This Code shall be entitled the Pasco County Land Development Code and may be referred to herein as this Code. Whenever a reference is made to this Code or any portion thereof, the reference shall apply to all amendments, corrections, and additions heretofore, now, or hereafter made.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

This Code is consistent with the Pasco County Comprehensive Plan. Any amendments to this Code must be consistent with the Comprehensive Plan, in effect at the time of any proposed amendment to this Code. An amendment to this Code is consistent with the Comprehensive Plan if it implements the Goals, Objectives, Policies, and strategies and any vision statement contained in the Comprehensive Plan. No development may be approved unless it is determined that the proposed development is consistent with the Comprehensive Plan.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The BCC is authorized to adopt, by resolution, all necessary fees to administer, implement, and enforce this Code. The said fee resolution may include provisions for consulting assistance as required.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

Pursuant to Article VIII, Section I(f), of the Constitution of the State of Florida; the Local Government Comprehensive Plan and Land Development Act, Chapter 163, Part II, Florida Statutes, as amended; and Chapter 125, Florida Statutes, as amended, the County is authorized and required to adopt this Code consistent with the adopted Pasco County Comprehensive Plan.

This Code consists of certain regulatory and administrative ordinances of the County, codified pursuant to the provisions of Sections 125.66, 125.67, and 125.68, Florida Statutes.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The provisions of this Code shall be construed and implemented to achieve the following intentions and purposes of the Board of County Commissioners (BCC):

A.

To establish the regulations, procedures, and standards for review and approval of all proposed development in the County.

B.

To foster and preserve public health, safety, and welfare and to aid in the harmonious, orderly, and progressive development of the County in accordance with the adopted Comprehensive Plan.

C.

To implement a development review process that is:

1.

Efficient, in terms of time and expense;

2.

Effective, in terms of addressing the natural resource and public facility implications of proposed development;

3.

Equitable, in terms of consistency with regulations and procedures;

4.

Equitable, in terms of preservation of the rights of property owners; and

5.

Equitable, in the consideration of the interests of the citizens of the County.

D.

To implement the Comprehensive Plan.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

Except where otherwise provided for in this Code, the provisions of this Code apply to all land where any portion is within the jurisdiction of unincorporated Pasco County. Notwithstanding the forgoing, this Code, Section 1302.3, School Impact Fees, shall apply throughout the entire incorporated and unincorporated areas of the County. Other provisions of this Code may apply to incorporated areas of the County pursuant to an interlocal agreement between the County and a municipality(ies).

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The provisions of this Code apply to all uses, structures, and development proposed within the County. Where a development approval has been granted for a use, structure, or development, the owner/applicant may proceed with that development approval under the terms of the Code existing at the time of development approval, unless otherwise specified in the text of this Code.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

A.

The uses, structures, and land within the unincorporated area of Pasco County are subject to all other applicable regulations, whether or not such other provisions are specifically referenced in this Code. References to other regulations or provisions of this Code are for the convenience of the reader and are not exhaustive. The lack of a reference or a cross-reference does not exempt a use, structure, development, or land from those regulations or all other applicable provisions of this Code.

B.

If a provision of this Code requires a greater width or size of a yard, court, or other open space; requires a lower building height or fewer number of stories for a building; requires a greater percentage of lot to be left unoccupied; or otherwise imposes higher standards than those required under another statute or local ordinance or regulation, the regulation adopted under this Code controls. If the other statute or local ordinance or regulation imposes higher standards, that statute, ordinance, or regulation controls.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

A.

This Code contains numerous graphics, pictures, illustrations, and drawings in order to assist the reader in understanding and applying this Code. However, to the extent that there is any inconsistency between the text of this Code and any such graphic, picture, illustration, or drawing, the text controls unless otherwise provided in the specific section.

B.

Title and chapter headings and section catch lines in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, or section hereof.

C.

Words as defined herein, whether within individual sections of this Code or as put forth in Appendix A, Definitions, are specifically incorporated herein and made a part of this Code.

D.

All general provisions, terms, phrases, and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the BCC may be fully carried out. Terms used in this Code, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the State for the same terms. Where any provision of this Code imposes greater restrictions upon the use of land than the general provision imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

E.

Where this Code incorporates by reference a provision of another statute, regulation, guideline, or rule, it shall be deemed to be the most recent applicable version.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

A.

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter. Words importing the feminine gender shall be construed to include the masculine and neuter.

B.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing.

C.

Shall, May. The word "shall" is mandatory and not discretionary; "may" is permissive.

D.

Written or in Writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

E.

Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.

F.

Day. The word "day" shall mean a calendar day unless a working day is indicated.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The sections of this Code, insofar as they are substantially the same as legislation previously adopted by the County relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

A.

The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the repealed or amended ordinance took effect.

B.

The repeal or amendment of any ordinance shall not affect any punishment or penalty finalized before the repeal took effect, nor any suit, prosecution, or proceeding pending at the time of the repeal for an offense committed under the repealed or amended ordinance.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

This Code may be amended from time to time in accordance with the procedures and standards set forth in this section. The purpose of this section is not to relieve particular hardships and not to confer special privileges or rights on any person, but only to make adjustments to the text of this Code that are necessary in light of changed conditions or changes in public policy or that are necessary to implement the Comprehensive Plan or to advance the general welfare of the County.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

An amendment to the text of this Code may be initiated by the BCC.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

Public hearings to consider and adopt amendments to this Code shall be duly noticed in accordance with the general procedures and requirements of Section 125.66, Florida Statutes, and other applicable law. Public hearings to enact emergency ordinances to amend the text of this Code need not comply with the notice requirements of Section 304, hereof, so long as they comply with the requirements of Section 125.66(3), Florida Statutes. The Local Planning Agency (LPA) shall hold an advertised public hearing to consider the proposed amendment, provided additional hearings may be held at the option of the LPA. The BCC shall hold an advertised public hearing to consider the proposed amendment, provided additional hearings shall be held when required by applicable law and when at the option of the BCC.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The LPA shall consider the proposed amendment and provide a recommendation to the BCC addressing consistency with the Comprehensive Plan. The LPA may also provide comments, including recommended changes to the proposed amendment and additional issues to be considered. The County Administrator or designee shall forward the recommendation and comments of the LPA, together with any County staff recommendations, to the BCC for consideration in the public hearing or hearings in which the proposed amendment will be considered.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The BCC may:

A.

Determine that the proposed amendment is consistent with the Comprehensive Plan and promotes the public health, safety and welfare and adopt the amendment as proposed, or with such modifications as are necessary ensuring consistency with the Comprehensive Plan and promoting public health, safety and welfare;

B.

Refer the matter back to the LPA for further consideration; or

C.

Determine that the proposed amendment is not consistent with the Comprehensive Plan or does not promote the public health, safety, or welfare and reject the proposed amendment.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

To the extent that any amendment to this Code was adopted after August 1, 2024 and is more restrictive or burdensome to the property owners regulated by such amendment (as compared to the version of the Code that existed prior to August 1, 2024), such amendment shall not apply to the construction, reconstruction, or redevelopment of any property damaged by hurricane(s), until the later of (a) October 2, 2027, or (b) one year after a hurricane, which has resulted in a federal disaster declaration for Pasco County, if the track of the hurricane is within 100 miles of any portion of Pasco County and has made landfall. This exemption, and the limitations of such exemption, also applies to any amendment to a Code-authorized resolution, manual, or written procedure adopted after August 1, 2024, to the extent such amendment is more restrictive or burdensome to property owners regulated by such amendment. This exemption shall not prevent the County from applying the version of the Code, or any Code-authorized resolution, manual, or written procedure, in effect prior to August 1, 2024.

For purposes of this exemption, a "property damaged by hurricane(s)" shall be any parcel that received damage to a structure that is documented in the County's Preliminary Damage Assessment for the hurricane, or that received damage to a structure from a hurricane that can otherwise be verified by the County through other data sources, including, but not limited to, ArcGIS Survey 123, Vexel, or Forerunner.

(Ord. No. 25-41, § 5(Attch. A), 9-16-25)

Any person who violates any provision of this Code may be prosecuted and punished in the manner provided by law under Section 125.69, Florida Statutes; Chapter 162, Part II, Florida Statutes; Section 108.1 of the Pasco County Code of Ordinances; and/or as otherwise specifically provided for elsewhere in this Code. Nothing in this Code shall be construed to prohibit the County from enforcing this Code by any means including, but not limited to, issuance of a citation without warning, a summons, an arrest, an action before an enforcement board or special master, a civil action for injunctive relief, a stop work order, demolition, or by any other matter provided for in Chapter 125, Florida Statutes, or the Pasco County Code of Ordinances. Each violation of this Code shall be a separate offense. Each day that the violation continues shall constitute a separate violation. All costs for enforcement, prosecution, and judicial review may be assessed against the violator of the provisions of this Code on finding by the court that the violations have occurred.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The owner, tenant, or occupant of any land or structure or part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code, or any person otherwise responsible as provided elsewhere in this Code, may be held responsible for the violation and be subject to the penalties and remedies provided for in this Code.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The BCC or any aggrieved person may resort to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this Code, including injunctive relief to enjoin and restrain any person violating the said provisions. The County may elect any or all of the available remedies concurrently and the pursuance of one shall not preclude the pursuance of another. The County Attorney is hereby authorized to take whatever legal action is necessary to prevent, abate, or correct violations of this Code.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

Any law enforcement official, County Code Enforcement Officer, and the County Administrator or designee is hereby designated as a "Code Enforcement Officer" authorized to issue citations for the County.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

County officials authorized to issue development approvals including, but not limited to, Building Permits and Certificates of Occupancy, may withhold such approvals from any person found to be in violation of this Code or in violation of any prior, unexpired, development approval issued in accordance with the provisions of this Code. Such pending development approvals and/or permits may be withheld until compliance with this Code or the development approval occurs. However, any person aggrieved by a decision to withhold a pending development approval and/or permit may appeal such decision to the Planning Commission, pursuant to Section 407.1.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

It shall not be a defense to or grounds for dismissal of any action for damages and civil penalties that the County has failed to exhaust its administrative remedies, has failed to serve a notice of violation, or has failed to hold an administrative hearing prior to the institution of a civil action, or that criminal proceedings or other enforcement proceedings are pending. The failure of the County to enforce any requirements of this Code shall not constitute a waiver of the County's right to enforce this Code with respect to that violation or subsequent violations of the same type or to pursue other remedies.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The County's Uniform Fine Schedule, as provided for in Sections 108.1—108.11 of the Pasco County Code of Ordinances and as may be amended, is incorporated herein.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

In the event a violation of this Code or a permit creates an immediate health hazard or threatens immediate, serious damage to the public health or threatens or causes irreparable injury or damage to aquatic life or property, the County Administrator or designee shall have the power and authority to order immediate cessation of the activities causing such conditions. Any person receiving such an order for immediate cessation of operations shall immediately comply with the requirements thereof. It shall be unlawful for any person to fail or refuse to comply with an order for immediate cessation issued and served under the provisions of this Code. The failure of a permittee or any other appropriate party to comply with an order for immediate cessation issued under this Code or with any requirements, measures, or steps imposed upon the violator through such an order shall be unlawful and shall constitute a violation of this Code.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

Any person violating the provision of this Code and causing damage, destruction, or unsafe, dangerous, or unhealthful conditions shall be responsible for:

A.

Correcting such conditions.

B.

Repairing damage to or replacing destroyed County, public, or County- maintained property.

C.

Reimbursing the County for the cost of correcting such conditions, repairing, or replacing County or publicly owned or maintained property, where such correction, repair, or replacement by the County is required, provided that prior to undertaking repair or replacement, the County may first make:

1.

Demand upon a person responsible for such adverse conditions, damage, or destruction to make appropriate corrections, repairs, or replacement.

2.

If such demand is made, the responsible person shall take such action within a reasonable time as determined by the County, based upon the circumstances giving rise to the demand.

D.

Indemnifying the County for any liability for damages caused by such violation or violations.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

Any person failing to implement or carry out development in accordance with this Code or other applicable regulations or approved plans, development permits, applications, conditions, or standards shall be responsible for correcting, repairing, or replacing materials, property, or conditions in order to bring the development into conformity with such regulations, this Code, plans, development permits, applications, conditions, or standards. Any such person shall be deemed in violation of this Code.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

Enforcement of any setback or height restrictions set forth in this Code, Chapter 500, Zoning and Section 1003, Gates, Fences, and Walls, shall be barred if enforcement; e.g., notice of violation, citation, complaint, lawsuit, etc., of such violation has not been initiated within one year of the date the violation occurs. This exemption shall not apply to violations involving recreational vehicles, nor to buildings or structures built or placed without required building or zoning permits and/or inspections after January 1, 1995, nor to buildings or structures built or placed upon easements where structures would otherwise be prohibited.

(Ord. No. 25-28, § 4 (Exh. A), 5-20-25)

The following acts and omissions constitute a violation of this Code:

A.

Failing to observe any requirements of this Code.

B.

Failing to perform any act required by this Code.

C.

Failing to perform any act required by this Code in the manner or within the time specified for performance.

D.

Performing an act prohibited by this Code.

E.

Failing to observe any condition of any permit or approval.

F.

Failing to pay required fees.

G.

Failing to comply with a recorded deed restriction that was utilized to secure a county development approval or county mobility fee or impact fee exemption, waiver, or reduction.

(Ord. No. 24-04, § 5(Att. A), 1-9-24; Ord. No. 25-28, § 4 (Exh. A), 5-20-25)