Hernando City Zoning Code
ARTICLE V
- AGRICULTURAL DISTRICTS
a.
"A" Agricultural District.
i.
The agricultural districts included in this chapter are intended to achieve the following objectives:
(1)
To provide area for agricultural and rural uses within the City area.
(2)
To encourage a vigorous agricultural industry within the City's zoning jurisdiction.
(3)
To ensure that urban/suburban development occurs contiguous to existing urbanized or urbanizing areas.
(4)
To prevent premature urban development in area which are not adequately served by public facilities.
ii.
Permitted Uses:
(1)
Any forms of agriculture and forestry activities, but excluding feed lots and sales or auction yards and barns and other similar intensive farming operations limited elsewhere in this ordinance.
(2)
Single-family dwellings.
(3)
Boat docks, private.
(4)
Children's camps on sites of 40 acres or more.
(5)
Churches.
(6)
Country Clubs.
(7)
Fish camps, hunting clubs not operated as a commercial enterprise.
(8)
Golf courses, except miniature courses or driving ranges.
(9)
Greenhouses and nurseries.
(10)
Home occupations.
(a)
No person other than members of the family residing on the premises shall be engaged in such occupation.
(b)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(c)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building.
(d)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off street and other than in a required front yard.
(e)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(f)
No wholesale or retail establishment shall be permitted unless it is conducted entirely by mail, telephone or internet and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises, provided, however, that articles produced by members of the immediate family residing on the premises may be stored upon the premises.
(g)
There shall be no storage outside a principal building or accessory structure of equipment or materials used in the home occupation.
(h)
The home occupation shall be conducted entirely within the principal residential building or in a private garage accessory thereto.
(i)
There shall be no group instruction in connection with the home occupation.
(11)
Lodges.
(12)
Model homes including sales offices located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.
(13)
Parks and forest preserves.
(14)
Public schools.
(15)
Public service facilities.
(16)
Radio & television towers, antennas, earth stations, or wireless communication facilities which are co-located on existing facilities, or do not exceed 35' in height. Wireless communications towers shall be demolished and removed within ninety (90) days after abandonment. In order to ensure the demolition and removal of the tower, the applicant shall post and keep in place a renewable letter of credit or other security with adequate surety in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.
(17)
Roadside stands for the display or sale of agricultural products raised, produced and processed on the premises.
(18)
Saddle clubs, stables and riding academies.
(19)
Accessory uses as provided in ARTICLE XII.
(20)
Utility Substations.
(21)
Cannabis research facility" or "research facility".
(22)
"Cannabis testing facility" or "testing facility".
iii.
Conditional uses.
The following uses may be permitted, if approved by the Planning Commission in accord with the procedures and under the conditions set forth in area regulations and the parking regulations for similar uses set out elsewhere in this ordinance.
(1)
Airports, landing strips, and agricultural flying services, provided they comply with the regulations of the Federal Aviation Administration.
(2)
Asphalt Plants provided that:
(a)
The plant is operated in conjunction with and on the same property as a gravel mining operation.
(b)
That the asphalt processing is conducted no closer than three hundred (300) feet of any adjacent property line, or five hundred (500) feet of any existing residential or commercial structure.
(c)
That a bond is posted by the party conducting the asphalt processing to guarantee that city roads will be properly cared for and returned to city specifications as required by the City Engineer.
(d)
That all plant discharges must comply with individual environmental standards as determined by the City Engineer.
(3)
Auction Yards or barns.
(4)
Beauty shops provided not more than one person is employed, and, not more than one sign with a maximum area of 4 (four) square feet is erected.
(5)
Carnival.
(6)
Commercial radio, television stations.
(7)
Cotton gins and commercial grain elevators provided that the minimum site size be not less than 20 acres.
(8)
Country Stores located on property designated in the Land Use Plan as future commercial and provided that all bulk storage of flammable liquids is underground and no less than 35 feet from all property lines.
(9)
Day care centers.
(10)
Extraction of minerals, including sand and gravel, provided that:
(a)
A bond is posted by time party mining such minerals to guarantee: (1) the refill of the Pit within 6 months after excavation is completed so all banks have not more than a 3 to 1 slope, and (2) that city roads will be properly cared for to deter dust and damage and will be returned to city specifications within 6 months after excavation is completed.
(b)
No material is extracted within 100 feet of the center line of the city road or within 50 feet of any property line.
(c)
No washing of gravel is permitted unless a filtration system, approved by the city engineer, is provided to prevent pollution of nearby streams.
(d)
No city roads will be hauled on unless permission is granted by the district supervisor for the use of such road.
(11)
Feeding lots, rabbit hutches, and similar intensive farming operations.
(12)
Flea Markets.
(13)
Commercial guest ranches, hunting, and fishing resorts, and incidental facilities, including swimming pools, restaurants, incidental retail sales and services, and personal services, provided they are located on sites containing not less than 50 acres.
(14)
Hospitals, nursing homes, veterinary clinics, dog kennels and educational, religious, and philanthropic institutions on sites of not less than five (5) acres, provided not more than 20 percent of the site area may be occupied by the buildings.
(15)
Marinas, yacht clubs, boat houses, and accessory bait shops and snack bars.
(16)
Motels, resorts, and incidental facilities, including swimming pools, restaurants, incidental retail sales and services, and personal services, provided they are located on sites containing not less than four acres.
(17)
Manufactured home parks, provided that a site plan meeting the following criteria is submitted with the application:
(a)
Each lot provided for the occupancy of a single trailer or manufactured home unit shall have an area of not less than 5,000 square feet and a width of not less than 50 feet. No manufactured home, structure, addition, or appurtenance thereto shall be located less than 10 feet from the nearest adjacent lot boundary.
(b)
All sewage disposal facilities and water supply facilities must be approved by the State Board of Health. Regular garbage and refuse pickup service must be provided at each Manufactured Home Park. Permanent facilities for washing and laundering may be required to meet the State Board of Health requirements. Adequate storm water drainage must be provided before occupancy and in a manner not to be objectionable to adjacent property owners. No site subject to flooding shall be approved. Sidewalks, at least 5' in width, must be provided on at least one side of the roads in the Manufactured Home Park.
(c)
All vehicular road entrances must be approved by the City Engineer for safety access. Each manufactured home site shall abut a hard surfaced driveway, roadway, or street of not less than 30 feet in width, and which shall have unobstructed access to a public highway or street. Space between trailers manufactured homes may be used for parking of motor vehicles if the space is hard surfaced and clearly designated at least 5 feet from the nearest adjacent lot boundary. When such off-street parking spaces are provided, the driveway, roadway, or street serving the lot shall not be less than 24 feet in width. A street plan satisfactory to the Planning Commission must be approved prior to construction with streets paved and culverts in place before occupancy.
(d)
Electrical facilities provided to each lot must meet the National Electrical Code requirements. Manufactured Home Parks having 10 or more lots must provide an overhead street or night light operating at night. One street light must be provided for each 10 lot spaces, or portion thereof within the park.
(e)
Each Manufactured Home Park providing more than four spaces must provide suitable, fenced playground area of not less than 300 square feet for each space.
(f)
In approving a Manufactured Home Park site, there may be imposed such reasonable requirements as to screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable conditions. A twenty-five foot landscaped area shall be provided around the entire perimeter of a mobile home park adjacent to any residential dwelling district.
(g)
After completion of improvements and prior to opening the Manufactured Home Park, a final plat shall be submitted in accordance with City's Subdivision Regulations. Such plats need not be recorded in the Chancery Clerk's office, but must be approved by the Planning Commission and Mayor and Board Aldermen and filed in the plat book in the Planning Commission Office.
(h)
Each manufactured home shall be provided with anchors and tie downs such as cast in place concrete "deadman" eyelets imbedded in concrete slabs, screw augers, arrowhead anchors or other devices to be used to stabilize the manufactured home.
(i)
Skirting shall be provided around the perimeter of each manufactured home.
(18)
A manufactured home on sites of less than three (3) acres provided that a legitimate hardship exists which necessitates the use of a manufactured home.
(19)
New cemeteries or enlargement of existing cemeteries.
(20)
Privately operated outdoor recreational facilities which are not allowed as a permitted use above, including but not limited to riding stables, lakes, swimming pools, tennis courts, stock car race tracks, motor cross, and miniature golf courses, provided they are located on sites containing not less than five acres.
(21)
Private schools.
(22)
Rock concerts.
(23)
Sanitary land fills.
(24)
Sewage treatment facilities.
(25)
Sawmills, provided they are on sites containing not less than five (5) acres.
(26)
Small assembly or manufacturing uses, auto, truck and farm equipment repair shops and accessory uses provided not more than two persons are employed, no noise, glare, heat, vibration, smoke, dust, or other noxious influence can detected at the property line, not more than one sign with a maximum square footage of five (5) square feet is erected, and, provided that all work and storage will be in a completely enclosed building. Vehicles waiting to be repaired or waiting to he picked up may be parked behind the building, but not for a period exceeding 48 hours. Also, not more than five vehicles may be parked outside the building at any time.
(27)
Utility Substations.
(28)
Wells, gas, and oil including drilling and extraction.
(29)
Cannabis cultivation facility.
(30)
Cannabis disposal entity.
(31)
Cannabis processing facility.
iv.
Site Development Regulations.
Each site in the "A" District shall be subject to the following site development regulations:
Subdivisions recorded prior to the date of adoption of these regulations which have restrictive covenants with less yard requirements than these regulations will use the minimum yard requirements specified in the restrictive covenants.
b.
"A-R" Agricultural-Residential District.
i.
Purpose. The "A-R" District is intended to encourage very low density residential uses in an agricultural setting in the outlying parts of the City's zoning jurisdiction. The low density residential development is intended to occur generally on unsubdivided tracts of land whereon public water supply and sanitary sewer services is impractical. The densities of the "A-R" District are intended to discourage "leap frog" development into these areas and to ensure that such development occurs adjacent to previously urbanized areas.
In the "A-R" Single-family Residential District a building or premises shall be used only for the following purposes:
ii.
Permitted uses:
(1)
Agriculture activities but excluding feed lots and sales, auction yards and auction barns.
(2)
Single-family dwellings.
(3)
Churches.
(4)
Country club.
(5)
Home occupations subject to the standards defined under the "A" Agricultural District.
(6)
Model home, including sales offices, located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.
(7)
Radio and television towers, antennas, earth stations, or wireless communication facilities which are co-located on existing facilities, or do not exceeding 35 feet in height Wireless communications towers shall be demolished and removed within ninety (90) days after abandonment. In order to ensure the demolition and removal of the tower, the applicant shall post and keep in place a renewable letter of credit or other security with adequate surety in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.
(8)
Schools, public.
(9)
Public service facilities.
(10)
Accessory buildings and uses as provided in Article XII.
(11)
Cannabis research facility" or "research facility".
(12)
"Cannabis testing facility" or "testing facility".
iii.
Conditional uses:
The following uses may be permitted if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.
(1)
Accessory Dwelling Unit (ADU).
a.
The accessory dwelling unit is situated as to meet the required setback for as the principal dwelling on the property for the Zoning District within which it is located.
b.
All property is vested in single ownership; and,
c.
The exterior appearance of the accessory dwelling is compatible with the character of residences in the neighborhood and/or immediate surrounding area.
(2)
Day care centers.
(3)
Hospitals, nursing homes, and educational philanthropic, or religious institutions on sites of not less than five acres, provided not more than 20 percent of the site area may be occupied by the buildings.
(4)
New cemeteries and enlargement of existing cemeteries.
(5)
Parking lots located within 300 feet of a "C" District.
(6)
Private clubs and lodges.
(7)
Privately operated lakes, swimming pools, and tennis courts intended for public use, provided that they are located on sites containing not less than five acres.
(8)
Private schools.
(9)
Radio and television towers, antennas, earth stations, or wireless communication facilities, exceeding 35 feet in height, Wireless communications towers shall be demolished and removed within ninety (90) days after abandonment. In order to ensure the demolition and removal of the tower, the applicant shall post and keep in place a renewable letter of credit or other security with adequate surety in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.
(10)
Wells, gas, and oil including drilling and extraction.
(11)
Golf Courses.
(12)
Nurseries and Greenhouses (not to be included as a condition use in all other residential zones.
(13)
Public Service Facilities.
iv.
Site Development Regulations. Each site in the "A-R" District shall be subject to the following site development regulations.
Subdivisions recorded prior to the date of adoption of these regulations which have restrictive covenants with less yard requirements than these regulations will use the minimum yard requirements specified in the restrictive covenants.