On the agenda: Port Richey meeting — License Plate Reader (Feb 10)

1. Meeting Materials
Documents:
02.10.26 CITY COUNCIL REGULAR MEETING AGENDA.PDF
02.10.26 CITY COUNCIL REGULAR MEETING AGENDA COVER PAGE.PDF

City Council Meeting
Tuesday, February 10, 2026, at 6:00 PM
TO THE MEMBERS OF THE CITY COUNCIL OF PORT RICHEY, FLORIDA
TO THE CITY MANAGER, CITY CLERK, DEPARTMENT HEADS, AND CITY ATTORNEY OF SAID CITY

Notice is hereby given that a regular meeting of the City Council of Port Richey, Florida, will be
held at 6:00 PM on February 10, 2026, at City Hall, 6333 Ridge Road, Port Richey, Florida.
Public participation is encouraged. If you are addressing the Council, step to the podium and
state your name and address for the record. Please limit your general comments to three (3)
minutes. For comments on action items, please limit comments to three (3) minutes on the
current topic. Please limit your conversations while sitting in the audience during Council
business and silence your cell phones so as not to interfere with everyone's ability to hear the
comments of both the public and the Council.

CALL TO ORDER - Mayor John Eric Hoover
INVOCATION
PLEDGE OF ALLEGIANCE - Mayor John Eric Hoover
ROLL CALL – Ashlee McDonough, City Clerk
PROCLAMATIONS
APPROVE MINUTES
COMMENTS FROM THE GENERAL PUBLIC
COMMENTS FROM THE CITY MANAGER
COMMENTS FROM BOARDS & COMMITTEES
CONSENT AGENDA
1. 02.10.2026 Consent Agenda

City Council Meeting
Agenda

1

PUBLIC HEARINGS
2. Second Reading of Ordinance No.26-742, Amending Section 10-318, Article III, Chapter 109 of the
Land Development Code to Repeal More Restrictive Requirements
3. Second Reading of Ordinance No.26-743, Amending Chapter 109, Article III, Division 5 of the City
of Port Richey Land Development Code to remove language allowing the use of temporary shelters
pursuant to Section 163.0335, Florida Statutes, and amending Chapter 12, Article III, Section 12-47,
to add language allowing the use of temporary shelters pursuant to Section 163.035, Florida Statutes
COUNCIL BUSINESS
4. First Reading of Ordinance No.26-740, City of Port Richey Code 101-11 (Definitions) and Chapter
121 (Signs)
5. First Reading of Ordinance No.26-741, Amending Chapter 127, Article III, Section 127-55 of the
Port Richey Code
6. Mutual Aid Agreement – Regional Child Abduction Response Team
7. Local Law Enforcement Immigration Grant Award
OLD BUSINESS
8. Discussion of Old Business
COMMENTS FROM THE MAYOR & CITY COUNCIL
ADJOURN
If a person decides to appeal any decision made by a board or Council with respect to any matter considered at a meeting or hearing, he or she will need a
record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. Any person with a disability requiring reasonable accommodation to attend this meeting should call 727-816-1900 Ext. 175
or fax a written request to 727-816-1916 with a twenty-four (24) hour notice.

City Council Meeting
Agenda

2

File Attachments for Item:

1. 02.10.2026 Consent Agenda

3

Consent Agenda for February 10, 2026 Council Meeting
Payment
Invoice Date
Description
Amount
1/31/2026 $ 24,156.08 American Traffic Solutions - Red Light Cameras
1/26/2026 $ 11,869.00 Dept of Revenue - Traffic Fines (1/17-1/23)

Account
1-19-331
1-19-334

Original Budget
$
300,000.00 $
$
750,000.00 $

YTD
Remaining Budget
89,575.68 $
210,424.32
183,808.00 $
566,192.00

4

File Attachments for Item:

2. Second Reading of Ordinance No.26-742, Amending Section 10-318, Article III,

Chapter 109 of the Land Development Code to Repeal More Restrictive
Requirements

5

City of Port Richey – City Council Regular Meeting
ITEM NUMBER: 2

DATE: 02.10.2026

SUBJECT: Second Reading of Ordinance No.26-742, Amending Section 10-318, Article III,
Chapter 109 of the Land Development Code to Repeal More Restrictive Requirements
AGENDA SECTION: Council Business
PREPARED BY: City Manager, Don A. King Jr. / Operations Manager, Sal Licari
RECOMMENDED ACTION:
Motion to approve the second reading of Ordinance No.26-742.
BACKGROUND SUMMARY:
The City of Port Richey participates in the National Flood Insurance Program (NFIP) and the
NFIP Community Rating System, which encourages floodplain management practices that
exceed minimum federal requirements. On March 11, 2025, the City Council adopted Ordinance
No. 25-711, amending the Land Development Code to impose more restrictive floodplain-related
building standards, including increased minimum building elevations and enhanced requirements
for the anchoring and elevation of replacement equipment, in support of continued participation
in the Community Rating System.
Subsequent to the adoption of those amendments, the Florida Legislature enacted Senate Bill
180, effective July 1, 2025, which prohibits municipalities located in counties included in
specified federal disaster declarations from proposing or adopting more restrictive or
burdensome amendments to their comprehensive plans or land development regulations prior to
October 1, 2027. This prohibition applies retroactively to August 1, 2024. Pasco County was
included in the applicable federal disaster declarations, and the City of Port Richey is therefore
subject to the preemption established by SB 180.
Ordinance No.26-742 amends Section 109-318 of the Land Development Code to repeal the
more restrictive requirements adopted in March 2025 that are inconsistent with SB 180, while
retaining allowable Florida Building Code provisions related to flood hazard areas. Adoption of
this ordinance will bring the City’s Land Development Code into compliance with state law.
FISCAL IMPACT/COST/REVENUE STATEMENT:
No fiscal impact.

Page 1 of 2

City Council Regular Meeting
6

RECOMMENDED MOTION:
Moved by Council Member ________, seconded by Council Member ________ to approve the
second reading of Ordinance No.26-742, Amending Section 10-318, Article III, Chapter 109 of
the Land Development Code to Repeal More Restrictive Requirements
ATTACHMENTS:
Ordinance No.26-742
Business Impact Statement
Notice of Public Hearing

Page 2 of 2

City Council Regular Meeting
7

ORDINANCE NO.26-742
AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA, AMENDING
SECTION 109-318, ARTICLE III, DIVISION 1, CHAPTER 109 OF THE LAND
DEVELOPMENT CODE TO REPEAL MORE RESTRICTIVE REQUIREMENTS
ADOPTED BY THE CITY COUNCIL OF PORT RICHEY PRIOR TO THE PASSAGE
OF SB 180; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Port Richey participates in the National Flood Insurance
Program ("NFIP") and participates in the NFIP's Community Rating System, a voluntary
incentive program that recognizes and encourages community floodplain management
activities that exceed the minimum program requirements; and
WHEREAS, Chapter 553, Florida Statutes, allows for local administrative and
technical amendments to the Florida Building Code that provides for more stringent
requirements than those specified in the Florida Building Code and allows the adoption
of local administrative and local technical amendments to the Florida Building Code to
implement the National Flood Insurance Program and incentives, and
WHEREAS, on March 11, 2025, in Ordinance No. 25- 711 the City Council for the
City of Port Richey adopted more restrictive requirements in its Land Development Code
to (1) increase the minimum building elevations for residential and non-residential
buildings to base flood elevation plus 3 feet, whichever is higher and (2) require
anchoring and elevation of replacement equipment; for the purpose of participating in
the National Flood Insurance Program's Community Rating System; and
WHEREAS, effective July 1, 2025, Florida Senate Bill 180 prohibits a municipality
located in a county listed in the Federal Disaster Declaration for Hurricane Debby (DR4806), Hurricane Helene (DR-4828), or Hurricane Milton (DR-4834) from proposing or
adopting more restrictive or burdensome amendments to its comprehensive plan or land
development regulations before October 1, 2027; and
WHEREAS, the preemption applied retroactively to August 1, 2024; and
WHEREAS, Pasco County was listed in the Federal Disaster Declaration for
Hurricane Debby (DR-4806), Hurricane Helene (DR-4828), and Hurricane Milton (DR4834); and

8

WHEREAS, the City of Port Richey is located in Pasco County and adopted the
more stringent amendments on March 11, 2025, contrary to SB 180; and
WHEREAS, the City Council for the City of Port Richey wishes to remove those
more stringent requirements in order to comply with SB 180.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT RICHEY, FLORIDA, AS FOLLOWS:
Section I.
Section 109-318, Division 1, Article III, Chapter 109 of the Land
Development Code of the City of Port Richey's Code of Ordinances shall be amended to
read as follows:
Sec. 109-318. Florida Building Code amendments.
(a)

.0.4inimum bui.ldinf} elevations.
(1 )

The minimum elevation for non residential buildings shall be as specified in J\SCE 24 or the base flood
ele1�ation plus three feet, whichever is higher.

(2)

The minimum elevation for residential buildings shall be the base flood elei.•ation plus three feet.

(1.b)

Coastal A Zone.
(_9.-!) Buildings within the scope of the Florida Building Code, Buildings, that are located in Coastal A Zones
shall not be permitted to be dry flood proofed and shall not be permitted to have backfilled stem wall
foundations.
(.t!1) Dwellings within the scope of the Florida Building Code, Residential, that are located in Coastal A Zones
shall not be permitted to have backfilled stem wall foundations.

(Je) Foundation design requirements for one- and two-family dwellings. Construction documents for one- and two­
family dwellings in the flood hazard areas shall include documentation, prepared and sealed by a registered design
professional, that the foundation design accounts for site-specific flood loads.
(Jd) Enclosures below required elevations for buildings and dwellings in flood hazard area. Enclosed areas below
the required elevation for buildings and dwellings in flood hazard areas shall be limited as follows:
(_9.-!) The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms
except for stairwells, ramps, and elevators, unless a partition is required by the fire code.
(h1) Where perimeter walls are permitted, the limitation on partitions does not apply to load bearing walls
interior to perimeter wall (crawlspace) foundations.
(e) Replaced mechanical, plumbing and electrical systems shall:
(1 )

Be anchored in place.

(2)

Be elevated to or above the required elevation for buildings and buildings in flood hazard areas or at
least three feet above grade, whichever is higher.

9

Section II. If any section, subsection, sentence, clause, provision, or word of this

Ordinance is held unconstitutional or otherwise legally invalid, same shall be severable
and the remainder of this Ordinance shall not be affected by such invalidity, such that
any remainder of the Ordinance shall withstand and survive any severed provision, as
the City Council would have adopted the Ordinance even absent the invalid part.
Section III. For purposes of codification of the City of Port Richey Code of

Ordinances words underlined represent new text or additions to the original text, words
stricken are deletions from the original text, and words neither underlined nor stricken

remain unchanged.
Section IV. The Codifier shall codify the substantive amendments to the City of Port

Richey Code of Ordinances as contained in Section I of this Ordinance as provided for
therein and shall not codify the exordial clauses nor any other sections not designated for
codification.
Section V. Pursuant to § 166.041 (5), Fla. Stat., this Ordinance shall take effect

immediately upon adoption.
The foregoing Ordinance No. 26-742 was read and passed on its first reading in an open
and regular meeting of the City Council of Port Richey, Florida, this 27th day of January,
2026.
CITY OF PO
EY
�
John Eric Hoover, Mayor

10

The foregoing Ordinance No. 26-742 was read and passed on its second reading in an
open and regular meeting of the City Council of the City of Port Richey, Florida this 10 th
day of February, 2026.
Attest:

CITY OF PORT RICHEY

Ashlee McDonough, City Clerk

John Eric Hoover, Mayor

Approved as to form:
Nancy Meyer, City Attorney

11

Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed ordinance is to
be considered and must be posted on the City’s website by the time notice of the proposed ordinance is
published.

Proposed ordinance’s title/reference:
ORDINANCE NO. 26-742
AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA, AMENDING SECTION
109-318, ARTICLE III, DIVISION 1, CHAPTER 109 OF THE LAND DEVELOPMENT
CODE TO REPEAL MORE STRINGENT REQUIREMENTS ADOPTED BY CITY
COUNCIL OF PORT RICHEY PRIOR TO THE PASSAGE OF SB 180; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN
EFFECTIVE DATE.

This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes.
If one or more boxes are checked below, this means the City is of the view that a business impact
estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless,
providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could
impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised
following its initial posting.
X
☐
☐
☐
☐
☐
☐

1

The proposed ordinance is required for compliance with Federal or State law or regulation;
The proposed ordinance relates to the issuance or refinancing of debt;
The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant or other financial assistance
accepted by the municipal government;
The proposed ordinance is an emergency ordinance;
The ordinance relates to procurement; or
The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in Florida
Statutes § 163.3164, and development agreements, as authorized by the Florida Local
Government Development Agreement Act under Florida Statutes § 163.3220163.3243;
b. Comprehensive plan amendments and land development regulation amendments
initiated by an application by a private party other than the City;

See Section 166.041(4)(c), Florida Statutes.

12

c.

Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:

1. Summary of the proposed ordinance (must include a statement of the public purpose, such as
serving the public health, safety, morals and welfare):
The proposed ordinance will remove more stringent requirements the City added to its Land
Development Code prior to the passage of SB 180 but preempted by SB 180.

2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit
businesses in the Town, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be
financially responsible; and
(c) An estimate of the Town’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: City staff solicited comments from businesses in the City as to the
potential impact of the proposed ordinance by contacting the chamber of commerce, social media
posting, direct mail or direct email, posting on the City’s website, public workshop, etc. You may
also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also
wish to state here that the proposed ordinance is a generally applicable ordinance that applies to
all persons similarly situated (individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
N/A

13

14

File Attachments for Item:

3. Second Reading of Ordinance No.26-743, Amending Chapter 109, Article III,

Division 5 of the City of Port Richey Land Development Code to remove language
allowing the use of temporary shelters pursuant to Section 163.0335, Florida
Statutes, and amending Chapter 12, Article III, Section 12-47, to add language
allowing the use of temporary shelters pursuant to Section 163.035, Florida
Statutes

15

City of Port Richey – City Council Regular Meeting
ITEM NUMBER: 3

DATE: 02.10.2026

SUBJECT: Second Reading of Ordinance No.26-743, Amending Chapter 109, Article III,
Division 5 of the City of Port Richey Land Development Code to remove language allowing
the use of temporary shelters pursuant to Section 163.0335, Florida Statutes, and amending
Chapter 12, Article III, Section 12-47, to add language allowing the use of temporary
shelters pursuant to Section 163.035, Florida Statutes
AGENDA SECTION: Council Business
PREPARED BY: City Manager, Don A. King Jr. / Operations Manager, Sal Licari
RECOMMENDED ACTION:
Motion to approve the second reading of Ordinance No.26-743.
BACKGROUND SUMMARY:
In July 2023, the State of Florida enacted section 166.0335, Florida Statutes, requiring
municipalities to allow the use of temporary shelters on residential properties following a
gubernatorial declaration of a state of emergency for a natural disaster, provided certain statutory
conditions are met. On March 11, 2025, the City Council adopted Ordinance No. 25-711, which
codified these requirements within Chapter 109 of the City’s Land Development Code.
Upon further review, staff determined that the statutory provisions governing temporary shelters
apply citywide and are not limited to flood hazard areas regulated under the Land Development
Code. This ordinance proposes removing the temporary shelter language from Chapter 109 and
relocating it to Chapter 12 of the City Code, which addresses emergency management powers
and responsibilities. The amendment aligns the City’s Code with state law, clarifies
administrative authority during declared emergencies, and ensures consistent, citywide
application of temporary shelter regulations while maintaining compliance with FEMA
standards.
FISCAL IMPACT/COST/REVENUE STATEMENT:
No fiscal impact.
RECOMMENDED MOTION:
Moved by Council Member ________, seconded by Council Member ________ to approve the
second reading of Ordinance No.26-743, Amending Chapter 109, Article III, Division 5 of the
City of Port Richey Land Development Code to remove language allowing the use of temporary
shelters pursuant to Section 163.0335, Florida Statutes, and amending Chapter 12, Article III,
Section 12-47, to add language allowing the use of temporary shelters pursuant to Section
163.0035, Florida Statutes.
Page 1 of 2

City Council Regular Meeting
16

ATTACHMENTS:
Ordinance No.26-743
Business Impact Statement

Page 2 of 2

City Council Regular Meeting
17

ORDINANCE NO.26-743
AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA AMENDING
CHAPTER 109, ARTICLE III , DIVISION 5 OF THE CITY OF PORT RICHEY LAND
DEVELOPMENT CODE TO REMOVE LANGUAGE ALLOWING THE USE OF
TEMPORARY SHELTERS PURSUANT TO SECTION 163.0335, FLORIDA
STATUTES, AND AMENDING CHAPTER 12, ARTICLE III, SECTION12-47 OF THE
CITY OF PORT RICHEY CODE OF ORDINANCES, TO ADD LANGUAGE
ALLOWING THE USE OF TEMPORARY SHELTERS PURSUANT TO SECTION
163.0335, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, PROVIDING
FOR CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, effective July 1, 2023, § 166.0335, Florida Statutes, requires the city to
allow temporary shelters on residential properties after the Governor declares a state of
emergency for a natural emergency as defined in § 252.34(8), Florida Statutes, when
certain conditions are met; and
WHEREAS, on March 11, 2025, the City Council for the City of Port Richey
adopted Ordinance 25-711, adding language to its Land Development Code codifying§
166.0335, Florida Statutes; and
WHEREAS, upon further evaluation, the codification of § 166.0335, Florida
Statutes, is more appropriately placed in the City of Port Richey Code of Ordinances as§
166.0335, Florida Statutes, applies city-wide not just in the city's mapped floodplains.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT RICHEY, FLORIDA, AS FOLLOWS:
Section I.
Chapter 109, Article III, Division 5 of the Land Development Code
of the City of Port Richey Code of Ordinances shall be amended to read as follows:

DIVISION 5. RECREATIONAL VEHICLES AND PARK TRAILERS
Sec.109-424. Temporary placement.

Recreational vehicles and park trailers placed temporarily in flood hazard areas after
the city declares a local state of emergency pursuant to the city's code of ordinance shall
be compliant with FEMA guidelines, which at this time, require the recreational vehicles
and park trailers to:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or a jacking system, is attached to the site
only by quick- disconnect type utilities and security devices, and has no
permanent attachments such as additions, rooms, stairs, decks and porches.

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In the event FEMA adopts new guidelines modifying the guidelines set forth within
this Code; any newly-adopted FEMA guidelines supersede the guidelines contained
within this Code.
Sec. 109 425. Declaration of state of emergency by governor.
\t\/hen the governor declares a state of emergency for a natural emergency as defined
in F.S. § 252.34(8), during which a permanent residential structure ·was damaged and
rendered uninhabitable temporary shelters as defined in F.S. § 166.0335, may be used on
residential property for up to 36 months after the date of the declaration or until a
certificate of occupancy is issued on the permanent residential structure on the property,
'Nhichever occurs first, if all of the follo ing circumstances apply:
1N

(1) The resident makes a good faith effort to rebuild or renovate the damaged
permanent residential structure, including, but not limited to, applying for a
building permit, submitting a plan or design to the city, or obtaining a
construction loan.
(2) The temporary shelter is connected to water and electric utilities and does not
present a threat to health and human safety.
(3) The resident lives in the temporary shelter.
Sec. 109-42�6. Permanent placement.
Permanent placement of recreational vehicles and park trailers is not permitted.
Secs. 109-42�-109-448. Reserved.
Section II. Chapter 12, Article III, Section 12-47 shall be amended to read as
follows:
Sec. 12-47. Powers, duties and responsibilities.
(a) The city manager shall be the director of emergency management, and shall have the
following powers, duties and responsibilities:
(1) To declare a state of local emergency and to inform the mayor and city council
of the reasons for and status of events requiring the declaration;
(2) To direct the creation, revisions and exercise of emergency response plans
conforming to state and county emergency plans for the mitigation of
preparation for, response to, and recovery emergencies or disasters;
(3) To direct the efforts of the emergency manager in the preparation for, response
to, and recovery from emergency conditions;

19

(4) To recommend a budget to the city council for the creation and maintenance of
an emergency response capability as provided herein;
(5) To promulgate emergency regulations necessary for the protection of life and
property, establishment of public order, and control of adverse conditions
affecting public welfare resulting from an emergency or disaster;
(6) To establish and designate a public information office to develop and coordinate
a city emergency awareness program;
(7) To designate a public information office to develop and coordinate a city
emergency awareness program.
.(fil_ When the Governor declares a state of emergency for a natural emergency as
defined in s. 252.34(8), Fla. Stat., during which a permanent -residential structure
was damaged and rendered uninhabitable, to authorize issuance of a temporary
structure permit to owners of residential properties for temporary shelters as
defined in s. 166.0335, Fla. Stat.
The temporary structure may be used on residential property for up to 36 months
after the date of the declaration or until a certificate of occupancy is issued on the
permanent residential structure on the property, whichever occurs first, if all the
following circumstances apply:
(a) The resident makes a good faith effort to rebuild or renovate the damaged
permanent residential structure, including, but not limited to, applying for a
building permit, submitting a plan or design to the city, or obtaining a
construction loan.
(b) The temporary shelter is connected to water and electric utilities and does not
present a threat to health and human safety.
(c) The resident lives in the temporary shelter.
(b) The police chief shall be the emergency manager, and shall have the following
responsibilities and duties:
(1) To direct the development and maintenance of the city's emergency plans,
including annual revisions;
(2) To direct the development of a city emergency operations center (EOC) to
include equipment, staffing, and operational procedures necessary for the
management and control of emergency conditions;
(3) To provide and coordinate a city training program in emergency response and
management.

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(c) The emergency management planning team, comprised of city department heads,
shall have the following responsibilities and duties:
(1) To function as part of the EOC during an emergency or state of local emergency;
(2) To assist in the creation, revision, and exercise of emergency operations plans.
Section III. If any section, subsection, sentence, clause, provision, or word of this
Ordinance is held unconstitutional or otherwise legally invalid, same shall be severable
and the remainder of this Ordinance shall not be affected by such invalidity, such that
any remainder of the Ordinance shall withstand and survive any severed provision, as
the City Council would have adopted the Ordinance even absent the invalid part.
Section IV. For purposes of codification of the City of Port Richey Code of
Ordinances words underlined represent new text or additions to the original text, words
stFicken are deletions from the original text, and words neither underlined nor stricken
remain unchanged.
Section V. The Codifier shall codify the substantive amendments to the City of
Port Richey Code of Ordinances as contained in Section I and Section II of this Ordinance
as provided for therein and shall not codify the exordial clauses nor any other sections
not designated for codification.
Section VI. Pursuant to § 166.041 (5), Fla. Stat., this Ordinance shall take effect
immediately upon adoption.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURES ON THE FOLLOWING PAGE]

21

The foregoing Ordinance No. 26-743 was read and passed on its first reading in an open
and regular meeting of the City Council of Port Richey, Florida, this 27th day of January,
2026.

The foregoing Ordinance No. 26-743 was read and passed on its second reading in an
open and regular meeting of the City Council of the City of Port Richey, Florida this 10th
day of February, 2026.
Attest:

CITY OF PORT RICHEY

Ashlee McDonough, City Clerk

John Eric Hoover, Mayor

Approved as to form:
Nancy Meyer, City Attorney

22

Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed ordinance is to
be considered and must be posted on the City’s website by the time notice of the proposed ordinance is
published.

Proposed ordinance’s title/reference:
ORDINANCE NO. 26-743
AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA, AMENDING SECTION
CHAPTER 109, ARTICLE III, DIVISION 5 OF THE CITY OF PORT RICHEY LAND
DEVELOPMENT CODE TO REMOVE MORE LANGUAGE ALLOWING THE USE OF
TEMPORARY SHELTERS PURSUANT TO SECTION 163.0335, FLORIDA STATUTES,
AND AMENDING CHAPTER 12, ARTICLE III, SECTION 12-47 OF THE CITY OF
PORT RICHEY CODE OF ORDINANCES, TO ADD LANGUAGE ALLOWING THE
USE OF TEMPORARY SHELTERS PURSUANT TO SECTION 163.0335, FLORIDA
STATUTES, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION,
AND PROVIDING FOR AN EFFECTIVE DATE.

This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes.
If one or more boxes are checked below, this means the City is of the view that a business impact
estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless,
providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could
impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised
following its initial posting.
X
☐
☐
☐
☐
☐
☐

1

The proposed ordinance is required for compliance with Federal or State law or regulation;
The proposed ordinance relates to the issuance or refinancing of debt;
The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant or other financial assistance
accepted by the municipal government;
The proposed ordinance is an emergency ordinance;
The ordinance relates to procurement; or
The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in Florida
Statutes § 163.3164, and development agreements, as authorized by the Florida Local
Government Development Agreement Act under Florida Statutes § 163.3220163.3243;

See Section 166.041(4)(c), Florida Statutes.

23

b.

Comprehensive plan amendments and land development regulation amendments
initiated by an application by a private party other than the City;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:

1. Summary of the proposed ordinance (must include a statement of the public purpose, such as
serving the public health, safety, morals and welfare):
The proposed ordinance will relocate language allowing temporary shelters pursuant to
Section 163.0335, Florida Statutes, from the City’s Land Development Code to the City’s
Code of Ordinances.

2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit
businesses in the Town, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be
financially responsible; and
(c) An estimate of the Town’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None.
4. Additional information the governing body deems useful (if any):

24

[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: City staff solicited comments from businesses in the City as to the
potential impact of the proposed ordinance by contacting the chamber of commerce, social media
posting, direct mail or direct email, posting on the City’s website, public workshop, etc. You may
also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also
wish to state here that the proposed ordinance is a generally applicable ordinance that applies to
all persons similarly situated (individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
N/A

25

File Attachments for Item:

4. First Reading of Ordinance No.26-740, City of Port Richey Code 101-11

(Definitions) and Chapter 121 (Signs)

26

City of Port Richey – City Council Regular Meeting
ITEM NUMBER: 4

DATE: 02.10.2026

SUBJECT: First Reading of Ordinance No.26-740, City of Port Richey Code 101-11
(Definitions) and Chapter 121 (Signs)
AGENDA SECTION: Council Business
PREPARED BY: Andrew Butterfield, Interim City Manager, Nancy Meyer, City Attorney
RECOMMENDED ACTION:
Motion to approve the first reading of Ordinance No.26-740.
BACKGROUND SUMMARY:
The City of Port Richey is presenting Ordinance No. 26-740 for first reading, which proposes
amendments to City of Port Richey Code Section 101-11 (Definitions) and Chapter 121 (Signs).
The proposed ordinance seeks to update and clarify the definitions section of the City Code to
ensure consistency and accuracy in the application of various municipal regulations. In addition,
revisions to Chapter 121 are intended to modernize the City’s sign regulations, address emerging
signage technologies, and improve the overall appearance and safety of signage throughout Port
Richey.
These updates were developed with input from the City Council, City Attorney, and city staff
and, where relevant, consultation with legal counsel and public stakeholders. The changes are designed to reflect current best practices, comply with applicable state and federal laws, and respond to the evolving needs of the community and local businesses.
Approval of the first reading of Ordinance No. 26-740 will initiate the formal legislative process
required for adopting amendments to the City Code. Should the ordinance be approved at first
reading, it will proceed to a second reading and public hearing, offering further opportunity for
Council and community input before final adoption.
FISCAL IMPACT/COST/REVENUE STATEMENT:
None currently.
RECOMMENDED MOTION:
Moved by Council Member ________, seconded by Council Member ________ to approve the
first reading of Ordinance No.26-740.
ATTACHMENTS:
Sign Code Ordinance No.26-740
BIS
Page 1 of 1

City Council Regular Meeting
27

ORDINANCE NO. 26-740
AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA,
AMENDING CITY CODE § 101-11 (DEFINITIONS) AND
CHAPTER 121 (SIGNS) TO REMOVE OR REVISE OUTDATED
OR
PREEMPTED
PROVISIONS
AND
TO
ENSURE
COMPLIANCE WITH PREVAILING FIRST AMENDMENT
CASELAW; TO PROVIDE FOR ADDITIONAL DEFINITIONS
RELATED TO SIGNS; TO REORGANIZE SECTIONS OF THE
CHAPTER FOR CLARITY AND CONSISTENCY; MAKING
RELATED FINDINGS; PROVIDING FOR CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Port Richey’s current sign regulations, which are codified in
Chapter 121 of the City Code, were last revised nineteen years ago; and
WHEREAS, the City Council (the Council) has determined that the many changes in
statutory and common law surrounding signs which occurred in the ensuing decades require the
adoption of more comprehensive sign regulations; and
WHEREAS, Florida Statutes § 163.3164 (26) provides that sign regulations are land
development regulations and Florida Statutes § 163.3202(2)(f) require the City’s land development
regulations to specifically set forth regulations concerning signage; and
WHEREAS, the purpose, intent and scope of the City’s signage standards and regulations
should be detailed so as to further describe the beneficial aesthetic and other effects of the City’s
sign standards and regulations, and to reaffirm that the sign standards and regulations are
concerned with the secondary effects of speech, and not designed to censor speech or regulate the
viewpoint of the speaker; and
WHEREAS, to ensure content neutrality, the City’s limitations on the size (area), height,
number, spacing, and setback of signs adopted herein are based upon sign types, not content; and
WHEREAS, the City’s limitations on various types of signs are related to their context
within the zoning districts for the parcels and properties on which they are located; and
WHEREAS, the City finds that various signs that serve as signage for particular land uses,
such as hotel and apartment signs, are based upon content-neutral 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 that it is appropriate to take into account the City’s zoning
districts when determining the appropriate size, number, and nature of certain sign types; and

28

WHEREAS, the City finds that the sign standards and regulations adopted in this
Ordinance allow adequate alternative means of communications for both non-commercial and
commercial speech; and
WHEREAS, the sign standards adopted in this Ordinance allow and leave open such
alternative means of speech as advertising and communications via newspaper, social media,
website, targeted texts, physical pamphlets distributed by hand or mail, physical and web-based
business directories, over-the-air television and streaming services, radio, direct mail, and other
avenues of communication available in the City of Port Richey; and
WHEREAS, the City finds that the provisions of this Ordinance are consistent with all
applicable policies of the City of Port Richey’s adopted Comprehensive Plan; and
WHEREAS, the City finds that the provisions of this Ordinance are consistent with the
public interests to be served by this municipal government; and
WHEREAS, the amendments to the current City Code contained in this Ordinance will
not result in incompatible land uses; and
WHEREAS, the City recognizes that under established Supreme Court precedent, a law
that is content based is subject to strict scrutiny under the First Amendment of the U.S.
Constitution, and such law must therefore satisfy a compelling governmental interest; and
WHEREAS, the City recognizes that under established Supreme Court precedent, a
compelling government interest is a higher burden than a substantial or significant governmental
interest; and
WHEREAS, the City recognizes that under established Supreme Court precedent,
aesthetics is not a compelling governmental interest but is a substantial governmental interest; and
WHEREAS, the City recognizes that until 2015, federal court opinions were not clear as
to what constituted a content-based law as distinguished from a content-neutral law; and
WHEREAS, this question was clarified in Reed v. Town of Gilbert, Ariz., 576 U.S. 155,
135 S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015), wherein the United States Supreme Court, in an
opinion authored by Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito,
Kennedy and Sotomayor, addressed the constitutionality of a local sign ordinance that had
different criteria for different types of temporary noncommercial signs; and
WHEREAS, the City recognizes that in Reed, the Supreme Court held that content-based
regulation is presumptively unconstitutional and requires a compelling governmental interest; and
WHEREAS, Reed held 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; and

29

WHEREAS, the City recognizes that in Reed, the Supreme Court held that even 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, so that a category for directional signs is therefore contentbased, and event-based regulations are not content neutral; and
WHEREAS, the City recognizes that in Reed, the Supreme Court held that if a sign
regulation on its face is content-based, neither its purpose, nor function, nor justification matter,
and the sign regulation is therefore subject to strict scrutiny and must serve a compelling
governmental interest; and
WHEREAS, the City recognizes that in Reed, Justice Alito in a concurring opinion,
clarified that municipalities still have the power to enact and enforce reasonable sign regulations
and provided a non-exhaustive list of sign rules that would not be content-based; and
WHEREAS, Justice Alito noted the following rules would not be content-based: (1) rules
regulating sign size, which rules may distinguish among signs based upon any content-neutral
criteria; (2) rules regulating the locations in which signs may be placed, which rules may
distinguish between freestanding signs and those attached to buildings; (3) rules distinguishing
between lighted and unlighted signs; (4) rules distinguishing between signs with fixed messages
and electronic signs with messages that change; (5) rules that distinguish between the placement
of signs on private and public property; (6) rules distinguishing between the placement of signs on
commercial and residential property; (7) rules distinguishing between on-premises and offpremises signs; (8) rules restricting the total number of signs allowed per mile of roadway; and (9)
rules imposing time restrictions on signs advertising a one-time event, where rules of this nature
do not discriminate based on topic or subject and are akin to rules restricting the times within
which oral speech or music is allowed; and
WHEREAS, Justice Alito further noted that in addition to regulating privately-placed
signs, 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 install 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 observed that the Reed opinion, 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;
and
WHEREAS, the City recognizes that as a result of the Reed decision, it is appropriate and
necessary for local governments to review and analyze their sign standards and regulations,
beginning with their temporary sign standards and regulations, so as to make the necessary changes
to conform with the holding in Reed; and
WHEREAS, the City recognizes that in Reed the Supreme Court determined that the Town
of Gilbert’s differing treatment of Temporary Directional Signs and the two other categories of
signs was “content-based,” meaning that the Town would have to survive strict scrutiny and show

30

a compelling government interest in its differing treatment of noncommercial speech as applied to
the petitioners’ use of temporary directional signs to announce the time and location of their
services; and
WHEREAS, the City recognizes that Reed only involved noncommercial speech; and that
commercial speech was not at issue in the Reed case; and
WHEREAS, the City recognizes that under established Supreme Court 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 recognizes that in the case of City of Austin, Texas v. Reagan
National Advertising of Austin, LLC, 142 S.Ct. 1464, 212 L.Ed.2d 418 (2022), the United States
Supreme Court ruled that regulation of signs is not automatically content based, so that strict
scrutiny for a violation of First Amendment free speech rights would be applicable, merely because
to apply the regulation, a reader must ask who is speaking and what the speaker is saying; and
WHEREAS, the City of Austin case therefore found the city’s sign ordinance, which
distinguished between on-premises and off-premises commercial signs did not violate the First
Amendment; and
WHEREAS, the City recognizes that government speech is not subject to First
Amendment scrutiny as was confirmed by the United States Supreme Court in Walker v. Texas
Division, Sons of Confederate Veterans, Inc., 135 S.Ct. 2239 (2015), released in June 2015 the
same day as the Reed decision, and that the Confederate Veterans decision has been followed as
to government signs by the Eleventh Circuit in Mech v. School Bd. Of Palm Beach County, 806
3d 1070 (11th Cir. 2015), cert. denied, 137 S.Ct. 73 (2016); and
WHEREAS, the City finds 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 Waldrup v. Dugger, 562 So. 2d 687
(Fla. 1990)]; and
WHEREAS, the City finds 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 Council finds that the City has consistently adopted and enacted
severability provisions in connection with its ordinance code provisions, and that the City wishes

31

to ensure that severability provisions apply to its land development regulations, including its sign
standards; and
WHEREAS, the City finds that there is 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 that objects and devices such as grave yard and cemetery
markers visible from a public area, vending machines or express mail drop-off boxes visible from
a public area, decorations that do not constitute advertising visible from a public area, artwork that
does not constitute advertising, a building’s architectural features visible from a public area, or a
manufacturer’s or seller’s markings on machinery or equipment visible from a public area, are not
within the scope of what is intended to be regulated through “land development” regulations that
pertain to signage under Chapter 163 of the Florida Statutes; and
WHEREAS, the City finds that the aforesaid objects and devices are commonly excluded
or exempted from being regulated as signs in land development regulations and sign regulations,
and that extending a regulatory regime to such objects or devices would be inconsistent with the
free speech clause of the First Amendment; and
WHEREAS, the City finds that in order to preserve the City as a desirable community in
which to live and do business, a pleasing, visually-attractive urban environment is of foremost
importance; and
WHEREAS, the City finds that the regulation of signs within the City is a highly
contributive means by which to achieve this desired end, and that the sign standards and regulations
in this Ordinance are prepared with the intent of enhancing the urban environment and promoting
the continued well-being of the City; and
WHEREAS, the City finds that Article II, Section 7, of the Florida Constitution, as
adopted in 1968, provides that it shall be the policy of the state to conserve and protect its scenic
beauty; and
WHEREAS, the City finds that the regulation of signage for purposes of aesthetics is a
substantial governmental interest and directly serves the policy articulated in Article II, Section 7,
of the Florida Constitution, by conserving and protecting its scenic beauty; and
WHEREAS, the City finds that the regulation of signage for purposes of aesthetics has
long been recognized as advancing the public welfare; and
WHEREAS, the City finds that aesthetics is a valid basis for zoning, and that regulation
of the size of signs and the prohibition of certain sign types can be based on 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

32

WHEREAS, the City finds that the enhancement of the visual environment is critical to a
community’s image and that the sign control principles set forth herein create a sense of character
and ambiance that distinguishes the City as one with a commitment to maintaining and improving
an attractive environment; and
WHEREAS, the City finds that the goals, objectives and policies from planning
documents developed over the years, demonstrate a strong, long-term commitment to maintaining
and improving the City’s attractive and visual environment; and
WHEREAS, the City finds 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 that, from a planning perspective, sign regulations can create
a sense of character and ambiance that distinguishes one community from another; and
WHEREAS, the overarching purpose of the City’s 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 sign regulations in this Ordinance are intended to enable the identification
of places of residence and business and to allow for the communication of information necessary
for the conduct of commerce; and
WHEREAS, 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 sign regulations in this Ordinance are intended to enhance the
attractiveness and economic well-being of the City as a place to live, vacation and conduct
business; and
WHEREAS, the sign regulations in this Ordinance are intended to protect the public from
the dangers of unsafe signs; and
WHEREAS, the sign regulations in this Ordinance 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 sign regulations in this Ordinance are intended to encourage signs that
are appropriate to the zoning district in which they are located and consistent with the category of
use to which they pertain; and

33

WHEREAS, the sign regulations in this Ordinance are intended to 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 business; and
WHEREAS, the sign regulations in this Ordinance are intended to establish sign size limits
which are in relationship to the scale of the lot and building on which the sign is to be placed or to
which it pertains; and
WHEREAS, the sign regulations in this Ordinance are intended to preclude signs from
conflicting with the principal permitted use of the site or adjoining sites; and
WHEREAS, the sign regulations in this Ordinance 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 sign regulations in this Ordinance are intended to require signs to be
constructed, installed and maintained in a safe and satisfactory manner; and
WHEREAS, the City Council finds that the City has adopted a land development code in
order to implement its comprehensive plan, and to comply with the minimum requirements in the
State of Florida’s Growth Management Act, Florida Statutes § 163.3202, including the regulation
of signage and future land uses; and
WHEREAS, the City’s Land Development Code, including its signage regulations, is
intended to maintain and improve the quality of life for all citizens of the City; and
WHEREAS, in meeting the purposes and goals set forth in these exordial clauses, it is
appropriate to prohibit and/or to continue to prohibit certain sign types; and
WHEREAS, the City finds that billboards detract from the natural and manmade beauty
of the City; and
WHEREAS, the City agrees with the determination of the American Society of Landscape
Architects that billboards tend to deface nearby natural or built rural or urban scenery; and
WHEREAS, the City agrees with the Sierra Club’s opposition to billboard development
and proliferation; and
WHEREAS, the City agrees with the American Society of Civil Engineers Policy
Statement 117 on Aesthetics that aesthetic quality should be an element of the planning, design,
construction, operations, maintenance, renovation, rehabilitation, reconstruction, and security
enhancement of the built environment; and
WHEREAS, the City finds 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

34

for on-premise 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 agrees with courts that have recognized that outdoor advertising
signs tend to interrupt what would otherwise be the natural landscape as seen from the highway,
whether the view is untouched or ravished by man, and that it would be unreasonable and illogical
to conclude that an area is too unattractive to justify aesthetic improvement [E. B. Elliott Adv. Co.
v. Metropolitan Dade County, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 878 (1970);
and
WHEREAS, the City recognizes 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 that billboards attract the attention of drivers passing by the
billboards, thereby adversely affecting traffic safety and constituting a public nuisance and a
noxious use of the land on which the billboards are erected; and
WHEREAS, the City finds and recognizes that billboards are a form of advertisement
designed to be seen without the exercise of choice or volition on the part of the observer, unlike
other forms of advertising that are ordinarily seen as a matter of choice on the part of the observer
[see Packer v. Utah, 285 U.S. 105 (1932)]; and
WHEREAS, the City acknowledges that the United States Supreme Court and many
federal courts have accepted legislative judgments and determinations that the prohibition of
billboards promotes traffic safety and the aesthetics of the surrounding area. [see Markham Adver.
Co. v. State, 73 Wash.2d 405, 439 P.2d 248 (1969), appeal dismissed, 439 U.S. 808 (1978); Suffolk
Outdoor Adver. Co., Inc. v. Hulse, 43 N.Y.2d 483, 372 N.E.2d 263 (1977), appeal dismissed, 439
U.S. 808 (1978); Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 509-510 (1981); Members
of the City Council of the City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 806-807
(1984), City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (1993); National Advertising
Co. v. City and County of Denver, 912 F.2d 405, 409 (10th Cir. 1990), and Outdoor Systems, Inc.
v. City of Lenexa, 67 F. Supp. 2d 1231, 1239 (D. Kan. 1999)]; and
WHEREAS, the City finds and recognizes that on-site business signs (including hotel and
apartment signs) are considered to be part of the business itself, as distinguished from off-site
outdoor advertising signs, and that it is well-recognized that the unique nature of outdoor
advertising and the nuisances fostered by billboard signs justify the separate classification of such
structures for the purposes of governmental regulation and restrictions [see E. B. Elliott Adv. Co.
v. Metropolitan Dade County, 425 F.2d 1141, 1153 (5th Cir. 1970), cert. denied, 400 U.S. 878
(1970)]; and
WHEREAS, the City finds that billboard signs are public nuisances given their adverse
impact on both traffic safety and aesthetics; and

35

WHEREAS, the City finds that billboards are a traffic hazard and impair the beauty of the
surrounding area, and the prohibition of the construction of billboards will reduce these harms [see
Outdoor Systems, Inc. v. City of Lenexa, 67 F.Supp.2d 1231, 1239 (D. Kan. 1999)]; and
WHEREAS, the City recognizes that Scenic America, Inc. recommends improvements in
the scenic character of a community’s landscape and appearance by prohibiting the construction
of billboards, and by setting height, size and other standards for on-premise signs [see Scenic
America’s Seven Principles for Scenic Conservation, Principle #5]; and
WHEREAS, the City finds 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,
commonly known as billboard signs or billboards, so as to prohibit the construction of billboards
in all zoning districts, and to provide that the foregoing provisions shall be severable; and
WHEREAS, the City finds that the prohibition of billboards as set forth herein will
improve the beauty of the City, foster overall improvement to the aesthetic and visual appearance
of the City, preserve and open up areas for beautification on public property adjoining the public
roadways, increase the visibility, readability and/or effectiveness of on-site signs by reducing
and/or diminishing the visual clutter of off-site signs, enhance the City as an attractive place to
live and/or work, reduce blighting influences, and improve traffic safety by reducing driver
distractions; and
WHEREAS, the City wishes to assure that billboards are effectively prohibited as a signtype within the City; and
WHEREAS, the City finds 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
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 acknowledges that the Seven Justices’ views in Metromedia, as
expressly recognized in the later Supreme Court decisions in Taxpayers for Vincent and Discovery
Network, have never been overturned; and that more than a dozen published Circuit Court of
Appeal decisions followed Metromedia on the permissible distinction between onsite signs and
offsite signs-when it comes to government’s substantial interest in prohibiting the latter sign type
(the offsite sign); and
WHEREAS, consistent with the foregoing exordial clauses, the business of outdoor
advertising should be a prohibited use in each of the City’s zoning districts and in all of the City’s
zoning districts; and
WHEREAS, the City finds and determines that it is appropriate to prohibit discontinued
signs and/or sign structures because the same visually degrade the community character and are

36

inconsistent with the general principles and purposes of the regulations as set forth in this
Ordinance; and
WHEREAS, the City finds that under state law, which may be more permissive than local
law, a nonconforming sign is deemed “discontinued” when it is not operated and maintained for a
set period of time, and the following conditions under Chapter 14-10, Florida Administrative Code,
shall be considered failure to operate and maintain the sign so as to render it a discontinued sign:
(1) signs displaying only an “available for lease” or similar message; (2) signs displaying
advertising for a product or service which is no longer available; or (3) signs which are blank or
do not identify a particular product, service, or facility; and
WHEREAS, the City finds that it is appropriate to specify that in addition to land
development regulations identified this Ordinance, signs shall comply with all applicable building
and electrical code requirements; and
WHEREAS, the City recognizes that it has allowed noncommercial speech to appear
wherever commercial speech appears; and desires to continue that practice through the specific
inclusion of a substitution clause that expressly allows non-commercial messages to be substituted
for commercial messages; and
WHEREAS, the City finds that by confirming in this Ordinance that noncommercial
messages are allowed wherever commercial messages are permitted, it will continue to overcome
any constitutional objection that its ordinance impermissibly favors commercial speech
noncommercial speech [see Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 12361237 (D. Kan. 1999)]; and
WHEREAS, the City finds that the district court in Granite State Outdoor Advertising,
Inc. v. Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d 1312 (M.D. Fla. 2002), aff’d in part
and rev’d in part on other grounds, 351 F.3d 1112 (11th Cir. 2003), cert. denied, 543 U.S. 813
(2004), cited the severability provisions of that city’s code as a basis for severing isolated portions
of sign regulations in its Land Development Code; and
WHEREAS, the City finds 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 has consistently included severability provisions in its ordinances,
and it wishes to ensure that severability provisions apply to its land development regulations,
including this Ordinance; and

37

WHEREAS, the City desires there to be an ample record of its intention that the presence
of a severability clause in connection with its sign regulations be applied to the maximum extent
possible, even if less speech would result from a determination that any exceptions, limitations,
variances or other provisions are invalid or unconstitutional for any reason whatsoever; and
WHEREAS, the City finds that it is appropriate to allow for the display of allowable
temporary signage without any prior restraint or permit requirement; and
WHEREAS, the City finds that when an application for a permanent sign is deemed denied
that the applicant shall have an avenue to immediately request in writing a written explanation as
to why the application was not approved and the City shall promptly respond in writing and provide
the reason(s) the application was not approved (see Covenant Media of South Carolina, LLC v.
City of North Charleston, 493 F.3d 421, 435-437 (4th Cir. 2007)); and
WHEREAS, the City finds that an applicant for a sign permit who is aggrieved by the
decision of the permitting official, or aggrieved by any failure by the permitting official or by any
other City official to act upon a sign permit application in accordance with the LDC, must have
the right to seek judicial review of the final decision of the City by the Circuit Court of the Sixth
Judicial Circuit in and for Pasco County, Florida, or by any other court of competent jurisdiction,
filed in accordance with the requirements of law, seeking such appropriate remedy as may be
available; and
WHEREAS, the City finds that an applicant shall have access to prompt judicial relief in
the circumstances where applicant’s sign permit application is either denied, deemed denied or not
approved in a timely manner, as set forth in the City’s sign permitting regulations, and
acknowledges that the display of temporary signs in compliance with the City’s sign standards and
regulations is not subject to any permitting whatsoever; and
WHEREAS, the Council therefore finds that it is in the best interests of the City, and its
citizens, property owners and businesses to adopt this Ordinance.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Port Richey,
Florida, that:
Section 1.

Chapter 121 of the Port Richey City Code, entitled SIGNS, is hereby

amended as follows:
Chapter 121 – SIGNS
Sec. 121-1. – Statement of purpose.
(a) The purpose and intent of this chapter is to establish a set of standards for the fabrication,
erection, use, maintenance, and alteration of signs, symbols, markings, or advertising
devices within the city. The standards are designed to protect and promote the health,
safety, and welfare of persons within the city by providing regulations which allow and

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encourage creativity, effectiveness, and flexibility in the design and use of such devices
while promoting traffic safety and avoiding an environment that encourages visual blight.
(b) It is not the purpose of this chapter to regulate or control the copy content, or viewpoint
of signs, nor is it the intent of this chapter to afford greater protection to commercial
speech than to noncommercial speech. Any sign, display, or device allowed under this
chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial
message that does not direct attention to a business operated for profit, or to a commodity
or service for sale, and that complies with all other requirements of this chapter. If any or
all of the other provisions of this chapter are held to be unconstitutional, it is the explicit
intent of the city council that, at a minimum, the standards in section 121-11 of this Land
Development Code LDC be considered severable and enforced as the minimum standards
for signs in the city.
(c) This chapter is intended to establish a coordinated graphic program that provides for
occupant identification and directional communication, while allowing the creation of
unique and informative signs. These guidelines are not intended to prohibit the design of
unusual signs that may enhance the character of the building or reflect the nature of the
business or use.
(d) This chapter is intended to be consistent with the city comprehensive plan. In the event
any of the provisions of this chapter are in conflict with other applicable requirements,
the more restrictive requirements shall apply.
Sec. 121-2. Applicability of other code or regulatory requirements.
This chapter does not regulate:
a.

Signs located entirely inside the premises of a building enclosed space, and that are
not visible from the right-of-way or public parking lot.

b.

Objects not included in the definition of “sign”.

c.

Signs posted as “no trespassing” in the manner provided for in Florida Statutes §
810.011(5)(a).

d.

Any government sign placed by or at the direction of or through the permission of
the city in, on or over any city or county owned or controlled property or right-ofway, including signs approved by the city under the authority of a development or
concession agreement, or an event co-sponsorship agreement with the city.

In the event any of the provisions of this chapter are in conflict with other applicable
requirements, the more restrictive requirements shall apply.

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Sec. 121-3. Signs specifically prohibited.
(a) Any sign not specifically permitted, exempted, or authorized by this chapter is prohibited;
provided, however, that any authorized or permitted sign under this chapter is allowed to
contain noncommercial speech in lieu of any other speech. The following types of signs
are specifically prohibited except as otherwise provided by this chapter:
(1) Activated signs and devices.
(12) Revolving signs.
(23) Snipe signs.
(34) Signs, other than sandwich signs as defined in section 121-17 (12), placed on the
sidewalk or curb.
(5) Swinging signs.
(6) Vehicle signs.
(47) Any sign which:
a.

Has unshielded, illuminated devices that produce glare or are a hazard or
nuisance to motorists or occupants of adjacent properties.

b.

Due to any lighting or control mechanism, causes radio, television, or other
communication interference.

c.

Is erected or maintained so as to obstruct any firefighting equipment, window,
door, or opening used as a means of ingress or egress for fire escape purposes,
including any opening required for proper light and ventilation.

d.

Projects in excess of 18 inches over a dedicated public street, alley, sidewalk, or
private or public roadway.

e.

Is erected on public property or a public right-of-way, except government signs
or other signs as expressly allowed in this Land Development Code.

(8) Bench signs located on private property.
(59) Abandoned signs.
(610) Permanent iInflatable signs or devices.
(711) Any sign prohibited by state or federal lawIllegal signs.
(812) Beacon lights.
(13) Roof signs.
(914) Back-to-back signs with faces at an angle that exceeds 45 degrees.
(1015) Window signs which do not comply with section 121-17(7), in aggregate, cover
more than 25 percent of the total window surface.
(1116) Signs in or upon any river, bay, lake, or other body of water within the limits of the
city.

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(1217) Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
(18) Pole signs.
(1319) Multiprism signs.
(1420) Permanent pPortable signs.
(1521) Pennants.
(22) Festoons.
(1623) Banner signs and advertising balloons which do not comply with section 121-10(4).
(1724) Sandwich signs that do not meet the requirements of section 121-4(17) 17(12).
(18) Any sign nailed, fastened, affixed to, hanging from, or painted on any tree or other
vegetation, or part thereof (living or dead).
(19) Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic
or other government sign, signal, or device.
(20) Offsite/off-premises commercial signs.
(21) Except as otherwise provided within this Land Development Code, any sign in or over
the public right-of-way, other than government signs or warning or safety signs.
(22) Pavement markings, except official traffic control-markings and street addresses
applied by government agencies or pursuant to government laws or regulations.
(23) Any sign which is designed to approximate, mimic or emulate an official government
sign, including unofficial “stop” signs posted on or above any street or right-of-way,
or within fifty feet thereof.
(24) Signs that emit sound, vapor, smoke, odor, particles, flame or gas with the exception
that signs emitting audible sound erected to accomplish compliance with the
Americans with Disabilities Act shall be authorized.
(25) Signs that contain any food or other substance that attracts large numbers of birds or
other animals and causes them to congregate on or near the sign.
(26) Any sign located on real property without the permission of the property owner.
(27) Obscene signs that meet the definition of obscenity under Florida Statutes § 847.001
et seq., as amended.
(b) Notwithstanding any code provision to the contrary, neither the city council nor any
board may grant a variance allowing the erection of any of the prohibited signs expressly
enumerated in this section.

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Sec. 121-4. Reserved. Certain signs exempt from permits.
The signs enumerated in this section are exempt from permit requirements. All signs set forth in
this section that do not meet the requirements set forth in this chapter for an exemption
or permit are prohibited.
(1)

The advertising copy, message, or sign face on changeable copy signs. However, the
change or replacement of advertising copy, message, or sign face must not enlarge or
increase the sign surface area or sign structure area, nor adversely affect the original
design integrity. If, in order to change or replace the advertising copy, message, or sign
face, the supporting sign structure must be unfastened, loosened, or removed, then a sign
permit shall be required. Copy shall not be replaced such that the sign changes from an
on-site sign to an off-site sign.

(2)

Government signs.

(3)

Flags, emblems, or insignia of any nation, state, or political subdivision, religious,
charitable, political, social, or fraternal organization when displayed on a single pole or
other supporting structure.

(4)

Holiday, seasonal, or commemorative decorations; provided that such signs are not
displayed for a period of more than 60 days.

(5)

Memorial signs or tablets, names of buildings, and date of erection when cut into any
masonry surface or when constructed of bronze or other noncombustible materials.

(6)

In nonresidential districts, two directional signs per driveway, provided such signs shall
be located on and pertaining to that parcel of private property. Each sign shall not exceed
four square feet in sign surface area and 30 inches in height. If such sign is to be
illuminated, then an electrical permit shall be obtained. Directional signs may be placed
with a one-foot setback from the right-of-way, provided that such signs meet all other
applicable regulations. The square footage of directional signs shall not be counted as
part of the maximum allowable square footage for any parcel.

(7)

In residential districts, one nonilluminated identification sign used to identify the address
and occupant of the residence, not to exceed two square feet in sign surface area. This
sign may not be used to advertise any home occupation.

(8)

One nonilluminated real estate sign may be displayed per street frontage, subject to the
following restrictions:

a.

Residential zoning districts.

1.

Where the property being advertised or developed has a street frontage of less than 500
feet, a maximum of 4½ square feet in sign surface area.

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2.

In R-1 and R-2 districts, a maximum of six square feet in sign surface area.

3.

If the parcel borders a navigable waterway, one additional real estate sign may be placed
on the waterfront side of the property.

4.

Where the property being advertised or developed has a street frontage of 500 feet or
more, a maximum eight square feet in sign surface area.

5.

Such signs shall not exceed six feet in height, shall not be posted prior to the listing of
the property for sale or lease or the filing of applications for the development of the
property, and shall be removed within 30 days after the sale or lease of the property, or
the completion of development as evidenced by the issuance of a certificate of
occupancy.

b.

Nonresidential districts.

1.

A maximum 32 square feet in sign surface area.

2.

Such signs shall not exceed ten feet in height, shall not be posted prior to the listing of
the property for sale or lease or the filing of applications for the development of the
property, and shall be removed within 30 days after the lease or sale of the property, or
the completion of development as evidenced by the issuance of a certificate of
occupancy.

c.

Multiple listing strips, broker identification strips, and "Sold" signs are allowed when
attached to a real estate sign. Signs shall be removed when ownership has changed or
the property is no longer for sale or lease or under development. Multiple listing strips,
broker identification strips, and "Sold" signs shall not be counted as part of the maximum
square footage permitted for real estate signs nor, shall real estate signs be considered as
part of the maximum square footage permitted on any parcel.

(9)

Window signs which comprise, in aggregate, 25 percent of the total window area or less.

(10)

Signs incorporated on machinery or equipment at the manufacturer's or distributor's level
which identify or advertise only the product or service dispensed by the machine or
equipment, such as signs customarily affixed to vending machines, newspaper racks,
telephone booths, and gasoline pumps. Such signs shall not be counted as part of the
maximum square footage permitted on any parcel.

(11)

Interior signs which are displayed on the inside of a building and not visible from a
public place. Such signs shall not be counted as part of the maximum square footage
permitted on any parcel.

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(12)

"No Trespassing" or "No Dumping" signs, not exceeding one sign every 500 feet along
boundaries of and at each corner of the posted property, four in number per acre, and no
one sign exceeding two square feet in sign surface area.

(13)

Noncommercial, on-site signs not included in this section which are less than four square
feet in sign surface area and 30 inches in height, provided that they are not displayed for
more than 14 consecutive days or more than 28 days per year.

(14)

Directional signs related to construction located within the development where building
or development permit approvals have been issued by the city and not to exceed four
square feet in sign surface area and 30 inches in height.

(15)

One construction sign per street frontage, provided that the following conditions are met:

a.

Such sign is not illuminated;

b.

Such sign shall be authorized only when active building or construction is taking place;

c.

Such sign shall contain only on-site advertising;

d.

All such signs shall be removed or made to conform to the provisions of this chapter
when a certificate of occupancy is issued; and

e.

The height and size of all construction signs shall be limited according to the following
restrictions:

1.

In residential zoning districts:

(i)

Where the property being constructed has a street frontage of less than 500 feet, a
maximum 4½ feet in sign surface area. The sign shall not exceed six feet in height.

(ii)

Where the property being constructed has a street frontage of 500 feet or more, a
maximum eight square feet in sign surface area. The sign shall not exceed six feet in
height.

2.

In all other districts:

(i)

Where the property being constructed has a street frontage less than 200 feet, a maximum
eight square feet in sign surface area. The sign shall not exceed ten feet in height.

(ii)

Where the property being constructed has a street frontage of 200 feet or more, a
maximum 16 square feet in sign surface area. The sign shall not exceed ten feet in height.

(16)

Two nonilluminated political campaign signs per candidate or issue for each residential
or nonresidential parcel, not to exceed eight square feet in area.

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(17)

In nonresidential zoning districts, one sandwich sign per business establishment having
a certificate of occupancy placed on the sidewalk no further than five feet from the main
entrance door of the structure of the establishment and with a maximum height of 3½
feet and maximum sign structure width of two feet. The sign shall not be placed in the
public right-of-way and shall not be placed so as to obstruct pedestrian traffic along the
sidewalk.

Sec. 121-5. Nonconforming signs.
(a) Any sign lawfully erected within the city on the effective date of the ordinance from which
this Land Development Code is derived which does not conform to the requirements of
this Land Development Code shall be treated as a nonconforming sign pursuant to this
section.
(b) The following signs shall be removed or made to conform to this chapter within 90 days
from the effective date thereof:
(1) All temporary signs other than those allowed herein.
(2) Those signs prohibited by section 121-3(23), (34), (56)—(79), (911)—(1013), (1215),
(1316), and (1720)—(2124).
(c) Any nonconforming, on-site sign which is destroyed or substantially damaged shall not
be repaired or rebuilt except in conformity with this chapter. Damage is deemed
substantial when it exceeds 50 percent of the value of the sign as assessed by the building
and zoning official or his designee using industry standard valuation methods.
(d) A nonconforming, on-site sign shall not be replaced by another nonconforming sign.
However, substitution of letters, poster panels, and demountable material on
nonconforming signs shall be allowed. The provisions of this section do not apply to signs
relocated or reconstructed as a result of condemnation action by any governmental agency
as provided for in this Land Development Code. Routine repair and maintenance is
allowed as long as it does not increase the sign's surface area, structure area or height.
Sec. 121-6. Special purpose signs.
In addition to the signs otherwise permitted by these sign regulations, a drive-through restaurant
shall be permitted one menu sign per drive-through lane placed in proximity to the drive-through
lane for the purpose of ordering. Such signs shall be set back to the minimum building setback for
the appropriate zoning district, or 40 feet, whichever is less and shall have a sign surface area not
exceeding 24 square feet and shall require a sign permit.
Sec. 121-7. Abandoned signs.
An abandoned sign is prohibited and is a violation of this chapter. Permanent on-site signs
applicable to a business temporarily suspended because of a change in ownership or management
shall not be deemed to be abandoned unless the property remains vacant for a period of six

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consecutive months or more. During that time, the owner shall maintain the sign as required by
this chapter and shall replace or cover the copy relating to the prior business with an opaque
covering, ensuring that all internal fixtures of the sign remain covered.
Sec. 121-8. Signs on rights-of-way.
(a) Allowance of certain signs. Signs in this subsection may be erected in rights-of-way within
the city and shall be exempt from the regulatory provisions of this chapter. Such structures
must also comply with applicable provisions of chapter 119 of this Land Development Code,
pertaining to right-of-way use, and the Florida Building Code.
(1) Government signs; and
(2) Traffic control devices.
(b) Prohibition of all other signs on rights-of-way. Except as otherwise allowed in this section,
iIt shall be unlawful for any person, firm, corporation or other entity, for its own or the benefit
of another, to erect, place, post, install, affix, attach, or in any other way locate or maintain a
sign upon, within or otherwise encroaching on a right-of-way or upon a structure located
within such a right-of-way. Information contained in any sign, including names, addresses,
or telephone numbers of persons or entities benefiting from or advertising on the sign, shall
be sufficient evidence of ownership or beneficial use or interest for purposes of enforcing this
chapter. More than one person or entity may be deemed jointly and severally liable for the
placement or erection of the same sign. Each unlawful sign shall be deemed a separate
violation of this chapter.
(1) Temporary signs subject to section 121-10 of this chapter may be erected within a city
right-of-way with the permission of the parcel owner who is responsible for maintenance of
the right-of-way. The sign shall be at least 5 feet from the roadway.
Sec. 121-9. On-site signs; permit required.
(a) General regulations.
(1) For the purpose of determining the spacing requirement found in this section, distances
shall be measured from the leading edge of the sign structure to the property line of the
property from which the distance is being measured.
(2) Illuminated signs, including neon signs, shall not produce more than one footcandle of
illumination four feet from the sign, when measured from the base of such sign. Exposed
neon tubing shall not be permitted on ground signs.
(3) For purposes of conformance with right-of-way setback regulations, any property owner
who has an on-site sign which was made nonconforming in regard to required setbacks
from the right-of-way by governmental right-of-way acquisition shall not be required to
comply with the setback requirements or spacing requirements of this section so long as
the sign is five feet from the edge of the proposed right-of-way; provided that the sign is
erected on private property.
(34) Signs shall not be placed in the clear site triangle.

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(b) Standards for on-site signs in residential districts. The following signs may be erected in
residential zoning districts:
(1) One double-faced or two single-faced permanent subdivision signs may be located at
each entrance to a platted subdivision, provided that all of the following requirements
are met:
a.

The sign shall not create a physical or visual hazard for pedestrians or motorists
entering or leaving the subdivision and shall be set back a minimum of five feet
from the right-of-way line and 20 feet from the intersection of the rights-of-way.

b.

An individual firm, partnership, association, corporation, or other legal entity other
than the city shall be designated as the person responsible for perpetual maintenance
of the subdivision sign.

c.

Each sign surface shall not exceed ten feet in height and 40 square feet in sign
surface area.

d.

If single-faced, the two signs shall be located on opposite sides of the entry drive.

e.

One additional subdivision sign may be placed at each terminus or farthest edge of
the subdivision, if located at least 1,000 feet from the main subdivision sign, up to
a maximum of two additional signs.

(2) One wall sign or one double-faced or two single-faced ground identification signs may
be located at each entrance to a multiple-family residential development or mobile home
park provided that all of the following requirements are met:
a.

Such signs shall not exceed two square feet in sign structure area for each dwelling
unit, up to and including 16 units. In no event shall the sign exceed 32 square feet
of sign structure area.

b.

Such signs shall not exceed ten feet in height.

c.

Such signs shall be set back five feet from the right-of-way line and 20 feet from
the intersection of the rights-of-way.

d.

If single-faced, the two signs shall be located on opposite sides of the entry drive
and backlighting or interior illumination is prohibited. One projecting sign may be
substituted for each wall sign pursuant to subsection (c)(3) of this section.

(3) One directional sign per subdivision entrance with a maximum height of five feet for the
structure, 12 inches for the copy, and 32 square feet of sign structure area. The directional
sign shall meet the separation and setback requirements of on-site signs. Additional
directional signs may be placed where necessary to locate subdivision amenities.
(4) Illuminated signs, including neon signs, shall not produce more than one footcandle of
illumination four feet from the sign, when measured from the base of such sign. Exposed
neon tubing shall not be permitted on ground signs.
(c) Standards for on-site signs in nonresidential districts. On-site signs on properties in
nonresidential districts which abut a residential district shall not be erected closer than ten
feet from any residential zoning district. Finishing materials shall be consistent with those
used on the structure to which the sign relates.

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(1) Regulations for ground signs. Ground signs shall be allowed in nonresidential districts,
provided the following specific regulations are met, in addition to the general regulations
stated in subsection (a) of this section:
a.

One ground sign is permitted for each parcel having frontage on a public street. If
a parcel has public street frontage in excess of 300 feet, one additional ground sign
shall be permitted for each additional 300 feet of public street frontage.

b.

The maximum allowable sign structure area for each ground sign shall not exceed
one square foot for each lineal foot of frontage along the street the sign faces or 210
square feet in sign structure area, whichever is less.

c.

No ground sign shall exceed 11 feet in height, except as specified in subsection
(c)(1)d of this section.

d.

If a parcel is entitled to more than one sign under subsection (c)(1)a of this section
and is a multiple-occupancy parcel, then all allowable ground signs may be
combined into a single ground sign not to exceed 300 square feet in sign structure
area. Such a combined sign may not exceed 15 feet in height. The combined sign
may be divided into two signs if the frontage of the parcel exceeds 1,500 feet. The
total area of the combined signs shall not exceed 300 square feet in sign structure
area, and the height of each sign shall not exceed 15 feet.

e.

Ground signs shall be placed no closer than 300 feet apart on the same parcel.

f.

All ground signs shall be set back five feet from the right-of-way line and 20 feet
from the intersection of the rights-of-way, except when ground signs are located on
one-way streets the setback from the intersection may be 15 feet, provided the sign
does not interfere with the clear site triangle.

(2) Regulations for wall signs. Wall signs shall be allowed in nonresidential districts;
provided that the following specific regulations are met, in addition to the general
regulations stated in subsection (a) of this section:
a.

The maximum allowable sign structure area for wall signage shall not exceed 1½
square feet per linear foot of establishment frontage, excluding parking garages,
facing a public street. Notwithstanding the foregoing, the maximum total sign
structure area for each sign shall not exceed 150 square feet for each frontage.

b.

One projecting sign may be substituted for each wall sign; provided that the sign
structure area of the projecting sign shall not exceed the maximum allowable sign
structure area of the wall sign that the projecting sign replaces.

c.

Wall signs shall not project beyond the roofline or sidewalls of the establishment to
which the wall sign is attached, nor shall the wall sign project more than 12 inches
from the wall to which it is attached.

d.

One wall sign shall be permitted for each establishment in a multiple-occupancy
parcel. Establishments located at a corner shall be allowed one wall sign for each
side of the establishment that faces a public street. Freestanding structures in a
multiple-occupancy parcel shall be permitted one sign for each exterior wall for a
maximum of four wall signs. Sign area for each sign is to be determined according
to subsection (c)(2)a of this section and no aggregation of signage is permitted;

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provided, however, that the sign area may be divided to provide for signage on
exterior walls not facing a public street.
(3) Regulations for projecting signs. Projecting signs shall be allowed in nonresidential
districts provided that the following specific regulations are met, in addition to the
general regulations stated in subsection (a) of this section:
a.

Projecting signs may be substituted for the permitted wall sign referenced in
subsection (c)(2) of this section, provided that the sign structure area of the
projecting sign is not greater than the maximum sign structure area permitted for a
wall.

b.

Projecting signs shall not project more than four feet from the building wall to
which it is attached.

c.

Projecting signs shall not be located above the roofline of the building nor more
than 18 feet above the grade of the street, whichever is less.

d.

The supporting hardware of a projecting sign shall not be visible from the street or
sidewalk.

e.

Projecting signs shall not be constructed in violation of the public space
encroachment limitations specified in this section.

f.

Projecting signs shall not be erected closer than ten feet from an interior lot line or
an adjacent establishment.

g.

Projecting signs which project over any public or private pedestrian way shall be
elevated a minimum of nine feet above such pedestrian way. Projecting signs which
project over any public or private street shall be elevated a minimum of 15 feet
above such street.

(4) Marquee, canopy, and awning signs. Marquee, canopy, and awning signs shall be
allowed in nonresidential districts, provided the following specific regulations are met,
in addition to the general regulations stated in subsection (a) of this section:
a.

One sign located on a marquee, canopy, or awning shall be affixed flat to the surface
and shall not rise in vertical dimension above the marquee, canopy, or awning.

b.

The maximum allowable sign structure area for awning, canopy, and marquee signs
shall not exceed two square feet per linear foot of building frontage facing a public
street. However, the aggregate surface area of all shapes, letters, numbers, symbols,
and illustrations shall not exceed 725 percent of the total area of the awning or
canopy surface. The awning or canopy sign may be illuminated only if the material
of which it is made is opaque.

c.

Canopy and awning signs shall be permitted only when in lieu of a wall sign.

(5) Directory signs. One directory sign per entrance into a nonresidential development or
subdivision with a maximum height of five feet for the structure, 12 inches for the copy,
and 32 square feet in sign structure area. The directory sign shall meet the separation and
setback requirements of on-site signs.
(6) Colonnade signs. One colonnade sign per establishment may be suspended at least nine

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feet above the walkway if limited to pedestrian traffic and at least 15 feet above the
walkway if open to vehicular traffic, with a maximum of six square feet of sign structure
area.
(7) Digital Signs. The intent and purpose of this section is to allow a property or business
owner to consolidate advertising using a single sign instead of relying on multiple signs,
banners, or flags by providing for digital display on ground signs in limited situations
for nonresidential establishments which provide for multiple or successive messages on
one sign face. Multiple or successive digital messaging alleviates the need for temporary
messaging due to the ability to have multiple or successive messages on the same sign.
Replacing temporary signage with multiple messaging on digital signs serves a public
purpose by reducing visual blight, reducing sign clutter, improving traffic safety and
improving the visual aesthetics of the city.
Digital signs and legally non-conforming signs with digital display are subject to the
technical requirements of this section. All other digital signs are prohibited.
1. Digital display shall not be configured to resemble a warning or danger signal and
shall not resemble or simulate any lights or official signage used to control traffic
unless at the direction of the city for a public service announcement/government
declared emergency.
2. Lighting from digital display shall not be directed skyward such that it would create
any hazard for aircraft or create skyglow. Digital display shall be modulated so that,
from sunset to sunrise, the brightness shall not exceed 350 Nits. Sunset and sunrise
times are those times established by the Tampa Bay Area Office of the National
Weather Service. At all other times, the maximum brightness level shall not exceed
1,000 Nits. The brightness of digital display shall be measured by a luminance meter.
The city manager or designee may require in writing to the sign owner that the
maximum day and/or night brightness of any digital display to be reduced provided
that any such reduction in maximum allowable Nits maintains the visibility to the
traveling public of the digital display during day and night time hours without any
need for amendment to this section.
3. Digital signs shall not display light that is of such an intensity or brilliance to cause
glare or otherwise impair the vision of a driver. Should the city, through its city
manager or designee, at its sole discretion, find any digital display to cause glare or
to impair the vision of the driver of any motor vehicle or which otherwise interferes
with the operation of a motor vehicle, upon request, the owner of the digital sign
shall immediately reduce lighting intensity of the digital display to a level acceptable
to the city. "Immediate" or "immediately" shall be considered by the city to mean
that the owner shall promptly and diligently begin and complete modifications as
soon as it is advised of the need therefore. Failure to reduce lighting intensity on
request shall be a violation of this Section.
4. Brightness and automatic dimmers. Digital display signs shall have installed and
operating ambient light monitors to automatically adjust the brightness level of the
digital display based upon ambient light conditions.

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5. Light trespass from digital display shall not exceed two-tenths foot-candle at the
digital sign property line. The illuminance of any digital display shall not be greater
than two-tenths foot-candle above ambient light levels at any given time of day or
night, as measured using a foot-candle meter at a preset distance described in this
section.
Foot-candle measurement shall be taken at the measurement distance determined by
using the following formula:
Measurement distance (in feet)=√Square footage of the digital display face x 100.
6. Digital display technology used shall be of the type designed to avoid hacking of the
operation of the digital display.
7. Any digital display that malfunctions, fails, or ceases to operate in its usual or normal
programmed manner shall immediately revert to a black screen until it is restored to
its normal operation conforming to the requirements of this section.
8. No auditory message or mechanical sound shall be emitted from any digital sign.
9. The owner of a digital display sign shall provide to the city an on-call contact person
and phone number. The contact person must have the authority and ability to make
immediate modifications to the display and lighting levels of the digital sign should
the need arise.
10. Digital signs shall comply with State and Federal technical requirements not
inconsistent with this Code.
Sec. 121-10. Temporary signs.
Temporary signs shall be allowed, provided the following requirements are met:
(1) General rule concerning temporary signs. Unless otherwise provided for in this chapter,
temporary signs shall not be erected for more than 100 days prior to the event being
advertised on the temporary sign begins, and they shall be removed promptly at the
event’s conclusion. Temporary signs not advertising an event to occur on a specific date
but which are related to the occurrence of an expected future event or transaction,
including but not limited to temporary real estate for sale signs, shall not be subject to the
one hundred (100) day provision of this subsection, but such signs shall also be removed
promptly upon the earliest of the occurrence of the event or transaction, or the expiration
of the listing or other similar change in facts eliminating the opportunity of the future
event or transaction from occurring.

(2) State law on usage and removal of political campaign advertisements. Temporary signs
erected by a candidate for political office, or that candidate’s agent(s), may not erect such
signs any earlier than the date the candidate qualifies for office. Pursuant to Florida Statutes
§ 106.1435, each candidate, whether for a federal, state, county, municipal or district office,
shall make a good faith effort to remove all of his or her political campaign advertisements
within 30 days (or as to candidates for city office, 72 hours) after:

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a. Withdrawal of his or her candidacy;
b. Having been eliminated as a candidate; or
c. Being elected to office.
The provisions herein do not apply to political campaign advertisements placed on motor
vehicles or to campaign messages designed to be worn by persons. If political campaign
advertisements are not removed within the specified period, the city shall have the
authority to remove such advertisements and may charge the candidate the actual cost for
such removal. Funds collected for removing such advertisements shall be deposited to the
general revenue of the city.
(3) District specific provisions.
(1) General requirements. The following requirements shall be met except where specified
in this section:
a. Time of display. Unless otherwise specified in this chapter, all temporary signs shall
not be posted more than 15 calendar days prior to the time of the event or activity
to which they related and shall be removed no later than five calendar days after the
conclusion of that event or activity. For the purposes of this subsection, the
maximum duration of an event or activity shall be no longer than two weeks.
Political campaign signs may be posted no earlier than the date of candidate
qualification and must be removed no later than 15 calendar days after the election
to which they relate.
ab.

Residential districts.
1. Temporary signs are permitted in residential districts, provided that no
sign shall exceed four square feet in sign surface area and six feet in height.
Two political signs per candidate or issue may be placed on each residential
parcel.
2. If the parcel borders a navigable waterway, one additional sign may be
placed on the waterfront side of the property.

bc. Nonresidential districts. Temporary signs are permitted in nonresidential districts,
provided that no sign shall exceed 32 square feet in sign surface area and ten eight
feet in height. Two political signs per candidate or issue may be placed on each
nonresidential property or individual business establishment.
cd. Location on parcel. All temporary signs shall be located behind the right-of-way
line, except as provided by section 121-8(b)(1) and shall not be located within the
clear site triangle.

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de. Permitting. Unless otherwise specified herein, temporary signs shall be exempt
from the permitting requirements of this Land Development Code.
f.

Additional regulations. Additional treatment of temporary signs, including real
estate, holiday, construction, directional construction, and political signs shall be as
set forth in section 121-4.

e.

Temporary signs at construction sites. Any land developer or licensed contractor,
architect or engineer is authorized, with the consent of the landowner, to install one
or more signs at a permitted active construction site, as that term is defined in
Florida Statutes § 810.011(13), or on land upon which the city has given
preliminary approval of plans to construct a building or other structure. Such signs
shall be subject to the following conditions:
1.

The sign is located on a construction site which has a valid building permit
displayed on site.

2.

The sign area shall not exceed 32 square feet aggregate per street frontage
per site.

3.

All signs shall be set back a minimum of ten feet from all property lines.

4.

All signs shall be removed by no later than the date upon which a temporary
or final certificate of occupancy is issued by the permitting authority.

(2) Model signs. Signs erected for the purpose of marketing new housing developments shall
be allowed as follows:
a.

One model sign is permitted per residential sales center and shall be located at such
sales center. Such signs shall have a maximum sign structure area of 16 square feet,
and a maximum height of four feet. Said sign shall be removed when the residential
sales center ceases operations.

b.

One directional sign is permitted per development entrance. Such sign shall
designate the location of the pods or parcels and shall be located along the collector
roads for the development. Such signs shall have a maximum sign structure area of
six square feet and a maximum height of four feet. Said sign shall be removed
before or upon build out of the development.

c.

One model sign is permitted per model home or unit type and shall be located at the
model home or unit type it identifies. Such sign shall have a maximum sign
structure area of 4½ square feet and a maximum height of four feet. Said sign shall
be removed before or upon sale of said model home.

d.

One warning sign is permitted per pod, out parcel, or development entrance that
provides instructions to contractors working therein. Such signs shall be located at
such entrance. Such signs shall have a maximum sign structure area of 20 square
feet and a maximum height of six feet. Such signs shall be removed upon
completion of construction within said pods, outparcels, or developments.

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(3) Special event signs. Special event signs shall be allowed as follows:
a.

Two nonilluminated temporary, ground, or wall signs per frontage on the site of the
institution where the event is to take place.

b.

Such signs shall not exceed eight square feet in sign surface area and six feet in
height in residential districts and 32 square feet in sign surface area and ten feet in
height in nonresidential districts.

c.

Signs announcing public or semipublic events or functions shall be set back a
minimum of five feet from the right-of-way line and 20 feet from the intersection
of the rights-of-way.

(4) Nonresidential district advertising or banner sign. In nonresidential districts, one banner
sign or advertising balloon for each establishment having a certificate of occupancy may
be displayed a maximum of four times per calendar year, with a maximum sign surface
area for banners of 24 square feet. A sign permit shall be obtained for such banner or
advertising balloon, pursuant to section 121-16, and the permit number and expiration
date shall be displayed on the banner or advertising balloon as provided in the permit.
Sec. 121-11. Minimum criteria for all signs in city.
Notwithstanding any other provision of this Land Development Code, the following
minimum criteria shall also be met by all signs erected in the city:
(1) Residential districts. No sign may be erected in a residential district that exceeds the
following dimensions and requirements:
a.

Maximum sign height of ten feet.

b.

Maximum sign structure area of 40 square feet.

(2) Nonresidential districts. No sign may be erected in a nonresidential district that exceeds
the following dimensions and requirements:
a.

Maximum sign height of 2520 feet.

b.

Maximum sign structure area of 300 square feet.

Sec. 121-12. Maintenance of signs.
(a) General requirements. All signs for which a permit is required by this Land Development
Code, including their supports, braces, guys, and anchors, shall be maintained so as to present
a neat, clean appearance. Painted areas and sign surfaces shall be kept in good condition and
illumination, if provided, shall be maintained in safe and good working order. Trash, rubbish,
and debris shall be kept clear in front of, behind, underneath, and around the base of signs for
a distance of five feet.
(b) Outdated on-site signs. This subsection refers to on-site signs that are not currently being used
to identify an activity on the property, but that are not abandoned signs as defined by this
chapter. Such signs shall be maintained, including, at all times, covering the inner fixtures or

54

workings of the sign. Copy that does not relate to a current activity on the property shall be
removed or covered with an opaque covering so that such signs maintain a neat and clean
appearance.
Sec. 121-13. Outdoor advertising signs.
(a) The purpose of this section is hereby set forth as follows:
(1) To promote the health, safety, and welfare of persons within the city by avoiding an
environment that encourages visual blight; and
(2) To prohibit the 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 the city.
(b) The installation, construction, placement, or erection of new outdoor advertising signs
(billboards) is prohibited in the incorporated areas of the city.
(c) For purposes of this section, the term "new outdoor advertising signs (billboards)" shall be
defined as:
(1) Those outdoor advertising signs (billboards) that have not registered with the city as of
August 16th 2022the effective date of the ordinance from which this chapter is derived;
(2) An addition to a registered outdoor advertising sign (billboard) that increases the area of
the sign facing by more than ten percent or increases the height of the outdoor advertising
sign (billboard) by more than ten percent; 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 city
regulations in effect that the time such sign was originally permitted and
constructed.

Sec. 121-14. Removal.
(a) Removal of signs on rights-of-way in violation of chapter. Except as provided otherwise in
this chapter, any sign on a right-of-way in violation of this chapter shall be subject to
immediate removal and impounding without notice by the city manager or the building and
zoning official or his designee and at the joint and several expense of the owner, agent, lessee
or other person having beneficial use of the sign, the sign contractor or, if a non-city right-ofway, the owner or lessee of the land upon which the sign is located.
(1) Illegal signs of negligible or no value; destruction. Any sign placed or erected in a rightof-way in violation of this chapter, which has negligible or no value due to its perishable
or nondurable composition including, but not limited to, those made out of paper,
cardboard, or poster board, shall be deemed abandoned and may be destroyed by the city
after removal. No notice or opportunity to reclaim such a sign shall be given by the city.

55

(2) Recovery of impounded signs; abandonment and destruction. Except for those signs
described in subsection (a)(1) of this section, any sign removed and impounded by the
city shall be held in storage, and the owner, if the owner's identity and whereabouts are
known to the city, shall be provided with written notice via certified mail and regular
mail of impoundment and within 15 days from the date of notice to reclaim any such
sign. Any impounded sign stored by the city may be destroyed if not reclaimed within
15 days of the written notice date or within 15 days of the date of removal, if the identity
and whereabouts of the owner is not known to the city.
(b) Removal of signs on private property for immediate peril. The building and zoning official or
his designee may cause, without notice, the immediate removal of any sign which is an
immediate peril to persons or property at the joint and several expense of the owner, agent,
lessee, or other person having beneficial use of the sign, the sign contractor, or the owner or
lessee of the land upon which the sign is located.
Sec. 121-15. Enforcement.
In addition to any other remedies available at law, including, but not limited to, F.S. §
166.0415, as it may be amended, and F.S. ch. 162, as it may be amended, or equity or provided in
this section, the city may apply any one or a combination of the following remedies, in the event
of a violation of this chapter or applicable local law or order.
(1) Whenever a violation of this chapter occurs or exists, or has occurred or existed, any
person, individual, entity or otherwise, who has legal, beneficial, or equitable interest in
the facility or instrumentality causing or contributing to the violations, and any person,
individual, entity or otherwise who has legal, beneficial or equitable interest in the real
or personal property upon which such violation occurs or exists or has occurred or
existed shall be liable for such violation.
(2) Fines, penalties, remedies, and prosecution for any violation of this chapter may be
pursuant to this Land Development Code and article II of chapter 1 of the city
codeuniform citation schedule, as it may be amended. Each violation of this chapter shall
be a separate offense.
(3) Failure of the city to enforce any requirements of this chapter shall not constitute a
waiver of the city's right to enforce the chapter with respect to that violation or
subsequent violations of the same type or to seek appropriate enforcement remedies.
(4) The building and zoning official or his designee and the city attorney or his designee
shall be responsible for administration and enforcement of this chapter and is authorized
to give any notice required by law or this chapter.
Sec. 121-16. Sign permits.
(a) Required. No person shall erect, assist in the erection, construction, maintenance, alteration,
relocation, or repair of, or do any work upon any sign for which a sign permit and any other
required permit has not been obtained. Any such sign shall be illegal and is a violation of this
chapter. Structural and safety features and electrical systems shall be in accordance with the

56

requirements of the city's adopted construction code. No sign shall be approved for use unless
it has been inspected and found to be in compliance with all the requirements of this Land
Development Code.
(b) Application; determination of completeness. Before any sign permit is issued, a written
application, in the form provided by the building and zoning official or his designee shall be
filed, together with such drawings and specifications as may be necessary to fully advise the
building and zoning official of the location, construction, materials, manner of illuminating,
method of securing or fastening, the number of signs applied for, the consent of the property
owner, and the wording of the sign.
(c) Administrative review. Administrative review of sign permit applications shall include the
following:
(1) Review of all information submitted to determine conformity with this Land
Development Code.
(2) An on-site inspection of the proposed sign location.
The building and zoning official or his designee shall approve or deny the sign permit based
on whether it complies with the requirements of this Land Development Code and shall do so
within 30 calendar days after receipt of a complete application. The building and zoning
official or his designee shall prepare a written notice of his decision, describing the applicant's
appeal rights, and send it by certified mail, return receipt requested, to the applicant.
(d) Time limitations. An application for a sign permit for any proposed work shall be deemed to
have been abandoned six months after the date of filing for the sign permit, unless before then
a sign permit has been issued. One or more extensions of time for a period of not more than
90 days each may be allowed by the building and zoning official or his designee for the
application, provided the extension is requested in writing and justifiable cause is
demonstrated.
(e) Time to complete construction. Every sign permit issued shall become invalid unless the work
authorized by such sign permit is commenced within six months after its issuance or if the
work authorized by such sign permit is suspended or abandoned for a period of six months
after the time the work is commenced. If a building permit for the sign is applied for within
30 days after the sign permit is issued and building permit is issued, the work authorized by
the sign permit shall be commenced within six months after issuance of the building permit.
If the work has commenced and the sign permit is revoked, becomes null and void, or expires
because of lack of progress or abandonment, a new sign permit covering the proposed work
shall be obtained before proceeding with the work. The issuance of a sign permit is distinct
from the issuance of a construction permit pursuant to the Florida Building Code and the
issuance of one does not satisfy the permit requirements of the other.
(f) Permit revocation. The building and zoning official or his designee is hereby authorized and
empowered to revoke, in writing, any permit issued by him upon failure of the holder thereof
to comply with the provisions of the permit or this Land Development Code, or if the building
and zoning official determines the permit was issued on the basis of misstatement of facts or
fraud by the applicant. The written revocation shall describe the appeal process. The building
and zoning official or his designee shall send the revocation by certified mail, return receipt
requested, to the sign permit holderowner.

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(g) Relationship to other permits. No permit for any on-site sign shall be issued by the city until
a building permit or development permit has been issued for the establishment to which it
relates.
Sec. 121-17 – Certain signs exempt from permits.
The signs or sign-related activities enumerated in this section are exempt from permit
requirements. All signs and sign-related activities set forth in this section must be in conformance
with all other requirements of this chapter.
(1) The copy, message, or sign face on changeable copy signs may be changed or replaced
without permit. However, such action must not enlarge or increase the sign surface area
or sign structure area, must not convert the sign to a prohibited new outdoor advertising
sign, and must not alter any element of the sign or sign structure covered by a term or
condition of a sign permit or other development order. If, in order to change or replace
the advertising copy, message, or sign face, the supporting sign structure must be
unfastened, loosened, or removed, then a sign permit shall be required.
(2) Temporary signs.
(3) Flags displayed on flag poles.
(4) Memorial signs or tablets, names of buildings, and date of erection when cut into any
masonry surface or when constructed of bronze or other noncombustible materials.
(5) In nonresidential districts, two directional signs per driveway, provided such signs shall
be located on and pertaining to that parcel of private property. Each sign shall not exceed
four square feet in sign surface area and 30 inches in height. If such sign is to be
illuminated, then an electrical permit shall be obtained unless illuminated through solar
energy. Directional signs may be placed with a one-foot setback from the right-of-way,
provided that such signs meet all other applicable regulations. The square footage of
directional signs shall not be counted as part of the maximum allowable square footage
for any parcel.
(6) In residential districts, one nonilluminated identification sign or one illuminated
identification sign powered by solar energy used to identify the address and occupant of
the residence, not to exceed two square feet in sign surface area.
(7) Window signs when the sign covers 60 percent or less of the window.
(8) Statutory "No Trespassing" or "No Dumping" signs, not exceeding one sign every 500
feet along boundaries of and at each corner of the posted property in accordance with
Florida Statutes § 810.011.
(9) Noncommercial, on-site signs not included in this section which are less than four square
feet in sign surface area and 30 inches in height, provided that they are not displayed for
more than 14 consecutive days or more than 28 days per year.
(10) Directional signs related to construction located within the development where building
or development permit approvals have been issued by the city and not to exceed four
square feet in sign surface area and 30 inches in height.
(11) One construction sign per street frontage, provided that the following conditions are met:

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a.

Such sign is not illuminated;

b.

Such sign shall be authorized only when active building or construction is taking
place;

c.

Such sign shall contain only on-site advertising;

d.

All such signs shall be removed or made to conform to the provisions of this chapter
when a certificate of occupancy is issued; and

e.

The height and size of all construction signs shall be limited according to the
following restrictions:
1.

In residential zoning districts:
(i) Where the property being constructed has a street frontage of less
than 500 feet, a maximum 4½ feet in sign surface area. The sign
shall not exceed six feet in height.
(ii) Where the property being constructed has a street frontage of 500
feet or more, a maximum eight square feet in sign surface area. The
sign shall not exceed six feet in height.

2.

In all other districts:
(i) Where the property being constructed has a street frontage less than
200 feet, a maximum eight square feet in sign surface area. The sign
shall not exceed ten feet in height.
(ii) Where the property being constructed has a street frontage of 200
feet or more, a maximum 16 square feet in sign surface area. The
sign shall not exceed ten feet in height.

(12) In nonresidential zoning districts, one sandwich sign per business establishment having
a certificate of occupancy placed on the sidewalk no further than five feet from the main
entrance door of the structure of the establishment and with a maximum height of 3½
feet and maximum sign structure width of two feet. The sign shall not be placed in the
public right-of-way and shall not restrict or impede pedestrian traffic along the sidewalk.
The sign shall only be displayed during the operating hours of the business
establishment.
Sec. 121-18. – Right of appeal.
(a) Any person aggrieved by any decision or order of the building and zoning official
pertaining to signs under this chapter may appeal to the board of adjustment (the board) by
serving written notice to the city clerk, who in turn shall immediately transmit the notice
to the board. If an administrative appeal is filed by the applicant, and the board fails to meet
within 45 days, the appeal will be deemed denied and the decision or order of the building
official, or designee, will be deemed final. Once a decision is appealed to the board, the
building official shall take no further action on the matter pending the board’s decision,
except for unsafe signs as provided for in this chapter. With respect to sign appeals, the
board shall hear and decide appeals where it is alleged that there is an error in the decision

59

or interpretation of the building official in the enforcement of this chapter. Such
determination shall be conclusive and no right of appeal to the city council with respect to
such action shall exist. Any granting or denial of conditional uses or variances by the board
shall be final.
(b) Any aggrieved person must file a her, his or its petition for writ of certiorari seeking review
of any adverse decision or action as provided for above within twenty (20) calendar days of
the date the decision was made, or the action was taken. The petition shall be processed in the
manner set forth by the Florida Rules of Appellate Procedure for reviews of final quasi-judicial
actions.

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Sec. 121-19. – Variances.
Notwithstanding any other provision of the city code, the only variance that may be applied for
from the board of adjustment in connection with signage in the city is a variance from required
setbacks.
Sec. 121-20. – Inspection.
The building and zoning official may make or require any inspections to ascertain compliance
with the provisions of this chapter, the Florida Building Code and other applicable laws. To the
extent Florida Statutes § 933.20 et seq. requires it, the building and zoning official shall work with
the city attorney to ensure a proper inspection warrant is obtained.
Sec. 121-21. – Sign construction specifications.
The following standards apply to sign construction within the city:
(a) Construction and erection of signs shall be in accordance with Florida Building Code.
(b) Materials. Paper or cardboard signs are prohibited. Cloth or fabric banners may only be
used for temporary signs.
(c) Construction standards. All signs shall be installed and constructed in a professional and
workmanlike manner and shall be maintained in good and safe structural condition and
good physical appearance. All exposed structural components shall be painted, coated or
made of rust or wood rot inhibitive material.
Sec. 121-22. – Design requirements.
All permanent signs shall meet the Land Development Code and be compatible with the
building(s) to which they relate and with the surrounding neighborhood. All signs except
temporary signs shall be subject to the design requirements below:
(a) The materials, finishes and colors of the freestanding monument sign base shall match the
architectural design of the building. In lieu of a monument base, any combination of
landscaping of sufficient density and maturity at the time of planting may be used to
achieve the same opacity as would have been achieved with the monument base.

61

(b) All tenant panels in any freestanding signs, including those added to existing sign
structures, shall be constructed of the same materials and illuminated by the same method.
Panels added to existing signs shall match the existing panels with respect to their materials
and illumination.
(c) All freestanding monument signs shall be landscaped around the base of the sign structure.
Landscaping (e.g. ground covering, ornamental trees, shrubs, and ornamental plants) shall
meet the requirements for landscaping as prescribed in this chapter.
(d) Wall signs shall not be installed in a manner that detracts from the architectural design of
a building. Wall signs shall not be installed that block windows, doors, or other types of
openings. These signs shall be compatible with the building(s) to which they relate and
with the surrounding neighborhood.
Sec. 121-23. – General sign provisions.
The following regulations apply to all signs in all districts in the city:
(a)

No sign may be displayed without the consent of the legal owner of the real or personal
property on which the sign is mounted or displayed.

(b)

This chapter does not modify or affect the law of fixtures, sign-related provisions in
private leases regarding signs (so long as they are not in conflict with this chapter), or
the ownership of sign structures.

(c)

Any sign installed or placed on public right-of-way or on public property, except in
conformance with the requirements of this chapter, is illegal and shall be forfeited to
the public and subject to confiscation. In addition to other remedies hereunder, the city
shall have the right to recover from the owner or person placing such sign the cost of
removal and disposal of such sign. There shall be no property right in such sign; all
property rights are forfeit and such signs are abandoned property. Such signs may, at
the city’s option, also be treated as litter with persons responsible for the placement of
such signs subject to the provisions of Florida Statutes § 403.413.

(d)

No sign shall be erected so as to obstruct any fire escape, required exit, window, or
door opening intended as a means of egress.

(e)

No sign shall be erected which interferes with any opening required for ventilation.

(f)

Signs shall maintain a minimum of six feet horizontal and twelve feet vertical clearance
from electrical conductors and from all communications equipment or lines.

(g)

Signs and their supporting structures shall maintain clearance and noninterference with
all surface and underground facilities and conduits for water, sewage, electricity, or

62

communications equipment or lines. Placement shall not interfere with natural or
artificial drainage or surface or underground water.
(h)

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.

(i)

The building official may order the repair of signs declared a nuisance. A sign not kept
in good repair and in a neat and clean appearance is a public nuisance.

(j)

The visual clearance and sight triangle, to assure adequate sight distance at the
intersection of two public roadways and at the intersection of a public roadway or other
private roadway and an access way or driveway, shall follow the criteria of the current
Florida Department of Transportation’s Manual of Uniform Minimum Standards for
Design, Construction, and Maintenance for Streets and Highways or its equivalent
amended document.

(k)

In order to assist public safety and emergency service vehicles to rapidly locate
addresses and to assist the traveling public to locate specific addresses, residential and
nonresidential structures shall conform to all applicable city or county codes mandating
address displays.

(l)

Signs shall not be located on publicly owned land or easements or inside the street
rights-of-way except bus stop signs, governmental signs, and safety or warning signs,
or as otherwise allowed by license agreement approved by the city council. Nothing
shall prohibit a duly authorized local official from removing a sign from public property
as allowed by law.

(m)

Nothing in this division shall be construed to prevent or limit the display of legal
notices, warnings, informational, direction, traffic, or other such signs which are legally
required or necessary for the essential functions of government agencies.

(n)

All signs shall comply with the applicable building and electrical code requirements.
Sign face replacements not requiring a permit shall comply with all applicable building
and electrical code requirements, this includes sign face replacements when the
permitted sign is not structurally or electronically altered, like materials are used, the
sign face is the same size within the frame as the permitted sign, and is installed in the
same manner as originally permitted.

(o)

Signs of a height greater than six feet and within ten feet of the right-of-way shall
require a letter of no objection from the local power company to insure current and
future compliance to applicable codes and to protect the safety of the public.

(p)

If no height or size restriction is specifically provided regarding any sign located in the
city the height and size restrictions for a structure in the zone in which the sign is
located will govern.

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Sec. 121-24. – Unregulated areas.
(a)

It is the intent of this chapter to regulate signs in a manner that is consistent with the
land use classification which establishes the character of the district in which the signs
are located and in keeping with the overall character of the community.

(b)

The sign standards in this chapter are intended to include every district in the city. The
districts are defined by the city’s zoning code and official zoning map. Where this
chapter provides for district-specific sign regulations or allowances, those specific
regulations and allowances shall control.

(c)

If any district is omitted from this chapter, or if a new district is created after the
enactment of this chapter, only exempt signs as described in this chapter shall be
permitted in such district until this chapter shall be amended to include sign regulations
and allowances for that district.
If any area is annexed into the city limits, no sign, except exempt signs described in
this chapter, shall be permitted therein until the area annexed has been zoned by the
city council. Substantially damaged or abandoned signs in existence as of the time of
annexation shall be brought into compliance with this chapter within one year of
annexation. Damage is deemed substantial when it exceeds 50 percent of the value of
the sign as assessed by the building and zoning official or his designee using industry
standard valuation methods.

(d)

Sec. 121-25. – Nonconforming uses must comply with chapter.
Any building or land use not conforming to the zoning ordinance provisions for the district in
which it is located shall, nevertheless, comply with all provisions of this chapter for the district in
which it is located.
Sec. 121-26. – Substitution of non-commercial speech for commercial speech.
Notwithstanding anything contained in this chapter to the contrary, any sign erected pursuant to
the provisions of this chapter 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 the commercial copy. The non-commercial message (copy) may occupy the entire sign
face or any portion thereof. The sign face may be changed from commercial to non-commercial
messages, or from one non-commercial message to another non-commercial message, as
frequently as desired by the owner of the sign, provided that the size, height, setback and other
dimensional criteria contained in this chapter have been satisfied.

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Sec. 121-27. – Content neutrality as to sign message (viewpoint).
Notwithstanding anything in this chapter to the contrary, no legal sign or sign structure shall be
subject to any limitation based upon the content (viewpoint) of the message contained on such sign
or displayed on such sign structure.
Sec. 121-2817. Fees.
Before any permit is issued under the provisions of this Land Development Code, the applicant
shall, at the time the permit is issued the application is made, pay such fees as established by
resolution of the city council, which resolution may be amended from time to time.
Section 2.

Section 101-11 of the Port Richey City Code, entitled Definitions, is hereby

amended as follows:
Sec. 101-11. - Definitions.
The following words, terms, and phrases, when used in this Land Development Code, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
10-year storm means as defined in the Florida Department of Transportation Drainage
Manual, Second Edition, for the Tampa Bay Area.
24-hour/25-year storm means a storm of 24 hours' duration which has a probability of
occurring at least once in a 25-year period.
100-year storm means a shore incident hurricane or any other storm with accompanying wind,
wave, and storm surge intensity having a one percent chance of being equaled or exceeded in any
given year during any 100-year interval.
Abandoned sign means any nonconforming on-premises sign or sign structure which bears
no sign or copy for a period of six consecutive months, or that displays, for a period of six
consecutive months, information which identifies a business, owner, lessor, or principal activity
conducted on the site; which no longer exists on the site; or which, through age, lack of
maintenance or obsolescence, no longer conforms to the applicable structural or maintenance
standards.
Abutting property means property that is immediately adjacent to or contiguous with property
that may be subject to any hearing required to be held under these regulations or that is located
immediately across any road or public right-of-way from the property subject to any hearing under
this LDC.
Access means the most direct method of travel from a public or private right-of-way to a
private parcel of land.

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Accessory building means a subordinate building or a portion of the main building on a lot,
the use of which is customarily incidental to that of the main or principal building.
Accessory structure means a subordinate use clearly incidental and related to the principal
structure, building, or use of land and located on the same lot as that of the principal structure,
building, or use, including, but not limited to, swimming pools, pool decks, utility sheds, detached
garages, and screened rooms.
Accessory use means a use on the same lot with, and of a nature customarily incidental and
subordinate to the principal use; and not occupying more than 40 percent of the net floor area of
any one floor in the principal structure or not more than 40 percent of the lot area.
Activated sign means any sign which contains or uses for illumination any light, lighting
device, or lights which change color, flash, or alternate; or change appearance of said sign or any
part thereof automatically; any sign which contains moving parts as part of its normal operation,
such as rotating signs, shall be considered an activated sign. Additionally, a sign that depicts or
contains copy which moves or appears to be moving or which emits audible sound, vapor, smoke,
odor particles, or gaseous matter, or electronic reader boards.
Adjacent means to have property lines, or portions thereof, in common or facing each other
across a right-of-way, street, or narrow water body.
Adverse effect upon a natural community means direct contamination, destruction, or that
which contributes to the contamination or destruction of a natural community or portion thereof to
the degree that its environmental benefits are eliminated, reduced, or impaired, or where there is a
resultant threat to its present or future function.
Advertiser means any person who is a lessee or owner of a sign, an agent of same, or anyone
who has beneficial use of a sign.
Advertising balloon means a sign constructed from nonporous material which is inflated and
is designed to rise and float in the atmosphere. The term "advertising balloon" includes those
advertising balloons that represent the form of a person, place, or thing. Aircraft that may meet
this definition are not considered advertising balloons. Advertising balloons may be tethered or
tied to the ground or may be designed to float freely in the atmosphere.
Aggregate sign area means, when used in reference to the total allowable sign surface area,
the total available display area of all sides or portions of a sign.
Agricultural district means any parcel of land or water zoned A-1.
Agricultural support uses means establishments primarily engaged in supplying soil
preparation services, crop services, horticultural services, sales and service of agricultural
machinery, veterinary and other animal services, and farm labor and management services.
Agriculture means land areas which are predominantly used for the cultivation of crops and
livestock, including crop land, pastureland, orchards, vineyards, nurseries, ornamental
horticulture, groves, feedlots, specialty farms, and silviculture.
Agriculture/rural means a land use classification denoting areas suitable for the practice of
agriculture and not requiring urban services.
Airport approach surface means that portion of the runway that is usable for takeoffs and
landings due to obstructions lying outside the clear zone.

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Airport clear zone means a designated area of land which is subject to peak aircraft noise and
on which there is the highest potential of danger from airport operations.
Airport facility means any area of land or water improved, maintained, or operated by a
governmental agency for the landing and takeoff of aircraft, or privately owned, paved runways of
4,000 or more feet in length, and any appurtenant area which is used for airport buildings, other
airport facilities, or rights-of-way.
Airport hazard area means any area of land or water upon which an airport hazard might be
established if not prevented pursuant to F.S. ch. 333.
Airport obstruction means any structure, object of natural growth, existing condition, or use
of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an
airport, or which otherwise increases the risk of danger to aircraft operations.
Airport transition surface means that portion of the runway that is not usable by aircraft for
operations due to obstructions outside the clear zone.
Alcoholic beverage business establishment means, subject to the exemptions set forth in
chapter 127 of this Land Development Code, any commercial premises, including, but not limited
to, a golf course clubhouse, grocery store, drugstore, nightclub, hotel, motel, lounge, cafe, bottle
club, bar, restaurant, grill, or filling station that sells alcoholic beverages.
Alcoholic beverages means distilled spirits and all beverages containing one-half of one
percent or more alcohol by volume.
Alley means a right-of-way providing a secondary means of access to abutting property.
Alter (signs) means and includes, but is not limited to, the following: the addition of sign
surface area, the changing or relocation of a light source, or the relocation of an outdoor advertising
display from one position to another. The term "alter" includes any and all structural changes in
the sign, but shall not include the changing of copy on a sign which is designed as a changeable
copy sign or the changing of faces.
Alteration, structural, means any change in the supporting members of a building such as
bearing walls, columns, beams, or girders.
Alterations mean, as applied to a building or structure, the change or rearrangement in the
structural part or in the existing facilities, the enlargement, whether by extending a side or by
increasing height, or the moving from one location or position to another of such building or
structure.
Altered natural communities means natural resources which have been substantially affected
by development but continue to provide some environmental benefit.
Ambulatory means persons who walk under their own power. Ambulatory persons do not
require wheelchairs or more than the occasional use of canes or walkers.
Amendment means a change in use in any district which includes revisions to chapter 127
and/or the official zoning map. The final authority for any amendment lies solely with the city
council.
Amnesty days means a voluntary program which allows citizens to bring small quantities of
hazardous waste to a central collection facility for proper disposal.

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Amusement facility means a commercial facility providing recreational activities, including,
but not limited to, commercial or public swimming pools, public tennis clubs, public gymnasiums,
amusement arcades, discotheques, bowling alleys, shuffleboard courts, baseball batting ranges,
miniature golf courses, golf driving ranges, billiard or pool halls, dance schools, halls or classes,
skating rinks, and indoor movie theaters.
Amusement park means a permanent commercial establishment which has as its principal
business the entertainment of its patrons by a combination of activities such as rides, games, shows,
exhibitions, food, and drink. Single-purpose or single-event facilities such as movie theaters or
sports arenas shall not be considered amusement parks.
Animal hospital means a building used for the treatment, housing, or boarding of domestic
animals by a veterinarian.
Animal waste means offal, animal excrement other than human waste, or other discarded
animal excrement material, whether solid, liquid, or gaseous.
Annexation means the assimilation of adjacent unincorporated areas of the county by an
existing city according to procedures established by law.
Antenna means a device used to send and/or receive electromagnetic waves which is usually
constructed of metallic or fiberglass/metal materials and may also include rods, tubing, or wire.
The term "antenna" shall only include the device or structure that actually is involved in the
sending or receiving of such signals and shall exclude any primary antenna support structure.
Appeal means a request for a review of the building and zoning official's interpretation of any
provision of this Land Development Code, or a request for a variance.
Aquatic preserve means submerged lands owned by the state as identified in F.S. ch. 258, as
amended, which have been set aside in an essentially natural or existing condition for the benefit
of future generations.
Aquifer means a water-bearing layer of rock or soil that will yield water in usable quantity to
a well or spring.
Aquifer recharge area means portions of the earth's surface where rainwater rapidly
percolates through the soil to the aquifer. The actual recharge is the depth of water that enters an
aquifer per unit area of the aquifer.
Area, building, means the total of areas taken on a horizontal plane at the main grade level of
the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and
steps.
Area, lot, means the total area within the lot lines.
Arterial road or arterial means a route providing service which is relatively continuous and
of relatively high traffic volume, long average trip length, high operating speed, and high mobility
importance. The primary purpose of arterial roads is to provide service to major traffic movements;
access to abutting property is a subordinate purpose. An arterial street or road is also typically
characterized by restricted parking, access control, signals at important intersections and stop signs
on side streets, and typically distributes traffic to and from collector streets or roadways. The term
"arterial roads" shall also be consistent with the definition of "arterial road" contained in F.A.C.
9J-5.003(8), as amended. Existing roads classified as arterial are indicated on the adopted current

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year roadway functional classification map. Roads which are built or proposed subsequent to the
adoption of the comprehensive plan shall be initially classified as arterial only by action of the
mayor and city council. Any such classification shall occur prior to the road being indicated on the
current year roadway functional classification map as an arterial.
Artificial waterway means a dredged canal created by man in upland or wetland area.
Automotive service station means an establishment whose principal business is the retail
dispensing of automotive fuel and oil and where grease, batteries, tires, and automobile accessories
may be supplied and dispensed at retail, principally for automobiles, and where, in addition, the
following services may be rendered and sales made, and no other:
(1) Sales and servicing of spark plugs, batteries, and distributors and distributor parts;
(2) Tire servicing and repair, but not recapping or regrooving;
(3) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats,
wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, and similar
parts;
(4) Provision of water, antifreeze, and similar materials;
(5) Washing and polishing, and sale of automotive washing and polishing materials;
(6) Providing and repairing fuel pumps and lines;
(7) Minor servicing and repairs of carburetors;
(8) Emergency wiring repairs;
(9) Adjusting and emergency repair of brakes;
(10) Greasing and lubrication;
(11) Sales of cold drinks, candies, tobacco, and similar convenience goods for service
station customers, but only as an accessory use and incidental to the principal
business operation; and
(12) Provision of road maps and other informational material to customers, and provision
of rest room facilities.
Uses permissible at an automotive service station do not include body work, straightening of
frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating
condition, operation of a commercial parking lot or commercial garage as an accessory use, or
other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater
than normally found in such stations. An automotive service station is not a repair garage or a body
shop.
Average daily flow means the average quantity of water consumed and wastewater generated
in gallons per day per equivalent residential dwelling unit.
Awning sign or canopy sign means a shelter supported entirely from the exterior wall of a
building and composed of nonrigid materials, except for the supporting framework, upon which a
sign is indelibly drawn, painted, or printed.
Banner sign means any sign intended to be hung, either with or without frames, possessing
characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.

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The term "banner" does not include ground signs or pole signs, regardless of whether the ground
signs or pole signs are on-site or off-site, and does not include flags, emblems, or insignia. All
other flags shall be considered banner signs.
Basement means a story partly underground but having at least one-half of its height above
the average level of the adjoining ground. A basement shall be counted as a story for the purpose
of height measurement if the vertical distance between the ceiling and the average level of the
adjoining ground is more than five feet or if used for business or dwelling purposes, other than a
game or recreation room.
Beach means the zone of unconsolidated material that extends landward from the mean low
water line to the place where there is marked change in material or physiographic form, or to the
line of permanent vegetation, usually the effective limit of storm waves. The term "beach" is
alternatively termed "shore."
Beacon light means any light source, whether fixed or activated, which is designed to attract
attention to a specific location, place, or thing.
Bench sign means a bench whose primary purpose is collateral with providing transportation
service to the public upon which a sign is indelibly drawn, painted, or printed.
Best management practice means a method or combination of methods determined after
problem assessment, examination of alternative practices, and appropriate public participation, to
be the most effective and practicable means of reducing or preventing nonpoint source pollution
to levels compatible with water quality goals. These measures could include both structural (e.g.,
sediment/debris basins, wetland impoundment of agricultural runoff, etc.), and nonstructural (e.g.,
street vacuuming, deferred grazing systems, etc.) approaches to abatement of nonpoint source
pollution, and would vary on a regional and local basis with the nature of the problems, climate,
physical characteristics, land use, soil types and conditions, and other factors.
Best possible technology means the most advanced technology which provides the maximum
protection possible for the public health, safety, and welfare. In ascertaining the best possible
technology, economic disadvantages shall only be considered relevant when analyzed in relation
to other applicants conducting waste disposal, land spreading, or mining activities under the
requirements of this Land Development Code.
Bicycle and pedestrian ways means any road, path, or way which is open to bicycle travel and
travel afoot but which excludes motor vehicles. Bicycle paths should not be confused with bicycle
lanes which are constructed as part of a roadway to be shared by motor vehicles.
Billboard. See Outdoor advertising sign.
Biological treatment means a water quality treatment system that utilizes a designed water
pool in association with water-tolerant vegetation to remove pollutants through settling, absorption
by soils and nutrient uptake by the vegetation.
Blight means an area in which there are a substantial number of slum, deteriorated or
deteriorating structures and conditions which endanger life or property by fire or other causes or
one or more of the following factors which substantially impairs or arrests the sound growth of a
county and is a menace to the public health, safety, morals, or welfare in its present condition and
use:
(1) Predominance of defective or inadequate street layout;

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(2) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(3) Unsanitary or unsafe conditions;
(4) Deterioration of site or other improvements;
(5) Tax or special assessment delinquency exceeding the fair value of the land; or
(6) Diversity of ownership or defective or unused conditions of title which prevent the
free alienability of land with the deteriorated or hazardous area.
BMP means best management practices as prepared by the state division of forestry as a best
known means to protect water resources from nonpoint pollution during silvicultural operation.
Boardinghouse means any dwelling in which more than three persons, either individually or
as families, are housed or lodged for hire with or without meals. A roominghouse or a furnished
room house shall be deemed a boardinghouse.
Broadcasting or communication towers and facilities means facilities which are designed and
constructed in accordance with EIA-222 (latest revision) requirements and are licensed to operate
under parts 22 (Public Mobile Service), 25 (Satellite Communication Antennas), 73 (Radio
Broadcast Services), 74 (Experimental, Auxiliary, Special Broadcast, and Other Program
Distributional Services), 76 (Cable Television Service), 78 (Cable Television Relay Service), 90
(Private Land Mobile Radio Services), and 101 (Private Operational-Fixed Microwave Service) of
the Rules and Regulations of the Federal Communications Commission, 47 CFR 21 et seq.,
including any accessory antennas operated on an unlicensed basis with the foregoing facilities.
Broker identification strip means a strip of wood or like material or paper affixed to, around,
or upon a real estate sign to indicate the name of the broker advertising the sale of property.
Building means any structure used or intended for supporting or sheltering any use or
occupancy, as defined by the Florida Building Code as may be amended.
Building frontage means the linear length of a building facing a public street right-of-way,
exclusive of alleys, or the linear length of the street right-of-way which faces the building,
whichever is smaller.
Building, front line of, means the line of that face of the building nearest the front line of the
lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does
not include steps.
Building, height of, means the vertical distance measured from:
(1) The average ground level at the sides of the building to the highest point of the
coping, in the case of flat roofs, to the point halfway up the roof in the case of pitched
roofs, or to the deck line of a mansard roof.
(2) The level of the curb or the established street grade opposite the center of the front
wall of the building to the highest point halfway up the roof, in the case of pitched
roofs, or to the deck line of a mansard roof. For buildings set 15 feet or more from
the front lot line, the height may be measured from the finished ground surface at the
center of the front wall of the building. Where the height is designated in terms of
stories, it shall mean the designated number of stories including the first story. Where
a building is required to elevate its first habitable floor to or above the base flood
elevations, building height shall be measured from the established base flood

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elevation level to the highest point of the coping, in the case of flat roofs, to the point
halfway up the roof, in the case of pitched roofs, or to the deck line, in the case of a
mansard roof.
Chimneys, spires, towers, tanks, and similar projections shall not be included in calculating
height.
Building line means an imaginary line located on the lot at a fixed distance from the street
right-of-way line and interpreted as being the nearest point that a building may be constructed to
the street right-of-way. The building line shall limit the location of porches, patios, and similar
construction, steps excepted, to the face of this line.
Building, main, means a building in which the principal use of the lot where the building is
located is conducted.
Bulk electric transmission corridors means rights-of-way and associated easements used for
the placement of an interconnected group of electric lines and associated equipment for the
movement or transfer of electricity in bulk between points of delivery, where the bulk transmission
voltage is 230 kilovolts or above.
Bulletin sign means a flat sign with changeable copy capability.
Business use means an establishment offering primarily services to the business community
and to individuals. Such services include, but are not limited to, advertising agencies, blueprinting
and photocopying services, interior cleaning services, computer and data processing services,
detective agencies and security services, insurance agencies, management consulting and public
relations services, news syndicates, personnel services, photofinishing laboratories, photography,
art and graphics services, financial services (including banks), and real estate.
Canopy sign means a roof-like cover, attached or unattached, extending from the exterior wall
of a building and composed of supporting framework of rigid materials upon which sign copy is
indelibly drawn, painted, or printed.
Capital improvement plan and budget means a multiyear schedule of capital improvement
projects, including priorities and cost estimates, budgeted to fit the financial resources of the
community.
Capital improvements means any long-term investment of public funds for the acquisition,
construction, or improvement of public lands or facilities which, by reason of its size and cost, is
nonrecurring in the local budget.
Carport means an open space for the storage of one or more vehicles in the same manner as
a private garage. A carport may be covered by a roof supported by columns or posts except that
one or more walls may be the walls of the main building to which the carport is an accessory
building or extension.
Certificate of occupancy means a statement, based on an inspection and signed by the building
and zoning official, setting forth either that a building or structure complies with this Land
Development Code and the Florida Building Code, or that a building, structure, or parcel of land
may lawfully be employed for specified use or both.

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Changeable copy sign means any framed sign, illuminated or not, which is principally
devoted to and designed for changeable text and graphics. The term "changeable copy sign" shall
not include activated signs.
Charges and sales means water sales and other user charges derived from the operation of
publicly owned and operated facilities such as utilities, golf courses, and mass transit. Each type
of public facility has a unique rate structure that is periodically evaluated and adjusted.
City means the incorporated areas of Port Richey, Florida.
City manager means the city manager or his designee.
Class I waters means potable water supplies as classified and specified in F.A.C. ch. 62-302.
Class II waters means shellfish propagation or harvesting water as classified and specified in
F.A.C. ch. 62-302.
Class III waters means state waters whose primary use is for recreation, propagation, and
maintenance of a healthy, well-balanced population of fish and wildlife as classified and specified
in F.A.C. ch. 62-302.
Clean fill means soil, sand, or other naturally occurring unconsolidated organic or inorganic
solid matter.
Clear sight triangle means the area on a corner lot in any district within which nothing will
be erected, placed, or planted in such a manner as to impede vision within 25 feet of the intersection
of the road right-of-way lines in both directions.
Clock-temperature, sign, means a time or temperature indicator which also bears on its face
or structure information other than the name of the manufacturer, directions for its use, or the time
or temperature.
Clustering, cluster development means a type of residential development employing a more
compact arrangement of dwelling units situated on land that has not been subdivided in the usual
manner, each structure being on an individual lot. The lot size for each unit is reduced from the
standard lot requirement for the applicable zoning district, and the land difference between the
reduced lot size and the standard lot requirement is placed in common open space or public green
areas.
Coastal area means those portions of the city which lie within hurricane evacuation level A,
as defined by the county peacetime emergency plan. The term "coastal area" includes water and
submerged lands of oceanic water bodies or estuarine water bodies, shorelines adjacent to such
water bodies, coastal barriers, living marine resources, main wetlands, water-dependent or waterrelated facilities on oceanic or estuarine waters, public access facilities to oceanic beaches or
estuarine shorelines, and all lands adjacent to such occurrences where development activities
would impact the integrity of the above.
Coastal barrier means barrier islands, spits, peninsulas, or similar land forms, which separate
estuaries or harbors from the open waters of the Gulf of Mexico.
Coastal barrier islands means geological surface features above the mean high water line
which are completely surrounded by marine waters, that front upon the open waters of the Gulf of
Mexico, and that are composed of quartz sands, clays, limestone, oolites, rock, coral, coquina,
sediment, or other material, including soil disposal. Mainland areas which were separated from the

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mainland by artificial channelization for the purpose of assisting marine commerce shall not be
considered coastal barrier islands.
Coastal protection structures means shore-hardening structures, such as seawalls, bulkheads,
revetments, rubble mound structures, groins, breakwaters, and aggregates of materials other than
beach sand used for shoreline protection, beach and dune restoration, and other structures which
are intended to prevent erosion or protect other structures from wave and hydrodynamic forces.
The enumeration of types of structures in the term "coastal protection structures" shall not be
construed as excluding from the operation of F.S. §§ 161.52—161.58 any other structure which,
by its usage, design, dimensions, or structural configuration, would require engineering
consideration similar to the listed structures.
Coastal water bodies means state department of environmental protection jurisdictional
surface waters and wetlands within the coastal area.
Coastal zone means those portions of the city which lie within the hurricane vulnerability
area, evacuation levels A, B, and C. The term "coastal zone" includes water and submerged lands
of oceanic water bodies or estuarine water bodies, shorelines adjacent to such water bodies, coastal
barriers, living marine resources, marine wetlands, water-dependent or water-related facilities on
oceanic or estuarine waters, public access facilities to oceanic beaches or estuarine shorelines, and
all lands adjacent to such occurrences where development activities would impact the integrity of
the above.
Collector road or collector means a route providing service which is of relatively moderate
average traffic volume, moderately average trip length, and moderately average operating speed.
On a collector road, traffic movement is a priority, but there is a higher degree of land access than
with an arterial road, allowing such a route to collect and distribute traffic between local roads or
arterial roads and serve as a linkage between land access and mobility needs. A collector road is
also one which typically collects traffic from local streets and which generally connects with
arterials, as defined herein. The term "collectors" shall also be consistent with the definition of
"collector road" contained in F.A.C. 9J-5.003(20), as amended. Existing roadways classified as
collector are indicated on the adopted current year roadway functional classification map. Roads
which are built or proposed subsequent to the adoption of the comprehensive plan shall be initially
classified as collector only by action of the mayor and city council. Any such classification shall
occur prior to the road being indicated on the current year roadway functional classification map
as a collector.
Colonnade sign means a sign suspended below the roof of a covered walkway, perpendicular
to the facade of the structure, oriented to pedestrians and identifying the premises adjacent to it.
Commemorative decoration means an embellishment placed to honor a certain event, person,
or place.
Commercial means engaging in a business, enterprise, activity, or other undertaking for profit.
Commercial district means any parcel of land or water zoned C-1, C-2, C-3, or any areas
designated and used for commercial purposes within a PUD district as defined by this Land
Development Code, and as subsequently amended.
Commercial use means an activity carried out for pecuniary gain, excluding the rental or lease
of any permanent residential dwelling unit or its equivalent such as nursing homes, group homes,
boardinghouses, etc. The term "commercial use" includes, but not be limited to, hotels, recreational

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vehicle parks, retail, wholesale, and office uses, but specifically excludes those uses described
elsewhere in this section as agricultural, industrial, or residential.
Commercial vehicle means a vehicle utilized for commercial purposes; provided, however,
that the term shall not include passenger automobiles or those vehicles commonly referred to as
vans and pickup trucks when there is no attached commercially related equipment on such
vehicles. For purposes of this LDC, the terms "passenger automobiles," "vans," and "pickup
trucks" are defined as follows:
(1) Passenger automobile means a motor vehicle designed primarily for transport of no
more than nine passengers, including the driver.
(2) Pickup truck means a truck with a net weight of no more than 6,000 pounds, or a
width of no more than 80 inches, having a chassis comparable to a passenger
automobile and a low-sided open body, and which is also designed for the transport
of no more than five passengers, including the driver. A box truck that weighs less
than 6,000 pounds or has a width of less than 80 inches shall be considered a
commercial vehicle.
(3) Van means a motor vehicle designed primarily for transport of no more than nine
passengers, including the driver, or a motor vehicle with a net weight of no more
than 6,000 pounds or a width of no more than 80 inches which is designed, used, or
maintained primarily for transport of property. A step van that weighs less than 6,000
pounds or has a width of less than 80 inches shall be considered a commercial
vehicle. A disability van shall not be considered a commercial vehicle.
Commercially related equipment means equipment including, but not limited to, utility
trailers, cement mixers, generators, and other types of trailers, when the same are utilized in a
commercial endeavor.
Community park means a park located near major roadways and designed to serve the needs
of more than one neighborhood.
Community residential home.
(1) The term "community residential home" means a dwelling unit licensed to serve
residents who are clients of the department of elderly affairs, the agency for persons
with disabilities, the department of juvenile justice, or the department of children and
family services or a dwelling unit licensed by the agency for health care
administration which provides a living environment for seven to 14 unrelated
residents who operate as the functional equivalent of a family, including such
supervision and care by supportive staff as may be necessary to meet the physical,
emotional, and social needs of the residents. The term "resident," for the purposes of
this definition, means any of the following:
a.

A frail elder, as defined in F.S. § 429.65;

b.

A physically disabled or handicapped person, as defined in F.S. § 760.22(7)(a);

c.

A developmentally disabled person, as defined in F.S. § 393.063;

d.

A nondangerous mentally ill person; or

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e.

A child who is found to be dependent or a child in need of services, as defined
in F.S. §§ 39.01, 984.03(9), 984.03(12), or 985.03.

(2) Homes of six or fewer residents which otherwise meet the definition of a community
residential home shall be deemed a single-family unit and a noncommercial,
residential use for the purpose of city ordinances. Homes of six or fewer residents
which otherwise meet the definition of a community residential home shall be
allowed in single-family or multifamily zoning without approval by the city,
provided that such homes shall not be located within a radius of 1,000 feet of another
existing such home with six or fewer residents. Such homes with six or fewer
residents shall not be required to comply with the notification provisions of F.S. §
419.001; provided that, prior to licensure, the sponsoring agency provides the city
with the most recently published data compiled from the licensing entities that
identifies all community residential homes within the jurisdictional limits of the city
in order to show that no other community residential home is within a radius of 1,000
feet of the proposed home with six or fewer residents. At the time of home
occupancy, the sponsoring agency must notify the city that the home is licensed by
the licensing entity.
Comprehensive plan means the city comprehensive plan, inclusive of all its elements, goals,
objectives, policies, maps, and official amendments which have been adopted by the mayor and
city council pursuant to F.S. § 163.3184, as amended.
Concurrency means the provision of public facilities necessary to accommodate the impacts
of new development such that all adopted levels of service are maintained during and following
the development of all projects.
Cone of influence means a depression in the potentiometric surface (drawdowns) around a
pumping well caused by the withdrawal of water.
Conservation means the planned management and use of natural resources to prevent
exploitation, misuse, and neglect.
Conservation area means lands which, due to the presence of nonrenewable natural resources
or significant biological productivity, diversity, and scarcity, require special limitations upon
development. Some examples include, but are not limited to:
(1) Natural shorelines;
(2) Freshwater marshes;
(3) Alluvial wetlands;
(4) Shallow grass ponds;
(5) Freshwater swamps (i.e., bay and cypress);
(6) Class III waters; and
(7) Sand pine scrub habitats.
Generally, these areas are environmentally sensitive land that must not undergo development.
Conservation easement means an agreement between the developer and SWFWMD or its
designee delineating areas protected from construction and/or destruction.

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Conservation plan means a formal document, prepared or approved by the county soil and
water conservation district board and organized pursuant to F.S. ch. 582, as amended, which
outlines a system of management practices to control soil erosion, reduce sediment loss or protect
the water quality on a specific parcel of property.
Construction means the building of or substantial improvement to any structure or the
clearing, filling, or excavation of any land. It shall also mean any alterations in the size or use of
any existing structure or the appearance of any land. When appropriate to the context, the term
"construction" refers to either the act of construction or the result of construction.
Construction sign means any sign giving the name of contractors, architects, and lending
institutions responsible for construction on the site where the sign is placed, together with other
information included thereon.
Convenience goods, sale of, means commercial establishments that generally serve day-today commercial needs of a residential neighborhood, including, but not limited to, convenience
stores (excluding gasoline sales), tobacco shops, newsstands, bakeries, candy, nut and
confectionery stores, delicatessens, dairy products, and eating establishments.
Conversion apartment means the remodeling of a single-family dwelling unit into two or
more separate living units each having a minimum of 650 square feet of habitable area, exclusive
of basement and/or cellar dwellings, and having one bathroom, three habitable rooms, separate
and private sanitary, cooking and dining facilities; and a minimum of two off-street parking spaces
per living unit.
Copy means the letters, colors, text, or other graphics which comprise the message displayed
upon the sign surface area.
Council means the city council of Port Richey, Florida.
County means all areas within the unincorporated area of Pasco County, Florida.
Court means an unoccupied open space, other than a yard, on the same lot with a building
and which is bound on two or more sides by the walls of such buildings.
Court, inner, means a court enclosed on all sides by exterior walls of a building or by exterior
walls and lot lines on which walls are allowable.
Court, outer, means a court enclosed on not more than three sides by exterior walls and lot
lines on which walls are allowable, with one side or end open to a street, driveway, alley, or yard.
Coverage, building, means that portion or percentage of the plot or lot area covered by the
building area.
Critical habitat means viable areas of habitation for endangered and threatened species, as
confirmed by appropriate jurisdictional agency documentation or by reports which may be
submitted by an applicant requesting a development order on a site containing an area of such
habitation by endangered or threatened species. The extent of these areas shall have a definitive
boundary which may vary in extent based upon the individual species (e.g., bald eagle's nest or
pond harboring a protected turtle).
Dam means a barrier to the flow of liquids, constructed of earth or other materials.

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DBH means the diameter, in inches, measured at 54 inches above the natural grade. The
diameter of all trunks of multiple-trunked trees shall be added together for this measurement.
Declining neighborhoods means neighborhoods which are characterized by permanently
vacant housing and other structures, chronic vacancy rates greater than ten percent, and property
values which are decreasing.
Density, gross, means, as a general rule, the total number of dwelling units divided by the
total number of acres on the site. This calculation includes within it all internal roadways, parks,
rights-of-way, substations, drainage easements, and environmental areas, etc. One should consult
the text for policies applicable to the computation of gross density.
Density, net, means, as a general rule, the total number of dwelling units divided by the total
number of developable acres, exclusive of internal roadways, parks, rights-of-way, substations,
drainage easements, and environmental areas, etc. One should consult the text for policies
applicable to the computation of net density.
Developer means any person engaged in developing or subdividing land.
Development means the carrying out of any building activity or mining operation, the making
of any material change in the use or appearance of any structure or land, or the dividing of land
into three or more parcels (see F.S. § 380.04, as amended).
Development order means any order granting, denying, or granting with conditions an
application for a plan amendment, rezoning or subdivision approval, building permit, certification,
special exception, variance, or any other official action of the city having the effect of permitting
the development of land.
Development permit means any building permit, zoning permit, subdivision approval,
rezoning certification, special exception, variance, or any other official action of the city council
having the effect of permitting the development of land.
Development review committee means a committee as appointed by the building and zoning
official.
Dike. See Dam.
Directional sign means any permanent or temporary sign which is used principally for the
purpose of indicating the direction or location of any object, place, event, or area, including, but
not limited to, those signs which indicate the avenues of ingress and egress from a particular
premises and bearing no additional advertisement beyond the name of the object, place, or area.
Directional signs shall not contain names, addresses, or occupations of tenants.
Directional sign means any sign utilized only for the purpose of indicating the location or
direction of any object, place or area, or for guiding traffic.
Directory sign means a sign which gives the name, address, or occupation of the tenants of a
building, including office directories, church directories, and shopping center, apartment, or
townhouse directories.
Directory sign means a sign which gives the name, use, and/or occupation of the occupants
of a building, shopping center, professional center, church, apartment house or townhouse
complex.

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Disposal means the discharging, depositing, spreading, injection, dumping, spilling, leaking,
land application, or placing of any liquid, solid, or semisolid waste material into or upon any land
or water or so that any constituent thereof may enter other lands, be emitted into the air or
discharged into any waters (including groundwaters), or otherwise enter the environment.
District or zoning district means all areas of land or water whose boundaries are identified on
the official zoning map within which all properties and/or land uses are regulated by chapter 127.
Disturbed lands means the surface area of the land that is mined and all other land area in
which the natural land surface has been disturbed as a result of or incidental to mining activities.
Ditch irrigation means a method of crop irrigation whereby water is applied in small furrows
made by cultivation implements.
Domestic septage means all solid wastes containing human feces or residuals of such, which
have not been stabilized or disinfected. The term "domestic septage" does not include food service
sludges and industrial wastes.
Double-faced sign means a sign having two display surfaces not necessarily displaying the
same copy and which are parallel, back-to-back, and not more than 48 inches apart.
Drainage basin means the area defined by topographic boundaries which contributes
stormwater to a drainage system, estuarine waters, or oceanic waters, including all areas artificially
added to the basin.
Drainage facility means a system of manmade structures designed to collect, convey, hold,
divert, or discharge stormwater, including stormwater sewers, canals, detention structures, and
retention structures.
Dredge and fill mean the following:
(1) Dredging means the excavation, by any means, in the waters of the state or of the
United States.
(2) Filling means the deposition, by any means, of materials in waters of the state or of
the United States.
The landward extent of waters of the state and of the United States, for dredge and fill
jurisdictional purposes, shall be determined as provided in F.S. § 373.414, for waters of the
state, and in section 404 of the Federal Clean Water Act, for waters of the United States.
DRI application means an application for development approval of a development of regional
impact submitted pursuant to F.S. ch. 380.
Drip irrigation means a method of crop irrigation whereby water is applied slowly and under
low pressure to the surface of the soil or into the soil through such applicators as emitters, porous
tubing, or perforated pipe.
Due public notice means, as used in connection with the term "public hearing," publication
of notice of the time, place, and purpose of such hearing at least twice in a newspaper of general
circulation, with the first publication to be not less than 15 days prior to the date of the hearing and
the second to be at least five days prior to the hearing, not including Sundays and legal holidays.

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Dune means a mound or ridge of loose sediments, usually sand-sized sediments, lying
landward of a beach and extending inland to the landward toe of the dune, which intercepts the
100-year storm surge.
Dwelling means a building or portion thereof designed or used exclusively for residential
occupancy.
Dwelling type.
(1) Residential conversion unit. To be considered a conversion, any proposed alteration
must be confined to the interior of an already existing structural shell. Any proposal
to extend the sides or increase the height of an existing structure shall not be
considered a conversion and shall be required to meet the appropriate provisions
established in that district for that particular use.
(2) One-family or single-family dwelling. The term "one-family or single-family
detached dwelling" means a building containing only one dwelling unit with a
permanent fixed foundation. For regulatory purposes, the term "one-family or singlefamily detached dwelling" is not to be construed as including mobile homes, travel
trailers, housing mounted on motor vehicle, tents, houseboats, or forms of temporary
housing.
(3) Two-family or duplex dwelling. The term "two-family or duplex dwelling" means
one building containing only two dwelling units.
(4) Multiple-family dwelling. The term "multiple-family dwelling" means a building
containing two or more dwelling units, including duplexes, triplexes, and
quadraplexes.
(5) Townhouse or row dwelling. The term "townhouse or row dwelling" means two or
more dwelling units accommodating two or more families which are attached side
by side through the use of common party walls and which may have side yards
adjacent to each end unit. Each dwelling unit is generally two stories in height, but
may conceivably be either one story or three stories in height. The term "townhouse
(row dwelling)" shall be considered a multiple-family dwelling.
Dwelling unit means a single unit providing complete independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Easement means a retained or acquired right to use land for a specific purpose but which does
not convey fee simple title to that real property. In the case of an ingress/egress easement, the
minimum easement width shall be 35 feet. Structures may not be located within an easement except
for buffer walls, fences, drainage structures, and utility structures (including electric, cable,
telephone, etc.) specifically approved by the mayor and city council.
Effluent means nonpotable water discharged as waste from domestic or industrial sources.
Electric substation means an assemblage of equipment, for purposes other than generation or
utilization, through which electric energy in bulk is passed for the purposes of switching or
modifying its characteristics to meet the needs of the general public.
Emergency response plan means a contingency document which describes the location,
quantity, and type of hazardous wastes being handled by a user, along with an organized and

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coordinated plan of notification, containment, and evacuation implementation policies in the event
of an emergency.
Endangered and threatened species means flora and fauna identified by the United States
Fish and Wildlife Service's "List of Endangered and Threatened Wildlife and Plants" in 50 CFR
17.11-12, and fauna identified by the state fish and wildlife conservation commission. Endangered
species are so designated due to manmade or natural factors which have placed them in imminent
danger of extinction, while threatened species are so designated due to a rapid decline in number
and/or habitat such that they may likely become endangered without corrective action.
Environmentally sensitive means lands which, because some qualifying environmental
characteristic, are regulated by either the state department of environmental protection, the
Southwest Florida Water Management District, or any other governmental agency empowered by
law for such regulation.
Erect means to build, construct, attach, hang, place, suspend, or affix, and shall also include
the painting of wall signs. The term "erect" shall not apply to copy changes on existing permitted
signs.
Erected means and includes built, constructed, reconstructed, moved upon or any physical
operations on the land required for the building. Excavation, fill, drainage, and the like shall be
considered part of the erection.
Erosion means wearing away of the land surface by water, wind, ice or other geologic agents,
or by the activities of man, animals, or natural catastrophes.
Essential service installations means the erection, construction, alteration, or maintenance by
public utilities or municipal department or commissions of underground or overhead gas,
electrical, telephone transmission or distribution systems, including poles, wires, mains, drains,
sewers, pipes, conduits, cables, towers, fire alarm boxes, traffic signals, hydrants, and similar
equipment and accessories in connection therewith, including buildings, reasonably necessary for
the furnishing of adequate service by such public utilities or municipal departments or
commissions or for the public health or safety or general welfare.
Establishment means any commercial, industrial, institutional, educational, office, business,
or financial entity that functions as an economic unit, generally at a single physical location.
Estuary means a semi-enclosed, naturally existing coastal body of water in which saltwater
is naturally diluted by freshwater and which has an open connection with oceanic waters. The term
"estuaries" includes bays, embayments, lagoons, sounds and tidal streams.
Evacuation routes means routes designated by the county civil defense authorities or the
regional evacuation plan for the movement of persons to safety in the event of a hurricane.
Exceptions means circumstances to which the provisions of the comprehensive plan, by
definition, do not apply, such as development of regional impact development orders approved
prior to adoption of the plan.
Exempt signs means all signs for which permits are not required but which must, nonetheless,
conform to the other terms and conditions of this Land Development Code.
Expressway means a divided arterial highway designed for through traffic with full or partial
access control and generally with grade separations at major intersections.

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F.A.C. means the Florida Administrative Code, in its latest edition, as amended.
Facility. See Public facilities.
Family means one or more persons who live together in one dwelling unit and maintain a
common household. A family may consist of a single person or of two or more persons, whether
or not related by blood, marriage, or adoption. The term "family" may also include domestic
servants and gratuitous guests.
Family day care home means an occupied residence in which child care is regularly provided
for children from at least two unrelated families and which receives a payment, fee, or grant for
any of the children receiving care, whether or not operated for profit. A family day care home shall
be allowed to provide care for one of the following groups of children, which shall include those
children under 13 years of age who are related to the caregiver:
(1) A maximum of four children from birth to 12 months of age.
(2) A maximum of three children from birth to 12 months of age, and other children, for
a maximum total of six children.
(3) A maximum of six preschool children if all are older than 12 months of age.
(4) A maximum of ten children if no more than five are preschool age and, of those five,
no more than two are under 12 months of age.
Farm means any parcel of land which is used for gain in the raising of agricultural products,
livestock, poultry, and dairy products. The term "farm" includes necessary farm structures within
the prescribed limits and the storage of equipment used.
Fascia sign. See Wall sign.
Festoon means fabric, paper, plastic, or foil draped and bound at intervals.
Final cover means clean fill used to cover the top of a solid waste disposal site when fill
operations cease.
Final local development order means the final discretionary approval issued by the city prior
to the permit which allows commencement of construction or physical activity on the land and/or
an order or permit which allows commencement of construction or physical activity on the land
so long as the project has commenced and is continuing in good faith.
Financial feasibility means sufficient revenues are currently available or will be available
from committed funding sources for the first three years, or will be available from committed or
planned funding sources for years four and five, of a five-year capital improvement schedule for
financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax
revenues, impact fees, and developer contributions, which are adequate to fund the projected costs
of the capital improvements identified in the comprehensive plan necessary to ensure that adopted
level-of-service standards are achieved and maintained within the period covered by the five-year
schedule of capital improvements.
Fire flow means the rate of water flow from a hydrant, expressed in gallons per minute,
needed to extinguish fires.

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Fixed boundary means a line separating two or more land use categories which is
geographically fixed as represented on the official future land use map and not subject to
administrative modification.
Flexible boundary means a line separating two or more land use categories which, consistent
with published policy, is subject to limited administrative modification. Administrative
modification is intended strictly to obviate the need for trivial plan amendments.
Flag means a sign consisting of a piece of cloth, fabric or other non-rigid material.
Flashing sign means any sign which has blinking, flashing, or fluttering lights or illuminating
device having a changing light intensity, brightness, color or direction.
Freestanding sign means a sign not exceeding 25 feet in height which is attached to or is a
part of an upright support which stands removed from any other structure, and the base of which
rests in or upon the ground.
Floodplain, 25-year and 100-year, means land elevations which would become inundated by
a storm which occurs with a frequency of once every 25 years and 100 years, respectively.
Floor area, gross, means, as applied to off-street parking, all that area under the roof of the
structure. The term "gross floor area" does not allow for deduction of space for uses such as storage
space, office space, and other general administrative areas.
Floor area, living, means the aggregate of the horizontal areas of all rooms used for
habitation, such as living rooms, dining rooms, kitchens, bedrooms, and bathrooms, but not
including hallways, stairways, cellars, attics, service rooms or utility rooms, closets or unheated
areas such as enclosed porches, or rooms without at least one window or skylight opening onto an
outside yard or court. At least one-half of the floor area of every habitable room shall have a ceiling
height of not less than seven feet, and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the habitable floor area. The minimum
total window area, measured between stops, shall be ten percent of the habitable floor area of such
room.
Floor area of a building means the sum of the gross horizontal areas of the several floors of
a building and accessory buildings on the same lot, excluding cellar and basement floor areas not
devoted to residential use, but including the area of roofed porches and roofed terraces. All
dimensions shall be measured between exterior faces of walls.
Floor area ratio (FAR) means a formula for determining permitted building area as a multiple
of the area of the lot. For example, a floor area ratio of one applied to a 20,000 square foot lot
would permit a single story building of 20,000 square feet (20K/20K=1) or a building of any
number of floors whose cumulative square footage does not exceed 20,000 square feet.
Floor area retail, net, means all that space relegated to use by the customer and the retail
employee to consummate retail sales. The term "net floor area retail" includes display area used to
indicate the variety of goods available for the customer, but not to include office space, storage
space, and other general administrative areas.
Florida Building Code means the building code adopted by a municipality or county pursuant
to the requirements of F.S. § 553.73, as may be amended.

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Floridan Aquifer means the water-bearing layer of rock and/or soil which is the principal
source of potable water in the county.
Food service sludge means oils, greases, and grease trap pumpings generated in the food
service industry.
Foster care facility means a facility which houses foster residents and provides a family living
environment for the residents, including such supervision and care as may be necessary to meet
the physical, emotional, and social needs of the residents and serving either children or adult foster
residents.
Frontage means the length of the property line for a single parcel which runs parallel to and
along each public right-of-way, exclusive of alleys, it borders.
Frontage road means a collector road, public or private, which has, as its specific function,
the diversion of traffic from a parallel facility serving the same area.
Front yard. See Yard, front.
F.S. means the Florida Statutes, in its latest edition or supplement.
F.S. ch. 427 means a part of the Florida Statutes, as amended, that requires the coordination
of transportation services to the transportation disadvantaged for each county in the state.
Functional street classification means the assignment of roads into a classification system by
the state department of transportation or local government according to the character of service
they provide in relation to the total road network. Arterial, collector, and local streets are examples
of functional class and may be further subdivided into principal, major, or minor levels and into
urban or rural categories.
Functionally dependent facility means a facility which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or
seafood processing facilities. The term "functionally dependent facility" does not include storage,
manufacture, sales, or service facilities.
Garage, private, means an enclosed or covered space for the storage of one or more motor
vehicles, provided that no business, occupation, or service is conducted for profit therein nor space
therein for more than one car is leased to a nonresident of the premises.
Garage, public, means a building or structure where motor vehicles can be temporarily stored
or parked.
General merchandise, sale of, means commercial establishments that supply personal
consumer goods to the community and/or region.
General obligation bonds mean bonds that are backed by the full faith and credit of the local
government and must be approved by voter referendum. General obligation bonds offer lower
interest rates than other bonds because they are secured by the taxing power of the local
government.
Goal means a generalized statement of intent which reflects the needs and aspirations of the
community and its willingness to strive for its accomplishment.

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Government sign means any temporary or permanent sign erected by or on the order of a
public official or quasi-public entity at the federal, state or local government level in the
performance of any duty, including, but not limited to, noncommercial signs identifying a
government building, program or service (including bus or other public transit services), traffic
control signs, street name signs, street address signs, warning signs, safety signs, informational
signs, traffic or other directional signs, public notices of government events or actions, proposed
changes of land use, any proposed rezoning, or any other government speech. This term includes
signs erected on government property pursuant to lease, license, concession or similar agreements
requiring or authorizing such signs.in the performance of his office or duty, including, but not
limited to, traffic control signs, street name signs, warning and directional signs, public notices,
historical markers, signs identifying governmental facilities, official commemorative signs, or
signs of a similar nature.
Grade, establishing, means the elevation of the centerline of the streets as officially
established by the governing authorities.
Grade, finished, means the completed surfaces of lawns, walks, and roads brought to grade
as shown on official plans or designs relating thereto.
Grade I sludge means a stabilized sludge which does not exceed the following parameters:
(1) Cadmium: less than 30 milligram/kilogram dry weight.
(2) Copper: less than 900 milligram/kilogram dry weight.
(3) Lead: less than 1,000 milligram/kilogram dry weight.
(4) Nickel: less than 100 milligram/kilogram dry weight.
(5) Zinc: less than 1,800 milligram/kilogram dry weight.
Grade II sludge means a stabilized sludge which does not exceed the following parameters:
(1) Cadmium: 30—100 milligram/kilogram dry weight.
(2) Copper: 900—3,000 milligram/kilogram dry weight.
(3) Lead: 1,000—1,500 milligram/kilogram dry weight.
(4) Nickel: 100—500 milligram/kilogram dry weight.
(5) Zinc: 1,800—10,000 milligram/kilogram dry weight.
Grade III sludge means a stabilized sludge which exceeds the parameters used to define grade
II sludge.
Gross residential acre means and includes land committed to the explicit use of residential
buildings or contributory uses and structures such as streets, churches, parks, or common
accessible open space. However, sewer and water treatment plants, utility substations, solid waste
facilities, or similar uses and structures may not be included in the calculation of gross residential
acre.
Gross surface area, sign, means the entire area within a single continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or between any adjacent elements
of the same. However, such perimeter shall not include any structural or framing elements lying
outside the limits of such sign and not forming an integral part of the display.
Ground level means the grade at the base of a sign.

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Ground sign means any sign other than a pole sign which is placed upon or supported by
structures or supports in or upon the ground and independent of support from any building. The
base shall touch the ground and continue to the top of the sign without any openings, and the finish
shall be consistent with materials used on the building that the sign serves. The term "ground signs"
includes monument signs.
Groundwater means water beneath the surface of the ground within a zone of saturation,
whether or not flowing through known and definite channels.
Group home means a facility which provides a living environment for unrelated residents
who operate as the functional equivalent of a family, including such supervision and care as may
be necessary to meet the physical, emotional, and social needs of the residents. The term "group
home" includes adult congregate living facilities comparable in size to a dwelling unit. The term
"group home" shall not include rooming or boarding homes, clubs, fraternities, sororities,
monasteries or convents, hotels, residential treatment facilities, nursing homes, or emergency
shelters.
Grubbing means the removal of brush and vegetation where no tree four inches DBH or
greater shall be removed from the site. The term "grubbing" does not include any cut and/or fill.
Height (signs) means the vertical distance measured from the finished grade at the base of the
sign structure to the highest point of any sign. An elevation survey must be submitted with all
applications for permanent on-site and off-site signs.
High volume recharge means addition of water to the Upper Floridan Aquifer, which is equal
to ten inches per year per unit area of the Aquifer.
Historic means any area, district or site containing properties listed on the state master site
file or the National Register of Historic Places or designated by the city as historically,
architecturally, or archaeologically significant.
Historic preservation districts means an area delineated by local government which contains
one or more historically significant structures. Historical significance is typically established by
either an association with a renowned historical figure, a renowned historical event, or an
architectural style characteristic of a particular period in history.
Home occupation means any use customarily conducted entirely within a dwelling or in a
building accessory thereto, provided that the use does not occupy more than 25 percent of the
cumulative floor area, that only the inhabitants residing therein are engaged in the occupation, that
the use is clearly incidental and secondary to the use of the dwelling for residential purposes, that
the exterior appearance of the structure of the premises is constructed and maintained as a
residence, and that no goods are publicly displayed on the premises other than signs as provided
herein. The term "home occupation" includes, but is not limited to, the following occupations: the
professional practice of medicine, dentistry, architecture, law, and engineering; artists, beauticians,
barbers, and veterinarians, excluding stables, kennels, and the storing or using of heavy equipment
not ordinarily found in a residential area. No home occupation shall generate traffic in greater
volumes than would normally be expected in a residential neighborhood, and any need for parking
shall be met off the street.
Hospital means a building or group of buildings having facilities for overnight care of one or
more human patients, providing services to inpatients and Medicare to the sick and injured, and
which may include, as related facilities, laboratories, outpatient services, training facilities, central

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service facilities and staff facilities; provided, however, that any said related facility or service
shall be clearly incidental and subordinate to the principal hospital use and operation.
Hotel or motel means a building or group of buildings in which sleeping accommodations are
offered to the public and intended primarily for rental to transients with daily charge, as
distinguished from multiple-family dwellings and roominghouses or boardinghouses, where
rentals are for periods of a week or longer and where occupancy is generally by residents rather
than transients.
Hurricane evacuation clearance means the amount of time specified in the Pasco County
Hurricane Evacuation Plan Implementation Guide produced by the Tampa Bay Regional Planning
Council for the safe evacuation of hurricane vulnerable areas.
Hurricane preparedness plan means a document which specifies the safe and orderly
evacuation of residents and employees when an evacuation order is issued, including the closing
of all buildings for the duration of the hurricane evacuation order, prior identification of evacuation
routes out of the area, appropriate on-site preparations, and coordination with the office of disaster
preparedness for building closings, security and safety measures.
Hurricane vulnerability area means an area delineated by the Pasco County Hurricane
Evacuation Plan Implementation Guide produced by the Tampa Bay Regional Planning Council
which will require evacuation in the event of a category 3 storm event.
Hydraulic soil means soil that retains moisture for a sufficient amount of time to periodically
produce anaerobic conditions and is conducive for the growth of hydrophytic vegetation as
specifically listed in the publication "Hydric Soils of Florida," Florida Bulletin No. 430-6-2,
published by the United States Department of Agriculture, Soil Conservation Service.
Identification sign means a sign which depicts the name and/or address of a building or
establishment on the parcel where the sign is located as a means of identifying said building or
establishment.
Illuminated sign means a sign which either:
(1) Provides artificial light through exposed bulbs, lamps, or luminous tubes on the sign
surface;
(2) Emits light through transparent or translucent material from a source within the sign;
or
(3) Reflects light from a source intentionally directed upon it.
Illuminated sign means any sign which contains integral, artificial illumination or which is
artificially illuminated from an exterior source.
Impact fees means fees that are charged concurrent with new development and are designated
for infrastructure to serve the new development. Park, emergency medical, and road impact fees
are included in the general government category.
Impervious surface means a surface which has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water, including surfaces such as compacted

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sand, lime rock, shell, or clay, as well as most conventionally surfaced streets, roofs, sidewalks,
parking lots, and other similar structures.
Incompatible land use means the use of a parcel of land in a manner which interrupts, conflicts
with, or otherwise interferes with the use of a neighboring parcel of land such that the neighboring
land is impaired for its original intended use.
Industrial means the manufacturing, compounding, assembling, processing, packaging, or
treatment of raw material or other products.
Industrial district means any parcels of land or water zoned I-1 or any areas designated and
used for industrial purposes within a PUD district.
Industrial, light, means a land use plan classification which designates those areas of the city
which, subject to the application of the plan's goals, objectives, and policies, are potentially
suitable for industrial activities which create little or no objectionable external effect upon
neighboring land uses.
Industrial park means three or more parcels of land zoned I-1 designated for industrial
purposes within a PUD district, and designed, structured, and located so as to result in an integrated
industrial subdivision, development, or center.
Infrastructure means those manmade structures which serve the common needs of the
population, such as, but not limited to, sewage disposal systems, potable water systems, solid waste
disposal systems, stormwater systems, utilities, causeways, bridges, streets, wells, piers, docks,
breakwaters, bulkheads, seawalls, channels, and roadways.
Integrated commercial shopping center means a combination of five or more commercial
uses designed, structured, and located so as to result in an integrated shopping plaza, mall, or other
acceptable structural configuration.
Intensity means the degree to which a parcel of land is developed based upon use, size, or trip
(traffic) generation (see Floor area ratio).
Interceptor means that part of a sanitary sewer system which forms the junction of branch
lines and trunk lines.
Interior sign means a sign that is located in the interior of a structure or is located outside a
structure but, because of the sign's placement, design, or orientation, is not visible to persons from
a public place. An interior sign is not considered an on-site or off-site sign.
Junk means any worn, cast off, or discarded article or material which is ready for destruction
or which has been collected or stored for sale, resale, salvage, or conversion to some other use.
Any such article or material which, unaltered, need not be disassembled or unfastened, or that,
unchanged and without further reconditioning, can be used for its original purpose as readily as
when new, shall not be considered junk.
Junkyard, salvage yard or recycling center means a place, structure, or lot where junk, waste,
discarded, salvaged or similar materials, such as old metal, wood, slush, lumber, glass, paper, rags,
cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled,
packed, disassembled, stored or handled, including used lumber and building material yards,
housewrecking yards, heavy equipment wrecking yards and yards or places for the storage, sale or

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handling of salvaged housewrecking or structural steel materials. The term "junkyard" shall
include an automobile graveyard.
Kennel means any building or land used for the boarding, breeding, housing, training, or care
of more than nine dogs, cats, or other domestic animals kept for purposes of show, hunting, sale,
or personal use. The term "kennel" does not include riding stables.
Launderette means a business premises equipped with individual clothes washing machines
for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an
apartment house or an apartment hotel.
Level of service standard means the use capacity ratio determined by the city to be the
minimum acceptable standard of facility performance.
Lighting means and includes the following forms:
(1) Diffused means where the light passes from the source through a translucent cover
or shade.
(2) Direct or flood means where the source is visible and the light is distributed directly
from it to the object to be illuminated.
(3) Indirect means where the light source is entirely hidden, the light being projected to
a suitable reflector from which it is reflected to the object to be illuminated.
Limited access facility means a roadway especially designed for through traffic and over,
from, or to which owners or occupants of abutting land (or other persons) have no greater than a
limited right or easement of access.
Line, building. See Building line.
Line, building setback, means a building line which determines the location of a building or
structure with respect to any street lot line.
Line, street, means the dividing line between the street and the lot.
Littoral zone means the shore or coastal region.
Living area means the enclosed area of a dwelling unit which may be heated or air
conditioned, and excluding storage rooms, garages, carports, porches, and breezeways. The living
area of a mobile home shall be calculated by use of the outside measurements, excluding the yoke
or other outside attachments.
Local government development agreements means a form of privatization that is basically a
nondebt financing alternative that gets the private sector directly involved in the financing,
building, and operation of a facility. These agreements must include a phasing schedule showing
that public facilities will be available concurrent with the impacts of the proposed development, a
description of the public facilities with the general location and approximate date of construction,
and the parties responsible for the construction and operation of the facilities until they are deeded
to the city.
Local road means a roadway providing service which is of relatively low traffic volume, short
average trip length or minimal through traffic movements, and high volume land access for
abutting property.

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Lodginghouse means a building in which three or more rooms, but not more than 15, are
rented and in which no table board is furnished.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements
for use, coverage, width and area, and to provide such yards and other open spaces as are herein
required. The term "lot" may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of complete lots of record, of complete lots of record and portions of
lots of record, or of portions of lots of record; or
(4) A parcel of land described by metes and bounds.
Lot area means the area of a horizontal plane measured at grade and bounded by the front,
side, and rear lot lines.
Lot, corner, means a parcel of land at the junction of and abutting on two or more intersecting
streets.
Lot depth means the average horizontal distance between the front and rear lot lines.
Lot frontage means the horizontal distance measured along the front lot line between the side
lot lines.
Lot, interior, means a lot other than a corner lot.
Lot lines means the lines bounding a lot, as defined herein.
Lot, nonconforming, means a land parcel, however constituted, which does not meet all
minimum zoning requirements as set forth within the definition of lot.
Lot of record means land designated as a separate and distinct parcel on a legally recorded
subdivision plat or in a legally recorded deed filed in the records of the county.
Lot width means the minimum permissible width of a lot as measured horizontally along the
front building line.
Major structure means and includes, but is not limited to, residential buildings, including
mobile homes, commercial, institutional, industrial, and other construction having the potential for
substantial impact on coastal zones.
Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for
a copious development of interlacing adventitious roots above the ground and which contain one
or more of the following species: Black Mangrove (Avicennia nitida), Red Mangrove (Rhizophora
mangle), White Mangrove (Languncularia racemosa), and Buttonwood (Conocarpus erecta).
Marina means an establishment with a waterfront location which may provide for the
refueling of watercraft used for recreation or commercial purposes, and providing repair services
for such craft. A marina may also provide wet or dry, covered or uncovered storage. The term
"marina" may include onshore accessory service uses, a food service establishment, laundry or
sanitary facilities, sundries store, boat sales establishments, and other customary accessory
facilities.

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Marquee sign means any sign which is attached to or hung from a permanent, roof-like
structure (marquee) which is supported by a building wall and which projects out from the building
line, usually, but not necessarily, over a public right-of-way such as a sidewalk.
Massage parlor means any business or establishment where sexually oriented massages are
rendered. The term "massage parlors" shall not include businesses or establishments where
massages are rendered strictly for therapeutic purposes or purposes which are not primarily of a
sexual nature.
Master plan means a concept preliminary site plan of a proposed development delineating
general locations for uses such as streets, residential (single and multiple), commercial, industrial,
and recreational.
Mean annual flood means a naturally occurring inundation of land along the periphery of
water bodies or courses at a frequency of once every 2½ years, as defined by the United States
Geological Survey.
Mean high-water line means the intersection of the tidal plane of mean high water with the
shore. The term "mean high-water" means the average height of high waters over a 19-year period.
Mean sea level means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this Land
Development Code, the term is synonymous with National Geodetic Vertical Datum (NGVD) or
its successor.
Memorial sign means any sign erected in remembrance of a person or event or which is
commemorative in nature.
Metropolitan planning organization means a transportation planning and zoning board
consisting of elected representatives from county and municipal governments that establishes
transportation policies for the entire county.
Mixed use development means a special class of planned unit development in which two or
more different land uses are physically and functionally integrated on the same site, and which
demonstrate conformance with a coherent overall development plan. Such districts provide the
ultimate in flexibility and design.
Mobile home means a structure, transportable in one or more sections, 12 body feet or more
in width, and over 40 feet in length, which is built upon an integral chassis and designed to be used
as a dwelling unit with or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical systems contained therein. If
fabricated after June 15, 1976, each section shall bear a HUD label certifying that it was built in
compliance with Federal Manufacturing Home Construction and Safety Standards, 42 USC 5401
and 24 CFR 3282 and 3283.
Mobile home park means a mobile home development consisting of a parcel of land under
single ownership which has been or is proposed to be planned and improved for the placement of
mobile homes for nontransient use.
Mobile home subdivision means a mobile home development consisting of a parcel of land
not under single ownership which has been or is proposed to be divided into three or more parcels
improved for placement of mobile homes for nontransient use. The term "mobile home
subdivision" may include a mobile home condominium.

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Model sign means a temporary sign that designates particular dwelling units and is used to
depict other units of similar design that are for sale.
Modular or factory-built home means a closed structure building assembly or system of
subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other
service systems manufactured in manufacturing facilities for installation or erection, with or
without specific components, as a finished residential building or as part of a finished residential
building. The term "modular or factory-built home" shall not apply to mobile homes. The term
"manufactured, modular or factory-built home" may also mean, at the option of the manufacturer,
any building of open construction made or assembled in manufacturing facilities away from the
building site or installation, or assembly in installation, on the building site.
Modular housing means a type of manufactured housing in which the components (modules)
consist of entire rooms which are transported to and assembled on site.
Motel means any group of attached or detached buildings containing individual sleeping or
housekeeping units designed for transients, including an auto court, motor court, motor lodge, or
cabins.
Motor hotel, motor lodge. See Hotel or motel.
Multiple occupancy parcel means a parcel which is occupied by more than one establishment.
Multiprism sign means signs made with a series of triangular vertical sections that turn and
stop to show three pictures or messages in the copy area.
Municipal services taxing unit means an area which receives a service for which the residents
are assessed a certain charge to fund such service.
National ambient air quality standards means restriction established by the Environmental
Protection Agency pursuant to section 109 of the Clean Air Act to limit the quantity or
concentration of an air pollutant that may be allowed to exist in the ambient air for any specific
period of time. Those air pollutants for which standards exist are: carbon monoxide, lead, nitrogen
dioxide, ozone, sulfur dioxide, and total suspended particulate.
National Geodetic Vertical Datum (NGVD) or its successor means, as corrected in 1929, a
vertical control used as a reference for establishing varying elevations within the floodplain.
Native means flora and fauna which naturally occur in the city, not to mean naturalized or
indigenous species which originate from outside the west central state area.
Natural resources means biological, geological, or physical features which provide a range
of benefits for all citizens of the city. The term "natural resources" includes, but is not limited to,
bays, rivers, streams, lakes, swamps, springs, marshes, minerals, open water impoundments,
groundwater aquifers, forests, and all naturally occurring fauna thereof.
Navigable water body means a water body in which a small pleasure craft with an outboard
motor could be used for recreation.
Neighborhood park means a park designed to serve the population of a single neighborhood
and generally accessible by bicycle or by foot.
Net weight means the actual scale weight in pounds, with complete catalog equipment, as
defined in F.S. § 320.01(6).

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New construction means structures for which the start of construction commenced on or after
the effective date of the ordinance from which this Land Development Code is derived.
No dumping sign means a sign having copy that includes the words "No Dumping" and which
is designed to inform the public that permission to place any putrescible or nonputrescible material
or other solid or liquid waste is expressly denied.
No tree verification statement means a signed, notarized statement by the owner or his agent
stating that no trees exist upon the site.
No trespassing sign means a sign having copy that includes the words "no trespassing" and
which is designed to inform the public that permission to enter a parcel of land or structure is
expressly denied.
Nonattainment means any area not meeting ambient air quality standards and designated as a
nonattainment area under F.A.C. 62-204.240 for any of the National Ambient Air Quality
Standards' listed pollutants.
Nonconforming lot, structure, use of land and/or structure. See chapter 103, article V of this
Land Development Code.
Nonconforming sign means any sign lawfully in existence within the city on the effective date
of the ordinance from which this Land Development Code is derived which does not conform to
the requirements of this Land Development Code. An illegal sign shall not be considered to be a
nonconforming sign.
Nonpoint source pollution means any source of air or water pollution which is not attributable
to a discernible, confined, or discrete conveyance.
Nuisance means the use of any property, facilities, equipment, processes, products, or
compounds or the commission of any acts in connection with the disposal of waste material which
results in one of the following conditions:
(1) The discharge into any waters or disposal or land application of any waste materials
containing organic or inorganic matter, deleterious substances, or chemical
compounds, in such quantities, proportions or accumulations as to create an offensive
odor detectable by the human senses at a point one-half mile beyond the property
limits of the premises occupied or used by the person responsible for the source
thereof so as to cause severe annoyance or discomfort which tends to lessen normal
food and water intake, to produce symptoms of nausea, which is offensive or
objectionable to or causes injury or damage to real property, personal property, or
human, plant, aquatic, or animal life of any kind, which interferes with the normal
conduct of business, or which is detrimental or interferes with the health, comfort,
living conditions, welfare or safety of the inhabitants of the city.
(2) The creation, maintenance, or causing of any condition resulting in breeding of flies,
mosquitoes, or other arthropods capable of transmitting diseases, directly or
indirectly to humans.
(3) A violation of the provisions of this Land Development Code which becomes
detrimental to health, threatens danger to the safety of persons or property, gives
offense to, is injurious to, or endangers the public health and welfare, or prevents the
reasonable and comfortable use and enjoyment of property by the public.

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Nursing or convalescent home means a private home, institution, building, residence or other
place, operated for profit or not, including any place operated by a unit of government, which
undertakes, through its ownership or management, to provide, for a period exceeding 24 hours,
maintenance, personal care or nursing for three or more persons not related by blood or marriage
to the operator and who, by reason of illness, physical or mental infirmity, or advanced age, are
unable to care for themselves.
Objective means a specific, measurable, intermediate step which is achievable and marks
progress toward a goal.
Odor means that property of a substance which materially offends the sense of smell.
Off-premises sign. See Outdoor advertising sign.
Off-site sign. See Outdoor advertising sign.
Office, business, means an office for such activity as a real estate agency, advertising agency
(but not sign shop), insurance agency, travel agency (including ticket sales), chamber of
commerce, credit bureau, abstract and title agency, insurance company, stockbroker, and the like.
It is characteristic of a business office that retail or wholesale goods are not shown to or delivered
from the premises to a customer. A barbershop or beauty shop is not a business office.
Office, professional, means an office for use of persons generally classified as professionals,
such as architects, engineers, attorneys, accountants, doctors, dentists, psychiatrists, psychologists,
and the like. It is characteristic of a professional office that display advertising is prohibited as
unethical practice and that the use is characterized principally by the offering of consultive
services.
On-premises sign. See On-site sign.
On-site sign (on-premises sign) means any sign upon which commercial or noncommercial
advertising or any other matter may be displayed; advertising goods, services, or other things sold
or available upon the parcel where the sign is located. Any authorized or permitted on-site sign is
allowed to contain noncommercial copy in lieu of any other permitted copy.
Open space means land devoid of any structures or buildings other than minor pavilions,
landscape structures or terraces, and designed and maintained for recreation or leisure time
enjoyment.
Outdoor advertising sign (billboard, off-site sign, off-premises sign) means a sign structure
advertising an establishment, merchandise, service, or entertainment which is not sold, produced,
manufactured, or furnished at the property on which the sign is located, regulated by section 12113 of this Land Development Code.
Package plant means a small, usually temporary, wastewater treatment facility.
Parcel means any quantity of land capable of being described with such definiteness that its
locations and boundaries may be established, and which is designated by its owner or developer
as land to be used or developed as a unit.
Parking lot means an open area or plot of paved land used exclusively for the storage or
parking of motor vehicles, but where no vehicles are equipped, repaired, rented, or sold.
Parking space, off-street, means a space intended for the parking of an automobile or other
vehicle and meeting all applicable requirements of this Land Development Code.

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Parks means areas dedicated for recreational use which are characterized by natural and
landscape features. Parks may provide user-oriented and resource-based recreation, depending on
size, site characteristics, and use.
Pasco county means all areas within the unincorporated area of the county.
Pennant means any flag-like or streamer-like piece of cloth, plastic, or paper attached to any
staff, cord, building, or other structure at only one or two edges, the remainder hanging loosely.
Permanent control point. See F.S. § 177.031.
Permanent reference monument. See F.S. § 177.031.
Permanent sign means a sign which is affixed to a building or the ground in accord with the
requirements of this Land Development Code and any other applicable federal, state, or local laws,
and in such a manner as to be immobile without the use of extraordinary means such as
disassembly.
Person means a corporation, company, association, society, firm, partnership, or joint stock
company, as well as an individual, state, political subdivision of a state, or any agency or
instrumentality thereof.
Personal service use means a use intended primarily to provide direct and personal service to
its customers, including such uses as a barbershop, beauty shop, tailor shop, shoe repair shop,
laundry pickup station, watch repair shop, and the like.
Planned unit development means a large-scale project constructed by a single owner or group
of owners acting jointly and involving a related group of uses planned, developed, and regulated
as an entity. Such developments are compactly arranged individually and/or multifamily dwelling
units grouped in or around common open spaces, together with public and semipublic uses and
recreation facilities provided they are functionally integrated so that the character of the
development conforms to the purpose and intent of this Land Development Code. Such
developments shall include the necessary covenants or other legal provisions and financial
programs as will ensure conformity to achievements of the comprehensive development plan. In
the context of planned unit developments, the following terms shall apply:
(1) Average lot area means the actual size of the building lot, calculated by subtracting
the street rights-of-way, utility easements, and common areas from the total
developed area, then dividing this remainder in to the total number of lots to be
developed.
(2) Common areas means the land areas set aside for joint recreational (active or
passive), aesthetic or density requirement purposes.
(3) Net land area means the total acreage of the planned unit development, including
both common areas and development lots minus street right-of-way and utility
easements.
(4) Net lot area means the net land area divided by the total number of lots developed.
(5) Total developed area means the total acreage of the planned unit development.
(6) Usable open space means an area devoted to outdoor recreational space, greenery,
and/or services for household activities which are normally carried on outdoors. The
area is accessible and available to all occupants of the dwellings. It does not include

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streets or roadways open to vehicular traffic or individual parking spaces or loading
space.
Plat means a map or drawing depicting the division of lands into lots, blocks, parcels, tracts,
sites, or other divisions, however designated. The term "plat" includes "replat," "amended plat,"
or "revised plat."
Point source discharge means the release of degraded water through a discernible, confined,
or discrete conveyance including, but not limited to, pipes, ditches, channels, tunnels, conduits, or
wells. The term "point source discharge" does not include return flows from irrigated agriculture.
Pole sign means a sign, independent of support from any building, that is mounted on
freestanding poles or other supports so that the bottom edge of the sign face is eight feet or more
above grade.
Policy means a guide to decision making derived from goals and objectives which represents
the official position of the city.
Political sign means a sign identifying and urging support for or opposition to a particular
issue, political party, or candidate for public office.
Pollution means the presence of contaminants in the air, water, or soil which is known to be
harmful or potentially harmful to the health of living beings.
Porch or stoop means a covered or uncovered area with floor at a front, side, or rear door.
Portable sign means any sign other than a sandwich sign, double or single-faced, which is
not permanently erected on the site and which may readily be moved from place to place; provided
that this definition shall not apply to signs painted directly on vehicles or signs displayed through,
but not on, windows.
Portable sign means any sign which is not permanently fixed in place and which may readily
be moved from place to place, irrespective of whether said sign may be temporarily attached to
the ground of to a building or structure.
Potable water means water which is satisfactory for drinking, culinary, and domestic
purposes, and meets the requirements of the state department of environmental protection.
Potbellied pig means and is commonly referred to as the Vietnamese, Oriental, or Chinese
Potbellied Pig (Sus scrofa vittatus) or (Sus scrofa domestica). When registered as such, a potbellied
pig shall be considered a household pet, not livestock, and shall be limited to one per household.
The potbellied pig shall be governed under the animal control ordinance, chapter 8 of the Code of
Ordinances.
Premises means any lot, parcel, or tract of land and any building constructed thereon.
Primary antenna support structure means a suitable mounting support or structure upon
which an antenna is attached or affixed. Primary antenna support structures may be affixed to the
ground, a building, a roof, or other appropriate structure in accordance with manufacturer's
specifications. Such structures may be constructed of steel, aluminum, concrete, wood, or any
other suitable material.

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Primary tributaries means water bodies shown on the most recent United States Geological
Survey quadrangle sheets as having perennial flow which eventually drain into any permanent
open water body.
Principal building means a building in which is conducted the dominant use of the lot on
which it is situated.
Principal use means the primary use of any lot or land parcel, with other uses thereon being
clearly of a secondary or accessory nature.
Private club means an organization catering exclusively to members and their guests, or
premises and building on which such catering is done, for recreational or athletic purposes which
are not conducted primarily for gain, provided that any vending stands, merchandising, or
commercial activities are conducted only as required generally for the membership of such club.
Private water system means a well, spring, cistern, or other similar source of water and
appurtenances of piped water for human consumption and other domestic purposes used only by
individual family living units, including private homes, duplexes, or multifamily dwellings of four
units or less.
Processing means the transporting, washing, sizing, flotation, storage, drying, grinding, and
shipping of mined material and all activities reasonably related thereto.
Projecting sign means any sign which is attached to and which projects from the outside wall
of any building or structure, excluding wall signs.
Property (ad valorem) taxes means and are based on a millage rate, one mill being the
equivalent of $1.00 per $1,000.00 of assessed value, or one-tenth of one percent, which is applied
to the total taxable value of all real property and other tangible personal property.
Proportionate fair-share mitigation for transportation means a process by which a developer
may choose to satisfy all concurrency requirements for transportation by contributing or paying
his calculated fair-share if transportation facilities or facility segments identified as mitigation for
traffic impacts are specifically identified for funding in the five-year schedule of capital
improvements in the capital improvements element of the comprehensive plan or payments to such
facilities or segments are reflected in the five-year schedule of capital improvements in the next
regularly scheduled update of the capital improvements element, or programmed for construction
in the five-year capital facility plan or work program of the agency having responsibility for the
transportation improvement.
Public access means the ability of the public to physically reach, enter, or use recreation sites,
including beaches and shores.
Public facilities means publicly owned, operated, franchised, licensed, or regulated facilities
which provide water, sewer, solid waste drainage, and transportation services to the residents and
visitors of the city.
Public place means any public right-of-way, river, channel, lake, bay, body of water, or public
park, or any adjacent parcel under separate ownership.
Public right-of-way means land reserved for use as a road, street, alley, crosswalk, pedestrian
way, or other public purpose.

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Public school means and shall consist of kindergarten classes, elementary and secondary
school grades, university and community colleges, and special classes authorized by law to be
operated under the control of the state system of public education.
Public service commission regulated systems means utility systems which come within the
jurisdiction of the public service commission, generally those which serve 100 or more individuals
on a daily basis and which charge a fee for service.
Public services means services provided by the city which may or may not be associated with
capital infrastructure, such as, but not limited to, police, fire, health, education, library, and social
services.
Public uses, appropriate, means and includes public and semipublic uses of a welfare and
educational nature, such as hospitals, nursing homes, schools, parks, churches, cemeteries, civic
centers, historical restorations, fire stations, municipal buildings, essential public utilities that
require enclosure within a building, airport, fraternal clubs and homes, and nonprofit recreational
facilities.
Public water system means a system for the provision to the public of piped water for human
consumption if such system has at least 15 service connections or regularly serves at least 25
individuals daily for at least 60 days out of the year.
Pump stations mean those components of a water and/or sanitary sewer system which place
pipe contents (water or wastewater) under pressure in order to facilitate its travel.
Real estate sign means a sign which advertises the sale, rental, or development of the parcel
upon which it is located.
Receiving water means the surface water area into which an industrial, domestic, or
stormwater pollution point source enters after appropriate water quality treatment.
Recovered water means wastewater which has been treated and is suitable for nonpotable
purposes, such as industrial or agricultural use.
Recreation means leisure activities or pursuits, especially those that are conducted outdoors.
Recreation/open space means a land use plan designation for major recreation facilities.
Recreational services means organization of leagues for softball, soccer, etc., organization of
activities such as dances, nature walks, etc., maintenance of facilities, and providing security (e.g.,
rangers and lifeguards).
Recreational vehicle means a recreational vehicle type unit primarily designed as temporary
living quarters for recreational, camping, or travel use, which either has its own mode of power or
is mounted on or drawn by another vehicle. The term "recreational vehicle" includes the following
types:
(1) Boat means a vessel designed to travel on water.
(2) Boat trailer means a trailer designed to haul a boat.
(3) Camping trailer means a vehicular portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold or collapse for towing by another
vehicle to provide temporary living quarters for recreational, camping, or travel use.

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(4) Motor home means a vehicular unit built upon a self-propelled motor vehicle chassis
primarily designed to provide temporary living quarters for recreational, camping, or
travel use.
(5) Noncommercial utility trailer means a trailer designed to haul items.
(6) Park trailer means a vehicular transportable unit having a body width not exceeding
14 feet built upon a single chassis design to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and
appliances. Total area in setup mode shall not exceed 500 square feet when measured
from the exterior surface of the exterior walls at the distance of maximum dimension.
Bay windows or other extensions reaching the floor level shall be included within
area calculations.
(7) Pickup coach/truck camper means a portable unit designed to be loaded onto or
affixed to a pickup or other truck chassis and constructed to provide temporary living
quarters for recreational, camping, or travel use.
(8) Travel trailer means a vehicular, transportable unit identified by the manufacturer as
a travel trailer, whether mounted on wheels or not, designed and constructed
primarily to provide temporary living quarters for recreational, camping, or travel
use. It has a body width of no more than 8½ feet and an overall body length of no
more than 40 feet, when factory equipped for the road. The term "travel trailer"
includes fifth-wheel travel trailers.
Regional park means a park which is designated to serve two or more communities.
Regional shopping center means a commercial center providing shopping goods, general
merchandise, apparel, furniture, and home furnishings in full depth and variety. A regional
shopping center shall contain 30 or more acres and a minimum gross leasable area of 400,000
square feet.
Residential treatment and care facilities means any nongovernmentally owned and operated
building, residence, private home, boardinghome, or other place, whether operated for profit or
not, which undertakes, through its ownership or management, to provide, for a period exceeding
24 hours, housing and food services, personal services, and physical or mental health care services
for seven or more persons who require such services and who are not related to the owner or
operator by blood, marriage, or adoption. Where consistent with this definition, the term
"residential treatment and care facilities" shall include, but not be limited to, group homes, adult
congregate living facilities, homes for the physically, developmentally, emotionally, or mentally
disabled, homes for abused children or spouses, runaway shelters, residential centers for drug or
alcohol treatment or rehabilitation, orphanages and juvenile detention centers.
Residential use means any occupied structure or part thereof which is designed exclusively
for human habitation on a continuous basis, i.e., having hot and cold running water and adequate
facilities for heating, cooking, sleeping, and the sanitary elimination of wastes. Hotels, motels, and
temporary lodging facilities are specifically excluded from the term "residential use."
Residential zoning district means any established zoning district having the prefix "R" within
its zoning map symbol and the word "residential" within its title.

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Restaurant means an establishment where food is ordered from a menu, prepared and served
for pay primarily for consumption on the premises in a completely enclosed room under the roof
of the main structure or in an interior court. A cafeteria shall be deemed a restaurant for the
purposes of this LDC.
Restaurant, drive-in, means a restaurant offering the service of food and/or beverages to
patrons remaining in a vehicle. In addition, a restaurant which provides outdoor eating facilities
accessible to patrons other than from within a building or which dispenses food to patrons through
a takeout window shall be considered a drive-in restaurant.
Retail business means an establishment where goods are displayed and offered for purchase
directly by the intended consumer or user of said goods.
Revolving sign (rotating sign) means any sign so erected or constructed as to periodically or
continuously change the direction toward which any plane containing the display surface area is
oriented.
Right-of-way means land in which the state, the county, or a municipality owns the fee simple
title or has an easement dedicated or required for a transportation or utility use.
Roof sign means any sign erected, constructed, or maintained on the roof of any building
above the eaves or above mansards, parapets, or other similar architectural features of buildings or
structures which are capable of supporting signs. A roof sign is part of the structure for purposes
of determining the height of the structure for zoning height restrictions.
Roofline means the top edge of roof or parapet, whichever forms the top line of the building
silhouette when viewed from ground level.
Roominghouse means a building arranged or used for sheltering for compensation, with or
without meals, for more than three and not more than 20 individuals who are not members of the
resident manager's family. The term "roominghouse" shall include a boardinghouse or a
lodginghouse.
Rotating sign. See Revolving sign.
Row house. See Townhouses.
Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
Sandwich sign means a sign which consists of one or two sign faces connected at the top with
either hinges or fixed fastening devices, is not permanently erected on the site, and may readily be
moved from place to place.
Sanitarium or sanatorium means a private hospital, whether or not such facility is operated
for profit.
Seasonal high-water line means the line formed by the intersection of the rising shore and the
elevation of 150 percent of the local tidal range above mean high water.
Seasonal residence means a dwelling, cabin, lodge, summer home, or travel trailer which is
intended for occupancy less than 182 days of the year.
Seawall means a manmade wall or embankment, except riprap, which is made to break the
force of waves, and to protect the shore from erosion.

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Section 8 project means a federal rental assistance program.
Septage means domestic septage which has been properly stabilized.
Septic tank means a watertight receptacle constructed to promote separation of solid and
liquid components of wastewater, to provide limited digestion of organic matter, to store solids,
and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption
system.
Service, essential. See Essential service installation.
Service station. See Automotive service station.
Setback means a physical distance from a structure or natural resource which serves to
minimize the effects of development activity and for which it may be necessary to restrict activities
for the area; or the physical distance between a structure and the property line.
Setback line means an imaginary line running parallel to a front, side, or rear property line
and establishing the rear edge of a yard or open area in which no building, structure, or use may
be placed or established, except as may be specifically authorized within this LDC.
Sewerage system means a network of drains and sewers used to collect liquid and solid wastes
for subsequent treatment or disposal.
Sewerage system, central, means and includes pipes, pumps, tanks, treatment plants, and all
other appurtenances which serve three or more lots or which serve any multifamily, commercial,
industrial, instructional, or other use where the total sewage flow exceeds 2,000 gallons per day.
Sewerage system, individual, means a system of piping, tanks, or other facilities serving only
one lot.
Shared or adjacent corridors means electric bulk transmission corridors that share nonelectric
utility uses, such as gas pipelines, telephone conduits, water, or sewer pipelines, or are adjacent to
other utility and road corridors.
Shellfish harvesting area means coastal waters classified by the state department of
agriculture and consumer services for the harvesting of shellfish. Classifications are based on
bacteriological and sanitary surveys which define levels of bacteriological pollution and document
all possible sources of pollution, both actual and potential. Waters are classified as approved,
conditionally approved, restricted, conditionally restricted, prohibited and unclassified pursuant to
F.A.C. 5L-1.003.
Sign means any device, fixture, placard or structure, including its component parts, which
drawsname, identification, description, display, or illustration which is affixed to or represented
directly or indirectly upon a building, structure, or piece of land and which directs attention to an
object, product, place, activity, opinion, person, institution, organization or place of business, or
which identifies or promotes the interests of any person and which is to be viewed from any public
street, road, highway, right-of-way or parking area. For the purposes of this chapter, the term Sign
shall include all structural members. A sign shall be constructed to be a display surface or device
containing organized and related elements composed 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 to be a single sign. The term Sign for purposes of this
chapter shall not include the following objects: . However, signs which are painted upon a wall of

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a building shall not be subject to the provisions of this Land Development Code. The term "sign"
shall not include any display of official court or public office notices or any official traffic control
device, nor shall it include the flag, emblem, or insignia of a nation, political unit, school or
religious group. The term "sign" shall not include a sign located completely within an enclosed
building unless the context shall so indicate. Each display surface of a sign shall be considered to
be a sign.
1. Decorative or structural architectural features of buildings (not including lettering,
trademarks or moving parts);
2. Symbols of noncommercial organizations or concepts including, but not limited to,
religious or political symbols, when such are permanently embedded or integrated into the
structure of a permanent building which is otherwise legal;
3. Items or devices of personal apparel, decoration or appearance, including tattoos,
makeup, costumes (but not including commercial mascots);
4. Manufacturers’ or seller’s marks, emblems, model names or color schemes installed on
automobiles, machinery or equipment visible from a public area;
5. The display or use of fire, fireworks or candles;
6. Motor vehicle or vessel license plates or registration insignia;
7. Gravestones and cemetery markers visible from a public area;
8. Newsracks and newsstands;
9. Artwork that does not constitute commercial advertising visible from a public area;
10. Decorations that do not constitute commercial advertising visible from a public area;
11. Vending machines or express mail drop-off boxes visible from a public area.
Sign, bulletin, means a flat sign with changeable copy capability.
Sign, clock-temperature, means a time or temperature indicator which also bears on its face
or structure information other than the name of the manufacturer, directions for its use, or the time
or temperature.
Sign, directional, means any sign utilized only for the purpose of indicating the location or
direction of any object, place or area, or for guiding traffic.
Sign, directory, means a sign which gives the name, use, and/or occupation of the occupants
of a building, shopping center, professional center, church, apartment house or townhouse
complex.
Sign, double-faced, means a sign which has two display surfaces backed against the same
background, one face of which is designed to be seen from one direction and the other from the

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opposite direction, every point on each face being either in contact with the other face or in contact
with the same background.
Sign, flashing, means any sign which has blinking, flashing, or fluttering lights or other
illuminating device having a changing light intensity, brightness, color or direction.
Sign, freestanding, means a sign not exceeding 25 feet in height which is attached to or is a
part of an upright support which stands removed from any other structure, and the base of which
rests in or upon the ground.
Sign, gross surface area of, means the entire area within a single continuous perimeter
enclosing the extreme limits of such sign and in no case passing through or between any adjacent
elements of the same. However, such perimeter shall not include any structural or framing
elements lying outside the limits of such sign and not forming an integral part of the display.
Sign, ground, means any sign supported by uprights or braces placed upon, or in, the ground
and not attached to any building. The term "ground sign" includes "pole sign."
Sign, illuminated, means any sign which contains integral, artificial illumination or which is
artificially illuminated from an exterior source.
Sign, off-site, means a sign other than an on-site sign.
Sign, on-site, means a sign relating in its subject matter to the premises on which it is located
or to products, accommodations, services or activities on the premises. The term "on-site sign"
does not include signs erected by the outdoor advertising industry in the conduct of the outdoor
advertising business.
Sign, portable, means any sign which is not permanently fixed in place and which may readily
be moved from place to place, irrespective of whether said sign may be temporarily attached to
the ground or to a building or structure.
Sign, wall, means a sign affixed directly to, painted upon or otherwise inscribed on an exterior
wall, confined within the limits thereof, and projecting not more than 12 inches at any point from
the wall surface.
Sign, window, means any sign placed in a window or displayed so as to be seen through a
window and displayed on a temporary basis for not more than four weeks.
Shoppers' goods, sale of, means commercial establishments that, in addition to serving dayto-day commercial needs of a community, also supply the more durable and permanent needs of a
community, including, but not limited to, apparel and footwear stores, appliance stores, art supply
stores, automotive supply stores, gasoline sales, drug stores, drinking establishments, farm supply
stores, florists, furniture and home furnishing stores, gift shops, gun and ammunition sales,
hardware stores, hobby, toy, and craft stores, jewelry stores, lawn and garden supply stores,
musical instrument and supply stores, novelty and souvenir shops, office equipment stores,
opticians and optical supply stores, paint and wallpaper stores, pet shops, radio and television sales
stores, sporting goods stores, supermarkets, trading stamp redemption stores, variety stores, and
coin-operated laundry and dry cleaning facilities where no work is done on the premises for retail
outlets elsewhere.
Shopping center means an integrated unit of two or more retail business establishments that
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Shoreline means interface of land and water in oceanic and estuarine conditions which
follows the general configuration of the mean high-water line (tidal water) and the ordinary highwater mark (freshwater).
Sight triangle. See Clear sight triangle.
Significant habitat of threatened and endangered species means an area which, due to its
function and character, provides viable nesting, foraging, or other critical component of a species
life cycle.
Silviculture means forestry agriculture, tree farming, or harvesting activities which are
conducted for commercial use or conservation management.
Single boat docking facility means a structure for the uncovered storage of watercraft which
serves a single residential building containing only one dwelling unit on a single building lot.
Single-family dwelling unit means a structure designed for occupancy by a single-family or
household. Single-family dwelling units may be attached to one another as in row or townhouses
or detached from one another as by side yards. Single-family dwelling units are characterized by
a ground floor entrance, except where flood regulations specify otherwise, and the absence of
another dwelling unit above.
Single occupancy parcel means any parcel which is occupied by a single establishment.
Site means land and all structures and articles appurtenant or attached thereto which are
owned, leased, occupied, or controlled by a person.
Site area means the total area of a lot, tract, or parcel which is developed or intended for
development for a specific integrated purpose, and shall include all streets and other public rightsof-way and common open space.
Site owner means a person owning or managing a site upon which waste disposal or land
spreading operations are conducted.
Slow speed zone means a designated area within which it has been established that manatees
are known to congregate. In a slow speed zone, motorboat operators shall not proceed at a speed
greater than is reasonable and prudent to avoid either intentionally or negligently annoying,
molesting, harassing, disturbing, colliding with, injuring, or harming manatees, and shall operate
such motorboat in accordance with legal requirements and the duty of all persons to use due care
under the circumstances.
Sludge means the wet byproduct of wastewater treatment containing suspended solids and
semisolids.
Snipe sign means a sign made of any material when such sign is tacked, nailed, posted, glued,
or otherwise attached to any pole, tree or other natural feature, fence, fence post, bench, stakes,
other sign, or other similar objects located on public or private property. The term "snipe sign"
does not include real estate sales signs, warning signs, or open house signs.
Soils excessively drained to very poorly drained means as defined by the United States
Department of Agriculture and the Soil Conservation Service.
Sold sign means a strip of wood or like material or paper affixed to, around, or upon a real
estate sign to indicate that the property being advertised is no longer offered for sale.

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Solid waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works, water supply treatment plant, or air pollution control facility,
or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations. Recovered materials are not solid waste.
Solid waste facility means structures or systems designed for the collection, processing, or
disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing
plants, recycling plants, and disposal systems.
Special event sign means a sign, not within the scope of another defined term of this section,
advertising a temporary event sponsored by a public, social, charitable, educational, religious, or
other nonprofit institution.
Special exception means the granting of a modification of the provisions of this Land
Development Code, as authorized in specific instances listed, and under the terms, procedures, and
conditions prescribed herein. Special exceptions are heard by the board of adjustments and
approval by the mayor and city council.
Species management areas for species of special concern means any wildlife management
area specifically established pursuant to the provisions of F.A.C. ch. 68A-27, for the purpose of
species protection. See also Species of special concern.
Species of special concern means fauna identified in F.A.C. 68A-27.005 which:
(1) Warrants special protection, recognition, or consideration because it has an inherent
significant vulnerability to habitat modification, environmental alteration, human
disturbance, or substantial human exploitation which, in the foreseeable future, may
result in its becoming a threatened species;
(2) May already meet certain criteria for designation as a threatened species but for
which conclusive data are limited or lacking;
(3) May occupy such an unusually vital and essential ecological niche that, should it
decline significantly in numbers or distribution, other species would be adversely
affected to a significant degree; or
(4) Has not sufficiently recovered from past population depletion.
Specimen tree means a tree which has been determined by the judgment of a professional
forester, horticulturist, or other professional plantsman of high value because of its type, size, age,
or other professional criteria and has been officially made and promulgated as part of the official
records of the county.
Spot zoning means a relatively small and isolated parcel of land which has a different and
usually higher intensity zoning classification than the surrounding area in which it lies. It is
considered to be spot zoning when the parcel is singled out for special and privileged treatment,
the singling out is for economic gain and not in the public interest, and the action does not conform
to the general standards established in the zoning.
Stormwater management system means all facilities, manmade structures or elements, and
natural watercourses used for collecting, treating, storing and conducting stormwater to, through
and from drainage areas to and including points of final outlet. The term "stormwater management
system" may include, but is not limited to, any or all of the following: pipes, ditches, wetlands,

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sinkholes, inlets, conduits, valves, creeks, lakes, channels, detention/retention ponds or
catchbasins, ditches, streams, drainage walls, gulches, gullies, flumes, culverts, siphons, dams,
flood walls, levies, spillways, pumping stations and appurtenant features to all of the foregoing,
and other stormwater conveyance and percolation or treatment facilities.
Stormwater runoff means that part of precipitation that travels over natural, altered, or
improved surfaces to the nearest stream, channel, river, canal or impoundment and may appear in
surface waters and includes rain water as it falls to the earth and surface water and drainage paths
taken by such water.
Story means a complete horizontal section of a building having one continuous floor and
ceiling, including a basement but not including a cellar and including an attic, if habitable.
Story, half, means a story with at least two of its opposite sides situated in a sloping roof, the
floor area of which does not exceed two-thirds of the floor area immediately below it.
Story, height of, means the vertical distance from top to top of two successive tiers of beams
or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of
the ceiling joists or, where there is no ceiling, to the top of the roof rafters.
Strategic intermodal system means a statewide system of high-priority transportation
facilities, which includes the state's largest and most significant commercial service airport,
spaceport, deepwater seaport, freight rail and passenger rail terminals, intercity bus terminals, rail
corridors, waterways and highways, as defined in F.S. § 339.61.
Street means a way for vehicular traffic, whether designated as a street, highway,
thoroughfare, parkway, freeway, road, avenue, boulevard, lane, place, court, or easement for
purposes of vehicular traffic or traffic circulation, or however designated, when any part thereof is
used for purposes of vehicular traffic and traffic circulation. The term "street" shall include streets
created by physical improvement to or alteration of land and shall include streets which are or may
be reasonably construed as having been created by any instrument reciting a conveyance,
dedication, reservation, limitation, or other means of establishing a street. However, the term
"street" shall not include easements, private driveways, or parking lots, the sole function of which
is to provide off-street access and parking. The term "street" shall also not include limited-purpose
easements designed to provide access for maintenance functions such as, but not limited to, the
cleaning of drainage ditches; nor shall this definition include those streets within developments for
which site development plan review is required under the provisions of this Land Development
Code.
Street, approved private, means a private thoroughfare which affords the principal means of
access to abutting property and which has been specifically approved for said access by official
action of the city council, but the maintenance and upkeep of which remains the responsibility of
the owner of record.
Street, arterial, means any street or thoroughfare so designated by official action of the city
council or designated as such within the comprehensive plan.
Street, collector, means a public roadway having the principal function of providing
intermediate vehicular traffic movement between local streets and major highways or arterial
streets.

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Street, local, means a public roadway having the principal function of providing vehicular
ingress and egress to and from adjoining lots and parcels.
Street frontage means the length of the property line for a single parcel which runs parallel to
and along each public right-of-way it borders, exclusive of alleys.
Street grade means the official established grade of the street upon which a lot fronts or in its
absence the established grade of other streets upon which the lot abuts, at the midpoint of the
frontage of the lot thereon. If there is no officially established grade, the existing grade of the street
at such midpoint shall be taken as the street grade.
Street line means a dividing line between a lot, tract, or parcel of land and a contiguous street.
Structural alteration means any change, alteration, or addition to a building or structure which
involves bearing walls or supporting members.
Structure shall be defined as that which is built or constructed as per the Florida Building
Code as may be amended.
Subdivision sign means any community entry sign which is designed solely to identify a
subdivision or neighborhood, including, but not limited to, industrial and commercial parks,
multifamily projects, and single-family residential development.
Substantial damage (signs) means damage of any origin sustained by a sign where the cost
of restoring the sign to its condition prior to damage would equal or exceed 50 percent of the
adjusted replacement cost of the sign before the damage occurred, as assessed through current
Marshall & Swift construction cost data publications.
Surface water means a recognizable permanent body of water, including swamp or marsh
areas, contained within a discernible boundary or bank created naturally or artificially. Water from
natural springs shall be classified as surface water when it exits from the spring onto the earth's
surface.
Swimming pool, private, means any reasonably permanent pool or open tank not located
within a completely enclosed building and containing or normally capable of containing water to
a depth at any point greater than 12 feet. Farm ponds and/or lakes are not included, provided that
swimming was not the primary purpose for their construction.
Swing sign means a sign suspended from an arm, bracket, or other fixture in such a way that
it is free to swing freely.
Telephone central office means a building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone or radio telephone messages between
subscribers and other business of the telephone company, but, in a residential district, not to include
public business facilities, storage or materials, trucks or repair facilities, or housing of repair crews.
Temporary sign means a sign which is not designed, constructed, or intended to be permanent.
The term "temporary sign" shall not include prohibited signs
Temporary sign means a sign intended for a use not permanent in nature. Unless otherwise
provided for in the Land Development Code, a sign with an intended use for a period of time
related to an event or occurrence at a future time shall be deemed a temporary sign. Such events
could include, but are not limited to, scheduled community athletic or charity events, contractor
notices of construction projects in progress, elections scheduled to occur in the near future, or sales

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or leases of real property, good or services by retailers, realtors or individuals where same will be
completed by some future date or upon the completion of the lease or sale. A flag shall be deemed
a temporary sign. A sign advertising a reduced price or other promotional benefit associated with
a project of service sold or offered on a parcel shall not constitute a temporary sign.
Theater means a building or part of a building devoted to the showing of moving pictures or
theatrical productions on a paid admission basis.
Theater, outdoor drive-in, means an open lot or part thereof, including its appurtenant
facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid
admission basis to patrons seated in automobiles or on outdoor seats.
To plat means, in whatever tense used, to divide or subdivide lands into lots, blocks, parcels,
tracts, sites, or other divisions, however designated, and the recording of the plat in the office of
the clerk of circuit court of the county in the manner authorized by F.S. ch. 177, the land
development regulations of the city, and other laws regulating the platting of land in the county.
Tourist cabins means a group of buildings, including either separate cabins or a row of cabins,
which:
(1) Contain living and sleeping accommodations for transient occupancy; and
(2) Have individual entrances.
Tourist home means a dwelling in which overnight accommodations are provided or offered
for transient guests for compensation.
Townhouses mean single-family attached dwelling units.
Trailer, travel or camping, means a vehicular, portable structure built on a chassis and
designed to be used as a temporary dwelling for travel, recreation, and vacation purposes which:
(1) Is identified on the unit by the manufacturer as a travel trailer;
(2) Is clearly capable of being towed as a trailer by a passenger vehicle on a continuing
basis for recreation purposes; and
(3) Is currently licensed as a travel trailer for transport upon the public highways.
Transportation disadvantaged means those individuals who, because of physical or mental
disability, income status, or age, are unable to transport themselves or to purchase transportation
and are, therefore, dependent upon others to obtain access to health care, employment, education,
shopping, social activities, and other life-sustaining activities.
Transportation improvement program means a document which lists city, county, and state
roadway improvements expected to be undertaken over a five-year period. The transportation
improvement program is updated and adopted annually by the metropolitan planning organization
and the state department of transportation.
Travel trailer/recreational vehicle subdivision means a tract of land divided into three parcels
or more, or individual lots or parcels which are developed for the purpose of sales or leasing in
excess of one year, allowing the placement of park trailers and recreational vehicles for longterm
or seasonal occupancy.

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Travel trailer park/recreational campground means a tract of land developed under single
ownership for the purpose of shortterm or temporary use by individually owned recreational
vehicles.
Treatment means the process of altering the character or physical or chemical condition of
waste to prevent pollution of the water, air, or soil to safeguard the public health, or to enable the
waste to be recycled.
Truck means any motor vehicle designed or used principally for the carriage of goods and
includes a motor vehicle to which has been added a cabinet box, a platform, a rack, or other
equipment for the purpose of carrying goods other than the personal effects of the passengers, or
as hereafter defined in F.S. § 320.01(9).
Truck-tractor means a motor vehicle which has four or more wheels and is designed and
equipped with a fifth wheel for the primary purpose of drawing a semitrailer that is attached or
coupled thereto by means of such fifth wheel and which has no provision for carrying loads
independently, or as hereafter defined in F.S. § 320.01(11).
Unity of title means a document recorded in the official records with the clerk of the court
which combines the use of two or more lots or parcels or portions thereof in conjunction with each
other as if they consisted of one overall parcel of land under the city land use regulations so that
the development can be reviewed for compliance under and be subject to regulation as if the same
were a single combined parcel, rather than separate lots or parts thereof.
Upland means land at a higher elevation, in general, than the alluvial plain or stream terrace;
land above the lowlands along streams; land absent of wetlands.
Use means the purpose for which land or water or a structure thereon is designated, arranged,
or intended to be occupied or utilized, or for which it is occupied or maintained. The use of land
or water in the various zoning districts is governed by this Land Development Code.
Use development, mixed, means a special class of planned unit development in which two or
more different land uses are physically and functionally integrated on the same site and which
demonstrate conformance with a coherent overall development plan. Such districts provide the
ultimate in flexibility and design.
Use of land or water means any use of land, water surface and land under water, to the extent
covered by zoning districts, and over which the city has jurisdiction.
Used car lot means any premises or establishment where two or more used automobiles or
other motor vehicles are maintained and/or displayed for the purpose of sale, whether or not said
automobiles or vehicles are individually advertised for sale by signs or markings.
Utility means any facility used in rendering service, which the public has a right to demand.
Variance means a relaxation of the terms of this Land Development Code, where said
relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the petitioner or applicant, a literal enforcement of the
requirements of this Land Development Code would result in unnecessary and undue hardship on
the land. Variances are authorized only for the height, area, and size of a structure or the size of
yards in open spaces. Establishment or expansion of a use otherwise prohibited or not permitted
shall not be allowed by variance, and a variance shall not be granted because of the presence of

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nonconformities in the zoning classification or district or adjoining zoning classifications or
districts.
Vehicle sign means any sign attached to or placed on a vehicle, including automobiles, trucks,
boats, campers, and trailers, that 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 purpose of providing advertisement of products or services or directing people to a business
or activity. The term "vehicle signs" is not to be construed to include those signs that identify a
firm or its principal products on a vehicle 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 such vehicle is regularly and customarily used to traverse the public highways
during the normal course of business.
Veterinarians means and shall be classified as professionals who may engage in the practice
of their profession in an office which shall be deemed a professional office for purposes of this
Land Development Code. Veterinarians may treat animals and may board animals on the premises
only when such boarding is reasonably related to the treatment of the animal. Veterinarians shall
be required to take measures to soundproof the premises when reasonably necessary to prevent the
creation of a nuisance or violation of any city ordinance.
Veterinary hospital or clinic means any structure or premises used primarily and essentially
for the medical and surgical care of ill, disabled, or injured animals (other than humans).
Wall signs or fascia signs means a sign which is painted on, fastened to, or erected against
the wall of a building with its face in a parallel plane to the plane of the building facade or wall
and which does not project more than 18 inches from such building. The term "wall sign" includes
the painting of a sign on a wall surface.
Warning sign means any sign which is designed to provide public notice of a clear and present
danger to public health, safety, and welfare.
Waste material means sludge, septage, or animal waste material, whether solid, liquid,
semisolid, or contained gaseous material, resulting from domestic, industrial, commercial, mining,
or agricultural operations.
Water bodies means, for the purpose of determining permitted density, those naturally
occurring water covered lands shown and described in the official soil survey of the county as
perennial streams, or those waters listed in appendix A of the conservation element section of the
technical support document. Such water covered areas listed in this definition shall extend to the
ordinary high-water line. The term "water bodies" shall not apply to coastal shoreline areas,
because, in these areas only, those areas above the mean high-water tide line are considered for
density purposes. In those cases where a question arises regarding the accuracy of the soil survey
or any other water boundary, the question shall be referred to the Southwest Florida Water
Management District for final resolution.
Water-dependent means activities which can be carried out only on, in, or adjacent to water
bodies because the use associated with such activities requires access to the water for waterborne
transportation (e.g., ports or marinas), recreation, electrical generating facilities, or water supply
facilities.
Water enhanced means uses which are not water-dependent, but whose value is increased due
to location along the water, and is unrelated to increased property values of waterfront property.

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Water quality means the physical, chemical, and biological characteristics of water which
interrelate with the propagation of fish, wildlife, and all aquatic life.
Water-related means activities which are not directly dependent upon access to a water body,
but which provide goods and services that are directly associated with water-dependent or
waterway uses.
Water supply well means a potable water well which pumps water from an unconfined water
table aquifer.
Water system means public or municipal water facilities or a commonly or cooperatively
owned central water facility.
Water system, central, means and includes the water source, pumps, treatment plants,
distribution pipes, and other appurtenances which serve three or more lots or which serve any
multifamily, commercial, industrial, institutional, or other use.
Water system, individual, means a water source, distribution system, and other appurtenances
supplying only one lot.
Watercourse means hydrologic connections, including, but not limited to, water bodies shown
on the most recent United States Geological Survey quadrangle sheets as having perennial flow.
Wetland buffer means the 30-foot area measured from the wetland delineation. These buffer
areas are for the protection of environmentally sensitive land that must not undergo development
and which are prohibited from encroaching.
Wetland delineation means the line where the wetland ends and the upland begins.
Wetland survey means approximate delineation of the extent of wetlands, as approved by the
appropriate jurisdictional government agency.
Wetlands means lands which are transitional between terrestrial (upland) and aquatic (open
water) systems where the water table is usually at or near the surface, or where the land is covered
by shallow water, and which are predominately characterized by hydrophytic vegetation. The
presence of hydric soils, as determined by the United States Soil Conservation Service, and other
indicators of regular or periodic inundation shall be used as supportive evidence of the presence
of a wetland area. The existence and extent of these areas shall be determined pursuant to F.S. §
373.414, and section 404 of the Clean Water Act.
Window means an opening to the outside, other than a door, which provides all or part of the
required natural light, natural ventilation, or both to an interior space. The glazed portion of a door
in an exterior wall may be construed to be a window in regard to the provision of natural light.
Window sign means a sign which is painted on, attached to, or visible through a window
(excluding displays of merchandise) and which identifies or advertises activities, services, goods,
or products available on the parcel.
Yard means a required open space unoccupied and unobstructed by any structure or portion
of a structure from 30 inches above the general ground level of the graded lot upward, provided,
however, that fences, walls, accessory structures, and buildings may be permitted in any side or
rear yard, subject to height limitations and setbacks as indicated herein.

111

Yard, front, means a yard extending between side lines across the front of a lot adjoining a
street; except that on any lot fronting on more than one street, the front yard shall be determined
by the building and zoning official, based on the location of any abutting arterial or collector street,
the prevailing pattern of development, and the lot depth requirement of the zoning district.
Yard, rear, means a yard extending across the rear of the lot between inner side yards. On any
lot, the rear yard shall be at the opposite end of the lot from the front yard.
Yard, side, means a yard extending from the interior (rear) line of the front yard to the rear
lot line.
Zero lot line means a development in which one or more sides of each structure rests directly
upon the property line.
Zoning district means any of the designated districts established within section 127-1 of this
LDC for which delineation may be shown on the zoning map and for which specific regulations
and requirements are included herein.
Zoning map means the official map described within section 127-1 of this LDC upon which
the delineations of the several zoning districts are shown for locations within the city.
Section 3.

For purposes of codification of any existing section of the Port Richey Code

herein amended, words underlined represent additions to original text, words stricken are
deletions from the original text, and words neither underlined nor stricken remain unchanged.
Section 4.

If any section, subsection, sentence, clause, provision or word of this

Ordinance is held unconstitutional or otherwise legally invalid, same shall be severable and the
remainder of this Ordinance shall not be affected by such invalidity, such that any remainder of
the Ordinance shall withstand any severed provision, as the City Council would have adopted the
Ordinance and its regulatory scheme even absent the invalid part.
Section 5.

The Codifier shall codify the substantive amendments to the Port Richey

City Code contained in Sections 1 and 2 of this Ordinance as provided for therein, and shall not
codify the exordial clauses nor any other sections not designated for codification.
Section 6.

Pursuant to Florida Statutes § 166.041(5), this Ordinance shall take effect

immediately upon adoption.

112

The foregoing Ordinance No. 26-740 was read and passed on its first reading in an open and regular
meeting of the City Council of Port Richey, Florida, this 10th day of February, 2026.
Attest:

CITY OF PORT RICHEY

_________________________
Ashlee McDonough, City Clerk

_________________________
John Eric Hoover, Mayor

The foregoing Ordinance No. 26-740 was read and passed on its second reading in an open and
regular meeting of the City Council of the City of Port Richey, Florida, this 24th day of February,
2026.
Attest:

CITY OF PORT RICHEY

______________________________
Ashlee McDonough, City Clerk

____________________________
John Eric Hoover, Mayor

Approved as to form:
_______________________
Nancy Meyer, City Attorney

113

Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed ordinance is to
be considered and must be posted on the City’s website by the time notice of the proposed ordinance is
published.

Proposed ordinance’s title/reference:
ORDINANCE NO.26-740
AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA, CITY CODE §101-11
(DEFINITIONS) AND CHAPTER 121 (SIGNS) TO REMOVE OR REVISE OUTDATED
OR PREEMPTED PROVISIONS AND TO ENSURE COMPLIANCE WITH
PREVAILING FIRST AMENDMENT CASELAW; TO PROVIDE FOR ADDITIONAL
DEFINITIONS RELATED TO SIGNS; TO REORGANIZE SECTIONS OF THE
CHAPTER FOR CLARITY AND CONSISTENCY; MAKING RELATED FINDINGS;
PROVIDING FOR CODIFICATION, SEVERABILITY; AND AN EFFECTIVE DATE.

This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes.
If one or more boxes are checked below, this means the City is of the view that a business impact
estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless,
providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could
impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised
following its initial posting.
x
☐
☐
☐
☐
☐
☐

1

The proposed ordinance is required for compliance with Federal or State law or regulation;
The proposed ordinance relates to the issuance or refinancing of debt;
The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant or other financial assistance
accepted by the municipal government;
The proposed ordinance is an emergency ordinance;
The ordinance relates to procurement; or
The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in Florida
Statutes § 163.3164, and development agreements, as authorized by the Florida Local
Government Development Agreement Act under Florida Statutes § 163.3220163.3243;
b. Comprehensive plan amendments and land development regulation amendments
initiated by an application by a private party other than the City;

See Section 166.041(4)(c), Florida Statutes.

114

c.

Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:

1. Summary of the proposed ordinance (must include a statement of the public purpose, such as
serving the public health, safety, morals and welfare):
The proposed ordinance will update the City’s sign code by providing new or updated
definitions, remove or revise outdated or preempted provisions and to ensure compliance
with prevailing first amendment caselaw.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit
businesses in the Town, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be
financially responsible; and
(c) An estimate of the Town’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: City staff solicited comments from businesses in the City as to the
potential impact of the proposed ordinance by contacting the chamber of commerce, social media
posting, direct mail or direct email, posting on the City’s website, public workshop, etc. You may
also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also
wish to state here that the proposed ordinance is a generally applicable ordinance that applies to
all persons similarly situated (individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
N/A

115

File Attachments for Item:

5. First Reading of Ordinance No.26-741, Amending Chapter 127, Article III,

Section 127-55 of the Port Richey Code

116

City of Port Richey – City Council Regular Meeting
ITEM NUMBER: 5

DATE: 02.10.2026

SUBJECT: First Reading of Ordinance No.26-741, Amending Chapter 127, Article III,
Section 127-55 of the Port Richey Code
AGENDA SECTION: Council Business
PREPARED BY: Andrew Butterfield, Interim City Manager, Nancy Meyer, City Attorney
RECOMMENDED ACTION:
Motion to approve the first reading of Ordinance No.26-741, Amending Chapter 127, Article III,
Section 127-55 of the Port Richey Code.
BACKGROUND SUMMARY:
The City of Port Richey is considering the first reading of Ordinance No. 26-741, which
proposes an amendment to Chapter 127, Article III, Section 127-55 of the Port Richey Code.
This section of the Code pertains to the Waterfront Overlay District (Cotee River Landing area)
The proposed amendment is intended to update standards and remove limitations to the current
sign code. The revision was reviewed by the City Attorney, city staff, and the Planning and
Zoning Board on October 14, 2025. Input from stakeholders and the public may have been
considered during the drafting process to ensure the changes align with the community’s needs
and regulatory requirements.
Approval of the first reading of Ordinance No. 26-741 will allow the City Council to proceed
with the statutory process to amend the Code. If approved, the ordinance will be scheduled for a
second reading and, if adopted, for final adoption at a subsequent City Council meeting. This
process ensures due diligence and promotes transparency in the City’s legislative actions.
FISCAL IMPACT/COST/REVENUE STATEMENT:
None currently.
RECOMMENDED MOTION:
Moved by Council Member ________, seconded by Council Member ________ to approve the
first reading of Ordinance No.26-741.
ATTACHMENTS:
Sign Code Ordinance No.26-741
BIS
Page 1 of 1

City Council Regular Meeting
117

ORDINANCE 26-741
AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA,
AMENDING CHAPTER 127, ARTICLE III, SECTION 127-55 OF THE
PORT RICHEY CODE OF ORDINANCES MAKING THE SIGN
REQUIREMENTS IN THE WATERFRONT OVERLAY DISTRICT
(WOD) CONSISTENT WITH THE CHAPTER 121 OF THE LAND
DEVELOPMENT CODE, PROVIDING FOR SEVERABILITY,
PROVIDING FOR CODIFICATION, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 127, Article IV, Section 127-55 of the City’s Code of
Ordinances addresses characteristics of the Waterfront Overlay District (WOD); and
WHEREAS, October 14, 2025, the Planning and Zoning Board, by a majority vote,
recommended City Council amend Section 127-55(h) to remove the limitations on
signage within the WOD; and
WHEREAS, the City Council wishes to remove those limitations to promote
businesses and align the signage requirements in the WOD with other areas in the City;
and
WHEREAS, the City Council has determined that amendment to Chapter 127,
Article IV, Section 127-55 of the City of Port Richey’s Code of Ordinances, is necessary to
affect those changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT RICHEY AS FOLLOWS:
Section 1. That Chapter 127, Article IV, Section 127-55 of the City’s Code of
Ordinances of the City of Port Richey, Florida, shall be amended to read as follows:
Sec. 127-55. Waterfront Overlay District (WOD).
(h) Signage. All Signage shall comply with Chapter 121 of the City’s Land Development
Code.
(1) Only one wall sign shall be permitted on the front facade of the building. The
wall sign shall not project outward from the wall to which it is attached more
than six inches.
(2) The area of the signboard shall not exceed 25 square feet, nor shall it exceed ten
feet in height. Pole supports for signage should be as decorative as possible,
composed of materials consistent with the design of the principal structure and

118

have a landscaping base at the foot of the pole, a minimum of five feet wide and
five feet deep with an area not less than 25 square feet.
(3) One secondary wall mounted sign not exceeding 25 square feet in area shall be
permitted on any side entrance open to the public.
(4) Signs shall be made of natural wood material, painted wood, or synthetic
material with a natural wood appearance. No banners, plywood, wallboard,
particleboard, etc., shall be used for signage.
(5) Neon, electronic message board, variable lighting system and other illuminated
signs shall be prohibited except where a variance has been granted. Such a
variance shall require a special permit from the building department, which
shall be subject to approval of a variance from the board of adjustment subject
to the city's standards of variance exception.
Section 2. For purposes of codification of the Code of Ordinances, City of Port Richey,
Florida, words underlined represent new text or additions to original text, words
stricken are deletions from the original text, and words neither underlined nor stricken
remain unchanged.
Section 3. If any section, subsection, sentence, clause, provision, or word of this
Ordinance is held unconstitutional or otherwise legally invalid, same shall be severable
and the remainder of this Ordinance shall not be affected by such invalidity, such that
any remainder of the Ordinance shall withstand and survive any severed provision, as
the City Council would have adopted the Ordinance even absent the invalid part.
Section 4. The Codifier shall codify the substantive amendments to Code of Ordinances,
City of Port Richey, Florida contained in Section 1 of this Ordinance as provided for
therein and shall not codify the exordial clauses or any other sections not designated for
codification.
Section 5. Pursuant to § 166.041 (5), Fla. Stat., this Ordinance shall take effect immediately
upon adoption.

[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]

[SIGNATURES ARE ON THE FOLLOWING PAGE]

119

The foregoing Ordinance No. 26741 was read and passed on its first reading in an open
and regular meeting of the City Council of Port Richey, Florida, this 10th day of February,
2026.

Attest:

CITY OF PORT RICHEY

_____________________________
Ashlee McDonough, City Clerk

______________________________
John Eric Hoover, Mayor

The foregoing Ordinance No. 26-741 was read and passed on its second reading in an
open and regular meeting of the City Council of the City of Port Richey, Florida, this 24th
day of February, 2026.
Attest:

CITY OF PORT RICHEY

_______________________________
Ashlee McDonough, City Clerk

_________________________________
John Eric Hoover, Mayor

Approved as to form:

_________________________
Nancy Meyer, City Attorney

120

Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the City’s website by the time notice of the
proposed ordinance is published.

Proposed ordinance’s title/reference:
Ordinance No. 26-741
AN ORDINANCE OF THE CITY OF PORT RICHEY, FLORIDA, AMENDING CHAPTER
127, ARTICLE III, SECTION 127-55 OF THE PORT RICHEY CODE OF ORDINANCES
MAKING THE SIGN REQUIREMENTS IN THE WATERFRONT OVERLAY DISTRICT
(WOD) CONSISTENT WITH CHAPTER 121 OF THE LAND DEVELOPMENT CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, AND
PROVIDING FOR AN EFFECTIVE DATE.

This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that
a business impact estimate is not required by state law1 for the proposed ordinance, but
the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to
avoid any procedural issues that could impact the enactment of the proposed ordinance.
This Business Impact Estimate may be revised following its initial posting.
☐
☐
☐
☐
☐
☐
☐

The proposed ordinance is required for compliance with Federal or State law or
regulation;
The proposed ordinance relates to the issuance or refinancing of debt;
The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;
The proposed ordinance is an emergency ordinance;
The ordinance relates to procurement; or
The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or

1 See Section 166.041(4)(c), Florida Statutes.

121

d.

Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.

In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the City hereby publishes the following
information:

1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
This Ordinance removes limitations on signage in the WOD subjecting the WOD to
the same sign regulations as the remainder of the City.
2. An estimate of the direct economic impact of the proposed ordinance on private, forprofit businesses in the [City/Town/Village], if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the [City’s/Town’s/Village’s] regulatory costs, including estimated
revenues from any new charges or fees to cover such costs.
None
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None
4. Additional information the governing body deems useful (if any):
N/A

122

File Attachments for Item:

6. Mutual Aid Agreement – Regional Child Abduction Response Team

123

City of Port Richey – City Council Regular Meeting
ITEM NUMBER: 6

DATE: 02.10.2026

SUBJECT: Mutual Aid Agreement – Regional Child Abduction Response Team
AGENDA SECTION: Council Business
PREPARED BY: Chief Frank Ruggiero
RECOMMENDED ACTION:
Approve Mutual Aid Agreement with FDLE and Tampa Bay regional agencies to participate in
the Child Abduction Response Team.
BACKGROUND SUMMARY:
The Port Richey Police Department would like to continue to participate in the Child Abduction
Response Team with FDLE and the Tampa Bay regional agencies. This mutual aid agreement
permits our agency to render support for these initiatives and to gain support in a child abduction
circumstance. The goal of the CART is to provide a pool of specialized investigators to focus
dedicated and intensive investigative, preventative, and general law enforcement efforts
primarily with regard to abducted children. The terms of this agreement will be in effect until
December 31, 2028.
FISCAL IMPACT/COST/REVENUE STATEMENT:
None currently.
RECOMMENDED MOTION:
Moved by Council Member ________, seconded by Council Member ________ to approve the
mutual aid agreement for the Child Abduction Response Team.
ATTACHMENTS:
Voluntary Cooperation Mutual Aid Agreement – Tampa Bay Regional CART.

Page 1 of 1

City Council Regular Meeting
124

125

126

127

128

129

130

131

PARTY'S ACCEPTANCE OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT,
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT BETWEEN THE MEMBER
AGENCIES OF THE TAMPA BAY REGIONAL OPERATIONS CENTER CHILD ABDUCTION
RESPONSE TEAM.
Pursuant to Section 23.1225(3), F.S., this agreement may be entered into by a chief executive
officer of the agency who is authorized to contractually bind the agency. By signing below, an
indication of such authorization is being made. Any signatory may add or attach to this signature
page any further evidence of authorization you wish to remain on file at FDLE along with this
signature page.
******************************************************************************
For the County Sheriff’s Office

_________________________________________
Name Of Sheriff
County Sheriff

Date of Execution

132

PARTY'S ACCEPTANCE OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT,
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT BETWEEN THE MEMBER
AGENCIES OF THE TAMPA BAY REGIONAL OPERATIONS CENTER CHILD ABDUCTION
RESPONSE TEAM.
Pursuant to Section 23.1225(3), F.S., this agreement may be entered into by a chief executive
officer of the agency who is authorized to contractually bind the agency. By signing below, an
indication of such authorization is being made. Any signatory may add or attach to this signature
page any further evidence of authorization you wish to remain on file at FDLE along with this
signature page.
******************************************************************************
For the City Police Department

_________________________________________
Name Of Chief
Chief of Police

Date of Execution

133

File Attachments for Item:

7. Local Law Enforcement Immigration Grant Award

134

City of Port Richey – City Council Regular Meeting
ITEM NUMBER: 7

DATE: 02.10.2026

SUBJECT: Local Law Enforcement Immigration Grant Award
AGENDA SECTION: Council Business
PREPARED BY: Chief Frank Ruggiero
RECOMMENDED ACTION:
Motion to approve the Local Law Enforcement Immigration Grant Program, Grant Award
Agreement.
BACKGROUND SUMMARY:
The Police Department has been awarded a Local Law Enforcement Immigration Grant. State
Board of Immigration Enforcement award number IG086 is funding the procurement of
equipment, hardware, and software essential to immigration enforcement.
FISCAL IMPACT/COST/REVENUE STATEMENT:
Reimbursement for patrol overtime
RECOMMENDED MOTION:
Moved by Council Member ________ and seconded by Council Member ______ to approve the
grant agreement with the State Board of Immigration Enforcement.
ATTACHMENTS:
State Board of Immigration Enforcement Grant Agreement IG086.

Page 1 of 1

City Council Regular Meeting
135

State Board of Immigration Enforcement
Local Law Enforcement Immigration Grant Program
Grant Award Agreement
Award Number:
Participating Agency:
Grant Activity Period:
Award Amount:
CSFA Catalog Number:

IG086
City of Port Richey Police Department
02/17/2025 – 06/30/2026
$32,850.00
71.158

This grant award agreement is entered into by and between the State Board of Immigration Enforcement
(herein referred to as the “Board”) and the Participating Agency named above.
WHEREAS, the Board has the authority pursuant to Florida law and does hereby agree to
provide state financial assistance to the Participating Agency in accordance with the terms
and conditions hereinafter set forth; and
WHEREAS, Chapter 2025-1, Laws of Florida, created Section 908.1033, Florida Statutes,
and resulted in an appropriation of $250,000,000 in funds for the Board to pass-through to
local law enforcement agencies and county detention facilities in support of the Local Law
Enforcement Immigration Grant Program; and
WHEREAS, the Participating Agency represents that it is fully qualified and eligible to
receive this award and to perform the tasks identified herein in accordance with the terms
and conditions of this agreement.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree to the terms and conditions
outlined in this agreement.
This grant award agreement is comprised of the following sections and appendices:
Section I: Scope of Work
Section II: Deliverables
Section III: Approved Budget
Section IV: Amendments
Section V: Data Collection Requirements
Section VI: Performance Reporting
Section VII: Financial Reporting and Reimbursement
Section VIII: Award Contacts
Section IX: Special Conditions
Section X: Standard Conditions for State Financial Assistance Awards
Section XI: Award Signatures
SECTION I: SCOPE OF WORK
The purpose of the Local Law Enforcement Immigration Grant Program (IGP) is to foster cooperation and
coordination with federal immigration agencies in the enforcement of federal immigration laws by
completing one or more of the following activities:
(1) Supporting the training and credentialing of local law enforcement and corrections personnel to
perform designated immigration enforcement activities through the Department of Homeland
Security (DHS), Immigration and Customs Enforcement’s (ICE) 287(g) program.
(2) Subleasing detention beds to ICE for temporary periods of time in accordance with agreements
executed between the Participating Agency and ICE.
(3) Assisting in the transport of unauthorized aliens between local, state, and federal facilities.
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136

(4) Providing personnel to perform allowable activities under the DHS/ICE 287(g) program.
(5) Providing bonus payments to credentialed law enforcement and correctional personnel who
perform designated immigration enforcement duties as outlined in program statute and rule.
(6) Procuring equipment, hardware, and software essential to assisting the federal government in its
enforcement of immigration laws.
(7) Performing other functions related to the detention and transport of unauthorized aliens or other
functions related to participation in the 287(g) program, as approved by the Board.
This grant award agreement will provide reimbursement to the Participating Agency for the approved costs
outlined in Section III of this agreement. Reimbursement will be contingent on the Participating Agency
complying with the applicable program data collection elements outlined in Section V of this agreement.
SECTION II: DELIVERABLES
The Participating Agency shall determine the specific tasks associated with each approved activity below
based on the nature of the immigration enforcement initiative performed by their agency.
Financial Consequences: Each deliverable listed below is a cost-reimbursement deliverable. Only
allowable activities completed as attested through the submission of the payment request and supported
by the appropriate documentation will be eligible for reimbursement under this grant.
IGP – G
Deliverable:
Minimum
Performance

Price:

The Participating Agency will procure approved equipment, hardware, and/or software
necessary for the performance of immigration enforcement duties.
The Participating Agency shall procure the approved equipment, hardware, and/or
software outlined in Section III of this agreement and in accordance with the
Participating Agency’s own procurement policies and procedures. Additional
documentation to be provided at payment for the allowable expenses associated with
this deliverable is outlined in Section VII of this agreement.
The total cost for this deliverable shall not exceed $32,850.00.

SECTION III: APPROVED BUDGET
Budget Category

Total

IGP-A: Training Programs for 287(g)

$0.00

IGP-B: Subletting Detention Beds

$0.00

IGP-C: Transportation on Behalf of ICE

$0.00

IGP-D: Travel and Lodging for 287(g)

$0.00

IGP-E: LEO Bonus Payments

$0.00

IGP-F: CO Bonus Payments

$0.00

IGP-G: Equipment, Hardware, and Software for 287(g)

$32,850.00

IGP-H: Other Costs Related to Immigration Enforcement
TOTAL

$0.00
$32,850.00

The Participating Agency may receive reimbursement for the following approved line-item expenses under
this award. All expenses submitted for reimbursement by the Participating Agency must be accompanied
by the applicable documentation outlined in Section VII of this agreement.
Category

Line Item

Description

Total

IGP-G

License Plate
Reader

The City of Port Richey Police Department is
requesting funding to acquire nine (9) License Plate

$32,850.00

2 of 22
137

Cameras and
Software

Reader (LPR) cameras and the associated
software. The implementation of the LPR
technology will significantly enhance the
department's ability to identify and respond to
criminal activity in in real-time.
Additionally, this technology enables officers to
receive instant alerts for vehicles associated with
immigration violations, outstanding warrants and
other law enforcement concerns.
Description:
Nine (9) License Plate Reader (LPR) cameras at an
approximate $3,650.00 (including associated
software) totaling $32,850.00
TOTAL

$32,850.00

The following standard budget terms apply to this award:
All items, quantities, and/or prices above are estimates based on the information available at the time of
award, or subsequent amendment.
All items requested for reimbursement must be allowable in accordance with the approved budget,
reasonably priced based on a current market review, and necessary for the operation and success of the
program.
Any subscription, service agreement, extended warranty, license, lease, or any other item with a specific
term period may require the Board to pro-rate the reimbursement to comply with state grant management
rules and regulations.
Items above may include additional, individually priced, operationally necessary accessories, components,
and/or peripherals and may be categorized as a “kit”, “bundle”, “system”, etc.
Award funds may be used to pay for applicable shipping, freight, and/or installation costs.
The Participating Agency is prohibited from moving funds freely among previously approved budget line
items.
The Board’s determination of acceptable expenditures requested for reimbursement shall be conclusive.
SECTION IV: AMENDMENTS
The Board may administratively amend or modify the agreement at any time, provided the modifications
are within the original scope and purpose of the project. Written notice of all such changes will be provided
to the Participating Agency. The Participating Agency may request amendments to the agreement in
accordance with the provisions outlined below.
Non-Monetary Amendments
Amendment requests that do not increase the total award amount, or change the amounts allocated among
individual line items outlined in Section III, may be submitted by the Participating Agency and subsequently
approved by the Board’s grant supervisor. This includes amendments to change a contact listed in Section
VIII, clarifying amendments for existing approved budget items in Section III, or to decrease the award for
closeout.

3 of 22
138

Monetary Amendments
Amendment requests that increase the total award amount, change the amounts allocated among existing
line items in Section III, or add new line items to the budget may be submitted by the Participating Agency
in a format prescribed by the Board.
If the total award amount is $25,000 or less after the amendment, and the award does not contain any
funding for equipment, software or hardware, the amendment request must only receive Executive Director
approval before the amendment can be approved by the Board’s grant supervisor.
If the total award amount is more than $25,000, or the award contains funding for equipment, hardware or
software, the amendment request must receive approval from the Executive Director, the Board, and the
Legislative Budget Commission, in accordance with s. 908.1033, F.S. Upon the amendment advancing
through the Legislative Budget Commission with no objection, the amendment can be approved by the
Board’s grant supervisor.
SECTION V: DATA COLLECTION REQUIREMENTS
Reimbursement of the line-item expenses outlined in Section III is contingent upon the Participating Agency
complying with the data collection requirements outlined below.
Local Law Enforcement Agency – Individual Data Collection
Any local law enforcement agency seeking reimbursement through this agreement must collect and report
the following individualized data points, in accordance with the policies and procedures of the Participating
Agency, when a suspected unauthorized alien is encountered. The data must be reported through an
electronic platform established by the Board, no later than the 15th of the subsequent month.
1. Encounter date and reporting agency information
a. Date of the encounter
b. Agency Name
c. Name and title of Officer reporting the encounter
2. Location of the encounter
a. City or unincorporated area
b. County
c. Address
3. Personal identifying information for the suspected unauthorized alien
a. First, middle, last name
b. Country of Citizenship
c. Alien registration number (if applicable)
d. Date of birth
e. Sex
f. Complete street address, city, state, and zip code
g. Current telephone number
h. Street address for current employer
i. Identified or suspected criminal gang affiliation
j. Vehicle information (description, registration, license plate)
k. Criminal history (Yes or No)
l. Citizenship verified with ICE (Yes or No)
4. Criminal arrest information arising from the encounter (if applicable)
a. Criminal charges list in order of severity
b. Information describing whether ICE was contacted during the encounter, if yes:
c. Indication if personnel from ICE responded
d. If ICE did not respond, a narrative describing the reasons provided
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5. Photograph of the suspected unauthorized alien that provides a clear image of the face and neck.
This is not required if a jail facility takes a booking photograph after a criminal arrest.
Local Law Enforcement Agency – Summary Data Collection
Any local law enforcement agency seeking reimbursement through this agreement must collect and report
the following summary data through an electronic platform established by the Board, no later than the 15th
of the subsequent month.
1. Total number of law enforcement officers maintaining an active designated immigration officer
status each month through the Task Force Model under the 287(g) program.
2. Total number of immigration investigations conducted by the Participating Agency’s designated
immigration officers each month while duly cross sworn as a designated immigration officer through
the Task Force Model under the 287(g) program.
3. Total number of immigration investigations conducted by the Participating Agency’s designated
immigration officers each month that results in arrest while duly cross sworn as a designated
immigration officer through the Task Force Model under the 287(g) program.
4. Total number of times the Participating Agency’s law enforcement officers initiate arrests for only
civil immigration charges while duly cross sworn as a designated immigration officer through the
Task Force Model under the 287(g) program.
Detention Facility – Summary Data Collection
Any county operated or local law enforcement detention facility must collect and report the following
summary data through an electronic platform established by the Board, no later than the 15th of the
subsequent month.
1. Total number of immigration detainer (I-247) forms it receives from Immigration and Customs
Enforcement each month, accompanied by any associated arrests warrants (I-200) and/or warrants
of removal (I-205) forms.
2. The number of immigration detainers the agency receives from Immigration and Customs
Enforcement and are subsequently cancelled, with the subject of the detainer having been released
without being transferred to the custody of ICE.
3. The number of unauthorized aliens for whom the agency received an immigration detainer from
Immigration and Customs Enforcement, but who ICE ultimately failed to take into custody within
the required time period, thus requiring the agency to release the individual.
4. The highest state law offense classification for each unauthorized alien for whom Immigration and
Customs Enforcement issues an immigration detainer.
5. The number of unauthorized aliens who meet the criteria noted in 1 through 4, who were charged
with a violent crime.
6. The number of unauthorized aliens for the agency receives an immigration detainer from
Immigration and Customs Enforcement after the person was released on state criminal charges.
7. The number of unauthorized aliens who the agency lodges immigration detainers before
Immigration and Customs Enforcement makes an independent biometric or biographic match
through the normal booking process.
8. The number of unauthorized aliens the agency transports from its jail facility to an Immigration and
Customs Enforcement facility upon conclusion of the immigration detainer period in lieu of ICE
taking custody of the individual at the jail facility.
9. The monetary amount of the reimbursement costs the agency received from Immigration and
Customs Enforcement in the prior month, the agency’s reimbursement rate from ICE, and how
many beds the agency incurred for housing the unauthorized aliens from the time those aliens’
state law charges were resolved until they were either released from jail or to the custody of ICE.
The agency shall also report the difference between its actual unauthorized alien housing cost and
the reimbursable amount for each month.
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SECTION VI: PERFORMANCE REPORTING
The Participating Agency is responsible for maintaining adequate documentation to support the
performance of activities under this award. This documentation shall be maintained in the Participating
Agency’s own grant file and shall be provided for review upon request.
The Participating Agency must adhere to the minimum performance documentation requirements outlined
below based on the activity they are performing.
IGP-A Immigration Enforcement Training Programs
The Participating Agency is responsible for tracking the training of each officer. The required information
includes, but is not limited to:
1.
2.
3.
4.

Name and location of training
Agency or entity hosting the training
Office name and ID
Overtime hours associated with completing the training, including associated employer-paid fringe
benefits
5. Travel costs associated with completing the training
6. Material costs associated with completing the training
IGP-B Subletting Detention Beds to Immigration and Customs Enforcement
The Participating Agency is responsible for tracking beds used for detaining unauthorized aliens on behalf
of ICE. The required information includes, but is not limited to:
1. Identification number to track the unauthorized alien
2. Date and time the individual was released on their state charges
3. Date and time the individual leaves the facility or is transferred to ICE custody
IGP-C Transporting Aliens on Behalf of Immigration and Customs Enforcement
The Participating Agency is responsible for tracking the transport of unauthorized aliens on behalf of ICE.
The required information includes, but is not limited to:
1. Identification number to track the unauthorized alien
2. Transport officers assigned to the detail (the grant will reimburse a maximum of two officers per
transport)
3. Point of origin, date, and departure time
4. Point of return, date, and arrival time
5. Overtime costs incurred, including the associated employer-paid fringe benefits
6. Travel costs incurred during the transport detail (i.e., hotel, meals, mileage, etc.)
IGP-D Travel and Lodging Directly Related to 287(g) Task Force Activities
The Participating Agency is responsible for tracking any travel-related costs directly associated with active
participation in task force activities under the 287(g) program. The required information includes, but is not
limited to:
1.
2.
3.
4.

Officer name and ID
Point of origin, date, and departure time
Point of return, date, and arrival time
Travel costs incurred during the operation/activity (i.e., hotel, meals, mileage, etc.)

IGP-E Bonus Payments to Law Enforcement Officers
The Participating Agency is responsible for tracking the certification of each officer and the ICE-related
operations each officer participates in. The required information includes, but is not limited to:
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1.
2.
3.
4.

Officer name and ID
Date credentialed as a Designated Immigration Officer
Operation date
Brief description of ICE-related operation

IGP-F Bonus Payments to Corrections Officers
The Participating Agency is responsible for tracking the certification of each officer. The required information
includes, but is not limited to:
1. Officer name and ID
2. Date credentialed as a Designated Immigration Officer or Warrant Service Officer
3. Date the officer began serving as a DIO or WSO
IGP-G Equipment, Hardware and Software
The Participating Agency is responsible for tracking the equipment, hardware, and/or software in
accordance with their own inventory, device management, and/or maintenance policy. The Participating
Agency is responsible for ensuring compliance with CJIS Security Standards, and any other applicable
policies, for any equipment, hardware, and/or software purchase that interface with state or federal
databases.
IGP-H Other Costs Associated with Immigration Enforcement
The Participating Agency is responsible for tracking any other incidental costs related to moving,
transporting, lodging, temporary detention, or active participation in task force activities under the 287(g)
program. The required information for tracking will vary depending on the activity being funded. The
Participating Agency shall track in sufficient detail to document the performance of the activity and the
associated costs in the event of an external audit.
SECTION VII: FINANCIAL REPORTING AND REIMBURSEMENT
All reimbursement requests associated with this award will be managed through the Board’s electronic
grant management system. The participating agency must complete the following three steps, in sequential
order, to submit a reimbursement request.
Expense Entry
The Participating Agency is responsible for entering the individual expenses associated with the allowable
budget items in Section III of this agreement. These expenses are to be entered as individual items in the
electronic grant management system and must adhere to the guidelines for the applicable cost type outlined
below.
For any contract, subscription, or payment plan type invoicing, this grant award can only cover the cost of
payments made to the vendor/supplier during the grant period.
The grant cannot reimburse payments that will occur after June 30, 2026.
Overtime and Associated Fringe Benefits
Field Name
Salary

Example

Expense Status

Data Required
Total cost being requested for
reimbursement
Date Paid (or last date paid if multiple
for the month)
Reviewed

Payee

Officer Name

John Doe

Expense Date

$1,473.40
03/31/2025
N/A

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Description

Description of Activity
Dates Work Performed
Total Hours x Pay Rate
Benefits Breakdown
Date(s) Paid

Documentation
to Upload

Timesheets
OT detail slips (if applicable)
Paystub
Employer-paid benefit statement (if not
clearly shown on paystub)
Travel Costs and Mileage
Field Name
Direct Cost
Expense Date
Expense Status
Payee
Description

Data Required
Total cost being requested for
reimbursement
Date Traveler Paid by Participating
Agency
Reviewed
Traveler Name
Reason
Destination(s)
Dates of travel
Breakdown of associated travel cost

Documentation Travel Voucher (Form SBIE-004) and
to Upload
documentation as required by form.
Subletting Beds to ICE
Field Name
Direct Cost

DIO Task Force Operation
OT Dates: 03/10/2025, 3/23/2025
10 hours x $100/hour = $1,000
FICA = $1,000 x 7.65% = $76.50
FRS = $1,000 x 35.19% = $351.90
WC = $1,000 x 4.5% = $45.00
Paid: 3/17/2025, 3/31/2025
N/A

Example
$501.42
03/31/2025
N/A
John Doe
287(g) operation in Orlando, FL
Dates: 3/15/2025 – 3/17/2025
Mileage: $0.445/mile x 147 mi. = $65.42
Hotel: 2 nights x $176.50/night = $353
Meals: $83
N/A

Example

Expense Date

Data Required
Total cost being requested for
reimbursement for reporting month
Last day of the reporting month

Expense Status

Reviewed

N/A

Payee

$1,960.00
03/31/2025

Participating agency name
Invoice Period
Total number of detainees
Total number of bed days
Reimbursement Rate
Documentation Monthly Bed Day Summary (Form
to Upload
SBIE-005)
Equipment, Hardware, and/or Software

Elm County Sheriff’s Office
March 2025
# of Detainees = 25
# of Bed Days = 56
Rate = $35/day
N/A

Field Name
Direct Cost

Example

Description

Expense Date
Expense Status
Payee
Description

Data Required
Total cost being requested for
reimbursement for reporting month
Date invoice paid by Participating
Agency
Reviewed
Vendor/Supplier
Item(s) calculation
Service Period (if applicable)

$17,500
03/31/2025
N/A
Idemia
(5) Rapid ID devices @ $3,100 each

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Method of Payment (check #, ACH,
credit care)
Documentation
to Upload

Purchase Order
Invoice
Proof of payment (cancelled check,
ACH transfer log showing paid status,
credit card statement)
Contract Services
Field Name
Direct Cost
Expense Date
Expense Status
Payee
Description

Documentation
to Upload

Data Required
Total cost being requested for
reimbursement for reporting month
Date invoice paid by Participating
Agency
Reviewed
Vendor/Supplier
Short expense description
Service Period (if applicable)
Item(s) calculation
Method of Payment (check #, ACH,
credit card)
Purchase Order (if applicable)
Invoice
Service Log/Documentation
Proof of payment (cancelled check,
ACH transfer log showing paid status,
credit card statement)

MDM software @ $2,000 each (October
2025 – September 2026)
Paid with Check # 25985
N/A

Example
$9,000
03/31/2025
N/A
Elm County Sheriff’s Office
Software configuration and
programming for September 2025
120 hours at $75/hour
Paid by ACH
N/A

Budget Reporting Period and Payment Requests
The Participating Agency is responsible for closing each budget reporting period within the electronic grant
management system on a monthly basis. The system will aggregate all expenses entered (based on
expense date) for the associated reporting period, which will be used to generate a Payment Request as
outlined below.
For any budget reporting period with associated expenses, the Participating Agency is responsible for
creating and submitting the payment request in the electronic grant management system and linking the
respective budget reporting period(s) accordingly. The closing of each budget reporting period, and
submission of the payment request is due no later than 30 days after the end of each reporting period as
shown in the table below.
#

Period

Due Date

02/17/2025 – 02/28/2025

Due Date
03/30/2025

10

11/01/2025 – 11/30/2025

12/30/2025

02

03/01/2025 – 03/31/2025

04/30/2025

11

12/01/2025 – 12/31/2025

01/30/2026

03

04/01/2025 – 04/31/2025

05/30/2025

12

01/01/2026 – 01/31/2026

02/28/2026

13

02/01/2026 – 02/28/2026

03/30/2026

05

05/01/2025 – 05/31/2025
06/01/2025 – 06/30/2025

06/30/2025
07/30/2025

14

03/01/2026 – 03/31/2026

04/30/2026

06

07/01/2025 – 7/31/2025

08/30/2025

15

04/01/2026 – 04/30/2026

05/30/2026

07

08/01/2025 – 08/31/2025

09/30/2025

16

05/01/2026 – 05/31/2026

06/30/2026

08

09/01/2025 – 09/30/2025

10/30/2025

17

06/01/2026 – 06/30/2026

07/30/2026

09

10/01/2025 – 10/31/2025

11/30/2025

18

Final Reconciliation

08/30/2026

#
01

04

Period

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For any budget reporting period that ended prior to the activation of this award in the electronic grant
management system, the Participation Agency shall enter all expenses and close the associated budget
reporting period(s) within 45 days from activation. In this instance, the Participating Agency may link all
prior reporting periods to the first payment request. All other payment request shall only be linked to one
reporting period, unless exceptions are granted from the Board’s grant supervisor.
If no expenses were incurred during a particular budget reporting period, the Participating Agency shall
close the associated budget reporting period as a $0.00 reporting period. This will not get aggregated into
a Payment Request, and the Participating Agency is exempt from submitting a payment request for that
period, as there are no associated expenses to request reimbursement for.
Payment Request Submission Certification
By submitting a payment request in the electronic grant management system, the Participating Agency
certifies that all costs claimed for reimbursement were incurred in accordance with the terms and conditions
of this agreement. The Participating Agency must certify the following statement when submitting their
payment request:
“Pursuant to the State Board of Immigration Enforcement's data collection requirements
described in Section 908.1031(3)(e), Florida Statutes, by submitting this payment request,
I attest to the best of my knowledge that my organization collects and reports the
individualized data points outlined in Section V of the award agreement relating to: (1)
interactions/encounters with a suspected unauthorized alien; (2) summary data for law
enforcement agencies; and (3) if my organization operates a county detention facility, my
organization reports the summary data for detention facilities. I understand that if my
organization is later found to not be in compliance with all requirements, we will forfeit our
grant reimbursement eligibility for the remainder of the fiscal year.”
The Board’s grant management team will review compliance with data collection prior to processing any
request for reimbursement. If an agency is not reporting the required data collection elements, the Board’s
grant management team will reject the associated payment request. The Participating Agency may resubmit
the rejected payment request once compliance with the data collection requirements is achieved.
Payment Request Approval and Reimbursement
Per s. 908.1033, F.S., this is a cost-reimbursement agreement only. No cash advances can be administered
under this program.
Funds will be distributed to the Participating Agency in conjunction with the receipt, review, and approval
of a payment request and all required supporting documentation as outlined above. All payment requests
submitted to the Board will be reviewed and audited in accordance with applicable state financial assistance
rules, regulations, statutes, and Department of Financial Services guidelines. Additional supporting
documentation may be requested by the Board prior to approving any payment request.
The State of Florida’s performance and obligation to pay under this agreement is contingent upon the
legislative appropriation, availability of funds, and is subject to any modification in accordance with Chapter
216, F.S., or the Florida Constitution. The Board will administer and disburse funds under this agreement
in accordance with s. 215.97, s. 215.971, s. 215.981, and s. 215.985, F.S. The Board’s determination of
acceptable expenditures shall be conclusive.
Payments will be disbursed in the form of a paper check (warrant) or via direct deposit (EFT) in accordance
with s. 215.422, F.S. This election is determined by the Participating Agency’s own selection in the state’s
vendor information system. A Participating Agency that wishes to enroll in direct deposit for payments from
the state must complete and submit a Direct Deposit Authorization Form to the Department of Financial
Services. More information on direct deposit is available at on the Department of Financial Services website
at https://www.myfloridacfo.com/division/aa/vendors.
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SECTION VIII: AWARD CONTACTS
Any changes to the individuals identified below must be made in writing.
Board’s Grant Manager

Participating Agency Grant Manager

Josue Jean
Government Analyst II
P.O. Box 1489
Tallahassee, FL 32302-1489
850-617-1276
[email protected]

Pamela E Lynch
CRA Grant Coordinator
6333 Ridge Rd
Port Richey, FL 34668
727-835-1270
[email protected]

Participating Agency Chief Official

Participating Agency Chief Financial Officer

Frank Ruggiero
Police Chief
6333 Ridge Rd
Port Richey, FL 34668
727-816-1919
[email protected]

Adam Thompson
Finance Director
6333 Ridge Rd
Port Richey, FL 34668
727-835-1268
[email protected]

SECTION IX: SPECIAL CONDITIONS
This agreement is subject to the special conditions set forth below. Any condition identified below as a
“Withholding of Funds” condition must be cleared through an administrative grant amendment processed
by the Board’s grant manager prior to issuing a related payment under this award.
Condition Number

S0001

W0019

W0022

Condition Language
As a recipient of these funds, the Participating Agency is required to comply
with the reporting requirements outlined Section V of this agreement. A
Participating Agency who attests to comply with these reporting requirements
but is later found by the State Board of Immigration Enforcement to not be in
compliance, will forfeit eligibility of any grant reimbursements for the
remainder of the state fiscal year.
WITHHOLDING OF FUNDS: This award contains grant funds for reimbursing
allowable equipment in the award budget, as approved by the State Board of
Immigration Enforcement. Prior to the drawdown of funds the Participating
Agency must provide a copy of their agency's procurement policy.
WITHHOLDING OF FUNDS: At the time of application, the most recent
available annual financial audit was from year ending 2024. However, a
Single Audit Certification (Form # SBIE-003) for that year is not on file. Prior
to the drawdown of funds, the Participating Agency must provide a properly
completed Single Audit Certification for the year ending 2024.

SECTION X: STANDARD CONDITIONS FOR STATE FINANCIAL ASSISTANCE AWARDS
The following terms and conditions will be binding upon the execution of the agreement between the
Participating Agency and the Board. If any of the information provided in this section changes after
execution of the agreement, the Board shall provide written notice of such changes to the Participating
Agency through an administrative award amendment.
1. Governing Laws of the State of Florida:
This agreement is entered into in the State of Florida, and shall be construed, performed, and enforced in
all aspects in accordance with the laws, rules, and regulations of the state.
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A. Lobbying Prohibited: The Participating Agency shall comply with the provisions of s. 11.062 and s.
216.347, F.S., which prohibit the expenditure of state funds for the purpose of lobbying the
legislature, judicial branch, or a state agency. No funds or other resources received in connection
with this agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state agency.
B. Independent Contractor: In performing its obligations under this agreement, the Participating
Agency shall at times act in the capacity of an independent contract and not as officer, employee,
or agency of the State of Florida. Nothing in this agreement may be understood to constitute a
partnership or joint venture between the Board and the Participating Agency. Neither the
Participating Agency nor any of its agents, employees, subcontractors, or assignees shall represent
to others that it is an agent of or has the authority to bind the Board by virtue of this agreement,
unless specifically authorized in writing to do so.
C. Limitations on Advertising: The Board is prohibited from endorsing the Participating Agency as a
recipient of state financial assistance. The Participating Agency shall not use the logos or emblems
of the Board on any of their individual publications unless specifically authorized in writing to do so.
D. Travel Costs: The maximum amount of reimbursement for travel costs shall not exceed the rates
established in the State of Florida Travel Guidelines as outlined in s. 112.061, F.S., and
Administrative Rule 69I-42.010.
E. Civil Rights: The Participating Agency agrees to comply with the Americans with Disabilities Act
(Public Law 101-336, 42 U.S.C. s. 12101 et seq.) and shall not discriminate against any individual
employed in the performance of this agreement due race, religion, color, sex, physical handicap
unrelated to such person’s ability to engage in this work, national origin, ancestry, age, or marital
status.
F. E-Verify: The Participating Agency agrees to comply with s. 448.095(5), F.S., requiring the
Participating Agency and all third-party entities it enters into agreements with to register with and
use the E-Verify system to verify employment eligibility. The Participating Agency may not enter
into a contract with any third-party entity without verifying compliance with this requirement, or
without obtaining and affidavit from the third-party stating they not employ, contract with, or
subcontract with unauthorized aliens. If the Participating or the Board has a good faith belief that a
third-party entity is in violation of s. 448.09(1), F.S., the Participating Agency must terminate their
contract with the third-party entity. Third-party entities may file a cause of action with a circuit or
county court to challenge the termination no later than 20 calendar days after the date on which
the contract was terminated.
G. Background Check: Whenever a background screening for employment or a background security
check is required by law for employment, unless otherwise provided by law, the provisions of
Chapter 435, F.S., shall apply. All employees in positions designated by law as positions of trust or
responsibility shall be required to undergo security background investigations as a condition of
employment and continued employment. For the purposes of this condition, security background
investigations shall include, but not be limited to employment history checks, fingerprinted for all
purposes, statewide criminal and juvenile record checks through the Florida Department of Law
Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and
may include local criminal record checks through local law enforcement agencies.
H. Non-disclosure Agreements: The Participating Agency may not require any employee or contractor
to sign and internal confidentiality agreement or statement that prohibits, restricts, or purports to
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prohibit or restrict, the reporting of waste, fraud, or abuse in accordance with law to an investigation
or law enforcement representative or a state for federal department or agency authorized to receive
such information. The Participating Agency certifies that if it is informed or notified that any
contractor or vendor has been requiring their employees to execute agreements or statements that
prohibit the reporting of fraud, waste, or abuse that it will immediately cease all further obligation of
these award funds to the entity and will immediately notify the Board. The Participating Agency will
not resume obligations until expressly authorized to do so by the Board.
I.

Disputes and Appeals: Unless otherwise stated in this agreement, disputes concerning
performance under this award will be decided by the Board, who shall provide the decision in writing
to the Participating Agency. In the event, either the Participating Agency or the Board is dissatisfied
with the dispute resolution decisions, jurisdiction for any dispute arising under the terms of this
agreement will be in state court, and the venue will be the Second Judicial Circuit, in and for Leon
County. Except as otherwise provided by law, the Board and the Participating Agency agree to be
responsible for their own attorney fees incurred in connection with disputes arising from this
agreement.

J.

Prohibited Vendor Lists: The Participating Agency may not enter into an agreement with any
organization names on a prohibited vendor list, pursuant to s. 287.133 – s. 287.137, F.S. In addition,
if the Participating Agency is found to be included on any of these lists, the Board may unilaterally
terminate this agreement. These lists are maintained by the Department of Management Services
on their website.
a.
b.
c.
d.
e.
f.

The “Convicted Vendors List” (s. 287.133, F.S.)
The “Discriminatory Vendors List” (s. 287.134, F.S.)
The “Forced Labor Vendor List” (s. 287.1346, F.S.)
The “Scrutinized List of Prohibited Companies” (s. 287.135, F.S.)
The “Suspended Vendors List” (s. 287.1351, F.S.)
The “Antitrust Violator Vendor List”, (s. 287.137, F.S.)

2. Funding and Payment Considerations
This agreement is subject to the following funding and payment conditions.
A. Funding Requirements: Pursuant to s. 215.971(1), F.S., the Participating Agency may only expend
funding under this agreement for the allowable costs identified in Section III above that were
incurred between February 17, 2025, and June 30, 2026. Any balance of unspent or unobligated
funds shall revert to the state upon closeout of the award. If it is determined at any point that funds
were paid to the Participating Agency in excess of what should’ve been paid, the Participating
Agency shall refund the overage to the Board.
B. Compensation: This is a cost-reimbursement agreement. Payments made under this agreement
shall not exceed the award amount and shall only be disbursed by Board after review and
acceptance of the Participating Agency’s performance of allowable activities outlined in this
agreement.
C. Payment Process: Subject to the provisions outlined in Section VII of this agreement, the Board
agrees to pay the Participating Agency in accordance with s. 215.422, F.S.
D. EFT Payments: Electronic Funds Transfer (EFT) payments are preferred by the Board and the
State of Florida. While enrollment is not a requirement to receive funds under this agreement, the
Participating Agency may choose to enroll by submitting the required authorization form to the
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Department of Financial Services. More information is available at the Department of Financial
Services website: https://www.myfloridacfo.com/division/aa/vendors.
E. Financial Management: The Participating Agency agrees to maintain all records and documents
(including electronic files) in accordance with generally accepted accounting procedures and
practices. The Participating Agency must be able to record and report on the receipt, obligation,
and expenditure of grant funds separately for each award received from the state.
F. Expenditures: All expenditures under this award must be in compliance with the laws, rules, and
regulations applicable to the expenditure of state funds, including the Reference Guide for State
Expenditures maintained by the Department of Financial Services.
G. Taxes: The Participating Agency may use its own tax exemption when paying suppliers to fulfill
contractual obligations under this award. The Participating Agency shall be responsible and liable
for the payment of all FICA, Social Security, and other taxes resulting from this agreement, unless
the reimbursement of those items is expressly included in the approved budget in Section III of this
agreement.
H. Invoicing Requirements: The payment request submitted to the Board for reimbursement serves
as the Participating Agency’s invoice to the Board for reimbursement. The payment request must
adhere to all provisions outlined in Section VII of this agreement and the invoicing requirements
outlined in the Reference Guide for State Expenditures maintained by the Department of Financial
Services.
I.

Final Payment Request: If the Participating Agency fails to submit the final payment request to the
Board by August 30, 2026, the Board may, at its sole discretion, consider the Participating Agency
to have forfeited any all rights to reimbursement of the final payment request under this agreement.

J.

Refunds: If the Participating Agency, or its independent auditor, discover that an overpayment has
been made, or that funds previously reimbursed under this award were all reimbursed by another
funding source, the Participating Agency shall contact the Board immediately. In the event the
Board first discovers an overpayment has been made, the Board will notify the Participating Agency
in writing. The Board shall provide a Refund Request Form to the Participating Agency to be
completed and mailed to the Board with the refund check. Refunds must be submitted to the
Department within 30 calendar days after the date of discovery. Checks shall be made payable to
the “Department of Law Enforcement” and shall me mailed with a copy of the Refund Request Form
to:
FDLE – Cash Receipts
P.O. Box 1489
Tallahassee, FL 32302-1489
If repayment is not made in a timely manner, the Board shall be entitled to charge interest at a
lawful rate on the outstanding balance beginning 40 calendar days after the date of notification or
discovery. If an overpayment is discovered while the agreement is still active, the Board may
choose to recoup the overpayment from the next reimbursement request.

K. Recoupment of Funds: If the Participating Agency’s noncompliance with any provision of this
agreement results in additional costs or monetary loss to the Board or the State, the Board may
recoup the costs or losses from reimbursement owed to the Participating Agency under this
agreement. In the event additional costs or losses arise when no money is available under this

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agreement, the Participating Agency shall repay such costs to the Board in full within 30 days from
the date of discovery or notification, unless the Board agrees, in writing, to an alternative timeframe.
3. Monitoring and Audit Requirements
This agreement is subject the monitoring activities and audits outlined below.
A. Monitoring: In addition to audits conducted under the Florida Single Audit Act, the Participating
Agency agrees to cooperate and comply with any monitoring procedures or processes deemed
appropriate by the Board. Monitoring activities may include, but is not limited to, site visits by Board
staff, limited scope audits as defined by 2 CFR 200.425, or other appropriate procedures. In the
event the Board determines a limited scope audit of the Participating Agency is appropriate, the
Participating Agency agrees to comply with any additional instructions provided by the Board
regarding such audit.
B. Chief Financial Officer and Auditor General: The Participating Agency agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by Florida’s
Chief Financial Officer or Auditor General.
C. Florida Single Audit Act: If the Participating Agency expends a total amount of state financial
assistance equal to or more than $750,000 in a fiscal year, the Participating Agency must have a
state single audit or project specific audit for such fiscal year. The audit shall be conducted in
accordance with s. 215.97, F.S., Administrative Rule 69I-5, and Chapter 10.550, Rules of the
Auditor General.
D. Determining State Financial Assistance Expenditures: In determining the state financial assistance
expended in its fiscal year, the Participating Agency shall consider all sources of state financial
assistance, including payments made from the Board and all other state agencies. State financial
assistance does not include federal direct awards or federal funds passed through a state agency,
which are subject to the federal audit requirements outlined in 2 CFR 200 Subpart F.
E. Elective Audits: If the Participating Agency expends less than $750,000 in total state financial
assistance in a particular fiscal year, an audit Florida Single Audit is not required. However, if the
Participating Agency elects to have an audit conducted in accordance with s. 215.97, F.S., the cost
of the audit must be paid from the Participating Agency’s own funds.
F. Annual Audit Certification: The Participating Agency shall provide a Single Audit Certification Form
shall be submitted to the Board’s grant manager as soon as the Participating Agency knows how
much state financial assistance it expended in the fiscal year, but no later than June 30th each year.
G. Report Submission: Copies of reporting packages for audits conducted in accordance with the
Florida Single Audit Act, s. 215.97, F.S., shall be submitted directly to the Auditor General at both
electronically and a hard copy mailed to:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Information for filing electronically with the Auditor General is available on their website at
https://floridaauditor.gov.
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H. Annual Financial Reporting Requirements: The Participating Agency is required to submit their
Annual Financial Report to the Department of Financial Services no later than nine months after
the close of the Participating Agency’s fiscal year. The Annual Financial Report shall be submitted
to the Department of Financial Services through the Department’s XBRL (LOGERx) system.
I.

Monitoring and Audit-Specific Records Retention: The Participating Agency shall retain sufficient
records demonstrating compliance with the monitoring and audit requirements outlined above for
a period of five years from the date the monitoring report or audit is issued. The Participating Agency
shall allow the Board, or its designee, the Florida Chief Financial Officer, or Florida Auditor General
access to such records upon request. The Participating Agency shall also ensure that audit working
papers are made available for a period of five years from the date the audit report was issued,
unless extended in writing by the Board.

4. Mandatory Disclosures
This agreement is subject to the following disclosure and fraud-related conditions.
A. Legal Proceedings: The Participating Agency shall disclose in writing all civil or criminal litigation,
investigations, arbitration, or administrative proceedings (collectively referred to as “proceedings”)
involving activities under this agreement, including any proceedings that involve contractors
performing work under this agreement.
B. Duty of Disclosure: The duty to disclose proceedings involving activities under this award applies
to each officer and director of the Participating Agency, as well as to each officer and director of a
contractor performing work under this agreement. Details of settlements that are prevented from
disclosure by the terms of the settlement must be annotated as such. If the existence of such
proceeding causes the Board concern about the Participating Agency’s ability or willingness to
perform work under this agreement, then upon the Board’s request, the Participating Agency shall
provide the Board all reasonable assurances that: (a) the Participating Agency will be able to
perform work in accordance with the terms and conditions of this agreement; and (b) the
Participating Agency and/or its employees, agents, vendors, and contractors have not and will not
engage in conduct which is similar in nature to the conduct alleged in such proceeding while
performing work under this agreement.
C. Notification of Instances of Fraud: Upon discovery, the Participating Agency shall report all known
or suspected instances of operational fraud, criminal activities, or mismanagement of award funds
committed by the Participating Agency, its employees, or an agent, vendor, or contractor, to the
Board within 24 hours of discovery.
D. Conflict of Interest: The Participating Agency shall establish safeguards to prohibit employees,
officers, agents, or board members from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain. No
employee, officer, agent, or board member may solicit nor accept gratuities, favors, or anything of
value from vendors/contractors under this agreement. The Participating Agency must disclose in
writing any actual or potential conflict of interest to the Board. Additionally, the Participating Agency
must disclose all violations of state or federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting this agreement.
E. Foreign Gifts and Contracts: The Participating Agency shall comply with any applicable disclosure
requirements in s. 286.101, F.S.

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5. Public Records Requirements
This agreement is subject to the following public records related conditions.
A. Public Records Law: The Participating Agency must allow public access to all documents, papers,
letters, or other material, made or received by the Participating Agency in accordance with this
agreement unless the public records are exempt from access pursuant to Chapter 119, F.S., s.
24(a) of Article 1 of the Florida Constitution, or other applicable state or federal law. This
requirement applies to all records regardless of the physical form, characteristics or means of
transmission of the record. The Participating Agency shall provide copies of all requested
documentation to the Board within 10 business days of the request. The Board may unilaterally
terminate this agreement the Participating Agency refuses to allow public access to records as
required by law.
B. Public Records Requests: All request to inspect or copy public records relating to this agreement
must be made directly to Board. Not withstanding any provisions to the contrary, disclosure of any
records made or received by the state in conjunction with this agreement is governed by Public
Records Law.
C. Exemption from Public Records: If the Participating Agency has a reasonable, legal basis to assert
that any portion of any public record submitted to the Board is confidential, proprietary, trade secret,
or other not subject to disclosure, the Participating Agency must simultaneously provide the Board
with a separate redacted copy of the records the agency claims to be confidential and briefly
describe in writing the grounds for the public record exemption, including the statutory citation for
such exemption. Only the sections the Participating Agency claims are confidential shall be
redacted. If the Participating Agency fails to submit a redacted copy of records, such action may
constitute a waiver of any claim of confidentiality.
D. Requests for Redacted Records: If the Board receives a records request for records that include
those marked as confidential, the Board will provide the Participating Agency’s redacted copies to
the requester. If a requester asserts a right to the portions of records claimed as confidential, the
Board will notify the Participating Agency that such assertation has been made. It will be the
Participating Agency’s responsibility to assert that the portions of records in question are exempt
under public records law or other legal authority. If the Board becomes subject to a demand for
discovery or disclosure of the portion of records the Participating Agency claims as confidential in
a legal proceeding, the Board will give the Participating Agency prompt notice of the demand, when
possible, prior to releasing the portions of redacted records, unless the release is otherwise
prohibited by law. The Participating Agency shall be responsible for defending its determination of
record confidentiality. No right or remedy for damages against the Board may arise from any
disclosure made by the Board based on the Participating Agency’s failure to promptly, legally
protect its claim of exemption.
E. Records Transfer: If the Participating Agency’s record retention requirements terminate prior to the
requirements stated herein the Participating Agency may meet the Board’s record retention
requirements by transferring its records to the Board at that time, and by destroying duplicate
records in accordance with s. 501.171, F.S., and if applicable s. 119.0701, F.S. The Participating
Agency shall adhere to established information destruction standards such as those established
by the National Institute of Standards and Technology.
F. Applicability of Chapter 119, F.S.: If the Participating Agency has questions regarding the
application of Chapter 119, F.S., and the Participating Agency’s duty to provide public records
relating to this agreement, the Participating Agency shall contact the Florida Department of Law
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Enforcement’s Public Records Section at [email protected] or via phone to (850) 4107676.
6. Nonexpendable Property
This agreement is subject to the following conditions related to nonexpendable property. For the purposes
of this section, nonexpendable property means equipment, fixtures, and other tangible personal property
of a nonconsumable nature.
A. Procurement Guidelines: The Participating Agency shall adhere to their own established
procurement policy, provided the policy is documented in writing. In absence of a written
procurement policy the Participating Agency shall adhere to state procurement guidelines as
applicable.
B. Property Supervision and Control: Pursuant to s. 273.03, F.S., the Participating Agency is the
custodian of all nonexpendable property, and shall be primarily responsible for the supervision,
control, and disposition of the property in their custody.
C. Maintenance of Property: The Participating Agency shall be responsible for the correct use of all
nonexpendable property obtained using funds provided under this agreement. The Participating
Agency shall also be responsible for the implementation of adequate maintenance procedures to
keep the nonexpendable property in good operating condition.
D. Property Records: All nonexpendable property purchased under this agreement shall be listed in
the property records of the Participating Agency. The Participating Agency shall inventory the
nonexpendable property in accordance with their own inventory policy, provided it is inventoried at
least annually. The property records shall include, at a minimum: property identification number,
description of the item(s), physical location, name, make, manufacturer, year, and/or model,
manufacturers serial number, date of acquisition, and the current condition of the item.
6. Subcontracts
Unless expressly approved in Section III of this agreement, or through the formal amendment process, the
Participating Agency may not (1) subcontract any of the funds provided under this award to a third-party;
(2) contract any of its duties or responsibilities under this award out to a third-party; or (3) assign any of the
Participating Agency’s rights or responsibilities herein, unless specifically permitted by law to do so. If this
award includes approval in Section III to issue subcontracts, the following conditions apply:
A. Participating Agency Responsibilities: The Participating Agency agrees to be responsible for all
work performed and all expenses incurred in fulfilling the obligations of this agreement. If Section
III contains express approval to subcontract any of the work performed under this agreement it is
understood by the Participating Agency that all such arrangements shall be evidenced by a written
contract containing all provisions necessary to ensure the contractor’s compliance with applicable
state and federal laws. The Participating Agency agrees that all subcontractors performing work
under this award shall be properly trained individuals who meet or exceed any specified training
qualifications. The Participating Agency further agrees that the Board shall not be liable to the
contractor for all expenses and liabilities incurred under the contract and that the Participating
Agency shall be solely liable to the contractor for all expenses and liabilities under the agreement
between the Participating Agency and the third-party. If necessary, the Participating Agency, at its
own expense, shall defend the Board against such claims.

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B. Subcontractor Responsibilities: Subcontractors of state financial assistance are obligated to comply
with the requirements outlined in this agreement for monitoring, auditing, records retention, and
financial reporting.
C. Subcontractor Agreements: Agreements with subcontractors performing work under this award
shall include, or be amended to include:
a. A scope of work that clearly establishes the tasks and activities the subcontractor will
perform.
b. Specific deliverables related to the scope of work.
c. The minimum level of performance required for each deliverable and the criteria that will
be used to determine successful performance.
d. The financial consequences that will apply if the minimum level of service is not attained.
e. The financial consequences that will apply if the subcontractor fails to perform in
accordance with the contract.
f. Details on the rate of payment and how payments will be made by the Participating Agency
to the subcontractor.
D. Required Documentation: The Participating Agency shall provide the Board copies of all
subcontracts executed with entities performing work under this award and a completed DFS-A2NS Form (Recipient/Subrecipient vs. Vendor Determination) with each subcontract. This form is
required by the Florida Department of Financial Services and is used to determine the nature of
the relationship with the third-party and if the Florida Single Audit Act requirements apply.
E. Subcontractor Invoices: Invoices submitted by a subcontractor must clearly identify the dates of
service (the invoice period), a description of specific deliverables provided during the invoice period,
the quantity of services provided (hours or units), and the associated payment amount specified in
the agreement between the Participating Agency and the subcontractor.
7. Indemnification
This agreement is subject to the following indemnification-related conditions.
A. Limitations of Liability: The Participating Agency shall be fully liable for the actions of its agents,
employees, partners, and subcontractors in the performance of activities under this agreement and
shall fully indemnify, defend, and hold harmless the State of Florida and the Board, and their
officers, agents, and employees from lawsuits, actions, damages, and costs of every name and
description arising from or relating to personal injury or damage to real or personal tangible property
alleged to be cause in whole or in part by the Participating Agency, its agents, employees, partners,
or subcontractors in the performance of activities under this agreement. The Participating Agency
shall not indemnify for that portion of any loss or damages proximately cause by the negligent act
or omission of the State of Florida or the Board. Further the Participating Agency shall fully
indemnify, defend, and hold harmless the State of Florida and the Board from any suits, actions,
damages, and costs of every name and description including attorneys’ fees, arising from or relating
to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property
right property by the Participating Agency. However, this obligation shall not apply to the Board’s
misuse or modification of the Participating Agency’s products or the Board’s operation or use of the
Participating Agency’s products in a manner not consistent with this agreement. If any product is
the subject of an infringement suit, or in the Participating Agency’s opinion is likely to become
subject to such suit, the Participating Agency may at its sole expenses procure for the Board the
right to continue using the product or to modify it to become non-infringing. If the Participating
Agency is not reasonably able to modify or otherwise secure the Board the right to continue using
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the product, the Participating Agency shall remove the product and refund the Board the amounts
paid in excess of a reasonable rental rate for past use. The Board will not be liable for any royalties.
The Participating Agency’s obligations under this condition with respect to any legal action are
contingent upon the State of Florida or the Board giving the Participating Agency: (a) written notice
any action or threatened action; (b) the opportunity to take over and settle or defend such action at
the Participating Agency’s sole expense; and (c) assistance in defending the action at the
Participating Agency’s sole expense. The Participating Agency shall not be liable for any cost,
expense, or compromise incurred or made by the State of Florida or the Board in any legal action
without the Participating Agency’s prior consent, which shall not be unreasonably withheld.
B. Sovereign Immunity: Nothing in this agreement shall be construed to affect in any way the
Participating Agency’s rights, privileges, and immunities under the doctrine of sovereign immunity
as set forth in s. 768.28, F.S.
8. Termination and Force Majeure
This agreement is subject to the following termination-related conditions.
A. Corrective Action: The Board will notify the Participating Agency in writing if corrective action is
required for any area of noncompliance, nonperformance, or unacceptable performance of work
under this agreement. Failure to implement the necessary corrective action, or improve
performance of work, in accordance with the corrective action plan may result in termination of the
agreement.
B. Termination for Cause: The Board may, at its sole discretion and upon providing written notice to
the Participating Agency, terminate the agreement if the Participating Agency fails to: (a)
satisfactorily complete the deliverables within the project period of the agreement; (b) maintain
adequate progress, thus endangering performance of the agreement; (c) honor any term or
condition of the agreement; or (d) abide by any statutory, regulatory, or other requirement of the
agreement.
C. Termination for Lack of Funds: If funding for this agreement is withdrawn or redirected by the
Legislature, the Board shall provide written notice to the Participating Agency at the earliest
possible time. The lack of funds shall not constitute a default by the Board or the State of Florida.
D. Termination for Convenience: The Board may terminate this agreement, in whole or in part, by
providing written notice to the Participating Agency that it is in the Board’s or State of Florida’s best
interest to do so. The Participating Agency may also terminate this agreement by providing a written
notice to the Board’s grant manager that explicitly states the desire to rescind the agreement,
reason for termination, and acknowledges that no further reimbursement will be paid to the
Participating Agency under this award.
E. Participating Agency’s Responsibilities Upon Termination: If the Board issues a notice of
termination to the Participating Agency, except as otherwise specified by the Board in that notice,
the Participating Agency shall: (a) stop work under this agreement on the date and to the extent
specified in the notice; (b) complete performance of such part of the work the Board does not
terminate (if any); (c) take such action as may be necessary, or as the Board may specify, to protect
and preserve any property which is in the possession of the Participating Agency and in which the
Board has or may acquire an interest; and (d) transfer, assign, or make available to the Board all
property and materials belonging to the Board upon the effective date of the termination of this
agreement. The Participating Agency is not entitled to recover any cancellation charges or lost

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profits. No extra compensation will be paid to the Participating Agency for its services in connection
with such transfer or assignment.
F. Severability: If any provision of this agreement, in whole or in part, is held to be void or
unenforceable by a court of competent jurisdiction, that provision will be enforced only to the extent
that it is not in violation of law or not otherwise unenforceable, and all other provisions remain in
full force and effect.
G. Survival: Any right or obligation of the Board or the Participating Agencies in this agreement which,
by its express terms or nature and context, is intended to survive termination or expiration of this
agreement, will survive any such termination or expiration.
H. Force Majeure: Neither the Board nor the Participating Agency shall be liable to the other for any
delay or failure to perform under this agreement if such delay or failure is neither the fault nor cause
by the negligence of either party (including their employees or agents) and the delay is due to acts
of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond
either parties control. This extends to contractors and suppliers if no alternate source of supply is
available. However, in the event a delay arises from one of the foregoing causes, the Board or the
Participating Agency shall take all reasonable measures to mitigate any and all resulting damages,
costs, delays, or disruptions to the performance of activities under this agreement.
I.

Notice of Delay from Force Majeure: In the case of any delay the Participating agency believes is
excusable under the condition above, the Participating Agency shall notify the Board in writing of
the delay or potential delay and the cause of the delay within 10 calendar days after the cause that
creates or will create (in the case of predictability) the delay arose. The foregoing shall constitute
the Participating Agency’s sole remedy or excuse with respect to the delay. The Board, at its sole
discretion, will determine if the delay is excusable under this section and will notify the Participating
Agency of its decision in writing. No claim for damages, other than for an extension of time, shall
be asserted against the Board. The Participating Agency will not be entitled to an increase in the
award amount or payment of any kind from the Board for any reason. If performance is suspended
or delayed, in whole or in part, due to one of the force majeure causes, after the causes have
ceased to exist, the Participating agency shall resume performance unless the Board determines,
at its sole discretion, that the delay will significantly impair the ability of the Participating Agency to
timely complete its obligations under this agreement. In that case, the Board may terminate the
agreement in whole or in part. If the delay is excusable under this section, the delay will not result
in any additional charge or cost under this agreement to the Board.

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SECTION XI: SIGNATURES
In witness whereof, the Board and Participating Agency affirm they each have ready and agree to the
conditions set forth in Section IX and Section X of this agreement, have read and understand the agreement
in its entirety, and have executive this agreement by their duly authorized officers on the date, month, and
year set out below.
Modifications to this page, including strikeovers, whiteout, etc. are not permitted.
Award ID:

IG086

Award Amount:

$32,850.00

Participating Agency
City of Port Richey Police Department
This award is not valid until it is signed and dated by either the Chief Official or designee below. Any
designee signatures must be accompanied by documentation that grants the individual the authority to
execute this agreement.
Participating Agency Chief Official
Signature:

Date:

Typed Name and Title:

Frank Ruggiero, Police Chief

*** If using a designee, sign the Chief Official Designee section below***
Participating Agency Chief Official Designee
Signature:

Date:

Printed Name and Title:
Additional Participating Agency Signatures (optional)
If your local process requires additional signatures (i.e., legal, clerk, etc.) use the spaces below.
Signature:

Date:

Printed Name and Title:
Signature:

Date:

Printed Name and Title:
State Board of Immigration Enforcement
As of the date signed below this award has completed its statutorily required approval process. The
Participating Agency may begin claiming reimbursement for allowable expenses in accordance with the
terms and conditions of this agreement.
Signature:
Printed Name and Title:

Date:
Felicia Pinnock, Senior Management Analyst Supervisor

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File Attachments for Item:

8. Discussion of Old Business

158

City of Port Richey – City Council Regular Meeting
ITEM NUMBER: 8

DATE: 02.10.2026

SUBJECT: Discussion of Old Business
AGENDA SECTION: Council Business
RECOMMENDED ACTION:
City Council action as deemed appropriate
Items will remain as Old Business until a final resolution has come from the Council and City
staff has completed the tasks.
Old Business items are the status of previous agenda items not on a current agenda or nonagenda items that are the consensus of the City Council to explore and provide options.
ATTACHMENTS:
City Council Old Business Tracking Sheet

Page 1 of 1
City Council Meeting

159

Council Old Business
Item

Nicks Park Ramp Fees Allowance

Grand Blvd. - Speed Humps / Tables
Comprehensive Safety Action Plan
(CSAP)

Funds for CAC Mural

Meeting

Status

Staff is collecting information on launch
counts, projected fees, revenues, and
methods of collecting fees. The City
Manager has met with two engineering
firms to discuss the redesign of Nick's
Park dock, ramp, and kiosk. City
Council need to discuss to move
forward with this item.
The Council approved the installation of
two-speed tables by Ajax Paving. One
will be south of Regis Ave., and the
other will be north of Alto Ave. The
Public Works/Utility Director is reaching
out to vendors/contractors to submit
4/23/2024
proposals.
The CAC is reaching out for volunteer
artists for the mural. Public Works has
pressure-washed and painted the wall
at Oelsner Park. The Council has
approved a $2,000 budget for supplies.
The CAC is seeking quotes from artists
to create the mural for the restroom
wall at Oelsner Park. The wall is two
feet outside the survey of Oelsner Park.
Staff is reaching out to the current
owner for options.
4/23/2024

Est. Time

Ongoing

Ongoing

Ongoing

160

Water Plant Rehabilitation

7/1/2024

Dredging Project

7/8/2025

McKim & Creed is moving forward with
the design process and testing at the
water plant. Staff is coordinating with
FDOT for automatic reimbursement of
invoices. Engineers and staff have
started two-week interval meetings.
Nine invoices have been submitted.
The engineer has presented the
preliminary design to the City Council
on 01/27/26. Design process continues.
Estimated completion 08/2026.
Stantec has begun surveys and studies
on the waterways (Tasks 100 - 107 of
the proposal). Stantec will keep staff
informed of their progress.

Ongoing

Ongoing

161

City Council Meeting
Tuesday, February 10, 2026, at 6:00 PM
TO THE MEMBERS OF THE CITY COUNCIL OF PORT RICHEY, FLORIDA
TO THE CITY MANAGER, CITY CLERK, DEPARTMENT HEADS, AND CITY ATTORNEY OF SAID CITY

Notice is hereby given that a regular meeting of the City Council of Port Richey, Florida, will be
held at 6:00 PM on February 10, 2026, at City Hall, 6333 Ridge Road, Port Richey, Florida.
Public participation is encouraged. If you are addressing the Council, step to the podium and
state your name and address for the record. Please limit your general comments to three (3)
minutes. For comments on action items, please limit comments to three (3) minutes on the
current topic. Please limit your conversations while sitting in the audience during Council
business and silence your cell phones so as not to interfere with everyone's ability to hear the
comments of both the public and the Council.

CALL TO ORDER - Mayor John Eric Hoover
INVOCATION
PLEDGE OF ALLEGIANCE - Mayor John Eric Hoover
ROLL CALL – Ashlee McDonough, City Clerk
PROCLAMATIONS
APPROVE MINUTES
COMMENTS FROM THE GENERAL PUBLIC
COMMENTS FROM THE CITY MANAGER
COMMENTS FROM BOARDS & COMMITTEES
CONSENT AGENDA
1. 02.10.2026 Consent Agenda

City Council Meeting
Agenda

PUBLIC HEARINGS
2. Second Reading of Ordinance No.26-742, Amending Section 10-318, Article III, Chapter 109 of the
Land Development Code to Repeal More Restrictive Requirements
3. Second Reading of Ordinance No.26-743, Amending Chapter 109, Article III, Division 5 of the City
of Port Richey Land Development Code to remove language allowing the use of temporary shelters
pursuant to Section 163.0335, Florida Statutes, and amending Chapter 12, Article III, Section 12-47,
to add language allowing the use of temporary shelters pursuant to Section 163.035, Florida Statutes
COUNCIL BUSINESS
4. First Reading of Ordinance No.26-740, City of Port Richey Code 101-11 (Definitions) and Chapter
121 (Signs)
5. First Reading of Ordinance No.26-741, Amending Chapter 127, Article III, Section 127-55 of the
Port Richey Code
6. Mutual Aid Agreement – Regional Child Abduction Response Team
7. Local Law Enforcement Immigration Grant Award
OLD BUSINESS
8. Discussion of Old Business
COMMENTS FROM THE MAYOR & CITY COUNCIL
ADJOURN
If a person decides to appeal any decision made by a board or Council with respect to any matter considered at a meeting or hearing, he or she will need a
record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. Any person with a disability requiring reasonable accommodation to attend this meeting should call 727-816-1900 Ext. 175
or fax a written request to 727-816-1916 with a twenty-four (24) hour notice.

City Council Meeting
Agenda