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Hernando County Unincorporated
City Zoning Code

ARTICLE IV

- ZONING DISTRICT REGULATIONS

Section 1. - Establishment of zoning districts.

A.

Zoning district designation: The unincorporated area of Hernando County, Florida, is divided into the following zoning districts, as shown on the "Official Zoning District Map, Hernando County, Florida," and these zoning districts are designated, as follows:

(1)

R-1A Residential District: This district is designed primarily to permit the continued development of established residential areas which include a mixture of conventional single-family dwellings and mobile homes and is, therefore, not intended to be utilized extensively for future development.

(2)

R-1B Residential District: This district is designed to protect medium-density, single-family development and is intended to be the district most utilized for regulating single-family development located within, or adjacent to, urbanizing areas within the county.

(3)

R-1C Residential District: This district is designed to encourage and protect low-density, single-family development and is intended to be the district most utilized for regulating future single-family development within the county.

(4)

R-2.5 Residential District: This district is designed to encourage and protect low-density, single-family development at a maximum density of two and one-half (2½) units per acre. The district is designed primarily for new development and is not intended for extensive use in established neighborhoods. Any request for this district within an established neighborhood shall be by petition of owners of sixty-six (66) percent or more of the area proposed to be rezoned. In established neighborhoods, the minimum land area necessary for consideration of a zoning amendment petition to this district shall be an entire subdivision, subdivision unit or subdivision tract or at least ten (10) acres in size.

(5)

RM Residential Mobile Home District: This district is designed to allow the development of low-density mobile home subdivisions.

(6)

R-2 Residential District: This district is designed to permit medium-density residential development consisting of both single-family and two-family dwellings.

(7)

R-3 Residential District: This district is designed to permit higher-density single-lot principal building residential development consisting of both single-family and multifamily dwellings.

(8)

R-4 Residential District: This district is designed to permit higher-density single-lot principal building residential development consisting of both single family and multifamily dwellings.

(9)

A/R Agricultural/Residential District: This district is designed to allow the utilization of tracts of land for single-family dwellings while preserving the open character of the land. This zoning district is designed for use in areas which, by virtue of their location, physical characteristics and/or relationship to other land use areas, should be developed carefully and at a low-density to maintain their overall character within the county.

(10)

A/R-1 Agricultural/Residential District: This district is designed to allow the utilization of land for single-family mobile home dwellings while preserving the open character of the land. This zoning district is designed for use in areas which, by virtue of their location, physical characteristics, and/or relationship to other land use areas, should be developed carefully and at a low-density to maintain their overall character within the county.

(11)

A/R-2 Agricultural/Residential Districts: This district is designed to allow the continued development of low-density, single-family housing, characterized by an established mixture of both conventional single-family dwellings and mobile homes. The A/R-2 district is not to be utilized for future development.

(12)

County 2.5 District: This district is intended to apply to an area of low-density residential uses in a semirural environment, permitting residential activities and limited agricultural activities while preserving the open character of the land.

(13)

AG Agricultural District: This district is designed to promote and encourage the conservation and utilization of prime and productive agricultural land, as well as the preservation of the open character of certain land, which, by virtue of their topography, soil types, natural resources and/or relationship to other land use areas, should be carefully reviewed and evaluated prior to their possible development or else should continue to be developed at a relatively low-density to maintain their overall natural environment and unique character with the county.

(14)

R-1-MH Residential Single-Family Manufactured Housing District: This district is designed to permit development of low-density, modular-manufactured housing units to accommodate this changing industry and is, therefore, not intended to be utilized extensively for future development.

(15)

C-1 General Commercial District: This district is predominately designed to serve the general retail shopping needs of a community or area with uses to include convenience goods, shopping goods, personal services and limited institutional uses.

(16)

C-2 Highway Commercial District: This district is designed to permit the development of commercial areas at appropriate locations on major highways and is intended to meet the needs of motorists and other consumers through the provision of automobile-oriented service activities and other heavier commercial activities, in addition to those allowable in the C-1 district, located in a desirable grouping rather than in a strip or linear fashion along the highway.

(17)

C-3 Neighborhood Commercial District: This district is designed to permit the development of local small scale commercial areas which are properly located in regard to both adjacent streets and surrounding residential areas and intended to serve local neighborhood needs through the provision of easily accessible convenience goods and personal services.

(18)

C-4 Heavy Highway Commercial District: This district is designed to permit the development of heavy commercial areas at appropriate locations on major highways to minimize land use conflicts by providing desirable clusters or groupings of heavy commercial uses in appropriate areas rather than scattered in a strip or linear fashion along highways.

(19)

A-C Agricultural Commercial District: This district is intended to permit the development of properly located, limited and specialized commercial areas intended to serve the needs of neighboring rural and agricultural areas.

(20)

OP Office-Professional District: The district is intended to permit the development of administrative and professional offices, and other related low-profile, low-density land uses.

(21)

R-C Recreational Commercial District: This district is designed to permit the development of recreational vehicle/travel trailer park areas at appropriate locations on major highways, providing for limited occupancy on a temporary or seasonal basis not to exceed one hundred eighty (180) days.

(22)

I-1 Industrial District: This district is designed to encourage and promote the development of a coordinated and related industrial complex in a general area that is large enough to meet the needs of several types and varieties of industrial activities. The characteristics of uses in this district include light industrial development, distribution, research and development, processing, storage and related intensive commercial uses. Outdoor storage and more intense industrial activities may be permitted subject to performance conditions.

(23)

PDP Planned Development Project District: The planned development project (PDP) is a specialized zoning district which provides a level of density and/or intensity, and a list of permitted uses. A narrative description and a master plan are part of the PDP zoning. The master plan is a visual depiction of the general layout of the project in conformance with the PDP rules with any additional performance standards or specific deviations requested. The process for approval of a PDP zoning is through the zoning amendment process as provided for in this ordinance. This master plan must be reviewed and approved by the governing body. The list of permitted PDP districts are contained in Section 5 of this article and the requirements related to PDP districts are contained in article VIII of this Code.

(24)

CM-1 Marine Commercial District: The purpose and intent of the CM-1 district is to permit the designation of suitable locations for and to ensure the proper development and use of land and adjacent waters for commercial marinas and other uses incidental to such facilities. The principal uses of land at these locations shall be limited to waterfront dependent uses required for the support of recreational boating and fishing. The principal criterion for designating such locations, and regulating the development and use thereof, shall be minimizing or eliminating adverse impact on the natural environment.

(25)

CM-2 Heavy Marine Commercial District: The purpose and intent of the CM-2 district is to permit the designation of suitable locations for and to ensure the proper development and use of land and adjacent waters for commercial marinas and commercial fishing establishments. Such uses are more intense than those normally encountered in a recreational marina, yet far short of the intensity of use represented by the storage and commodity handling facilities and equipment attendant to the waterborne commerce movement facilities that are normally associated with seaports. The heavy marine commercial district is intended to accommodate such uses as boat and engine maintenance and repair and landing, icing and shipping of fish and seafood.

(26)

CV Conservation District: This district is designed to retain and preserve public and quasipublic lands designated for conservation containing vital resources to the county, such as state forests, wetlands, riverine protection zones, wildlife and marine habitat. Privately owned isolated uplands in the Coastal Zone which have been designated for conservation on the county Comprehensive Plan may also be included in this designation.

(27)

PSF Public Service Facility Overlay District: The Public Service Facility Overlay District is an additional designation created for placement over a property or portion thereof which allows governmental uses and structures and public service uses and structures. The Public Service Overlay District may be placed over any zoning district after review, in accordance with the rezoning process. All development within the Public Service Facility Overlay District must meet, at a minimum, the dimension and area regulations of the underlying zoning district. These standards may be increased by the board of county commissioners to protect the health, safety and welfare of the citizens of Hernando County.

(28)

M Mining District: This district is designed to provide a means for extraction of natural resources in the general area where they are found.

(29)

Resort Overlay District: The Resort Overlay District is an additional designation created for placement over a property or portion thereof which allows resort residential uses. The Resort Overlay District may be placed over any Residential, Rural or Conservation zoning district after review, in accordance with the rezoning process. All development within the Resort Overlay District must meet, at a minimum, the dimension and area regulations of the underlying zoning district. These standards may be increased by the board county commissioners to protect the health, safety, and welfare of the citizens of Hernando County.

(30)

I-2 Heavy Industrial District: The purpose of the I-2 Heavy Industrial District is to provide areas for the establishment of heavy industrial uses necessary for the development of a sound and diversified economic base. Heavy industrial uses should be compatible within the overall area in which they are located. This district accommodates a broad range of industrial uses and typical uses include manufacturing, processing, production, assembly, warehousing, distribution and heavier type industrial uses which may involve extensive outdoor storage and activities which may result in significant impacts.

B.

Interpretation of zoning district boundaries: The following rules shall be used to interpret the exact location of the zoning district boundaries shown on the zoning map:

(1)

Where a zoning district boundary follows a street or railroad, the center line of the street or railroad right-of-way is the boundary of the zoning district.

(2)

Where a zoning district boundary approximately follows a lot or property line, that line is the boundary of the zoning district.

(3)

Where a zoning district boundary follows a stream or the shore of a body of water, other than the Gulf of Mexico, the center of the stream, canal, creek or lake shall be the boundary of the zoning district. If the zoning district abuts the Gulf of Mexico, the boundary of the zoning district shall extend to the mean low tide water mark.

(4)

Where a zoning district boundary does not clearly follow any of the features mentioned above, its exact location on the ground shall be determined by measurement according to map scale.

(5)

In any case the exact location of a zoning district boundary is not clear, the administrative official shall appeal to the board for an interpretation and administrative decision.

C.

Areas unassigned to a zoning district: In case any area within the unincorporated area of Hernando County, Florida, is not included within a designated zoning district, the commission shall initiate the zoning amendment procedure within thirty (30) days after notification of such fact in order to assign such area to a zoning district. Zoning permits shall not be issued for such area until it is assigned to a zoning district.

(Ord. No. 74-8, § 1, 10-15-74; Ord. No. 76-2, § 10, 2-17-76; Ord. No. 84-14, § I, 8-21-84; Ord. No. 87-8, § 4, 3-3-87; Ord. No. 87-9, § 2, 3-3-87; Ord. No. 87-18, § 2, 5-26-87; Ord. No. 87-26, § 1, 10-20-87; Ord. No. 88-27, § 1, 8-10-88; Ord. No. 89-2, § 1, 1-24-89; Ord. No. 91-31, § 1, 9-24-91; Ord. No. 93-30, § 5, 12-21-93; Ord. No. 96-08, § 7, 5-7-96; Ord. No. 96-19, § 3, 9-10-96; Ord. No. 99-14, § 2, 7-6-99; Ord. No. 2002-15, § 5, 8-6-02; Ord. No. 2004-03, § 4, 2-24-04; Ord. No. 2008-05, §§ XI, XII, 2-26-08; Ord. No. 2010-1, § I, 1-26-10)

Section 2. - Residential districts.

The following regulations shall apply in the residential districts as indicated:

A.

R-1A Residential District:

(1)

Permitted uses:

(a)

Single-family dwellings.

(b)

Mobile homes.

(c)

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.

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Lodginghouses.

(c)

Bed and breakfast establishments.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area: The minimum lot area shall be six thousand (6,000) square feet.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be sixty (60) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet, except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet, except those lots which front on the turnarounds of permanent deadend streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a dwelling shall be six hundred (600) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches or terraces.

(h)

Maximum building area: The maximum building area shall be thirty-five (35) percent of the lot area.

(i)

Maximum building height: The maximum building height of a building shall be thirty-five (35) feet and/or two and one-half (2½) stories.

For buildings located in the V-zone as defined by the Federal Emergency Management Agency, the maximum building height allowed shall be thirty-eight (38) feet. Any exceedance would require a variance from the Board of County Commissioners.

(j)

Accessory structures:

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

(k)

Special regulations:

i.

No mobile home shall have a length or width dimension of less than twelve (12) feet, not including popouts and attachments. Also, no mobile home shall be permitted to be attached or detached in a manner that would be inconsistent with the original manufacturer's design standards.

ii.

All mobile homes must be skirted within thirty (30) days from the issuance of the certificate of occupancy. The skirting shall constitute a visual screen of new material, or material in acceptable condition, consisting of aluminum, pressure-treated wood, masonry or other acceptable material normally used for mobile home skirting and be placed around the entire perimeter of the mobile home and extending from the base of the mobile home to the ground.

iii.

Applicants applying for a building permit to place a used mobile home shall either provide proof of a current and valid inspection by the Department of Motor Vehicles or be inspected by the Hernando County Development Department prior to the issuance of a building permit to set the mobile home. The inspection will be conducted by the building division and is designed to protect the public health, safety and welfare. The inspection will be conducted in areas of fire safety, electrical, plumbing, mechanical and overall construction of the mobile home.

iv.

If the inspection of the mobile home determines that the unit is not repairable, no building permit shall be issued.

v.

No applicant applying to place a mobile home shall perform any repair work or commence set up of the mobile home until a building permit has been secured.

vi.

Any deficiencies noted in the inspection report shall be corrected prior to the issuance of a certificate of occupancy.

vii.

Standards for used mobile home inspections will be adopted by resolution of the Hernando County Board of County Commissioners and will be consistent with state standards regulating used mobile homes.

(l)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

B.

R-1B Residential District:

(1)

Permitted uses:

(a)

Single-family dwellings.

(b)

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.

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Lodginghouses.

(c)

Bed and breakfast establishments.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area: The minimum lot area shall be seven thousand five hundred (7,500) square feet.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be seventy-five (75) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet; except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet except those lots which front on the turnarounds of permanent dead-end streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a dwelling shall be nine hundred (900) square feet. For the purposes of this subsection, "minimumliving area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches, garages, or terraces.

(h)

Maximum building area: The maximum building area shall be thirty-five (35) percent of the lot area.

(i)

Maximum building height: The maximum building height of a building shall be thirty-five (35) feet, and/or two and one-half (2½) stories.

For buildings located in the V-zone as defined by the Federal Emergency Management Agency, the maximum building height allowed shall be thirty-eight (38) feet. Any exceedance would require a variance from the board of county commissioners.

(j)

Accessory buildings and structures:

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boat houses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have pervious or impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

vi.

Except as provided in subparagraph vii. hereof, no more than one detached building shall be allowed on a parcel. Any detached accessory building exceeding two hundred (200) square feet in size must meet the following:

a.

The detached accessory building shall be designed to meet the criteria of the flood regulations.

b.

All other applicable standards relating to accessory buildings shall be met.

c.

The detached accessory building shall be no more than four hundred (400) square feet in size.

vii.

One detached garage, in addition to the detached building provided for in item vi. above, is allowed meeting the following criteria:

a.

The detached garage is site built; and

b.

Has a minimum dimension of ten (10) feet by twenty (20) feet; and

c.

The length of the detached garage shall be no more than twice the measurement of the width; and

d.

The detached garage shall be designed to meet the criteria of the flood regulations in flood-prone areas.

viii.

There are no minimum yard standards for well houses as defined in this ordinance.

(k)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

C.

R-1C Residential District:

(1)

Permitted uses:

(a)

Single-family dwellings.

(b)

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.

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Lodginghouses.

(c)

Bed and breakfast establishments.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area: The minimum lot area shall be ten thousand (10,000) square feet.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be seventy-five (75) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet; except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet except those lots which front on the turnarounds of permanent dead-end streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a dwelling shall be nine hundred (900) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches, garages, or terraces.

(h)

Maximum building area: The maximum building area shall be thirty-five (35) percent of the lot area.

(i)

Maximum building height: The maximum building height of a building shall be thirty-five (35) feet, and/or two and one-half (2½) stories.

For buildings located in the V-zone as defined by the Federal Emergency Management Agency, the maximum building height allowed shall be thirty-eight (38) feet. Any exceedance would require a variance from the board of county commissioners.

(j)

Accessory buildings and structures:

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boat houses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have pervious or impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

vi.

Except as provided in subparagraph vii. hereof, no more than one detached building shall be allowed on a parcel. Any detached accessory building exceeding two hundred (200) square feet in size must meet the following:

a.

The detached accessory building shall be designed to meet the criteria of the flood regulations.

b.

All other applicable standards relating to accessory buildings shall be met.

c.

The detached accessory building shall be no more than four hundred (400) square feet in size.

vii.

One detached garage, in addition to the detached building provided for in item vi. above, is allowed meeting the following criteria:

a.

The detached garage is site built; and

b.

Has a minimum dimension of ten (10) feet by twenty (20) feet; and

c.

The length of the detached garage shall be no more than twice the measurement of the width; and

d.

The detached garage shall be designed to meet the criteria of the flood regulations in flood-prone areas.

viii.

There are no minimum yard standards for well houses as defined in this ordinance.

(k)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

D.

R-2.5 Residential District:

(1)

Permitted uses:

(a)

Single-family dwellings.

(b)

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.

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Bed and breakfast establishments.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area: The minimum lot area shall be thirteen thousand (13,000) square feet for any lot created after the effective date of the resolution rezoning the area to the R-2.5 District.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be seventy-five (75) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet; except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet except those lots which front on the turnarounds of permanent dead-end streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a dwelling shall be nine hundred (900) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches, garages, or terraces.

(h)

Maximum building area: The maximum building area shall be thirty-five (35) percent of the lot area.

(i)

Maximum building height: The maximum building height of a building shall be thirty-five (35) feet, and/or two and one-half (2½) stories.

For buildings located in the V-zone as defined by the Federal Emergency Management Agency, the maximum building height allowed shall be thirty-eight (38) feet. Any exceedance would require a variance from the board of county commissioners.

(j)

Accessory structures and buildings:

i.

Accessory buildings are permitted in the side, and rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iii.

On lots that abut golf courses, detached accessory buildings are not permitted in the rear yard. Screened swimming pool enclosures shall meet the rear yard requirement for principal buildings.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have pervious or impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

vi.

On lots that abut rivers and lakes, screened swimming pool enclosures and accessory buildings, except boat houses, shall meet the rear yard requirement for principal buildings.

vii.

Noncommercial piers and boat houses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways except where required by other regulatory standards.

viii.

On lots that abut golf courses, rivers, or lakes, the maximum height for fences located in the rear yard, other than chain link fences, shall be four (4) feet. For chain link fences located in the rear yard, the maximum height shall be six (6) feet. All fences located in the rear yard shall be constructed so as not to impair sight lines.

ix.

Except as provided in subparagraph x. hereof, no more than one (1) detached building shall be allowed on a parcel. Any detached accessory building exceeding two hundred (200) square feet in size must meet the following:

a.

The detached accessory building shall be designed to meet the criteria of the flood regulations.

b.

All other applicable standards relating to accessory buildings shall be met.

c.

The detached accessory building shall be no more than four hundred (400) square feet in size.

x.

One (1) detached garage, in addition to the detached building provided for in item ix. above, is allowed meeting the following criteria:

a.

The detached garage is site built; and

b.

Has a minimum dimension of ten (10) feet by twenty (20) feet; and

c.

The length of the detached garage shall be no more than twice the measurement of the width; and

d.

The detached garage shall be designed to meet the criteria of the flood regulations in flood-prone areas.

xi.

There are no minimum yard standards for well houses as defined in this ordinance.

(k)

Vehicle parking and storage:

i.

Vehicles with a gross vehicle weight of ten thousand (10,000) pounds or less which are built for or which have received major modifications to the chassis or body for business purposes shall not be parked on any lot within the district unless the vehicle is stored in an enclosed building or in an area so that the vehicle is not visible from streets or other properties. Examples of regulated vehicles include but are not limited to: box vans, tank trucks, buses, wreckers, or dump bodies.

(l)

Special regulations:

i.

On lots that abut golf courses, recreational vehicles, boats and similar items shall be stored only in the side yard or in an enclosed building. If stored in the side yard the unit must be at least five (5) feet from the side lot line.

ii.

Visitors may temporarily park a recreational vehicle in an area not meeting the standard contained in item i. for a maximum cumulative time period of three (3) days within any ninety-day period.

iii.

No business activity shall be allowed which involves the pick up and delivery of materials, other than those small businesses traditionally operated from a residence such as cosmetics, home care products, book keeping services, seamstress, or other such businesses conducted solely within the residence without external signage or activities.

iv.

No business activity shall be allowed which involves the manufacturing of any product.

v.

All tools, maintenance equipment, and similar devices associated with any business entity shall be stored in an enclosed building or an area so that the equipment is not visible from streets or other properties.

(m)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

E.

RM Residential District:

(1)

Permitted uses:

(a)

Mobile homes.

(b)

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.

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Bed and breakfast establishments.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area: The minimum lot area shall be seven thousand five hundred (7,500) square feet.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be seventy-five (75) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet, except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet, except those lots which front on the turnarounds of permanent deadend streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a dwelling shall be six hundred (600) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches or terraces.

(h)

Maximum building area: The maximum building area of dwelling shall be thirty-five (35) percent of the lot area.

(i)

Maximum building height: The maximum building height of a building shall be thirty-five (35) feet and/or two and one-half (2½) stories.

For buildings located in the V-zone as defined by the Federal Emergency Management Agency, the maximum building height allowed shall be thirty-eight (38) feet. Any exceedance would require a variance from the Board of County Commissioners.

(j)

Accessory structures:

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

(k)

Special regulations:

i.

No mobile home shall have a length or width dimension of less than twelve (12) feet, not including popouts and attachments. Also, no mobile home shall be permitted to be attached or detached in a manner that would be inconsistent with the original manufacturer's design standards.

ii.

All mobile homes must be skirted within thirty (30) days from the issuance of the certificate of occupancy. The skirting shall constitute a visual screen of new material, or material in acceptable condition, consisting of aluminum, pressure-treated wood, masonry or other acceptable material normally used for mobile home skirting and be placed around the entire perimeter of the mobile home and extending from the base of the mobile home to the ground.

iii.

Applicants applying for a building permit to place a used mobile home shall either provide proof of a current and valid inspection by the Department of Motor Vehicles or be inspected by the Hernando County Development Department prior to the issuance of a building permit to set the mobile home. The inspection will be conducted by the building division and is designed to protect the public health, safety and welfare. The inspection will be conducted in areas of fire safety, electrical, plumbing, mechanical and overall construction of the mobile home.

iv.

If the inspection of the mobile home determines that the unit is not repairable, no building permit shall be issued.

v.

No applicant applying to place a mobile home shall perform any repair work or commence set up of the mobile home until a building permit has been secured.

vi.

Any deficiencies noted in the inspection report shall be corrected prior to the issuance of a certificate of occupancy.

vii.

Standards for used mobile home inspections will be adopted by resolution of the Hernando County Board of County Commissioners and will be consistent with state standards regulating used mobile homes.

(l)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

F.

R-2 Residential District:

(1)

Permitted uses:

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

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..

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Lodginghouses.

(c)

Bed and breakfast establishments.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area:

i.

The minimum lot area shall be seven thousand five hundred (7,500) square feet for single-family dwellings.

ii.

The minimum lot area shall be twelve thousand (12,000) square feet for two-family dwellings.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be seventy-five (75) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet; except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet except those lots which front on the turnarounds of permanent deadend streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a single family dwelling shall be nine hundred (900) square feet. The minimum living area for all other dwellings shall be six hundred (600) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches, garages, or terraces.

(h)

Maximum building area: The maximum building area of dwelling shall be thirty-five (35) percent of the lot area.

(i)

Maximum building height: The maximum building height of a building shall be thirty-five (35) feet, and/or two and one-half (2½) stories.

For buildings located in the V-zone as defined by the Federal Emergency Management Agency, the maximum building height allowed shall be thirty-eight (38) feet. Any exceedance would require a variance from the Board of County Commissioners.

(j)

Accessory structures:

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

(k)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

G.

R-3 Residential District:

(1)

Permitted uses:

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Multifamily dwellings.

(d)

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.

(e)

Clubhouses in association with a multifamily development.

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Lodginghouses.

(c)

Boardinghouses.

(d)

Bed and breakfast establishments.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area:

i.

The minimum lot area shall be seven thousand five hundred (7,500) square feet for single-family dwellings.

ii.

The minimum lot area shall be twelve thousand (12,000) square feet for two-family dwellings.

iii.

For multifamily dwellings (containing three (3) or more dwelling units), the minimum lot area shall be twelve thousand (12,000) square feet plus three thousand (3,000) square feet for each additional dwelling unit over the first two (2) dwelling units.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be seventy-five (75) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original land use regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet, except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original land use regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original land use regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet, except those lots which front on the turnarounds of permanent deadend streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a single family dwelling shall be nine hundred (900) square feet. The minimum living area for all other dwellings shall be six hundred (600) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches, garages, or terraces.

(h)

Maximum building area: The maximum building area shall be forty-five (45) percent of the lot area.

(i)

Maximum building height: The maximum building height is forty-five (45) feet and/or three (3) stories. No building shall exceed three (3) stories or forty-five (45) feet in the R-3 district unless one foot shall be added to the required front and side yards for each foot of building height over forty-five (45) feet in addition to the general yard requirements for the zoning district.

(j)

Accessory structures:

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

(k)

Maximum number of multifamily dwelling units per building: Twelve (12).

(l)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

H.

R-4 Residential District.

(1)

Permitted uses:

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Multifamily dwellings.

(d)

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.

(e)

Clubhouses in association with a multifamily development.

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Lodging houses.

(c)

Boarding houses.

(d)

Bed and breakfast establishments.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area:

i.

The minimum lot area shall be seven thousand five hundred (7,500) square feet for single family dwellings.

ii.

The minimum lot area shall be twelve thousand (12,000) square feet for two-family dwellings.

iii.

For multifamily dwellings (containing three (3) or more dwelling units) the minimum lot area shall be twelve thousand (12,000) square feet plus three thousand (3,000) square feet for each additional dwelling unit over the first two (2) dwelling units.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be seventy-five (75) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet; except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original Land Use Regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet except those lots which front on the turnarounds of permanent dead-end streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a single family dwelling shall be nine hundred (900) square feet. The minimum living area for all other dwellings shall be six hundred (600) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches, garages, or terraces.

(h)

Maximum building area: The maximum building area shall be forty-five (45) percent of the lot area.

(i)

Maximum building height: The maximum building height is forty-five (45) feet and/or three (3) stories. No building shall exceed three (3) stories, or forty-five (45) feet in the R-3 district unless one foot shall be added to the required front and side yards for each foot of building height over forty-five (45) feet in addition to the general yard requirements for the zoning district.

(j)

Accessory structures:

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boat houses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

(k)

Maximum number of multifamily dwelling units per building: Twelve (12).

(l)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

I.

R-R Residential District:

(1)

Permitted uses:

(a)

Resort dwellings.

(b)

Single-family dwellings.

(c)

Two-family dwellings.

(d)

Multifamily dwellings containing up to twelve (12) dwelling units.

(e)

Bed and breakfast establishments.

(f)

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.

(2)

Permitted accessory structures and uses:

(a)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

(b)

Accessory uses customarily incidental to the principal use of the premises.

(3)

Special exception uses:

(a)

Home occupation.

(b)

Lodginghouses.

(c)

Boardinghouses.

(d)

Community centers.

(e)

Clubhouses.

(f)

Gift shops.

(g)

Recreational facilities.

(h)

Rental stores.

(i)

Restaurants.

(4)

Dimension and area regulations. The following dimension and area regulations shall apply in the district:

(a)

Minimum lot area:

i.

The minimum lot area shall be seven thousand five hundred (7,500) square feet for single-family dwellings.

ii.

The minimum lot area shall be twelve thousand (12,000) square feet for two-family dwellings.

iii.

For multifamily dwellings (containing three (3) or more dwelling units), the minimum lot area shall be twelve thousand (12,000) square feet plus three thousand (3,000) square feet for each additional dwelling unit over the first two (2) dwelling units.

(b)

Minimum lot width at building line: The minimum lot width at building line shall be seventy-five (75) feet.

(c)

Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet.

Where lots are created prior to the adoption of the original land use regulations, Ordinance No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet, except the area between U.S. 19 and Oak Lake Drive on C.R. 578 where the front yard setback shall be twenty-five (25) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement shall be ten (10) feet. Where lots are created prior to the adoption of the original land use regulations, Ordinance No. 72-3, and do not meet the requirement for lot width at the building line, the side setback shall be seven (7) feet.

(e)

Minimum rear yard requirements: The minimum rear yard requirement shall be twenty (20) feet. Where lots are created prior to the adoption of the original land use regulations, Ordinance No. 72-3, and the lots front on a street with a waterway to the rear, the rear yard requirement shall be fifteen (15) feet.

(f)

Minimum street frontage: The minimum street frontage shall be fifty (50) feet, except those lots which front on the turnarounds of permanent deadend streets shall be permitted to front on such turnarounds for a minimum distance of thirty (30) feet.

(g)

Minimum living area: The minimum living area of a single family dwelling shall be nine hundred (900) square feet. The minimum living area for all other dwellings shall be six hundred (600) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches, garages, or terraces.

(h)

Maximum building area: The maximum building area shall be forty-five (45) percent of the lot area.

(i)

Maximum building height: The maximum building height is forty-five (45) feet and/or three (3) stories. No building shall exceed three (3) stories or forty-five (45) feet in the R-R district unless one foot shall be added to the required front and side yards for each foot of building height over forty-five (45) feet in addition to the general yard requirements for the zoning district.

(j)

Accessory structures:

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boathouses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

(k)

Special regulations: To reduce conflicts with existing or future residential districts and resort residential districts, the following regulations shall apply:

i.

All structures in R-R districts shall be on a central sewer system.

ii.

There shall be no access points from a R-R district to an adjacent residential district.

iii.

R-R districts shall provide and maintain a minimum setback for all structures of thirty-five (35) feet for side and rear yards that are adjacent to a residential district. The outermost portion of the required thirty-five-foot setback bordering the parcel and adjacent to the residential district shall consist of a five-foot landscaped separation strip. The resort usage of such a lot shall be permanently screened from the adjacent residential properties by a wall, fence, evergreen hedge and/or other approved enclosures. Such screening shall be located within the required separation strip and shall have a minimum height of five (5) feet and a maximum height of eight (8) feet.

iv.

Any use of property prior to the effective date of this ordinance [Ordinance No. 91-31] as a resort dwelling constitutes a commercial use of property and any such use within a noncommercial zoning district constitutes a zoning violation.

(l)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

(Ord. No. 12-14-72, § IV(a)(1), (2); Ord. No. 76-2, §§ 12—14, 2-17-76; Ord. No. 78-4, §§ 2—6, 5-16-78; Ord. No. 84-6, § 1, 3-27-84; Ord. No. 85-4, § 1, 2-19-85; Ord. No. 85-19, § 2, 8-20-85; Ord. No. 87-12, § 1, 3-31-87; Ord. No. 87-18, §§ 3—8, 5-26-87; Ord. No. 91-31, § 2, 9-24-91; Ord. No. 92-05, §§ 2, 3, 5-14-92; Ord. No. 96-08, §§ 8—15, 5-7-96; Ord. No. 96-19, §§ 4—11, 9-10-96; Ord. No. 97-3, § 2, 3-4-97; Ord. No. 98-17, §§ 1—6, 6-23-98; Ord. No. 99-14, §§ 2—11, 7-6-99; Ord. No. 2000-04, § 9, 4-4-00; Ord. No. 2000-07, §§ 3—5, 5-9-00; Ord. No. 2001-06, §§ 3—8, 5-8-01; Ord. No. 2002-15, §§ 6, 7, 8-6-02; Ord. No. 2003-02, §§ 3—5, 2-11-03; Ord. No. 2004-03, §§ 5—13, 2-24-04; Ord. No. 2004-11, § 8, 8-3-04; Ord. No. 2007-15, § 4, 8-21-07; Ord. No. 2007-05, § 8, 4-17-07; Ord. No. 2010-21, §§ II—IV, 10-26-10; Ord. No. 2013-22, § II, 7-23-13; Ord. No. 2016-17, § III, 11-8-16; Ord. No. 2021-18, §§ 2, 3, 9-28-21)

Section 3. - Commercial districts.

The maximum building area permitted for single buildings or single site development with multiple buildings with the same use and owned and managed by the same entity in the commercial zoning districts provided for in this section shall be limited to sixty-five thousand (65,000) square feet. Any single building, or single site development with multiple buildings with the same use and owned and managed by the same entity, greater than sixty-five thousand (65,000) square feet may apply for approval through the planned development project section of this ordinance. The following regulations shall apply to commercial districts as indicated:

A.

Permitted uses:

(1)

Permitted uses in the C-1 Commercial District shall be as follows:

(a)

Comparison goods stores

(b)

Convenience goods stores with a limit of 12 vehicle fueling stations

(c)

Personal service establishments

(d)

Domestic and business service establishments

(e)

Domestic and business repair establishments

(f)

Business, professional and nonprofit organization offices

(g)

Public offices

(h)

Business training schools

(i)

Restaurants with or without alcohol dispensation

(j)

Indoor commercial amusement establishments

(k)

Indoor motion picture theaters

(l)

Motels

(m)

Hotels

(n)

Automobile parking establishments

(o)

Gasoline service stations with a limit of 12 vehicle fueling stations

(p)

Light building material establishments

(q)

Mortuaries, funeral homes

(r)

Antique stores

(s)

Alcoholic beverage dispensation package and restaurants only

(t)

Retail food stores

(u)

Veterinary clinics with air conditioned, sound-attenuated runs

(v)

Light marine establishments

(w)

Fire stations and state, county and municipal police stations

(x)

Light domestic rental establishments

(y)

Auto parts establishments

(z)

Dry cleaning establishments

(aa)

One (1) single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public

(bb)

Day care centers and preschools

(cc)

Automobile service establishments limited to four (4) service bays

(dd)

Places of Public Assembly

(ee)

Fraternal organizations

(ff)

Secondhand stores

(gg)

Retail plant nurseries with outside storage limited to plants and packaged products

(hh)

Auto glass establishments

(ii)

Aircraft parts establishments

(jj)

Nursing care homes

(kk)

Light construction service establishments

(ll)

Call Centers

(2)

Permitted uses in a C-2 Highway Commercial District shall be as follows:

(a)

Any use permitted in a C-1 General Commercial District

(b)

Drive-in restaurants

(c)

Automotive dealer establishments, including the principal selling of used cars

(d)

Tire and automotive accessory establishments

(e)

Automotive specialty establishments

(f)

Automotive and truck rental establishments

(g)

Automobile dealer establishments for the principal selling of new cars with service establishments including body shops

(h)

Automobile and truck repair establishments excluding body shops

(i)

Veterinarian and animal clinics or hospital service establishment

(j)

Alcoholic beverage dispensation

(k)

Publishing and printing service establishments

(l)

Domestic rental establishments

(m)

Crematories

(n)

Public transportation terminals for buses and taxis only

(o)

Light construction service establishments

(p)

Retail plant nurseries

(q)

Mini-warehouses

(r)

One (1) single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public

(s)

Boat sales and service with or without outside display

(t)

Light farm equipment and supply establishments

(u)

Light landscaping service establishments

(v)

Automobile service establishments

(3)

Permitted uses in a C-3 Neighborhood Commercial District shall be as follows:

(a)

Convenience goods stores; provided that there are not more than two (2) checkout lanes and two (2) vehicle fueling stations.

(b)

Personal service establishments.

(c)

Business, professional and non-profit organization offices.

(d)

Public offices and utility facilities.

(e)

Alcoholic beverage dispensation (package and restaurants only).

(f)

Delicatessens and restaurants with a forty (40) or less seating capacity.

(g)

One single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public.

(h)

Day care centers.

(i)

Nursing care homes.

(4)

Permitted uses in a C-4 Heavy Highway Commercial District shall be as follows:

(a)

Automobile and truck repair establishments.

(b)

Welding shops.

(c)

Cabinet shops.

(d)

Domestic and business service establishments.

(e)

Fire stations and state, county and municipal police stations.

(f)

Light wholesale and storage establishments.

(g)

Truck service centers.

(h)

Laundry and dry cleaning plants.

(i)

One single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public.

(j)

Outdoor advertising service establishments.

(k)

Automobile service establishments.

(l)

Light manufacturing with or without outside storage.

(m)

Construction service establishments.

(n)

Domestic rental services.

(o)

Miniwarehouses.

(p)

Publishing and printing service establishments.

(q)

Aircraft parts establishment.

(r)

Monopole towers one hundred fifty (150) feet or less in height.

(s)

Recycling collection facility.

(5)

Permitted uses in the CM-1 Commercial Marine District shall be as follows:

(a)

Marinas for pleasure craft with screened, fenced boat storage areas. [3]

(b)

Marinas for commercial vessels which are less than 26' in length with screened, boat storage areas*

(c)

Marinas for commercial vessels with screened, fenced boat storage areas.*

(d)

Accessory uses which are designed as an integral part of a marina, including, but not necessarily limited to, the following:

1.

Administrative offices.

2.

Gift and souvenir shops.

3.

Laundromats.

4.

Restaurants.

5.

Sale of fuel and lubricants.

6.

Sanitary facilities (restrooms and showers for transient persons; pump out facilities for on-board sanitation, wastewater holding pretreatment or treatment).

7.

Consumption on premises—In conjunction with a restaurant where the dispensation of alcoholic beverages is secondary to the dispensation of food

(e)

Bait and tackle shop.

(f)

Boat parts store including installation.

(g)

Docking or mooring facilities for pleasure craft.

(h)

Dry boat storage, not exceeding sixty (60) feet in height above flood zone.

(i)

Sales, service, minor repairs and rental of pleasure boats, motors and accessories.

(j)

Schools, commercial—Limited to sailing and marine-oriented outdoor lifestyle schools.

(k)

One single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public.

(6)

Permitted uses in the CM-2 Commercial Marine District shall be as follows:

(a)

Marinas for pleasure crafts or commercial vessels with fenced, screened boat storage areas. [4]

(b)

Accessory uses which are designed as an integral part of a marina, including, but not necessarily limited to, the following:

1.

Gift and souvenir shops.

2.

Laundromats.

3.

Restaurants.

4.

Sale of fuel and lubricants.

5.

Sanitary facilities (restrooms and showers for transient persons; pump out facilities for onboard sanitation, wastewater holding pretreatment or treatment).

6.

School, commercial—Limited to sailing and marine-oriented, outdoor life-style schools.

7.

Signs, provided such signs comply with the Hernando County Sign Ordinance.

(c)

Administrative offices.

(d)

Bait and tackle shop.

(e)

Sales, service, minor repairs and rental of boats, motors, and accessories.

(f)

Consumption on premises—In conjunction with a restaurant where the dispensation of alcoholic beverages is secondary to the dispensation of food.

(g)

Boat parts store including installation.

(h)

Docking or mooring facilities for any pleasure craft or permitted commercial vessels.

(i)

Dry boat storage, not exceeding sixty (60) feet in height above flood zone.

(j)

Commercial fisheries, land support but limited to: Ice manufacture, ice service to fishing boats, landing, icing, boxing and shipping fresh fin fish, shellfish (mollusks) and crustaceans. All outside storage areas other than boat storage must be screened with a six-foot fence of eighty (80) percent opacity.

(k)

One single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public.

(7)

Permitted uses in OP (Office-Professional) District shall be as follows:

(a)

Day care centers and preschools.

(b)

Places of public assembly.

(c)

Business, professional and nonprofit organization office use, but not including the sale or storage of merchandise except where the sale or storage of merchandise relates directly to the rendering of professional services.

(d)

Publicly owned or operated building.

(e)

One single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public.

(f)

Charitable organizations.

(g)

Hospital.

(8)

Permitted uses in an A/C (Agricultural/Commercial) District shall be as follows:

(a)

Building material establishments.

(b)

Convenience stores.

(c)

Custom slaughtering establishments.

(d)

Feed stores.

(e)

Garden supply and nurseries.

(f)

General dry goods stores.

(g)

Landscape services.

(h)

Produce markets.

(i)

Veterinarian clinics.

(j)

One single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above the portion of the business structure devoted to service to the public.

B.

Permitted accessory or temporary uses and structures in all commercial districts:

(1)

Permitted accessory uses and structures in all commercial districts are: Signs identifying the name and type of activity conducted on the same premises; and, garages or other buildings not used as dwellings and accessories to the principal uses.

(2)

In the C-4 and A/C Commercial districts, screened outside storage shall be permitted behind the building line as an accessory use to a permitted use. Screening shall be required from adjoining and contiguous properties by a wall, fence or other approved enclosures. Screening shall meet an eighty (80) percent opacity standard. Such screening shall be located behind the building line and shall have a minimum height of five (5) feet and maximum of eight (8) feet.

(3)

In the C-2 district, welding shops customarily incidental to the principal use of the property shall be permitted as an accessory use provided the welding shop does not exceed twenty-five (25) [percent] of the principal use area.

(4)

Portable storage structures are allowable in conjunction with the commercial use of a property provided an area for their placement is designated on a site plan. The area shall be located behind the principal permitted use on the property and not visible from the street. The area shall not be located within buffers or parking areas, or otherwise impede the traffic circulation associated with the principal permitted use. Placement of the storage structures must meet minimum setback requirements for accessory buildings and secure a zoning permit. If the portable storage structure area is placed adjacent to residentially zoned property, it must be shielded from view.

(5)

In all commercial districts the display of merchandise and products for retail sale is allowed provided the display occurs on the sidewalk adjacent to a customer entrance to the principle structure.

C.

Special exception uses:

(1)

Special exception uses in C-1 General Commercial Districts shall be as follows:

(a)

As allowed per Article V, Section 8, subsection C. of these regulations.

(b)

Retail plant nurseries with outside storage.

(c)

Commercial vehicle parking lot as a principal use, provided:

i.

The parking of commercial vehicles shall be limited to no more than ten commercial vehicles.

ii

The parking of commercial vehicles shall not be allowed on any commercial tract less than five acres in size.

iii.

The parking of commercial vehicles shall only be allowed on paved parking lots.

iv.

The property on which the commercial vehicles may park shall have direct access to a County truck route.

(2)

Special exception uses in a C-2 Highway Commercial District shall be as follows:

(a)

Automobile and truck repair establishments.

(b)

Light wholesale and storage establishments.

(c)

Heavy building material establishments.

(d)

Welding shops.

(e)

Commercial vehicle parking lot as a principal use, provided:

i.

The parking of commercial vehicles shall be limited to no more than ten commercial vehicles.

ii

The parking of commercial vehicles shall not be allowed on any commercial tract less than five acres in size.

iii.

The parking of commercial vehicles shall only be allowed on paved parking lots.

iv.

The property on which the commercial vehicles may park shall have direct access to a County truck route.

(f)

Outdoor storage.

(3)

Special exception uses in a C-3 Neighborhood Commercial District shall be as follows: As allowed per Article V, Section 8, subsection C. of these regulations.

(4)

Special exception uses in a C-4 Heavy Highway Commercial District shall be as follows:

(a)

Heavy wholesale and storage establishments.

(b)

Heavy heating fuel and ice establishments.

(c)

Heavy outdoor advertising service establishments.

(d)

Heavy farm equipment and supply establishments.

(e)

Heavy building material establishments.

(f)

Heavy construction service establishments.

(g)

Heavy landscaping service establishments.

(h)

Light and heavy motor freight transportation establishments.

(5)

Special exception uses in the CM-1 Commercial Marina District shall be as follows:

(a)

Hotels/motels.

(b)

Live-aboards—Permanent residence aboard a docked or moored boat.

(6)

Special exception uses in the CM-2 Heavy Commercial Marina District shall be as follows:

(a)

Hotels/motels.

(b)

Live-aboards—Permanent residence aboard a docked or moored boat.

(c)

Boatyards—Heavy repair, boat building.

(d)

Seafood processing plants.

(7)

Special exception uses in the A/C Agricultural/Commercial District shall be as follows:

(a)

Livestock auctions.

(8)

Special exception uses in a OP Office-Professional District shall be as follows: As allowed per Article V, Section 8, subsection C. of these regulations.

D.

Dimension and area regulations: The following dimension and area regulations shall apply in the respective commercial districts:

(1)

Minimum front yard requirements for all commercial zoning districts:

(a)

The front yard requirement along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 shall be one hundred twenty-five (125) feet.

(b)

Along all other functionally classified roads not included in (a) above identified on the Existing Functional Classification Map developed by Hernando County, the front setback shall be seventy-five (75) feet; provided, however, any yard variances existing on October 1, 1987, shall remain in full force and effect on property rezoned to CM-1 or CM-2.

(c)

Along all roadways not identified on the Existing Functional Classification Map, the minimum front yard requirement is thirty-five (35) feet.

The Existing Functional Classification Map developed by Hernando County is hereby adopted by reference and made part of this section. The official Existing Functional Classification Map shall be placed on file at the Hernando County Planning Department. The Existing Functional Classification Map may be modified by board resolution at any time upon notice of an advertised public hearing.

(2)

Minimum side yard requirement: The minimum side yard requirement in all commercial districts is twenty (20) feet.

(3)

Minimum rear yard requirement: The minimum rear yard requirement in all commercial districts is thirty-five (35) feet. The board may, upon request by the applicant, reduce the required rear yard where such rear yards would be adjacent to railroad sidings if such reduction would not be detrimental to surrounding areas.

(4)

Required land area: C-3 Commercial Districts shall consist of no more than three (3) acres of land area; A/C Districts shall consist of no more than five (5) acres.

(5)

Commercial lots adjacent to residential districts: All commercial uses in all commercial districts which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of thirty-five (35) feet in the side or rear yard adjacent to the residential district. The outermost portion of the thirty-five-foot setback bordering the parcel and adjacent to the residential district shall consist of a five-foot landscaped separation strip. The commercial use located on such lot shall be permanently screened from the adjoining and contiguous residential properties by a wall, evergreen hedge and/or other approved enclosures. Such screening shall be located within the required separation strip and shall have a minimum height of five (5) feet and maximum height of eight (8) feet.

(6)

Commercial water body setbacks in the CM-1 and CM-2 Districts: Where any of the above (front, side, rear) setbacks in a CM-1 and CM-2 District are adjacent to a navigable water body, the setback may be reduced to twenty-five (25) feet.

(7)

Communication tower setbacks in the C-4 District: A monopole tower shall meet the setbacks of the C-4 District. In no case shall a monopole tower one hundred (100) feet in height or greater be located within one hundred twenty-five (125) percent 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 one hundred (100) feet in height be located within one hundred (100) percent of their height to any residentially zoned property unless such property is used or designated for a nonresidential use.

(8)

Maximum building height: In the C-1, C-2, and C-4 Districts the maximum building height is sixty (60) feet. In the OP and A-C, CM-1, and CM-2 Commercial District, the maximum building height is forty-five (45) feet. In C-3 Commercial Districts, the maximum building height is thirty-five (35) feet. The maximum building height permitted, except within the C-3 Commercial District, may be increased, provided one additional foot is added to each of the required yards for each additional foot of building height constructed over the maximum building height permitted. In such cases, the minimum side yard requirement shall be thirty-five (35) feet plus one additional foot for each additional foot of building height permitted.

E.

Residential Protection Standards in all commercial districts:

(1)

There shall be no speakers or other sound equipment located within 100 feet of any single family residential district property line.

(2)

There shall be no buildings containing alcoholic beverage dispensation establishments, convenience stores, or automotive and truck repair establishments located within 100 feet of any single family residential district property line.

(3)

No commercial activities which include customer entrances, drive-up windows, ordering boxes, or loading/unloading areas shall be allowed to operate between the hours of 12 midnight and 7:00 a.m. within 100 feet of any single family residential district property line.

(4)

No building within 100 feet of any single family district residential district property line shall be more than 20 feet in height.

(5)

All loading bays and loading docks must be a minimum of 100' from any residential district property line. Additionally, all loading bays and loading docks must be screened from view from the public right-of-way or single family residential district property line. Screening may include landscape plantings, berms, fences or walls.

(6)

Air conditioning and/or other operational equipment must be oriented away from single family residentially zoned property, or screened to minimize noise impacts and reduce visual incompatibility to the single family residentially zoned property. Screening may include landscape plantings, berms, fences or walls.

(Ord. of 12-4-72, § IV(b)(1), (3)—(5); Ord. No. 74-8, §§ 2—5, 10-15-74; Ord. No. 76-2, §§ 15, 16, 2-17-76; Ord. No. 84-6, §§ 2, 3, 3-27-84; Ord. No. 84-14, §§ II—IV, 8-21-84; Ord. No. 86-18, § 5, 8-5-86; Ord. No. 87-12, § 2, 3-31-87; Ord. No. 87-26, §§ 2—6, 10-20-87; Ord. No. 87-28, §§ 1, 2, 12-8-87; Ord. No. 88-21, § 1, 5-25-88; Ord. No. 88-27, § 2, 8-10-88; Ord. No. 89-5, §§ 1, 2, 4-11-89; Ord. No. 89-16, § 2; 8-15-89; Ord. No. 96-08, §§ 16, 17 5-7-96; Ord. No. 96-19, § 12, 9-10-96; Ord. No. 97-08, §§ 5, 6, 5-20-97; Ord. No. 98-17, §§ 7, 8, 6-23-98; Ord. No. 98-18, §§ 4, 5, 6-23-98; Ord. No. 99-19, §§ 3, 4, 8-10-99; Ord. No. 2000-04, §§ 10, 11, 4-4-00; Ord. No. 2000-05, §§ 2, 3, 4-4-00; Ord. No. 2001-06, §§ 9, 10, 5-8-01; Ord. No. 2001-24, §§ 6—9, 12-18-01; Ord. No. 2002-12, § 3, 7-23-02; Ord. No. 2003-02, § 6, 2-11-03; Ord. No. 2003-08, § 1, 4-22-03; Ord. No. 2004-03, §§ 14—18, 2-24-04; Ord. No. 2004-11, § 9, 8-3-04; Ord. No. 2008-05, §§ XIII, XV, 2-26-08; Ord. No. 2016-12, §§ II, III, 7-27-16; Ord. No. 2019-3, § II, 10-8-19; Ord. No. 2021-19, § 1, 9-28-21)

Footnotes:
--- (3) ---

Note— Fencing shall be six (6) feet in height. Where fencing is not opaque, screening shall consist of a three-foot hedge along streets abutting the property. Tree plantings (one per fifty (50) feet) shall be provided on property lines adjacent to commercially zoned property and a six-foot hedge along the property lines along residentially zoned property unless adjacent to a water body. Where fencing is opaque, one tree per fifty (50) feet shall be provided along property lines to provide screening. Marinas, including expansions or additions to existing marinas, located on waterways shall be constructed with seawalls meeting county standards.


--- (4) ---

Note— Fencing shall be six (6) feet in height. Where fencing is not opaque, screening shall consist of a three-foot hedge along streets abutting the property. Tree plantings (one per fifty (50) feet) shall be provided on property lines adjacent to commercially zoned property and a six-foot hedge along the property lines along residentially zoned property unless adjacent to a water body. Where fencing is opaque, one tree per fifty (50) feet shall be provided along property lines to provide screening. Marinas, including expansions or additions to existing marinas, located on waterways shall be constructed with seawalls meeting county standards.


Section 4. - Industrial districts.

The following regulations shall apply in industrial districts as indicated:

(1)

Permitted uses in I-1 Light Industrial District: Permitted uses in the I-1 Light Industrial District shall be as follows:

(a)

Light manufacturing

(b)

Light wholesale and storage establishments

(c)

Light outdoor advertising service establishments

(d)

Light research, development and testing laboratories

(e)

Light motor freight transportation establishments

(f)

Aircraft parts establishments

(g)

Automobile and truck repair establishments

(h)

Welding shops

(i)

Cabinet shops

(j)

Automobile service establishments

(k)

Domestic rental services

(l)

Miniwarehouses

(m)

Publishing and printing service establishments

(n)

Monopole Towers 150 feet or less in height

(o)

Recycling Collection Facility

(p)

Domestic and business service establishments

(q)

Construction service establishments

(r)

Business, professional, governmental and nonprofit organization offices

(s)

Business training schools

(t)

Publicly owned or operated building

(2)

Permitted uses in I-2 Heavy Industrial District: Permitted uses in the I-2 Heavy Industrial district shall be as follows:

(a)

Any use permitted in the I-1 Industrial District.

(b)

Heavy research, development and testing laboratories.

(c)

Heavy motor freight transportation establishments.

(d)

Heavy building material establishments.

(e)

Heavy construction service establishments.

(f)

Heavy landscaping service establishments.

(g)

Aircraft establishments.

(3)

Permitted accessory structures and uses: In all industrial districts the following are permitted accessory structures and uses:

(a)

Signs identifying the name and type of activity conducted on the same premises.

(b)

Garage or other buildings not used as a dwelling and accessory to the principal use.

(c)

Restaurants, cafeteria, or recreational facilities for employees, and other customary accessory uses for industrial uses.

(d)

Accessory uses customarily incidental to the principal uses permitted.

(4)

Special exception uses: In all industrial districts the following are special exception uses:

(a)

Heavy manufacturing.

(b)

Heavy wholesale and storage establishments.

(c)

Heavy outdoor advertising service establishments.

(d)

Heavy heating fuel and ice establishments.

(e)

Laundry and dry cleaning plants.

(f)

Dwelling unit for caretaker or watchman employed on the premises.

(g)

Dwelling unit occupying the same building in which is conducted the principal use of the premises on which it is situated.

(5)

Dimensions and area regulations: The following dimension and area regulations shall apply in all industrial districts:

(a)

The front yard requirement along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, and C.R. 485 shall be one hundred twenty-five (125) feet.

(b)

Along all other functionally classified roads not included in (a) above as identified on the Existing Functional Classification Map developed by Hernando County, the front setback shall be seventy-five (75) feet.

(c)

Along all roadways not identified on the Existing Functional Classification Map, the minimum front yard requirement is thirty-five (35) feet.

(d)

Minimum side yard requirement: The minimum side yard requirement for industrial districts is twenty (20) feet.

(e)

Minimum rear yard requirement: The minimum rear yard requirement for industrial districts is thirty-five (35) feet. The board may, upon request by an applicant, reduce the required rear yard where such rear yards would be adjacent to railroad sidings if such reduction would not be detrimental to surrounding areas.

(f)

Industrial lots adjacent to residential districts: All industrial uses in all industrial districts which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of thirty-five (35) feet in the side or rear yard adjacent to the residential district. The outer portion of the required thirty-five-foot setback bordering the parcel and adjacent to the residential district shall consist of a five-foot landscaped separation strip. The nonresidential use located on such lot shall be permanently screened from the adjoining and contiguous residential properties by a wall, fence, evergreen, hedge and/or other approved enclosures. Such screening shall have a minimum height of five (5) feet and a maximum height of eight (8) feet.

(g)

Maximum building height: The maximum building height in industrial districts is forty-five (45) feet and/or three (3) stories. The maximum building height permitted may be increased provided one additional foot is added to each of the required yards for each additional foot of building height constructed over the maximum building height permitted. In such cases the minimum side yard requirement shall be thirty-five (35) feet plus one additional foot for each additional foot of building height constructed over the maximum building height permitted.

(h)

Communication tower: A monopole tower shall meet the setbacks of the Industrial District. In no case shall a monopole tower one hundred (100) feet in height or greater be located within one hundred twenty-five (125) percent 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 one hundred (100) feet in height be located within one hundred (100) percent of their height to any residentially zoned property unless such property is used or designated for a nonresidential use.

The Existing Functional Classification Map developed by Hernando County is hereby adopted by reference and made part of this section. The official Existing Functional Classification Map shall be placed on file at the Hernando County Planning Department. The Existing Functional Classification Map may be modified by board resolution at any time upon notice of an advertised public hearing.

(6)

Standards for outdoor storage: Outdoor storage is allowable as an accessory use to permitted uses within the I-1 zoning category subject to the following standards:

Screened outdoor storage shall be permitted within the I-1 zoning classification behind the building line as an accessory use to a permitted use. Screening shall be required from adjoining and contiguous properties by a wall, fence or other approved enclosures. Screening shall meet an eighty (80) percent opacity standard. Such screening shall be located behind the building line and shall have a minimum height of five (5) feet and maximum of eight (8) feet

(7)

Residential Protection Standards in all industrial districts:

(a)

There shall be no speakers or other sound equipment located within 100 feet of any single family residential district property line.

(b)

There shall be no buildings containing alcoholic beverage dispensation establishments, convenience stores, or automotive and truck repair establishments located within 100 feet of any single family residential district property line.

(c)

No commercial activities which include customer entrances, drive-up windows, ordering boxes, or loading/unloading areas, shall be allowed to operate between the hours of 12 midnight and 7:00 a.m. within 100 feet of any single family residential district property line.

(d)

No building within 100 feet of any single family residential district property line shall be more than 20 feet in height.

(e)

All loading bays and loading docks must be a minimum of 100' from any single family residential district property line. Additionally, all loading bays and loading docks must be screened from view from the public right-of-way or single family residential district property line. Screening may include landscape plantings, berms, fences or walls.

(f)

Air conditioning and/or other operational equipment must be oriented away from single family residentially zoned property, or screened to minimize noise impacts and reduce visual incompatibility to the single family residentially zoned property. Screening may include landscape plantings, berms, fences or walls.

(Ord. of 12-4-72, §§ IV(b)(1), (3)—(5), IV(c)(1); Ord. No. 74-8, §§ 2—5, 10-15-74; Ord. No. 76-2, §§ 15, 16, 2-17-76; Ord. No. 84-6, §§ 2, 3, 3-27-84; Ord. No. 87-12, § 3, 3-31-87; Ord. No. 96-08, § 18, 5-7-96; Ord. No. 96-19, § 13, 9-10-96; Ord. No. 97-08, §§ 7, 8, 5-20-97; Ord. No. 98-18, §§ 6, 7, 6-23-98; Ord. No. 99-02, § 3, 2-2-99; Ord. No. 2000-05, § 4, 4-4-00; Ord. No. 2001-06, § 11, 5-8-01; Ord. No. 2001-24, § 10, 12-18-01; Ord. No. 2003-02, § 7, 2-11-03; Ord. No. 2004-03, § 19, 2-24-04; Ord. No. 2004-11, § 10, 8-3-04; Ord. No. 2008-05, § XVI, 2-26-08; Ord. No. 2016-17, § IV, 11-8-16)

Section 5. - Planned development districts.

The following regulations shall apply to all planned development districts:

A.

Planned Development Districts are as follows:

1.

PDP (Single-Family).

2.

PDP (Multifamily).

3.

PDP (Multifamily-2).

4.

PDP (Mobile Home).

5.

PDP (Rural).

6.

PDP (Resort Residential).

7.

PDP (General Commercial).

8.

PDP (General Highway Commercial).

9.

PDP (Highway Commercial).

10.

PDP (Neighborhood Commercial).

11.

PDP (Heavy Highway Commercial).

12.

PDP (Industrial).

13.

PDP (Light Industrial).

14.

PDP (Heavy Industrial).

15.

PDP (Office/Professional).

16.

PDP (Recreational).

17.

PDP (Public Service Facility Overlay District).

18.

PDP (Special Use).

19.

C/PDP (Combined).

20.

PDP (Corporate Park).

21.

PDP (Aviation Facilities).

22.

PDP (Commercial Marine).

B.

Dimensions and area regulations; plan and narrative standards: Dimensions and area regulations and plan and narrative standards shall be as provided for in Appendix A, Article VIII of this Code.

C.

Mapping designations: The following district designations will be used for mapping purposes:

Zoning Designation Mapping Designation
1. PDP (Single-Family) PDP (SF)
2. PDP (Multifamily) PDP (MF)
3. PDP (Multifamily-2) PDP (MF2)
4. PDP (Mobile Home) PDP (MH)
5. PDP (Rural) PDP (RUR)
6. PDP (Resort Residential) PDP (RR)
7. PDP (General Highway Commercial) PDP (GHC)
8. PDP (General Commercial) PDP (GC)
9. PDP (Highway Commercial) PDP (HC)
10. PDP (Neighborhood Commercial) PDP (NC)
11. PDP (Heavy Highway Commercial) PDP (HHC)
12. PDP (Industrial) PDP (IND)
13. PDP (Light Industrial) PDP (LI)
14. PDP (Heavy Industrial) PDP (HID)
15. PDP (Office/Professional) PDP (OP)
16. PDP (Recreational) PDP (REC)
17. PDP (Public Service Facility Overlay District) PDP (PSF)
18. PDP (Special Use) PDP (SU)
19. PDP (Combined) CPDP
20. PDP (Corporate Park) PDP (CP)
21. PDP (Aviation Facilities) PDP (AF)
22. PDP (Commercial Marine) PDP (CM)

 

(Ord. No. 88-27, § 3, 8-10-88; Ord. No. 89-10, § 1, 6-20-89; Ord. No. 98-24, § 4, 8-25-98; Ord. No. 99-14, § 14, 7-6-99; Ord. No. 2001-24, § 11, 12-18-01; Ord. No. 2002-15, § 8, 8-6-02; Ord. No. 2010-1, § II, 1-26-10)

Section 6. - Rural districts.

A.

Agricultural District:

(1)

Permitted Uses: The following permitted uses shall apply in the agricultural district:

(a)

Animal specialty establishment;

(b)

Farming and farming service establishments;

(c)

Fisheries;

(d)

Forestry and forestry service establishments;

(e)

Horticultural specialty farms;

(f)

Hunting, trapping and game propagation;

(g)

Landscaping service establishment;

(h)

Single-family dwelling;

(i)

Mobile Home, provided that such mobile home meets all of the regulations, requirements and provisions of this ordinance for minimum living area within the zoning district;

(j)

Land Application of Domestic Septage, provided that such operation meets all of the special regulations, requirements and provisions of this ordinance for operation and siting and applicable Florida Statutes, Administrative Rules, and provisions of the Hernando County Code of Ordinances;

(k)

Wildlife management activities;

(l)

Resource-oriented recreational activities;

(m)

Aquaculture.

(2)

Permitted accessory structures and uses: The following permitted accessory structures and uses apply to all agricultural districts:

(a)

Agriculture buildings or structures accessory to the principal permitted use of the premises;

(b)

Single-family dwellings to house the owner or operator, his family, or hired workers who work on a bona fide agricultural operation, which are accessory to the principal permitted use of the premises;

(c)

Carport, garage or other buildings not used as a dwelling and customarily incidental to the principal permitted use of the premises;

(d)

Accessory uses customarily incidental to the principal permitted use of the premises;

(e)

Signs identifying the name and type of permitted agricultural activity conducted on the same premises;

(f)

Portable storage structures are allowable in conjunction with the permitted use provided they are not visible from the street. If the portable storage structures are placed adjacent to a residentially zoned property, the portable storage structure must be shielded from view;

(g)

Sales on the premises of permitted agricultural products and services produced on the premises: provided that where such products or services are sold from roadside stand, such stand shall be set back a safe distance from any public street right-of-way and shall be provided with automobile access and off-street parking space in such a manner so as to not create an undue traffic hazard on the street on which such roadside stand is located.

(3)

Special Exception Uses: In the agricultural district the following are special exception uses that may be approved and may be subject to other ordinance provisions:

(a)

Off-road vehicle tracks constructed for recreational use.

(b)

Paint Ball ranges.

(c)

Resource-oriented recreational activities where items are rented or transported and used on the premises.

(d)

Commercial fishing ponds.

(e)

Home occupations.

(f)

Dude ranches

(g)

Commercial riding stables.

(h)

Private Airstrips.

(i)

Hunting camps.

(j)

Fishing camps.

(k)

Government research and associated educational facilities.

(l)

Bed and breakfast establishments.

(m)

Horse Shows

(n)

Rodeos

(o)

Livestock auctions.

(p)

Exotic Animal Specialty Farms

(q)

Wineries and Distilleries

(r)

Petting Zoos

(4)

Conditional uses: In addition to those conditional uses permitted in all zoning districts of this ordinance, the following conditional use shall be permitted in the agricultural district:

(a)

Excavation on forty (40) acres of land or less.

(b)

Retail sales of permitted agricultural products not produced on the premises: provided that where such products or services are sold from roadside stand, such stand shall be set back from any public street right-of-way at least seventy-five (75) feet and shall be provided with automobile access and off-street parking space in such a manner so as to not create an undue traffic hazard on the street on which such roadside stand is located.

(5)

Special regulations:

(a)

No odor- or dust-producing substance or use, except in connection with cultivation of permitted uses, shall be permitted within one hundred (100) feet of the property line of an adjoining parcel containing a residence or the property line of a residentially zoned parcel.

(b)

No products shall be publicly displayed nor offered for sale from the roadside unless produced on the premises or a conditional use permit is obtained from the administrative official.

(c)

Horse shows:

1.

Shall be limited to two (2) events per thirty (30) days.

2.

May operate between the hours of 8:00 a.m. and 10:00 p.m. only on Friday, Saturday and Sunday.

3.

Shall maintain a minimum setback of one hundred (100) feet from all adjacent property lines.

4.

All lighting shall be shielded from adjacent properties and shall be aimed downward towards to the property on which the special exception was granted.

5.

Shall provide adequate seating capacity and adequate parking capacity for the expected number of guests and participants.

6.

Shall be on a minimum of ten (10) acres of land.

7.

Any special exception application may be approved for up to five (5) years.

(d)

Rodeos:

1.

Shall be limited to two (2) events per thirty (30) days.

2.

May operate between the hours of 8:00 a.m. and 10:00 p.m. only on Friday, Saturday and Sunday.

3.

Shall maintain a minimum setback of one hundred (100) feet from all adjacent property lines.

4.

All lighting shall be shielded from adjacent properties and shall be aimed downward towards to the property on which the special exception was granted.

5.

Shall provide adequate seating capacity and adequate parking capacity for the expected number of guests and participants.

6.

Shall be on a minimum of ten (10) acres of land.

7.

Any special exception application may be approved for up to five (5) years.

(e)

Live stock auctions:

1.

Shall be limited to two (2) events per thirty (30) days.

2.

May operate between the hours of 8:00 a.m. and 10:00 p.m. only on Friday and Saturday and between the hours of 8:00 a.m. and 6:00 p.m. on Sunday.

3.

Shall provide adequate seating capacity and adequate parking capacity for the expected number of guests and participants.

4.

Shall be on a minimum of ten (10) acres of land.

5.

Shall have a minimum setback of one hundred (100) feet from adjacent properties.

6.

Shall be limited to ten thousand (10,000) square feet of pen and buildings.

(f)

Land Application Domestic Septage:

1.

Each site shall be a minimum of forty (40) acres and be entirely in the Agricultural Zoning District.

2.

The underlying Hernando County Future Land Use Designation for the entire Agricultural zoned site shall be Rural.

3.

A minimum 200-foot buffer zone will be maintained from the property lines of all adjoining property owners.

4.

Each site shall be secured so as to effectively restrict access to all, except for the Owner, Owner's representatives and permitted haulers.

5.

At access points and every one hundred (100) yards along the perimeter signs shall be posted conspicuously, indicating that the lands used for septage/sludge disposal.

6.

This special regulation shall not apply to bona fide land application of domestic septage sites permitted by the Florida Department of Health prior to October 1, 2013.

(6)

Special provisions: Parcels existing prior to January 1, 1990, may be used as follows:

i.

The subdivision of a minimum five-acre parcel into a maximum of two (2) parcels each having a minimum lot size of two and one-half (2½) acres (including rights-of-way and access tracts) will be allowed, provided the county development and subdivision regulations are met.

ii.

The subdivision of a minimum 7½-acre parcel into a maximum of three (3) parcels each having a minimum lot size of two and one-half (2½) acres (including rights-of-way and access tracts) will be allowed, provided the county development and subdivision regulations are met.

iii.

The subdivision of a minimum ten-acre parcel into a maximum of four (4) parcels each having a minimum lot size of two and one-half (2½) acres (including rights-of-way and access tracts) will be allowed, provided the county development and subdivision regulations are met.

iv.

The subdivision of a minimum twenty-acre parcel into a maximum of five (5) parcels each having a minimum lot size of two and one-half (2½) acres (including rights-of-way and access tracts) will be allowed, provided the county development and subdivision regulations are met.

v.

The subdivision of a minimum thirty-acre parcel into a maximum of six (6) parcels each having a minimum lot size of two and one-half (2½) acres (including rights-of-way and access tracts) will be allowed, provided the county development and subdivision regulations are met. No more than four (4) 2½-acre parcels may be created from the forty-acre parcel.

vi.

The subdivision of a forty-acre parcel into a maximum of seven (7) parcels each having a minimum lot size of two and one-half (2½) acres (including rights-of-way and access tracts) will be allowed, provided the county development and subdivision regulations are met. No more than four (4) 2½-acre parcels may be created from the forty-acre parcel.

(7)

Dimension and area regulations: Unless otherwise approved under the special provisions section of the Agricultural District, the dimension and area regulations for lots and structures are as follows:

(a)

Lot area:

i.

Lot area: The minimum lot area for a parcel created after January 1, 1990, shall be ten (10) acres (including rights-of-way and access tracts).

(b)

Single-family dwelling not accessory to the principal agricultural use of the premises:

i.

Building height: The maximum building height shall not exceed forty-five (45) feet.

ii.

Lot widths: The minimum lot width of the building line shall be one hundred fifty (150) feet.

iii.

Front yard: The minimum front yard requirement in the agricultural districts shall be seventy-five (75) feet. Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirement shall be one hundred twenty-five (125) feet.

iv.

Side yard: The minimum side yard requirement shall be thirty-five (35) feet.

v.

Rear yard: The minimum rear yard requirement shall be fifty (50) feet.

vi.

Lot frontage: All lots shall front on a street for a minimum distance of one hundred (100) feet except on dead-end streets, where frontage shall be a minimum of fifty (50) feet.

vii.

Lots on curves: Lots on curves shall have a minimum street frontage of fifty (50) feet.

viii.

Minimum living area: The minimum living area of a dwelling shall be six hundred (600) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit, exclusive of carports, breezeways, unenclosed porches or terraces. In accordance with the provisions of this subsection, the minimum living or floor area of a mobile home will be six hundred (600) square feet, exclusive of all attachments, and no mobile home shall be permitted to be attached or detached in a manner that would be inconsistent with the original manufacturer's design standards. No mobile home shall have a length or width dimension less than twelve (12) feet, not including popouts and attachments. All mobile homes must be skirted within thirty (30) days from the issuance of the certificate of occupancy. The skirting shall constitute a visual screen of new material, or material in acceptable condition, consisting of aluminum, pressure-treated wood, masonry, or other acceptable material normally used for mobile home skirting and be placed around the entire perimeter of the mobile home and extending from the base of the mobile [home] to the ground.

Applicants applying for a building permit to place a used mobile home shall either provide proof of a current and valid inspection by the Department of Motor Vehicles or be inspected by the Hernando County Development Department prior to the issuance of a building permit to set the mobile home. The inspection will be in areas of fire safety, electrical, plumbing, mechanical and overall construction of the mobile home.

If the inspection of the mobile home determines that the unit is not repairable, no building permit shall be issued.

No applicant applying to place a mobile home shall perform any repair work or commence setup of the mobile home until a building permit has been secured.

Any deficiencies noted in the inspection report shall be corrected prior to the issuance of a certificate of occupancy.

Standards for used mobile home inspections will be adopted by resolution of the Hernando County Board of County Commissioners and will be consistent with state standards regulating used mobile homes.

(c)

Single-family dwellings accessory to the principal permitted agricultural use of the premises:

i.

Building height: The maximum building height shall not exceed forty-five (45) feet.

ii.

Building setback: The minimum front yard requirement shall be seventy-five (75) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirement shall be one hundred twenty-five (125) feet.

(d)

Accessory buildings and structures directly or indirectly associated with the principal permitted agricultural use of the premises:

i.

Building height: The maximum building height shall not exceed forty-five (45) feet.

ii.

Building setback: The minimum front yard requirement shall be seventy-five (75) feet.

All other yards shall be a minimum of thirty-five (35) feet. Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirement shall be one hundred twenty-five (125) feet.

iii.

Location: All accessory buildings shall be located no closer to the front property line than the front yard requirement for the district. If a single-family dwelling is on or will be on the premises, the accessory building shall be no nearer than fifteen (15) feet to such dwelling.

iv.

Detached accessory structures which have impervious roof coverings shall meet the minimum yard requirement for accessory buildings in the district.

v.

Accessory buildings or structures five (5) feet or less in height, and smaller than forty (40) square feet in size shall not be required to obtain a zoning permit. Such buildings or structures must meet the minimum yard requirements for accessory buildings in the district.

vi.

There are no minimum yard standards for wellhouses as defined in this ordinance.

B.

Country 2.5 District: The following regulations apply to the Country 2.5 Acre District, as indicated:

(1)

Permitted uses: The following permitted uses shall apply in the Country 2.5 District:

(a)

Single-family dwelling.

(b)

Grazing livestock at the rate of one mature animal and offspring less than one year of age per acre.

(c)

Poultry and swine for home consumption maintained at least seventy-five (75) feet from adjacent property.

(d)

Horticultural specialty farms.

(e)

Animal specialty farms, excluding horses.

(f)

Accessory structures related to the principal use of the land.

(g)

Mobile home, provided that such mobile home meets all of the regulations, requirements and provisions of this ordinance for minimum living area.

(h)

Resource-oriented recreational activities.

(i)

Wildlife management activities.

(j)

Landscaping service establishments.

(2)

Special exception uses: In the Country 2.5 District [the following uses are permitted by special exception]:

(a)

Retail sales on the premises of permitted agricultural products and services produced on the premises; provided that where such products or services are sold from a roadside stand, such stand shall be set back from any public street right-of-way at least seventy-five (75) feet and shall be provided with automobile access and off-street parking space in such a manner so as to not create an undue traffic hazard on the street on which such roadside stand is located.

(b)

Home occupations.

(c)

Bed and breakfast establishments.

(3)

Special regulations:

(a)

No odor- or dust-producing substance nor use, except in connection with cultivation of permitted uses, shall be permitted within seventy-five (75) feet of the property line of an adjoining parcel containing a residence or the property line of a residentially zoned parcel.

(b)

No products shall be publicly displayed nor offered for sale from the roadside unless approved as a special exception use.

(4)

Dimension and area regulations:

(a)

Lot area: The minimum lot area shall be two and one-half (2½) acres (including rights-of-way and access tracts).

(b)

Single-family dwelling not accessory to the principal use of the premises:

i.

Building height: The maximum building height shall not exceed forty-five (45) feet.

ii.

Lot widths: The minimum lot width at the building line shall be one hundred fifty (150) feet. Lots on curves shall have a minimum street frontage of fifty (50) feet.

iii.

Front yard: The minimum front yard requirement in the Country 2.5 District shall be seventy-five (75) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50, front yard requirement shall be one hundred and twenty-five (125) feet.

iv.

Side yard: The minimum side yard requirement shall be thirty-five (35) feet.

v.

Rear yard: The minimum rear yard requirement shall be fifty (50) feet.

vi.

Lot area: The minimum lot area shall be two and one-half (2½) acres including rights-of-ways and access tracts.

vii.

Lot frontage: All lots shall front on a street for a minimum distance of one hundred (100) feet, except that lots which front on the turnarounds of permanent dead-end streets shall be permitted to front on such turnarounds for a minimum distance of fifty (50) feet.

viii.

Minimum living area: The minimum living area of a dwelling shall be six hundred (600) square feet. For the purpose of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches or terraces. In accordance with the provisions of this subsection, the minimum living area or floor area of a mobile home will be six hundred (600) square feet, exclusive of all attachments, and no mobile home shall be permitted to be attached or detached in a manner that would be inconsistent with the original manufacturer's design standards. No mobile home shall have a length or width dimension less than twelve (12) feet, not including popouts and attachments. All mobile homes must be skirted within thirty (30) days from the issuance of the certificate of occupancy. The skirting shall constitute a visual screen of new material or material in acceptable condition, consisting of aluminum, pressure-treated wood, masonry, or other acceptable material normally used for mobile home skirting and be placed around the entire perimeter of the mobile home and extending from the base of the mobile home to the ground.

Applicants applying for a building permit to place a used mobile home shall either provide proof of a current and valid inspection by the Department of Motor Vehicles or be inspected by the Hernando County Development Department prior to the issuance of a building permit to set the mobile home. The inspection will be conducted by the building division and is designed to protect the public health, safety and welfare. The inspection will be conducted in areas of fire safety, electrical, plumbing, mechanical and overall construction of the mobile home.

If the inspection of the mobile home determines that the unit is not repairable, no building permit shall be issued.

No applicant applying to place a mobile home shall perform any repair work or commence set up of the mobile home until a building permit has been secured.

Any deficiencies noted in the inspection report shall be corrected prior to the issuance of a certificate of occupancy.

Standards for used mobile home inspections will be adopted by resolution of the Hernando County Board of County Commissioners and will be consistent with State standards regulating used mobile homes.

(5)

Accessory buildings and structures:

i.

Building height: The maximum building height shall not exceed forty-five (45) feet.

ii.

Building setback: The minimum front yard requirement shall be seventy-five (75) feet.

All other yards shall be a minimum of thirty-five (35) feet. Along U.S. 19, S.R. 50, U.S. 41, U.S. 98. U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirement shall be one hundred twenty-five (125) feet.

iii.

Location: All accessory buildings shall be located no closer to the front property line than the front yard requirement for the district. If a single family dwelling is on or will be on the premises, the accessory building shall be no nearer than fifteen (15) feet to such dwelling.

iv.

Detached accessory structures which have impervious roof coverings shall meet the minimum yard requirements for accessory buildings in the district.

v.

Accessory buildings or structures 5' or less in height, and smaller than 40 square feet in size shall not be required to obtain a zoning permit. Such buildings or structures must meet the minimum yard requirements for accessory buildings in the district.

vi.

There are no minimum yard standards for wellhouses as defined in this ordinance.

vii.

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

C.

Reserved.

(Ord. of 12-14-72, § IV(d)(1); Ord. No. 74-8, §§ 6—8, 10-15-74; Ord. No. 76-2, §§ 17, 18, 2-17-76; Ord. No. 81-1, § 1, 4-28-81; Ord. No. 84-6, §§ 4—7, 3-27-84; Ord. No. 85-4, § 2, 2-19-85; Ord. No. 85-19, §§ 3, 4, 8-20-85; Ord. No. 86-18, § 4, 8-5-86; Ord. No. 87-12, §§ 4—7, 3-31-87; Ord. No. 88-3, § 1, 1-19-88; Ord. No. 88-26, § 1, 8-10-88; Ord. No. 91-25, § 1, 7-17-91; Ord. No. 92-05, §§ 4, 5, 5-14-92; Ord. No. 92-15, § 2, 11-10-92; Ord. No. 93-15, § 3, 6-29-93; Ord. No. 93-30, § 6, 12-21-93; Ord. No. 96-08, §§ 19—21, 5-9-96; Ord. No. 96-19, §§ 14—16, 9-10-96; Ord. No. 98-01, §§ 3—5, 1-27-98; Ord. No. 98-25, § 3, 10-13-98; Ord. No. 99-02, § 4, 2-2-99; Ord. No. 99-14, §§ 12, 13, 7-6-99; Ord. No. 2000-05, § 5, 4-4-00; Ord. No. 2003-02, § 8, 9, 2-11-03; Ord. No. 2004-11, § 14, 8-3-04; Ord. No. 2008-05, § XVII, 2-26-08; Ord. No. 2013-37, § III, 12-10-13)

Section 7. - M Mining District.

A.

Permitted uses:

(1)

Mining.

(2)

Animal specialty farms.

(3)

Farming.

(4)

Fisheries.

(5)

Forestry.

(6)

Horticultural specialty farms.

(7)

Hunting, trapping and game propagation.

B.

Permitted accessory structures and uses:

(1)

Agriculture buildings and structures, including a residence, which are accessory to the principal permitted agricultural use of the premises.

(2)

Accessory uses customarily incidental to the principal permitted use of the premises.

(3)

Single-family dwellings for the purposes of a caretaker.

(4)

Signs identifying the name and type of permitted principle use of the property.

C.

Special exception uses:

(1)

Light research, development and testing establishments normally associated with mining activities.

D.

Conditional uses: In addition to those conditional uses permitted in all zoning districts of this ordinance, the following conditional use shall be permitted in the mining district:

(1)

Excavation on forty (40) acres of land or less.

E.

Dimension and area regulations:

(1)

The minimum yard requirement for buildings for all yards in the Mining District shall be seventy-five (75) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50, front yard requirements shall be one hundred twenty-five (125) feet.

(2)

The maximum building height in mining districts is forty-five (45) feet and/or three (3) stories. The maximum building height permitted may be increased provided one additional foot is added to each required setback for each additional foot of building height over forty-five (45) feet.

(3)

The minimum development standards for mining operations shall be in accordance with the performance standards contained in the "Hernando County Mining Ordinance of 1993."

(4)

Required land area:

(a)

No mining district shall be created on less than twenty (20) acres or eight hundred seventy-one thousand two hundred (871,200) square feet. However, when a mining zoning district has been established, parcels smaller than twenty (20) acres may be added to the district by means of zoning amendment petition pursuant to article VI of this ordinance.

(Ord. No. 75-2, § 1, 4-22-75; Ord. No. 84-6, § 8, 3-27-84; Ord. No. 87-12, § 8, 3-31-87; Ord. No. 93-15, § 4, 6-29-93; Ord. No. 93-30, § 7, 12-21-93)

Section 8. - R-C Recreation-Commercial District.

This district is designed to permit the development of recreation vehicle/travel trailer parks.

A.

Permitted uses:

(1)

Travel trailer parks having occupancy not to exceed one hundred eighty (180) days with no permanent units;

(2)

Recreational campgrounds having occupancy not to exceed one hundred eighty (180) days with no permanent units;

B.

Permitted accessory structures and uses:

(1)

No accessory structure attached or detached shall be permitted except the following:

(a)

Clubhouses, i.e., recreational halls, designated outdoor recreational activities;

(b)

Laundry facilities, as constructed for the primary purpose of serving the park residences only;

(c)

Permanent living unit for resident manager with garage or storage facility for the operational use only;

(d)

Designated storage parking areas.

C.

Special exception uses:

(1)

Dispensation of fuel for the principal use of the park residents only;

(2)

Retail groceries for the principal use of the park residents only.

D.

Dimension and area regulations. Dimension and area regulations for lots and structures in recreational commercial districts are as follows:

(1)

Minimum development area: Ten (10) acres;

(2)

Minimum lot width of the building line: Forty (40) feet;

(3)

Minimum lot depth of the building line: Seventy (70) feet;

(4)

Total lot area: Two thousand eight hundred (2,800) square feet;

(5)

Setbacks (all structures):

(a)

Front yard—Twenty (20) feet;

(b)

Rear yard—Fifteen (15) feet;

(c)

Side yard—Eight (8) feet.

(6)

Density: Not to exceed eleven (11) units per gross acre.

E.

Special regulations:

(1)

All R-C districts shall have a boundary landscape buffer of twenty-five (25) feet (where applicable to be left in its natural state).

(2)

All streets shall meet minimum design standard pursuant to Hernando County construction standards for local streets.

(3)

Minimum setbacks for R-C District development along designated major arterials shall be one hundred twenty-five (125) feet. Along all other designated roadways, the minimum setback shall be seventy-five (75) feet.

(Ord. No. 87-8, § 5, 3-8-87; Ord. No. 93-30, § 7, 12-21-93)

Section 9. - R-1-MH Residential Single-Family Manufactured Housing.

This district is designed to permit development of low-density, modular-manufactured housing units.

A.

Permitted uses:

(1)

Park model trailers not to exceed five hundred (500) square feet of living area on a single chassis.

(2)

Modular-manufactured housing units having a maximum living area not to exceed six hundred (600) square feet and that is titled pursuant to chapter 320 of the Florida Statutes.

B.

Permitted accessory structures and uses:

(1)

Accessory uses customarily incidental to the principle permitted use of the property.

(2)

Garages, storage buildings, carports, glassrooms and screen rooms when constructed in conjunction with and attached to the principle permitted structure.

C.

Special exception uses:

(1)

Modular-manufactured duplexes.

D.

Dimensions and area regulations:

(1)

Minimum development area: Twenty (20) acres;

(2)

Minimum lot size: Five thousand (5,000) square feet;

(3)

Minimum lot width: Fifty (50) feet;

(4)

Minimum lot depth: One hundred (100) feet;

(5)

Setbacks (all structures):

(a)

Front yard—Twenty-five (25) feet;

(b)

Rear yard—Fifteen (15) feet;

(c)

Side yard—Ten (10) feet.

(6)

Density: Eight and seven-tenths (8.7) units per gross acre.

(7)

Maximum living area: The maximum living area shall not exceed six hundred (600) square feet on a single unit chassis. No unit less than twelve (12) feet in body width on its single chassis shall be permitted.

Any unit exceeding the above-described requirements shall be deemed to be prohibited in this district; however, may be permitted in other mobile home districts.

E.

Special regulations:

(1)

All R-1-MH districts shall provide a landscaped buffer of twenty-five (25) feet around all boundaries of development area.

(2)

All streets shall be designed to meet the minimum design standards pursuant to Hernando County construction standards for local streets.

(3)

No odor-producing activity shall be permitted within one hundred (100) feet of the property, to include, but not limited to, the following: Sewage treatment plants, refuse collection container, lift stations, vehicle storage areas, etc.

(4)

Minimum setback for R-1-MH District development along designated major arterials shall be one hundred twenty-five (125) feet. Along all other designated roadways the minimum setback shall be seventy-five (75) feet.

(Ord. No. 87-9, § 3, 3-3-87; Ord. No. 93-30, § 7, 12-21-93)

Section 10. - CV Conservation District.

A.

Permitted uses:

(1)

Forestry.

(2)

Forestry service establishments.

(3)

Resource-oriented recreational activities.

(4)

Wildlife management activities.

(5)

Single-family dwelling.

(6)

Mobile home, provided that such mobile home meets all of the regulations, requirements and provisions of this ordinance for single-family dwellings within the zoning district.

B.

Permitted accessory structures and uses:

(1)

Accessory uses customarily incidental to the principal permitted use of the property.

C.

Special exception uses:

(1)

Commercial fishing and marina-related uses.

(2)

Boat, canoe, motorcycle, bicycle and off-road vehicle rental establishments where rental items are used on the premises.

(3)

Fishing camps.

(4)

Hunting camps.

(5)

Concession stands associated with the permitted use of the property.

(6)

Government research and associated educational facilities.

(7)

Bed and breakfast establishments.

D.

Dimensions and area regulations:

(1)

Lot width: The minimum lot width at the building line shall be three hundred (300) feet.

(2)

Front yard: The minimum front yard shall be fifty (50) feet.

Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485 and C.R. 50 front yard requirement shall be one hundred twenty-five (125) feet.

(3)

Side yard: The minimum side yard shall be fifty (50) feet.

(4)

Rear yard: The minimum rear yard shall be fifty (50) feet.

(5)

Lot area: The minimum lot area for development with a residence shall be forty (40) acres. If the property will not be developed with a residence, there shall be no minimum lot area.

(6)

Lot frontage: All lots shall front on a street for a minimum distance of one hundred (100) feet, except that lots which front on the turnarounds of permanent dead-end streets shall be permitted to front on such turnarounds for a minimum distance of fifty (50) feet.

(7)

Building height: The maximum building height shall not exceed forty-five (45) feet.

(8)

Minimum living area: The minimum living area of a dwelling shall be six hundred (600) square feet. For the purpose of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit, exclusive of carports, breezeways, unenclosed porches or terraces. In accordance with the provisions of this subsection, the minimum living area or floor area of a mobile home will be six hundred (600) square feet, exclusive of all attachments, and no mobile home shall be permitted to be attached or detached in a manner that would be inconsistent with the manufacturer's design standards. No mobile home shall have a length or width dimension less than twelve (12) feet, not including popouts and attachments. All mobile homes must be skirted within thirty (30) days from the issuance of the certificate of occupancy. The skirting shall constitute a visual screen of new material or material in acceptable condition, consisting of aluminum, pressure-treated wood, masonry or other acceptable material normally used for mobile home skirting and be placed around the entire perimeter of the mobile home and extending from the base of the mobile home to the ground.

Applicants applying for a building permit to place a used mobile home shall either provide proof of a current and valid inspection by the Department of Motor Vehicles or be inspected by the Hernando County Development Department prior to the issuance of a building permit to set the mobile home. The inspection will be conducted by the building division and is designed to protect the public health, safety and welfare. The inspection will be conducted in areas of fire safety, electrical, plumbing, mechanical and overall construction of the mobile home.

If the inspection of the mobile home determines that the unit is not repairable, no building permit shall be issued.

No applicant applying to place a mobile home shall perform any repair work or commence set up of the mobile home until a building permit has been secured.

Any deficiencies noted in the inspection report shall be corrected prior to the issuance of a certificate of occupancy.

Standards for used mobile home inspection will be adopted by resolution of the Hernando County Board of County Commissioners and will be consistent with State standards regulating used mobile homes.

E.

Special regulations:

(1)

All accessory buildings shall be located at least ten (10) feet from the side or rear property lines or no closer to the front property line than the front yard requirement for the district. If a single-family dwelling is on or will be on the premises, the accessory building shall be no nearer than fifteen (15) feet to such dwelling.

(2)

All activities shall be in conformance with standards established by the county, state and/or federal government.

(Ord. No. 93-30, § 8, 12-21-93; Ord. No. 96-08, § 22, 5-7-96; Ord. No. 96-19, § 17, 9-10-96)

Section 11. - PSF Public Service Facility Overlay District.

A.

Permitted Uses:

(1)

Any use permitted in the underlying zoning district.

(2)

Governmental uses and structures consistent with the PSF approval.

(3)

Public service uses and structures consistent with the PSF approval.

(4)

Lime Stabilization and Residual Management Treatment Facilities in the C-4 Heavy Highway Commercial District, the I-1 Light Industrial District and the I-2 Heavy Industrial District only.

B.

Special regulations:

(1)

No building, structure or use within a public service facility overlay district shall be located closer than fifty (50) feet to the property line of an adjoining parcel containing a residence or the property line of a residentially zoned parcel.

(2)

No odor- or dust-producing substance or use, except in connection with the cultivation of permitted uses, shall be permitted within one hundred (100) feet of a property line if the adjoining property is being used for residential purposes.

(3)

The following siting criteria must be met prior to the approval of a public service facility overlay district for a construction and demolition debris landfill facility:

(a)

Have access to a roadway with a classification of no less than a two-lane collector which is designed to handle heavy truck traffic;

(b)

Not be located within one thousand (1,000) feet of residentially zoned properties and schools;

(c)

Be compatible with the surrounding land uses:

(1)

Shall not have a negative material impact on surrounding land uses,

(2)

Shall not have a negative material impact on infrastructure, or

(3)

Shall not have negative material environmental impacts;

(d)

Not be located within any area containing hydric soils, as specified in the Soil Survey of Hernando County;

(e)

Not to be located within two hundred fifty (250) feet of the property line of any property zoned as one of the rural zoning districts not under control of the owner/operator of the construction and demolition debris landfill;

(f)

Not be located within the 100-year floodplain; and,

(g)

Not create a vulnerable feature.

(4)

The following design criteria must be met prior to the approval of a public service facility overlay district for a construction and demolition debris landfill facility:

(a)

The site shall have a minimum setback of seventy-five (75) feet from all adjacent property lines;

(b)

Access roads must be paved or stabilized with limerock or some other surface and be dust controlled;

(c)

The site shall be completely fenced with a minimum six-foot-high security fence which must be locked during all hours when the construction and demolition debris landfill is closed;

(d)

Have only one entrance;

(e)

The site shall be buffered from adjacent properties with a fifteen-foot landscaped buffer of no less than eight (8) feet in height; and reach eighty (80) percent opacity within twelve (12) months;

(f)

Must comply with the provisions of the Groundwater Protection Ordinance; and,

(g)

Meet all other local, state and federal rules.

(5)

A construction and demolition (C&D) debris landfill facility shall meet the following operational standards:

(a)

The owner/operator of a construction and demolition debris landfill shall be responsible for compensating the appropriate fire department for all expenses in the extinguishing or containing of a fire above the cost of an average fire call as determined by the Florida State Fire Marshal's Output Report:

(b)

The owner/operator of a proposed construction and demolition debris landfill shall provide to the Hernando County Solid Waste Division county a copy of their Florida Department of Environmental Protection permit and/or any other such permits as required by the law, rule or regulation by of any successor agency. If an owner/operator of a proposed construction and demolition debris landfill is unable to attain or is exempt from the Florida Department of Environmental Protection rules, the proposed landfill does not meet the requirements of this ordinance, and shall not be allowed to operate.

(c)

The Hernando County Solid Waste Division will perform annual inspections at each privately owned C&D disposal facility and will perform periodic inspections as deemed necessary to assess compliance with this ordinance and the Florida Department of Environmental Protection's rules and regulations, and to enforce the Hernando County Zoning Regulations.

(d)

Owners/operators shall provide unrestricted access to their C&D disposal facilities during normal operating hours for all county departments and personnel (such as solid waste, code enforcement, sheriff's office, and the fire department) to conduct inspections to assess compliance with this ordinance and the Florida Department of Environmental Protection's rules and regulations, and to enforce the Hernando County Zoning Regulations.

(e)

Owners/operators shall maintain all records on-site for a minimum of three (3) years from the date of waste receipt. The following records shall be required:

Daily tons of C&D debris received.

Daily tons of C&D debris recycled and type (i.e., cardboard, concrete, wood, ferrous metal, etc.)

Name and address of the recycler or receiver of the recycled materials.

Daily tons of C&D debris disposed at the site.

Daily tons of rejected waste, type of waste, and the disposal location of the rejected waste.

(f)

The County reserves the right at any time to request copies of the records, and information requested by the County shall be provided or made available to the County within twenty (20) working days of a written request for any relevant, non-financial information as may be needed to satisfy this Ordinance, FDEP or any other State requirements.

(g)

Owners/operators shall submit an annual report summarizing the information in paragraph (e) above to the Hernando County Solid Waste Division on or before the 31 st day of January for the previous calendar year.

(h)

Owners/operators shall submit copies of the FDEP-required ground water monitoring well analyses to the Hernando County Solid Waste Division upon request.

(6)

The following criteria must be met prior to the approval of a Public Service Facility Overlay District (PSFOD) for a communication tower site:

(a)

The minimum setbacks provided for in this ordinance must be met, and the PSF Overlay shall apply to a defined compound area for that tower and associated facilities only.

(b)

As part of the procedure when applying for a PSF, an applicant shall provide proof that a provider is connected with the application if the provider is not the applicant by the provision of a lease agreement or other documentation that commits a provider to locate on the proposed tower and submit to the County for inclusion in the record of any subsequent public hearing on the application the following materials:

(1)

A map showing the search ring utilized by the applicant in determining the appropriate location; and, in the case of a PSF in a residential area, a depiction of how the proposed location permits provision of service that cannot reasonably be provided from outside the residential area;

(2)

An inventory and a map showing all existing structures and towers within the search ring that are available for collocation;

(3)

A map showing all existing Public Service Facility Overlay Districts (PSFOD) and towers or existing structures of an appropriate height, within the search ring The map shall also indicate all PSFODs which have been approved for the placement of communication towers.

(4)

An analysis by an engineer licensed by the State of Florida, demonstrating how the tower location enhances the provision of service to areas not served or underserved by existing facilities and attesting that he/she has reviewed the propagation maps and radio frequency data, and that the submitted search ring is an accurate representation of the location and height requirements for the antenna array. The applicant shall also attest that coverage can not be provided from an existing structure or tower site.

(5)

Provide evidence that the applicant has pursued collocation, use of approved sites, and use of existing structures of an appropriate height. Evidence shall consist of copies of all correspondence between the petitioner and the owner, operator, or manager of other structures, towers or land which can be utilized for collocation or the construction of a communication tower. Evidence shall also be provided as to the following matters, to the extent applicable to the application:

i.

No existing towers or structures are located within the geographic area required to meet the provider's engineering requirements;

ii.

Existing towers and structures are not of a sufficient height to meet the provider's engineering requirements;

iii.

Existing towers or structures do not have sufficient structural strength to support the provider's proposed antenna requirements;

iv.

Existing towers or structures would cause electromagnetic interference;

v.

The costs to add to an existing tower or structure exceed the development costs for a new tower; and/or

vi.

The applicant demonstrates other limiting factors that render existing towers or structures unsuitable.

(6)

A visual line of sight analysis, including photo-simulated post construction renderings, to enable the County to assess the visual impact upon surrounding properties. Photo simulations shall depict the tower and antenna arrays for all potential collocated users.

(7)

A description of viable alternatives for utilizing camouflage techniques.

(8)

Proper access and parking for service vehicles must be demonstrated.

(c)

For residential areas or districts the applicant must demonstrate to the satisfaction of the County that service cannot be provided from outside the residential area and that no alternative locations are available.

(d)

Be compatible with the surrounding land uses:

(1)

Shall not have a negative material impact on surrounding land uses;

(2)

Shall not have a negative material impact on infrastructure; or

(3)

Shall not have negative material environmental impacts as allowed to be reviewed by applicable laws.

(4)

Shall have minimal visual and functional conflict between the proposed use and nearby neighborhood uses.

(e)

Submit a balloon test, which will allow the Board of County Commissioners to evaluate the impact of the communication tower on the surrounding land uses and the compatibility of the communication tower. This test shall consist of:

(1)

A balloon colored red, orange, or yellow and be no less than four feet in diameter;

(2)

The balloon is to be flown at the height of the proposed tower or a maximum of 199 feet if the tower is greater than 199 feet;

(3)

The balloon is to be flown for three consecutive days; except in the event of inclement weather, with the petitioner notifying the County of the delay. Nothing in this requirement should be construed as not having to fly the balloon for three days.

(4)

The balloon is to be flown for a period of at least three hours per day between the hours of 7:00 am and 10:00 am;

(5)

The balloon test can not commence until after the posting and mailing of notice to the public;

(6)

The applicant shall provide the Planning Department with 24-hour notice prior to the commencement of the balloon test; and,

(7)

The applicant shall provide the Planning Department a signed affidavit, prior to the Planning and Zoning Commission meeting, attesting to the applicant having conducted the balloon test.

(f)

All other requirements of this ordinance.

C.

All activities shall be in conformance with standards established by the county, state and/or federal government.

D.

All development must meet, at a minimum, the dimension and area regulations of the underlying zoning district and the standards and criteria in this section. The board of county commissioners may increase the minimum dimension and area regulations for the proposed use if it is deemed necessary to protect the health, safety and welfare of the citizens of Hernando County. Any reduction of the minimum dimension and area regulations or other development standards and criteria contained in this section must be specifically enumerated in the application and would require the approval of a deviation by the board of county commissioners.

E.

An impact statement describing the current condition of adjacent natural resources and land uses to the proposed subject site, the projected impacts on these areas and mitigation plans if appropriate shall be submitted for review as part of the public facility overlay district application.

(Ord. No. 93-30, § 9, 12-21-93; Ord. No. 97-3, §§ 4—6, 3-4-97; Ord. No. 97-08, § 9, 5-20-97; Ord. No. 98-18, § 8, 6-23-98; Ord. No. 98-24, § 5, 8-25-98; Ord. No. 99-18, § 2, 8-10-99; Ord. No. 2007-11, § 2, 7-24-07; Ord. No. 2013-31, §§ III, IV, 10-22-13; Ord. No. 2025-08, § 1, 7-8-25)

Section 12. - Reserved.

Editor's note— Ord. No. 2020-12, § II, adopted October 27, 2020, repealed § 12, which pertained to Resort Overlay District and derived from Ord. No. 96-08, § 23, 5-9-96.

Section 13. - Agricultural/residential districts.

A.

The following regulations apply to agricultural/residential districts as indicated:

(1)

Permitted uses:

(a)

All agricultural/residential districts:

i.

Aquaculture

ii.

Grazing livestock at the rate of one mature animal and offspring less than one year of age, per acre.

iii.

Poultry and swine for home consumption maintained at least seventy-five (75) feet from adjacent property.

iv.

Horticultural specialty farms, including the cultivation of crops.

v.

Accessory structures related to the principal use of the land.

vi.

Pigeon aviaries with a maximum of 1,500 square feet of area devoted to housing pigeons, per acre.

vii.

Sales on the premises of permitted agricultural products produced on the premises: provided that where such products are sold from roadside stands, such stand shall be set back a safe distance from any public street right-of-way and shall provide for automobile access and off-street parking space in such a manner so as to not create an undue traffic hazard on the street on which such roadside stand is located.

(b)

Agricultural/residential:

i.

Single-family dwellings.

(c)

Agricultural/residential-1:

i.

Mobile homes.

(d)

Agricultural/residential-2:

i.

Single-family dwellings.

ii.

Mobile homes.

(2)

Conditional uses:

(a)

Retail sales of permitted agricultural products not produced on the premises: provided that where such products or services are sold from roadside stand, such stand shall be set back from any public street right-of-way at least seventy-five (75) feet and shall be provided with automobile access and off-street parking space in such a manner so as to not create an undue traffic hazard on the street on which such roadside stand is located.

(3)

Dimension and area regulations:

(a)

Lot area: The minimum lot area shall be one acre.

(b)

Building height: The maximum building height shall not exceed forty-five (45) feet.

(c)

Lot widths: The minimum lot width at the building line shall be one hundred (100) feet. Lots on curves shall have a minimum street frontage of fifty (50) feet.

(d)

Front yard: The minimum front yard requirement in the Agricultural/Residential District shall be fifty (50) feet. Along U.S. 19, S.R. 50, U.S. 41, U.S. 98, U.S. 301, C.R. 578, C.R. 485, and C.R. 50 front yard requirements shall be one hundred twenty-five (125) feet.

(e)

Side yard: The minimum side yard requirement shall be ten (10) feet.

(f)

Rear yard: The minimum rear yard requirement shall be thirty-five (35) feet.

(g)

Lot frontage: All lots shall front on a street for a minimum distance of one hundred (100) feet except on dead-end streets, where frontage shall be a minimum of fifty (50) feet.

(h)

Minimum living area: The minimum living area of a single-family dwelling shall be nine hundred (900) square feet. For the purposes of this subsection, "minimum living area" shall mean the minimum floor area of a dwelling unit exclusive of carports, breezeways, unenclosed porches, garages, or terraces. In accordance with the provisions of this subsection, the minimum living or floor area of a mobile home will be six hundred (600) square feet exclusive of all attachments, and no mobile home shall be permitted to be attached or detached in a manner that would be inconsistent with the original manufacturer's design standards. No mobile home shall have a length or width dimension less than twelve (12) feet, not including pop-outs and attachments. All mobile homes must be skirted within thirty (30) days from the issuance of a certificate of occupancy. The skirting shall constitute a visual screen of new materials, or material in acceptable condition, consisting of aluminum, pressure-treated wood, masonry, or other acceptable material normally used for mobile home skirting and be placed around the entire perimeter of the mobile home and extending from the base of the mobile [home] to the ground.

Applicants applying for a building permit to place a used mobile home shall either provide proof of a current and valid inspection by the Department of Motor Vehicles or be inspected by the Hernando County Development Department prior to the issuance of a building permit to set the mobile home. The inspection will be conducted by the building division and is designed to protect the public health, safety, and welfare. The inspection will be conducted in areas of fire safety, electrical, plumbing, mechanical, and overall construction of the mobile home. If the inspection of the mobile home determines that the unit is not repairable, no building permit shall be issued. No applicant applying to place a mobile home shall perform any repair work or commence set up of the mobile home until a building permit has been secured. Any deficiencies noted in the inspection report shall be corrected prior to the issuance of a certificate of occupancy. Standards for used mobile home inspections will be adopted by resolution of the Hernando County Board of County Commissioners, and will be consistent with state standards regulating used mobile homes.

(i)

A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

(4)

Special exception uses:

(a)

For the AR, A/R-1 and A/R-2 districts:

i.

Home occupations.

ii.

Bed and breakfast establishments.

iii.

Animal Specialty Establishments

(5)

Special regulations:

(a)

No odor nor dust producing substance nor use, except in connection with cultivation of permitted uses, shall be permitted within seventy-five (75) feet of a property line.

(b)

No products shall be publicly displayed nor offered for sale from the roadsides unless produced on the premises or a conditional use permit is obtained from the administrative official.

(c)

All accessory buildings shall be located at least ten (10) feet from the side or rear property lines, or no closer to the front property line than the front yard requirement for the district. If a single-family dwelling is on, or will be on the premises in the future, the accessory building shall be no nearer than fifteen (15) feet to such dwelling.

(d)

Detached accessory structures which have impervious roof coverings shall meet the minimum yard requirements for accessory buildings in the district.

(e)

Accessory buildings or structures five (5) feet or less in height, and smaller than forty (40) square feet in size shall not be required to obtain a zoning permit. Such buildings or structures must meet the minimum yard requirements for accessory buildings in the district.

(f)

There are no minimum yard standards for wellhouses as defined in this ordinance.

(Ord. No. 98-25, § 4, 10-13-98; Ord. No. 2000-07, § 6, 5-9-2000; Ord. No. 2003-02, § 10, 2-11-03; Ord. No. 2004-03, § 20, 2-24-04; Ord. No. 2004-11, § 15, 8-3-04; Ord. No. 2010-21, § V, 10-26-10; Ord. No. 2013-22, § II, 7-23-13; Ord. No. 2013-37, § IV, 12-10-13)