ORDINANCE SECTION 1. BY AMENDING APPENDIX A, ARTICLE I, SECTION 3, DEFINITIONS, BY DELETING THE FOLLOWING DEFINITIONS:

Transcription

1 ORDINANCE An Ordinance amending the Hernando County Code of Ordinances, Appendix A, as follows: By amending Article I, Short Title; Definitions, Section 3, Definitions; By amending Article 111, Specific Regulations, Section 3, Specific Use Regulations, (F) Commercial Vehicles and Equipment; By amending Article IV, Section 1 Establishment of Zoning Districts, (B) Interpretation of Zoning District Boundaries; Section 2 Residential Districts, (A) R-1A Residential District (4) Dimension and Area Regulations; (B) R-1B Residential District, (4) Dimension and Area Regulations; R-1C Residential District, (4) Dimension and Area Regulations; (D) R-2.5 Residential District, (4) Dimension and Area Regulations; (E) RM Residential District, (4) Dimension and Area Regulations; (F) R-2 Residential District, (4) Dimension and Area Regulations; (G) R-3 Residential District, (4) Dimension and Area Regulations; (H) R-R Residential District, (4) Dimension and Area Regulations; By amending Article IV, Section 6 Rural Districts, (A), Agricultural District, (3) Special Exception Uses; (5) Special Regulations; By amending Article IV, Section 5, Planned Developmpt Districts; By amending Article V, Section 3, Appeals and Variances; By amending 4, Conditional Use Permit (D) Issuance of Permit; By creating Article V, $$on$+ (m Review by Governing Body; By amending Article V, Section 8, Special ~*ti&* U*, Regulations, (G) Review by Governing Body; By amending Article V~P: ~l&er Development Project, Section 1 Planned Development Projects, (B) Through the Addition of (J), Signs; By amending Appendix A, Article Development Project, Section 5 Permitted Uses; Providing for Severability; Inclusion into the Code; Providing for an Effective Date. SECTION 1. BY AMENDING APPENDIX A, ARTICLE I, SECTION 3, DEFINITIONS, BY DELETING THE FOLLOWING DEFINITIONS: 110. Heliport: a designated landing area, other than at an airport, used primarily for the operating and basing of rotorcraft Heliport primary surface. The area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport or helistop. This surface is a horizontal plane at the elevation of the established heliport elevation Helistop: a designated landing area, other than at an airport, used primarily for the operating of rotorcraft where no basing facilities are provided. SECTION 2. BY AMENDING APPENDIX A, ARTICLE 111, SPECIFIC REGULATIONS, SECTION 3, SPECIFIC REGULATIONS. (F), COMMERCIAL VEHICLES AND EQUIPMENT, AS FOLLOWS: F. Commercial vehicles and equipment:

2 1. The parking of commercial vehicles and equipment is unlawful in all residential zoning districts, residential planned development projects, mobile home planned development projects, R-IMH district, C-3 mobile home park districts and all agricultural/residential districts unless the equipment or vehicle is being utilized in connection with a construction or service activity being conducted in the immediate area. Service activity does not include the service or maintenance of commercial vehicles or equipment. Commercial equipment such as a utility trailer, lawn equipment or construction equipment, may be stored on the premises if they are stored inside or in an area not visible from the streets or other property. 2. A special exception use permit may be applied for pursuant to Article V, Section 8. Special Exception Use Regulations of this ordinance on parcels zoned AR, AR-1 or AR-2 in order to park one (1) commercial vehicle, operated by the legal residents of the parcel, provided the property is a minimum of 2% acres in size. 3. One (1) commercial vehicle, operated by the legal residents of the parcel, is allowed to be parked on an agriculturally zoned parcel. A special exception use permit may be applied for pursuant to Article V, Section 8. Special Exception Use Regulations of this ordinance in the agricultural district to park additional commercial vehicles, operated by the legal residents of the parcel, provided the property is a minimum of 2% acres in size. This section is not intended to limit the parking of commercial vehicles in the AG district when the vehicles are associated with a permitted AG use on the property. 4. The parking of commercial vehicles and equipment is unlawful in the C-1, C-2, C-3, OP, CM-1, CM-2, AC, PDP(GHC), PDP(GC), PDP(HC), PDP(NC), and PDP(0P) districts unless the commercial vehicle and equipment is associated with the permitted use of the property. 5. The parking of commercial vehicles, not associated with the business or businesses located on the site, is permitted in the C-1, C-2, PDP(GHC), PDP(GC) and PDP(HC) districts, with the following performance conditions: a. The parking of commercial vehicles shall be limited to no more than ten commercial vehicles. b. The parking of commercial vehicles shall not be allowed on any commercial tract less than five acres. c. The parking of commercial vehicles shall only be allowed on paved parking lots. d. The property on which the commercial vehicles may park shall have direct access to County truck routes.

3 1 6. Any commercial vehicle operated by the legal resident of a parcel which was 2 legally parked on the parcel on or prior to October 13, 1998, may continue to be 3 parked on that parcel until January 1, 2005, at which time it must be removed. 4 5 SECTION 3. AMENDING APPENDIX A, ARTICLE IV, SECTION 1 6 ESTABLISHMENT OF ZONING DISTRICTS, (B) 7 INTERPRETATION OF ZONING DISTRICT BOUNDARIES, AS 8 FOLLOWS: 9 10 B. Interpretation of zoning district boundaries: The following rules shall be used to interpret 11 the exact location of the zoning district boundaries shown on the zoning map: (1) Where a zoning district boundary follows a street or railroad, the center 14 line of the street or railroad right-of-way is the boundary of the zoning 15 district (2) Where a zoning district boundary approximately follows a lot or property 18 line, that line is the boundary of the zoning district (3) Where a zoning district boundary follows a stream or the shore of a body 21 of water, other than the Gulf of Mexico, the center of the stream, canal, 22 creek or lake shall be the boundary of the zoning district. If the zoning 23 district abuts the Gulf of Mexico, the boundary of the zoning district shall 24 extend to the mean low tide water mark (4) Where a zoning district boundary does not clearly follow any of the 27 features mentioned above, its exact location on the ground shall be 28 determined by measurement according to map scale (5) In any case the exact location of a zoning district boundary is not clear, the 31 administrative official shall appeal to the board for an interpretation and 32 administrative decision SECTION 4. BY AMENDING APPENDIX A ARTICLE IV, SECTION 2 35 RESIDENTIAL DISTRICTS, (A) R-1A DISTRICT, (4) DIMENSION 36 AND AREA REGULATIONS, u), ACCESSORY STRUCTURES, 37 THROUGH ADDITION, AS FOLLOWS: (j) Accessory structures : i. Accessory buildings are permitted only in side and rear yards. Such accessory 42 buildings shall be at least five (5) feet from side and rear lot lines. 43

4 Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways Swimming pools and screened swimming pool enclosures are permitted only in the side or rear yard and must be at least five (5) feet from side and rear property lines. iv. Attached carports shall meet the principal building yard requirements of the district. v. Detached accessory structures which have impervious roof coverings shall be permitted only in the side and rear yard and must be at least five (5) feet from the side and rear property lines. vi. Detached accessory structures which have a fabric or screen roof shall be permitted only in the rear yard and must be at least five (5) feet from the rear property lines. A detached accessory structure which has a fabric or screen roof and is rendered nonconforming by the adoption of this ordinance shall be brought into conformance with County regulations by January 1, 2000 or be removed. SECTION 5. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 2 RESIDENTIAL DISTRICTS, (B) R-1B DISTRICT, (4) DIMENSION AND AREA REGULATIONS, (j), ACCESSORY STRUCTURES, THROUGH ADDITION, AS FOLLOWS: (i) Accessory structures: 1. Accessory buildings are permitted only in side and rear yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways. iii. iv. Swimming pools and screened swimming pool enclosures are permitted only in the side or rear yard and must be at least five (5) feet from side and rear property lines. Attached carports shall meet the principal building yard requirements of the district.

5 v. Detached accessory structures which have impervious roof coverings shall be permitted only in the side and rear yard and must be at least five (5) feet from the side and rear property lines. vi. Detached accessory structures which have a fabric or screen roof shall be permitted only in the rear yard and must be at least five (5) feet from the rear property lines. A detached accessory structure which has a fabric or screen roof and is rendered nonconforming by the adoption of this ordinance shall be brought into conformance with County regulations by January 1, 2000 or be removed. SECTION 6. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 2 RESIDENTIAL DISTRICTS, R-1C DISTRICT, (4) DIMENSION AND AREA REGULATIONS, (j), ACCESSORY STRUCTURES, AS FOLLOWS: (j) Accessory structures : 1. Accessory buildings are permitted only in side and rear yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. ii. iii. iv. Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways. Swimming pools and screened swimming pool enclosures are permitted only in the side or rear yard and must be at least five (5) feet from side and rear property lines. Attached carports shall meet the principal building yard requirements of the district. v. Detached accessory structures which have impervious roof coverings shall be permitted only in the side and rear yard and must be at least five (5) feet from the side and rear property lines. vi. Detached accessory structures which have a fabric or screen roof shall be permitted only in the rear yard and must be at least five (5) feet from the rear property lines. A detached accessory structure which has a fabric or screen roof and is rendered nonconforming by the adoption of this ordinance shall be brought into conformance with County regulations by January 1, 2000 or be removed. SECTION 7. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 2 RESIDENTIAL DISTRICTS, (D) R-2.5 DISTRICT, (4) DIMENSION

6 AND AREA REGULATIONS, (j), ACCESSORY STRUCTURES, AS FOLLOWS: (j) Accessory structures: 1. Accessory buildings are permitted only in side and rear yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways Swimming pools and screened swimming pool enclosures are permitted only in the side or rear yard and must be at least five (5) feet from side and rear property lines. iv. Attached carports shall meet the principal building yard requirements of the district. v. Detached accessory structures which have impervious roof coverings shall be permitted only in the side and rear yard and must be at least five (5) feet from the side and rear property lines. vi. Detached accessory structures which have a fabric or screen roof shall be permitted only in the rear yard and must be at least five (5) feet from the rear property lines. A detached accessory structure which has a fabric or screen roof and is rendered nonconforming by the adoption of this ordinance shall be brought into conformance with County regulations by January 1, 2000 or be removed. SECTION 8. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 2 RESIDENTIAL DISTRICTS, (E) RM DISTRICT, (4) DIMENSION AND AREA REGULATIONS, (j), ACCESSORY STRUCTURES, AS FOLLOWS: (j) Accessory structures : i. Accessory buildings are permitted only in side and rear yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

7 1 iii. Swimming pools and screened swimming pool enclosures are permitted only in the 2 side or rear yard and must be at least five (5) feet from side and rear property 3 lines. 4 5 iv. Attached carports shall meet the principal building yard requirements of the 6 district. 7 8 v. Detached accessory structures which have impervious roof coverings shall be 9 permitted only in the side and rear yard and must be at least five (5) feet from the 10 side and rear property lines vi. Detached accessory structures which have a fabric or screen roof shall be permitted 13 only in the rear yard and must be at least five (5) feet from the rear property lines. 14 A detached accessory structure which has a fabric or screen roof and is rendered 15 nonconforming by the adoption of this ordinance shall be brought into conformance 16 with County regulations by January 1, 2000 or be removed SECTION 9. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 2 19 RESIDENTIAL DISTRICTS, (F) R-2 DISTRICT, 4 DIMENSION AND 20 AREA REGULATIONS, (j), ACCESSORY STRUCTURES, AS 21 FOLLOWS: (j) Accessory structures: Accessory buildings are permitted only in side and rear yards. Such accessory 26 buildings shall be at least five (5) feet from side and rear lot lines Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback 30 is required from lot lines adjoining waterways iii. Swimming pools and screened swimming pool enclosures are permitted only in the 33 side or rear yard and must be at least five (5) feet from side and rear property 34 lines iv. Attached carports shall meet the principal building yard requirements of the 37 district v. Detached accessory structures which have impervious roof coverings shall be 40 permitted only in the side and rear yard and must be at least five (5) feet from the 4 1 side and rear property lines. 42

8 vi. Detached accessory structures which have a fabric or screen roof shall be permitted only in the rear yard and must be at least five (5) feet from the rear property lines. A detached accessory structure which has a fabric or screen roof and is rendered nonconforming by the adoption of this ordinance shall be brought into conformance with County regulations by January 1, 2000 or be removed. SECTION 10. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 2 RESIDENTIAL DISTRICTS, (G) R-3 DISTRICT, (4) DIMENSION AND AREA REGULATIONS, (j), ACCESSORY STRUCTURES, AS FOLLOWS: (j) Accessory structures: 1. Accessory buildings are permitted only in side and rear yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways. iii. iv. Swimming pools and screened swimming pool enclosures are permitted only in the side or rear yard and must be at least five (5) feet from side and rear property lines. Attached carports shall meet the principal building yard requirements of the district. v. Detached accessory structures which have impervious roof coverings shall be permitted only in the side and rear yard and must be at least five (5) feet from the side and rear property lines. vi. Detached accessory structures which have a fabric or screen roof shall be permitted only in the rear yard and must be at least five (5) feet from the rear property lines. A detached accessory structure which has a fabric or screen roof and is rendered nonconforming by the adoption of this ordinance shall be brought into conformance with County regulations by January 1, 2000 or be removed. SECTION 11. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 2 RESIDENTIAL DISTRICTS, (H) R-R DISTRICT, 4 DIMENSION AND AREA REGULATIONS, (j), ACCESSORY STRUCTURES, AS FOLLOWS: (j) Accessory structures :

9 1. Accessory buildings are permitted only in side and rear yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways. iii. iv. Swimming pools and screened swimming pool enclosures are permitted only in the side or rear yard and must be at least five (5) feet from side and rear property lines. Attached carports shall meet the principal building yard requirements of the district. v. Detached accessory structures which have impervious roof coverings shall be permitted only in the side and rear yard and must be at least five (5) feet from the side and rear property lines. vi. Detached accessory structures which have a fabric or screen roof shall be permitted only in the rear yard and must be at least five (5) feet from the rear property lines. A detached accessory structure which has a fabric or screen roof and is rendered nonconforming by the adoption of this ordinance shall be brought into conformance with County regulations by January 1, 2000 or be removed. SECTION 12. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 6 RURAL DISTRICTS, (A) AGRICULTURAL DISTRICTS, (3) SPECIAL EXCEPTION USES, THROUGH ADDITION, AS FOLLOWS: (3) Special Exception Uses: In the agricultural district the following are special exception uses that may be approved and may be subject to other ordinance provisions: (a) (b) (c) (d) (e) Retail sales on the premises of permitted agricultural products and services produced on the premises: provided, that where such products or services are sold from roadside stand, such stand shall be set back from any public street right-of-way at least seventy-five (75) feet and shall be provided with automobile access and off-street parking space in such a manner so as to not create an undue traffic hazard on the street on which such roadside stand is located. Paint Ball ranges Boat, canoe, motorcycle, bicycle and off-road vehicle rental establishments where rental items are used on the premises. Commercial fishing ponds Home occupations

10 Dude ranches Commercial riding stables Private Airstrips Hunting camps Fishing camps Government research and associated educational facilities Bed and breakfast establishments Horse Shows with maximum seating capacity for fifty (50) persons Rodeos with maximum seating capacity for fifty (50) persons Livestock auctions SECTION 13. BY AMENDING ARTICLE IV, SECTION 6 RURAL DISTRICTS, (A) AGRICULTURAL DISTRICTS, 5, SPECIAL REGULATIONS, AS FOLLOWS: (e) Live stock auctions: 1. Shall be limited to two (2) events per thirty days 2. May operate between the hours of 8:00 a.m. and 10:OO p.m. only on Friday and Saturday and between the hours of 8 a.m. and 6 p.m. on Sunday. 3. Shall be held on a minimum of ten (10) acres of land. 4. Shall have a minimum setback of 100 feet from adjacent properties. 5. Shall be limited to 10,000 square feet of pen and buildings. SECTION 14. BY AMENDING APPENDIX A, ARTICLE IV, SECTION 5, PLANNED DEVELOPMENT DISTRICT, THROUGH ADDITION AS FOLLOWS: The following regulations shall apply to all planned development districts: A. Planned Development Districts are as follows: 1. PDP (Single Family) 2. PDP (Multifamily) 3. PDP (Mobile Home) 4. PDP (Rural) 5. PDP (Resort Residential) 6. PDP (General Commercial District) 7. PDP (General Highway Commercial) 8. PDP (Highway Commercial District) 9. PDP (Neighborhood Commercial District) 10. PDP (Heavy Highway Commercial District) 11. PDP (Industrial District) 12. PDP (Heavy Industrial District)

11 13. PDP (OfficeIProfessional District) 14. PDP (Recreational) 15. PDP (Public Service Facility) 16. PDP (Special Uses) 17. CIPDP (Combined) 18. PDP (Corporate Park District) 19. PDP (Aviation Facilities District) B. Dimensions and area regulations: Dimension and area regulations shall be as provided for in Section 1 of Article VIII of the Land Development Regulations. Dimension and area regulations shall be shown on the submitted PDP Plan, pursuant to the requirements of Article VIII. C. Mapping Designations: The following district designations will be used for mapping purposes: Zoning Designation 1. PDP (Single Family) 2. PDP (Multifamily) 3. PDP (Mobile Home) 4. PDP (Rural) 5. PDP (Resort Residential) 6. PDP (General Highway Commercial) 7. PDP (General Commercial District) 8. PDP (Highway Commercial District) 9. PDP (Neighborhood Commercial District) 10. PDP (Heavy Highway Commercial District) 11. PDP (Industrial District) 12. PDP (Heavy Industrial District) 13. PDP (OfficeIProfessional District) 14. PDP (Recreational) 15. PDP (Public Service Facility) 16. PDP (Special Uses) 17. PDP (Combined) 18. PDP (Corporate Park District) 19. PDP (Aviation Facilities District) Mapping Designation PDP (SF) PDP (MF) PDP (MH) PDP (RUR) PDP (RR) PDP (GHC) PDP (GC) PDP (HC) PDP (NC) PDP (HHC) PDP (IND) PDP (HID) PDP (OP) PDP (REC) PDP (PSF) PDP (SU) CPDP PDP(CP) PDP(AF) SECTION 15. BY AMENDING ARTICLE V, SECTION 3, APPEALS AND VARIANCES, AS FOLLOWS: Section 3. Appeals and Variances.

12 A. Authority of the Governing Body. The Governing Body shall have the following powers and duties: (1) The Governing Body shall hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by the Administrative Official in the enforcement of the zoning ordinance. The Governing Body may, upon appeal and in conformity with provisions of this part, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by the Administrative Official in the enforcement of the zoning ordinance. In making any necessary order, requirement, decision, or determination, the Governing Body shall have all the powers of the Administrative Official from whose decision the appeal is taken. (2) The Governing Body may authorize upon appeal a variance from the terms of the ordinance that will not be contrary to the public interest when due to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance, the Governing Body shall consider: (a) (b) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; That the special conditions and circumstances do not result from the actions of the applicant; 0 That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; (d) (e) (f) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; That the granting of the variance will be in harmony with the general intent and purpose of the Land Development Regulations and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

13 (3) The Governing Body may prescribe appropriate conditions and safeguards in conformity with the Land Development Regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. (4) The Governing Body may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. Authority of the Administrative OfSicial: The Administrative Official shall have the following duties : (1) The Administrative Official shall interpret the Zoning Ordinance and make determinations of appropriate uses within a zoning district. (2) The Administrative Official shall review and grant or deny variances to the Zoning Ordinance. The Administrative Official shall review all variances based on the criteria listed below: (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district (2) The special conditions and circumstances do not result from the actions of the applicant. (3) The requested variance will not be detrimental to the development pattern in the neighborhood. (4) The requested variance will enable the petitioner to avoid building in the flood plain. (5) The requested variance will enable the petitioner to protect one or more specimen trees. (6) The requested variance is the result of a development plan proposing a more efficient and safe design through an access management plan approved by the Development Review Committee. (7) The requested variance is for a front yard corner lot and will not have any adverse impact on the established development pattern of the adjacent lots.

14 1 (8) The requested variance is for an addition for a building with an existing portion 2 already encroaching into the yard and will not extend past a line established by the 3 existing encroachment running parallel to the lot line. 4 5 (9) The requested variance will further the reconstruction, rehabilitation, or restoration 6 of structures listed in or classified as contributing to a district listed in the National 7 Register of Historic Places, the Local Register of Historic Places, or the State 8 Inventory of Historic Places D. Variances: (1) Dimensional variance runs with the land: A dimensional variance applies to the 13 property for which it is granted, and not to the individual who applies for it. A 14 dimensional variance is transferable to any future owner of the land, but it cannot 15 be transferred by the applicant to a different site (2) Findings maintained bv the Administrative Official; All findings necessary for the 18 granting of a dimensional variance, along with any imposed conditions or 19 restrictions, shall be maintained by the Administrative Official. These findings 20 shall be issued in written form to the applicant to constitute proof of the 21 dimensional variance (3) A variance shall not be granted to allow a use not otherwise permitted in the zoning 24 district E. Variance procedure: (1) The Administrative Official shall, following the receipt of the completed 29 application for a variance, review the application and, within fifteen days, issue a 30 notice of intent, for either the approval or the denial of the variance (a) If the notice of intent is to approve the variance, a mailing shall be issued 33 to the property owners within 250 feet of the property under consideration 34 for the variance. This notice shall indicate that it is the Administrative 35 Official's intent to approve the requested variance fifteen (15) days after the 36 date of the mailing if no appeal is filed. The notice of intent shall be 37 forwarded to the Board of County Commissioners (b) If no appeal is filed within fifteen (15) days objecting to the Administrative 40 Official's decision to approve the variance, the decision shall stand. If an 41 appeal is filed by 5 p.m. on the fifteenth day, the Administrative Official 42 shall schedule a public hearing for the Governing Body to hear the 43 application for the variance.

15 1 2 If the Administrative Official's intent is to deny the requested variance, the 3 Administrative Official shall send notification letters to the applicant and 4 the property owners within 250 feet of the property under consideration for 5 the variance, indicating the Administrative Official's intent to deny the 6 variance. The notice of intent shall be forwarded to the Board of County 7 Commissioners. 8 9 (d) If no appeal is filed within fifteen (15) days objecting to the Administrative 10 Official's decision to deny the variance, the decision shall stand. If an 11 appeal is filed by 5 p.m. on the fifteenth day, the Administrative Official 12 shall schedule a public hearing for the Governing Body to hear the 13 application for the variance F. Appeal procedure: (1) For Administrative Decisions: Appeals to the Governing Body for an 18 administrative decision may be taken by any person aggrieved or by any officer, 19 board, or bureau of the Governing Body affected by the decision of the 20 Administrative Official. Such appeal shall be taken within thirty (30) days after 21 rendition of the order, requirement, decision, or determination appealed by filing 22 with the Administrative Official from whom the appeal is taken and with the 23 Governing Body an application of appeal specifying the grounds thereof. Upon a 24 hearing, any party may appear in person, by agent, or by attorney A. Application for Variance Appeal: The application for the appeal of the Administrative 28 Official's intent to either approve or deny a variance shall be in the form prescribed by the 29 Governing Body. Such an application shall be included with the Administrative Official's 30 letter of intent which is mailed to adjacent property owners. The individual filing an 31 appeal shall include any additional data supporting the appeal at the time of filing H. Required Notice for Appeals and Variances: 34.. otice in Newspaper; 35 (1) The Administrative Official shall cause a notice of the time, place, and purpose of 38 such hearing to be published in a newspaper of general circulation in the County 39 at least ten (10) days prior to the hearing (2) Mail Notice; 42

16 (a) (b) The Administrative Official shall mail notices setting forth the time, place and purpose of the hearing to the parties in interest when a specific parcel is involved. The Administrative Official shall also mail notices to the owner of every parcel of land within a distance of two hundred fifty (250) feet in any direction from the property line of the land in question when the hearing involves a specific parcel of land. Notice shall be mailed to the owner's current address of record maintained by the assessor of taxes of the Governing Body and shall be postmarked no later than ten (10) days prior to the scheduled hearing date. The Administrative Official shall present an affidavit or mailing certification certifying compliance with the notice requirement of this section, along with a list of the persons and addresses to which notices were mailed, at the time of the hearing. (3) Sign Posting: The applicant shall, upon the setting of the hearing on a proposed variance, and not less than fifteen (15) days prior to the date set for the public hearing, post sign(s) on the parcel of land for which the variance is proposed. (a) Such sign shall have the size, shape, design and color determined by the Administrative Official. The following information shall be printed or otherwise made to appear on the sign: PUBLIC NOTICE VARIANCE HEARING BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY, FLORIDA (insert date, meeting time, and location) PROPOSED VARIANCE (description of variance) (b) The sign(s) furnished by the County shall be posted by the applicant along each front lot line with the bottom of the sign at least three (3) feet above grade on the property being considered for a variance. The sign cards shall be posted at the outer property line along the road or street frontage and shall be clearly visible. If the frontage is in excess of three hundred (300) feet, posting of the signs shall be determined by the County. In cases where the property does not have frontage on a road, the sign cards shall be posted at the property corners, and where the access road intersects with the nearest county road.

17 8 After the signs are posted, the petitioner shall prepare an affidavit certifying that the required signs were posted, including a description of the parcel of land on which the signs were placed. This affidavit must be filed with the Administrative Official prior to the public hearing. The County shall make affidavit forms available for use by the applicant. The applicant shall pay all costs and expenses in connection with public notice of such hearing and related notices in addition to any other fee required for administration. Review by Circuit Court; An aggrieved party may appeal a final administrative order of the Governing Body to the Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to 16 appellate review of the record created before the Governing Body. An appeal shall be 17 filed within thirty (30) days of the execution of the order to be appealed SECTION 16. BY AMENDING ARTICLE V, SECTION 4, CONDITIONAL USE 20 PERMITS, AS FOLLOWS: D. Issuance of Permit: (1) After the application and accompanying information has been received and 25 processed by the Development Department, those applications for conditional use 26 permits of two weeks or less duration shall be approved or denied by the 27 Administrative Official within fourteen (14) days, unless referred to the Planning 28 and Zoning Commission for review and action. The Administrative Official's 29 decision may be appealed to the Board of County Commissioners (2) Those applications for conditional use permits of more than two (2) weeks and five 32 (5) years or less duration must be reviewed and acted upon by the Planning and 33 Zoning Commission (3) No conditional use permit shall be issued for a period to exceed two (2) years 36 unless otherwise specified in this Ordinance. However, conditional use permits 37 may be renewed or extended upon reapplication SECTION 17. BY AMENDING ARTICLE V, SECTION 4, CONDITIONAL USE 40 PERMIT, THROUGH CREATION OF E. REVIEW OF GOVERNING 4 1 BODY, AS FOLLOWS: 42

18 1 E. Review by governing body. The governing body, by a majority vote, may decide to review 2 any conditional use permit decision rendered by the planning and zoning commission. 3 4 The decision of the governing body to review such decision must be made within thirty 5 (30) days of the rendering of the decision of the planning and zoning commission. If at 6 least a majority (three (3) members) of the governing body do not vote to review the 7 commission action within thirty (30) days, the commission decision shall be deemed final 8 and subject only to review by circuit court The initial review of the decision by the governing body shall be at a public hearing held 11 within sixty (60) days of the commission decision. "Public notice," for this subsection, 12 shall mean publication of notice of the time, place and purpose of such hearing one time 13 in a newspaper of general circulation in the county, such publication to be at least five (5) 14 days prior to such hearing, and such notice shall be posted in a conspicuous place or places 15 on or around such lots, parcels or tracts of lands as may be involved in the hearing. 16 Affidavit proof of the required publication and posting of the notice shall be presented at 17 the hearing At the public hearing, the governing body may affirm, modify or reverse the decision of 20 the planning and zoning commission SECTION 18. BY AMENDING ARTICLE V, SECTION 8, SPECIAL EXCEPTION 23 USE REGULATIONS, G. REVIEW BY GOVERNING BODY, AS 24 FOLLOWS: G. Review by governing body. The governing body, by a majority vote, may decide to review 27 any special exception decision rendered by the planning and zoning commission The decision of the governing body to review such decision must be made within thirty 30 (30) days of the rendering of the decision of the planning and zoning commission. If at 31 least a majority (three (3) members) of the governing body do not vote to review the 32 commission action within thirty (30) days, the commission decision shall be deemed final 33 and subject only to review by circuit court The initial review of the decision by the governing body shall be at a public hearing held 36 within sixty (60) days of the commission decision. "Public notice," for this subsection, 37 shall mean publication of notice of the time, place and purpose of such hearing one time 38 in a newspaper of general circulation in the county, such publication to be at least five (5) 39 days prior to such hearing, and such notice shall be posted in a conspicuous place or places 40 on or around such lots, parcels or tracts of lands as may be involved in the hearing. 41 Affadavit proof of the required publication and posting of the notice shall be presented at 42 the hearing. 43

19 The Board of County Commissioners by motion or written request of the applicant, any party with standing or by its own motion may extend or continue for a reasonable period, the time frames mentioned above. The Board also has the authority to continue, on its own motion, to a later date a final decision on any special exception matter pending before it for review. At the public hearing, the governing body may affirm, modify or reverse the decision of the planning and zoning commission. The decision of the Board reviewing any special exception decision rendered by the Planning and Zoning Commission is final and any affected party has thirty (30) days from the rendition of the Board of County Commissioner's final decision to appeal to the Circuit Court by Certiorari the Board's final decision. SECTION 19. BY AMENDING APPENDIX A, ARTICLE VIII, PLANNED DEVELOPMENT PROJECT, SECTION 1 B. PERIMETER SETBACK, THROUGH ADDITION, AS FOLLOWS: Section 1: Planned Development Projects All Planned Development Projects shall meet the following requirements for development: B. Perimeter Setback The following shall be the minimum building front, rear and side setbacks for the portion of the project which is adjacent to the project perimeter: PDP (Residential Uses) PDP (Neighborhood Commercial) PDP (Commercial/Office-Professional Uses) PDP (Industrial Uses) PDP (Agricultural, County 2.5) Front 25 Side 10 Rear 20 Front 50 Side 20 Rear 35 Front 75 Side 20 Rear 35 Front 75 Side 20 Rear 35 Front 75

20 Side 25 Rear 35 PDP (Agricultural/Residential) PDP (Recreation) PDP (Residential SF Manufactured Home) PDP (Corporate Park) PDP (Airport Facilities District) Front 50 Side 10 Rear 35 Front 75 Side 25 Rear 25 Front 25 Side 10 Rear 15 Front 75 Side 20 Rear 35 Front 75 Side 20 Rear 35 Along US 19, SR 50, US 41, US 98, US 301, CR 578, CR 485 and CR 50, front yard requirements shall be 125 feet. Residential uses located on CR 578 between US 19 and Oak Lake Drive shall meet the standard setback of the district. SECTION 20. BY AMENDING APPENDIX A, ARTICLE VIII, PLANNED DEVELOPMENT PROJECT, SECTION 1, THROUGH THE ADDITION OF J, SIGNS, AS FOLLOWS: J. Signs All proposed signage within a planned development project shall meet the requirements of the County's sign ordinance. Any deviations to the sign ordinance shall be presented on a signage plan, separate from the master plan, at time of submittal of the application for the master plan. The developer may suggest alternative signage for review and approval by the Board of County Commissioners. SECTION 21. BY AMENDING APPENDIX A, ARTICLE VIII, SECTION 5, PLANNED DEVELOPMENT PROJECT PERMITTED USES, THROUGH ADDITION, AS FOLLOWS: Section 5: Permitted Uses

21 PDP (Single Family): All permitted uses and special exception uses allowed in the R-1 A, R-lB, R-lC, R-2.5, R-2 and R-1MH zoning districts which have been specifically designated or specified in the narrative or on the plan. PDP (Multifamily): All permitted uses in the R-3 zoning district. Any special exception uses allowed in the R-3 zoning district which have been specifically designated or specified in the narrative or on the plan. PDP (Mobile Home): All permitted and special exception uses allowed in the RM zoning district which have been specifically designated or specified in the narrative or on the plan. PDP (Rural): All permitted and special exception uses allowed in the AG, AR, AIR-1, AIR-2, Country 2.5 and A-C zoning districts which have been specifically designated or specified in the narrative or on the plan. PDP (Resort Residential): All permitted uses and special exception uses allowed in the RR zoning district which have been specifically designated or specified in the narrative or on the plan. PDP (General Highway Commercial): All permitted uses in the C-1 zoning district. Any special exception uses allowed in the C-1 zoning district which have been specifically designated or specified in the narrative or on the plan. Any permitted and special exception uses from the C-2 zoning district specifically designated in the narrative or on the plan. PDP (General Commercial): All permitted uses in the C-1 zoning district. Any special exception uses allowed in the C-1 zoning district which have been specifically designated or specified in the narrative or on the plan. Any permitted and special exception uses from the C-2 or OIP zoning districts specifically designated in the narrative or on the plan. PDP (Highway Commercial): All permitted uses in the C-2 zoning district. Any special exception uses allowed in the C-2 zoning district which have been specifically designated or specified in the narrative or on the plan. Any permitted and special exception uses from the OIP and C-4 zoning districts specifically designated in the narrative or on the plan. PDP (Neighborhood Commercial): All permitted uses in the C-3 zoning district. Any special exception uses allowed in the C-3 zoning district which have been specifically designated or specified in the narrative or on the plan. Any permitted and special exception uses from the C-1 zoning district specifically designated in the narrative or on the plan. PDP (Heavy Commercial): All permitted uses in the C-4 zoning district. Any special exception uses allowed in the C-4 zoning district which have been specifically designated or specified in the narrative or on the plan. Any permitted and special exception uses from the C-2, OIP, 1-1 and 1-2 zoning districts designated in the narrative or on the plan. PDP (Light Industrial): All permitted uses in the 1-1 and C-4 zoning districts. Any special exception uses allowed in the 1-1 and C 4 zoning districts which have been specifically designated or specified in the narrative or on the plan. Any permitted

22 and special exception uses from the 1-2 zoning districts designated in the narrative or on the plan. 12. PDP (Heavy Industrial): All permitted uses in the 1-2 zoning district. Any special exception uses allowed in the 1-2 zoning district which have been specifically designated or specified in the narrative or on the plan. 13. PDP (Office/Professional):All permitted uses in the O/P district. Any special exception uses allowed in the O/P zoning district which have been specifically designated or specified in the narrative or on the plan. Any permitted and special exception uses from the C-1 zoning district, which have been specifically designated in the narrative or on the plan. 14. PDP (Recreation):All permitted uses and those special exception uses in the narrative or in the R-C district, plus any of the following which have been designated on the approved master plan: Golf Courses Miniature Golf Course Go-cart Tracks Tennis Complexes Baseball or golf driving ranges Bathing Beaches Swimming Facilities Picnic Grounds Amusements piers, mechanical riding devices, carnivals, circuses, animal displays, aquariums, menageries or exhibit museums Outdoor rifle, shotgun, pistol or archery ranges Natural Buffer areas All park districts, including private, mini-parkltot lots, neighborhood, community and regional parks Recreational Airports Other outdoor uses of a recreational nature specifically approved by the Board of County Commissioners Private airstrips Clubhouses and restaurants as accessory uses to a permitted use Pro Shops as accessory uses to a permitted use Concession stands accessory uses to a permitted use 15. PDP (Public Service Facility Overlay District): All government and public service uses and structures consistent with the master plan approval. 16. PDP (Special Use): This category will include open space, conservation and all other uses not specifically enumerated in the Planned Development Project section but shown on the approved PDP Plan.

23 17. PDP (Combined): This category is for mapping purposes for PDPs that contain more than two approved uses and not platted or developed. 18. PDP (Corporate Park): The following uses shall be allowed within the Corporate Park designation: Day care centers Business, professional and nonprofit organization office use, but not including the sale or storage of merchandise except where the sale or storage of merchandise relates directly to the rendering of professional services Publicly owned or operated building. One (1) single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public Personal Service Establishments Domestic and business service establishments Domestic and business repair establishments Business training schools Restaurants with or without alcohol dispensation Hotels Motels Aircraft parts establishments Light manufacturing Light wholesale and storage establishments Light outdoor advertising service establishments Light research, development and testing laboratories Publishing and printing service establishments Aquaculture, with or without above ground tanks, with proper screening 19. PDP (Aviation Facilities): (a) (b) (c) (d) (e) (f) (g) Aircraft parts establishment Aircraft establishments Aircraft fuel sales and dispensing, including the storage of fuel for such purposes Aircraft repair and maintenance facilities T-hangers Tie down areas Air Cargo establishments

24 SECTION 22. SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance, for any reason, is held to be unconstitutional, void or invalid, the validity of the remaining portions of said ordinance shall not be affected thereby. SECTION 23. INCLUSION INTO THE CODE The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of Hernando County (Land Development Regulations) as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 24. EFFECTIVE DATE This Ordinance shall be effective upon,receipt of,the official acknowledgment from the office of the Secretary of State of the State of Florida that this Ordinance has been filed with said office. ADOP'ED' BY THE BOARD OF COUNTY COMMISSIONERS IN REGULAR SESSION THIS 6th DAY OF JULY, 1999.?SEAL) '4, ' BOARD OF COLTNTY COMMISSIONERS., '-.\-,, \.,, HERNANDO COUNTY, FLORIDA