BY COMMISSIONER _________________

ORDINANCE NO.______



AN ACT TO BE ENTITLED


AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 99-20 AND AMENDING THE PASCO COUNTY LAND DEVELOPMENT CODE, ORDINANCE NO. 89-21, AS AMENDED, SECTION 601, SIGNS, TO CREATE A NEW SECTION 601.21 PROHIBITING THE INSTALLATION, CONSTRUCTION, PLACEMENT, OR ERECTION OF NEW OUTDOOR ADVERTISING SIGNS (BILLBOARDS) IN PASCO COUNTY, PROVIDING FOR REPEALER, SEVERABILITY, INCLUSION IN CODE, AND AN EFFECTIVE DATE; AND PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION OF THE ORDINANCE AT PUBLIC HEARING.

____________________________________________________________________


WHEREAS, the Pasco County Board of County Commissioners adopted Ordinance No. 99-20 on September 28, 1999 relating to the installation, construction, placement, and erection of outdoor advertising signs (billboards) in Pasco County; and

WHEREAS, the Pasco County Board of County Commissioners finds that all existing outdoor advertising signs (billboards) in Pasco County registered and paid registration fees pursuant to Section 1.D. of Ordinance 99-20, and

WHEREAS, the Pasco County Board of County Commissioners, based on information obtained during the registration of existing outdoor advertising signs (billboards), finds that it is no longer necessary to subject existing outdoor advertising signs (billboards) to the requirements of Ordinance 99-20 as it presently exits, and

WHEREAS, the Florida State Legislature has proposed changes to state law which may be inconsistent with certain provisions of Ordinance 99-20 as it presently exists, and

WHEREAS, the Pasco County Board of County Commissioners desires to amend and restate Ordinance 99-20 to remove certain requirements relating to existing outdoor advertising signs (billboards).

NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, that Ordinance No. 99-20 is hereby amended and restated as follows:

SECTION 1.

Section 601, Signs, of Article 600 of the Pasco County Land Development Code, Ordinance No. 89-21, as amended, is hereby amended to create Section 601.21, Outdoor Advertising Signs (Billboards), as follows:

A.

The purpose of this section is hereby set forth as follows:

1.

To promote the health, safety, and welfare of persons within the County by avoiding an environment that encourages visual blight; and

2.

To prohibit the future installation, construction, placement, or erection of new outdoor advertising signs (billboards) which are hereby determined to be detrimental to the aesthetic sense and public health, safety, and general welfare of the citizens of Pasco County.

B.

The installation, construction, placement, or erection of new outdoor advertising signs (billboards) is prohibited in the unincorporated areas of Pasco County.  For purposes of this Section, “new outdoor advertising signs (billboards)” shall be defined as: (1) those outdoor advertising signs (billboards) that have not registered with the County as of the effective date of this Ordinance, or (2) an addition to a registered outdoor advertising sign (billboard) that increases the area of the sign facing by more than ten percent (10%) or increases the height of the outdoor advertising sign (billboard) by more than ten percent (10%), or (3) the reconstruction or relocation of a registered outdoor advertising sign (billboard) to:  (a) a different road, (b) a new location lying outside a 1,320 foot radius from the location of the outdoor advertising sign (billboard) as registered, or (c) a new parcel where such sign would not be permissible pursuant to the County regulations in effect at the time such sign was originally permitted and constructed.  The provisions of this section shall be subject to Section 316 of the Land Development Code relating to variance requests.

SECTION 2.


REPEALER.

Section 601.17 of Article 600 of the Pasco County Land Development Code is hereby repealed.  Section 601.6 of Article 600 of the Pasco County Land Development Code is hereby repealed only to the extent that said Section applies to outdoor advertising signs (billboards). Further, all provisions of the Pasco County Land Development Code, Ordinance No. 89-21, as amended, ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Sections 1.C. and 1.D. of Ordinance 99-20 are hereby repealed in their entirety.  Nothing in this Ordinance shall affect the validity of any of the provisions or requirements of Ordinance 99-20 imposed prior to the effective date of this Ordinance.

SECTION 3.


SEVERABILITY.

It is declared to be the intent of the Board of County Commissioners of Pasco County, Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the remainder of this Ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provisions and shall not be affected by such holding.

SECTION 4.


 INCLUSION IN CODE.

It is the intent of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Pasco County Land Development Code, and that the sections of this Ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions.

SECTION 5.


EFFECTIVE DATE.

A certified copy of this Ordinance shall be filed with the Department of State by the Clerk to the Board within ten (10) days after adoption of this Ordinance, and this Ordinance shall take effect upon filing with the Department of State.

ADOPTED this _____ day of ______________, 2002.



(S E A L)



ATTEST:

BOARD OF COUNTY COMMISSIONERS

OF PASCO COUNTY, FLORIDA




BY:____________________________ 

  BY:_______________________________________

JED PITTMAN, CLERK 

 ANN HILDEBRAND, CHAIRMAN





APPROVED AS TO LEGAL FORM AND SUFFICIENCY

OFFICE OF THE COUNTY ATTORNEY



BY:________________________________________________

COUNTY ATTORNEY




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