A.

Appointment. The governing body shall appoint an administrative official, who shall be charged and provided with the authority to administer the zoning ordinance and to enforce the regulations and procedures contained herein governing land development and use, indicating the issuance of zoning permits and certificates of use. The administrative official, in the performance of his duties and functions, may enter upon any land and make examination and surveys that do not occasion damage or injury to private property.

B.

Powers and duties. The administrative official shall have the following powers and duties:

(1)

To decide the literal interpretation of the zoning ordinance including definitions and land use classifications.

(2)

To decide the interpretation of the exact location of zoning district boundaries according to the zoning ordinance.

(3)

To decide the interpretation of the amount of off-street parking, loading and unloading space required according to the zoning ordinance.

(4)

To decide the interpretation of the general environmental control criteria and performance standards according to the zoning ordinance.

(5)

To decide any other interpretation or decision delegated by the land development regulations.

C.

Administrative variances. The administrative official shall have the authority to grant a minor dimensional variance of up to ten (10) percent of adopted standards when the terms of this ordinance are met. When the terms of the ordinance are not met, the administrative official shall deny the request, at which time the petitioner shall have all rights of appeal as set forth in this ordinance.

(Ord. of 12-4-72, § V(a)(1); Ord. No. 76-2, § 19, 2-17-96; Ord. No. 91-23, § 6, 7-2-91)

A.

[Zoning permit required prior to construction or permit:] A zoning permit shall be required for any of the following unless otherwise provided for in this ordinance:

(1)

Excavation, construction or alteration relating to any building;

(2)

Excavation, construction or alteration relating to any of the following structures:

(a)

Signs;

(b)

Structures with impervious roof coverings greater than five (5) feet in height or forty (40) square feet in size;

(c)

Boat lifts;

(d)

Towers;

(e)

Retaining walls;

(f)

Docks;

(g)

Decks;

(h)

Residential remodel;

(i)

Any alteration which changes a setback;

(j)

Other similar items as determined by the administrative official.

It shall be unlawful and a violation of this Code to commence any excavation or construction or any alteration of any structure which requires a zoning permit until the administrative official has issued a zoning permit authorizing such work. If no zoning permit has been issued and a builder begins or continues to build, a restraining order may be obtained upon application to the proper court of record and evidence of the lack of a zoning permit shall establish a prima facie case for the issuance of the restraining order.

B.

Certificate of use prior to occupancy and change of use: It shall be unlawful and a violation of this Code to occupy any newly erected or altered structure or to change the use of any premises even though no structure was erected or altered until the administrative official has issued a certificate of use authorizing such occupancy.

C.

Exceptions: No zoning permit or certificate of use shall be required in the following cases:

(1)

Recurring maintenance work regardless of cost.

(2)

Installation of required improvements according to authorized subdivision construction drawings.

(3)

Alterations to residential structures which do not change the exterior dimensions of the structure.

D.

Procedure:

(1)

The procedure for securing a zoning permit shall be as follows:

(a)

Application: In applying to the administrative official for a zoning permit, the applicant shall submit a plat along with the application, drawn to scale, showing the dimensions of the lot to be built upon, the outside dimensions of all structures to be constructed or altered and all existing structures, yard depths, and any other information necessary for determining conformance with the zoning ordinance. The applicant shall submit a sworn statement attesting to compliance with applicable federal, state and local permits/approvals in the form approved by the Department.

(b)

Issuance: If the proposed construction or alteration conforms with all applicable provisions of the zoning ordinance and all other applicable ordinances, regulations and codes, the administrative official shall issue a zoning permit authorizing such construction or alteration. If the proposed construction or alteration fails to conform, the administrative official shall refuse to issue a zoning permit and shall deliver written notice to the applicant stating the reasons for the refusal. The administrative official shall act upon applications for zoning permits within two (2) weeks from the date of their submission.

(c)

Duration: A zoning permit shall become void six (6) months from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein. Substantial progress, as set forth herein, shall mean that binding contracts for the construction of the main building, buildings, or other improvements have been let; or in the absence of contracts that the main building, buildings, or other improvements, are under construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development, or completed.

(2)

The procedure for securing a certificate of use shall be as follows:

(a)

Application: In applying to the administrative official for a certificate of use, the applicant shall submit a plat along with the application, drawn to scale, showing the dimensions of the lot to be built upon, the outside dimensions of all structures to be constructed or altered and all existing structures, yard depths, and any other information necessary for determining conformance with the zoning ordinance. In applying to the administrative official for a certificate of use, the applicant shall notify the administrative official in writing of the date on which the occupancy of any new or altered structure or the new use of any premises will be ready to commence. The applicant shall submit a sworn statement attesting to compliance with applicable federal, state and local permit/approval in a form approved by the Department.

(b)

Issuance: If the newly erected or altered structures and the new use of premises conform with all applicable provisions of the zoning ordinance and all other applicable ordinances, regulations, and codes, the administrative official shall issue a certificate of use authorizing the occupancy thereof. If the structure or use fails to conform, the administrative official shall refuse to issue a certificate of use and shall deliver written notice to the applicant stating the reasons for the refusal. The administrative official shall inspect a new structure on the premises for which a new use is proposed and shall issue or refuse a certificate of use within three (3) days after the date on which the new use is ready to commence.

(3)

Validity/no waiver/estoppel. The issuance of a certificate of use or zoning permit by the County shall not waive any provision or regulation of the Hernando County Code. The failure of the County to address a particular permit, approval, condition, term, or restriction shall not relieve the Applicant of the necessity of complying with the law governing said use, permitting requirements, conditions, terms, or restrictions. It is for the Applicant to ascertain from the local code what is required to obtain the use or development sought. No rights to obtain development orders, permits or approvals nor any other rights to develop or engage in use or construction on property in Hernando County have been granted or implied simply by the County's approval of a Certificate of Use or Zoning Permit under this Article. The Applicant may not attempt to force, coerce, or intimidate the County to approve any other permit or authorization by asserting that the County has committed to such approvals based on the theory of vested rights or equitable estoppel or any other legal theory based on the County's approval of use or construction under this Article.

(Ord. No. 76-2, § 20, 2-17-76; Ord. No. 98-24, § 6, 8-25-98; Ord. No. 2003-02, § 11, 2-11-03; Ord. No. 2012-7, § III, 6-12-12)

A.

Authority of the governing body. The governing body shall have the following powers and duties:

(1)

The governing body shall hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official in the enforcement of the zoning ordinance. The governing body may, upon appeal and in conformity with provisions of this part, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by the administrative official in the enforcement of the zoning ordinance. In making any necessary order, requirement, decision, or determination, the governing body shall have all the powers of the administrative official from whose decision the appeal is taken.

(2)

The governing body may authorize upon appeal a variance from the terms of the ordinance that will not be contrary to the public interest when due to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance, the governing body shall consider:

(a)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district;

(b)

That the special conditions and circumstances do not result from the actions of the applicant;

(c)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district;

(d)

That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant;

(e)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

(f)

That the granting of the variance will be in harmony with the general intent and purpose of the land development regulations and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(3)

The governing body may prescribe appropriate conditions and safeguards in conformity with the land development regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance.

(4)

The governing body may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both.

B.

Authority of the administrative official: The administrative official shall have the following duties:

(1)

The administrative official shall interpret the zoning ordinance and make determinations of appropriate uses within a zoning district.

(2)

The administrative official shall review and grant or deny variances. to the zoning ordinance.

C.

[Review criteria.] The administrative official shall review all variances based on the criteria listed below:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district

(2)

The special conditions and circumstances do not result from the actions of the applicant.

(3)

The requested variance will not be detrimental to the development pattern in the neighborhood.

(4)

The requested variance will enable the petitioner to avoid building in the flood plain.

(5)

The requested variance will enable the petitioner to protect one or more specimen trees.

(6)

The requested variance is the result of a development plan proposing a more efficient and safe design through an access management plan approved by the development review committee.

(7)

The requested variance is for a front yard corner lot and will not have any adverse impact on the established development pattern of the adjacent lots.

(8)

The requested variance is for an addition for a building with an existing portion already encroaching into the yard and will not extend past a line established by the existing encroachment running parallel to the lot line.

(9)

The requested variance will further the reconstruction, rehabilitation, or restoration of structures listed in or classified as contributing to a district listed in the National Register of Historic Places, the Local Register of Historic Places, or the State Inventory of Historic Places.

D.

Variances:

(1)

Dimensional variance runs with the land: A dimensional variance applies to the property for which it is granted, and not to the individual who applies for it. A dimensional variance is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

(2)

Findings maintained by the administrative official: All findings necessary for the granting of a dimensional variance, along with any imposed conditions or restrictions, shall be maintained by the administrative official. These findings shall be issued in written form to the applicant to constitute proof of the dimensional variance.

(3)

[Uses not otherwise permitted.] A variance shall not be granted to allow a use not otherwise permitted in the zoning district.

E.

Variance procedure:

(1)

The administrative official shall, following the receipt of the completed application for a variance, review the application and, within fifteen (15) days, issue a notice of intent, for either the approval or the denial of the variance.

(a)

If the notice of intent is to approve the variance, a mailing shall be issued to the property owners within five hundred (500) feet of the property under consideration for the variance. This notice shall indicate that it is the administrative official's intent to approve the requested variance fifteen (15) days after the date of the mailing if no appeal is filed. The notice of intent shall be forwarded to the board of county commissioners.

(b)

If no appeal is filed within fifteen (15) days objecting to the administrative official's decision to approve the variance, the decision shall stand. If an appeal is filed by 5:00 p.m. on the fifteenth day, the administrative official shall schedule a public hearing for the governing body to hear the application for the variance.

(c)

If the administrative official's intent is to deny the requested variance, the administrative official shall send notification letters to the applicant and the property owners within two hundred fifty (250) feet of the property under consideration for the variance, indicating the administrative official's intent to deny the variance. The notice of intent shall be forwarded to the board of county commissioners.

(d)

If no appeal is filed within fifteen (15) days objecting to the administrative official's decision to deny the variance, the decision shall stand. If an appeal is filed by 5:00 p.m. on the fifteenth day, the administrative official shall schedule a public hearing for the governing body to hear the application for the variance.

F.

Appeal procedure:

(1)

For administrative decisions: Appeals to the governing body for an administrative decision may be taken by any person aggrieved or by any officer, board, or bureau of the governing body affected by the decision of the administrative official. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed by filing with the administrative official from whom the appeal is taken and with the governing body an application of appeal specifying the grounds thereof. Upon a hearing, any party may appear in person, by agent, or by attorney.

G.

Application for variance appeal: The application for the appeal of the administrative official's intent to either approve or deny a variance shall be in the form prescribed by the governing body. Such an application shall be included with the administrative official's letter of intent which is mailed to adjacent property owners. The individual filing an appeal shall include any additional data supporting the appeal at the time of filing.

H.

Required notice for appeals and variances:

(1)

Notice in newspaper: The administrative official shall cause a notice of the time, place, and purpose of such hearing to be published in a newspaper of general circulation in the county at least ten (10) days prior to the hearing.

(2)

Mail notice:

(a)

The administrative official shall mail notices setting forth the time, place and purpose of the hearing to the parties in interest when a specific parcel is involved. The administrative official shall also mail notices to the owner of every parcel of land within a distance of two hundred fifty (250) feet in any direction from the property line of the land in question when the hearing involves a specific parcel of land.

(b)

Notice shall be mailed to the owner's current address of record maintained by the assessor of taxes of the governing body and shall be postmarked no later than ten (10) days prior to the scheduled hearing date. The administrative official shall present an affidavit or mailing certification certifying compliance with the notice requirement of this section, along with a list of the persons and addresses to which notices were mailed, at the time of the hearing.

(3)

Sign posting: The applicant shall, upon the setting of the hearing on a proposed variance, and not less than fifteen (15) days prior to the date set for the public hearing, post sign(s) on the parcel of land for which the variance is proposed.

(a)

Such sign shall have the size, shape, design and color determined by the administrative official. The following information shall be printed or otherwise made to appear on the sign:

PUBLIC NOTICE
VARIANCE HEARING
BOARD OF COUNTY COMMISSIONERS
HERNANDO COUNTY, FLORIDA
(insert date, meeting time, and location)
PROPOSED VARIANCE
(description of variance)

(b)

The sign(s) furnished by the county shall be posted by the applicant along each front lot line with the bottom of the sign at least three (3) feet above grade on the property being considered for a variance. The sign cards shall be posted at the outer property line along the road or street frontage and shall be clearly visible. If the frontage is in excess of three hundred (300) feet, posting of the signs shall be determined by the county. `qIn cases where the property does not have frontage on a road, the sign cards shall be posted at the property corners, and where the access road intersects with the nearest county road.

(c)

After the signs are posted, the petitioner shall prepare an affidavit certifying that the required signs were posted, including a description of the parcel of land on which the signs were placed. This affidavit must be filed with the County Administrator or designee prior to the public hearing. The County shall make affidavit forms available for use by the applicant. It is the responsibility of the petitioner to ensure that the sign(s) are appropriately posted and remain on the property during the public hearing process in a legible condition. If the condition of the sign(s) deteriorate through the process, it shall be the responsibility of the petitioner to repost the property at no cost to the county. Failure to maintain the signs in accordance with this section may result in a delay to the public hearing process. The petitioner shall be responsible for removal of the sign(s) within 10 days of the date the decision on the petitioner's application becomes final or the date of appeal of a commission or governing body decision for judicial determination, whichever comes first. Failure to timely remove any such sign(s) is prohibited.

(4)

Public inquiry workshop. Upon determination of need by the administrative official based upon the number of public inquiries or the size, location or complexity of the proposed project, the applicant shall be required to conduct a public inquiry workshop prior to the scheduling of a public hearing on the application at a location convenient to the site in question and appropriate for public assembly in Hernando County as follows:

(a)

The applicant shall provide sign notice by posting the property a minimum of ten (10) days prior to the scheduled workshop with a public inquiry workshop notice sign as supplied by the zoning department. The sign notice hereunder shall be in addition to all other sign notice requirements under this article.

(b)

The applicant shall provide mail notice a minimum of ten (10) days prior to the scheduled public inquiry workshop giving the time, place and purpose of the meeting to each property owner within one thousand (1,000) feet of the parcel covered by the application based on the mail list generated by the property appraiser's office. The applicant shall provide the zoning department a copy of the mail list and a notarized affidavit indicating that said notice was mailed. The mail notice hereunder shall be in addition to all other mail notice provisions under this article.

(c)

The applicant shall provide a citizen sign-in sheet and executive summary explaining what information was provided to the public at the meeting to the administrative official accompanied by a notarized affidavit indicating that the list is an official record of attendance at the meeting. The citizen sign-in sheet and executive summary will become a part of the official application.

I.

Fees: The applicant shall pay all costs and expenses in connection with public notice of such hearing and related notices in addition to any other fee required for administration.

J.

Review by circuit court: An aggrieved party may appeal a final administrative order of the governing body to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the governing body. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.

(Ord. No. 74-8, § 9, 10-15-74; Ord. No. 78-4, § 7, 5-16-78; Ord. No. 86-18, § 2, 8-5-86; Ord. No. 88-8, § 1, 4-6-88; Ord. No. 91-13, § 7, 7-2-91; Ord. No. 96-19, § 18, 9-10-96; Ord. No. 97-3, § 7, 3-4-97; Ord. No. 99-14, § 15, 7-6-99; Ord. No. 2004-11, § 16, 8-3-04; Ord. No. 2005-01, § 4, 2-8-05; Ord. No. 2016-18, §§ I, II, 11-8-16)

The conditional use permit is intended to be utilized as a special permit which temporarily allows uses not otherwise permitted by this ordinance for a specified period of time.

A.

Conditional use allowable in any zoning district with planning and zoning commission approval:

(1)

Temporary real estate sales office exclusively for real estate sales of property in a developing subdivision.

(2)

Temporary second principal building on one lot of record in cases of extreme personal hardship.

(3)

Temporary structures, other than those permitted by the administrative official pursuant to paragraph C. below.

(4)

Temporary uses, other than those permitted by the administrative official pursuant to paragraph C. below, or as accessory uses and structures in all commercial districts.

(5)

Seasonal sales of plants or plant materials which are not accessory to churches, schools or fraternal organizations as principal uses of property.

(6)

Uses allowable by special exception use permit.

B.

Other conditional uses permitted in specific zoning districts with planning and zoning commission approval:

(1)

Conditional uses other than those listed above may be permitted in specific zoning districts as provided for in this ordinance [division].

C.

Conditional use permits allowable with administrative official approval:

(1)

Special events (fairs, festivals, arts and craft shows, concerts, and similar outdoor events) may be approved by the administrative official in any zoning category for a period not to exceed forty-five (45) days for the purpose of promotions, entertainment, educational, religious, or similar events. The sale of alcoholic beverages in association with these types of events must provide the administrative official with a copy of the necessary permits from the state. Such sales are exempt from the minimum separation distance for the sale of alcoholic beverages from a church or school. Such permit request is also subject to the following:

(a)

Adequate off-street parking, restroom, and emergency access shall be provided as required.

(b)

Provisions for any required traffic control must be demonstrated, and provided.

(c)

The applicant shall submit a detailed site plan showing the location of all temporary structures, vendors, tents, the number and location of off-street parking spaces, a traffic circulation plan showing all ingress/egress locations, and the location of any structures existing on site. Such plan shall be examined by the administrative official and other applicable departments and agencies to determine compliance with all applicable codes, ordinances, or regulations. No clearance for a building permit shall be issued until such plan complies with these provisions and a conditional use permit has been issued.

(2)

A temporary retail vendor may be approved by the administrative official in any agricultural, commercial or industrial zoning category subject to the following:

(a)

Seasonal sales (Christmas trees, flowers, pumpkin sales, or similar seasonal uses) for up to forty-five (45) calendar days.

(b)

The sale of fireworks is governed by Chapter 18, Article IV of the Hernando County Code of Ordinances.

(c)

The regulation of mobile food dispensing vehicles involving licenses, registrations, permits, and fees is preempted to the state. Mobile food dispensing vehicles may operate within the entirety of the unincorporated area of Hernando County so long as such mobile food dispensing vehicle is properly licensed by the state.

(d)

The sale of agricultural produce may be approved for a period of up to one (1) year and a maximum of one (1) vendor per parcel subject to the following additional requirements:

1.

Shall not be located in the public right of way;

2.

Shall not be located on public property without an approved special event permit or concession license agreement from the County;

3.

Shall provide the written permission of the property owner in a format prescribed by the County;

4.

Each site must be separately permitted;

5.

The vendor shall prominently display all required state licenses/permits.

(e)

Outdoor retail sales events may be approved three (3) times per calendar year, for up to fourteen (14) days each time, provided the temporary sales or display of retail items only occurs on the same site as a business in a permitted permanent structure, and the items sold on site are by the business in the permitted permanent structure.

(f)

All requests for a temporary retail vendor permit must demonstrate safe and adequate access and parking; and shall also comply with the pertinent permit requirements from applicable departments and agencies that have jurisdiction over or review of such requests.

(3)

Backyard chickens may be permitted in any residential district, excluding multifamily districts. All permits shall be subject to the following restrictions:

(a)

The number of chickens shall be limited to no more than four (4) birds and no ducks, geese, turkeys, peafowl, male chickens/roosters, or any other poultry or fowl are allowed.

(b)

Chickens shall be kept in an enclosed area with a coop that provides for the free movement of chickens, and are not permitted to be free range. The coop must have a roof, and be completely secured from predators, including all openings, ventilation holes, doors and gates. No more than one (1) coop allowed per permitted parcel.

(c)

If the coop structure exceeds one hundred (100) square feet (ten (10) x ten (10) feet), a building permit shall be required pursuant to the Florida Building Code.

(d)

The minimum lot size shall be ten thousand (10,000) square feet.

(e)

The chicken coop shall be kept in the rear yard and must not be visible from adjoining properties or the street. Fence construction shall meet standards pursuant to the fence ordinance and shall be permitted separately. The chicken coop shall be situated a minimum of twenty-five (25) feet from the nearest neighbor's residence and at least five (5) feet from all property lines.

(f)

Persons wishing to have chickens in residential districts shall be subject to a compliance inspection after permit issuance. Accessibility and allowable entry shall be required for such inspection.

(g)

The coop shall provide a minimum of three (3) square feet per chicken and be of sufficient size to permit free movement of the chickens. The coop may not be taller than six (6) feet measured from the natural grade. The coop must be easily accessible for cleaning and maintenance.

(h)

The coop and surrounding area shall be kept clean, sanitary and odor free at all times.

(i)

Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition.

(j)

All stored feed must be kept in a rodent- and predator-proof container.

(k)

The chickens shall be for personal use only, and there shall be no sales of products from the residence, and the breeding of chickens for commercial purposes shall not be allowed.

(l)

In a public health emergency declared by the county health department, including, but not limited to, an outbreak of Avian flu or West Nile virus, the county may require immediate corrective action in accordance with applicable public health regulations and procedures.

(m)

Notwithstanding the issuance of a permit by the county, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include, but are not limited to, deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and deed covenants. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of chickens and large animals is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.

(n)

The permit may be issued for a maximum time period of up to five (5) years by the approving authority.

(o)

Failure to comply with these standards, or any other standards imposed by the conditional use permit shall result in the permit being revoked by the administrative official.

(4)

Community gardens may be approved by the administrative official for a maximum time period of up to five (5) years.

(5)

The administrative official may approve the placement of temporary shelters on residential properties following a declared state of emergency in the manner provided therefore in Hernando County Code, Appendix A, Article Ill, Section 3(E)(6), as it may be amended.

D.

Application procedure for conditional uses that require planning and zoning commission approval:

(1)

This provision shall govern applications for all conditional use permits:

(a)

The application for a conditional use permit hereunder shall be in the form prescribed by the county and shall include a site plan which, at a minimum, depicts the proposed conditional use in relation to the parcel of property on which it is to be located and adjoining properties, parking, access, buffers.

(b)

The application shall be signed by the property owner or accompanied by an affidavit of written permission by the property owner of record and shall include payment of any applicable application fees.

(c)

A public contact person must be designated on the application. The public contact person would be required to answer questions and provide information to the public.

(d)

Depending upon the size, location or complexity of the requested conditional use, planning department staff may request additional information. It is the ultimate responsibility of the property owner or designated agent to ensure that the application is complete and sufficient and all requested information and materials have been provided to county staff.

(2)

The applicant, upon being first advised by the planning department that the application is incomplete or insufficient, shall have a total of one hundred eighty (180) days to correct all completeness and sufficiency deficiencies. If the applicant fails or refuses to correct such deficiencies within this period, the said application shall be deemed abandoned and void. Any applicant whose application is declared abandoned or void under this provision may re-file such application at a subsequent date, without prejudice, upon payment of all required fees and submitting a complete and sufficient application.

(3)

Upon an applicant being advised by the planning department that the application is complete and sufficient, a public hearing shall be promptly scheduled at the next available planning and zoning commission meeting allowing sufficient time for public notice and advertising. At the request of the commission, the governing body or the applicant, any scheduled public hearing may be continued until a date certain (which date shall be set by the commission or the governing body, respectively, in their sole discretion). Notwithstanding the foregoing, the commission shall render a decision on the merits of the application within one hundred eighty (180) days of the applicant being advised that the application is complete and sufficient. It shall be the responsibility of the applicant to ensure that its application is scheduled and acted upon in a timely fashion. Any application not acted on by the commission within said one hundred eighty (180) day period shall be deemed abandoned and void, and such application shall be closed out by the planning department with no refunds of any fees paid by the applicant. Any applicant whose application is declared abandoned or void under this provision may re-file such application at a subsequent date, without prejudice, upon payment of all required fees and submitting a complete and sufficient application.

(4)

Public inquiry workshop. Upon determination of need by the county staff based upon the number of public inquiries or the size, location or complexity of the proposed project, the applicant shall be required to conduct a public inquiry workshop prior to the scheduling of a public hearing on the application at a location convenient to the site in question and appropriate for public assembly in Hernando County as follows:

(a)

The applicant shall provide sign notice by posting the property a minimum of ten (10) days prior to the scheduled workshop with a public inquiry workshop notice sign as supplied by the planning department. The sign notice hereunder shall be in addition to all other sign notice requirements under this article.

(b)

The applicant shall provide mail notice a minimum of ten (10) days prior to the scheduled public inquiry workshop giving the time, place and purpose of the meeting to each property owner within one thousand (1,000) feet of the parcel covered by the application based on the mail list generated by the property appraiser's office. The applicant shall provide the planning department a copy of the mail list and a notarized affidavit indicating that said notice was mailed. The mail notice hereunder shall be in addition to all other mail notice provisions under this article.

(c)

The applicant shall provide a citizen sign-in sheet and executive summary explaining what information was provided to the public at the meeting to the county accompanied by a notarized affidavit indicating that the list is an official record of attendance at the meeting. The citizen sign-in sheet and executive summary will become a part of the official application file.

(5)

Notice requirements for public hearing:

(a)

If a public hearing before the planning and zoning commission or board of county commissioners is required or requested by appeal hereunder, upon fixing a date for the public hearing the applicant shall provide sign notice by posting the property with a public notice sign as supplied by the planning department. The notice shall be posted in a conspicuous location at the front lot line at least ten (10) days prior to the scheduled hearing date. It is the responsibility of the applicant to ensure that the sign(s) are appropriately posted and remain on the property during the public hearing process in a legible condition. If the condition of the sign(s) deteriorate through the process, it shall be the responsibility of the applicant to repost the property at no cost to the county. Failure to maintain the signs in accordance with this section may result in a delay of the public hearing process. The applicant shall be responsible for removal of the sign(s) within ten (10) days of the date the decision on the applicant's application becomes final or the date of appeal of a commission or governing body decision for judicial determination, whichever comes first. Failure to timely remove any such sign(s) is prohibited.

(b)

Additionally, the planning department shall provide mail notice giving the time, place, and purpose of the public hearing to each property owner within five hundred (500) feet of the parcel covered by the application based upon the mail list generated by the property appraiser's office and furnished by the applicant. The notice shall be mailed at least ten (10) days prior to the scheduled public hearing date.

(c)

The applicant shall be responsible for all costs incurred in the notice procedure for the public inquiry workshop and the public hearing.

E.

Issuance of permit by the administrative official:

(1)

After the application and accompanying information has been received and processed by the development department, those applications submitted for conditional use permits with administrative official approval pursuant to paragraph 4(c) above, shall be approved or denied by the administrative official within fourteen (14) days, unless referred to the planning and zoning commission for review and action. The administrative official's decision may be appealed to the board of county commissioners.

(2)

All other applications for conditional use permits must be reviewed and acted upon by the planning and zoning commission.

(3)

No conditional use permit shall be issued for a period to exceed two (2) years unless otherwise specified in this ordinance [article]. However, conditional use permits may be renewed or extended upon reapplication.

(4)

All conditional uses must meet the minimum requirements of the county's land development regulations unless specific deviations are requested and approved.

(5)

All requests for a conditional use permit shall meet the requirements of this code for temporary uses and structures and adequate utility, refuse management, access, fire and similar facilities shall be available for the proposed use.

(6)

As a condition of approval of a conditional use permit, the applicant shall submit a sworn statement attesting to compliance with all applicable federal, state and local permit(s) and approval(s); in the alternative, the county shall impose a condition which prohibits commencement of construction or operations upon receipt (copy to the county) of all applicable federal, state and local permit(s) and approval(s). The affidavit shall be submitted in a form approved by the administrative official.

F.

Review by governing body. The governing body, by a majority vote, may decide to review any conditional use permit decision rendered by the planning and zoning commission.

The decision of the governing body to review such decision must be made within thirty (30) days of the rendering of the decision of the planning and zoning commission. If at least a majority (three (3) members) of the governing body do not vote to review the commission action within thirty (30) days, the commission decision shall be deemed final and subject only to review by circuit court.

The initial review of the decision by the governing body shall be at a public hearing held within sixty (60) days of the commission decision. Public notice, for this subsection, shall mean publication of notice of the time, place and purpose of such hearing one time in a newspaper of general circulation in the county, such publication to be at least five (5) days prior to such hearing. Mail notice and sign notice shall be provided in the same manner as the public hearing before the planning and zoning commission. Affidavit proof of the required publication and posting of the notice shall be presented at the hearing.

At the public hearing, the governing body may affirm, modify or reverse the decision of the planning and zoning commission.

(Ord. of 12-18-72, § II(1)(b); Ord. No. 76-2, § 21, 2-17-76; Ord. No. 81-1, § 2, 4-28-81; Ord. No. 86-18, § 3, 8-5-86; Ord. No. 92-15, § 3, 11-10-92; Ord. No. 96-19, § 19, 9-10-96; Ord. No. 97-3, § 8, 3-4-97; Ord. No. 99-14, §§ 16, 17, 7-6-99; Ord. No. 2001-06, § 12, 5-8-01; Ord. No. 2002-12, § 4, 7-23-02; Ord. No. 2003-02, § 12, 2-11-03; Ord. No. 2004-03, § 21, 2-24-04; Ord. No. 2004-11, §§ 17, 18, 8-3-04; Ord. No. 2005-01, § 4, 2-8-05; Ord. No. 2008-05, § XVIII, 2-26-08; Ord. No. 2013-8, § I, 3-12-13; Ord. No. 2013-12, § I, 4-23-13; Ord. No. 2016-18, § III, 11-8-16; Ord. No. 2019-3, § I, 10-8-19; Ord. No. 2020-7, § II, 8-25-20; Ord. No. 2024-15, § 3, 10-22-24)

The following provisions shall apply to appointees serving on the planning and zoning commission.

A.

Terms of office. The terms of office for members shall be four (4) years. Appointments to fill positions vacated or otherwise becoming open prior to completion of a term shall be made for the remainder of the term. In addition, the governing body shall appoint two (2) alternate members, designating them as such. Such alternate members may act only in the temporary absence or disability of any regular member.

B.

Removal from office, vacancies, officers, and rules of procedure. Removal of members from office, vacancies, officers, and rules of procedures for the commission shall be set forth in applicable laws, ordinances and county policies.

C.

Functions, powers, duties of commission. The commission's powers and duties and exercise of power shall be as set forth in any applicable statute or ordinance, or pursuant to direction of the governing body. Such duties shall include the responsibility for holding a public hearing on any proposed comprehensive plan, plan amendment, element or portion thereof, and for holding a public hearing on any proposed amendment to the text of the zoning ordinance or land development regulation that is substantive in nature i.e. involving the layout, setback, design, type, classification, location or siting of any new development or redevelopment), which hearing shall be separate and additional to any subsequent public hearings required or otherwise authorized before the LPA or any other committees established by the governing body. The commission may provide comments on the subject of such a public hearing to the LPA as the commission deems appropriate, provided that any such comments shall have no official standing with respect to final LPA review and governing body action. The planning director in his or her option may, but is not required to, bring any proposed amendment to the text of the zoning ordinance or land development regulation that is solely technical, process-orientated, or legal-related in nature before the commission to review and conduct a public hearing thereon.

(Ord. No. 76-2, § 21, 2-17-76; Ord. No. 81-8, § 2, 10-27-81; Ord. No. 2002-02, § 8, 2-12-02; Ord. No. 2006-08, § 1, 6-6-06)

The term of office for members of both the planning and zoning commission shall be standardized to begin on January 1 and end on December 31.

(Ord. of 12-18-72, § II(1)(b); Ord. No. 76-2, § 21, 2-17-76; Ord. No. 91-13, § 11, 7-2-91)

After holding a public hearing, Hernando County will adopt by resolution a fee schedule to cover the costs of administration of this ordinance.

No permit, certificate, or authorization shall be issued unless and until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the board, commission, or governing body, unless or until preliminary charges have been paid in full.

(Ord. of 12-4-72, § V(b)(1); Ord. No. 76-2, § 21, 2-17-76; Ord. No. 81-1, § 4, 4-28-81)

Special exception uses may be permitted in those zoning districts where designated by this ordinance but only when specifically approved by the planning and zoning commission in accordance with the provisions hereunder. All special exception uses shall be subject to the following regulations unless otherwise stated in this article.

A.

Powers and duties. In considering the granting of a special exception permit, the planning and zoning commission shall have the following powers and duties:

(1)

The Commission shall hear and decide on applications for special exception use permits; to decide such questions as are involved in the determination of when special exceptions should be granted; to grant special exceptions with appropriate conditions and safeguards; to deny special exceptions when not in harmony with the purpose and intent of the Land Development Regulations.

(2)

In granting any special exception, the Commission shall find that such grant will not adversely affect the public interest.

(3)

In granting any special exception, the Commission may prescribe appropriate conditions and safeguards in conformity with the Land Development Regulations. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance.

(4)

If a developer fails to obtain a building permit for the vertical construction of the principal or primary building within a period of not more than two (2) years from the approval date or the special exception use is not established during this period, then the special exception use permit shall be null and void.

(5)

Where deemed appropriate by the Commission, an application for a special exception may be approved as a conditional use subject to the limitations and requirements thereof, including reasonable time limits on such use.

B.

Special exception general standards. All special exception uses shall be subject to the following regulations:

(1)

Uses. A special exception use shall be used for only those buildings, uses and accessory buildings specifically indicated, and shall not exceed the maximum size, density, intensity, number of units or other measurement or limiting factors so indicated, in the approval of the special exception use.

(2)

Compatibility. The tract of land must be suitable for the type of special exception use proposed by virtue of its location, shape, topography and the nature of surrounding development.

(3)

Standards. Required standards and regulations for special exception uses and buildings are as follows:

(a)

All special exception uses shall be subject to the general regulations for structures and uses, lots and yards and vehicles contained in this ordinance for principal building and single lot development as well as the specific dimension and area regulations for lots and structures in the specific zoning district in which the special exception use is proposed.

(b)

Minimum lot frontage on a street shall be sufficient to permit properly spaced and located access points designed to serve the type of special exception use proposed. The proposed use shall not attract inappropriate traffic volumes, noise or congestion. Wider spacing between access points and intersection street right-of-way lines should be required when the lot has more than the minimum required frontage on a street. All access points shall be specifically approved by the administrative official.

(c)

All buildings should be located an adequate distance from all property lines and street right-of-way lines. Greater building setback lines should be required when the lot has more than the minimum lot area required or when deemed necessary to protect surrounding properties.

(d)

Landscaped separation shall be provided along all property lines and along all streets serving the premises in conformance with the Hernando County Community Appearance Ordinance and as required by the planning and zoning commission. The premises shall be permanently screened from adjoining and contiguous properties by a wall, fence, evergreen hedge and/or other approved enclosure when deemed necessary to buffer the special exception use from surrounding areas.

(e)

The use shall be of a similar architectural scale to existing neighborhood development or take advantage of an existing building for its purposes.

(f)

Visual and functional conflict between the proposed use and nearby neighborhood uses, if existent, shall be minimal.

(g)

For special exception uses on local streets, traffic generation rates and traffic distribution rates associated with the proposed use will be reviewed to determine whether they exceed those typically associated with local street traffic.

(4)

Signs permitted: Sign location and size shall be indicated on the site plan submitted with the special exception use permit. The planning and zoning commission may approve signage up to the maximum allowed in the land development regulations regarding signs.

(5)

Special exception runs with the land. A special exception applies to the property for which it is granted and not to the individual who applies for it. A special exception which has not been discontinued as provided for herein, voluntarily relinquished by the property owner or has become void by operation of law is transferable to any future owner of the land, but it cannot: (i) be transferred by the applicant/property owner to a different site; (ii) be expanded as to size, density, intensity, number of units or other measurement or limiting factor(s) imposed in connection with its original approval; (iii) be changed as to approved use, or (iv) have new uses added, Further, the special exception shall become null and void if the parcel of land granted the special exception is reduced in size from the original approval size, the use for which the special exception is granted is discontinued for a period of two (2) consecutive years or the property owner voluntarily relinquishes the special exception use by notifying the county in writing. Nothing herein shall prevent a property owner that has lost, discontinued or relinquished any special exception use from reapplying by filing a new application and paying all required fees.

(6)

Expansion/change of special exception use. Any expansion of a special exception use as to size, density, intensity, number of units or other measurement or limiting factors imposed in connection with its original approval or any change of approved use or any addition of a new use will be treated as a new application, with the property owner filing a new application and paying all required fees in accordance with this article, and subject to public hearing and approval.

C.

Special exception uses:

(1)

The following special exception uses may be approved in all zoning districts:

(a)

Educational facilities.

(b)

Noncommercial amusement facilities.

(c)

Cemeteries.

(d)

Hospitals.

(e)

Nursing care homes.

(f)

Places of public assembly.

(g)

Child care facilities (more than five (5) children unrelated to the operator).

(h)

Substance-abuse rehabilitation facilities.

(i)

Congregate care homes and facilities.

(j)

Community residential homes which do not meet the exemption requirements.

(k)

Charitable organizations.

(l)

Distribution electric substations that distribute electricity through lines less than sixty-nine (69) kilovolts in size.

(2)

Specified zoning districts. Other special exception uses may be approved in only those zoning districts where they are designed as special exception uses under the zoning district regulations of this ordinance.

D.

Application procedure:

(1)

This provision shall govern all applications for a special exception use permit:

(a)

The application for a special exception use permit shall be in the form prescribed by the planning department and shall include a site plan (which, at a minimum, depicts the proposed special exception use in relation to the parcel of property on which it is to be located and adjoining properties, parking, access, buffers).

(b)

The application shall be signed by the property owner or accompanied by an affidavit of written permission by the property owner of record and shall include payment of any applicable application fees.

(c)

A public contact person must be designated on the application. The public contact person will be required to answer questions and provide information regarding the request to the public.

(d)

Depending upon the size, location or complexity of the requested special exception, planning department staff may request additional information. It is the ultimate responsibility of the property owner or designated agent to ensure that the application is complete and sufficient and all requested information and materials have been provided to county staff.

(2)

The applicant, upon being first advised by the planning department that the application is incomplete or insufficient, shall have a total of one hundred and eighty (180) days to correct all completeness and sufficiency deficiencies. If the applicant fails or refuses to correct such deficiencies within this period, the said application shall be deemed abandoned and void. Any applicant whose application is declared abandoned or void under this provision may re-file such application at a subsequent date, without prejudice, upon payment of all required fees and submitting a complete and sufficient application.

(3)

Upon an applicant being advised by the planning department that the application is complete and sufficient, a public hearing shall be promptly scheduled at the next available planning and zoning commission meeting allowing sufficient time for public notice and advertising. At the request of the commission, the governing body or the applicant, any scheduled public hearing may be continued until a date certain (which date shall be set by the commission or the governing body, respectively, in their sole discretion). Notwithstanding the foregoing, the commission shall render a decision on the merits of the application within one hundred and eighty (180) days of the applicant being advised that the application is complete and sufficient. It shall be the responsibility of the applicant to ensure that its application is scheduled and acted upon in a timely fashion. Any application not acted on by the commission within said one hundred and eighty (180) day period shall be deemed abandoned and void, and such application shall be closed out by the planning department with no refunds of any fees paid by the applicant. Any applicant whose application is declared abandoned or void under this provision may re-file such application at a subsequent date, without prejudice, upon payment of all required fees and submitting a complete and sufficient application.

E.

Public inquiry workshop.

(1)

Upon determination of need by the County staff based upon the number of public inquiries or the size and complexity of the proposed project, the applicant shall be required to conduct a Public Inquiry Workshop prior to the scheduling of a public hearing on the application at a location convenient to the site in question and appropriate for public assembly in Hernando County as follows.

a.

The applicant shall provide sign notice by posting the property a minimum of ten (10) days prior to the scheduled workshop with a Public Inquiry Workshop notice sign as supplied by the planning department. The sign notice hereunder shall be in addition to all other sign notice requirements under this article.

b.

The applicant shall provide mail notice a minimum of ten (10) days prior to the scheduled Public Inquiry Workshop, giving the time, place and purpose of the meeting to each property owner within one thousand (1,000) feet of the parcel covered by the application based on the mail list generated by the Property Appraiser's Office. The applicant shall provide the planning department a copy of the mail list and a notarized affidavit indicating that said notice was mailed. The mail notice hereunder shall be in addition to all other mail notice provisions under this article.

c.

The applicant shall provide a Citizen Sign-in sheet and executive summary explaining what information was provided to the public at the meeting to the County accompanied by a notarized affidavit indicating that the list is an official record of attendance at the meeting. The Citizen Sign-In sheet and executive summary will become a part of the official application file.

(2)

The applicant shall be responsible for all costs incurred in the notice procedure for the public inquiry workshop and the public hearing.

F.

Required notice for public hearing:

(1)

Publication notice. The county administrator or designee shall cause a notice of the time, place and purpose of a special exception hearing to be published in a newspaper of general circulation in the county at least ten (10) days in advance of the hearing.

(2)

Mail notice. The planning department shall provide mail notice giving the time, place, and purpose of the public hearing to each property owner within five hundred (500) feet of the parcel covered by the application based upon the mail list generated by the Property Appraiser's Office and furnished by the applicant. The notice shall be mailed at least ten (10) days prior to the scheduled public hearing date.

(3)

Sign notice. The applicant shall provide sign notice by posting sign(s) on the proposed special exception parcel at least ten (10) days in advance of the public hearing.

(a)

Such sign shall have the size, shape, design and color determined by the county administrator or designee. The following information shall be printed or otherwise made to appear on the sign:

PUBLIC NOTICE
SPECIAL EXCEPTION HEARING
PLANNING AND ZONING COMMISSION
HERNANDO COUNTY, FLORIDA
(insert date, meeting time, and location)
PROPOSED SPECIAL EXCEPTION
(description of special exception)

(b)

The sign(s) furnished by the county administrator or designee shall be posted by the applicant along each front lot line with the bottom of the sign at least three (3) feet above grade on the property being considered for a special exception. The sign cards shall be posted at the outer property line along the road or street frontage and shall be clearly visible. If the frontage is in excess of three hundred (300) feet, posting of the signs shall be determined by the county administrator or designee. In cases where the property does not have frontage on a road, the sign cards shall be posted at the property corners and where the access road intersects with the nearest county road.

(c)

After the signs are posted, the applicant shall prepare an affidavit certifying that the required signs were posted, including a description of the parcel of land on which the signs were placed. This affidavit must be filed with the County Administrator or designee prior to the public hearing. The County Administrator or designee shall make affidavit forms available for use by the applicant. It is the responsibility of the applicant to ensure that the sign(s) are appropriately posted and remain on the property during the public hearing process in a legible condition. If the condition of the sign(s) deteriorate through the process, it shall be the responsibility of the applicant to repost the property at no cost to the county. Failure to maintain the signs in accordance with this section may result in a delay of the public hearing process. The applicant shall be responsible for removal of the sign(s) within 10 days of the date the decision on the applicant's application becomes final or the date of appeal of a commission or governing body decision for judicial determination, whichever comes first. Failure to timely remove any such sign(s) is prohibited.

G.

Fees. The applicant shall pay all costs and expenses in connection with public notice of such hearing and related notices in addition to any other fee required for administration.

H.

Rejected special exception use permit: The commission may refuse to review any proposed special exception use permit which has been rejected by the commission within the past twelve month period. For purposes of this section, a special exception use permit request for the same land use classification will not be scheduled within the twelve month time period without approval by the commission. An applicant must make a written request to the commission for review and decision at a public meeting as to whether the commission wishes to hear the request within the twelve-month period.

I.

Review by governing body. The governing body, by a majority vote, may decide to review any special exception decision rendered by the planning and zoning commission.

The decision of the governing body to review such decision must be made within thirty (30) days of the rendering of the decision of the planning and zoning commission. If at least a majority (three (3) members) of the governing body do not vote to review the commission action within thirty (30) days, the commission decision shall be deemed final and subject only to review by circuit court.

The initial review of the decision by the governing body shall be at a public hearing held within sixty (60) days of the commission decision. "Public notice," for this subsection, shall mean publication of notice of the time, place and purpose of such hearing one time in a newspaper of general circulation in the county, such publication to be at least five (5) days prior to such hearing, and such notice shall be posted in a conspicuous place or places on or around such lots, parcels or tracts of lands as may be involved in the hearing. Mail notice and sign notice shall be provided in the same manner as the public hearing before the planning and zoning commission. Affidavit proof of the required publication shall be presented at the hearing.

The board of county commissioners by motion or written request of the applicant, any party with standing or by its own motion may extend or continue for a reasonable period, the time frames mentioned above. The board also has the authority to continue, on its own motion, to a later date a final decision on any special exception matter pending before it for review.

At the public hearing, the governing body may affirm, modify or reverse the decision of the planning and zoning commission.

The decision of the board reviewing any special exception decision rendered by the planning and zoning commission is final and any affected party has thirty (30) days from the rendition of the board of county commissioner's final decision to appeal to the circuit court by certiorari the board's final decision.

(Ord. No. 91-13, § 8, 7-2-91; Ord. No. 96-19, § 20, 9-10-96; Ord. No. 97-3, § 9, 3-4-97; Ord. No. 99-02, § 5, 2-2-99; Ord. No. 99-13, § 3, 7-6-99; Ord. No. 99-14, § 18, 7-6-99; Ord. No. 2001-24, §§ 12, 13, 12-18-01; Ord. No. 2003-02, §§ 13, 14, 2-11-03; Ord. No. 2004-11, §§ 19, 20, 8-3-04; Ord. No. 2005-01, § 6, 2-8-05; Ord. No. 2008-05, § XIX, 2-26-08; Ord. No. 2009-18, § IV, 12-8-09; Ord. No. 2013-11, § I, 4-23-13; Ord. No. 2016-18, § IV, 11-8-16)

All powers, duties and authority of the board of zoning adjustment and appeals in any and all Hernando County ordinances shall henceforth be assigned to the governing body.

(Ord. No. 91-13, § 10, 7-2-91; Ord. No. 93-30, § 10, 12-21-93)

[Ratification of Temporary Moratorium] On June 14, 2011, the Board of County Commissioners of Hernando County enacted Ordinance 2011-9 and established a Temporary Moratorium concerning the establishment, opening, and operation of new Pain Management Clinics and the expansion of existing Pain Management Clinics within unincorporated Hernando County. The moratorium established by Ordinance 2011-9 is incorporated herein by this reference, is hereby ratified, and shall terminate on June 14, 2012 according to its own terms. (footnote ###):

Footnote ###. The text of Section 21-235, operative from June 14, 2011 to June 14, 2012, is set forth below:

Sec. 21-235. - Certificate of use required; temporary moratorium on new pain management clinics and expansion of existing pain management clinics.

(a) No pain management clinic, as defined in this article, may operate in unincorporated Hernando County, nor may any person operate a pain management clinic in unincorporated Hernando County without first obtaining a pain management clinic certificate of use issued by the department pursuant to this article; except any pain management clinic, operating in Hernando County as of the effective date of this article, who has filed a complete application and paid all requisite fees within ninety (90) days from the effective date of this article may continue operating until the department renders a decision to either grant or deny the certificate of use and notifies the applicant of its decision. The clinic must obtain its certificate of use, if approved, from the department within ten (10) business days of notification by the department. Certificates of use shall be granted only for clinics that have satisfied all requirements of this article including the payment of the applicable application and certificate of use fees.

(b) Each pain management clinic shall stand alone and shall require its own certificate of use.

(c) In order to allow the department time to process the applications of all pain management clinics operating in unincorporated Hernando County as of the effective date of this article and to allow staff time to examine and develop criteria regarding the future siting of pain management clinics, no new pain management clinics may open or operate in Hernando County or make application for a pain management clinic, and no existing pain management clinic may expand for the shorter of (i) twelve (12) months from the effective date of this article or (ii) the enactment of a new ordinance by the board. For purposes of this provision, "new" shall mean not previously operating as a pain management clinic within unincorporated Hernando County (at the same location where the certificate of use is sought) as of the effective date of this article.

(d) Beginning on the effective date of this article, the board hereby imposes a moratorium on the issuance of certificates of use, zoning approvals, (including building permits) and development approvals of any kind for the establishment, location or expansion of pain management clinics on any property located in unincorporated Hernando County for the shorter of (i) twelve (12) months from the effective date of this article or (ii) the enactment of a new ordinance by the board. However, this moratorium shall not apply to the issuance of a certificate of use for a pain management clinic in existence as of the effective date of this article and which has timely submitted a complete and unexpired application in accordance with subsection (a) above.

(Ord. No. 2012-7, § IV, 6-12-12)