§ 10-33. Variances.

(a)

After a report from the county administrator or designee, the board of county commissioners may approve a variance from the terms of this article. Said approval will not be contrary to the public interest when due to special conditions, a literal enforcement of the provisions would result in unnecessary and undue hardship. The basis for the variance must include a justification statement from the applicant where the alternative equals or exceeds normal compliance.

(b)

Commercial projects:

Approved variance to remove protected tree: If a variance is granted to remove a tree, the applicant shall either:

(1)

Replace with at least three-inch caliper trees of a similar species on a per inch basis equal to the total DBH to be removed; or

(2)

If the site cannot readily accommodate all of the required replacement trees as calculated in subsection (a) above, the applicant shall replant with at least three-inch caliper trees to obtain a density of at least fifteen (15) trees per acre on the site. The planted market value of the number of trees not able to be accommodated on the site shall be paid to the Hernando County Landscape Enhancement Program.

(c)

Subdivisions and residential lots:

Approved variance to remove protected tree: If a variance is granted to remove a specimen tree or majestic tree, the applicant shall either:

(1)

Replace with at least three-inch caliper trees of a similar species on a per inch basis equal to the total DBH to be removed; [or]

(2)

If the site cannot readily accommodate all of the required replacement trees as calculated in subsection (a) above, the applicant shall replant with at least three-inch caliper trees to obtain a density of at least fifteen (15) trees per acre on the site. The planted market value of the number of trees not able to be accommodated on the site shall be paid to the Hernando County Landscape Enhancement Program.

(Ord. No. 2008-02, § 18, 1-15-08)