§ 3. Specific use regulations.

Latest version.

Reserved.

Automotive uses: Automotive uses involving the storage, repair, servicing or sales of motor vehicles may be permitted only in those zoning districts where they are designated as either a special exception use or permitted use under the zoning district regulations. In addition to conforming with all applicable provisions of this ordinance, automotive uses involving the storage, repair, servicing or sales of motor vehicles shall be subject to the following regulations:

(1)

All motor vehicles being stored, repaired, serviced or for sale by such establishments shall be maintained in such condition that they may be moved under their own power at any time except that such motor vehicles incapable of being moved under their own power at any time except that such motor vehicles incapable of being moved under their own power at any time may be stored, serviced or repaired within buildings designed for such purposes or within areas located in the rear of the premises provided such areas are properly screened and buffered from adjoining properties and/or public streets by a permanent wall, fence, evergreen hedge and/or other approved enclosure. Such screeding [screening] and buffering shall have a minimum height of seven (7) feet and shall be designed to visually screen the enclosed area from surrounding areas.

Alcoholic beverages: Uses involving the sale of alcoholic beverages or the operation of a bottle club may be permitted only in those zoning districts where such uses are designated as a special exception use or permitted use under the zoning district regulations. In addition to conforming with all provisions of this ordinance, uses involving the sale of alcoholic beverages or the operation of a bottle club shall be subject to the following regulations:

(1)

That from and after the date of this Ordinance is effective, no new business shall be established or license issued for the sale of alcoholic beverages or the operation of a bottle club within five hundred (500) feet of an established church or school in all that area of Hernando County, Florida, lying outside the limits of incorporated municipalities.

(2)

Said distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the vendor's place of business, to the main entrance of the church or school.

Airports: The following provisions regarding airports are set forth here in order to provide for the coordination, regulation and restriction of the height of structures and objects of natural growth and the coordination, regulation and restriction of certain types of uses in the various airport zones in the vicinity of the Brooksville Airport including airport approach zones, transition zones, horizontal zone and conical zone. Such zones shall be as set forth on the officially adopted Airport Zoning Map and Regulations for the Brooksville Airport. Except as otherwise provided for in the officially adopted Brooksville Airport Zoning Map and Regulations, the following provisions shall apply in the appropriate and applicable airport zones:

(1)

No structure or tree shall be erected, altered, allowed to grow, or maintained in any airport zone to a height in excess of the height limit established for such airport zones. However, nothing in this ordinance shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 35 feet above the surface of the land.

(2)

No use may be made of land within any established airport zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft.

[E.]

Recreation vehicles: The following provisions shall apply to both recreation vehicles and travel trailer usage.

Recreation vehicles shall be permitted in all zoning districts where mobile home use is permitted for a period of six (6) months each calendar year subject to the following provisions:

(a)

The lot is not occupied by a principal building

(b)

The recreation vehicle is utilized by the owner of the premises

(c)

Sanitary facilities in accordance with county and state requirements must be utilized if the recreation vehicle remains on the premises in excess of fourteen (14) continuous days or if the recreation vehicle does not contain holding reservoirs for water supply and/or sewage [sewage] wastes

(d)

A permit has been secured from the administrative official

Non-resident: When a recreation vehicle is used as transportation of visitors to this county to visit friends or relatives who are residing in this county, the recreation vehicle may be used on the premises of the visited family for a period not to exceed fourteen (14) days.

The visiting party must file an application giving their name and location with the Administrative Official within two (2) working days of arrival.

Fee for the approval of recreational vehicle shall be as established in the County's fee schedule for development review.

Travel trailers and other recreational vehicles or portions thereof shall not be stored on any parcel of property except that parcel upon which the owner is resident or unless stored in an approved storage facility which conforms with-the requirements of this Ordinance for automotive uses. Storage of said vehicles on the owners resident parcel of land shall be such that it conforms with requirements for accessory structures in that zoning district.

Recreation vehicles which do not contain holding reservoirs for water supply and/or sewage wastes shall not be permitted to be used on any parcel unless there exists an approved water supply and sewage disposal facility in that parcel. Such approved water supply and/or sewage disposal facility shall be located not greater than three hundred (300) feet from the location where the recreation vehicle is to be used.

Editor's note— This paragraph has been redesignated to maintain continuity since it was mistakenly designated "D by Ordinance No. 784.

Commercial vehicles and equipment:

The parking of commercial vehicles and equipment is unlawful except as provided below in all residential zoning districts, residential planned development projects, mobile home planned development projects, R-1MH district, C-3 mobile home park districts and all agricultural/residential districts. The parking of commercial equipment or vehicles is allowed in connection with a construction or service activity being conducted in the immediate area. Service activity does not include the service or maintenance of commercial vehicles or equipment. Commercial vehicles less than 10,000 pounds, as defined Article I, Section 3, and commercial equipment such as a utility trailer, lawn equipment or construction equipment, may only be stored or parked on the premises if they are stored inside or in an area not visible and completely concealed from the streets or other property. Commercial vehicles in excess of 10,000 pounds as defined in Article I, Section 3 may not be stored or parked on the premises except as specifically provided for in subsequent paragraphs of this section.

A special exception use permit may be applied for pursuant to Article V, Section 8. Special Exception Use Regulations of this ordinance on parcels zoned AR, AR-1 or AR-2 in order to park one (1) commercial vehicle, operated by the legal residents of the parcel, provided the property is a minimum of 2½ acres in size.

One (1) commercial vehicle, operated by the legal residents of the parcel, is allowed to be parked on an agriculturally zoned parcel. A special exception use permit may be applied for pursuant to Article V, Section 8. Special Exception Use Regulations of this ordinance in the agricultural district to park additional commercial vehicles, operated by the legal residents of the parcel, provided the property is a minimum of 2½ acres in size. This section is not intended to limit the parking of commercial vehicles in the AG district when the vehicles are associated with a permitted AG use on the property.

The parking of commercial vehicles and equipment is unlawful in the C-1, C-2, C-3, OP, CM-1, CM-2, AC, PDP(GHC), PDP(GC), PDP(HC), PDP(NC), and PDP(OP) districts unless the commercial vehicle and equipment is associated with the permitted use of the property.

The parking of commercial vehicles, not associated with the business or businesses located on the site, is permitted in the C-1, C-2, PDP(GHC), PDP(GC) and PDP(HC) districts, with the following performance conditions:

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

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

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

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

Any commercial vehicle operated by the legal resident of a residentially zoned parcel which was legally parked on the parcel on or prior to October 13, 1998, may continue to be parked until January 1, 2005, at which time it must be removed.

Any commercial vehicle operated by the legal resident of an Agricultural- Residentially zoned parcel which was legally parked on said parcel on or prior to October 13, 1998, may continue to be parked until such time as the property is transferred or until the parking is discontinued for a period of two years, whichever occurs first. In any such case, the prohibitions of this subsection shall fully apply.

Model homes:

(1)

Model homes are a permitted use in all residential or commercial areas to provide examples of builders' products for promoting the sale of homes to be built elsewhere in Hernando County.

(2)

Model homes in a residential area are intended for later use solely as a dwelling after the approved sales time period lapses. Model homes erected in commercial areas are intended for later use solely as a commercial unit unless the model home is to be relocated by the owner after its useful life as a model home.

(3)

Model homes may be approved for a period with a maximum duration of eleven (11) years upon application therefor by a licensed building contractor in Hernando County in single-family residential zoning districts. Model homes may be approved for a period with a maximum duration of eleven (11) years upon application therefor by a licensed building contractor in Hernando County in a multifamily zoning district, which approval shall allow the placement of at least three (3) dwelling units, provided the parking for the model home or center is located entirely on-site. There is no maximum duration for a model home in a commercially zoned area.

(4)

Model home or model home center authorization is by staff review for compliance with the land development regulations and any other applicable provisions of the Hernando County Code of Ordinances. Any durational limitations pursuant to subsection (3) herein shall run from the issue date of the certificate of occupancy. Any such period may be extended prior to termination for an additional two-year period by the granting of a conditional use permit by the Planning and Zoning Commission if hardship exists. A hardship shall not be found based solely upon economic conditions.

(5)

Model homes shall provide either off-site or on-site parking in conformity with the following requirements:

(a)

Parking shall be provided for Model homes or centers according to the following schedule:

Four (4) spaces shall be provided for one model home.

Seven (7) spaces shall be provided for two (2) model homes.

For each additional model home two (2) additional spaces shall be provided.

(b)

Parking spaces shall contain a minimum of two hundred (200) square feet per space with the minimum dimensions measuring ten feet by twenty feet (10' x 20').

(c)

Model homes or model home centers may utilize mulch for the parking areas to minimize the disruption of the residential neighborhood.

(d)

Parking may be provided on a separate lot adjacent to the center, provided the parking area is buffered from all surrounding lots to provide visual relief and separation between the land uses. The lot utilized for parking must be included in the zoning approval authorizing the model home or center.

(e)

If parking for the model home or center is to be located on a separate lot, the lot or center should be designed so that the access to the parking lot is off of a minor street if possible. If the access must be off of the major street, the entrance to the parking lot must comply with the parking access requirements contained in the land development regulations.

(f)

Model homes or centers may utilize up to ten (10) feet of county right-of-way contiguous to the lot for a portion of the required parking area for the model home or center, provided the parking area is located on a minor street with a minimum of forty (40) feet between any space and the intersection of the right-of-way lines of the nearest intersection, and a minimum set back of fifteen (15) feet from adjacent property boundaries.

(g)

If a model home or model home center has access only to a collector or arterial street, all of the parking and circulation area must be contained on the lot or lots. Access to parking spaces must be designed to prevent traffic from backing into the travel way of the street.

(h)

If asphalt or other durable material is utilized for the parking area, the applicant must provide engineered plans indicating how the stormwater drainage from the impervious areas will be handled on-site and how the proposed improvements will affect the overall drainage.

(i)

Model homes or model home centers constructed on commercial lots must meet the minimum commercial parking standards.

(6)

Upon the termination of any model home or model home center, the operator shall ensure that the driveways of the model(s) have been extended to the edge of pavement of the frontage street and that the swales on the property have been restored to ensure the proper drainage flow.

(7)

Model homes shall be used solely for the purposes set forth in subsection (1) herein unless the other use is consistent with the land use regulations. No commercial use, including utilization of the model as a real estate sales office, shall be permitted unless otherwise permitted by the land use regulations. Such unauthorized utilization may result in the revocation of county approval for the model home or model home center.

(8)

An appeal of the denial of the model home or model home center by the administrative official or pursuant to departmental plans review shall be to the board of county commissioners and shall be made in writing within thirty (30) days of the written decision being appealed.

Excavation:

Excavations in connection with the following shall not require a conditional use permit or be subject to the terms and conditions of this section:

The implementation of approved construction plans associated with development, provided that such excavation takes place within the boundaries of the development in accordance with the approved plans.

Agriculture, after review and determination by the county that such excavation will not alter drainage across property boundaries.

Prospecting.

Construction or building after a building permit has been obtained for the property being excavated upon.

Landscaping when the county has determined that no significant erosion or alteration of drainage across property boundaries will result from such excavation.

Creation of water bodies, provided there are no off-site impacts to drainage and all regulatory permits from the appropriate agencies have been provided to the county.

An excavation conducted with a mining operation which has a valid mining approval subject to the "Mining Ordinance of 1993".

Any operator desiring to engage in an excavation operation on forty (40) acres or less, and where the activity is not specifically exempted by this Ordinance, shall make written application to the county for a conditional use permit to be processed in accordance with this Ordinance.

The application form shall require the applicant submit the following information to the county:

A legal description of the proposed area for excavation;

The name, address and phone number of the owner of the land for which application is being made, along with evidence of ownership and/or written consent of the owner;

The name, address and phone number of the person, firm or corporation that will be the mine operator and the designated representative;

A recent scaled aerial photograph of the property showing the boundary of the proposed area;

Topographic contours from available mapping;

Proposed schedules for the excavation activities;

Estimated depth of the excavation activities;

Pre- and post-mining conditions;

A list of property owners within one hundred fifty (150) feet of areas to be excavated. Measurement of the one hundred and fifty (150) feet shall exclude roads and street rights-of-way;

A reclamation plan addressing the following:

Contouring or other suitable land-shaping techniques to enhance side slope stabilization and control erosion during reclamation so that adjoining properties are not affected. Slopes shall not exceed 3:1.

ii.

A revegetation plan to provide twenty (20) percent of the area under permit will be retained or re-established with native vegetation that existed on the site prior to the excavation activity. The distribution of the twenty (20) percent vegetation on the site will be determined during the review of the reclamation plan.

iii.

If water bodies are created, a littoral zone shall be established.

iv.

Engineers estimate for cost of reclamation.

A time schedule and description of the proposed reclamation.

The applicant must submit all applicable approvals from federal, state, regional and local agencies.

Other information as may reasonably be required by the county.

The board shall provide the operation with a written release of its reclamation obligations on the approved reclamation areas, and shall release ninety (90) percent of any security which the operator has posted in accordance with this Ordinance. Ten (10) percent of the security will be retained by the county in order to ensure the viability of the plantings.

The land will be inspected by the department every year for a period of two (2) years after completion of reclamation to determine an eighty-percent survivability of the plantings. If necessary, replantings will be required. At the end of the two-year inspection period, a release of the remaining security will be granted, provided that the plantings and/or replantings are acceptable to the department.

Setbacks. The following minimum distances from the permittee property line shall be maintained for the identified adjacent property uses:

Residential subdivisions (lots less than one acre), multifamily, hospitals, life care centers:

Use	Distance (feet)
Excavation .....	300
Stockpiles .....	500
Processing .....	500
Dikes .....	300

Commercial, office, churches, institutional, active and developed passive recreation, agriculture/residential subdivision (lots one acre and larger):

Use	Distance (feet)
Excavation .....	300
Stockpiles .....	300
Processing .....	300
Dikes .....	200

Agriculture, industrial, utility, roads, forest, open space:

Use	Distance (feet)
Excavation .....	100
Stockpiles .....	100
Processing .....	300
Dikes .....	100

The buffer requirement shall be a minimum of one hundred (100) feet measured perpendicular from the property line.

Where required, the buffer shall shield adjoining properties when viewed from the property line. The buffer must shield the operation at the time excavation begins. Shielding shall meet an eighty-percent opacity standard. Berms, towers, stockpiles and other similar items which extend above the buffer need not be shielded. The clearing and stripping of vegetation from the land shall not require the pre-establishment of a buffer.

The buffer shall consist of a vegetated screen augmented by a berm if required to obtain opacity. The following conditions apply to the vegetated screening:

A 100-foot vegetative screen is standard, except where a berm is necessary. Where a berm is necessary, the outer fifty (50) feet of the buffer must consist of the vegetative screen;

If trees exist in the vegetative screen area they must remain;

If sufficient vegetation does not exist, the vegetative screen area shall be planted at spacings and with species to be established by the department. All plantings shall consist primarily of perennial species native to the area;

All plantings used in the buffer must be compatible with the soils in the area as specified by the county forester.

10.

The following are requirements for berms where utilized to augment vegetative buffers:

The berm shall generally run parallel to, and no closer than fifty (50) feet from, the property line. The above two (2) standards may be modified where there are impeding physical features (wetlands, etc.).

The berm shall be built to the height necessary (not to exceed ten (10) feet above the natural surface of the ground) to shield the excavation activity (excluding booms, towers, stockpiles or other similar items which extend above the buffer) so that it cannot be viewed through the buffer from adjoining properties when viewed from the property line.

The berm must be stabilized with the planting of vegetation. Sloping requirements for the exterior face of the berm shall not exceed 2:1.

Adequate control shall be provided to protect the adjacent properties from additional runoff caused by the earthen berm.

11.

The hours of operation for an excavation operation shall be 7:00 a.m. to 6:00 p.m.

12.

The applicant shall submit a plan for the control of fugitive dust.

13.

A conditional use permit for excavation will be valid for a maximum period of five (5) years. Conditional use permits may be renewed upon reapplication.

14.

The applicants shall post sign(s) supplied by the county on the proposed conditional use site at least ten (10) days in advance of the hearing.

In cases where the property has frontage on a road, the sign(s) furnished by the county shall be posted by the applicant at each corner of the property 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. In cases where the property does not have frontage on a road, the sign cards shall be posted at each of the property corners, and where the access road intersects with the nearest county road.

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 prior to the public hearing. The county shall make affidavit forms available for use by the applicant.

15.

The county shall mail a notice giving the time, place, and purpose of the meeting to each property owner within one hundred fifty (150) feet of the parcel covered by the application. Measurement of the one hundred and fifty (150) feet shall exclude roads and street rights-of-way. The notice shall be mailed at least ten (10) days prior to the scheduled meeting dates.

16.

The petitioner shall be responsible for all costs incurred in the notice procedure.

Commercial vessels:

Except where expressly permitted by this Code or as otherwise provided in this section, it is unlawful to moor, dock or anchor any commercial vessel to property or to any dock, pier or other structure in any zoning district.

One commercial vessel less than twenty-six (26) feet in length owned and operated by the legal resident owner of a parcel of property may be moored or docked on or to that property in any district zoned for or permitting residential use.

One commercial vessel owned and operated by the legal resident owner of a parcel of property may be moored or docked on or to that property in all Agricultural/Residential (A/R) zoning districts.

Design standards for large retail projects:

Purpose. These standards are intended to provide developers of large retail building development with guidelines for creating safer, efficient, pedestrian-friendly projects with human scale orientation, while discouraging large, nondescript buildings and "unfriendly" pedestrian design, limited landscaping, and vast non-shaded parking lots. As a basis for developing such guidelines, county citizens and visitors alike will benefit from enhanced large retail project design, which accomplishes the following objectives.

To encourage large, single building construction with definition and good architectural design rather than enormous, warehouse appearance with unbroken, blank walls. Good design encourages clearly defined entryways, articulated roof lines to prevent monotony, pedestrian amenity areas, and concealment of unsightly mechanical structures from public view;

To encourage pedestrian-oriented design which effectively resolves the incompatibility between pedestrians and motorists, while providing interconnectivity between buildings, parking areas, and other internal/external components;

To encourage parking lot design which meets vehicular needs, while providing a safer, efficient comfortable pedestrian flow;

To encourage adequate landscaping that allows large buildings and their components to blend with their surroundings, while providing screening and shade for the public benefit;

To encourage enhanced lighting and signage design, to avoid forms of nuisance and intrusiveness into adjacent areas, while enhancing public safety.

Additional development standards. The following additional standards shall be required for all large retail projects:

Facades. No uninterrupted and/or unadorned length of any portion of the facade shall exceed one hundred (100) linear feet (this measurement shall not apply to the backs of buildings that are not visible to the public). Interruptions of such continuous lengths of the facade shall include wall plane projections and/or recesses of not less than five (5) feet in off-set, and twenty (20) feet in length, and one or more of the following: Architectural features such as pilasters, columns, canopies/porticos, arcades, colonnades, and/or parapets. At least one architectural feature shall be required on each wall plane.

(1)

Multiple stores within a single building. Where a large retail project contains individual stores that are less than twenty-five thousand (25,000) square feet of gross floor area each, with separate, exterior customer entrances, the street level facade of each store shall provide fenestration such as windows between the height of a minimum of three (3) feet and eight (8) feet above the walkway grade, for no less than sixty (60) percent of the horizontal length of the building facade of each store.

(2)

Detail features. All facades shall include patterns at intervals of no more than thirty (30) feet either horizontally or vertically. Such patterns shall include windows, color changes, texture changes or material module changes, and/or surface modeling changes such as offsets, reveals, or ribs of no less than twelve (12) inches in width.

Materials. Predominant exterior building material shall include architectural or split face block, brick, glass, wood, stucco, artificial stucco, stone or concrete with architectural finish.

Entryways. All facades shall include at least one customer entrance, or be screened from public view with no less than a ten-foot wide buffer with foundation landscaping in planters or planting beds which extend a minimum of eighteen (18) inches from the building along the entire length of the ten-foot buffer with a minimum of one overstory tree every thirty (30) feet. Customer entrances shall be clearly defined and include at least two (2) of the following features: canopies/porticos, overhangs, recesses/projections, arcades, raised above-the-doorway cornice parapets, peaked roof forms, arches, outdoor patios, display windows, integrated architectural details such as tile work, moldings, planters or wing walls, and/or landscaped sitting areas.

Service areas. Service areas which include areas designated for loading and unloading of goods, and refuse collection shall be buffered from right-of-ways and residentially zoned areas. Buffering shall consist of construction of a wall between the service area and abutting land use. All other applicable LDRs must be met in addition to this requirement.

Roofs. Flat roof lengths, longer than one hundred (100) feet in length shall be concealed or addressed utilizing at least one of the following options.

(1)

Effective concealment of flat roof lines, rooftop equipment and heating, ventilating, and air conditioning (HVAC) units from any facade view by adjacent land uses of lesser intensity, and public rights-of-way by constructing a parapet. The parapet design shall be a minimum of three (3) feet in height and shall incorporate a three-dimensional cornice treatment. Alternative designs such as varying the parapet height for a minimum linear distance of one hundred (100) feet, and a minimum vertical height of two (2) feet shall be subject to approval by the county administrator or designee.

(2)

Two (2) or more sloping roof planes that extend a minimum of three (3) feet above the eave.

Pedestrian circulation. Large retail projects shall encourage pedestrian-oriented ingress and egress through design features that enhance pedestrian safety, efficiency, and connectivity with a clear definition between vehicular areas and pedestrian walkways.

(1)

Sidewalks. Pedestrian connectivity between the building facade and each grouping of parking spaces, public sidewalks, out parcel buildings, and transit stops shall be clearly indicated through the use of landscaped areas and sidewalks. Along each facade with customer entrances there shall be a sidewalk along the full length of the facade. For multiple store developments all facades with multiple customer entrances shall include a covered sidewalk connecting all entryways. For single store developments, a covered canopy shall be provided from the entryways to the edge of the sidewalks connecting to the remote parking area.

Sidewalks remote from the building shall be a minimum of five (5) feet in width and provide a minimum of three (3) feet of green/landscaped area between the edge of sidewalk and the vehicle use area.

(2)

Pedestrian amenity area. Large retail projects shall include design features such as pedestrian amenity areas that include landscaped sitting areas with design components such as covered seating elements and/or other amenities in shaded areas. One pedestrian amenity area shall be required for each retail establishment with a building area between twenty-five thousand (25,000) and one hundred thousand (100,000) square feet. For each retail establishment with a building area greater than one hundred thousand (100,000) square feet, an amenity area shall be provided for each customer entrance. The amenity areas should be placed in areas which have the highest pedestrian traffic.

Parking areas. Parking lots and access aisle-ways shall be designed utilizing the following standards:

(1)

Parking lot design. Vast unbroken parking lots are prohibited. Parking areas shall be designed so that no more than one hundred (100) spaces (one hundred fifty (150) spaces for uses that require five hundred one (501) or more parking spaces according to the LDRs) of the total required spaces are part of a clearly defined grouping of spaces. Such groups shall be broken into individual areas and/or clearly separated by landscaped or weather-protected pedestrian walkways, significant landscape or geographic features and/or by design components of the proposed building(s). The design of these separators shall consider pedestrian movements, conflict points with vehicles, site distance and angles, security site lighting and safety within the parking lot area. Separations shall be no less than eight (8) feet in width at any point. A pedestrian access way shall be provided to every customer entrance. The parking lot shall be designed with traffic calming features along the fire lanes fronting the building facades. Parking lots shall be designed to reduce vehicle movement along the fire lane. Design features may include cross driveways, ninety-degree parking space design, and consideration of site access points. At least twenty (20) percent of the required parking spaces shall be placed in the rear or side areas of the proposed development if feasible as determined by the county administrator or designee. Alternative designs that incorporate existing natural resources are encouraged, subject to approval by the county administrator or designee.

(2)

Parking spaces. The number of parking spaces shall be determined in accordance with the LDRs. Each parking space in excess of the minimum shall require an additional landscaped area of ten (10) square feet to be placed within the internal parking area, and/or right-of-way buffer. Pervious parking areas, including turf block or grass shall be used for at least five (5) percent but no more than twenty (20) percent of the total constructed parking spaces, subject to approval by the county administrator or his designee. If grass parking is proposed, the parking shall be designed and constructed with a structural support (i.e. go-grid, go-block, etc.). The area designated for pervious parking would have to be maintained shall be located at the perimeter of the parking lot, and if possible, remote from the building. The pervious parking area does not count as part of the landscaping requirements.

Landscaping. The following landscaping standards shall be incorporated into the design of all large retail projects.

(1)

Foundation. Foundation landscaping shall be required for at least fifty (50) percent of the facade length and located between the drive aisle and the first vertical wall of the building facade. A minimum of twenty-five (25) percent of the required foundation landscaping shall be placed between the required sidewalk and the first vertical wall of the building facade. The foundation landscaping shall be in planters or planting beds that extend a minimum of eighteen (18) inches from the building.

(2)

Parking areas. Every ten (10) spaces shall be designed with a minimum four hundred (400) square feet of landscaping to be placed in medians or islands and shall include at least one overstory tree, one understory tree and six (6) shrubs. No median or island shall be less than five (5) feet in width. No row of parking spaces shall have more than ten (10) spaces without landscaping interruption. Grouping of landscaped islands is encouraged to promote the healthy growth of larger trees. Alternative designs are subject to approval by the county administrator or designee.

(3)

[Perimeter buffer.] A perimeter buffer shall be required along the full length of all streets serving a large retail development. The buffer shall be a minimum of thirty-five (35) feet in width and comprised of retained natural vegetation, or planted with native plant species.

Signage. Signage shall be designed as part of a complete development system. The location(s) and design shall be reviewed and approved as part of the overall site plan. The predominant sign material shall include architectural or split faced block, brick, glass, wood, stucco, artificial stucco, or stone and be compatible with the principal building design.

This section does not apply to site directional signage, traffic control signage, or building signage. Building signage shall comply with the LDRs.

Outdoor display and sales. Any permanent display areas not within the building which face a public right-of-way shall be shielded from view by a wall made from architectural or split face block, brick, glass, wood, stucco, artificial stucco, stone, or concrete with architectural finish and incorporated into the overall design of the building. The wall must extend a minimum of four (4) feet in height. As an alternative, landscaping of the display area in lieu of a solid wall with a minimum height of four (4) feet may be utilized.

Lighting:

(1)

All outdoor light fixtures shall meet the specific use regulations for commercial lighting under this Article.

Compliance. In addition to the application requirements of the LDRs, a colored facade rendering shall be submitted at time of application submission to ensure that the development standards required herein are adhered to.

[Conflict.] In case of any conflict between these requirements and the requirements contained in the county building code, and/or Florida Building Code, those codes shall prevail.

Commercial design standards:

Intent. The intent and purpose of these standards are as follows:

To promote architectural and site design treatments that enhance the visual appearance of development within Hernando County.

To ensure compatibility and appropriate screening for commercial uses.

To maintain and enhance the attractiveness of the streetscape and the existing architecture in the community.

To create and maintain a strong community image and identity by providing for architectural treatments that enhance the visual experience of commercial development in Hernando County.

Applicability.

Provisions of this section are applicable to all retail commercial development whose total gross building area is less than 25,000 square feet, all non-retail commercial development regardless of size, and all office development regardless of size. The design standards apply to the commercial and office projects specified above located within the C-1, C-2, C-3, OP, PDP(GHC), PDP(GC), PDP(HC), PDP(NC) and PDP(OP). The provisions of this section do not apply to any industrial zoning categories.

If a single use, single lot development comprised of multiple buildings is being phased by the developer, and a phase of the development has been constructed or received a development permit at the time of adoption of this ordinance, subsequent development must either meet the minimum standards provided for herein, or continue with the same architectural design and concept as the existing development.

Provisions of this section are applicable to new development and additions to or modifications of an existing building that increases gross floor area by more than fifty (50) percent.

Provisions of this section are not intended to prevent the use of alternative design solutions that meet the intent and purpose established in the commercial design standards.

Compliance with the standards set forth in this section shall be demonstrated by submittal of drawings and a site development plan meeting the requirements of Chapter 8 (Minimum plan review criteria for buildings) of the Hernando County Code.

Any decision by the county administrator or designee in regards to this section may be appealed to the board of county commissioners.

Building orientation and primary facade standards.

Intent. The intent of this section is to encourage commercial development that addresses its orientation to the street and to require higher architectural standards for those building facades that are visible from the street.

Requirements.

(1)

Primary facades must meet the primary facade standards outlined in this section. For purposes of this section, the term street includes driveways and accessways, and other ways used by the public for vehicular travel, whether or not dedicated to or owned or maintained by a governmental entity; except that alleys are excluded.

(2)

Commercial buildings located mid-block shall be oriented to face the street, unless it can be shown that there are compelling site conditions that necessitate that the building not face the street, then the building is considered to have two primary facades; the facade that faces the street and the facade that incorporates the customer service entrance.

(3)

Commercial buildings on corner lots shall be oriented to face a street, unless it can be shown that there are compelling site conditions that necessitate a different orientation. If site conditions necessitate that the primary entrance not face the street, then the building is considered to have three primary facades; the two facades that face the street and the facade that incorporates the customer service entrance.

(4)

All primary facades of a building shall be designed with consistent architectural style, detail, trim features, and roof treatments.

(5)

For parcels of one half (½) acre or larger, building perimeter landscaping on the primary facade side shall be planted adjacent to, or between the building and the drive aisle or parking area and shall include shrubs and ground cover. The minimum landscaped area shall be determined by the following formula: 5 feet times the length of each primary facade times 50 percent. The area of building perimeter landscaping can be used to meet the required 15 percent landscaping for the parcel. Landscaping shall where feasible, use native and drought tolerate plant materials.

Primary facade standards.

Intent. The intent of this section is to require primary facades of a commercial development to meet certain minimal architectural standards for those building facades. This section is specifically applicable to that side of any structure which faces a street and / or which has the primary customer entrance.

Requirements.

(1)

Primary facades shall provide at least three (3) of the following:

(a)

For parcels less than one-half (½) acre, building perimeter landscaping on the primary facade side shall be planted adjacent to, or between the building and the drive aisle or parking area and shall include shrubs and ground cover. The minimum landscaped area shall be determined by the following formula: Five (5) feet times the length of each primary facade times fifty (50) percent. The area of building perimeter landscaping can be used to meet the required fifteen (15) percent landscaping for the parcel. Landscaping shall where feasible, use native and drought tolerate plant materials.

(b)

Arcades or colonnades a minimum of five (5) feet wide, mansard roofs with a minimum five-foot overhang, or other roof treatments that provide shade and a break in the vertical plane, along at least fifty (50) percent of the horizontal length of the primary facade.

(c)

Display windows a minimum of four (4) feet high, along at least fifty (50) percent of the horizontal length of the primary facade.

(d)

Awnings, associated with windows and/or doors, in increments of ten (10) feet or less in length, along at least fifty (50) percent of the horizontal length of the primary facade.

(e)

Windows, covering at least forty (40) percent of the length of the primary facade.

(f)

Arched, gabled, stepped or decorative parapet over primary customer entrance, integrated with the building's massing and style.

(g)

Canopies or porticos, integrated with the building's massing and style.

(h)

Peaked roof forms.

(i)

Overhangs, a minimum of two (2) feet wide.

(j)

Arches, or arched or curvilinear forms.

(k)

Ornamental and structural details that are integrated into the building structure.

(l)

Recesses and/or projections at least every twenty (20) feet.

(m)

Any other treatment or the combination of a number of separate treatments which together exceed the minimum as specified for primary facades, that, in the determination of the county administrator or designee, meets the intent of the commercial design standards.

(2)

Exterior building materials and colors contribute significantly to the visual impact of a building on the community. The use of certain materials on primary facades is restricted as follows:

(a)

Corrugated or ribbed metal wall panels, used as a finish material, shall be prohibited on the primary facade. Architectural metal panels are acceptable, subject to a determination that the treatment meets the intent of this section.

(b)

Smooth-faced concrete or smooth faced masonry units on a primary facade shall have stucco, decorative cementacious finish, or other decorative finish. The use of painted, struck block eight (8) × eight (8) × sixteen (16) will not be allowed as a finish material.

Non-primary facades.

All non-primary facades of any structure shall have finished surfaces, without a limitation on the types of materials.

Roof treatments.

Intent. The intent of this section is to add visual interest, reduce massing aesthetic, and screen rooftop equipment, by requiring some minimum roof treatments for commercial development.

Requirements.

(1)

Both single and multiple-tenant buildings and projects are required to have variations in the roof lines, and roof features that are consistent with the building's mass and scale. In addition, roofs shall meet at least two (2) of the following requirements:

(a)

Decorative parapets that are a minimum of three (3) feet in height above the finished roof or that are high enough to block the view of any mechanical equipment.

(b)

A three-dimensional cornice treatment, a minimum of twelve (12) inches high, having a minimum of three (3) vertical (not diagonal) changes in plane (no two (2) on the same plane), and a variety of thickness in relief ranging from the greatest at the top to the least at the bottom.

(c)

Overhanging eaves that extend at least two (2) feet beyond the supporting walls, with a minimum fascia of six (6) inches deep.

(d)

Two (2) or more roof planes per primary facade.

(e)

A sloping roof with an average pitch of 4:12 or greater.

(f)

Any other treatment that, in the determination of the county administrator or designee, meets the intent of the commercial design standards.

(2)

Rooftop equipment and fixtures shall be concealed from eye-level view from any public right-of-way and from the ground level of any adjacent properties.

Lighting fixtures.

Requirements.

(1)

All site lighting, including pole heights and fixture types, shall be designed to meet the specific use regulations for commercial lighting under this Article.

Home occupations. Home occupations are permitted "by right" or "by exception" in accordance with subsections 1. and 2. below. The intent of these requirements is to provide for certain types of home based businesses in residential, rural and agricultural-residential zoning categories subject to performance standards that ensure the home based businesses are incidental to the use of the premise as a residence, are compatible with residential uses, limited in scale and intensity, and do not detract from the residential character of the area.

( Limited business activities - by right ). Limited business activities in a dwelling unit are permitted, by right, in the residential, rural and agricultural-residential zoning categories, subject to compliance with all of the following criteria and standards:

(a)

Such business activities are incidental and subordinate to the principal residential use of the premises and the home occupation will not change the principal character of the site as a residence.

(b)

Such activities shall occupy no more than twenty-five percent (25%) of the total habitable floor area of the residence. Note: Use of more than ten percent (10%) of the total habitable floor area may trigger additional building code requirements, including permits; contact the Building Department.

(c)

The home occupation shall be conducted entirely within the residence or entirely within an accessory structure.

(d)

There is no outside appearance of the limited business activity, including signage.

(e)

No advertising will contain the physical address of the home occupation location, including signs on vehicles.

(f)

No employees, or customers, other than residents of the home, will go to or from the residence, other than private tutoring or lessons.

(g)

Vehicular traffic will be consistent with normal traffic generated within the zoning category.

(h)

Noise will be consistent with that volume of noise normally generated by a residence in the applicable zoning category and noise shall not be attributed to the limited business activity.

(i)

There will be no visible storage of any business related materials, commercial vehicles, or equipment associated with the limited business activity. Commercial vehicles may only be parked or stored as provided for in Article III, Section 3.

(j)

There will be no change in the structural integrity (exterior appearance) of the structure from that permitted by the rules of the district.

(k)

The volume of delivery trucks shall not be in excess of what is normally associated with a residential use in a neighborhood. In no case shall trucks greater than 2 axles make deliveries associated with the limited incidental business use.

(l)

The "by right" limited business activity shall comply with all of the criteria in this section, and a deviation from the criteria shall require an application for, and compliance with the criteria for a limited business activity "by exception".

( Limited Business Activities - by exception ). Limited business activities (Home Occupation) that do not meet the requirements for limited business activities set forth in paragraph L.1 above, may be permitted by approval of a Special Exception pursuant to Article V, Section VIII, Hernando County Zoning Code, subject to compliance with all the following criteria and standards:

(a)

Such business activities are incidental and subordinate to the principal residential use of the premises and the home occupation will not change the principal character of the site as a residence. Customer traffic shall be minimal, and may only be approved by the Special Exception Permit.

(b)

(c)

The Home Occupation shall be conducted entirely within the residence or entirely within an accessory structure unless otherwise authorized by approval of the Special Exception Permit.

(d)

There is no outside appearance of the limited business activity, except that a single "on-site" sign shall be permitted in accordance with Section 25.5-17.

(e)

No advertising will contain the physical address of the location of the Home Occupation, including signs on vehicles.

(f)

The Home Occupation involves the employment of no more than one (1) person who does not reside at the residence.

(g)

Vehicular traffic will be consistent with normal traffic generated within the zoning category. Parking associated with the home occupation shall only be required in accordance with the primary use of the site as a residence.

(h)

Noise will be consistent with that volume of noise normally generated by a residence in the applicable zoning category, and noise shall not be attributed to the limited business activity.

(i)

There will be no visible storage of any business related materials, commercial vehicles, or equipment unless specific authorization is granted by approval of the Special Exception Permit. Commercial vehicles may only be parked or stored as provided for in Article III, Section 3.

(j)

There will be no change in the structural integrity (exterior appearance) of the structure from that permitted by the rules of the district.

(k)

(l)

The applicant for a limited business activities "by exception" shall not transfer the permit to another owner or lessee of the property.

(m)

The "by exception" limited business activity shall comply with all of the criteria in this section, and a deviation from the criteria shall not be granted unless specifically authorized by this section.

(n)

Additional performance criteria may be prescribed by the Special Exception Permit to ensure compliance with the criteria of this section and to ensure that the "by exception" limited business does not impact the surrounding neighborhood.

Standards for allowing Community residential homes with 6 or fewer residents in certain residential zoning districts: A Community residential home with 6 or fewer residents is allowable in certain residential zoning districts subject to the following:

(1)

Review by County administrative official: The agency, person or organization which intends to establish or operate a Community residential home in any single-family or multifamily zoning district bears the burden of adequately demonstrating to the County administrative official that it is entitled to recognition as a Community residential home with 6 or fewer residents (thereby not requiring the special exception use and/or rezoning approval processes that are normally associated with other similar uses that fall outside of the State definition for a Community residential home) by providing the County with all of the following documentation:

(a)

Street address of the proposed home.

(b)

Number of proposed residents (not to exceed 6) and the applicable residential licensing category or categories.

(c)

The most recently published data compiled from the licensing entities that identifies all Community residential homes within Hernando County and the location of the proposed site in relation to existing Community residential homes in order to show that there is no other Community residential home within a radius of 1,000 feet of the proposed home.

(d)

Copy of the application for licensure and notification from either the Department of Elder Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, the Department of Children and Family Services, or the Agency for Health Care Administration, all of which are authorized to license a Community residential home to serve residents, as to the licensing status of the proposed Community residential home and specify how the home meets applicable licensing criteria for the safe care and supervision of the residents of the proposed home.

(e)

Upon request by County, the applicant shall provide the County a sworn affidavit (on such form as prescribed by the County) stating that the person or persons to occupy the proposed Community residential home will not constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others.

(f)

If the anticipated residents of the proposed Community residential home are "disabled adults" or "frail elders" as defined in s. 429.65, Florida Statutes, as such section may be amended or renumbered from time to time, then the applicant shall provide the County a sworn affidavit (on such form as prescribed by the County) stating that the person who owns or rents said home will be residing therein pursuant to chapter 429, part II, Florida Statutes.

(g)

Proof that the property has been inspected by the Fire Marshall in connection with the subject application and that the property satisfactorily passed inspection.

(2)

Siting of Community residential homes within Residential Zoning Districts:

(a)

Within the R-1A, R-1B, R-1C, R-2.5, RM, and R-2 Residential Districts: Homes of six or fewer residents, which meet the definition of a Community residential home as defined by State law and which otherwise satisfies the requirements of this subsection, shall be deemed a single-family unit for purposes of being a permitted use within these districts, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents, and further provided that no later than the time of home occupancy, the applicant must notify the County administrative official that the home has been duly licensed by the licensing entity.

(b)

Within the R-3, R-4 and R-R Residential Districts: When a site for a Community residential home has been selected by an applicant in any multifamily zoning district, the applicant shall notify the County administrative official in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the applicant indicating the licensing status of the proposed Community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The applicant shall also provide to the County all of the documentation described in paragraph (1) above to the extent not provided as part of the initial notice.

The County shall review the notification and other required documentation of the applicant. Pursuant to such review, the County administrative official may:

(i)

Determine that the siting of the Community residential home is in accordance with local zoning and approve the siting. If the siting is approved, the applicant may establish the home at the site selected.

(ii)

Fail to respond within 60 days. If the County fails to respond within such time, the applicant may establish the home at the site selected.

(iii)

Deny the siting of the home only if the County establishes that the siting of the home at the site selected:

Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area;

Does not meet applicable licensing criteria established and determined by the applicable licensing agency, including requirements that the home be located to assure the safe care and supervision of all clients in the home; or,

Would result in such a concentration of Community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing Community residential home in a multifamily zone shall be an over concentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area.

(3)

Additional Provisions; Termination; Revocation:

(a)

A home operating as a Community residential home pursuant to this subsection shall be subject to all other local laws, regulations, ordinances, and building codes.

(b)

Failure of the applicant to provide the County with a copy of its State license prior to, but no later than, the time of occupancy, shall immediately terminate the County's recognition of that home as a Community residential home for purposes of zoning compliance, thereby subjecting the property to zoning compliance enforcement.

(c)

Any person operating a Community residential home as defined herein pursuant to a State license, upon the licensing agency suspending or revoking such license shall be grounds for the County administrative official to revoke the County's recognition of that home as a Community residential home for purposes of zoning compliance, thereby subjecting the property to zoning compliance enforcement.

Standards for distribution electric substations that distribute electricity through lines less than sixty-nine (69) kilovolts in size. Distribution electric substations are subject to the following:

(1)

In nonresidential districts, the substation must comply with the setbacks and landscaping/buffer requirements applicable to similar uses in that district.

(2)

In residential districts, a setback of one hundred (100) feet between the substation property boundary and permanent equipment or structures shall be maintained. Native landscaping, including trees and shrubs, planted at eighty (80) percent opacity consistent with the landscaping requirements of the community appearance ordinance shall be provided along the site perimeter. An opaque fence or wall augmented with native landscaping consistent with the landscaping requirements of the community appearance ordinance may be used as a substitute.

(3)

Vegetated buffers beneath aerial access points to the substation equipment shall not be required to have a mature height in excess of fourteen (14) feet.

(4)

Substation equipment shall be protected by a security fence with a minimum height of eight (8) feet and which must remain locked.

(5)

Except for warning signs, signs required by the regulatory authority and signs that indicate ownership and emergency telephone numbers, no signage will be permitted.

(6)

Site lighting shall meet the following requirements: all fixtures must be full-cutoff or shielded and no spillover of light is permitted beyond the property boundaries

(7)

The review of proposed substations is limited to compliance with the applicable setback, buffering, landscaping, screening and compatibility standards of the land development regulations.

Commercial lighting standards. Provisions of this section are applicable to all retail commercial development regardless of size. All non-retail commercial development, regardless of size, and all office development, regardless of size.

Intent. The intent of this section is to provide lighting that enhances the visual impact of the project on the community and to specifically address lighting intensity levels and glare accordingly. Commercial buildings and projects shall be designed to provide safe, convenient and efficient lighting for pedestrians and vehicles.

Requirements.

(a)

Lighting, including pole heights and fixture types, shall be designed in a consistent and coordinated manner for the entire site. It shall be used to accent key architectural elements and/or to emphasize landscape features, and shall be designed to avoid the creation of hot spots, glare or a nuisance.

(b)

Light fixtures shall be designed as an integral design element that complements the design of the project through style, material or color.

(c)

Lighting of on-site buildings shall be limited to wall-washer-type fixtures or uplights, which do not produce spillover lighting.

(d)

Site lighting shall not incorporate floodlight fixtures mounted on building walls, roofs or poles, unless these are cutoff fixtures that do not produce glare and spillage of light off the site:

(e)

All fixtures must be full cutoff or shielded:

(f)

All lights must be pointed downward with the exception of low-level accent lighting;

(g)

No spillover of light is permitted beyond property boundaries;

(h)

No pole height shall exceed thirty-five (35) feet measured from finished grade to the mounted light fixture; and

(i)

The placement or use of searchlights shall be prohibited.

Sidewalks.

Sidewalks shall be constructed for the length of the site frontage along all adjoining roadways in conjunction with all new construction under the following conditions:

(a)

The site is located along a county designated arterial or collector street;

(b)

The site is adjacent to properties with existing sidewalks; or

(c)

The site is within two (2) miles of a public school.

All sidewalks shall be designed and constructed in accordance with the requirements of the Florida Accessibility Code and Hernando County Facilities Design Guidelines.

The county engineer may permit the waiver of sidewalk construction where one (1) or more of the following conditions exist:

(a)

The existing street or right-of-way is unimproved.

(b)

The sidewalk cannot be constructed due to existing natural, environmental, topographic or hazardous conditions.

(c)

The property is located in an area where sidewalks do not exist, new sidewalks are not projected nor planned for, and no abutting or connecting sidewalks exist.

(d)

The county engineer may require a contribution to the county sidewalk improvement fund as a condition of granting the waiver.

(Ord. No. 12-4-72, § III(b)(1); Ord. No. 76-2, § 9, 2-17-76; Ord. No. 78-4, § 1, 5-16-78; Ord. No. 80-14, § 1, 10-21-80; Ord. No. 81-8, § 1, 10-27-81; Ord. No. 82-14, § 1, 11-1-82; Ord. No. 86-30, § 1, 11-25-86; Ord. No. 87-8, § 3, 3-3-87; Ord. No. 87-30, §§ 1, 2, 12-22-87; Ord. No. 92-05, § 1, 5-14-92; Ord. No. 93-15, § 2, 6-29-93; Ord. No. 96-08, § 6, 5-7-96; Ord. No. 98-25, § 2, 10-13-98; Ord. No. 99-14, § 2, 7-6-99; Ord. No. 2000-04, § 8, 4-4-00; Ord. No. 2001-11, § 2, 7-31-01; Ord. No. 2002-15, § 4, 8-6-02; Ord. No. 2004-11, §§ 3, 4, 6, 8-3-04; Ord. No. 2005-01, §§ 2, 3, 2-8-05; Ord. No. 2007-07, § 1, 6-26-07; Ord. No. 2007-15, § 3, 8-21-07; Ord. No. 2012-11, §§ II, III, 10-23-12; Ord. No. 2013-11, § II, 4-23-13; Ord. No. 2015-05, §§ I—III, 4-14-15; Ord. No. 2016-11, § II, 7-12-16; Ord. No. 2018-1, § 3, 1-9-18)

Editor's note

Ord. No. 99-19, adopted Aug. 10, 1999, enacted provisions designated as Art. III, § 3, subsection G. Since said section already contained provisions designated as subsection G., the editor, in his discretion, has redesignated these new provisions as subsection H.

                    
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