§ 3. Definitions.

The words defined below are words which have special or limited meanings as used in this ordinance and might not otherwise be clear. Words whose meaning is self-evident as used in this ordinance are not defined here. Words used in the present tense shall include the future; the singular includes the plural, and vice versa; the word "shall" is mandatory; the word "may" is permissive.

1.

Accessory building: A separate detached building, the use of which is customarily incidental to that of the principal building on the same lot. Detached shall be construed to mean structurally detached; not having a common wall.

2.

Accessory use: A use customarily incidental to the principal use of the property.

3.

Agricultural building or structure: Any building or structure accessory to the principal farming, forestry, fisheries, animal specialty farm or hunting, trapping and game propagation use of the land.

4.

Airport: Any area of land or water, or any manmade object or facility located thereon, which is used or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport buildings and facilities located thereon.

5.

Altered: Any change or addition to the load-bearing members or the foundation of a structure.

6.

Antenna: A device attached to a structure which is used for the transmission and/or receiving of radio, television, microwave, cellular, personal communication services or radar or any similar communication purpose. For the purposes of this ordinance, antennas utilized for noncommercial use shall be excluded.

7.

Antenna array: One or more antennas located on the same structure and at the same height.

8.

Apartment building: A multi-family dwelling consisting of three (3) or more dwelling units in a single building primarily used as rentals property but may include limited convenience good stores.

9.

Applicant: A person who applies for any zoning permit or development approval under this zoning ordinance including but not limited to requests for conditional use permits, appeals, variances, special exception uses, zoning amendments, and master plan approvals. The applicant shall be the current property owner of record or such person duly authorized to act on behalf of the owner. "Petitioner" may be used interchangeably with "applicant" as the context dictates.

10.

Aquaculture: The cultivation of aquatic animals and plants, especially fish, shellfish, and seaweed, in natural or controlled marine or freshwater environments.

11.

Automobile and truck rental establishments: A premises, or portion of a premises, occupied by an establishment primarily engaged in renting or leasing passenger automobiles and/or trucks without drivers to meet the needs of the ultimate consumers.

12.

Automobile parking establishments: A premises, occupied by an establishment primarily engaged in providing commercial parking facilities on open air lots and/or structures for relatively short periods of time directly to meet the needs of ultimate consumers normally for a fee or charge.

13.

Bed and breakfast establishments: An owner or lessee occupied single family, two-family, mobile home, or multiple family dwelling unit which provides lodging and the breakfast meal on a daily basis. Bed and breakfasts are characterized by common open space and common dining facilities for guests only with sleeping units for rent with private or common restroom facilities. Generally bed and breakfast establishments are situated where resources unique to the area are located. A bed and breakfast shall be compatible with any adjacent dwellings in the neighborhood. Signage shall not exceed four (4) square feet in size. Parking will be provided at a rate of one space per one sleeping room and it shall be buffered to blend into the area. The appearance and atmosphere of a bed and breakfast is intended to convey a feeling of being in a home rather than an institutional environment.

14.

Boarding or rooming house: A building, or portion of a building, in which five or more sleeping rooms are provided for occupancy by nontransient persons with or without meals for compensation on a prearranged weekly or monthly basis. A boarding or rooming house may include living quarters containing independent cooking facilities designed for the resident manager only.

15.

Bottle club: A bottle club is an alcoholic beverage dispensation establishment that is operated for profit, whether or not a profit is actually made, in which alcoholic beverages are not sold but where patrons are allowed to consume alcoholic beverages on the premises.

16.

Building: Any structure which fully encloses space for the occupancy by person or their activities.

17.

Building area: The total ground area, taken on a horizontal plane at the mean grade level, of each building and accessory building but not including uncovered entrance platforms, terraces, steps, pools and screened enclosures.

18.

Building heights: The vertical distance measured from the established mean grade at the front building line to the highest point of the building.

19.

Building line: A line drawn parallel to the front lot line and tangent to the nearest part of the principal building and extending from side lot line to side lot line.

20.

Call Center: A business facility that primarily handles transactions, sales, service, administrative or technological support by telephone, computer or similar communication medium and does not otherwise generate public or outside traffic.

21.

Camouflaged Antenna: An antenna or antenna array designed to appear as part of an existing structure and not readily apparent to be an antenna.

22.

Camouflaged Tower: A communication tower designed to appear as an object such as a church steeple, tree, building facade or other such object.

23.

Certificate of use: A certificate, required by appropriate authority under the provisions of this ordinance, which authorizes the occupancy of a structure or premises and is required prior to occupancy, change of use and under other specific conditions.

24.

Charitable organizations: non-profit service organization involved with charitable services including distribution of goods, foods and services. Administrative offices are included in conjunction with the operation of the charitable organization.

25.

Collocation: The locating of one or more antenna arrays and support structures on either an existing communication tower or an existing structure.

26.

Commercial Equipment: truck trailers, construction equipment, lawn equipment and similar devices utilized for commercial purposes.

27.

Commercial Vehicles:

a.

A vehicle with a gross vehicle weight in excess of 10,000 pounds and utilized for commercial purposes; or,

b.

A van with a width of more than eighty (80) inches and utilized for commercial purposes; or,

c.

A vehicle with a gross vehicle weight of less than 10,000 pounds that has been modified with a utility body, tank or other similar commercial attachments, and utilized for commercial purposes.

2*.

Commercial vessel:

(a)

Any vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or any vessel licensed pursuant to section 370.06, Florida Statutes from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale either to the consumer, retail dealer, or wholesale dealer.

(b)

Any vessel engaged in any activity wherein a fee is paid by the user, either directly or indirectly, to the owner, operator, or custodian of the vessel.

29.

Commission: The Hernando County Planning and Zoning Commission.

30.

Communication Tower: A structure, used for the purpose of elevating an antenna, placed on a foundation or existing structure and constructed to a given height for radio, television, microwave, cellular, personal communication services or radar or any similar communication purpose. For the purposes of this ordinance, communication towers utilized for noncommerical use shall be excluded.

31.

Community center: Public assembly facility designated for use by all members of the surrounding community.

32.

Community residential home : A dwelling unit licensed to serve residents* who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Family Services or a dwelling unit licensed by the Agency for Health Care Administration which provides a living environment for up to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents as defined in s. 419.001, Florida Statutes, as such section may be amended or renumbered from time to time. *For purposes of this definition, the term "residents" means any of the following: a frail elder as defined in s. 429.65; a physically disabled or handicapped person as defined in s. 760.22(7)(a); a developmentally disabled person as defined in s. 393.063; a nondangerous mentally ill person as defined in s. 394.455(18); or a child as defined in s. 39.01(14), s. 984.03(9) or (12), or s. 985.03, Florida Statutes, as such sections may be amended or renumbered from time to time. To be recognized by the County as a Community residential home eligible as a permitted use within certain residential zoning districts, the home must have 6 or fewer residents and the criteria in Article III of this zoning code must be satisfied.

33.

Conditional Use: A conditional use is intended to be utilized as a special permit which temporarily allows uses not otherwise permitted by this ordinance. A conditional use is not a matter of right. It is a discretionary approval by the Commission.

34.

Congregate Care Homes and Facilities: A facility, single family, multifamily residence or other dwelling unit utilized for profit or not which provides 24-hour congregate care but which does not fall within the definition of a Community residential home or a Nursing care home. Congregate care includes but is not limited to, the provision of housing, food, personal services, limited nursing or mental health services. The congregate care home or facility is intended to convey a "family-type" living environment. The occupants of a congregate care home or facility are not related to the owner or manager by blood or marriage and are typically ambulatory. Examples of a congregate home or facility include adult family care homes, homes for special services, transitional living facilities, adult day care homes, and assisted living facilities.

35.

Construction and Demolition Debris: Discarded materials generally considered to be not water soluble and non-hazardous in nature resulting from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure or the debris from a land clearing operation. On site disposal of land clearing debris from an agricultural or mining operation is not considered construction and demolition debris.

36.

Construction and Demolition Debris Landfill: A solid waste disposal facility which is designed, sited and operated to accept and dispose of construction and demolition debris through burial. Such a facility can be located either on-site or off-site of the property where the construction and demolition debris is generated.

37.

County clerk: The Clerk of the Circuit Court or other appropriate and duly designated public recording officer for Hernando County, Florida.

38.

Day: Any reference to ' day ' or ' days ' shall refer to a calendar day or calendar days unless otherwise specified; a specific reference to ' work days ' shall refer to all calendar days less weekends and holidays observed by the county. When any act is required to be performed within a certain number of days, for purposes of computation of time, the first day will be excluded and the last day included unless the last day falls on a weekend or holiday observed by the county in which event the time for performance will be calculated from the next subsequent day which is not a weekend or a holiday observed by the county.

39.

Dimensional variance: A departure from the terms of this ordinance pertaining to height, width, depth and area of structures and size of yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the actions of the applicant, the literal enforcement of this ordinance would result in unnecessary and undue hardship.

40.

Dormitory, fraternity house or sorority house: A building in which sleeping rooms are provided for occupancy by, and maintained as a place of residence exclusively for, students affiliated with an academic or professional college or university, with or without meals, and when approved and regulated by such institution. A dormitory, fraternity house or sorority house may include living quarters containing independent cooking facilities designed for the resident manager only.

41.

Drive-in restaurant: An eating and drinking establishment designed primarily to provide for the quick, efficient and convenient ordering and dispensing of food and/or beverages to automobile oriented customers. Such establishments normally contain very little indoor eating space and few tables and normally specialize in carry-out purchases which are often consumed on the premises outdoors, within automobiles or off the premises entirely. Off-street parking and automobile access to the premises normally constitutes a major service factor in the function of the establishment.

42.

Dry cleaning establishment: A building, or portion of a building, occupied by an establishment engaged in retail drycleaning services for the general public.

43.

Dwelling: A building containing one or more dwelling units each of which provides shelter, sanitation and the amenities for permanent human habitation. A dwelling does not include hotels, motels, boarding or rooming houses, dormitories, fraternity or sorority houses, lodging houses, guest cottages, nursing care homes, mobile homes, travel trailers or any temporary lodging, boarding or rooming building or structure designed for transient residence.

44.

Dwelling, resort: A single family, multi-family, or townhouse dwelling which is leased or purchased, offered for lease or purchase or advertised for lease or purchase on a daily, weekly, monthly, or seasonal basis for tourist or resort usage. The following, either singularly or in combination with others, shall create a presumption of a usage as a resort dwelling:

A.

When in combination with either subsection B, C, D or E below, the leasing or purchase of a dwelling for periods of three (3) months or less for two (2) or more times during a calendar year;

B.

The offering for lease or purchase of a dwelling for daily, weekly, monthly, or seasonal basis;

C.

The advertising for lease or purchase of a dwelling for a daily, weekly, monthly, or seasonal basis;

D.

The leasing or purchasing of a dwelling for daily, weekly, monthly, or seasonal periods as a commercial enterprise involving centralized management, the conducting of a reservations system and/or the providing of maid or laundry services;

E.

The leasing or purchasing of a dwelling for daily, weekly, monthly or seasonal usage by more than a single family.

45.

Dwelling unit: The dwelling accommodations designed for one-family unit maintaining separate and independent housekeeping including at least one kitchen. A dwelling unit shall not be construed to mean a sleeping unit.

46.

Easement: A legally defined right of passage or use across a specified property. An easement may allow for access, placement of utilities, drainage, other purposes, or any combination of these uses.

47.

Eating and drinking establishments: A building, or portion of a building, occupied by an establishment in which a person, or persons, practice a vocation that performs a type of labor, act or work that primarily results in the preparation and retail sale of food and/or beverages directly to ultimate consumers on the premises and not for resale.

48.

Excavation: The severance of more than ten (10) cubic yards of soil, top soil, fill, fill dirt, sand, or clay.

49.

Facade: the front of a building and/or any of its sides facing a public right-of-way whose side is predominantly visible from a public right-of-way, public park or facing an adjacent residential land use.

50.

Fall Radius: The area in which a communication tower is designed to fall as measured from its base.

51.

Family: One or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit.

52.

Floor area: The total floor area of all stories including halls, stairways, elevator shafts, and other related uses, measured to outside faces of exterior walls.

53.

Fraternal organization: Service and social oriented club or organization founded on the concepts of brotherhood.

54.

Full-cutoff light fixture: a light fixture designed such that no light is projected at or above a 90-degree plane running through the lowest point on the fixture where the light is emitted and less than ten percent (10%) of the rated lumens are projected between 90-degrees and 80-degrees.

55.

Governing Body: The County Commission for Hernando County, Florida.

56.

Government uses and structures: Any land, building, structure, uses or activity that is owned and operated by the City, County, State or Federal Government or legally empowered special governmental district and is necessary to the conduct of government, the furnishing of public services or of an institutional character and over which such governments exercise direct and complete control.

57.

Guyed Tower: A communication tower anchored by guy wires.

58.

Hazardous: Those structures, uses, materials or premises that constitute fire, explosion or safety hazard and/or emit any atmosphere or environmental pollutant, light flashes, noxious gases, electromagnetic interference, radioactive emissions, smoke or heat, glare, dust, dirt, odor, noise or vibrations which may be heard or felt off the premises.

59.

Heavy: Those uses which are hazardous although the maximum public and private safety precautions have been taken and the most stringent performance standards have been met and/or those uses whose premises do contain outdoor or open storage or above-ground tank storage of merchandise, products or materials or any outdoor or open storage of equipment, materials or other items utilized by such establishments in practicing their vocation or occupation except for automobiles and delivery trucks.

60.

Heavy motor freight transportation establishments: Those motor freight transportation establishments which are hazardous although the maximum public and private safety precautions have been taken and the most stringent performance standards have been met and/or those motor freight transportation establishments whose premises do contain outdoor or open storage or above-ground tank storage of merchandise, products or materials.

61.

Home occupations: The authorized incidental business use of a dwelling unit, by right, in compliance with the limitations set forth in Article III, Section 3., Paragraph L.1. ( Limited Business Activities - by right), or the authorized incidental business use of a dwelling unit obtained by approval of a Special Exception, pursuant to Article V, Section 8, and the criteria and standards set forth in Article III, Section 3., Paragraph L.2. ( Limited business activities - by exception ).

62.

Horse Show: A competition involving persons and equines where participants display skills in events such as, but not limited to, dressage, cantering and trotting, in which there is a gate, parking and/or admission fee.

63.

Hotel: A building or portion of a building, containing sleeping units which have no cooking facilities or other amenities for separate and independent housekeeping purposes and are occupied on a daily or short term basis. A hotel may include living quarters containing independent cooking facilities designed for the resident manager only and/or restaurant facilities.

64.

Land area: The total land area within the property lines.

65.

Land development regulations: Includes all ordinances enacted by the governing body for the regulation of any aspect of development and includes any county zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land or enacted in furtherance of s. 163.3202, Florida States, as such section may be amended or renumbered. The county's land Development Regulations includes those chapters and provisions listed in Chapter 23, Article VII, of the Hernando County Code of Ordinances and which this Appendix A is a component thereof.

66.

Land use intensity: The overall structural-mass and open-space relationship in a developed property. It correlates the amount of floor area, livability space, recreation space and car storage of a property with the size of its site or land area.

67.

Large Retail Project: Any new commercial retail project, whose total gross building area equals or exceeds 25,000 square feet, specifically mercantile uses, and or shopping center uses. For the purpose of determining building area, multiple buildings located closer than 20 feet together shall be considered one building.

68.

Lattice Tower: A self-supporting communication tower with three or more sides of an open-framed construction.

69.

Laundromats—Self-service or coin-operated: A building, or portion of a building, occupied by an establishment designed for on-site retail laundry service, coin-operated and/or laundry pick-up and drop-off services. Laundromats may provide pick-up and drop off for drycleaning services; however, no actual drycleaning service or work is performed on the premises except for the collecting and distributing activities stated above.

70.

Laundry and drycleaning plants: A building, or portion of a building, occupied by an establishment primarily engaged in the commercial operation of mechanical laundries with steam or other power normally for a fee or charge and including rug cleaning, drycleaning or dyeing apparel and household fabrics or establishments supplying laundered linens, work clothing, diapers, baby linens or uniforms on a contract basis when such establishments operate their own laundry facilities on the same premises. The establishment normally involves a substantial amount of equipment and serves a relatively large trade area through direct or indirect pick-up and delivery of laundry and drycleaning articles by personnel employed by the establishment.

71.

Light: Those uses which are nonhazardous and whose premises do not contain any outdoor or open storage or above ground tank storage of merchandise, products or materials or any outdoor or open storage of equipment, materials or other items utilized by such establishments in practicing their vocation or occupation except for automobiles and delivery or service trucks.

72.

Light motor freight transportation establishments: Those motor freight transportation establishments which are nonhazardous and whose premises do not contain any outdoor or open storage or above-ground tank storage of merchandise, products or materials.

73.

Light Source: A complete lighting unit consisting of a lamp and all necessary mechanical, electrical and decorative parts, such as reflectors (mirrored enclosures surrounding the lamp), refractors (glass or plastic enclosures surrounding the lamp) and lenses, designed to direct light rays.

74.

Lodging house: A building in which up to four sleeping rooms are provided for occupancy by nontransient persons with or without meals for compensation on a prearranged weekly or monthly basis. A lodging house may include living quarters containing independent cooking facilities designed for the resident manager only.

75.

Lot: A parcel or land under one ownership occupied by or to be occupied by one principal building and its accessory buildings and including the open spaces and yards required under this ordinance.

A.

Lot line: The boundary dividing a lot from a right-of-way, adjoining lot, or other adjoining tract of land.

a.

Front lot line: The lot lines abutting street right-of-way lines or points of access.

b.

Rear lot line: The lot line opposite the front lot line.

c.

Side lot line: Lot lines other than the front or rear lot lines.

B.

Corner Lot: A lot which abuts on two or more intersecting streets at their intersection.

C.

Double frontage lot: Any lot other than a corner lot which abuts on two streets.

D.

Lot of record: A lot which is duly recorded in the Office of the Clerk of the Circuit Court.

76.

Mail List: A list which has been prepared and compiled by the Hernando County Property Appraiser's Office which lists all current property owners of record within a given radius from the property line of the subject parcel. The applicant shall be responsible for paying the Property Appraiser's Office for the costs associated with the preparation of the mail list. A mail list is a prerequisite to the mail notice required preceding a public workshop or hearing on any proposed request for a variance, conditional use permit, special exception use, zoning amendment, or other approval requiring a hearing under this zoning code.

77.

Mail Notice: The act of mailing notice, via U.S. first class mail, to the surrounding property owners identified in a mail list in connection with the county conducting a public workshop or hearing on any proposed request for a variance, conditional use permit, special exception use, zoning amendment, or other approval requiring a hearing under this zoning code. The mail notice shall, at a minimum, advise the recipient of the nature and location of the proposed request and the time, place and purpose of any public workshop or hearing in which the proposed request will be discussed.

78.

Manufactured Building: means a closed structure, building assembly, or system of subassemblies which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. This does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site for installation or assembly and installation on the building site. (Chapter 553, F.S.)

79.

Manufacturing: A premises, or portion of a premises, occupied by an establishment primarily engaged in the processing of materials, products or personal property for sale, resale or other processing charge normally for the wholesale market, for interestablishment transfer, or to order for other processors, rather than for direct retail sale to the domestic consumer. Processing refers to the mechanical or chemical transformation of inorganic or organic substances into new products and usually includes the use of power driven machines and materials handling equipment. Processing includes the assembling of component parts of processed products if the resulting new product is neither a structure nor other fixed improvement. The final product of processing may be "finished" in the sense that it is ready for utilization or consumption, or it may be "semi-finished" to become a raw material for an establishment engaged in further processing. Processing also includes the making, packaging or any other similar activity that results in the creating or changing the form of materials, products or personal property including any major specialized cleaning or reconditioning operation or any other similar major original or restorative treatment. The term manufacturing does not include the fabricating operations performed at the site of construction by construction service establishments nor the incidental and accessory minor processing operation performed by retail sale, service and repair establishments and other domestic consumer and business operation customer establishments so defined by this ordinance provided, however, that such processing is performed as a specialized aid, assistance or customer service intended for the directly incidental to the needs of ultimate consumers served on the premises or as a customer service directly for the domestic consumer and business operation customer served by the establishment or if all products processed are sold at retail directly to ultimate consumers on the premises and not for resale.

80.

Meeting hall: A building designed to serve as a meeting place for social clubs, fraternal organizations, civic clubs, service clubs, student or youth clubs or other groups or organizations. Meeting halls may contain office space, germane to the activity, and may also contain kitchen facilities to be used in conjunction with gatherings and may contain one (1) dwelling unit for caretaker or night watchman.

81.

Mining, Mining Activity or Mining Operation:

(1)

Any activity or process constituting all or part of a process for the severance of sand, clay, unconsolidated or consolidated minerals for the purposes of sale, use as a raw material, or use off-site. (This does not include the mining of unconsolidated materials conducted pursuant to County Excavation rules); or,

(2)

The preparation, crushing, washing, cleaning, screening, processing, flotation or other treatment of solid minerals in association with the severance of an area so as to make them suitable for commercial, industrial or construction use.

(3)

It shall not include plants engaged in processing minerals produced elsewhere or plants engaged in manufacturing or processing as defined by the zoning ordinance or its successor.

82.

Mobile home: Means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Development. (Chapter 553, F.S.)

83.

Mobile home park: A premises or tract of land prepared and approved according to the procedures of this Ordinance to accommodate mobile homes where the sale of lots is not involved.

84.

Monopole Tower: A communication tower which consists of a single pole.

85.

Motel: A building, or portion of a building, containing sleeping units which may or may not have cooking facilities but do not have the other amenities for separate and independent housekeeping purposes and are occupied on a daily or short term basis. A motel may include living quarters containing individual cooking facilities designed for the resident manager only and/or restaurant facilities.

86.

Nonconforming Lot: A lot which is lawfully existing on the effective date of this ordinance, or any amendment thereto, and which does not conform with the dimension and area regulations of the zoning district in which it is located.

87.

Nonconforming structure or use: A structure or use of any premises which does not conform with all provisions of this ordinance but which lawfully existed before its designation as nonconforming by the adoption or amendment of this ordinance.

88.

Nonhazardous: Those structures, uses, materials or premises that do not constitute fire, explosion or safety hazard and/or emit any atmosphere or environmental pollutant, light flashes, noxious gases, electromagnetic interference, radioactive emissions, smoke or heat, glare, dust, dirt, odor, noise, or vibrations which may be heard or felt off the premises.

89.

Nursing care homes: A building or dwelling unit utilized for profit or not which provides 24 hour nursing care, personal care, rehabilitative care or custodial care to persons requiring care because of illness, physical infirmity, or advanced age. The occupants of a nursing care home are not related to the owner or manager by blood or marriage and are typically not ambulatory.

90.

Open space: The land area excluding all impervious surfaces, such as roads, parking lots, and buildings.

91.

Ornamental and Structural Detail: A raised or decorative feature, other than a corporate logo, and not including, textures, color or materials. Examples are decorative tile, molding, niches, pilasters, and columns.

92.

Outdoor advertising service establishment: A building, or portion of a building, occupied by an establishment primarily engaged in the maintenance, distribution and erection of display boards, posters and painted and electric spectacular displays on panels, bulletins and frames principally outdoors and off the premises normally on a contract basis or for a fee or charge and not for resale.

93.

Outdoor Light Fixtures: All outdoor illuminating devices, reflective surfaces, lamps and other devices, either permanently installed or portable, which are used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and floodlights for:

1.

Buildings and structures;

2.

Recreational areas;

3.

Parking lot lighting;

4.

Landscape lighting;

5.

Billboards and other signs;

6.

Street lighting;

7.

Product display lighting;

8.

Building overhangs and open canopies.

94.

Parking and Loading Areas: includes parking and loading areas, driveways, accessways, private frontage roads, and circulation areas through and in parking lots.

95.

Places of Public Assembly: A building used as a meeting place for social clubs, fraternal organizations, civic clubs, service clubs, religious organizations and other related assembly. Characteristics of places of public assembly may include meetings which are open to members of the general public, scheduled activities and routine meetings.

96.

Planned-development project: A complex of structures and uses planned as an integral unit of development rather than as a single principal structure or use on a single lot.

97.

Planning department: Shall refer to such department, division, bureau, or section within county government that is responsible for planning and growth management functions for the unincorporated areas of Hernando County.

98.

Portable: Designed to be moved from place to place, not permanent.

99.

Plat: A map, plan, or chart of a tract of land or property which is drawn to scale and shows the existing or proposed location of boundary lines, buildings, structures, uses or any other required data or information.

100.

Pleasure craft: any vessel that is not a commercial vessel or otherwise operated for commercial purposes.

101.

Premises: A lot or other tract of land under one ownership and all the structures on it.

102.

Primary Facade: A side of a building that faces a street used by the public, whether or not dedicated to or owned or maintained by a governmental entity, or has the primary customer entrance. (A building may have more than one primary facade). For making a determination as to whether a side of a building faces a street, all street side faces within an area between two lines drawn tangent to the furthest extent of a building and perpendicular to the street, are included.

103.

Principal building: The building in which is conducted the principal use of the lot on which it is situated.

104.

Private airstrip: means a tract of land or water, improved or unimproved, that is identified and maintained for the landing and takeoff of authorized (the owner, group of owners, or guests) aircraft, and which may have facilities for the shelter, tie-down, supply, and repair of authorized aircraft if approved by the county. A private airstrip shall not be open to the general flying public.

105.

Property line: The recorded boundary of a lot or other tract of land under one ownership.

106.

Public notice or due public notice: The term, "public notice", or "due public notice", as used in connection with the phrase "public hearing" or "hearings with due public notice" shall mean publication of notice of the time, place, and purpose of such hearing in a manner that complies with the notice provisions of this code or state law, whichever is applicable. Mail notice and sign notice, as these terms are defined herein, are components of public notice. Pursuant to the fee schedule and/or policies adopted by the county, the full cost of public notice may be borne by the applicant, including the costs related to any re-notice.

107.

Public offices: A building, or portion of a building, occupied on a rental, lease or similarly obtained basis by the City, County, State or Federal Government or legally empowered special governmental district, but not owned by such governments, in which public officials and employees direct the administration and execute functions and affairs of government.

108.

Public Service Facility Overlay District: The Public Service Facility Overlay District is a mechanism to allow governmental uses and structures and public service facility uses and structures in all zoning districts. The Public Service Facility Overlay District is approved by the Board of County Commissioners for a site specific location and use.

109.

Public Service Uses and Structures: Any use or structure necessary for the operation and maintenance of a utility service or facility that is regulated or controlled by the City, County, State or Federal Government or legally empowered special governmental district. Public service uses and structures are designed to serve the public facility needs of the community, but are not necessarily owned or operated by a government entity. Associated buildings for general administrative, executive, studio, warehousing or storage functions, or general maintenance operations located at a different physical location than the public service use or structure, are excluded.

110.

Public transportation terminals: A premises, or portion of a premises, occupied by an establishment primarily engaged in passenger transportation by railway, highway, water, or air, or furnishing services related to transportation normally for a fee or charge, including maintenance facilities and/or freight transportation provided such maintenance facilities and/or freight transportation is incidental and accessory to the principal passenger transportation services.

111.

Recreational airport: means a tract of land or water, improved or unimproved, that has been delineated, approved and is maintained for the landing and takeoff of aircraft for recreational or personal purposes, and which may have facilities for the shelter, tie-down, supply, and repair of authorized aircraft if approved by the county. A recreational airport may be open to the general flying public.

112.

Recreation vehicles: Any vehicle that meets one of the following requirements:

A.

A travel trailer/park model trailer.

B.

Identified by the manufacturer as a recreational vehicle and/or displays a motor vehicle license plate identifying it as a recreational vehicle.

C.

Any vehicle, trailer, or similar portable structure, with or without its own motive power, designed or constructed to be used as conveyance on the public streets and designed or constructed to permit a temporary occupancy for living and sleeping purposes. Removal of the means of conveyance from a recreational vehicle does not change the meaning of the word "recreational vehicle", as defined and used in this ordinance. The term does not include mobile homes or park model trailers.

113.

Recycling Collection Facility: A facility in which recyclables, such as newspapers, magazines, books and other paper products; glass; metal cans; wood products, and other products, are collected, sorted and bundled for distribution to recycling facilities. No processing of recyclables takes place at the collection facility.

114.

Religious establishments: A building used by a religious organization operated for worship and worship related activities to which the general public is invited.

115.

Research, development and testing laboratories: A building, or portion of a building occupied by an establishment primarily engaged in research, development and testing on a commercial basis normally on a contract basis for a fee or charge or nonprofit organizations primarily engaged in research and the dissemination of information for the public health or welfare.

116.

Restaurant: An eating and drinking establishment designed primarily to serve walk-in or pedestrian oriented customers. Such establishment[s] normally contain a considerable amount of indoor eating space and tables and specialize in foods and/or beverages which are consumed on the premises within the confines of the principal building itself. While automobile off-street parking space is normally included on the premises it does not constitute a major service factor in the function of the establishment.

117.

Roadside Sales: wholesale or retail sales of food, or other items from roadside stands or vehicles on unimproved properties.

118.

Rodeo: A competition involving persons, equines and bovines where participants display skills in events such as, but not limited to, bronco riding, calf roping and barrel racing, in which there is a gate, parking and/or admission fee.

119.

Search Ring: The defined area in which an antenna array may be located which will fulfill the radio frequency needs of a provider in providing a coverage area. Generally, the search ring is shown on a map.

120.

Semi-cutoff fixture: a fixture that projects no more than five percent (5%) of the rated lumens above a 90-degree plane running through the lowest point on the fixture where the light is emitted and less than twenty percent (20%) of the rated lumens are projected between 90-degrees and 80-degrees.

121.

Sign: Any structure, display, device, painting, drawing, message, placard poster, billboard or notice bearing a name, direction, advertisement or other message that is displayed or posted for public view.

122.

Sign Notice: The act of posting a sign or signs on a parcel, in such size, layout and location designated by the planning department, which advises of a proposed request for a variance, conditional use permit, special exception use, zoning amendment, or other approval requiring a hearing under this zoning code.

123.

Sleeping room: A single room rented for living purposes but without cooking facilities or other amenities for separate and independent housekeeping. A sleeping room shall not be construed to mean a dwelling or sleeping unit.

124.

Sleeping unit: A single room or suite intended for occupancy by transient persons which are lodged with or without meals for compensation. A sleeping unit shall not be construed to mean a dwelling unit.

125.

Special exception use: A use which is appropriate in a zoning district if safeguards are imposed, but which would impair the integrity and character of the district in which it is located, or in adjoining districts unless restriction or conditions on location, size, extent, and character of performance are imposed in addition to those imposed in this ordinance. It is an additional Commission-approved use to the permitted uses of the district on the parcel.

126.

Special exception permit: Legal authorization to undertake a special exception use which has been authorized in conformance with this ordinance.

127.

Street: Means a way for vehicular traffic, whether designated as a public street, highway, thoroughfare, road, parkway, throughway, avenue, boulevard, lane, place, right-of-way, or however designated.

A.

Parkways, freeways and interstates: High-type arterial streets designed primarily for major through traffic with full control of access and grade separations at all intersections.

B.

Arterial streets: A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic.

C.

Major collector streets: A street which carries or will carry medium volumes of traffic primarily from minor collector streets to arterial streets.

D.

Minor collector streets: A street which carries, or will carry, medium volumes of traffic primarily from minor streets to major collector streets.

E.

Minor streets: A street which is used or will be used primarily for access to abutting properties and which carries, or will carry, limited volumes of traffic.

F.

Marginal access streets: A minor street which is parallel to and adjacent to arterial streets and which serves to reduce the number of access points to the arterial streets and thereby increase traffic safety.

G.

Alley: A street used primarily for vehicular service access to the back or side of properties which otherwise abut on a street.

128.

Structure: Any combination of materials fabricated to fulfill a function in a fixed location on the land includes buildings and signs.

129.

Surface in a stable manner: The term shall mean surfaced as specified in Hernando County Road Construction specifications or in a manner approved by the Administrative Official, or other designated Official; however, such pavement shall be of minimum standard and shall be designated to carry the anticipated traffic loads of the premises and uses served. Loose aggregate will not be considered a completed surface.

130.

Travel trailers: A vehicular portable structure designed for temporary living and sleeping purposes primarily for travel, recreational and vacation uses, which:

A.

Is identified by the manufacturer as a travel trailer; and

B.

Is not more than eight and one-half (8½) feet in width; and

C.

Has a length not to exceed forty (40) feet.

D.

Tip-outs designed to be used as a temporary area for living, provided they are designed to detract when being transported on highways, and provided they are not used for permanent living area having no attachments shall for the purpose and intent of this ordinance be permitted in R-C ZONING districts only.

131.

Travel trailer park: A tract of land prepared and approved according to the procedures of this ordinance to accommodate travel trailers.

132.

Use: Use broadly refers to the activities which take place on any land or premises and also refers to the structures located thereon and designed for those activities.

133.

Veterinarian and animal hospital service establishments: A premises, or portion of a premises, occupied by an establishment in which a person, or persons, practice a vocation or occupation that performs a type of labor, act or work that primarily results

134.

Vulnerable Feature: A natural or man-made feature of the land which has the potential to discharge directly to the aquifer. These features include excavations and solution features such as sinkholes, caves, and mine pits which expose the top of the Floridan Aquifer.

135.

Wellhouse: A structure over a well designed to protect the well. A wellhouse is not to be used as a storage shed. A wellhouse shall not exceed 25 square feet and 5' in height.

136.

Wineries: A wine making establishment devoted to the production, processing, distribution and sale of 'wine' and related products.

137.

Yard: The open space surrounding the principal building on any lot, unoccupied and unobstructed by a portion of that building from the ground to the sky except where specifically permitted by this ordinance. Yards are further defined as follows:

A.

Front yard: That portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent to the nearest part of the principal building, which line shall be designed as the front yard line.

B.

Rear yard: That portion of the yard extending the full width of the lot and measured between the rear lot line and parallel line tangent to the nearest part of the principal building.

C.

Side yard: Those portions of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest parts of the principal building.

D.

Secondary front yard: On corner lots, one yard will be deemed the front yard, determined by the location of the front entrance of the principal building. The other yard will be the secondary front yard. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

138.

Zoning permit: A permit; required by appropriate authority under the provisions of this ordinance, which authorizes the excavation, construction or alteration of a structure and is required prior to such construction or alteration, except for recurring maintenance work regardless of cost or the installation of required improvements authorized by approved subdivision drawings.

(Ord. of 12-4-72, § I(a)(1), (2); Ord. No. 76-2, §§ 1—4, 2-17-76; Ord. No. 87-8, §§ 1, 2, 3-3-87; Ord. No. 87-9, § 1, 3-3-87; Ord. No. 87-18, § 1, 5-26-87; Ord. No. 91-13, §§ 1, 2, 7-2-91; Ord. No. 92-15, § 1, 11-10-92; Ord. No. 93-15, § 1, 6-29-93; Ord. No. 93-30, § 1, 12-21-93; Ord. No. 96-08, § 1, 5-7-96; Ord. No. 96-19, § 1, 9-10-96; Ord. No. 97-3, § 1, 3-4-97; Ord. No. 97-08, § 2, 5-20-97; Ord. No. 98-01, § 1, 1-27-98; Ord. No. 98-18, § 1, 6-23-98; Ord. No. 98-24, § 1, 8-25-98; Ord. No. 98-25, § 1, 10-13-98; Ord. No. 99-02, § 1, 2-2-99; Ord. No. 99-14, § 1, 7-6-99; Ord. No. 99-19, § 1, 8-10-99; Ord. No. 2000-07, § 1, 5-9-00; Ord. No. 2001-06, § 1, 5-8-01; Ord. No. 2001-11, § 1, 7-31-01; Ord. No. 2001-24, § 1, 12-18-01; Ord. No. 2002-15, § 1, 8-6-02; Ord. No. 2003-02, § 1, 2-11-03; Ord. No. 2004-03, § 1, 2-24-04; Ord. No. 2004-11, § 1, 8-3-04; Ord. No. 2005-01, § 1, 2-8-05; Ord. No. 2007-15, §§ 1, 2, 8-21-07; Ord. No. 2008-05, § I, 2-26-08; Ord. No. 2012-11, § I, 10-23-12; Ord. No. 2013-31, § I, 10-22-13; Ord. No. 2013-37, § I, 12-10-13; Ord. No. 2016-17, § I, 11-8-16; Ord. No. 2018-1, § 2, 1-9-18)