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Second Public Hearing to Consider Ordinance Amending Ordinance Relations to Conditional Use Permits
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BRIEF OVERVIEW
On December 2, 2025, the Development Services Director presented the Board with draft revisions to multiple sections of Appendix A (Zoning) of the Hernando County Land Regulations. Conditional Use Permits and the process for their approval was a primary topic of discussion.
The proposed ordinance amends Appendix A (Zoning), Article V, Section 4 (Conditional Use Permits), and Article I, Section 3 (Definitions) of the Code, addressing the following:
1. Removing the requirement for Conditional Use Permits for temporary second principal buildings on one lot of record to be heard by the Planning and Zoning Commission and makes the approval allowable by the Administrative Official.
2. Removing the requirement for Conditional Use Permits for seasonal sales of plants or plant materials not accessory to schools, churches or fraternal organizations to be heard by the Planning and Zoning Commission and makes the approval allowable by the Administrative Official.
3. Provides a period of up to two (2) years during which a temporary second principal building may be placed on a property, with a total duration not to exceed ten (10) years.
4. Provides clarity on what a temporary second principal building is and in which zoning districts those buildings may be located.
5. Provides clarification on when and for how long a temporary security residence may be approved by the Administrative Official.
6. Provides a definition for extreme personal hardship.
Public Hearing History:
On March 3, 2026, the Board of County Commissioners provided consensus to proceed with the ordinance; however, they requested clarification on the definition of “Extreme Personal Hardship”.
Revisions to Ordinance:
Based on the discussion at the March 3, 2026, Board meeting, the following revisions were incorporated into the Ordinance:
1. Temporary Second Dwelling Unit in cases of Extreme Personal Hardship
a. Added section titles for clarity.
b. Referenced the location of definition of Extreme Personal Hardship.
c. Provided specific circumstances of Extreme Personal Hardship, such as damage or destruction of a primary residence and the need for medical caregivers.
d. Defined damage or destruction of a primary residence.
e. Defined medical caregiver needs.
f. Provided residency requirements for medical caregiver hardships (caregiver and care receiver must reside full time; caregiver may reside at temporary dwelling unit with spouse or partner and minor children)
g. Provided for medical documentation by a doctor, with final determination to be validated by Administrative Official or designee.
h. Specified that the final determination of type of temporary dwelling unit “regarding the appropriateness of the unit” is made by Administrative Official or designee.
i. Other non-substantive changes.
2. Temporary Security Dwelling Unit
a. Added section titles for clarity.
b. Specified that final determination of type of temporary dwelling unit “regarding the appropriateness of the unit” is made by Administrative Official or designee.
c. Included time period for removal of temporary security dwelling:
“Notwithstanding the period granted on the temporary permit, the temporary security dwelling shall be removed from the property within thirty (30) days of the issuance of a Certificate of Occupancy (C.O.), or no later than thirty (30) days after conclusion of the activity for which the temporary permit was issued, whichever occurs first.”
d. Other non-substantive changes.
3. Extreme Personal Hardship:
a. Edited the definition from “substantially or exceptionally limits the reasonable use of the property …” to “eliminates any economically viable use of the parcel. “
b. Changed from “previous owner’s actions” to “property owner’s predecessors in interest, which shall be considered a self-acquired hardship,” which also covers owner’s under a trust or similar arrangement.
Due to the change in ordinance title, there was a footnote added to the legal ad recognizing the non-substantial change for public notification and awareness.
FINANCIAL IMPACT
There is no financial impact associated with this request.
LEGAL NOTE
The Board has the authority to act on this matter pursuant to Chapter 125, Florida Statutes.
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RECOMMENDATION
It is recommended that the Board discuss the proposed ordinance, take public comment, and approve and authorize the Chairman’s signature on the Ordinance.