Reed v. Town of Gilbert, ____U.S. ____, 135 S. Ct. 2218, 192 L.Ed.2d 236 (2015) on the topic of
noncommercial temporary signs;
b. Metromedia, Inc. v. City of San Diego, 435 U.S. 490 (1981) on the topic of commercial signs and
offpremise signs;
c. City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential areas;
d. Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in
residential areas;
e. Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places;
f. Central Hudson Gas &Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of
regulation of commercial speech; and
g. City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public property.
(6) Impact of sign clutter and sign safety. Excessive signage and sign clutter impairs the legibility of the
environment, and undermines the effectiveness of governmental signs, traffic control devices and other
required signs (such as identification signs, directory signs, non-commercial on-site directional signs, address
signs and warning signs) that are essential to identifying locations for the delivery of emergency services and
Page 32
other compelling governmental purposes. In addition, the size and location of signs may, if uncontrolled,
constitute an obstacle to effective fire-fighting techniques. Further, the construction, erection and
maintenance of large signs suspended from or placed on the tops of buildings, walls or other structures may
constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.
The intent of these sign regulations is to enhance the visual environment of the City, ensure that the City
residents and visitors can safely navigate through the City to their intended destinations, and promote the
continued well-being of the City. It is therefore the purpose of this article to promote aesthetics and the
public health, safety and general welfare, and assure the adequate provision of light and air within the City
through reasonable, consistent and nondiscriminatory standards for the posting, displaying, erection, use, and
maintenance of signs that are no more restrictive than necessary to achieve these governmental interests.
1.C. Intent
The legislative intent regarding this article is set forth in the recitals. Further, itIt is the purpose of this article
to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards in order to effectively regulate all exterior signs. The sign regulations in this
article are not intended to censor speech or to regulate viewpoints, but instead are intended to reach the
secondary effects that may adversely impact aesthetics and safety. In order to preserve and promote the Ccity
as a desirable community in which to live, vacation and do business, a pleasing, visually attractive
environment is of foremost importance. The regulation of signs within the Ccity is a highly contributive
means by which to achieve the desired end of safety and aesthetics. Outdoor signs suspended from or placed
on the top of structures and otherwise erected above the ground and signs not permanently affixed, either to
a building or implanted in the ground, frequently present a danger to the public. The prohibition against large,
moving or portable signs including, without limitation, billboards, rooftop signs, signs that move in the wind
or have moving parts and other nonpermanent signs are hereby implemented for the safety of the public.
These sign regulations have been prepared with the intent of enhancing the visual environment of the Ccity
and promoting the continued well-being of the community, and are intended to:
(a) Encourage the effective use of signs as a means of communication in the Ccity;
(b) Maintain and enhance the scenic beauty of the aesthetic environment and the Ccity's ability to attract
sources of economic development and growth;
(c) ImproveEnsure pedestrian and traffic safety;
(d) Minimize the possible adverse effect of signs on nearby public and private property;
(e) Foster the integration of signage with architectural and landscape designs;
(f) Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement,
illumination, animation, excessive height, and excessive size (area) of signs which compete for
attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding;
(g) Allow signs that are compatible with their surroundings and aid orientation, while precluding the
placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land users or
signs;
(h) Encourage and allow signs that are appropriate to the zoning district in which they are located and
consistent with and serving the needs of the land uses, activitiesthe category of use and functions to
which they pertain;
(i) Curtail the size and number of signs and sign messages to the minimum reasonably necessary to
identify a residential or business location and the nature of any such use, and to allow smooth
navigation to these locationsbusiness;
(j) Establish sign size in relationshipdimensional limits and placement criteria for signs that are legible
and proportional to the scale of the lot and building on which the sign is to be placed or to which it
pertains;
(k) CategorizeRegulate signs so that they are effective in performingbased upon the function of
identifying and safely directing pedestrian and vehicular traffic to a destination; that they serve and
tailor the regulation of signs based upon their function;
Page 33
(l) Preclude signs from conflicting with the principle principal permitted use of the sitelot and adjoining
sites lots;
(m) Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists,
bicyclist or pedestrians;
(n) Except to the extent expressly preempted by state or federal law, ensure that signs are constructed,
installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
(o) Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zones of the
Ccity;
(p) Allow for traffic control devices and government signs without regulation consistent with national
standards and whose purpose is tobecause they promote highway safety and efficiency by providing
for the orderly movement of road trafficusers on streets and highways, and that notifyby notifying
road users of regulations and provide providing nationally consistent warnings needed for the safe,
uniform and efficient operation of all elements of the traffic stream and modes of travel, while
regulating private signs to ensure that their size, location and other attributes do not impair the
effectiveness of such traffic control devices;
(q) Protect property values by precluding, to the maximum extent possible, sign-types signs that create a
nuisance to the occupancy or use of other properties as a result of their size, height, illumination,
brightness, or movement;
(r) Protect property values by ensuring that sign-types, as well as the number of signs, are in harmony
with buildings, neighborhoods, and conforming signs in the area;
(s) Regulate the appearance and design of signs in a manner that promotes and enhances the
beautification of the Ccity and that complements the natural surroundings in recognition of this
Ccity's reliance on its natural surroundings and beautification efforts in retainingas a source of
economic advantage for its community, as well as for its major subdivisions, shopping centers and
industrial parks; and
(t) Enable the fair and consistent enforcement of these sign regulations.;
(u) Classify and categorize signs by type; and
(v) Not regulate signs more than necessary to accomplish the compelling and substantial governmental
objectives described herein.
2. The uncontrolled use, shape, motion, color and illumination of signs and their insistent and distracting
demand for attention can be injurious to the mental and physical well-being of the public, to adjacent
property value and to the natural beauty of the city.
13.04.00 - Illumination.
1.
2.
3.
4.
5.
6.
The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or
brightness will not cast directly into surrounding areas.
No sign shall have blinking, flashing or fluttering lights or other illuminating device which has a
changing light intensity, brightness, color or direction. Beacon lights, architectural lighting and strobe
lights are not permitted.
No colored lights shall be used at any location or in any manner so as to be confused with or
construed as traffic-control devices.
Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to
operators of motor vehicles on public thoroughfares.
No exposed, reflective type bulbs or any light source which exceeds fifteen (15) watts shall be used
on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public
street or adjacent property.
Signs in violation of this section shall be removed, altered or repaired in accordance with the
provisions hereof within ninety (90) days of the date of passage of this article, notwithstanding the
provisions of section 13.06.00.
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13.05.00 - Temporary signs.
The following types of temporary signs shall be permitted on privately owned propertyin all zones
and are exempted from the provisions of this article except construction, illumination and safety regulations
and where otherwise specified or indicated. All such signs shall meet applicable requirements of the land
development code relating to location, setbacks and structural requirements. Sign permits are not required for
signs and sign-types described and identified below in this subsection. Prior to installing such signs the owner
shall submit to the Building Official a written statement specifying for each such sign (i) the structural details
sufficient to indicate compliance with this Code, (ii) the location, and (iii) the installation date.
1. Construction site signs, which identify the architects, engineers, contractors and other individuals
or firms involved with the construction, but not including any advertisement of any product, or
sale or lease of the premises or portion thereof, and signs announcing the character of the building
enterprise or the purpose for which the building is intended, during the construction period, to a
maximum area of sixteen (16) square feet for each firm. up to a total area of six (6) square feet per
side of a double-faced sign for residential purposes, and thirty-two (32) square feet of total sign
face area on parcels of land designated or used for non-residential purposes. The signs shall be
confined to the site of the construction and shall be removed within seven (7) days of the
completion of the project or sale or lease of the premises or any portion thereof or improvement
thereon or cessation of construction activity for a period of ninety (90) days or immediately upon
abandonment.
2. Real estate signs advertising the sale, rental or lease of premises or part of the premises on which
the signs are displayed, up to a total area of six (6) square feet per side of a double-faced sign for
residential purposes, and thirty-two (32) square feet of total sign face area on parcels of land
designated or used for non-residential purposes. Real estate signs permitted in other sections of
this article shall not require permits but shall adhere to all specified requirements. In the event that
more than one (1) dwelling unit or non-residential space on a single parcel of land is for sale, for
lease or otherwise available, one (1) attached sign per dwelling unit or space is allowed. Such signs
shall be removed within seven (7) days of the commencement of occupancy or commencement of
the leased term, whichever is sooner, or the conveyance of title.
3. Political signs or election signs up to an area of thirty-two (32) square feet for each premises. One
(1) temporary yard sign shall be allowed for each political candidate or issue for each frontage per
parcel of land. These signs shall be confined within private property and removed three (3) days
after the election for which they were intended. The removal of political signs shall be the
responsibility of the candidate and/or the persons, organizations or property owners posting such
signs. No political sign shall be placed within any public right-of-way or on any tree, pole, post,
meter or any object found within the public right-of-way. A political sign placed in violation of
these provisions may be removed by the city. Each candidate will pay a nonrefundable
administrative fee and post a bond to ensure removal of the signs within three (3) days. Upon
compliance, the bond will be refunded. The administrative fee amount and the bond amount shall
be established via a resolution of the city council.
34.SpecialTemporary commercial signs not exceeding thirty-two (32)sixteen (16) square feet in size
and six (6) feet in height. Not permitted in residential districts. advertising a public entertainment
event during and for fourteen (14) days before and three (3) days after the event provided that (a)
all such signs shall meet applicable requirements of the land development code relating to location,
setbacks and structural requirements, and (b) prior to installing such signs the owner shall submit
to the building official a written statement specifying for each such sign (i) the structural details
sufficient to indicate compliance with (a) above, (ii) the location, and (iii) the installation date.
5. Grand opening and closing signs and advertising displays, limited to an additional sign not
exceeding twenty five (25) feet in height, thirty-two (32) square feet on a side and not exceeding
sixty-four (64) square feet total, and banners, anchored to withstand inclement weather, in addition
to the signs allowed in this section, advertising the opening of a new business or enterprise, for a
period not exceeding fourteen (14) days within the first three (3) months that the establishment is
Page 35
open for business provided that (a) all such signs shall meet applicable requirements of the land
development code relating to location, setbacks and structural requirements, and (b) prior to
installing such signs the owner shall submit to the building official a written statement specifying
for each such sign (i) the structural details sufficient to indicate compliance with (a) above, (ii) the
location, and (iii) the installation date. All grand opening and closing signs shall meet the minimum
requirements of section 10.02.00 of the Land Development Code relating to Free Vision Zone.
6. Garage-yard sale signs, limited to one (1) for each parcel within the city, may be displayed on each
frontage per parcel of land. A garage-yard sale sign shall not exceed three (3) square feet in area and
three (3) feet in height. A garage-yard sale sign may not be displayed for a period longer than two
(2) days during any calendar month and shall be removed upon conclusion of the sale.
47. Window signs, limited to an aggregate of three (3) square feet in sign area for residential and
twenty-four (24) square feet in sign area for non-residential use, may be displayed on the inside of
the window. Window signs shall not cover more than twenty-five (25) percent of any window
surface.
8. Holiday and seasonal decorations.
13.06.00 - Nonconforming signs.
1. Consistent with the public policy to restrict and eventually eliminate nonconforming uses and
structures, it is the policy of the Ccity that nonconforming signs shall be brought into conformity
or removed as expeditiously as possible while allowing such signs to be maintained in the interim.
A nonconforming sign that was lawfully erected may continue to be maintained: (a) until the
nonconforming sign or sign structure meets the definition of abandoned or discontinued sign or
sign structure or is substantially altered, damaged or destroyed, or (b) until the real property on
which the sign is located is redeveloped, or (c) until the real property on which the sign is located is
sold or transferred, whichever of the foregoing occurs first. At such time the sign is substantially
altered, damaged or destroyed or at such time the real property is redeveloped or at such time as
the real property is sold or transferred, the nonconforming sign must either (a) be removed or (b)
be brought into conformity with all provisions of this article and with any other applicable law or
regulation.
2. Except as otherwise provided in section 13.06.00(3) below, signs existing on December 7, 2004,
which were not in compliance with previous regulations or ordinances are illegal signs and shall be
brought into compliance with this article or removed within ninety (90) days of the effective date
of this article.
3. Signs existing at the time of the enactment of Ordinance No. 1460 which became nonconforming
by reason of Ordinance No. 1460 and are not the subject of a variance became illegal on July 21,
2003. Any such signs that remain are not subject to the ninety-day extension period provided for in
section 13.06.00(2) and remain illegal and shall be removed.
13.07.00 - Prohibited signs.
1. Signs listed within this subsection are prohibited unless provisions of section 13.06.00, regarding
nonconforming signs, or section 13.20.00 regarding sign regulations specifically for the Downtown
Zoning District, are applicable. Such prohibited signs are:
a. Off-premises signs and billboards. Relocation notices, however, may be posted for a period of sixty
(60) days.
b. Signs which project beyond the property line or which encroach on or over public property except
for approved subdivision signs located immediately adjacent to an entrance to the subdivision. An
affidavit stating who will be responsible for the maintenance of the subdivision signs allowed by
this subsection shall be filed with the application for a sign permit; signs placed on public property.
c. Roof signs.
d. Billboards.
Page 36
d. Signs that resemble any official sign or marker erected by any governmental agency, the position,
shape, or color of which would conflict with the proper functioning of any traffic sign or signal, or
the size, location, movement, color, words, symbols, or illumination of which may be reasonably
confused with, construed as, or conceal a traffic control device, thereby creating a safety hazard.
e. Signs which contain or are an imitation of an official traffic signor signal or contain the words
"stop," "go slow," "caution," "danger," "warning" or similar words;
f. Signs which are of a size, location, movement, or manner of illumination which may be confused
with or construed as a traffic-control device or which hide from view any traffic or street sign or
signal;
ge. Animated signs, spinners, and signs which swing or otherwise noticeably move as a result of wind
pressure because of the manner of their suspension or attachment. Signs which move in any
manner or have a moving part;
hf. Signs which contain or consist of banners, posters, pennants, ribbons, streamers, or strings of light
bulbs., spinners.., or other similarly moving devices. These devices, when not part of any sign, are
similarly prohibited, unless they are permitted specifically by other legislation;
i. Signs which may swing or otherwise noticeably move as a result of wind pressure because of the
manner of their suspension or attachment;
j. Signs which are painted on or attached to trees or public utility poles;
g. Vehicle signs.
kh. Signs which are painted, pasted or printed on any curbstone, flagstone, pavement or any portion or
part of any sidewalk or street that are not traffic control devices.excepting house numbers and
traffic-control signs;
li. Signs which are l Lollypop or snipe signs or are of any type of sign not permanently affixed to the
ground or building of the premises which it identifies or advertises except as specifically allowed in
this article.
mj. Bench signs, except when authorized in writing by action of the city council.
13.08.00 - Exemptions.
The following types of signs are exempted from all of the provisions of this article except for
construction, illumination and safety regulations and the following requirements:
1. A sign (except a window sign which shall be subject to the provisions of this article) located
entirely inside the premises of a building or enclosed space that is not visible outside of the
premises.
2. A sign on a car, other than a prohibited vehicle sign or signs.
3. A statutory sign.
4. A traffic control device sign.
51. Integral signs.
62. Address signs.
73. Artwork that. All outdoor artwork shall conforms to the maximum height and size restrictions in
any particular zone in which it was located. All outdoor artwork shall also conform to any
applicable building and safety standards.
84. Bulletin board. One (1) manually changeable copy sign bulletin board not exceeding thirty-two (32)
square feet in sign area located in religious, public, charitable or educational premises.
95. Noncommercial on-site directional signs no more than four (4) square feet of sign face area
provided that business logos or other non-traffic control symbols do not exceed twenty-five (25)
percent of the sign face area and which conform to the current MUTCD published by the Federal
Highway Administration.
106.Signs incorporated on equipment, machinery, or vehicles at the manufacturer's level and cover not
more than twenty (20) percent of the exterior surface of such equipment or machinery.
117.Free expression signs that conform to Section 13.17.00. Free expression signs shall be allowed on
any lot provided that such signs are located on private property, are not within the rights-of-way,
Page 37
are not located in a visibility triangle, do not exceed six (6) square feet, and are not higher than four
(4) feet. One (1) free expression sign shall be allowed on each lot or parcel.
12. Government and public purpose signs, including but not limited to, signs for special events, and
signs that provide direction to places of interest. These sign will only be permitted as long as they
do not totally conceal adjacent land uses or signs, do not obstruct or interfere with vision or
distract motorists, bicyclists or pedestrians in such manner as to cause a safety issue. These signs
must be installed and maintained in a safe manner and conform to the size and height restrictions
found elsewhere in this chapter.
13. Official notices or advertisements posted or displayed on private property by or under the
direction of any public or court officer in the performance of his or her official directed duties, or
by trustees under deeds of trust or deeds of assignment or other similar instruments, so long as the
signs do not exceed four (4) square feet of sign face area per sign.
148.Safety or w Warning signs which do not exceed four (4) square feet in sign face area per sign.
13.09.00 - Substitution of non-commercial speech for commercial speech.
Notwithstanding anything contained in this article to the contrary, any sign erected pursuant to the
provisions of this article may, at the option of the owner, contain a non-commercial message in lieu of a
commercial message and the non-commercial copy may be substituted at any time in place of commercial
copy. The non-commercial message (copy) may occupy the entire sign face or any portion thereof. The sign
face may be changed formfrom commercial to non-commercial messages, or from one non-commercial
message to another noncommercial message, as frequently as desired by the owner of the sign, provided that
the size, height, setback and other dimensional criteria contained in this article and structural construction
standards and criteria provided elsewhere in the land development code have been satisfied.
13.10.00 - Content neutrality as to sign message or viewpoint.
Notwithstanding anything in this article to the contrary, no sign or sign structure shall be subject to any
limitation based upon the content or viewpoint of the message contained on such sign or displayed on such
sign structure.
13.10.01 - Illegal signs on public property.
Any sign installed or placed on public property, except in conformance with the requirements of this
chapter, shall be deemed illegal and shall be forfeited to the public and subject to confiscation, removal and
disposal. In addition to other remedies hereunder, the Ccity shall have the right to recover formfrom the
owner or person placing such sign the cost of removal and disposal of such sign.
13.11.00 - Permits.
1. Required. Unless exempted from permitting no permanent sign nor any temporary grand opening or
closing sign shall be erected, altered or relocated unless a permit is first obtained and the appropriate fees
are paid to the Ccity. The required sign permit is in addition to any building or other permit required to
be obtained pursuant to the provisions of the Florida Building Code or the land development code.
Where electrical permits are required, they shall be obtained at the same time as the sign permit. Sign
permits shall be obtained separately from building permits.
2. Application. A sign-permit application shall be submitted on forms available at the office of the
Development Ddepartment of development services. The sign permit application is in addition to any
building permit application required by the Florida Building Code. The applicant shall furnish the
following information on or with the sign permit application form:
Page 38
(a) Name, address and telephone number of the person making application for the permit. If the
applicant is anyone other than the property owner, the applicant shall provide written, notarized
authorization from the property owner permitting installation of the sign.
(b) Name, address and telephone number of the property owner. If the owner is an entity, list the
contact person's name.
(c) Name, address and telephone number of the business tenant, if applicable. If the tenant is an
entity, list the contact person's name.
(d) Name, address, telephone and license number of the contractor, if applicable. If the contractor is
and entity, list the contact person's name.
(e) Address and legal description of the property upon which the sign is to be located. The legal
address may be located on a certified boundary survey.
(f) Lot frontage on all streets and public rights-of-way.
(g) Indicate in feet and inches the location of the sign in relation to the property lines, public rights-ofway, easements, buildings and other signs on the property.
(h) Freestanding signs shall require a boundary survey prepared within the last 24 months of the
permit application date, and signed and sealed by a land surveyor or engineer licensed in Florida
showing the proposed location of the sign.
(i) For all wall mounted signs, the façade elevation with dimensions, drawn to scale. Windows and
doors and other openings shall be delineated and their dimensions given.
(j) Sign dimensions and elevation drawn to scale.
(k) Maximum and minimum height of the sign measured from finished grade.
(l) Dimensions of the signs supporting members.
(m) Sign illumination, specifying illumination type, placement, intensity and hours of illumination.
(n) Three (3) copies of the plans, specifications, calculations and details, signed and sealed by an
engineer licensed in Florida, specifications documenting the applicable wind load and electrical
specifications, if applicable, meeting the minimum requirements of the applicable electric code.
(o) Number, type, location and surface area of all existing signs on the same property.
(p) Landscape plan, as applicable.
(q) Signature of applicant. If the value of construction is two thousand five hundred dollars
($2,500.00) or greater, a certified copy of notice of commencement shall be required prior to
permit issuance.
3. Fees. Fees for sign permits shall be fixed from time to time by the Ccity Ccouncil and shall be in an
amount necessary to provide for administrative expenses and shall be paid before issuance of a permit.
When a sign has been erected or constructed before a permit is obtained, the permit fee shall be
quadrupled to defray the administrative costs associated with enforcement of this section.
4. Sign permit application review.
(a) An applicant shall deliver a completed permit application for a sign to the Development
Ddepartment of development services, or such other office as may be designated by the Ccity. The
sign permit application shall be reviewed by the Ccity Bbuilding Oofficial or his designated staff
member to determine whether the application is complete and whether the proposed sign meets
the applicable requirements of this article and any applicable zoning law. If a permit application is
complete and the proposed sign meets the requirements of this article, then the Ccity Bbuilding
Oofficial shall issue a permit to the applicant. Review of the sign permit application shall be
completed, and the Ccity Bbuilding Oofficial shall in writing either (i) approve the permit, or (ii)
approve the permit with conditions (meaning and restricted to legal conditions existing in the Code
such as, without limitation, set back, height or dimensional requirements), or (iii) deny the permit,
within thirty (30) days following receipt of a completed application and payment of any applicable
fees. If the thirtieth day falls on a Saturday, Sunday, or legal holiday, then the response of the Ccity
Bbuilding Oofficial shall be due on the next business day. A written denial shall specify the
reason(s) for the denial. Failure by the Ccity Bbuilding Oofficial to issue a written decision on a
permit within the time prescribed herein shall constitute a denial. If denial is the consequence of a
failure to decide upon the application within the deadline set forth herein, the Ccity Mmanager or
Page 39
(b)
(c)
(d)
(e)
designee shall, upon request by the applicant, refund any applicable fee to the person who paid the
fee. Notwithstanding the foregoing time prescribed for permit application review, any permit
application that shows on its face that it requests a permit for a prohibited sign shall not require
technical review and shall be denied as soon as reasonably practicable, preferably within five (5)
business days (excluding Saturdays, Sundays and legal holidays) of receipt of the application.
An approval, an approval with conditions, or disapproval by the Ccity Bbuilding Oofficial or his
designated staff member shall be deemed the final decision of the Ccity upon the application
subject to the applicant's right to appeal as provided in this article.
In the case of an approval with conditions or a denial, including a denial by lapse of time as
described herein, an applicant may ask for reconsideration of the decision on the grounds that the
Ccity Bbuilding Oofficial or his designated staff member may have overlooked or failed to consider
any fact(s) that would support a different decision. A written request for reconsideration
accompanied by such additional fact(s) as the applicant may wish the Ccity Bbuilding Oofficial or
his designated staff member to consider, shall be filed with the Development Ddepartment of
development services, attention: Ccity Bbuilding Oofficial within ten (10) calendar days after the
date of the written decision for which reconsideration is requested. If the written decision was
mailed to the applicant, then five (5) additional days shall be allowed for filing the request for
reconsideration. No fee shall be required for a request for reconsideration. Upon the timely filing
of a request for reconsideration, the decision of the Ccity Bbuilding Oofficial or his designated staff
member shall be deemed stayed and not a final decision, until a written response to the request for
reconsideration is issued. The request for reconsideration shall be decided within ten (10) days of
receipt by the Ccity, not counting any intervening Saturday, Sunday, or legal holiday. Such decision
shall be in writing and shall include a statement of the reason(s) for the decision. If a written
decision on the request for reconsideration is not issued within the time prescribed in this
subsection, then the request shall be deemed denied.
All written decisions shall be mailed return receipt requested, transmitted electronically via
facsimile with electronic confirmation of receipt, transmitted via electronic mail, or hand delivered
to the applicant. A record shall be kept of the date of mailing, electronic transmittal, or hand
delivery. For the purposes of calculating compliance with the thirty-day deadline for a decision
upon an application or the ten (10) deadline for a decision upon request for reconsideration, the
decision shall be deemed made when deposited in the mail, transmitted electronically, or hand
delivered to the applicant.
As exceptions to the foregoing, the thirty-day deadline for approval and the ten (10) day deadline
for a decision upon receipt of a request for a reconsideration shall not apply (that is, the time shall
be suspended):
(1) In any case in which the application requires a variance from any provision of the City Code of
Ordinances, a rezoning of the property, or an amendment to the Ccomprehensive Pplan of the
city. In such cases, the time shall be suspended until a final decision is made upon the
application for the variance, rezoning, or comprehensive plan amendment.
(2) If the applicant is required to make any change to the application in order to obtain an
unconditional approval, the time shall be suspended while the applicant makes such change.
(3) If an applicant is required to obtain an approval from any other governmental agency, the time
shall be suspended until such approval is obtained.
(4) In any of the foregoing cases, the applicant may elect to seek a variance, make no change to
the application, or obtain no approval that may be required by another governmental agency,
and may instead demand a decision upon the sign permit application as filed. In such event,
the Ccity Bbuilding Oofficial or designee shall make a decision on the application as
appropriate within the greater of (i) the remainder of the unexpired thirty-day response period
as extended, or (ii) five (5) business days after receiving such demand. If a decision is not made
in such a time, the application shall be deemed denied.
(5) An application which is materially incomplete or which is not accompanied by the required fee
shall not be deemed to be properly filed or accepted and the time for review of the application
Page 40
shall not commence until a complete application accompanied by the required fee is filed with
the Ccity Bbuilding Oofficial or designee. However, Ccity Bbuilding Oofficial or his designee
shall keep a record of incomplete applications or any applications not accompanied by the
correct fee, as required by applicable public record laws. In addition, the Ccity Bbuilding
Oofficial or his designee shall, within thirty (30) days of receipt of such an incomplete
application, send to the applicant a written explanation of the deficiencies in the application
stating that the application can not be processed, and will not be considered to be properly
filed, until a properly completed application is re-submitted with any unpaid fee. The Ccity's
obligation to review and process any incomplete application will be suspended pending receipt
of the required information or documentation.
(f) Any person aggrieved by a decision of the Ccity Bbuilding Oofficial or his designee upon a sign
permit application shall have the right to seek an administrative appeal as outlined in this article.
5. Nullification/revocation of sign permit. If the work under any sign permit is proceeding or has been
completed in violation of this article or any other ordinance of the Ccity, or should it be found that there
has been any false statement or misrepresentation of a material fact in the application or plans on which
the permit was based, or if any sign is constructed, installed or altered not in conformance with the plans,
specifications, site plans, drawings and other materials submitted as a part of the sign permit application
pertaining thereto, the permit holder shall be notified of the violation by the Ccity Bbuilding Oofficial or
his designated staff member. If the permit holder fails to make requested corrections within ten (10) days,
then it shall be the duty of the Ccity Bbuilding Oofficial or his designee to revoke such permit and to
serve written notice of such revocation upon such permit holder. It shall be unlawful for any person to
proceed with any part of work relating to construction, installation or alteration of any sign after such
notice of revocation of a sign permit is issued. A sign permit shall become null and void if the work for
which the permit was issued has not completed within a period of six (6) months after the date of the
permit. If the sign is an integral part of a new building structure, then the permit shall be valid until
completion of the building. Any sign constructed, erected, installed or altered that does not conform to
the plans, specifications, site plans, drawings and other materials submitted as a part of the sign permit
application pertaining thereto, or that is constructed, erected, installed or altered after a sign permit is
revoked, shall be deemed to have been constructed without a permit and shall be removed upon demand
by the Ccity Bbuilding Oofficial or his designated staff member.
13.12.00 - Reserved.
13.13.00 - Compliance with building code.
All sign permit applications must demonstrate compliance, and all signs shall comply, with the pertinent
requirements of the Florida Building Code and the building code and land development code of the Ccity.
13.14.00 - Reserved.
13.15.00 - Inspection.
Signs for which a permit is required may be inspected periodically by the Development
Departmentbuilding inspector in order to ascertain compliance with this article, the land development code
and other ordinances of the Ccity.
13.16.00 - Maintenance and miscellaneous safety requirements.
1.
All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive
condition, free from deterioration, defective or missing parts (including sign panels and lighting), peeling
or faded paint, and able to withstand the wind pressure for which it was originally designed. Trash,
rubbish and debris shall be kept clean in front of, behind, underneath and around the base of the sign.
Page 41
2.
3.
Signs that are blank or unused but are not abandoned as defined in this article shall be maintained so
that the inner fixtures or workings of the sign remain covered by an opaque covering at all times and
obsolete copy is removed or covered with an opaque covering so that the sign maintains a neat and clean
appearance.
Any sign found to be in a state of disrepair shall constitute a public nuisance and shall be brought into
compliance or be removed within thirty (30) days of receipt of written notice by the owner of the
property upon which such sign is located.
Replacement of removable sign panels, message, text or copy where no other modifications are made is
permitted and is not a change which requires a sign permit or which would terminated rights as a legal
non-conforming sign. Copy shall not be replaced such that the sign changes from an on-premises sign to
an off-premises sign. The following are examples of modifications that would require a permit and
would terminate rights as a legal non-conforming sign:
a. Modification that enlarges the area of sign facing, sign structure area or adversely affects the
original structural design integrity;
b. A modification that necessitates unfastening, loosening or removing the supporting sign structure;
c. Relocation of the sign on the same zone lot; and
d. A change of the type of material used in the structure or components of the sign.
13.17.00 - Sign standards by zones—Generally.
1.
The following sign standards by zone are intended to regulate outdoor signs in a manner that is
consistent with the land use classification which establishes the character of the area in which the signs
are located and in keeping with the overall character of the community. Said sign standards include every
zone in the Ccity as defined by the zoning ordinance and official zoning map. Only signs as described in
this section and as may be described under sections 13.075.00 and 13.0810.00 regarding temporary signs
and exemptions will be permitted in each particular zone.
2. If any zone is omitted from this section or if a new zone is created after the enactment of this section,
no signs, except those signs described under sections 13.05.00 and 13.08.00 regarding temporary signs
and exemptions, shall be permitted therein until this section shall be amended to include this zone.
3. If any area is annexed into the Ccity limits, no sign, except those signs described under sections 13.05.00
and 13.08.00 regarding temporary signs and exemptions shall be permitted therein until the area annexed
has been zoned by the Ccity Ccouncil. Signs in existence as of the time of annexation not in compliance
with the provisions of this chapter shall be deemed non-conforming signs subject to the provisions of
section 13.06.00.
4. No sign shall be erected so as to obstruct any fire escape, required exit, window, or door opening
intended as a means of egress.
5. No sign shall be erected which interferes with any opening required for ventilation.
6. Signs shall maintain a minimum of six (6) feet horizontal and twelve (12) feet vertical clearance from
electrical conductors and from all communications equipment or lines located within the Ccity.
7. Signs and their supporting structures shall maintain clearance and noninterference with all surface and
underground facilities and conduits for water, sewage, electricity, or communications equipment or lines.
Furthermore, placement shall not interfere with natural or artificial drainage or surface or underground
water.
8. No sign shall be attached to a standpipe, gutter, drain or fire escape, nor shall any sign be installed so as
to impair access to a roof.
9. No sign shall be placed within fifteen (15) feet from the present right-of-way line or public right-of-way
of any street in the Ccity, except in the Downtown Zoning District whereby signs will meet the setback
requirements of that district.
10. A sign shall be construed to form a single unit. In cases where matter is displayed in a random or
unconnected manner without organized relationship of the components, each such component shall be
considered a single sign. Except for banners, flags, temporary and portable signs, all All permanent signs
shall be permanently affixed to, and/or incorporated into, the sign cabinet, or building wall or other base
Page 42
11.
12.
13.
14.
material. All signs shall be constructed of materials designed to be permanent, safe, withstand weather
conditions, and shall have permanent supports appropriate for its size. The sign size (area) for a sign
with more than one (1) face shall be computed by adding together the area of all sign faces visible from
any one point. When two (2) identical sign faces are placed back to back, so that both faces cannot be
viewed from any point at the same time, and when such sign faces are a part of the same sign structure
and are not more than twenty-four (24) inches apart, the sign size (area) shall be computed by the
measurement of one of the sign faces.
No sign shall be located within the Free Vision Zone prescribed by section 10.02.00 of the land
development code.
No signs other than temporary signs shall be constructed of cloth, canvas, fabric, paper or cardboard or
plywood.
Balloon signs shall not exceed twenty-five (25) feet in height measured from the ground.
Free expression signs shall be allowed on any lot or parcel provided that such signs are located on
private property, are not within the rights-of-way, are not located in a Free Vision Zone, do not exceed
sixteen (16) square feet and are not higher than six (6) feet. Individual signs shall not exceed four (4)
square feet.
13.18.00 - Same—Residential zones.
1.
2.
The following requirements shall apply to single-family residential zones R-1, R-2 and R-3 and
multifamily residential zone MF-10. Except for those signs and sign-types allowed in residential zones in
accordance with sections 13.05.00 and 13.08.00 regarding temporary signs and exemptions above, no
additional signs or sign-types shall be permitted in residential zones, except for the signs meeting the
following requirements:
a. One (1) sign not exceeding two (2) square feet in area shall be permitted per residence;
b. Signs may be wall signs-mounted flush or ground-mountedmonument signs with the top of the
sign or framing and structure surrounding such sign no higher than five (5) feet above ground level;
c. An additional real estate sign shall be allowed provided that all zone district setbacks are met and
the property advertised for sale has not less than two hundred (200) feet of frontage on the public
street providing access to the property. Such sign shall be allowed only for the sale of acreage that
contains no habitable building or for the purpose of the initial sale of subdivision lots or the initial
lease of condominium or apartment units. The size of the additional sign shall not exceed sixteen
(16) square feet despite the size of the acreage to be sold. Such sign shall be required to be removed
from the property immediately upon conveyance of the acreage or upon the initial sale of
subdivision lots or upon the initial lease or rental of all condominium or apartment units.
The following requirements shall apply to more than three-family residential zone MF-14, multifamily
residential zone MF-30, planned residential zones and mobile home residential zones. Except for those
signs and sign-types allowed in residential zones in accordance with sections 13.05.00 and 13.08.00
regarding temporary signs and exemptions above, no additional signs or sign-types shall be permitted in
residential zones, except for the signs meeting the following requirements:
a. One (1) sign not exceeding two (2) square feet in area shall be permitted per residence;
b. Not more than two (2) identification signs of a total area calculated on the basis of two (2) square
feet per dwelling unit, limited to a total of twenty-four (24) square feet, shall be allowed.
Additionally, not more than two (2) real estate signs calculated on the basis of two (2) square feet
per dwelling unit limited to a total of sixteen (16) square feet shall be allowed. Such real estate signs,
advertising the rental or lease of portions of the premises or improvement thereon, may be
combined with the identity signs allowed in this subsection. The identity signs and the real estate
signs allowed in this subsection may be combined, providing such combination shall not exceed
forty (40) square feet in size for any one (1) sign. Corner properties having five hundred (500) feet
of street frontage on more than one (1) public street, properties having public street frontage on
more than two (2) streets which are not corner properties and parcels with greater than one
thousand (1,000) feet street frontage along a single street shall all be allowed the sign allowances
Page 43
c.
referred to in this subsection on each public street frontage or on one (1) public street in the case of
one thousand (1,000) feet of frontage;
These additional signs may be wall signs-mounted flush or ground-mountedmonument signs, with
the top of the sign or framing and structure surrounding such sign no higher than eight (8) feet
above ground level.
13.19.00 - Same—Business zones.
1.
2.
3.
The following requirements shall apply to the office zone and all commercial zones with exceptions.
Such requirements are that:
a. A total sign area of one and three-quarters (1¾) square feet for each lineal foot of building frontage
or one-half square foot for each lineal foot of lot frontage, whichever results in the larger sign area.
The maximum total area of all permitted signs for any establishment shall not exceed two hundred
(200) square feet, single face, and the minimum shall be not less than thirty-two (32) square feet.
Each face of a sign shall be included in the computation of allowable sign area, with the exception
that only a single face of a ground-mountedmonument sign be included. When two (2) identical
sign faces are placed back to back, so that both faces cannot be viewed from any point at the same
time, and when such sign faces are a part of the same sign structure and are not more than twentyfour (24) inches apart, the sign size (area) shall be computed by the measurement of one of the sign
faces.
b. Wall sSigns may be wall-mounted flush anywhere on the surface of that building. Where frontage is
on more than one (1) street, only the signs computed with the frontage of that street shall face that
street.
c. MonumentSsigns are allowedmay beground-mounted, except in shopping centers, with the top
level of the sign no higher than twenty-five (25) feet above ground level. The framing and structure
surrounding or supporting a ground-mountedmonument sign shall not be higher than twenty-five
(25) feet above ground level.
d. In addition, a real estate sign advertising the sale or lease of the entire premises up to sixteen (16)
square feet in size shall be permitted. Such sign shall be set back not less than ten (10) feet from the
property line and twenty (20) feet from the rear and sides of the property. Such sign shall be
removed from the property immediately upon the conveyance of the property or upon the initial
lease or rental of all units. Those properties which front on U.S. Highway 19, however, will have a
fifteen-foot setback from the property line.
e. Signs shall be limited to a maximum of two (2) ground-mountedmonument signs, except shopping
centers.
Shopping centers shall be allowed the following signs:
a. One (1) ground-mountedmonument sign no higher than twenty-five (25) feet above ground level
and four (4) building-mountedwall signs of a total area as defined in 1.a. above; and,
b. One (1) additional sign which shall not exceed twenty (20) feet in height measured to the top of the
sign from ground level. The size of this sign shall not exceed eighty (80) square feet or one hundred
sixty (160) square feet for the two (2) faces of a double-faced sign. The sign shall be a
permanentlyground-mountedmonument sign.
Signs placed in a window or affixed to a window shall not cover more than twenty-five (25) percent of
the window and shall not be included as part of the total sign area allowed. No permit is required. For
the purposes of this section, windows shall be deemed to be panels of transparent material surrounded
by a framing structure and placed into the construction material comprising the building facade. A
window panel shall be deemed a unified whole regardless of framing materials that define smaller areas
within the window sash. If transparent panels are used as the primary building material comprising the
building facade of a more than one-story building, window signs shall be limited to the first floor
windows and only fifty (50) percent of the window area shall be considered windows for the purposes of
this section.
Page 44
4.
Signs may be on the vertical faces of marquees and may project below the lower edge of the marquee
not more than twelve (12) inches. The bottom of marquee signs shall be no less than eight (8) feet above
the sidewalk or grade at any point. No part of the sign shall project above the vertical marquee face or
beyond the marquee itself.
13.20.00 - Same—Downtown Zoning District.
1. Application. The following requirements shall apply to the Downtown Zoning District. All signs erected
in the district or now existing in the district shall comply with all other provisions of this article and
requirements relative to safety in the building code, except as otherwise specifically accepted or modified
in this section.
2. New Port Richey Recommended Downtown Design Guidelines. Assistance from the Ccity is available to
any property or business owner seeking information on facade improvements, including signs in the
Downtown Zoning District. The Ccity will utilize the Downtown Design Guidelines document, prepared
with the assistance of the New Port Richey Community Main St. Design Committee, which guidelines
can be of assistance to the sign permit applicant when dealing with design and location issues. The
Downtown Design Guidelines are available by request from the Development Department city's
development services office.
3. Permitted signs. Temporary signs that conform to Section 13.05.00 are permitted in the Downtown
Zoning District. The following types of permanent signs shall be permitted in the Downtown Zoning
District:
a. Wall.
b. Projecting.
c. Window.
d. Canopy/awning.
e. Monument.
f. Hanging sign.
g. Directory.
h. Sandwich.
i. Gasoline price display.
4. Prohibited signs shall be those identified in 13.07.00 in addition to the following. Except as otherwise
provided for in this section, the following types of signs are prohibited and may not be erected within the
Downtown Zoning District:
a. Animated.
ba. Changeable copy.
c. Off-premises.
db. Freestanding.
e. Snipe.
f. Roof.
gc. Portable (except sandwich signs).
h. Shopping center.
i. Billboards.
j. Vehicle.
5. Sign area:
a. Total sign area for all signs on the premises shall be limited to an area of one (1) square foot for each
lineal foot of building frontage along the public right-of-way on which the building is oriented.
However, no individual sign in the Downtown Zoning District shall exceed fifty (50) square feet in
area. For those businesses whose building frontage is less than thirty-two (32) linear feet, a total sign
area not to exceed thirty-two (32) square feet shall be allowed.
b. In those instances where an individual building has multiple tenants each sharing common business
frontage on a public right-of-way, the total sign area for all tenants within the building shall be
limited as set forth in paragraph a. above.
Page 45
c. The total sign area allowed by building frontage or business frontage may be allocated among any
combination of sign types permitted in the Downtown Zoning District. However, the area of any
freestanding sign shall be excluded from the calculation of the total sign area allowed for a particular
premises.
d. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the
area of the sign, except that where two (2) such faces are placed back-to-back, parallel to one
another, and less than twenty-four (24) inches apart. The area of such sign shall be calculated as the
area of the largest face. Where a sign has two (2) or more faces, that portion of the sign structure
connecting the sign faces shall not be used for display purposes.
e. Where building frontage is on more than one (1) street, only the signs computed with the frontage
of the street shall face that street.
f. Where a building has a primary entrance on two (2) or more public streets, the permitted total sign
area on the premises can be calculated based upon the total lineal footage of up to two (2) sides of
the building that contain a primary entrance on a public street. However, no sign may violate the
provisions contained in paragraphs a. through e., inclusive, of this section. For purposes of this
paragraph f., a primary entrance of a building shall be an entrance to the building that is expressly
utilized for day-to-day pedestrian ingress and egress.
6. Number of signs. Except as provided for elsewhere in this section, the maximum number of signs for
each individual business or storefront is three (3).
7. Architectural detail. Signs shall not be located in areas which obscure architectural detail. The Downtown
Design Guidelines shall be utilized in determining whether a given sign will obstruct architectural detail.
8. Illumination of signs. See section 13.04.00 of this Code for regulations on illumination of signs.
98. Second-story businesses. A second-story business is a business which does not occupy space at the streetstory level. For purposes of this section, a second-story business shall not be deemed to occupy space at
the street-story level solely because it has a street level entrance or shares a foyer or reception area at
street level. Second-story businesses may have the following types and number of signs:
a. Second-story businesses may only use a window sign at the second-story level. Awning and canopy
signs are not permitted above the street level.
b. One (1) additional sign from the list below may appear at the street level on the building facade
which includes the second story business entrance:
(1) Silk-screened or etched image on door glass;
(2) Neon sign behind available fixed, non-door glass;
(3) Applied lettering over the door; or
(4) Street-level canopy with sign.
109. Permitted sign requirements. Permitted signs in the Downtown Zoning District shall meet the following
requirements.
a. Wall signs:
(1) One (1) wall sign shall be permitted for each business facade having frontage on a public rightof-way.
(2) A wall sign may extend the length of the storefront but shall not be more than two and onehalf (2½) feet high. The sign shall be mounted somewhere above the storefront display
windows and below the second story window sills or, in the case of single-story buildings, the
building cornice line. In the absence of such controlling architectural features, the sign shall be
mounted such that the bottom edge of the sign is at least seven and a half (7½) feet above
ground level at all points. Generally, lettering should be eight (8) to eighteen (18) inches high.
The lettering or other images portrayed on the sign shall occupy no more than sixty-five (65)
percent of the area prescribed for signs.
(3) Wall signs shall not project above the roofline or beyond the sidewalks of the establishment to
which the sign is attached.
[b. Reserved.]
c. Projecting signs:
Page 46
d.
e.
f.
g.
(1) No sign shall be erected that projects more than three (3) feet from the front of the building
to which it is attached, nor more than three (3) feet into the public right-of-way in the event a
building is constructed to the limit of such right-of-way. No sign shall be erected which
projects closer than two (2) feet [of] the nearest edge of any vehicular travel lane.
(2) The bottom of any sign projecting from a building structure shall be no less than seven (7)
feet above grade at all points. The top of any projecting sign shall not extend above the
roofline of the building.
(3) No sign which projects into the public right-of-way shall exceed ten (10) square feet in area.
Hanging signs:
(1) A hanging sign shall hang perpendicular to the building face. One (1) hanging sign may be
used per storefront and shall be located at the front door of the business. The area of a
hanging sign shall not exceed two (2) square feet.
(2) When an awning or canopy is present, the hanging sign shall fit within the area beneath the
awning and shall not exceed seventy-five (75) percent of the canopy's span from the building
facade, and the bottom edge of the sign shall be at least seven (7) feet above ground level at all
points.
(3) A hanging sign shall be affixed in a manner approved by the building inspector, or his
designee.
Window signs. Window signs shall not cover more than twenty-five (25) percent of the window
and shall not be included as part of the total sign area allowed. Business owners are encouraged to
utilize illuminated window display as an advertising alternative to window signage.
Canopy or awning signs:
(1) Signage may be located on the vertical faces of a canopy or awning only. Signs are not
permitted on any sloping face of such sign. Signage may project below the lower edge or
valance of the canopy or awning not more than twelve (12) inches. The bottom of the canopy
or awning sign shall be no less than seven (7) feet above ground level at all points. No part of
the sign shall project above the vertical awning or canopy face or beyond the awning or canopy
itself.
(2) Canopy or awning signs shall be computed as part of the allowable sign area. Sign lettering is
limited to one (1) line not exceeding a height of nine (9) inches. Signs on awnings and canopies
must occur within and shall not exceed thirty-three (33) percent of the width of the valance of
such canopy or awning. Logos, images or the like may be repeated but shall be included in the
calculation of the thirty-three (33) percent width restriction.
(3) Canopy or awning signs are not permitted above the street-level story.
(4) No canopy or awning sign shall contain back lighting or be otherwise illuminated.
Sandwich signs:
(1) Sandwich signs shall be freestanding and moveable. Sandwich signs may only be placed by the
owner of the adjacent property.
(2) All sandwich signs within the public right-of-way, public sidewalks, shall not cause the
minimum width available and open for pedestrian movement to be less than four (4) feet.
Additionally, no sandwich sign shall be placed within two (2) feet of the nearest edge of any
vehicular travel lane or parking area. Any such sign which intrudes upon pedestrian or
vehicular movement or safety is prohibited and shall be removed upon request of the Ccity.
(3) Sandwich signs shall not exceed an overall height of forty-two (42) inches above ground level
or an overall width of thirty (30) inches. The maximum leg spread shall be three (3) feet.
Sandwich signs may be single-or double-sided.
(4) No sandwich sign shall be illuminated.
(5) The placement of sandwich signs shall be limited to the hours of operation of the activity
utilizing the sign.
(6) No sandwich sign subject to the provisions hereof shall interfere with utility poles, street trees,
streetlights, banners, or other structures.
Page 47
(7) Sandwich signs require a sign permit pursuant to section 13.11.00. All permits for sandwich
signs issued in the Downtown Zoning District shall be subject to the public's use of the said
public right-of-way whether or not any such specific notation is made on such permit. The
Ccity Mmanager or his designee may require the immediate removal, on a temporary or
permanent basis and without compensation, of any sandwich sign from the public right-of-way
when such removal is reasonably necessary to protect the public health, safety or welfare or to
permit other lawful and proper uses of such right-of-way.
h. Freestanding or pole signs:
(1) Freestanding signs are permitted in the Downtown Zoning District only for business
establishments with vehicle fuel pumps involving gasoline sales, and those business
establishments with store fronts which are set back from the street on which the store or office
fronts by twenty-four (24) feet or more for the express purpose of providing for a parking lot.
A maximum of one freestanding sign per zone lot is permitted and shall be in addition to the
maximum number of signs and sign area otherwise permitted for such lot.
(2) Freestanding signs shall have a maximum height of fifteen (15) feet, a minimum setback of six
(6) feet from property line, and a maximum area of one hundred (100) square feet.
Freestanding signs shall meet the minimum requirements of section 10.02.00, Free Vision
Zone.
(3) Each freestanding sign shall be located within a planted landscaped area which is of a shape
and design that will provide a compatible setting and ground definition to the sign. Two (2)
square feet of landscaped area shall be provided for each square foot of sign area.
ih. Monument signs:
(1) Monument signs shall have a maximum height of six (6) feet and a minimum setback of six (6)
feet from property line. Monument signs shall meet the minimum requirements of section
10.02.00, Free Vision Zone.
(2) Each monument sign shall be located within a planted landscaped area which is of a shape and
design that will provide a compatible setting and ground definition to the sign. Two (2) square
feet of landscaped area shall be provided for each square foot of sign area.
ji. Gasolineprice displayFuel pumping station signs:
(1) A separate sign advertising the retail price of gasoline or other vehicle fuel shall be permitted at
establishments sellingwith vehicle fuel pumps. such products. One (1) monument sign shall be
permitted per street frontage located not closer than five (5) feet to the abutting street right-ofway. The size shall not exceed nine (9) square feet and shall be included as part of the total sign
area allowed. Such signs shall be further subject to the provisions of 13.20(9)(h) above.
(2) Signs which are permitted to be placed on the top of gasolinefuel pumps in order to provide
required information to the public regarding price per gallon, type of fuel, and octane rating are
permitted, provided that such signs may not exceed one and one-half (1½) square feet per sign
face. Such signs shall not be included as part of the total sign area allowed.
13.21.00 - Variances and special exceptions.
The Lland Ddevelopment Rreview Bboard may, upon the receipt of a request for a variance, authorize
such variance as it deems appropriate only if such request does not exceed five (5) feet in height or setback
from the right-of-way or five (5) square feet in area of sign. If such request for variance exceeds that stated
above, then only the Ccity Ccouncil may authorize such variances from the terms of the regulations of this
article pursuant to the procedures and criteria set forth in sections 5.03.00 through 5.03.03 of the Lland
Ddevelopment Ccode.
13.22.00 - Removal of signs in violation; abandoned signs.
1.
The Ccity Bbuilding Oofficial may order the removal of any sign erected or maintained in violation of
this article. He shall give thirty (30) days' notice in writing to the owner of such sign at the address
Page 48
2.
reflected on the application for the sign permit or, if no address is available for any reason to the owner
of the building, structure or premises on which such sign is located, to remove the sign or bring it into
compliance. The Ccity Bbuilding Oofficial may order removal of a sign immediately and without notice
if the condition of the sign is such as to present an immediate threat to the health, welfare or safety of
the public. If the sign is not removed within the thirty-day notice period, the building inspector shall
cause the sign to be removed at cost to the owner. The penalties as provided in this Code which are
incurred by the failure to remove the sign shall not be affected by the removal of the sign at the
direction of the Ccity Bbuilding Oofficial.
A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the
business which it advertises is no longer conducted on the premises. If the owner or lessee fails to
remove it, the Ccity Bbuilding Oofficial shall give the owner thirty (30) days' written notice to remove it.
Upon failure to comply with this notice, the Ccity Bbuilding Oofficial may authorize removal of the sign
at cost to the owner. Where a successor to a defunct business agrees to maintain the sign as provided in
this article, this removal requirement shall not apply; however, the new owner of a business shall not be
allowed to maintain a nonconforming sign and upon change of ownership of the business all signs shall
be brought into compliance with this article.
13.23.00 - Enforcement.
The Ccity Bbuilding Oofficial or his administrative designee, shall be the enforcing official of this article
and is hereby authorized and directed to enforce all of the provisions of this article. The enforcing official is
charged with the duty of administering this article and securing compliance therewith. Further, the enforcing
official shall make such inspection as may be necessary to ensure compliance with this article and shall initiate
appropriate action, if any, to enforce the provisions of this article.
Upon determination by the Ccity Bbuilding Oofficial that a sign has been erected, altered or maintained
in violation of this article, the enforcing official shall give notice of violation and shall take all further and
appropriate measures in prosecuting the code violation(s) as established in article VIII of chapter 2 of the
New Port Richey City Code, as amended from time to time.
13.24.00 - Interpretation.
Where there is a dispute concerning the interpretation of this article, the decisions of the Ccity Bbuilding
Oofficial may be referred by the aggrieved party to the Ccity Mmanager who shall resolve the dispute as soon
as practicable. The decision of the Ccity Mmanager shall prevail, subject to appeal as provided in this article.
13.25.00 - Right of appeal.
1.
Any person aggrieved by any decision or order rendered by the Ccity Bbuilding Oofficial or his
designated staff member after referral to and disposition by the Ccity Mmanager pursuant to this article
may appeal to the Ccity Ccouncil by serving written notice to the Ccity Cclerk within thirty (30) days of
the date of the decision or order appealed from. If an appeal is timely filed, then the decision or order
appealed from shall not be deemed rendered for purposes of time limits upon filing judicial proceedings
until a decision on such appeal is rendered. The decision or order appealed shall be deemed rendered as
of the date thereof if an appeal is not timely filed. For purposes hereof, a denial resulting from inaction
of the administrative official shall be deemed rendered as of the date of expiration of a prescribed time
for response. The written appeal shall describe the alleged error or oversight and the applicable
provisions of the sign ordinance, Land Development Code or applicable law pertaining to the
administrative official's decision or order appealed. The Ccity Bbuilding Oofficial shall take no further
action on the matter pending the Ccity Ccouncil's decision, except in the case of unsafe signs which shall
present an immediate and serious danger to the public as provided elsewhere in this article.
Page 49
2.
3.
The Ccity Ccouncil shall hold a hearing within thirty (30) days following receipt of the written appeal.
The appeal shall be conducted as a de novo review and the parties shall be permitted to be represented
by counsel and to present evidence and testimony subject to the rules of evidence applicable in Florida
court proceedings.
The Ccity Ccouncil board shall render a written decision within twenty (30) days following a hearing
based on the requirements of this Article. The decision of Ccity Ccouncil shall be the final action of the
Ccity, and may be appealed in court as provided by law.
13.30.00 - Severability.
1.
2.
3.
4.
Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or
word of this article is declared unconstitutional or unenforceable for any reason by the valid judgment or
decree of any court of competent jurisdiction, it shall be deemed to be severed from this article and such
declaration shall not affect any other part, section, paragraph, subparagraph, sentence, phrase, clause,
term, or word of this article.
Severability where less speech results. Without diminishing or limiting in any way the declaration of
severability set forth above in section 13.30.00, subsection 1 or elsewhere in this article, this Code, or any
adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause,
term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such
severability would result in a situation where there would be less speech, whether by subjecting
previously exempt signs to permitting or otherwise.
Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the
declaration of severability set forth above in section 13.30.00, subsection 1, or elsewhere in this article,
this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this article or any other law is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality
shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause,
term, or word of this article that pertains to prohibited signs, including specifically those signs and signtypes prohibited and not allowed under section 13.07.00 of this article. Furthermore, if any part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 13.07.00 is
declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the
declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of section 13.07.00.
Severability of prohibition on billboards and off-premise signs. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this article and/or any other Ccode
provisions and/or laws declared invalid or unconstitutional by the valid judgment or decree of any court
or competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on
billboards as contained herein.
13.31.00 - Murals.
Murals shall be considered to be signs when utilized as a means of advertising or conveying any
commercial message. All such murals shall conform to the requirements relating to signs applicable to the
zone lot on which the structure containing the mural is located.
SECTION IV. If any phrase or portion of this Ordinance, or the particular application thereof,
shall be held invalid or unconstitutional by any court, administrative agency, or other body with appropriate
jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be
affected thereby.
Page 50
SECTION V. It is the intention of the City Council and it is hereby ordained that the provisions of
this Ordinance shall be codified and made a part of the New Port Richey City Code, and that the sections of
this Ordinance may be renumbered to accomplish such codification, and that the word Ordinance may be
changed to “section” to accomplish such codification.
SECTION VI. This Ordinance shall become effective immediately upon its adoption.
The above and foregoing Ordinance was read and approved on first reading at duly convened meeting of the
City Council of the City of New Port Richey, Florida this
day of
, 2016.
The above and foregoing Ordinance was read and approved on second reading at duly convened meeting of
the City Council of the City of New Port Richey, Florida this
day of
, 2016.
ATTEST:
__________________________
Doreen Summers, City Clerk
____________________________
Rob Marlowe, Mayor-Council Member
APPROVED AS TO FORM
By: __________________________________
Joseph A. Poblick, City Attorney
Page 51
Page 52
Page 53
Page 54
.
.
TO:
FROM:
Robert M Rivera, Public Works Director
DATE:
5/17/2016
RE:
2014/2015 Multi-Use Path (River Walk to Rec. Center) Project Close-Out
REQUEST:
The request of staff for City Council is to review and consider for approval the Final Deductive Change Order in the
amount of ($195,211.91) and the Final Pay Request in the amount of $129,579.74 from Dallas 1 Construction and
Development for the completion of the 2014/2015 Multi-Use Path (River Walk to Rec. Center) Project.
DISCUSSION:
As Council may recall, the scope of this project was the construction of an eight foot wide multi-use path connecting
to the City's existing Riverwalk at Grand Boulevard and Massachusetts Avenue, heading east tying into the existing
Morton Plant North Bay Hospital Wellness trail and the City's Recreation and Aquatic Center. The purpose of the path
is to fulfill Council's desire to one day have a connection to the Starkey Trail and the Pinellas Trail as to create a point
of destination to the Downtown area once all phases are completed.
This project contained a do not exceed budget amount of $768,484.00. The deductive change order was the result of
construction adjustments due to field conditions which resulted in lower miscellaneous road material quantities used
and the non expenditure of the owners contingency. This resulted in a final cost for construction of $573,272.09.
RECOMMENDATION:
Approval of the final deductive change order and final pay request are recommended.
Funding for the project is identified as Street Improvement dollars account No. 701-0701-541-63-37.
ATTACHMENTS:
Description
Deductive Change Order
Final Pay Request
Page 55
Type
Backup Material
Backup Material
Page 56
Page 57
Page 58
Page 59
Page 60
Page 61
Page 62
Page 63
.
TO:
FROM:
Kim Bogart, Chief of Police
DATE:
5/17/2016
RE:
Request to Purchase Body-Bug Equipment
.
REQUEST:
I respectfully request Council approve this request for the purchase of a Geonautics Wallaby Remote Listening
Device with 1GB Recorder and ancillary accessories from Advanced Covert Technology for a total cost of $3,855.
DISCUSSION:
The police department routinely conducts investigative operations requiring the use of convert listening and recording
equipment. This type equipment makes it possible to closely monitor the operation to ensure officer safety and record
information critical for successful prosecution.
After extensive evaluation, we have determined the Geonautics Wallaby Remote Listening Device with 1GB Recorder
is appropriate for our needs. The device and accessories will be purchased from Advanced Covert Technology -- P.O.
Box 3234 Evans, Georgia 30809.
RECOMMENDATION:
I recommend the purchase of a Geonautics Wallaby Remote Listening Device with Recorder and accessories for a
total cost of $3,855 from Advanced Covert Technology.
This equipment will be purchased using forfeiture funds; therefore, there will not be a direct fiscal impact to the
police department budget.
ATTACHMENTS:
Description
Advance Covert Technology Quote
Advance Covert Technology Sole Source Letter
Advance Covert Technology Sole Source Letter
Page 64
Type
Cover Memo
Cover Memo
Cover Memo
Advanced Covert Technology
Quote
P.O. Box 3234
Evans, GA 30809
706-496-8275
800-308-6105 - Fax
Date
Quote #
2/23/2016
1604856
Name / Address
Visit us at www.act-sales.com
New Port Richey Police Department
Attn: Cpl Joe Pascalli
6739 Adams St
New Port Richey, FL 34652
Item
Description
Qty
Cost
Total
ACT DBC6
Alpha Disguised Battery Case DVR for iPhone 6 - Built
in Wi-Fi allows you to control, view and download video
from your iPhone 6. Unique button for 4X fast zoom in
and records up to 180 minutes
1
495.00
495.00
ACT DCCL
Disguised Coffee Cup Lid DVR - Instant One Button
Recording, Highly Concealed Lens, Ideal For indoor Or
Outdoor Covert Video Operations, Lid Fits Most To-Go
Coffee Or Tea Cups, Records Your Subject Undetected
For Up To 150 Minutes, 1280 X 720 Video Resolution
@ 30 Frames Per Second, Supports Up To 16 GB Micro
SD Card
1
395.00
395.00
ACT C1D 1GB R...
(Geonautics) Wallaby Remote GSM Listening Device
with 1GB Recorder - High Quality Digitized Audio over
Cellular Network, Internal Motion Sensor, Rugged
Housing (3.8"x1.6"x.4"), On Board Recording with the
C-1D Dingo Digital Recorder, Remote Audio Playback
over Tri Band 3G, 3 hrs + Internal Battery, Duress
Function, Fast Conceal and Fast Deploy
1
2,930.00
2,930.00
S&H
Shipping and Handling
1
35.00
35.00
Jack P. Brandon Jr.
Regional Sales Representative
706-631-5552-cell
[email protected]
Page 65
Total
$3,855.00
Page 66
Page 67
.
.
TO:
FROM:
DATE:
5/17/2016
RE:
Request to Purchase Crash and Crime Scene Laser Mapping System
REQUEST:
I respectfully request Council authorize the purchase of a MapStar TruAngle Crash and Crime Scene Mapping
System from Laser Technology Inc., at a total cost of $8,060.50.
DISCUSSION:
The Police Department's traffic homicide investigators and crime scene technicians regularly conduct investigations
requiring accurate depictions of traffic crash and crime scenes. Presently, these investigators take measurements
using a hand-held laser and then hand draw the scene to scale. This process is time consuming and allows for human
errors.
The MapStar TruAngle laser mapping system will interface with our current lasers and the Department's computer
aided dispatch system. The price includes hardware, software and one year of on-site training.
Laser Technology, Inc., 6912 South Quentin Street, Centennial, Colorado 80112 is the sole manufacturer and
distributor of the MapStar TruAngle system.
RECOMMENDATION:
I recommend Council authorize the purchase of the MapStar TruAngle Laser Mapping System from Laser Technology,
Inc., at a total cost of $8,060.50.
This equipment will be purchased using Equitable Sharing Funds; therefore, there will not be a direct fiscal impact to
the police department budget.
ATTACHMENTS:
Description
Laser Technology, Inc., Quote
Laser Technology, Inc., Sole Source Letter
Laser Technology, Inc. Product Brochure
Page 68
Type
Cover Memo
Cover Memo
Cover Memo
Page 69
Page 70
Page 71
Page 72
Page 73
Page 74
Page 75
Page 76
.
.
TO:
FROM:
DATE:
5/17/2016
RE:
Request to Replace Lighting Fixtures on the Police Department's Front Parking Lot
REQUEST:
I respectfully request Council authorize replacement of the lighting fixtures for the East parking lot, security walls,
and the flag pole areas of the police department by Garrett Rhodes Electrical Services, Inc., at cost of $14,825.
DISCUSSION:
The lighting fixtures for the East parking lot, the recessed security wall fixtures, and the fixtures on the front soffit of
the police department are in deteriorated condition and in need of replacement.
Garrett Rhodes Electric -- P.O. Box 1424 Port Richey, Florida 34673-1424, recently responded to a City Recreation
Center's Request for Proposal for a lighting project and won the bid. This project will piggyback off the Recreation
Center's contract.
The Garrett Rhodes estimate included with this submission includes pricing to install illuminated bollards at the front
of the police headquarters; however, I am not requesting approval for that portion of the estimate.
RECOMMENDATION:
I recommend Council authorize the replacement of the lighting fixtures for the East side of the police department by
Garrett Rhodes Electric at a total cost of $14,825.
This expenditure was included the Police Department's F.Y. 2015-2016 Budget and is an anticipated expense.
ATTACHMENTS:
Description
Garrett Rhodes Lighting Quote
Page 77
Type
Cover Memo
Garrett Rhodes Electrical Services, Inc.
P.O. Box 1424
Port Richey, FL 34673-1424
Lic. # EC-13005613
Estimate
Phone # 727-856-6962
Date
Estimate #
1/19/2016
518
Name / Address
CITY OF NEW PORT RICHEY POLICE DEPARTMENT
6739 ADAMS ST.
NEW PORT RICHEY, FL 34652
Project
Description
Qty
Total
REPLACE (14) POLE MOUNTED PARKING LOT LIGHT FIXTURES, CONNECTED TO
EXISTING POLES AND CIRCUITS. (LED LIGHTS)
REPLACE (3) EXISTING WALL PACK LIGHTS (RECESSED) WITH NEW SURFACE
MOUNT (LED) WALL PACKS.
REPLACE (1) FLAG POLE LIGHT WITH NEW (LED) AND INSTALL (1) NEW LED
FLAG POLE LIGHT AT OPPOSITE SOFFIT.
REPLACE (4) SIGN LIGHTS AT ROADWAY WITH (2) NEW 26 WATT LED LIGHT
FIXTURES.
1
14,825.00
INSTALL (8) 6" LIGHT BALLARDS (LED) CONNECTED TO EXISTING LIGHTING
CIRCUIT.
1
12,500.00
Thank you for your business.
Total
Signature
Page 78
$27,325.00
_____________________________________
.
.
TO:
FROM:
Debbie L. Manns, City Manager
DATE:
5/17/2016
RE:
Memorandum of Understanding between the City of New Port Richey and New Port Richey Main
Street, Inc.
REQUEST:
The request is for City Council to approve the Memorandum of Understanding between the City and New
Port Richey Main Street, Inc.
DISCUSSION:
In order to memorialize certain terms and responsibilities as it relates to the administration of the New Port
Richey Main Street Program, a Memorandum of Understanding has been drafted for your review and
consideration. The proposed agreement affirms the importance of a four point program approach and sets
forth the performance requirements for both parties. Additionally, the agreement provides a termination
clause in the event of any material breach in the terms of the contract.
RECOMMENDATION:
Staff recommends that City Council authorize approve the proposed Memorandum of Understanding as
submitted and authorize the City Manager to enter into the agreement with New Port Richey Main Street,
Inc.
No funding is required for this item at this time.
ATTACHMENTS:
Description
Memorandum of Understanding between the City of New
Port Richey and New Port Richey Main Street, Inc.
Page 79
Type
Backup Material
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEW PORT RICHEY AND
NEW PORT RICHEY MAIN STREET, INC.
This MEMORANDUM OF UNDERSTANDING herein referred to as “AGREEMENT”
is made upon the signing of the parties by and between the City of New Port Richey, Florida, a
municipal corporation, whose address is 5919 Main Street, New Port Richey, Florida, 34652,
herein after referred to as “CITY”, and New Port Richey Main Street, Inc., a Florida Main Street
501C3 nonprofit organization authorized to do business as a nonprofit in the State of Florida,
whose address is 6345 Grand Boulevard, New Port Richey, Florida, 34652, hereinafter referred to
as “NPRMS.”
W I T N E S S E T H:
WHEREAS, the City of New Port Richey City Council has budgeted funds to provide for
certain staff, office space and supplies; and
WHEREAS, NPRMS has been designated a Florida Main Street City by the Division of
Historical Resources, Florida Department of State; and
WHEREAS, NPRMS is incorporated, filed for, and received their 501C3 status, and has a
working Board of Directors; and
WHEREAS, the CITY has supported the development of NPRMS and intends to continue
to do so; and
WHEREAS, both the CITY and NPRMS agree on the importance of a strong four-point
Main Street Approach for Downtown; and
WHEREAS, the CITY and NPRMS both desire to create a strong and viable downtown.
Page 80
NOW THEREFORE in consideration of the mutual covenants, promises, and
representations contained herein and other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree to as follows:
ARTICLE I - RECITALS
The WHEREAS clauses are hereby incorporated by reference and are represented to be
tme and correct.
ARTICLE II - TERM
This AGREEMENT shall continue in force until September 30, 2016 unless either party
choosesto exerciseits rights underArticle VII- Terminationbelow.
ARTICLE III - ADMINISTRATION OF AGREEMENT
Administration of this AGREEMENT shall be under the general direction of the City
Manager or designee who shall act as the CITY'S representative during the performance of this
AGREEMENT. The Agreement Administrator for NPRMS is its President or designee, who will
also serve as the day-to-day contact person. Each party agrees to provide written notification
within fifteen (15) days, should the representative of either party change during the term of this
AGREEMENT.
ARTICLE IV - GENERAL CONDITIONS
This AGREEMENT is governed by and shall be constmed according to the laws of the
State of Florida and the governing documents of the Florida and National Main Street
organizations. Venue for any dispute, claim or action arising out of or related to this
AGREEMENT shall be in the Sixth Judicial Circuit in and for Pasco County, Florida (Westside.)
Each party hereto shall bear their own attorneys' fees and costs in the event of any dispute, claim,
actionor appealarisingout ofor relatedto this AGREEMENT.
Page 81
ARTICLE V - WARRANTY AND OBLIGATION
This AGREEMENT sets forth the final and entire AGREEMENT between the parties
hereto and neither they nor their agents shall be bound by any terms, conditions, statements,
warranties or representations, oral or written, not herein contained.
The obligations of the CITY under this AGREEMENT are subject to the availability of
funds lawfully appropriated for its purpose by the City Council of the City of New Port Richey.
Funds must be appropriated in each annual budget and may be withdrawn at the Council's sole
discretion.
ARTICLE VI - INDEMNIFICATION
NPRMSshall indemnifyandholdthe CITYharmless, includingits elected andappointed
officials, agents and employees, from and against all claims, damages, losses, and expenses,
including, but not limited to, attorney's fees and costs, and attorney's fees on appeal arising out of
or resulting from the carrying out of this AGREEMENT, arising out of any work activities
performed under this AGREEMENT, or constituting a breach of any term ofthis AGREEMENT,
exceptif dueto a negligentact ofthe CITY.
ARTICLE VII - TERMINATION
Either party shall have the right to terminate this AGREEMENT for any material breach
of any term ofthis AGREEMENT. A breach shall include, but not be limited to, failure to utilize
the funds as directed withinthis AGREEMENT,failure by the CITY to approve use ofproperty
and secure dates for NPRMS longstanding events. Any additional events will be subject to
approval by the Main Street Board of Directors. Termination ofthe AGREEMENT by NPRMS
pursuant to this paragraph shall preclude NPRMS from applying for any further grants from the
CITY during the same contract year. Should the CITY cause a breach as outlined above and
Page 82
subsequently causetermination ofthisAGREEMENT, the CITY shall not unreasonably withhold
usual and customary support of regular events sponsored by NPRMS. Upon either party's
determination that a breach of any term of this AGREEMENT, said party will provide written
notice of said breach, and provide, in the written notice, the corrective action that must be taken.
If the party does not take the above-described corrective action within fifteen (15) calendar days
ofreceipt ofthe written notice, this AGREEMENT shall terminate without any further notice. The
corrective action mustbe acceptable to the aggrieved party in orderto avoidtermination hereunder.
ARTICLEVIII - REVIEWOF FINANCIALRECORDS
For a period of up to three (3) years after the end of the fiscal year in which the grant is
awardedor termination ofthis AGREEMENT,the CITY shall havethe right to review and audit
any and all fmancial records or any other records having to do with this AGREEMENT, at any
time. NPRMS agrees to cooperate fully on any review or audit conducted by CITY. NPRMS
shall submit an annual operating budget to the CITY within thirty (30) days of execution of this
AGREEMENT
ARTICLE DC - AMENDMENTS
Amendments hereofmust be mutually agreeduponby the parties andmust be in writing.
ARTICLE X - NOTICES
Whenever either party desires to give notice unto the other, written notice shall be sent via
hand delivery or first class mail to:
Page 83
New Port Richey Main Street, Inc.
City ofNew Port Richey
ATTN: President, Board of Directors
6345 Grand Boulevard
ATTN: City Manager
5919 Main Street
With a copy to:
City ofNewPortRichey
ATTN: City Attorney
5 919 Main Street
All notices shall be effective upon receipt. Any party may changetheir representative to
get notice or their address by giving notice in this manner without the need offormal amendment
to this AGREEMENT
ARTICLEXI - QUATERLYREPORTS
NPRMS shall provide quarterly reports to the CITY detailing the following efforts:
Economic Restructuring - detailing approaches to strengthening the
competitiveness of existing businesses, recmiting new businesses, and
convertingunusedor underusedspaceto more productive uses.
Promotion - detailing efforts for creating a positive image ofthe downtown
area to encourage consumers and investors to live, work, shop, play, and
invest in the downtown.
Design - detailing efforts to create an inviting atmosphere, through facade,
streetscape and other design improvements aswell as ongoing maintenance
of the downtown area.
Organization - detailing efforts to focus on strategies for getting
stakeholders to work toward the same goal and for assembling the
appropriate people and financial resources to implement your program.
NPRMS shall provide to the CITY monthly financial reports detailing all revenue
and expenditures.
Page 84
ARTICLE XII - BOARD OF DIRECTORS
The CITY shall appoint one voting member and one ex-officio member to the Board of
Directors for NPRMS as its representatives.
ARTICLE XIII - DIRECTOR
The CITY shall employ a full-time, professional level Main Street Director. The CITY
shall also provide reimbursement for expenses to attend required National and Florida Main Street
Conferences, as well as any required Main Street training, and office space which shall be housed
at the Business Incubator, 6345 Grand Boulevard, New Port Richey, Florida, 34652. The CITY
shall establish duties for the position to include, but not be limited to the following:
1.
Oversight of the daily operations of the Main Street program, including
coordinating and facilitating committees, creating support for NPRMS, and
building strong relations with the downtown businesses and residents;
2.
Provide recommendations and technical assistance to the NPRMS Board of
Directors; and
3.
Other duties as outlined in the Main Street Program Director job description
provided by the CITY.
IN WITNESS WHEREOF, the parties have caused this MEMORANDUM OF
UNDERSTANDING to be executed for the uses and purposes therein expressed on the day and
year first above written.
ATTEST:
_______________________________
Doreen M. Summers, CAP-OM, CMC
City Clerk
________________________________
Debbie L. Manns, City Manager
_______________________
Date
Page 85
NEW PORT RICHEY MAIN STREET, INC.
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Date ''
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c_
its -^'c-e^ (d^^^V
Witness:
.
^\^
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Printed Name of Witness
Page 86
Aiy\
-^
<JVJC^ ^ |UjL^j2^/^
rinted Name of Witness
.
.
TO:
FROM:
Doreen Summers, City Clerk
DATE:
5/17/2016
RE:
Board Appointment: Rob Oman, Parks and Recreation Board
REQUEST:
Staff requests that City Council consider the appointment of Mr. Rob Oman to the Parks and Recreation Board.
DISCUSSION:
On April 25, 2016, Parks and Recreation Director Elaine Smith approved Mr. Oman's application to the Parks and
Recreation Board as an alternate member. His appointment will be a three-year term, and will expire on May 17, 2019.
As required by City Code, this appointment must be approved by the City Council.
RECOMMENDATION:
Staff recommends Mr. Oman's appointment.
None.
ATTACHMENTS:
Description
Application, Rob Oman
Parks and Recreation Board Roster
Page 87
Type
Backup Material
Backup Material
Page 88
Page 89
CITY OF NEW PORT RICHEY BOARDS/COMMITTEES
Parks and Recreation Board
_____________________________________________________________
Seven (7) regular members and two (2) alternate members, all of whom shall be
registered voters who reside within the city. Three-year terms.
Page 90
David Schrader
5418 Dartmouth Road
(H) 842-6342 (C) 992-0260, 939-3932 (Direct)
[email protected]
Through 12.20.17
Gregory Giordano
5926 Van Buren Street
(H) 514-5905
(W) 847-8165 or
727-847-8179
[email protected]
[email protected]
Through 12.20.17
Carolyn Marlowe
5603 Palmetto Road
(C) 727-534-7414
[email protected]
Through 12.20.16
Justin Billings
6205 Glenwood Dr
New Port Richey, FL
727-849-3121
[email protected]
Through 12.20.16
3 Caramel Way
Ocean Grove, NJ 07756
(732) 774-861
Robert (Bob) Smallwood
7124 Meighan Ct.
(C) 267-5863
[email protected]
Through 12.20.17
Joy Phillips
5760 Colonial Drive
Through 12.02.17
(h) 727-849-6824
(w) 727-207-4118
[email protected]
Dana Jean Suiters
Through 12.01.18
5624 Riverview Drive
P. O. Box 1871
New Port Richey, FL 34652 New Port Richey, FL 34656
(h) 727-741-1144
(w) 727-815-9611
[email protected]
Alternates
Rob Oman
5738 Montana Avenue
(h)(w) 727-460-9446
[email protected]
Through 05.17.19
Open
Staff Liaisons: Elaine Smith
Donna French (minutes)
3.07.00 Parks and recreation board
3.07.01 Created; purpose.
There is hereby created a parks and recreation board for the purpose advising the city
council on the use of city parks and to promote the use of public recreational facilities.
The parks and recreation board will plan, promote and assist the director of parks and
recreation in conducting recreational projects for citizens and visitors of all ages, both on
its own initiative and in cooperation with other agencies.
(Ord. No. 1468, § 1, 9-15-98)
3.07.02 Membership.
1. The parks and recreation board shall be comprised of seven (7) regular members
and two (2) alternate members, all of whom shall be registered voters who reside within
the city. A quorum shall consist of four (4) members.
2. The appointment of members to serve on the parks and recreation board will be for
three (3) years. The city council shall select the board members by a majority vote. The
city council, by a majority vote, may remove any member with or without cause. If
available, vacancies shall be filled from the alternate positions. A board member who
misses two (2) consecutive meetings shall be deemed to have resigned unless the
absence has been excused by the chairman prior to the meeting. The chairman of the
committee shall notify the city clerk of the member's resignation.
Page 91
3. The alternate member(s) shall be entitled to attend all meetings of the parks and
recreation board and to enter into discussions concerning the business before the board.
If a quorum is not in attendance at the meeting, an alternate member shall then be
counted as a member of the board and participate in all business then and there before
the board and shall be entitled to vote thereon, which vote shall be considered under
those circumstances in the same manner as the vote of any regular member thereof.
4. Members of the parks and recreation board shall receive no salaries for their
services thereon but may receive necessary travel and other expenses while on official
business for the board if funds are available for this purpose.
(Ord. No. 1468, § 1, 9-15-98)
3.07.03 Officers.
The voting members of the parks and recreation board shall elect one (1) of their
members to serve as chairman, one (1) of their members to serve as vice-chairman and
one (1) of their members to serve as secretary. The secretary shall record minutes for
each meeting of the board. The secretary shall keep the original copy of the minutes
and furnish a copy of the minutes to the city clerk. The city council shall provide clerical
and administrative support as may be reasonably required by the parks and recreation
board for the proper performance of its duties.
(Ord. No. 1468, § 1, 9-15-98)
3.07.04 Adoption of rules; record of meetings.
The parks and recreation board shall adopt rules for transaction of its business and shall
keep a record of its meetings which shall include its resolutions, reports, transactions,
findings and determinations, which record shall be a public record. Such records shall be
kept in the office of the city council or such other place designated by the city manager.
(Ord. No. 1468, § 1, 9-15-98)
3.07.05 Reports to city council.
The parks and recreation board may render special reports to the city council as the
board members may deem advisable; provided, however, that the minutes of board
meetings shall be adequate to advise the city council of the board's activity.
(Ord. No. 1468, § 1, 9-15-98)
3.07.06 Voting authority.
All members and alternates, as well as the public, shall have a voice pertaining to the
business brought before the parks and recreation board. Only members are entitled to
vote on all proceedings. Alternates may not vote unless taking the place of an absent
member. Members of the board shall not vote if they have a conflict of interest pursuant
to Florida Statutes.
(Ord. No. 1468, § 1, 9-15-98)
3.07.07 Meeting schedule.
The parks and recreation board shall meet once every ninety (90) days, unless it
determines to meet more frequently. Meetings shall be open to the public pursuant to
section 286.011, Florida Statutes. The date, time, place and the agenda of the meeting
shall be placed by the city clerk in City Hall one (1) week prior to the meeting unless an
emergency exists. All meetings shall be conducted in accordance with Robert's Rules of
Order.
(Ord. No. 1468, § 1, 9-15-98)
Page 92

Most Recent Item May 17, 2016 Regular City

Transcription

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