§ 28-267. General exemptions.  


Latest version.
  • The following activities are exempt from the land use prohibitions applicable to WHPAs and SPAs under this article:

    (1)

    Continuous transport of regulated substances. The transportation of any regulated substance throughout Hernando County shall be exempt from the provisions of this article, provided the transporting motor vehicle is in continuous transit and meets all applicable state and federal requirements.

    (2)

    Office use. Use, handling or storage of regulated substances by offices shall be exempt from the provisions of this article, providing that the regulated substances are auxiliary to the operating activities of the business.

    (3)

    Janitorial uses. The use of regulated substances for the maintenance and cleaning of residential, commercial and office buildings shall be exempt from the provisions of this article.

    (4)

    Application of pesticides, herbicides, fungicides and rodenticides. The application of those regulated substances used as pesticides, herbicides, fungicides and rodenticides in recreation, agriculture, pest control and aquatic weed control activities shall be exempt from the prohibitions of this article, provided that the following procedure is followed: The application of any pesticides, herbicides, fungicides and rodenticides shall be flagged in the records of the certified operator supervising the use. The certified operator shall provide specific notification in writing to the applicators under his or her supervision that they are working at a site located in WHPA One or WHPA Two (2) or an SPA for which particular care is required. Records shall be kept of the date and amount of those substances applied at each location and said records shall be available for inspection at reasonable times by the county.

    (5)

    Fire, police, emergency medical services and county emergency management facilities. Existing fire, police, emergency medical services and county emergency management center facilities are exempt from the prohibitions of this article.

    (6)

    Potable water utilities. Potable water utilities are exempt from sections 28-266(a)(11), (12), (13), and (17) to the extent necessary to operate water treatment facilities in WHPA One. Utilities shall eliminate the use of liquid fuels for backup generators whenever possible. Provisions shall be made for aboveground and secondary containment when liquid fuels will continue to be used.

(Ord. No. 94-8, § 7, 6-27-94)