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                                            BOARD OF COUNTY COMMISSIONERS
                                                                                           DATE:   July 1,2008
                                                                                           AGENDA ITEM NO.

     Consent Agenda                          Regular Agenda                                 Public Hearing       -
     Counh Administrator's Sianaturefl//Pfi
     ed
     Subiect:

     Authority to Advertise an Amendment to the Pinellas County Land Development Code to Address Proposed Changes
     Pertaining to Dumpsters, Recreational Vehicles and Animated Signs


     Department:                                                  Staff Member Responsible:

     Building & Development Review Services                       Paul Cassel, Director
     Recommended Action:

     I RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE ADVERTISEMENT OF A
     PUBLIC HEARING TO BE HELD ON AUGUST 5thAND 19'" 2008, ON A PROPOSED ORDINANCE AMENDING THE
     PINELLAS COUNTY LAND DEVELOPMENT CODE TO ADDRESS CHANGES PERTAINING TO THE REGULATION
     OF DUMPSTERS, RECREATIONAL VEHICLES & ANIMATED SIGNS.




     The changes regarding the placement of dumpsters in Commercial & Industrial zones are recommended subsequent to
     issues. The amendment will subject dumpsters in Commercial & Industrial zones to performance standards and line of
     sight safety review.

     The amended ordinance will allow recreational vehicles to be stored on residentially zoned properties having a body
     width of up to 8.5 feet and 40 feet in length. The current code permits these up to 8 feet in width and 35 feet in length,

     The code pertaining to frequency of message changes for an animated sign currently permits a message change to
     occur once every 60 seconds, whereas the State allows a message change frequency of once every 6 seconds. The
     amended ordinance would mimic and be consistent with State stat* pertaining to animated signs.

     Three separate ordinances to accomplish these changes are attached. However, for simplicity, these will be combined
     into one ordinance during the adoptionlhearing process to amend the applicable portions of the zoning code.
     Fiscal Impact:

     NIA
ExhibitslAttachments Attached:

Strike-Through Ordinances
Proposed Clean Version of Ordinance
                                      ORDINANCE NO. 08--


     AN ORDINANCE OF THE COUNTY OF PINELLAS, PROVIDING THAT THE
     PINELLAS COUNTY LAND DEVELOPMENT CODE BE AMENDED BY
     AMENDING SECTION 138-1334 (a) AMENDING THE DEFINITION OF
     ANIMATED SIGNS AND PROVIDING LIMITATIONS ON THE FREQUENCY
     OF MESSAGE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING
     FOR AN EFFECTIVE DATE; PROVIDING FOR INCLUSION IN THE CODE;
     AND PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE FROM
     REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS AND WITH
     RESPONSIBLE AUTHORITIES.

     WHEREAS, State of Florida currently permits a message change every six (6) seconds for
           The

animated signs; and

     WHEREAS, currently permitted frequency change in Pinellas County is every sixty (60)
            The

seconds and is greater than that permitted by the State; and

     WHEREAS, is in the best interest of the citizens of Pinellas County to increase the frequency of
           It

message change for animated signs within the County to coincide with the frequency of message change

for animated signs allowed by the State of Florida; and

     NOW,THEREFORE, BE IT ORDAINED the Board of County Commissioners of Pinellas County,
                                 by

Florida:


SECTION I: The definition of "Animated signs" as provided by Section 138-1334 (a) of the Pinellas
County Code is hereby amended to read as follows:

Sec. 138-1334 (a). Definition

Animated signs means any sign which includes action, motion, the optical illusion of action or motion or
color changes of all or any part of the sign facing, requiring electrical energy or set in motion by
movement of the atmosphere or a sign made up of a series of sections that turn and stop to show two or
more pictures or messages in the copy area. In order to accommodate changes in technology, but to
prevent such changes from creating distractions to the motoring public, animated signs shall include
electronic reader boards unless the message changes instanteously, without scrolling, and at a frequency
of greater than e e w i G m k six seconds between messages.
SECTION 2: Severability

If any section, sentence, clause, phrase, or word of this Ordinance is, for any reason, held or declared to
be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining
portions of this Ordinance, and it shall be construed to be the legislative intent to pass this Ordinance
without such unconstitutional, invalid or inoperative part therein.


SECTION 3: Effective Date
Pursuant to Section 125.66 of the Florida Statutes, a certified copy of this Ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners. This Ordinance shall
become effective when the acknowledgment is received from the Secretary of State that the Ordinance
has been duly filed.


SECTION 4: Inclusion Clause
The provision of this Ordinance shall be included and incorporated in the Pinellas County Code, as an
addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform
numbering system of the Pinellas County Code.
APPROVED AS TO FORM
                                     ORDINANCE 08--

               AN ORDINANCE O F THE COUNTY O F PINELLAS, PROVIDING
               THAT THE PINELLAS COUNTY LAND DEVELOPMENT CODE BE
               AMENDED BY AMENDING SECTION 138-1, AMENDING THE
               DEFINITION O F RECREATIONAL VEHICLE AND PROVIDING
               LIMITATIONS ON THE SIZE WHEN STORED IN RESIDENTIALLY
               ZONING    DISTRICTS;  PROVIDING  FOR    SEVERABILITY;
               PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
               INCLUSION IN THE CODE; AND PROVIDING FOR OTHER
               MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE
               ORDINANCE AT THE PUBLIC HEARINGS AND WITH
               RESPONSIBLE AUTHORITIES.


       WHEREAS, The permitted size of recreational vehicles was created at a time when the

industry standard recreational vehicle was much smaller than current standards; and

       WHEREAS, The Florida Department of Transportation currently permits a maximum

vehicle width of 102 inches, and a maximum length of forty feet; and

       WHEREAS, The currently permitted size of recreational vehicles in Pinellas County is

smaller than permitted by the State; and

       WHEREAS, It is in the best interest of the citizens of Pinellas County to increase the

size of recreational vehicles allowed to be stored on residential property within the County to

coincide with the size of vehicles that may be driven on the roads in the State of Florida.

       NOW, THEREFORE, Be It Ordained by the Board of County Commissioners of

Pinellas County, Florida:

SECTION 1: The definition of "Vehicle, recreational" as provided by Section 138-1(b) of the

Pinellas County Code is hereby amended to read as follows:

       Sec. 138-1. Definitions and rules of construction.



       Vehicle, recreational means and includes the following types of vehicIes (each of the
following shall have a body width not to exceed eg&-i%& 102 inches and a body length not to
exceed 3 J feet when stored on residential parcels as an accessory use):
        5
       (1)     Travel trailer means a vehicular, portable structure built on a chassis, designed to
               be used as a temporary dwelling for travel, recreation, and vacation uses.

       (2)     Pickup coach means a structure designed to be mounted on a truck chassis with
               sufficient equipment to render it suitable for use as a temporary dwelling for
               travel, recreation, and vacation uses.

       (3)     Motor home means a portable, temporary dwelling to be used for travel,
               recreation, and vacation uses, constructed as an integral part of a self-propelled
               vehicle.

       (4)     Camping trailer means a collapsible temporary dwelling structure mounted on
               wheels, and designed for travel, recreation, and vacation uses.

       (5)     Auto camper means a lightweight, collapsible unit that fits on top of an
               automobile and/or into the trunk with the cover removed, and designed for travel,
               recreation, and vacation uses.

SECTION 2: Severability

        If any section, sentence, clause, phrase, or word of this Ordinance is, for any reason, held
or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect
the remaining portions of this Ordinance, and it shall be construed to be the legislative intent to
pass this Ordinance without such unconstitutional, invalid or inoperative part therein.

SECTION 3: Effective Date

        Pursuant to Section 125.66 of the Florida Statutes, a certified copy of this Ordinance shall
be filed with the Department of State by the Clerk of the Board of County Commissioners. This
Ordinance shall become effective when the acknowledgment is received from the Secretary of
State that the Ordinance has been duly filed.

SECTION 4: Inclusion Clause

        The provision of this Ordinance shall be included and incorporated in the Pinellas County
Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to
the uniform numbering system of the Pinellas County Code.
  APPROVED AS TO FORM
 FC F
ORH COUNTY ATTORNEY
          1
                                     ORDINANCE 08-

               AN ORDINANCE OF THE COUNTY OF PINELLAS, PROVIDING
               THAT THE PINELLAS COUNTY LAND DEVELOPMENT CODE BE
               AMENDED BY AMENDING SECTION 138-1286, PROVIDING FOR AN
               EXEMPTION FROM SETBACK REQUIREMENTS FOR DUMPSTERS
               IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS;
               PROVIDING FOR SEVERABILITY; PROVIDING         FOR AN
               EFFECTIVE DATE; PROVIDING FOR INCLUSION IN THE CODE;
               AND PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE
               FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS
               AND WITH RESPONSIBLE AUTHORITIES.


       WHEREAS, The prohibition of dumpsters in specific residential zoned areas was

enacted as a result of a task-force recommendation to uphold community standards; and

       WHEREAS, The requirement that dumpsters meet appropriate setbacks has met its

intended effect in residential districts, but has created an unintended hardship in commercial and

industrial zoning districts; and

       WHEREAS, The commercial and industrial zoning districts are subject to performance

standards, which provide for screening and setbacks from abutting residential areas; and

       WHEREAS, Those parcels in commercial and industrial zoning districts are better

served by removing the requirement that dumpsters need to meet appropriate setback and

screening requirements.

       NOW, THEREFORE, Be It Ordained by the Board of County Commissioners of

Pinellas County, Florida:

SECTION 1: Section 138-1286 of the Pinellas County Code is hereby amended to read as

follows:

        Sec. 138-1286. Dumpsters.

               (a)    Dumpsters are prohibited on all parcels zoned R-1, R-2, R-3 and R-4. For
       parcels in any other residential zoning district, dumpsters shall meet the minimum
       setbacks of the zoning district and shall be screened from view by a solid fence or wall a
       minimum of six feet in height. For parcels in commercial and industrial zoning districts,
       dumpsters shall be subject to the performance standards in article VII, division 4 of this
       chapter and shall be subiect to a line of sight safety review. For purpose of this chapter, a
       dumpster shall be defined as a trash receptacle which generally is not emptied by hand,
       but is required to be emptied by mechanical means due to its size.

              (b)    Amortization ofnonconforming dumpsters. All legally placed
       nonconforming dumpsters shall be made to conform to the provisions of this section
       within one year of the effective date of this section. All such dumpsters shall be made to
       comply by July 1,2006.

               (c)     Exemptions. The provisions of this section shall not apply to dumpsters
       on R-4 zoned property, providing the dumpster meets the minimum setbacks of the
       zoning district, is screened from view by solid fence or wall a minimum of six feet in
       height, and is serviceable in that location by a waste hauler vehicle. A dumpster which is
       located on a site on a temporary basis for the purpose of construction being done pursuant
       to a valid, current permit, trash collection, or cleaning of the site shall be exempt from
       this requirement.

SECTION 2: Severability

        If any section, sentence, clause, phrase, or word of this Ordinance is, for any reason, held
or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect
the remaining portions of this Ordinance, and it shall be construed to be the legislative intent to
pass this Ordinance without such unconstitutional, invalid or inoperative part therein.

SECTION 3: Effective Date

        Pursuant to Section 125.66 of the Florida Statutes, a certified copy of this Ordinance shall
be filed with the Department of State by the Clerk of the Board of County Commissioners. This
Ordinance shall become effective when the acknowledgment is received from the Secretary of
State that the Ordinance has been duly filed.

SECTION 4: Inclusion Clause

        The provision of this Ordinance shall be included and incorporated in the Pinellas County
Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to
the uniform numbering system of the Pinellas County Code.
   APPROVED AS TO FDRM
OFFlC&OF COUNTV ATTORNEY
                              ORDINANCE NO. 08-


      AN ORDINANCE OF THE COUNTY OF PINELLAS, PROVIDING
      THAT THE PINELLAS COUNTY LAND DEVELOPMENT CODE BE
      AMENDED BY AMENDING SECTION 138-1334 (a) AMENDING THE
      DEFINITION OF ANIMATED SIGNS AND PROVIDING
      LIMITATIONS ON THE FREQUENCY OF MESSAGE CHANGES;
      AMENDING SECTION 138-1286, PROVIDING FOR AN EXEMPTION
      FROM SETBACK REQUIREMENTS FOR DUMPSTERS IN
      COMMERCIAL AND        INDUSTRIAL ZONING      DISTRICTS;
      AMENDING SECTION 138-1, AMENDING THE DEFINITION OF
      RECREATIONAL VEHICLE AND PROVIDING LIMITATIONS ON
      THE SIZE WHEN STORED IN RESIDENTIALLY ZONING
      DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
      AN EFFECTIVE DATE; PROVIDING FOR INCLUSION IN THE CODE;
      AND PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE
      FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS
      AND WITH RESPONSIBLE AUTHORITIES.


             the
      WHEREAS, State of Florida currently permits a message change every six (6)

seconds for animated signs;

      WHEREAS, currently permitted frequency change in Pinellas County is every
             the

sixty (60) seconds and is greater than that perrnitted by the State;

            it
      WHEREAS, is in the best interest of the citizens of Pinellas County to increase the

frequency of message change for animated signs within the County to coincide with the

frequency of message change for animated signs allowed by the State of Florida;

      WHEREAS, the permitted size of recreational vehicles was created at a time when

the industry standard recreational vehicle was much smaller than current standards;

      WHEREAS, the Florida Department of Transportation currently permits a

maximum vehicle width of 102 inches, and a maximum length of forty feet;

       WHEREAS, the currently permitted size of recreational vehicles in Pinellas

County is smaller than permitted by the State;
       WHEREAS, it is in the best interest of the citizens of Pinellas County to increase

the size of recreational vehicles which is allowed to be stored on residential property

within the County to coincide with the size of vehicles that may be driven on the roads in

the State of Florida:

       WHEREAS, the prohibition of dumpsters in specific residential zoned areas was

enacted as a result of a task-force recommendation to uphold community standards;

       WHEREAS, the requirement that dumpsters meet appropriate setbacks has met its

intended effect in residential districts, but has created an unintended hardship in

commercial and industrial zoning districts;

       WHEREAS, the commercial and industrial zoning districts are subject to

performance standards, which provide for screening and setbacks from abutting

residential areas; and

        WHEREAS, those parcels in commercial and industrial zoning districts are better

served by removing the requirement that dumpsters need to meet appropriate setback and

screening requirements.

                                  by
      NOW,THEREFORE, BE IT ORDAINED the Board of County Commissioners of

Pinellas ,County,Florida:

      SECTION 1:         The definition of "Animated signs" as provided by Section 138-

1334 (a) of the Pinellas County Code is hereby amended to read as follows:

Sec. 138-1334 (a). Definition

Animated signs means any sign which includes action, motion, the optical illusion of
action or motion or color changes of all or any part of the sign facing, requiring electrical
energy or set in motion by movement of the atmosphere or a sign made up of a series of
sections that turn and stop to show two or more pictures or messages in the copy area. In
order to accommodate changes in technology, but to prevent such changes from creating
distractions to the motoring public, animated signs shall include electronic reader boards
unless the message changes instantaneously, without scrolling, and at a frequency of
greater than six seconds between messages.

       SECTION 2: Section 138-1286 of the Pinellas County Code is hereby amended

to read as follows:

Sec. 138-1286. Dumpsters.

       (a)     Dumpsters are prohibited on all parcels zoned R-1, R-2, R-3 and R-4. For
       parcels in any other residential zoning district, dumpsters shall meet the minimum
       setbacks of the zoning district and shall be screened from view by a solid fence or
       wall a minimum of six feet in height. For parcels in commercial and industrial
       zoning districts, dumpsters shall be subject to the performance standards in article
       VII, division 4 of this chapter and shall be subject to a line of sight safety review.
       For purpose of this chapter, a dumpster shall be defined as a trash receptacle
       which generally is not emptied by hand, but is required to be emptied by
       mechanical means due to its size.
       (b)     Amortization of nonconforming dumpsters. All legally placed
       nonconforming dumpsters shall be made to conform to the provisions of this
       section within one year of the effective date of this section. All such dumpsters
       shall be made to comply by July 1,2006.

       (c)     Exemptions. The provisions of this section shall not apply to dumpsters
       on R-4 zoned property, providing the dumpster meets the minimum setbacks of
       the zoning district, is screened from view by solid fence or wall a minimum of six
       feet in height, and is serviceable in that location by a waste hauler vehicle. A
       dumpster which is located on a site on a temporary basis for the purpose of
       construction being done pursuant to a valid, current permit, trash collection, or
       cleaning of the site shall be exempt from this requirement.


       SECTION 3: The definition of "Vehicle, recreational" as provided by Section

138-1(b) of the Pinellas County Code is hereby amended to read as follows:

Sec. 138-1. Definitions and rules of construction.

        Vehicle, recreational means and includes the following types of vehicles (each of
the following shall have a body width not to exceed 102 inches and a body length not to
exceed 40 feet when stored on residential parcels as an accessory use):

       (1)     Travel trailer means a vehicular, portable structure built on a chassis,
                  designed to be used as a temporary dwelling for travel, recreation, and
                  vacation uses.

         (2)      Pickup coach means a structure designed to be mounted on a truck chassis
                  with sufficient equipment to render it suitable for use as a temporary
                  dwelling for travel, recreation, and vacation uses.

         (3)      Motor home-means a portable, temporary dwelling to be used for travel,
                  recreation, and vacation uses, constructed as an integral part of a self-
                  propelled vehicle.

         (4)      Camping trailer means a collapsible temporary dwelling structure
                  mounted on wheels, and designed for travel, recreation, and vacation uses.

         (5)      Auto camper means a lightweight, collapsible unit that fits on top of an
                  automobile and/or into the trunk with the cover removed, and designed for
                  travel, recreation, and vacation uses.


SECTION 4: Severability
If any section, sentence, clause, phrase, or word of this Ordinance is, for any reason, held
or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not
affect the remaining portions of this Ordinance, and it shall be construed to be the
legislative intent to pass this Ordinance without such unconstitutional, invalid or
inoperative part therein.


SECTION 5: Effective Date
Pursuant to Section 125.66 of the Florida Statutes, a certified copy of this Ordinance shall
be filed with the Department of State by the Clerk of the Board of County
Commissioners. This Ordinance shall become effective when the acknowledgment is
received from the Secretary of State that the Ordinance has been duly filed.


SECTION 6: Inclusion Clause
The provision of this Ordinance shall be included and incorporated in the Pinellas County
Code, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Pinellas County Code.

                                                re
H:\USERS\ATYKBl l\WPdocs\DSS\Ordinances\Ordinance Dumpsters Animated Signs.doc
  APPROVED AS TO FORM
OFFICE W CWNM ATORNM
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