Board of County Commissioners. Request to Schedule Public Hearing to Consider Amendment to Zoning Ordinance to Include Secondary Dwelling Additions

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1 Board of County Commissioners AGENDA ITEM Meeting: 0// 0:00 AM Department: Zoning Prepared By: Judy Gerhardt Initiator: Christopher Linsbeck DOC ID: 0 Legal Request Number: -- Bid/Contract Number: E. TITLE Request to Schedule Public Hearing to Consider Amendment to Zoning Ordinance to Include Secondary Dwelling Additions BRIEF OVERVIEW The Development Department has been working on a potential update to the Zoning Code (Appendix A) to include a definition and guidelines for accessory dwelling units. Currently, these types of additions, also known as mother-in-law suites, are not defined in the Code and have no clear set of guidelines for construction. The Hernando Builders Association (HBA) has requested that the County propose an update to the Zoning Code in order to more clearly define this type of construction. Staff would like authorization from the Board to proceed with these potential updates to the Zoning Code. Any changes to the use regulations are considered a Land Development Regulation (LDR); and as such,.() F. S. requires that the Board to hold two () public hearings with at least one () hearing conducted after PM on a weekday, unless the Board votes by a majority plus one () to have the hearing at another time of day. Therefore, the Board must authorize advertising for the proposed changes to be considered during their normal agenda scheduling. A draft of the proposed ordinance amendment to the Zoning Code is attached for informational purposes only. FINANCIAL IMPACT LEGAL NOTE Ordinances amending the Land Use Regulations of Hernando County (a/k/a "Zoning Code") must be advertised in accordance with.()(b) F. S. The Board has the authority to act on this request pursuant to Chapters and, Florida Statutes. RECOMMENDATION It is recommended that the Board of County Commissioners authorize advertising to conduct the public hearings necessary for review of the proposed additions. The proposed public hearing dates are Tuesday, February,, and Tuesday, March Updated: // : PM by Sherry Crum Page Packet Pg.

2 Agenda Item (ID # 0) Meeting of January, E.,, at :00 am or as soon thereafter as the matter may be heard. The Planning and Zoning Commission will review the proposed ordinance changes on February,. REVIEW PROCESS Christopher Linsbeck Completed // : AM Ronald Pianta Completed // : AM Cyndi Gambrel Completed 0/0/ : PM George Zoettlein Completed // : AM Sue Bishop Completed // :0 PM Richard Appicello Completed 0/0/ :0 AM Chris: Please attached ad and revised ordinance draft... Thanks Jenine Wimer Completed 0// : PM County Administrator Completed 0/0/ : PM Final Review Pending Board of County Commissioners Pending Updated: // : PM by Sherry Crum Page Packet Pg.

3 E..a ORDINANCE NO.: - AN ORDINANCE AMENDING THE LAND USE REGULATIONS OF HERNANDO COUNTY, AMENDING APPENDIX A (ZONING), HERNANDO COUNTY CODE; AMENDING ARTICLE II (GENERAL REGULATIONS), SECTION (GENERAL REGULATIONS FOR STRUCTURES AND USES); ADDING A NEW AUTHORIZED USE (ACCESSORY DWELLING UNIT) AND PROVIDING FOR NEW STANDARDS AND CONDITIONS; PROVIDING FOR APPLICABLITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR INCLUSION IN THE CODE AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (County) has adopted the Hernando County Comprehensive Plan within which are included goals, objectives, and policies related to the process for review and approval of certain development applications; and WHEREAS, Chapter, Part II, Florida Statutes, requires the implementation of these goals, objectives, and policies through the adoption of consistent land development regulations; and WHEREAS, the County desires to update and modernize its land development regulations, and to provide for an additional accessory use of either an attached accessory dwelling unit addition. WHEREAS, this proposed amendment to the Hernando County Code, Appendix A, (Zoning), Article II, (General Regulations) has received public hearings before the Local Planning Agency and the Board of County Commissioners as required by state law; and WHEREAS, the Board of County Commissioners finds that the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY, FLORIDA: SECTION I. AMENDMENT TO HERNANDO COUNTY CODE APPENDIX A (ZONING), ARTICLE II, (GENERAL REGULATIONS), SECTION, (GENERAL REGULATIONS FOR STRUCTURES AND USES). Hernando County Code, Appendix A (Zoning), Article II (General Regulations), Section (General Regulations For Structures and Uses) is amended to add Subsection E. Attachment: Accessory Dwelling Units (0 : Authorize Advertising - Zoning Ordinance Amendment) Packet Pg. 0

4 E..a E. Accessory Dwelling Unit. Accessory Dwelling Unit, means an additional living space that is an attached addition to an owner-occupied single-family detached home meeting the standards herein.. An Accessory Dwelling Unit may contain their own sleeping, individual kitchen, bathing, toilet, and laundry facilities.. Requirements An Accessory Dwelling Unit shall meet the following standards: a. No more than one Accessory Dwelling Unit shall be permitted in conjunction with any one principal structure. The maximum number of dwelling units shall not exceed per lot. b. An Accessory Dwelling Unit shall be subordinate to the primary structure, such that the maximum gross habitable floor area of the Accessory Dwelling Unit shall not exceed 0% of the gross habitable floor area of the primary dwelling unit. c. The proposed water supply and sewage disposal facilities must be adequate for the projected number of residents, as determined by the State of Florida Department of Health and/or Hernando County Utilities Department. d. Accessory Dwelling Units shall meet principle structure setback requirements and maximum building areas for each district standard. e. The Accessory Dwelling Unit s architectural design shall be consistent with a single-family residence and shall not appear to be a multi-family structure. f. The front façade of the principal structure shall be limited to one entrance. There may be a separate entrance located on the side or rear of the principal structure for access to the Accessory Dwelling Unit. g. The design of the Accessory Dwelling Unit shall be similar to the primary residence in exterior wall materials, window types, door and window trims, roof materials, and roof pitch. h. Accessory Dwelling Units shall not be sold separately and are to be used as living quarters for non-paying guests of the principal structure owneroccupant. Accessory Dwelling Units are not to be used as Lodging Houses or Boarding Houses without a Special Exception. i. Accessory Dwelling Units shall share a common wall, or a roofed passage or breezeway extending no further than 0 feet from the primary residence. SECTION II. APPLICABILITY. This Ordinance shall be applicable throughout the unincorporated area of Hernando County. SECTION III. SEVERABILITY. It is declared to be the intent of the Board of County Commissioners that if any section, subsection, clause, sentence, phrase, or provision of Attachment: Accessory Dwelling Units (0 : Authorize Advertising - Zoning Ordinance Amendment) Packet Pg.

5 E..a this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of the remaining portions of this ordinance. SECTION IV. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Hernando County, Hernando County ordinances, County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict except for ordinances concerning either adoption or amendment of the Comprehensive Plan, pursuant to Chapter, part II, Florida Statutes. SECTION V. FILING WITH THE DEPARTMENT OF STATE. The clerk shall be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, R.A. Gray Bldg., Room 0, 00 S. Bronough Street, Tallahassee, FL -00. SECTION VI. INCLUSION IN CODE. It is the intention of the Board of County Commissioners of Hernando County, Florida, and it is hereby provided, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Hernando County, Florida. To this end, any section or subsection of this Ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section, "article," or other appropriate designation. Section II thorough Section VII shall not be codified. SECTION VII. EFFECTIVE DATE. This ordinance shall take effect immediately upon filing with the Department of State. DULY PASSED AND ADOPTED IN REGULAR SESSION THIS DAY OF, BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY, FLORIDA Attest: By: KAREN NICOLAI CHAIRMAN CLERK (SEAL) Approved as to Form and Legal Sufficiency By: Attachment: Accessory Dwelling Units (0 : Authorize Advertising - Zoning Ordinance Amendment) Packet Pg.

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