§ 23-254.5. Standards for issuance of waivers, exceptions and variances.

(a)

Existing lots, parcels, structures or uses which become nonconforming or increase in nonconformity as a result of a governmental acquisition (excluding parking areas and lots or parcels zoned for construction of a residential unit involved in a partial taking for establishment of new roadways or other facility corridors) may be granted a waiver or exception by the county administrator or his designee, provided a determination is made that:

(1)

The requested exception or waiver will not adversely affect visual, safety, aesthetic or environmental concerns of neighboring properties; and

(2)

The requested exception or waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles; and

(3)

The requested exception or waiver does not deviate from the standards of the Hernando County Land Development Regulations and/or Code of Ordinances by more than ten (10) percent.

(b)

Existing lots, parcels, structures or uses which become nonconforming or increase in nonconformity as a result of a governmental acquisition, and constitute a deviation from the standards of the Hernando County Land Development Regulations and/or Code of Ordinances of greater than ten (10) percent, may be granted a variance by the board of county commissioners, provided a determination is made that:

(1)

The requested exception or waiver will not adversely affect visual, safety, aesthetic or environmental concerns of neighboring properties; and

(2)

The requested exception or waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles.

(c)

If the size of any parking area is reduced, or if the parking area must be relocated because the terms and conditions of the Hernando County Land Development Regulations cannot be met, a variance may be granted by the board of county commissioners, provided a determination is made that:

(1)

The requested exception or waiver will not adversely affect visual, safety, aesthetic or environmental concerns of neighboring properties; and

(2)

The requested exception or waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles; and

(d)

When lots or parcels zoned for construction of a residential unit are involved in a partial taking for establishment of new roadways or other facility corridors where such takings result in a deviation from the standards of the Hernando County Land Development Regulations and/or Code of Ordinances, the board of county commissioners may grant a variance, provided a determination is made that:

(1)

The requested exception or waiver will not adversely affect visual, safety, aesthetic or environmental concerns of neighboring properties; and

(2)

The requested exception or waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles; [and]

(3)

The requested exception, waiver, or variance will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the taking and/or construction of the roadway or other facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility, environmental and other impacts.

(Ord. No. 96-09, § 5, 5-21-96)