This Code shall be known as the "City of Brooksville Land Development Code" and may be cited and referred to as the "Code" or the "LDC." Citation to provisions contained in this Code shall be referenced as "Article_______, Part_______, Section _______, LDC."

It is the legislative intent of the City Council in adopting this Code that all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the City of Brooksville. It is the further intent of the City Council that this Code shall stand, notwithstanding the invalidity of any Section, phrase, sentence, or other Part hereof, and that should any Part of this Code be held to be unconstitutional or invalid by a court of competent jurisdiction, such Part shall be deemed a separate, distinct, and independent Part, and such holding shall not be construed as affecting the validity of any of the remaining Parts.

The City Council of the City of Brooksville has the authority to prepare, adopt and enforce this Code pursuant to the Florida Constitution, F.S. ch. 163, F.S. ch. 166, the City of Brooksville Comprehensive Plan, and such other authorities and provisions established in statutory or common law.

Brooksville's Charter is entitled Part I, The Charter and Related Laws. The City shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and pursuant to the Florida Municipal Home Rule Powers Act it may exercise any power for municipal purposes except when expressly prohibited by law. All extraterritorial powers and jurisdiction, powers of taxation and powers to impose and enforce liens which the City now has are preserved.

The powers of the City shall be construed in favor of the City, limited only by the Constitution of the State of Florida, general law and specific limitations contained herein. Special acts pertaining to the jurisdiction and exercise of powers by the City shall be considered amendments to this charter and shall be incorporated as official amendments.

It is the purpose of the City Council of the City of Brooksville to establish the standards, regulations and procedures for review and approval of all proposed development of property in the City of Brooksville and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the City of Brooksville Comprehensive Plan.

(a)

In order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of property within the jurisdictional boundaries of the City of Brooksville, it is the intent of this Code that the development process in the City of Brooksville be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the City of Brooksville.

(b)

The City Council deems it to be in the best public interest for all development to be conceived, designed, and built in accordance with good planning and design practices and the minimum standards set forth in this Code.

This Land Development Code is not intended to repeal, abrogate, or interfere with any existing easements, covenants, any other private agreement or deed restrictions duly recorded in the public records of Hernando County provided that, where the provisions of this Code are more restrictive or impose higher standards or regulations than such easement, covenant, or private agreement or restriction, the requirements of this Code shall govern. This Code is not intended to repeal any lawful approval by official City action of any planned development, planned development project or subdivision, nor is it intended to interfere with, abrogate, or annul any other City rule or regulation, statute, or other provision of law. Where any provision of this Code imposes restrictions different from those imposed by any other provision of this Code or any other City rule, regulations, or other provision of law, whichever provisions are more restrictive or which impose higher standards shall control.

The regulations of this Code shall apply throughout the City of Brooksville. No development shall be undertaken without prior authorization pursuant to this Code.

The City Manager shall be considered the Chief Administrative Officer and shall be charged with the authority to enforce the regulations and procedures of this Code. The City Manager, in the performance of the necessary duties and functions, may enter upon any land and make examinations and surveys that do not cause damage or injury to private property. For the purpose of performing any of the duties and functions necessary to administer and enforce this Code, the City Manager may appoint appropriate persons as designees who shall have and exercise the authority of the Chief Administrative Officer.

In the event that any question arises concerning application of regulations, performance standards, definitions, development criteria, or any other provision of this LDC, the Community Development Department director shall be responsible for interpretation. Responsibility for interpretation by the Community Development Department director shall be limited to standards, regulations, and requirements of this Land Development Code; such responsibility shall not be construed to include interpretation of any technical codes adopted by reference. Further, responsibility shall not be construed to substitute for any rights or responsibilities assigned to any commission, board or official named in other Articles or Sections of this LDC.

(a)

Generally. With the exception of authorized development activities, nothing shall be allowable on premises in any zone established which would in any way be offensive or obnoxious to a person of average sensitivities by reason of the emission of odors, liquids, gases, dust, smoke, vibration or noise. Nor shall anything be placed, constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents, or to the community.

(b)

Specifically.

(1)

No building or structure shall hereafter be developed, used or occupied, and no building, structure, or part thereof shall hereafter be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set out generally herein and for the district in which it is located.

(2)

Unless otherwise authorized herein, no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved or structurally altered in any manner so as:

a.

To exceed the permitted height, bulk or floor area for the district in which the building or structure is located;

b.

To accommodate or house a greater number of families or other occupants, or to provide a greater number of dwelling units allowed by the zoning district in which the building or structure is located;

c.

To occupy a greater percentage or portion of lot area than is permitted in the zoning district in which the building or structure is located;

d.

To provide less lot area per dwelling unit or to occupy a smaller lot than is required for the district in which the building or structure is located;

e.

To provide narrower or smaller yards or other open spaces, or spaces or separations between buildings or portions thereof that is required for the district in which the building or structure is located;

f.

To provide off-street parking or off-street loading space less than that required by this Code;

g.

To permit the use of the building or structure for a use not permitted in the district in which it is located.

(a)

Previously issued building permits. The provisions of this Code and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this Code if:

(1)

The development authorized by the permit has commenced prior to the effective date of this Code or any amendment hereto, or will commence after the effective date of this Code but prior to the permit's expiration or termination; and

(2)

The development continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this Code or any amendment.

(b)

Existing uses. All uses, structures, and lots existing on the effective date of this Code that are not in compliance with the provisions of this Code shall be considered nonconforming under the terms of this Code, except as otherwise provided herein.

It shall be unlawful for any person, firm, partnership or corporation to construct, alter, repair, remove or demolish or to commence the construction, alteration, repair, removal or demolition of a building or structure in the City without first applying for and obtaining a permit or permits from the Community Development Department.

It shall be the duty of the Chief Administrative Officer or his designee to examine applications for permits without unreasonable or unnecessary delay. If, after examination, the Chief Administrative Officer or his designee finds no objections to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto and the proposed construction or work will be safe, the Chief Administrative Officer or his designee shall approve such application and a permit may be issued for the proposed work. If examination reveals otherwise, the Chief Administrative Officer or his designee shall notify the applicant and allow the applicant 14 calendar days to rectify the deficiencies identified. Should the applicant fail to rectify the deficiencies, the Chief Administrative Officer or his designee shall reject the application, providing the reason(s) therefore in a report to be attached to the application and delivered to the applicant.

(a)

Minimum requirements. In the interpretation and application of any provision of these regulations it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of these regulations imposes greater restrictions upon the subject matter than a general provision imposed by the Comprehensive Plan or another provision of these regulations, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

(b)

Debt or pledge. Nothing in the Code shall be construed to create a debt or general obligation of the City or a pledge of the full faith and credit or taxing power of the City.

(c)

Site design requirements apply on-site. No part of a yard, area, open space, or off-street parking or off-street loading space required for one structure or use shall be included as meeting requirements for another, except where specific provisions therefore are made in this Code.

(d)

Limitations on creation of new lots or reductions of lots or yards.

(1)

No new lot shall be created after the effective date of this Code except in conformity with the requirements of applicable regulations. No yard or lot existing at the time of passage of these regulations shall be reduced by private action in width, depth, or area below the minimum requirements set forth herein. Notwithstanding the foregoing, unmanned public service facilities, including, but not limited to, pump/lift stations, utility substations, and similar public service structures, may be sited on lots smaller than otherwise required if it can be demonstrated to the satisfaction of the Chief Administrative Officer or his designee that they meet applicable setbacks, buffers, or other standards.

(2)

No portion of a lot, used in connection with an existing or proposed building, structure or use, and necessary for compliance with the area, height, and placement regulations of this Code, shall, through sale or otherwise, be used again as a part of the lot required in connection with any other building, structure, or use.

(e)

Action when development parcel contains two or more zoning districts.

(1)

Where a lot contains two or more zoning district designations with different permitted floor area ratios applying, the permitted floor area ratio for the lot shall not exceed the sum of the results obtained by multiplying the privately-owned land area of the lot in each zoning district by the applicable permitted floor area ratio for that portion of the lot.

(2)

Where a lot contains two or more zoning district designations with different density regulations, (i.e., a differing amount of required lot area for each dwelling unit), the density (maximum number of dwelling units) shall not exceed the numeric sum of the maximum number of units that could be constructed on individual portions of the lot in each zoning district.

(3)

Nothing in this Section shall authorize the location of a use in a district where that use is not either a permitted principal or accessory use or a permissible Conditional Use, Special Exception Use or Special Use.

Nothing in this Article shall prohibit the filing of amendments to an application, plan or other record accompanying same at any time before the completion of the work for which the permit was sought. Such amendment, after approval, shall be filed with and be deemed a part of the original application and permit.

The City Council shall adopt by resolution a schedule of application fees for functions performed by the City in response to applications submitted by any person, corporation, organization, or governmental entity. No permit shall be valid until the fees prescribed per City Council resolution and on file within the City Clerks office have been paid, nor shall an amendment to a permit be approved until the additional fees, if any, have been paid.

(Ord. No. 831, § 2, 8-6-2012)

The provisions of this Code shall be effective on and after the 17 ^th day of October, 2011.

(a)

All applications for which public hearings have been convened prior to the effective date of this Code shall be heard and decided pursuant to the terms of those procedures in effect prior to said effective date.

(b)

All applications deemed substantially complete and made prior to the adoption of this Code for which decisions are made after the effective date shall be decided pursuant to the terms of the procedures in effect at the time of said application.

(c)

All applications made after adoption of this Code shall be decided pursuant to the regulations and terms contained herein.