Hernando County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE II
- GENERAL REGULATIONS
Section 1. - Application of regulations and classification of structures and uses.
A.
All existing and future structures and uses of premises within the unincorporated area of Hernando County, Florida, shall conform with all applicable provisions of this ordinance. Each zoning district is established to permit only those uses specifically listed as permitted except as hereinafter provided and is intended for the protection of those uses.
B.
The Administrative Official shall classify all existing and future structures and uses of premises based on the definitions as set forth in Article I and on the following schedule:
Land Use Classifications
1.
Aircraft Establishments
a.
Aircraft
b.
New parts and accessories
c.
Reconditioned parts and accessories
2.
Aircraft Parts Establishments
a.
Excluding structural aircraft parts, no assembly allowed
i.
Instruments
ii.
Engine Parts
3.
Animal Specialty Establishments
a.
Animal boarding
b.
Animal husbandry activities
c.
Animal training facilities
4.
Antique Stores
a.
Antique furniture and home furnishings
b.
Objects of art
c.
Related antique accessories
5.
Aquaculture
a.
Fish
b.
Mollusks
c.
Crustaceans
d.
Aquatic plants
e.
Other aquatic life
6.
Automobile Equipment Rental Establishments
a.
Rental or leasing large equipment and machinery
7.
Automobile Glass Establishments
a.
Retail sales and associated storage of automobile and light truck glass
b.
Replacement of automobile and light truck glass
8.
Automobile Parking Establishments
9.
Automobile Service Establishments
a.
Car washing, waxing, polishing
b.
Windshield wiper changes, oil changes, tune ups, tire repair, brake repair, battery and ignition system repair, and other similar minor repair
10.
Automobile Specialty Establishments
a.
Travel trailers
b.
Mobile homes
c.
Motorcycles
d.
Similar automotive product specialties
11.
Automobile and Truck Rental or Leasing Establishments
12.
Automobile and Truck Repair Establishments
a.
Repair of automobile or truck tops, bodies, and radiators
b.
Automobile truck painting and refinishing and repair and replacement of glass
c.
General and specialized similar automobile or truck repairs including motorcycles, farm tractors and similar farm equipment repairs
d.
Transmission repair, drive train repairs, engine overhauls, and similar major repairs
13.
Boatyards
a.
Heavy repair and boat building
14.
Building Material Establishment
a.
Lumber
b.
Building Materials
c.
Hardware
d.
Paint and glass
e.
Electrical supplies
f.
Roofing materials
g.
Miscellaneous farm and garden supplies
h.
Tools, equipment and machinery
15.
Business, Professional and Nonprofit Organizations Offices
a.
Finance, insurance and real estate functions
b.
Medical and other health out-patient functions
c.
Legal functions
d.
Engineering, architectural and planning functions
e.
Accounting, auditing and bookkeeping functions
f.
Welfare and charitable administrative and executive functions
g.
Business, professional, political, labor, civic, social and fraternal associations, organizations and union administrative and executive functions
h.
Advertising, employment, protective, business, and management consulting functions
i.
Administrative and executive functions
16.
Business Training Schools
a.
Correspondence schools
b.
Business, computer, and stenographic schools
c.
Barber and beauty schools
d.
Art and music schools
e.
Dancing schools
f.
Schools devoted to tutoring
17.
Call Centers
18.
Cemeteries
19.
Charitable Organizations
20.
Child Care Facilities
21.
Civic Centers
22.
Clubhouses
23.
Commercial Amusement Establishments
a.
Profit-oriented amusements
b.
Outdoor commercial amusement facility
(1)
Drive-in motion picture theater
(2)
Golf courses, driving ranges, carpet golf courses
(3)
Stadium complexes
(4)
Racetracks
(5)
Travel trailer parks
(6)
Boat, canoe, motorcycle, bicycle and off-road vehicle rental establishment where rented items are used on the premises
(7)
Turkey shoots
(8)
Carnival-type rides
(9)
Sightseeing tours
24.
Commercial Billboard Advertising Sign
25.
Commercial Fishing Pond
26.
Commercial Riding Stables
27.
Commercial Vehicle Parking Lot
28.
Community Residential Homes
29.
Comparison Goods Stores
a.
Clothing
b.
Shoes
c.
Apparel accessories
d.
Furniture
e.
Appliances
f.
Home furnishings
g.
Retail pet stores
30.
Concession Stands
31.
Congregate Care Homes and Facilities:
a.
Adult family care homes
b.
Homes for special services
c.
Transitional living facilities
d.
Adult day care homes
e.
Assisted living facilities
32.
Construction Service Establishments
a.
Operative and investment builders
b.
Subdividers and developments
c.
General building heavy construction and special trade contractors
d.
Plumbing, painting, electrical work and carpentry contractors
e.
Highway, bridges, dams, sewer and water system contractors
33.
Convenience Goods Stores
a.
Groceries
b.
Drugs
c.
Notions
d.
Toiletries
e.
Sundries
f.
Associated Gas sale
34.
Cultural Facilities
a.
Libraries
b.
Museums
c.
Art galleries and arboreta
d.
Botanical gardens
35.
Domestic and Business Repair Establishments
a.
Small electrical appliances, radios and television repairs
b.
Re-upholstery and furniture repairs
c.
Bicycle, leather goods, locks, guns and musical instruments
d.
Business machine and typewriter repairs
36.
Domestic and Business Service Establishments
a.
Duplicating, mailing and stenographic services
b.
Blueprinting and photocopying services
c.
Window cleaning, floor waxing, office cleaning and janitorial services
d.
Disinfecting and exterminating services
e.
Ambulance services
f.
Catering services
37.
Domestic Rental Service
a.
Renting or leasing small miscellaneous merchandise products or goods
b.
Taxi and limo services
38.
Dude Ranches
39.
Educational Facilities
a.
Nursery schools and kindergartens
b.
Elementary, secondary, and vocational schools
c.
Junior colleges, colleges, universities and professional schools
40.
Exotic Animal Specialty Farms
a.
Large cats
b.
Elephants
c.
Monkeys
d.
Camels
e.
Hippopotamus
f.
Zoological gardens
41.
Farm Equipment and Supply Establishments
a.
Farm equipment
b.
Machinery
c.
Hardware
d.
Production
e.
Miscellaneous farm and garden supplies
42.
Farming and Farming Service Establishments
a.
Field crops (fruits, vegetables, grains, and nuts)
b.
Livestock including ostriches, emus and lamas
c.
Livestock products
d.
Poultry
e.
Dairies
f.
Aquaculture
g.
Packaging of field crops
43.
Reserved
44.
Fisheries
a.
Commercial fisheries
b.
Reserved
c.
Operation of fish hatcheries or fishing preserves
45.
Fishing Camps
46.
Forestry and Forestry Service Establishments
a.
Operation of timber tracts, forest nurseries
b.
Reforestation services
c.
Gathering of gums, barks, maple sap, and other forest products
d.
Forest Management Activities
47.
Reserved.
48.
Gasoline Service Stations
a.
Gasoline and lubricating oils
b.
Retail selling of minor automotive accessories
c.
Performing of minor automotive repair work
d.
Associated convenience good sales
49.
Gift Shops
50.
Government Research and Associated Education Facilities
51.
Governmental Uses and Structures
a.
Emergency medical service facilities
b.
Fire Departments
c.
Police Stations
d.
Public Libraries
e.
Public Offices, Buildings and Centers
f.
Public Auditoriums, Arenas, Museums and Art Galleries
g.
Public Educational Facilities
h.
Government Post Offices
52.
Heating fuel and ice establishments
a.
Coal, wood, heating fuel oil, bottled gas and/or ice
53.
Home Occupations
54.
Horse Show
55.
Horticultural Specialty Farms
a.
Field crops (fruits, vegetables, grains, and nuts)
b.
Hydroponics
c.
Aquaponics
d.
Aeroponics
56.
Hospitals
57.
Hunting Camps
58.
Hunting, Trapping and Game Propagation
59.
Landscaping Service Establishments
a.
Horticultural services
b.
Cemetery upkeep
c.
Landscape gardening
d.
Tree planting
60.
Laundry and Dry Cleaning Plants
61.
Light Research, Development and Testing Establishments normally associated with Mining Activities
62.
Live Aboards
a.
permanent residence aboard a docked or moored boat
63.
Livestock Auctions
64.
Manufacturing
65.
Marine Establishments
a.
Boats and motorboats
b.
New parts and accessories
66.
Mining
a.
Quarrying
b.
Well operation
c.
Crushing
d.
Screening
e.
Flotation
67.
Mortuaries, Funeral Homes and Crematories
68.
Motor Freight Transportation Establishments
a.
Local or long distance trucking
b.
Transfer and draying services
c.
Trucking and freight handling services
69.
Noncommercial Amusement Facilities
a.
Nonprofit oriented recreation
b.
Noncommercial operation of sports and recreational services
70.
Nursing Care Homes
a.
Convalescent homes
b.
Rest homes
c.
Homes for the aged or infirm
d.
Convalescent homes for children
e.
Hospice facilities
71.
Outdoor Advertising Service Establishments
72.
Paint Ball Ranges
73.
Personal Services Establishments
a.
Beauty and barber services
b.
Garment mending
c.
Alteration and related minor pressing services
d.
Laundry and dry cleaning pickup services
e.
Self-service or coin-operated laundromat
f.
Fur repair and storage services
g.
Shoe shining, shoe repair and hat cleaning service
h.
Watch, clock and jewelry repair services
i.
Commercial photographic services
j.
Tattoo/Body Piercing services
74.
Pigeons and Pigeon Aviaries
75.
Places of Public Assembly
a.
Social Clubs
b.
Religious Establishments
c.
Public Meeting Halls
d.
Community Centers
e.
Civic Centers
f.
Fraternal Organizations
g.
Cultural Facilities
76.
Private Airstrips
77.
Public Service Facility Uses and Structures
a.
Transmission Lines
i.
Electric lines 230 kv or greater
b.
Compressor Stations
c.
Construction and Demolition Debris Landfill
d.
Sanitary Landfills
e.
Utility Substations and Distribution Centers
f.
Domestic Waste Water Facilities including lime stabilization and residual management treatment facilities
g.
Public Water Supply Wellfields
h.
Public Water and Reuse Water Storage Facilities
i.
Stand Alone Potable and Reuse Water Pumping Facilities not accessory to a project or use of land
j.
Stand alone Sewer Pumping Facilities not accessory to a project or use of land
k.
Digesters
l.
Water Treatment Plants
m.
Air Curtain Incinerators
n.
Telecommunication Facilities
o.
Radio, Television and Communication Towers
p.
Railroad Yards
q.
Distribution Electric Substations that distribute electricity through lines greater than 69 kilovolts in size
78.
Publishing and Printing Service Establishments
a.
Duplicating, mailing and stenographic services
b.
Blueprinting and photocopying services
c.
Commercial and job printing services
d.
Newspaper publishing and printing
79.
Recreational Facilities
80 .
Rental Stores
81.
Residential
a.
Single-family residence
b.
Duplex
c.
Multifamily dwellings
d.
Single-family mobile home
e.
Duplex mobile home
f.
Lodging house
g.
Rental apartment
h.
Boardinghouse
82.
Resource-Oriented Recreational Activities
a.
Hunting
b.
Fishing
c.
Canoeing/Kayaking
d.
Camping
e.
Hiking
f.
Nature Observation
g.
Natural Swimming Areas
h.
Picnicking
i.
Bicycling
j.
Horse-back riding
83.
Restaurants
a.
Drive-in restaurants
84.
Retail Food Stores
a.
Grocery stores
b.
Produce markets
c.
Meat markets
d.
Fish markets
e.
Fruit stands
f.
Bakeries
g.
Other retail food shops
85.
Retail Plant Nurseries with Outside Storage
86.
Rodeo
87.
Seafood Processing Plants
88.
Secondhand Stores
a.
Used clothing
b.
Used furniture
c.
Used books
89.
Substance-abuse Rehabilitation Facilities
90.
Wholesale and Storage Establishments
a.
Wholesaling and warehousing
b.
Open and tank storage
c.
Other nonretail sales and functions of a similar nature
91.
Wildlife Management Activities
92.
Wineries
(Ord. No. 76-2, §§ 5, 6, 2-17-76; Ord. No. 89-16, § 1, 8-15-89; Ord. No. 93-30, §§ 2, 3, 12-21-93; Ord. No. 96-08, § 2, 5-7-96; Ord. No. 96-19, § 2, 9-10-96; Ord. No. 98-01, § 2, 1-27-98; Ord. No. 2001-24, § 2, 12-18-01; Ord. No. 2004-03, § 2, 2-24-04; Ord. No. 2004-11, § 2, 8-3-04; Ord. No. 2008-05, § VIII, 2-26-08; Ord. No. 2013-31, § II, 10-22-13; Ord. No. 2013-37, § II, 12-10-13; Ord. No 2016-12, § I, 7-27-16)
Section 2. - General regulations for structures and uses.
A.
Existing nonconforming structures, uses and lots:
(1)
Any building, mobile home or other structure which is lawfully existing on the effective date of this ordinance, or any amendment thereto, and which does not conform with all the provisions of the ordinance may remain in use, subject to the following regulations:
(a)
Buildings and structures shall not be replaced except in conformance with this ordinance and permit requirements of all other applicable ordinances.
(b)
Mobile homes may be replaced if the replacement unit meets the requirements of this ordinance relative to minimum living area.
(c)
Buildings and structures may be altered or enlarged provided that such alteration or enlargement complies with dimensional regulations of the district in which the building is located at the time of expansion.
(d)
May be restored to a safe condition if declared unsafe or if damaged by fire or other similar natural disaster unless the Hernando County Building Official determines that such repairs cannot be made without constituting replacement.
(2)
Any use which is lawfully existing on the effective date of this ordinance, or any amendment thereto, and which does not conform with all the provisions of this ordinance may be continued subject to the following regulations:
(a)
The use shall not be expanded without the approval of the Planning and Zoning Commission. Approval to expand or to extend a use shall not be granted if such expansion or extension will be detrimental to the overall character or appearance of the general area. Expanded uses shall be confined within the boundaries of that parcel of land upon which the use occupied on the date the use became nonconforming. The determination by the Planning and Zoning Commission of whether the expansion of a nonconforming use is detrimental to the overall character or appearance of the general area includes, but is not limited to, the following factors:
(i)
Whether the expansion of the nonconforming use is incompatible with the surrounding land uses.
(ii)
Whether the expansion of the nonconforming use changes the scope, volume, intensity, or extends the useful life of the nonconforming use.
(iii)
Whether the expansion of the nonconforming use requires a significant investment in additional infrastructure to allow the use to continue.
(iv)
Whether the expansion of the nonconforming use constitutes a change of use, including the requirement of additional types of use permits that are necessary to accommodate the proposed expansion.
(v)
Whether the expansion increases residential density.
(vi)
Whether the expansion is contrary to the public interest.
(b)
Shall not be changed to or expanded to include another nonconforming use.
(c)
May be changed to a conforming use.
(d)
Whenever a nonconforming use has been discontinued for a period of one year, no nonconforming use may be reestablished on those premises.
(1)
A use shall be considered discontinued once the activities and commerce, essential to the continuation of the use, have ceased.
(2)
Proof of the discontinuation of a nonconforming use for the required time period creates a rebuttable presumption of intent to discontinue. The presumption does not apply when a nonconforming use is discontinued involuntarily by compulsion of government action.
(3)
Where a nonconforming use has been deemed or presumed to have been discontinued under the provisions of this Section, the owner of the property or operator of the use may rebut the presumption of discontinuance by establishing, by clear and convincing objective evidence, that the use has continued or existed beyond the date of presumed discontinuance. In all cases, the party attempting to rebut the presumption of discontinuance shall have the burden of establishing the continuation or existence of the use beyond that date of presumed discontinuance, as well as the burden of establishing the existence or continued operation of the use at any particular time.
(e)
Shall be discontinued ten (10) years after reasonable notice from the Administrative Official to the owner of the parcel upon which the use exists that the use is nonconforming. The Governing Body may, upon application by the owner of the parcel upon which the nonconforming use exists and after a quasi-judicial hearing, modify the time for the amortization of the nonconforming use to allow the owner of the parcel upon which the nonconforming use exists to realize a return on his or her investment.
(f)
Shall be discontinued where the factual circumstances relating to the use of the premises shows an intentional and voluntary act to discontinue the nonconforming use on the premises.
(g)
Notwithstanding the foregoing, the termination of a nonconforming use does not require a decision by the property owner to discontinue the use. A nonconforming use may be lost through negligence or inadvertence. A use may also be lost if a person engages in civil or criminal misconduct that the property owner knows or should know could lead to involuntary closure and indeed does lead to closure.
(h)
Changes in ownership, tenancy, or management of a nonconforming use, building, or structure are permitted.
(3)
Any lawfully existing nonconforming lot may be used as follows:
(a)
Individually owned lots with no adjoining lots under the same ownership may be used individually, provided zoning ordinance regulations can be met.
(b)
Multiple adjoining lots under the same ownership may be used individually, provided each lot can meet sixty-six (66) percent of the minimum lot width and minimum lot area regulations for the district in which the lots are located and zoning ordinance regulations regarding access, approved water supply and sewage disposal facilities can be met.
(c)
Multiple adjoining lots under the same ownership may not be used individually if each lot cannot meet sixty-six (66) percent of the minimum lot width and minimum lot area requirements for the district in which the lots are located. If they cannot be used individually, the lots must be combined in groups of whole lots so the lots can meet sixty-six (66) percent of the minimum lot width and minimum lot area regulations of the zoning district in which the lots are located and zoning ordinance regulations regarding access, approved water supply and sewage disposal facilities can be met.
(4)
Any lawfully existing nonconforming communication tower shall be subject to the following requirements:
(a)
A nonconforming communication tower or structure may be utilized for collocation.
(b)
A nonconforming communication tower may not be increased in height.
(c)
If a nonconforming communication tower ceases to be utilized and is determined by the Zoning Administrator to be abandoned, then the communication tower shall be subject to the requirements of Appendix A, Article II, Section 2F(9) of the Zoning Ordinance.
(5)
In any proceeding, the party asserting that an otherwise nonconforming use, structure, or lot is legally nonconforming shall bear the burden of establishing, by clear and convincing objective evidence, that the standards set forth in Subsection (1), (2), (3), or (4) supra, as applicable, has been satisfied.
(6)
The Administrative Official designated pursuant to Hernando County Code Appendix A, Article V, Section 1, is hereby authorized, based upon competent findings of fact, to determine and establish the nonconforming status of land or structures. Any person may request that the administrative official review a nonconformity for the purposes of determining that the use, structure, or lot is legally nonconforming, or for the purposes of determining whether a nonconforming use has been discontinued by filing a written request with the administrative official. The decision of the administrative official shall be deemed final unless appealed to the governing body within the allowed time and as provided for in Hernando County Code Appendix A, Article V, Section 3 F. The decision of the governing body may be appealed to circuit court within thirty (30) days of the execution of the order to be appealed by the aggrieved party filing a petition for certiorari. The administrative process herein shall be the sole method of obtaining a determination as to whether a legally nonconforming use exists or has been discontinued.
B.
Regulation of agricultural structures: Land which is used solely for farming, forestry, fisheries, animal specialty farms, horticultural specialty farms or hunting, trapping and game propagation shall have no regulation imposed as to zoning permits, certificates of use, or height, yard or location requirements for agricultural buildings, except as otherwise provided in this ordinance.
(1)
No agricultural building shall be located any closer than one hundred (100) feet to any existing or proposed street.
(2)
All agricultural structures in a designated floodway or floodway fringe area or which tend to increase flood heights or obstruct the flow of floodwaters shall be subject to all of the regulations contained in adopted ordinances pertaining to such designated floodplains.
C.
Use and height exceptions:
(1)
Governmental uses and structures and public service structures are permitted within the Public Service Facility Overlay District which may be approved in all zoning districts after review and approval by the Commission and Governing Body. The procedures for review and approval of the Public Service Facility Overlay District shall be consistent with those for rezoning of any properties within the zoning district.
(2)
Height regulations apply to buildings and portions of buildings occupied regularly by human beings. They do not apply to structures or portions of buildings which are not occupied by human beings regularly except for maintenance, unless it is determined by the administrative official that the height of such a building may be a safety hazard.
D.
Regulation of buildings:
(1)
Access: No building shall be erected on any lot unless such lot has access to a street. If the property is not on a county-maintained street or is a private street not built to county standards, the property owner must sign an affidavit agreeing the county has absolutely no obligation to maintain or improve such private street.
(2)
Principal building: Only one principal building and permitted accessory structures may be erected on a lawfully existing lot. However, in the event a lot is in excess of the minimum lot size requirement of its particular zoning district, additional dwelling units may be placed thereon, providing the lot is not in a recorded or unrecorded subdivision. All additional units shall meet all the dimension and area requirements. In no case shall more than three (3) principal buildings be placed on any lawfully existing lot. For commercial and multifamily uses, multiple buildings may be placed on the lots, provided development plat approval is obtained. The provisions of this section shall not apply to approved and recorded planned-development projects or approved and recorded special exception use final development plats. Temporary structures are permitted during construction only.
(3)
Accessory buildings: No accessory building shall be erected or modified for residential purposes unless specifically provided for in this ordinance.
(4)
Reserved.
(5)
Approved water-supply and sewage-disposal facilities: It shall be unlawful to construct any building or to occupy any mobile home without water supply and sewage-disposal facilities approved by the county. Wherever public water or sewer mains are accessible, buildings or mobile homes shall be connected to such mains. In every case, water supply and sewage disposal must meet the requirements set by the county and the Department of Health and Rehabilitative Services, Division of Health. The Florida Division of Health's and appropriate local county officials' certificate approving proposed and completed private water and sewage facilities, as applicable, must accompany applications for zoning permits and certificates of use.
E.
Accessory Dwelling Unit:
1.
"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.
2.
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 2 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 50% 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 principal structure setback requirements and maximum building areas for each district standard.
c.
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 entrance to the accessory dwelling unit may be through the main access of the principal structure or shall be located on the side or rear of the principal structure.
g.
The design of the accessory dwelling unit shall be similar in appearance to the primary residence.
h.
Accessory dwelling units shall not be sold separately and are to be used as living quarters for non-paving guests of the principal structure owner-occupant. 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 30 feet from the primary residence.
F.
Regulation of Communication Towers: The purpose of the regulations for communication towers is to provide general guidelines for the location of these types of facilities, with the goal of encouraging the location of towers in appropriate areas, encouraging the joint use of and collocation of new and existing facilities, encourage the use of camouflage techniques where appropriate, and encourage the users of towers and antennas to locate and configure in a way that minimizes the visual impacts. The requirements shall not have the effect of prohibiting the provision of telecommunications service, shall not have the effect of discriminating among providers, and shall not regulate the placement of facilities based upon the environmental effects of radio frequency emissions if they comply with FCC rules on radio emissions. All communication towers shall comply with the requirements of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and shall be subject to the following regulations, except where otherwise provided for in the Zoning Ordinance.
1.
Color and camouflage techniques: Communication towers, except camouflaged towers, shall have a galvanized finish or shall be painted with a gray or blue-gray finish, unless required by the Federal Aviation Administration or the Federal Communications Commission to be painted in another color scheme. Camouflage techniques shall be utilized where feasible, and if determined infeasible, the applicant shall submit a written justification as to the reason.
2.
Illumination: Communication towers shall not be lighted except to assure human safety or as required by the Federal Aviation Administration or the Federal Communications Commission.
3.
Fencing: A chain link fence or wall not less than six (6) feet in height and no greater than eight (8) feet in height shall be installed by the owner/operator of the communication tower. The fence shall be erected around the base of the communication tower and all accessory structures. In addition, all accessory equipment and structures shall be screened to an 80% opacity by natural vegetation or new landscaping that achieves the required opacity within one year of planting, which shall also be maintained for the life of the communication tower by the owner/operator. Where irrigation is not available, accessory equipment may be screened by an opaque fence. All anchor points of the guy wires of a guyed tower shall be fenced.
4.
Signage: Except for warning signs such as "No Trespassing", signs required by a regulating authority and signs that state ownership and emergency telephone numbers, no signage will be permitted on the communication tower. No communication tower site shall have more than five signs and at no time shall a single sign be greater than two square feet.
5.
Structural Design: All communication towers, and utility and light structures that support antenna arrays, shall be constructed in accordance with all applicable Hernando County construction and building codes, all applicable land development regulations and Federal and State laws.
6.
Collocation:
a.
All new or replacement communication towers, greater than 100 feet in height, erected within the County shall be structurally designed to support a minimum of four (4) users. For towers less than 100 feet, a minimum of two (2) users must be provided for. For the purpose of this ordinance, the owner/operator of a new or replacement communication tower shall provide the County with a statement indicating its good faith intent to provide for additional users on the tower.
b.
The single addition of no more than sixty (60) feet to the height of any existing or new electric utility structure that carries an electric line of 69 kv or greater shall be a permitted use in any Zoning District . For the purposes of this ordinance, any new or replacement electric utility structure, which supports an antenna array, shall not be more than sixty (60) feet higher than any existing power support structures in the immediate transmission line area unless otherwise permitted by the district in which it is located.
c.
The single addition of no more than forty (40) feet to the height of any existing communication tower or other existing structure appropriate for antenna location shall be a permitted use in any non-residential zoning district or any Public Service Facility Overlay District, provided the maximum height of the communication tower has not been specified by a performance condition of a previous approval. Any such new or replacement structure shall not be more than forty (40) feet higher than the structure replaced. Where the antenna is attached to an existing structure other than a co-location on an existing communication or electric transmission tower, alternate materials, textures and camouflage techniques shall be utilized to conceal the facility.
d.
Any existing communication tower, within any zoning district, may allow for collocation as a permitted use, and is subject to only administrative and building permit review provided all applicable requirements of the State and County are met.
e.
Camouflaged antennas that are mounted directly on an existing structure appropriate for antenna location may be allowed as a permitted use, and are subject to only administrative and building permit review provided all applicable requirements of the State and County are met. The camouflaged antenna shall be consistent with the design and aesthetics of the structure upon which the antenna is mounted. This use shall not be allowed in single family residentially zoned districts, unless such property is used or designated for a nonresidential use.
f.
Communication towers and antenna arrays that are collocated on existing structures and are camouflaged shall not be subject to the single communication tower and antenna array requirement.
g.
Monopole towers 150 feet or less in height shall be a permitted use in all electrical substations.
h.
All antenna arrays and their attachments that are utilized for collocation shall meet engineering standards and shall secure Hernando County building permits.
7.
Setbacks: Communication towers and accessory structures shall meet the following setbacks:
a.
The minimum setback of a lattice or guyed tower shall be the height of the tower. In no case shall a lattice or guyed communication tower be located within 250% of its height to any residentially zoned property, unless such property is used or designated for a nonresidential use.
b.
Monopole towers shall meet the setback of the zoning district. In no case, shall a monopole tower 100 feet in height or greater be located within 125% of its height to any residentially zoned property, unless such property is used or designated for a nonresidential use. In no case shall a monopole tower less than 100 feet in height be located within 100% of their height to any residentially zoned property unless such property is used or designated for a nonresidential use.
c.
Utility and light structures and other similar freestanding structures, which have been utilized for collocation via the addition of no more than 60 feet in height shall meet the locational standards for utility and light structures.
d.
Setbacks for communication towers shall be measured from the base of the tower.
e.
Anchors for guy wires shall meet the required setbacks of the zoning district.
f.
Accessory structures shall meet the required principal structure setbacks of the zoning district.
8.
Replacement of communication towers: All communication towers, whether conforming or nonconforming, shall be subject to the following replacement requirements, if applicable:
a.
A communication tower may be replaced with the same type of tower construction, a monopole tower or a camouflaged tower.
b.
A communication tower may be replaced with a tower of equal or lesser height.
c.
A replacement communication tower must be located within thirty feet of the communication tower it will be replacing.
d.
A replacement communication tower must meet all the requirements of this ordinance for color, illumination, fencing, signage, structural design, and collocation. The replacement communication tower shall maximize conformance with setbacks required in this ordinance.
e.
If a conflict arises between the replacement of communication towers and permitted uses allowed under this ordinance, then the permitted use standards shall take precedence.
9.
Residential Areas: It is the desire of the governing body that communication towers are not located within residential areas or residential zoning districts wherever feasible; and instead encourage that communication towers are located within commercial, industrial and non-residential zoning districts provided that all other requirements of this zoning code can be met. In the event that it is not reasonably possible to provide wireless service to a particular residential area or residential zoning district without locating a communication tower in said area or district, then it shall be the applicant's burden to affirmatively demonstrate that said residential area or district cannot be adequately served from outside said area or district and that alternate locations (including all non-residential locations capable of servicing the targeted wireless service area) are not available. "Residential area" for purposes of this subsection means any location which is predominated by residential dwelling units (e.g. single family homes, manufactured or mobile homes, town homes, condominiums and/or apartments) and which shares the characteristics of a common neighborhood. "Residential district," for purposes of this subsection, shall have the same meaning as provided under Article IV of this zoning code. "Not available" for purposes of this subsection means that a given property is either fully developed, not available for sale or lease at fair market value, outside of the range necessary to serve the targeted wireless area, or precluded from having a communication tower located thereon based on some other provision of this zoning code. "Adequately demonstrate" for purposes of this subsection means that the applicant has provided such data and analysis which identifies the area or district sought to be served by wireless service, which identifies the non-residential properties within that area or district (if any), and which describes all efforts and due diligence undertaken by the applicant to secure a location within a non-residential area or district.
10.
Abandonment:
a.
In the event that the use of any communication tower has been found to be discontinued, as determined by the Zoning Administrator, for a period of 120 consecutive days, the communication tower shall be deemed to have been abandoned.
b.
Once a communication tower has been found to be abandoned, the owner/operator will have a period of 60 days from the date that the Zoning Administrator mails the notification via certified mail, to either:
1.
Reactivate the use of the communication tower or transfer the tower to another owner/operator who must make use of the tower within the 60 days; or
2.
Dismantle and remove the tower.
11.
Performance bonding: Prior to receiving a building permit for construction of a telecommunications tower, security shall be provided to guarantee removal of the tower should it become abandoned. Security can be provided in one of the following forms:
a.
Performance bond;
b.
Cash deposit;
c.
Insurance policy.
The amount of security will be based on a cost estimate for the removal of the tower. The petitioner shall provide a cost estimate sealed by a Florida professional engineer and confirmed by the County Engineer. The security must be kept in force as long as the tower is in place.
12.
Legal Description: At the time of permit review, the petitioner shall provide the Development Department with a legal description and survey showing the area on which the proposed tower will be built.
13.
Definitions pertaining to Communication Towers:
a.
Camouflage Techniques - Sometimes referred to as a concealed or stealth facility. A tower or antenna designed to unobtrusively blend into the existing surroundings, be disguised so as to not have the appearance of a communications facility, or be designed or located in a manner that the tower or antenna is not easily discernable from the ground. These types of facilities may be attached or freestanding. Attached facilities may be camouflaged through the use of faux windows, dormers or other architectural elements to blend in with the building or structure. Examples of freestanding facilities include the form and shape of a tree, bell tower, steeple, clock tower, flagpole or other technique which serves to diminish the visual impact of a tower or antenna.
b.
Collocation - Means the situation when a subsequent provider uses an existing tower or structure to locate a subsequent antenna and includes all equipment associated with the operation of the antenna.
c.
Existing Structure - Means a structure that exists at the time of application, and includes any structure that can structurally support the attachment of one or more antennas in compliance with all applicable codes and may include, but is not limited to, signs, light poles, water towers, buildings, transmission towers, steeples or other freestanding structure.
14.
[Determination of completeness; processing timeframes: ] Applicants for communication towers shall be notified within 20 business days whether the application is complete. If the application is incomplete the County shall notify the applicant of the missing items or deficiencies. After the missing information is resubmitted, the County shall have an additional 20 days to make a determination of completeness. Once a determination has been made regarding completeness, applications for permitted uses shall be processed within 45 business days, and applications for facilities that require public hearings shall be processed within 90 business days. The applicant and the County may mutually agree to extend these timeframes.
15.
Action by Governing Body: Upon a determination that an application for a communication tower is complete, the governing body shall conduct a public hearing within the time frame set forth herein and otherwise meeting requirements of state law. At the public hearing on the application, should the governing body vote to deny an application to place, construct or modify a communications tower, the governing body's decision shall be reflected in a resolution giving the reason or reasons for the denial which shall be supported by substantial evidence. However, where a communications tower is sought to be located in a residential area or district, the applicant's failure to meet its burden under subsection 9 above shall constitute substantial evidence for purposes of a denial vote; for all non-residential areas or districts, the county shall have the burden to support its position by substantial evidence.
G.
Regulations for temporary uses and structures.
1.
Temporary uses and structures as provided for in this code may be allowed subject to meeting the following development review standards:
a.
A site plan depicting the proposed use in relation to the overall parcel on which it is to be located must be provided.
b.
Driveway access permits shall be obtained.
c.
Adequate parking shall be provided in conformity with the required standards for the use without reducing the required parking for the established permitted activity.
d.
A covered trash or garbage receptacle with a plastic liner will be kept on site.
e.
Adequate restroom facilities shall be provided.
2.
No electric service will be permitted for temporary uses and structures which do not include placement of a building or mobile home approved through the permitting process.
3.
Seasonal sales of plants and plant material shall be allowed as a temporary use at established churches, schools and fraternal organizations for a period not to exceed thirty (30) days. Such sales must utilize the existing parking area for parking and traffic circulation associated with the use.
4.
A Recreational Vehicle for security purposes is allowable as accessory to a temporary use which is allowable for less than thirty (30) days in duration.
5.
Roadside sales are prohibited unless otherwise authorized by the county's land development regulations.
H.
Minimum design standards for multifamily development.
1.
For the PDP (MF) and R-3 zoning categories:
a.
Building facade: A minimum of fifteen (15) percent of the front facade shall contain windows or doors. All windows and doors shall provide four-inch trim or be recessed (ie: into the front facade) to provide shadowing.
Exterior building elevations shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. These features shall occur at a minimum of every thirty (30) feet.
b.
Building materials: Wall surface areas must be brick, stone, stucco, decorative cementacious finish, stucco appearance, or colored or painted architectural block. Up to fifty (50) percent of wall surface area may be finished with siding if two (2) out of three (3) of the closest buildings utilize siding.
c.
Roofs shall have a minimum four (4) on twelve (12) pitch.
d.
All rooftop equipment shall be hidden behind parapets or other structures designed into the building.
e.
Minimum open space required for multifamily developments containing twelve (12) or more units: A minimum of fifteen (15) percent of the gross site must be maintained in open space. A minimum of fifty (50) percent of the required open space shall be in areas at least five hundred (500) square feet in size with no horizontal dimension less than fifteen (15) feet.
f.
Internal accessway design: Any accessways serving projects with multiple buildings shall be designed to accommodate turnaround traffic without the need for vehicles to back-up. The minimum width of an accessway shall be eighteen (18) feet.
Adequate transition radius from the accessway to the parking lot area must be provided. All intersecting drives must have a minimum fifteen-foot radius. The minimum design speed shall be fifteen (15) mph.
g.
Minimum dimensions for drive aisles and parking spaces must be in accordance with commercial parking standards.
h.
For developments containing more than twelve (12) units, when parking spaces are placed within entry aisles to a garage, an additional thirty (30) percent of the required parking must be provided in common areas throughout the project.
i.
No trash receptacles shall be located within the front twenty-five-foot setback or side ten-foot setback. Trash receptacles must be on a concrete or asphalt pad. Trash receptacles shall be screened from view by placement of a solid wood fence, masonry wall, or similar sight-obscuring, gated enclosure. Such screening is exempt from the provision of the fence ordinance for the minimum area necessary to adequately screen the trash receptacles.
j.
Pedestrian circulation for projects with multiple buildings: continuous internal sidewalks, a minimum of four (4) feet in width, shall be provided between buildings throughout the project. The internal sidewalk system shall connect all abutting streets to primary building entrances.
k.
For all development containing more than fifty (50) units, there shall either be twenty-four-hour on-site management or twenty-four-hour management by a professional company or the owner.
l.
Minimum building setbacks, excluding garages, from edge of pavement of internal vehicular accessways: Twenty-five (25) feet.
m.
Minimum separation between buildings: Fifteen (15) feet.
2.
For the PDP (MF2) and R-4 zoning categories:
a.
Minimum open space required for multifamily developments containing twelve (12) or more units: A minimum of fifteen (15) percent of the gross site must be maintained in open space. A minimum of fifty (50) percent of the required open space shall be in areas at least five hundred (500) square feet in size with no horizontal dimension less than fifteen (15) feet.
b.
Internal accessway design: Any accessways serving projects with multiple buildings shall be designed to accommodate turnaround traffic without the need for vehicles to back-up. The minimum width of an accessway shall be eighteen (18) feet.
Adequate transition radius from the accessway to the parking lot area must be provided. All intersecting drives must have a minimum fifteen-foot radius. The minimum design speed shall be fifteen (15) mph.
c.
Minimum dimensions for drive aisles and parking spaces must be in accordance with commercial parking standards.
d.
For developments containing more than twelve (12) units, when parking spaces are placed within entry aisles to a garage, an additional thirty (30) percent of the required parking must be provided in common areas throughout the project.
e.
No trash receptacles shall be located within the front twenty-five-foot setback or side ten-foot setback. Trash receptacles must be on a concrete or asphalt pad. Trash receptacles shall be screened from view by placement of a solid wood fence, masonry wall, or similar sight-obscuring, gated enclosure. Such screening is exempt from the provision of the fence ordinance for the minimum area necessary to adequately screen the trash receptacles.
f.
Pedestrian circulation for projects with multiple buildings: continuous internal sidewalks, a minimum of four (4) feet in width, shall be provided between buildings throughout the project. The internal sidewalk system shall connect all abutting streets to primary building entrances.
g.
For all development containing more than fifty (50) units, there shall either be twenty-four-hour on-site management or twenty-four-hour management by a professional company or the owner.
h.
Minimum building setbacks, excluding garages, from edge of pavement of internal vehicular accessways: Twenty-five (25) feet.
i.
Minimum separation between buildings: Fifteen (15) feet.
I.
Minimum design standards for development of Single-family dwellings, Two-family dwellings, or homes of six or fewer residents which meet the definition of a Community residential home as defined by State law and which otherwise satisfies the requirements of this zoning code.
1.
For the PDP (SF) District:
a.
Building Facade: Exterior building facade shall incorporate one offset measuring 4 feet perpendicular to the facade by 8 feet in length and a minimum of one architectural design feature including one of the following: balconies, covered porches, projections, cornice elements, windows, or door reveals. Architectural design features shall occur a minimum of every 30 feet to provide modulation, visual interest, and textured relief to preclude large expanses of uninterrupted building facades.
b.
Exterior Covering: Wall surface areas must be brick, stone, stucco, cement finish, or non-aluminum siding.
c.
Roof: The minimum pitch shall be 3 on 12. The use of traditional roof forms such as gables, hips and dormers are encouraged.
d.
Foundation: The foundation shall consist of a monolithic slab, stem wall with continuous footing, or a permanent foundation designed to meet the flood damage and prevention ordinance requirements.
e.
Garage(s): For all districts other than A/R, at least one garage per dwelling unit, with a minimum measurement of 10 feet in width by 20 feet in length, must be architecturally integrated. Said garage(s) must be structurally connected to residence or connected by a covered breezeway or roof. Side loaded garages must include one window, faux window, or door reveal to reduce the blank wall impact.
(Ord. of 12-4-72, § II(b)(5); Ord. No. 76-2, § 7, 2-17-76; Ord. No. 82-1, § 2, 1-19-82; Ord. No. 82-13, §§ 1, 2, 11-1-82; Ord. No. 84-5, § 2, 3-27-84; Ord. No. 85-12, §§ 1, 2, 6-4-85; Ord. No. 90-22, § 1, 11-26-90; Ord. No. 91-23, § 3, 7-2-91; Ord. No. 93-30, § 4, 12-21-93; Ord. No. 96-08, § 3, 5-7-96; Ord. No. 97-08, §§ 3, 4, 5-20-97; Ord. No. 98-18, § 3, 6-23-98; Ord. No. 99-02, § 2, 2-2-99; Ord. No. 2000-04, §§ 1—7, 4-4-00; Ord. No. 2000-05, § 1, 4-4-00; Ord. No. 2000-07, § 2, 5-9-00; Ord. No. 2001-06, § 2, 5-8-01; Ord. No. 2001-24, § 3, 12-18-01; Ord. No. 2002-12, § 2, 7-23-02; Ord. No. 2002-15, § 3, 8-6-02; Ord. No. 2003-02, § 2, 2-11-03; Ord. No. 2003-15, §§ 1—5, 8-5-03; Ord. No. 2005-22, § 3, 12-6-05; Ord. No. 2007-11, § 1, 7-24-07; Ord. No. 2008-05, § IX, 2-26-08; Ord. No. 2008-03, § 26, 2-5-08; Ord. No. 2010-21, § I, 10-26-10; Ord. No. 2012-3, § I, 3-13-12; Ord. No. 2013-22, § I, 7-23-13; Ord. No. 2014-1, § I, 1-28-14; Ord. No. 2021-08, § 1, 5-25-21; Ord. No. 2021-18, § 1, 9-28-21)
Section 3. - General regulations for lots and yards.
A.
Obstruction to vision: On corner lots in any zoning district where front yards are required, no obstruction shall be permitted in [to] impede visibility between a height of two (2) feet and ten (10) feet above the grades of the intersecting streets at their point of intersection in an area bounded by the intersection of any two (2) right-of-way lines of streets or a street and railroad, and a straight line intersecting those two (2) right-of-way lines at points forty-five (45) feet from their intersection.
B.
Double frontage and corner lots: Double frontage and corner lots shall meet front-yard regulations on all adjacent streets.
C.
Application and use of yards:
(1)
No part of a yard required for any building may be included as fulfilling the yard requirements for an adjacent building.
(2)
Accessory buildings are permitted in side, rear, and secondary front yards only. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.
(3)
No lot, even though it may consist of one or more adjacent lots or records, shall be reduced in area so that lot area, yards, widths or other dimension and area regulation of the ordinance are not maintained.
(Ord. of 12-4-72, § II(c)(1); Ord. No. 96-08, § 4, 5-7-96; Ord. No. 2016-17, § II, 11-8-16)
Section 4. - General regulations for vehicles.
A.
Off-street parking space and access:
(1)
The required parking shall be provided in accordance with these standards for all buildings and uses established or developed under this code provided that:
(a)
For multifamily projects which are dedicated to affordable housing as defined in section 420.0004, Florida Statutes, or workforce housing as defined in section 420.5095, Florida Statutes, as such statutes may be amended or renumbered from time to time, then the afore-stated minimum parking space requirements may be reduced by up to ten (10) percent of the total required. The burden shall be on the applicant to demonstrate to the satisfaction of the administrative official, through reasonable and appropriate documentation, that a reduction under this provision is warranted.
(b)
Five (5) percent of the required parking may be bicycle and/or motorcycle parking as approved by the administrative official.
(c)
The required parking may be reduced by ten (10) percent by the administrative official for the preservation of majestic or specimen trees as defined by the community appearance ordinance.
(d)
The required parking may be reduced by ten (10) percent by the administrative official where a use provides for a county-approved bus stop or bus stop shelter.
(e)
The required parking shall be on the same or contiguous property that is intended to serve the use. Alternative locations may be approved by the administrative official provided the alternative location is within four hundred (400) feet of the use it is intended to serve.
(f)
Generally, where multiple uses are present, parking shall be provided on the basis of the sum of the required parking for each use. However; three (3) or more commercial uses in one (1) building or on one (1) site shall be classified as a shopping center, regardless of use, for the purposes of meeting the parking standards of this code.
(g)
Any existing use without conforming off-street parking shall not be required to conform with the requirements of this ordinance at the time of a change of use. Expansions or additions to the primary structure will require conformance with the parking requirements of this section.
(h)
Where the required parking is greater than the number of spaces needed the administrative official may reduce the required parking based upon a parking study. Said study shall be based upon available planning and engineering data from professionally accepted sources or field studies.
(2)
The required parking shall be constructed to county parking lot standards, provided that:
(a)
Places of public assembly, public and private schools offering academic courses, and noncommercial amusement facilities may have up to fifty (50) percent of the parking spaces (including aisles) surfaced with grass, lawn or other materials for permanent, reserve parking; however, if parking demand is such that said grass, lawn or other material is caused to be damaged or destroyed to the extent that said grass or lawn ceases to grow, or the other material otherwise causes a nuisance to the neighborhood, then paving or repair of the damaged or destroyed area may be required by the administrative official;
(b)
Stadiums, arenas and other such similar facilities utilized in a intermittent, occasional manner may have all nonemployee parking spaces (excluding aisles) surfaced with grass, lawn or other materials for permanent reserve parking; however, if parking demand is such that said grass, lawn or other material is caused to be damaged or destroyed to the extent that said grass or lawn ceases to grow, or the other material otherwise causes a nuisance to the neighborhood, then paving of such an area in accordance with this section may be required by the administrative official;
(c)
The parking for congregate care homes facilities and community residential homes of greater than six (6) residents may be surfaced with grass or lawn with the exception of handicap accessible parking; however, if parking demand is such that said grass or lawn is caused to be damaged or destroyed to the extent that said grass or lawn ceases to grow, then paving of such an area in accordance with this section may be required by the county administrative official.
(d)
Parking for seasonal uses or uses not active on a daily basis surfaced with grass, lawn or other materials approved by the administrative official.
(e)
Single-family detached residential dwellings shall not be required to provide paved parking spaces or access except for driveway aprons required by the county.
(f)
Parking for home occupations and community residential homes of six (6) or fewer residents shall be based upon the required parking for residential uses.
(g)
Alternative paving materials including, but not limited to, gravel, millings, porous concrete, shell, stabilized vegetation, and pervious parking areas may be approved by the administrative official based upon certification from a professional engineer that the use/intensity and frequency of use on the alternative paving material will not contribute to erosion or sedimentation.
(3)
The required parking shall have a landscaped separation as provided for and contained in the standards set forth in the community appearance ordinance.
(4)
Minimum off-street parking space requirements for trucks or other company vehicles shall be one (1) space for every vehicle operated by the establishment on the premises.
(5)
When units or measurements determining the number of required off-street parking spaces result in the requirement of a fractional space, then a fraction having a value equal to or greater than one-half (½) shall be construed to be the next higher number of parking spaces.
(6)
Minimum off-street parking space requirements shall be as follows:
Parking Ratios
(7)
Shared parking: The use of shared parking may be allowed when the functional nature of the uses result in differing demands. The number of spaces shall be determined by the administrative official after the submission of a parking study. Said study shall be based upon available planning and engineering data from professionally accepted sources or field studies.
(8)
The amount of off-street parking space required shall be determined by the administrative official. Requirements for unlisted or unclassified uses shall be based upon a use provided for with similar characteristics. However, a parking study may be provided by the applicant for such use. Said study shall be based upon available planning and engineering data from professionally accepted sources or field studies.
(9)
Off-street parking space designed to serve nonresidential buildings and uses located in nonresidential zoning districts shall not be permitted to be located in residential zoning districts.
(10)
Existing off-street parking space for any premises shall not be reduced below the minimum requirements of this ordinance.
(11)
Off-street parking facilities and other vehicular facilities both required and provided shall:
(a)
Be identified as to purpose and location when not clearly evident;
(b)
Provide that access to parking, including access and aisles providing access to parking spaces, be constructed to county parking lot standards;
(c)
Be drained to county drainage standards.
(12)
All off-street parking and loading areas shall be well maintained; free of potholes, debris, weeds, broken curbs, and broken wheel stops; clearly striped; and with all lighting in working condition.
(13)
Any parking areas to be used by the general public shall provide suitable, marked parking spaces for handicapped persons. The number, signage, design and location of these spaces shall be in accordance with all applicable state and federal laws.
B.
Driveways and access management:
(1)
Access point spacing standards for commercial and multi-family residence located on a street. No driveway shall be constructed, improved, or modified without a permit issued by the county or state, whichever agency has jurisdiction.
(2)
All driveways shall be designed and constructed in accordance with the requirements of the Hernando County Facility Design Guidelines or the requirements for the state when that agency has jurisdiction.
(3)
Private roads, access easements, or driveways designed to provide primary vehicular access to nonresidential buildings shall not be permitted to be located in residential zoning districts.
(4)
The number of driveways and the required spacing of driveways shall be in accordance with the facilities design guidelines. The county engineer may permit additional access points when such points are justified and necessary due to the length of street frontage serving the premises and provided that the additional access points will substantially reduce traffic hazards or congestion on adjacent streets serving the property.
(5)
The installation of off-site access improvements may be required by the county where required to minimize traffic congestion and safety hazards.
(6)
Provisions for joint access and circulation may be required where necessary to minimize traffic congestion and safety hazards.
(7)
Left hand turning movements from driveways may be restricted where necessary to minimize traffic congestion and safety hazards.
(8)
Cross access to adjoin parcels may be required to provide for the free flow of traffic between uses without having to enter a street.
C.
Off-street loading and unloading space:
(1)
Shall be provided on the premises for every use requiring the receipt or distribution, by vehicles, of materials and merchandise. The space shall be provided so that no loading or unloading activity will be generated on any street or impede the flow of traffic through parking or access areas.
(2)
Shall be provided with vehicular access to a street or alley and with appropriate maneuvering areas.
(3)
Loading and unloading bays shall be at least forty (40) feet in depth, twelve (12) feet in width, with an overhead clearance of not less than fourteen (14) feet.
(4)
Space for the servicing of buildings by refuse collection, fuel and other service vehicles shall also be provided as appropriate.
D.
General requirements:
(1)
Pedestrian circulation facilities, roadways, driveways and off-street parking and loading areas shall be designed to be safe and convenient.
(2)
Parking and loading areas, aisles, pedestrian walks, landscaping and open space shall be designed as integral parts of an overall development plan and shall be properly related to existing and proposed buildings.
(3)
Buildings, parking and loading areas, landscaping and open spaces shall be designed so that pedestrians moving from parking areas to buildings and between buildings are not unreasonably exposed to vehicular traffic.
(4)
Landscaped, paved and gradually inclined or flat pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings. Pedestrian walks should be designed to discourage incursions into landscaped areas except at designated crossings.
(5)
Each off-street parking space shall open directly onto an aisle or driveway that, except for single-family and two-family residences, is not a public street.
(6)
Aisles and driveways shall not be used for parking vehicles, except that the driveway of a single-family or two-family residence shall be counted as a parking space for the dwelling unit.
(7)
The design shall be based on a definite and logical system of drive lanes to serve the parking and loading spaces. A physical separation or barrier, such as vertical curbs, may be required to separate parking spaces from travel lanes.
(8)
Parking spaces for all uses, except single-family and two-family residences, shall be designed to permit entry and exit without moving any other motor vehicle.
(9)
No parking space shall be located so as to block access by emergency vehicles.
(10)
The required depth of a parking space may be reduced by two (2) feet where the parking space abuts or overhangs any interior or perimeter landscape area or walkway where said area is at least five (5) feet in width and where wheel stops or curbing is provided.
(Ord. No. 72-3, Art. II, § 4, 4-28-72; Ord. No. 89-1, § 1, 1-24-89; Ord. No. 90-23, § 1, 11-26-90; Ord. No. 96-08, § 5, 5-7-96; Ord. No. 2001-24, §§ 4, 5, 12-18-01; Ord. No. 2002-15, § 2, 8-6-02; Ord. No. 2004-11, § 5, 8-3-04; Ord. No. 2007-15, § 5, 8-21-07; Ord. No. 2008-05, § X, 2-26-08; Ord. No. 2009-18, § III, 12-8-09; Ord. No. 2014-25, § I, 12-9-14)
Section 5. - General environmental control criteria and performance standards.
A.
The general criteria and standards contained herein are designed to ensure that all structures and uses will be properly located and will have a minimal adverse impact on the natural environment and their surroundings. The administrative official shall determine that the development proposed meets the environmental control criteria and performance standards and that the applicant has:
(1)
The financial capacity and technical ability to meet federal, state, and local air and water pollution control standards and has made adequate provision for solid waste disposal, the control of offensive odors, and the securing and maintenance of sufficient and healthful water supplies.
(2)
Made adequate provision for loading, parking and traffic movement from the development site onto public streets.
(3)
Made adequate provision for fitting development harmoniously into the existing natural environment and will not adversely affect existing uses, scenic character, natural resources or property values in the surrounding areas.
(4)
Made adequate provisions to ensure that the development will be built on soil types which are suitable to the nature of the undertaking.
(Ord. No. 72-3, Art. II, § 5, 4-28-72)
Section 6. - Water and sewer.
In all planned development projects, mobile home parks, recreational vehicle parks, industrial projects and commercial projects developed under the provisions of this Ordinance where a centralized water supply and distribution system and/or a central sewage collection and treatment system, either in whole or in part, are to be constructed as a part of the planned development project, mobile home park, recreational vehicle park, industrial project or commercial project, such water and/or sewer systems shall, as a condition of the approval of the above described projects, be dedicated to Hernando County upon demand by the county.
The dedication shall be in a form acceptable to the county attorney and may be by the entry into a contract between the developers of the above described projects and Hernando County providing for the dedication of the systems to the county.
The construction of any such water supply and distribution system and/or central sewage collection and treatment system shall meet or exceed any specifications or requirements by Hernando County by resolution for the construction of any such systems to be dedicated to the county.
The developer of a planned development project which contains golf courses or other large areas of open space shall agree to enter into an agreement with the county to utilize recycled water for irrigation when it becomes available and shall plan for the lines in the development to get the water to the areas to be irrigated.
(Ord. No. 98-24, § 2, 8-25-98)