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Pasco planners approve land‑development code fix to bar RV and commercial vehicle storage in rights‑of‑way, debate legal placement

October 03, 2025 | Pasco County, Florida


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Pasco planners approve land‑development code fix to bar RV and commercial vehicle storage in rights‑of‑way, debate legal placement
The Pasco County Planning Commission on a voice vote recommended that the Board of County Commissioners adopt a Land Development Code amendment (LDC 80) that clarifies and expands prohibitions on parking or storing recreational vehicles (RVs) and some commercial vehicles in county rights‑of‑way.

Code compliance staff said the change corrects a "glitch" in the land development code and brings the county’s vehicle‑parking rules up to date with the presence of multi‑use trails, bicycle lanes and other right‑of‑way features. Denise Hernandez of the Code Compliance Department told the commission the amendment moves language that had previously applied only to small residential parcels into a countywide prohibition and specifically adds that no portion of an RV may extend over or interfere with sidewalks, multi‑use trails, bicycle lanes or vehicular rights‑of‑way.

Why it matters: staff said the revision responds to enforcement issues and clarifies that MPUDs are included among districts where commercial vehicle parking is restricted, while adding an explicit carve‑out that lawful commercial activity in commercially zoned portions of MPUDs is not prohibited.

Commission discussion centered on enforcement logistics and legal risk. Commissioners and county attorneys debated whether the prohibition should remain in the Land Development Code — where site‑plan reviewers and planners typically apply standards — or instead be placed in the county Code of Ordinances to reduce the risk of a legal challenge under Senate Bill 180, which restricts certain local land‑use rules and preemption claims. County attorneys present said Senate Bill 180 applies to comprehensive plans and land development codes but not to the Code of Ordinances; one attorney suggested placing parallel language in both documents could create a cleaner enforcement path and provide "safe harbor" from a procedural challenge.

The commission also discussed exceptions for disaster recovery. Staff and attorneys acknowledged there may be legitimate temporary needs for RV parking during rebuilding after hurricanes and noted those situations could implicate state preemption or emergency exceptions. Commissioners asked whether site‑plan reviewers would check for Code of Ordinances prohibitions if the rule were placed outside the Land Development Code; planning staff said their team typically enforces the Land Development Code and does not routinely review Code of Ordinances provisions during site‑plan review, which argues for keeping or mirroring the prohibition in the LDC.

Action and next steps: a commissioner moved to approve the proposed ordinance amendments and the motion carried on a voice vote. Staff said the item will return to the Board of County Commissioners for adoption on a future date (staff referenced a target adoption hearing on November 12). Code staff and county attorneys indicated they would consider whether mirroring language in the Code of Ordinances is desirable for enforcement and legal clarity.

Ending note: code compliance said the ordinance clarifies distinctions in current rules and adds MPUD to districts where commercial vehicle parking is restricted; the Planning Commission approved the amendment and forwarded it to the Board for final action.

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