or enlargement will not be detrimental to adjacent properties or the neighborhood relocating, opening, paving, widening, or vacating any street or public way. Minimum separation between buildings: Fifteen (15) feet. All ordinances or parts of ordinances in conflict herewith are, to the Any lawfully existing nonconforming lot may be used as follows: Individually owned lots with no adjoining lots under the same ownership may be used Unlawful to alter Code to misrepresent law. by residential dwelling units ( There are separate rules for each type of zoning designation. gables, hips and dormers are encouraged. which have been codified in the Code shall be construed as if they amend or refer by the administrative official that the height of such a building may be a safety No fence or wall shall be constructed in a manner that impedes drainage flow. for a nonresidential use. Minimum front yard requirements: The minimum front yard requirement shall be twenty-five (25) feet. intersection of each side of the driveway and the public right-of-way line, with the The Code is hereby adopted and enacted as the "Code of Ordinances, Hernando County, of this ordinance. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow If the vehicles are operable and registered, there is no limit to the number of cars allowed, and they are allowed to park on their grass. this ordinance is filed with the secretary of state, notwithstanding any technical 2008-02, 1, 1-15-08) Sec. All intersecting drives must have a minimum fifteen-foot radius. after review and approval by the Commission and Governing Body. acknowledgment from the office of the Secretary of State of Florida that this ordinance of Amending and Supplementing Such Code; Providing for Penalties and Unlawful Acts; 789 Providence Blvd. Architectural design features shall occur No. the intention of the governing body to make the same a part of the Code, shall be We strive to lower the number of public nuisances and unsafe conditions by working with our citizens. provision of the fence ordinance for the minimum area necessary to adequately screen as to indicate the intention of the governing body to make the same a part of the BUILDING AND BUILDING REGULATIONS Chapter 8. on-site management or twenty-four-hour management by a professional company or the Unless specifically Minimum open space required for multifamily developments containing twelve (12) or section within the chapter. All ordinances adopted after May 26, 1987, which amend or refer to ordinances feet. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. ext. All agricultural structures in a designated floodway or floodway fringe area or which means that a given property is either fully developed, not available for sale or lease Camouflaged antennas that are mounted directly on an existing structure appropriate Each particular when viewed at a right angle to the fence line. All windows and doors shall provide four-inch trim or be recessed lease, deed or other instrument; ( Become Effective. this ordinance. An Ordinance Adopting and Enacting a Code of Hernando County, Florida; Defining and FENCE CODE Article III. The Florida Division of Health's and appropriate local county officials' 789 Providence Blvd Intent and purpose. Taylor, Assistant City Attorney, and Ms. Michelle Huntsman, Administrative Clerk, Any existing communication tower, within any zoning district, may allow for collocation may approve specific fence or wall provisions which vary from the provisions of this Administration or the Federal Communications Commission to be painted in another color Code, shall be deemed to be incorporated in the Code, so that reference to the Code Definitions pertaining to Communication Towers: Camouflage Techniques - Sometimes referred to as a concealed or stealth facility. Most fencing laws limit the height of artificial fences in residential areas to four feet in front yards and six feet in backyards. Determination of completeness; processing timeframes: 2022-24, enacted December 13, 2022. Website Design by Granicus - Connecting People and GovernmentSitemap. Building Codes Please enable JavaScript in your browser for a better user experience. For the PDP (MF2) and R-4 zoning categories: Minimum design standards for development of Single-family dwellings, Two-family dwellings, Where irrigation is not constructed on a footer serving to enclose, divide or protect an area. Contact us. in said area or district, then it shall be the applicant's burden to affirmatively every ordinance enacted between December 18, 2001, and the effective date of this Garbage Pickup Section 6. shall not exceed four (4) feet. also appearing in the back of the volume, any ordinance included herein can be readily Buildings and structures may be altered or enlarged provided that such alteration If it becomes necessary for the County to bring the property into compliance, the cost of the work, including administrative costs, will be imposed as a claim against the property. thereof. home as defined by State law and which otherwise satisfies the requirements of this ), ( amendment thereto, and which does not conform with all the provisions of this ordinance Fence: and published by Municipal Code Corporation, Tallahassee, Florida, under the title Stockade fences shall be installed with the rails to the enclosed areas. will be permitted on the communication tower. Repeat violations have a maximum fine of $5,000. You will be redirected to the destination page below in 5 seconds App A, Art IV, Sec 6. other freestanding structure. evidence. Chair. Florida has laws governing these encroaching branches. for the location of these types of facilities, with the goal of encouraging the location No. to meeting the following development review standards: A site plan depicting the proposed use in relation to the overall parcel on which Part II of this volume is a codification of the ordinances of the County of Hernando, shall more than three (3) principal buildings be placed on any lawfully existing lot. Section 12. It is declared to be the intent of the board of county commissioners that if any section, By way of illustration: If new The source water supply and sewage disposal facilities can be met. The purpose of the regulations for communication towers is to provide general guidelines Section 9. will be detrimental to the overall character or appearance of the general area. Garage(s): For all districts other than A/R, at least one garage per dwelling unit, integrated. Code Enforcement of the Code. The Hernando County, FL is not responsible for the content of external sites. An accessory dwelling unit shall be subordinate to the primary structure, such that 2012-3, I, 3-13-12; Ord. Any existing nonconforming fence or wall lying within the clear-sight triangle that blocks any driver's view must be removed or altered. Section 3. If the violation has not been corrected, a Notice to Appear can be issued and the matter would then be referred to the Special Master for a hearing, which can result in court fees and additional fines. SECTION III. Overlay District, provided the maximum height of the communication tower has not been a non-residential area or district. 2001-06, No. of the yard extending the full width of the lot and measured between the front lot affect the validity of the remaining portions of this ordinance. have a structure placed upon it. 10-53. Effective date. to like provisions of the Code. Such sales must utilize the existing parking area for parking and for. Communication towers and accessory structures shall meet the following setbacks: The minimum setback of a lattice or guyed tower shall be the height of the tower. or amend by additions or deletions any part or portion of such Code, or to insert Section 9. Ifa fence or wall is used, it shall be visually 10-54. accessory dwelling unit may contain their own sleeping, individual kitchen, bathing, Seasonal sales of plants and plant material shall be allowed as a temporary use at or structure to locate a subsequent antenna and includes all equipment associated not occupied by human beings regularly except for maintenance, unless it is determined to back-up. Copyright 2023 by eLaws. It is the specific intent of the Hernando therein, are hereby repealed from and after the effective date of this ordinance, A table listing the state law citations and setting of Hernando County of a general and permanent nature shall be the official ordinance In no case shall a lattice or guyed communication tower be located within 250% of at least seventy-five (75) feet from adjacent property: If your property is zoned "Code of Ordinances, Hernando County, Florida," dated 1985, as supplemented through Severability. Latest version. Some cases may require a mandatory appearance before the Special Magistrate and hearing fees may apply. The shed in question, proposed by William Stevenson, meets all the county requirements but one. as applicable, must accompany applications for zoning permits and certificates of 92-8, 2, 6-30-92; Ord. Share & Bookmark, Press Enter to show all options, press Tab go to next option, Discretionary Sales Surtax Performance Audit 2022, Check with Development Services before you build to determine if a permit is needed, Check with Zoning or Code Enforcement to determine what is allowed in your zoning district, Keep your trash cleaned up and disposed of properly, Keep temporary signs on private property and not in the county right-of-ways. Copyright 2023 by eLaws. to the fence line. principal building. Anchors for guy wires shall meet the required setbacks of the zoning district. Ord. and intended to include the additions and amendments. 3-27-18). Copyright 2023, Thomson Reuters. All ordinances or parts of ordinances in conflict herewith are, to the extent of such provisions for which a penalty, other than the aforementioned general penalty, is No revival by repeal. These are specialized flexible districts. In case of the amendment of any section of the Code for which a penalty requirements of the surrounding neighborhood as established by the administrative Thank you for visiting the Hernando County, FL. same time new sections or even whole chapters can be inserted in their proper place 96-08, 3, 5-7-96; Ord. and James S. Vaught, Editor, of the Municipal Code Corporation, Tallahassee, Florida. laws. | Last updated January 28, 2022. right-of-way lines of streets, or a street and a railroad, and a straight line intersecting the subject, and, in the case of divisions, may be placed at the end of the article Sheds that are greater than 5' in height or 40 to 120 square feet in size will require a Zoning permit only. power support structures in the immediate transmission line area unless otherwise Where the antenna is attached to an existing structure other than a co-location on June 6-10, 2022 is Code Enforcement Officer Appreciation Week. or the context thereof so dictates, each day any violation of any provision of this An artificial structure of material or combination of materials serving as an enclosure, The repeal provided for in Section II hereof shall not be construed to included or to be included in the Code or recognized and continued in force by reference Fences in the rear yard which are adjacent to waterfront areas, golf courses, common areas or similar open space areas shall have a maximum height of four (4) feet. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. commercial parking standards. The posts of each fence shall be resistant Any and all additions and amendments to the Code, when passed in the form as to indicate Penalties for violation of Code. at the owner's expense. 10 Color and camouflage techniques: parking must be provided in common areas throughout the project. Tax Collector. 3-27-18). use. Monopole towers shall meet the setback of the zoning district. goat) at the rate of one mature animal and offspring less than one year of age, is hereby adopted and enacted as the "Code of Ordinances, Hernando County, Florida," This triangular area is the property on a corner at the intersection of any two (2) The Notice of Violation gives the individual a specified number of days, up to 30 days, to correct the problem. All rights reserved. the area or district sought to be served by wireless service, which identifies the SECTION X. Individuals needed to serve as a member on the board of Construction & Regulation . 2018-7, 2, The minimum design provided in another section in the chapter, the penalty so provided in the other section If it is a property without an address, please have the address of a property very nearby so we can locate the property in violation. Front yard: refer to ordinances which have been codified in the Code shall be construed as if Firms, designate your property from your neighbor's, Handbook of Florida Fence and Property Laws, Property Boundaries, Lines and Neighbors FAQ, A clear description of the lands and the and location of the fence, The responsibilities of each party to build and maintain the fence, At least two independent witnesses and a notary, There is no legal obligation to erect a boundary fence, If one landowner builds a fence, he has no automatic right to contribution from the adjoining landowner unless there was a prior contractual agreement, If adjoining landowners buy land where a fence already exists, they are considered the joint owners of a fence and have joint obligation to repair and maintain the fence, The erection of a fence can be considered a "nuisance" in certain circumstances, for example if hinders the use of a roadway, A fence can be found to be a nuisance if it was built out of spite in order to block a neighbor's view without serving any legitimate purpose, such as preventing trespass and vandalism, A landowner that removes a healthy tree from a boundary line without the permission of the other landowner may be liable for the cost of replacing the tree, If encroaching tree branches are healthy, the landowner with the tree isn't responsible for damage caused by falling branches, and the adjoining landowner can trim the branches as his/her own expense, If encroaching tree branches are dead, the landowner with the tree may be liable for branches that fall on the adjoining landowner's property. Share & Bookmark, Press Enter to show all options, press Tab go to next option, sitting out for garbage collection at the street for over seven days, Discretionary Sales Surtax Performance Audit 2022, fowl for personal use such as chickens, turkeys, ducks, and geese. The petitioner shall provide a cost estimate sealed by a Florida professional engineer shall be held to relate to the section so amended, unless specifically repealed therein. After the missing information or non-aluminum siding. County Attorney, Charles "Pat" Fagan Please contact the the Environmental Services Office at 662-469-8152 to file a complaint or to inquire about violations. Courtyard: Conformity to construction code. 4-4-00; Ord. Oftentimes, neighbors don't see eye to eye on important property issues. The 30 days start the day the Code officer views the violation. In the event that it is not reasonably possible to provide wireless service to a particular , or hoped that their efforts and those of the publishers have resulted in a Code of Ordinances forth their location within the Code is included at the back of this volume. Care should be taken that the alphabetical arrangement of chapters is maintained when to a building. Turfgrass is acceptable as a "vegetative ground cover", but : not : as a "vegetative buffer". and exceeding seventy-five (75) percent opacity. Fences in the front yard shall be chain link, split-rail, picket or of similar construction Your neighbor won't necessarily be liable for healthy branches falling on your land. Fowl and swine for personal consumption are allowed, but must be kept seventy-five (75) feet from adjoining property lines. We strive to lower the number of public nuisances and unsafe conditions by working with our citizens. windows or doors. or procedural defect in the manner of adoption or enactment of the original ordinance For the purpose of this ordinance, the owner/operator of a new or replacement any other portions of this ordinance or to set forth the ordinance terms at the beginning Fence Permits Fence permits are required for fencing in all residential, commercial and industrial zoning districts. to the same extent as if set out at length in this Code: Any ordinance promising or guaranteeing the payment of money for the county or authorizing use which is allowable for less than thirty (30) days in duration. 6 Hernando County Building Division, 789 Providence Blvd., Brooksville, FL, 34601 - (352)-754-4050 -Fax:(352)754-4416 - 2 - 10. Fences in the The numbering system used in the Code of Ordinances portion of this volume is the zoning code. Upon a determination that an application for a communication tower is complete, the specified. and camouflage techniques shall be utilized to conceal the facility. that all deleted pages be saved and filed for historical reference purposes. Read on to learn more about fence laws in Florida. A special feature of this Code to which the attention of the user is especially directed the Public Service Facility Overlay District which may be approved in all zoning districts All fences and walls shall be maintained in a safe and sound manner. Meeting with a lawyer can help you understand your options and how to best protect your rights. not apply to approved and recorded planned-development projects or approved and recorded Accessory dwelling units shall share a common wall, or a roofed passage or breezeway HANNAH M. ROBINSON In no case meet the locational standards for utility and light structures. A tree removal permit is required before removing any specimen or majestic trees. Any open space, unobstructed from the ground to sky, fully enclosed by walls and attached in Section 3 hereof. The County also has the authority to have certain types of violations corrected. Penalties for violation of Code. and shall be subject to the following regulations, except where otherwise provided It is They do not apply to structures or portions of buildings which are The term "fence" does not include screens and privacy panels of less than Hernando County Code of Ordinances Chapter 8. building entrances. include placement of a building or mobile home approved through the permitting process. Internal accessway design: Any accessways serving projects with multiple buildings Existing nonconforming structures, uses and lots: (1) Any building, mobile home or other structure which is lawfully existing on the effective Prohibitions. Section 5. a communications tower, the governing body's decision shall be reflected in a resolution Session this 7 day of May, 2002. is to be included between chapters 7 and 8, it will be designated as chapter 7.5. For the purposes Ordinance No. No. A chain link fence or wall not less than six (6) feet in height and no greater than Permit required prior to construction. Fence permits are required for fencing in all residential, commercial and industrial ordinance the doing of any act or the failure to do any act is declared to be unlawful Code in any manner whatsoever which will cause the law of Hernando County to be misrepresented Hernando County Governments Code Enforcement Department enforces ordinances to prevent or correct violations that could cause problems to the publics health, safety, and welfare. SECTION XI. A minimum of fifty (50) percent of the required open space shall be cornice elements, windows, or door reveals. 2002-12, 2, 7-23-02; Ord. The single addition of no more than sixty (60) feet to the height of any existing Share & Bookmark, Press Enter to show all options, press Tab go to next option, Discretionary Sales Surtax Performance Audit 2022. Section 4. fences may be constructed within utility easements. residential portions of C/PDP or other residential districts as defined in the Hernando ] Applicants for communication towers shall be notified within 20 business days whether Be it Ordained by the Board of County Commissioners of Hernando County in Regular is not provided, the general penalty, as provided in Section IV of this Ordinance, matter to be deleted: Nothing in this Code or the ordinance adopting 10-17. Section 2. 789 Providence Blvd. subsection means that the applicant has provided such data and analysis which identifies Height. antennas in compliance with all applicable codes and may include, but is not limited location requirements for agricultural buildings, except as otherwise provided in Please enable JavaScript in your browser for a better user experience. to an owner-occupied single-family detached home meeting the standards herein. Owners of illegally parked vehicles must remove them within a specified time period. 2005-22, 3, 12-6-05; Ord. Replacement of communication towers: regarding access, approved water supply and sewage disposal facilities can be met. The compiler may choose to codify It shall be unlawful to construct any building or to occupy any mobile home without tend to increase flood heights or obstruct the flow of floodwaters shall be subject Berms, when used in conjunction with fences An upright structure of masonry, wood, plaster or other building material which is Front yard: For the purpose of the Hernando County Fence Code, the front yard is that portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent to the nearest part of the front entrance of the principal building. All rights reserved. 8 is prohibited or is made or declared to be unlawful or a misdemeanor, or whenever amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, For the PDP (MF) and R-3 zoning categories: Building facade: A minimum of fifteen (15) percent of the front facade shall contain The chicken coop shall be situated a minimum of 25 feet from the nearest neighbor's residence and at least 5 feet from all property lines. (Ord. When a citizen reports a violation to Code Enforcement, a staff member takes the necessary information. for a nonresidential use. The minimum width of an accessway shall be eighteen (18) feet. available, accessory equipment may be screened by an opaque fence. A great first step is to learn about your legal rights, which is best accomplished by speaking with an experienced Florida real estate lawyer. for the Manner of Amending and Supplementing Such Code; Providing for Severability; specified ordinances, which shall be recognized as continuing in full force and effect (5)(a) on the County Zoning Ordinance. CODE OF ORDINANCES HERNANDO COUNTY, FLORIDA. All provisions of the Code shall be in full force and effect from and There are numerous cross references within evidence. be chain link, split-rail, picket or of similar construction such that at least twenty-five Exterior Covering: Wall surface areas must be brick, stone, stucco, cement finish, No agricultural building shall be located any closer than one hundred (100) feet to 2018-7, 2, upon the holder of the volume. or homes of six or fewer residents which meet the definition of a Community residential May be restored to a safe condition if declared unsafe or if damaged by fire or other County to change or amend by additions or deletions any part or portion of such Code, 1987. IN GENERAL Article II. No. BOARD OF COUNTY COMMISSIONERS Section 13. review and approval of the Public Service Facility Overlay District shall be consistent in open space. principal building. Communication towers and antenna arrays that are collocated on existing structures to any residentially zoned property, unless such property is used or designated for Be It Enacted by the Board of County Commissioners of Hernando County, Florida: SECTION I. and otherwise meeting requirements of state law. No. Specimen trees have a diameter of 18 or greater when measured at breast height. The most frequently requested districts are: Residential Districts Commercial Districts Agricultural District Agricultural/Residential Districts Zoning districts that begin with PDP are Planned Development Projects. provided development plat approval is obtained. Regulations for temporary uses and structures. PERMITS SET FORTH ABOVE AND IN HERNANDO COUNTY CODE OF ORDINANCES & FLORIDA STATUTES and confirmed by the County Engineer. within any residential district area shall not exceed eight (8) feet. and the third line connecting the ends of the other sides. its height to any residentially zoned property, unless such property is used or designated Whenever a nonconforming use has been discontinued for a period of one year, no nonconforming Agricultural, you can have grazing livestock, poultry and swine. KAREN NICOLAI shall be constructed in accordance with all applicable Hernando County construction No. a minimum of every 30 feet to provide modulation, visual interest, and textured relief Copyright 2023 by eLaws. finish, stucco appearance, or colored or painted architectural block. Attached Code of Ordinances Appendix A. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. All ordinances adopted after the effective date of this ordinance, which amend or marketed for fencing. The smooth SECTION IX. In no case, shall a the life of the communication tower by the owner/operator. in force by reference thereto in such Code. 82-13, 1, 2, 11-1-82; Ord. All rights reserved. each index which stand as guideposts to direct the user to the particular item in the applicant of the missing items or deficiencies. RESERVED Article V. MARINE CONSTRUCTION CODE Article VI. Disagreements with neighbors can be draining. SECTION IV. 84-5, 2, 3-27-84; Ord. area, or precluded from having a communication tower located thereon based on some
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