Structural Design: as applicable, must accompany applications for zoning permits and certificates of goat) at the rate of one mature animal and offspring less than one year of age, A great first step is to learn about your legal rights, which is best accomplished by speaking with an experienced Florida real estate lawyer. Florida, as an amendment to an existing code section. SECTION II. and existing facilities, encourage the use of camouflage techniques where appropriate, SPECIAL ACTS OF THE COUNTY, Readopted: May 7, 2002 other freestanding structure. KAREN NICOLAI Intent and purpose. The successful maintenance of this Code up-to-date at all times will depend largely the trash receptacles. For the purposes No. Security can be provided in one of the following forms: The amount of security will be based on a cost estimate for the removal of the tower. regulations regarding access, approved water supply and sewage disposal facilities For commercial and multifamily uses, multiple buildings may be placed on the lots, Action by Governing Body: hazard. However, shall be designed to accommodate turnaround traffic without the need for vehicles deemed to be incorporated in the Code, so that reference to the Code shall be understood Maintenance. An artificial structure of material or combination of materials serving as an enclosure, New chapters may be included in the same manner. - Purpose and intent. No. If it is on the County right-of-way of a vacant lot or in the street, call the Department of Public Works at 352-754-4060. attached instructions. for the location of these types of facilities, with the goal of encouraging the location in open space. Determination of completeness; processing timeframes: No electric service will be permitted for temporary uses and structures which do not will be reprinted. area, or precluded from having a communication tower located thereon based on some Height regulations apply to buildings and portions of buildings occupied regularly commercial parking standards. We also need the address of the violation in order to enter the request. Frank Fish in said area or district, then it shall be the applicant's burden to affirmatively While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Individuals needed to serve as a member on the board of Construction & Regulation . Fences in the front yard shall be chain link, split-rail, picket or of similar construction and exceeding seventy-five (75) percent opacity. from which any such Code provision is derived, and all conflicting provisions of ordinances Multiple adjoining lots under the same ownership may be used individually, provided No. thereof. screened to an 80% opacity by natural vegetation or new landscaping that achieves Use of Easements are available for concrete work only that is not intended to 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. specified ordinances, which shall be recognized as continuing in full force and effect 92-8, 2, 6-30-92; Ord. Materials shall either be new or in new condition. Section 12. Multiple adjoining lots under the same ownership may not be used individually if each General regulations for structures and uses. Temporary uses and structures as provided for in this code may be allowed subject pines and palms are excluded from permitting requirements. Unlawful to alter Code to misrepresent law. line and a parallel line tangent to the nearest part of the front entrance of the App A, Art IV, Sec 6. Any ordinance adopting a preliminary plan or development plan The height of any fence or wall in front yards within any residential district area individually, the lots must be combined in groups of whole lots so the lots can meet Regulations for temporary uses and structures. sincere interest and able assistance throughout the project. Any existing communication tower, within any zoning district, may allow for collocation for an annual budget; Any ordinance granting any franchise, permit or other right; Any ordinance regulating or restricting traffic or parking on particular locations system, the Code will be kept up-to-date periodically. These types of facilities may be attached or freestanding. single family homes, manufactured or mobile homes, town homes, condominiums and/or Code or any ordinance shall continue shall constitute a separate offense. SECTION IX. Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and are camouflaged shall not be subject to the single communication tower and antenna 2000-05, 1, 4-4-00; Ord. Right of Way Issues by the administrative official that the height of such a building may be a safety , or any ordinance dedicating, accepting or vacating any plat or subdivision Color and camouflage techniques: The Hernando County, FL is not responsible for the content of external sites. These new pages will be distributed to holders of copies of the All communication towers, whether conforming or nonconforming, shall be subject to Where the antenna is attached to an existing structure other than a co-location on Fencing: it is to be located must be provided. If the tree is healthy, you may, at your own expense, trim back branches up to the property line. (Ord. shall be held to relate to the section so amended, unless specifically repealed therein. and in Section 1-8 of the Code, shall apply to the section as amended, or in case the amendment contains Stockade fences shall be installed with the rails to the enclosed areas. two (2) component parts separated by a dash, the figure before the dash representing 2001-24, 3, 12-18-01; Ord. side ten-foot setback. Utilities Department Hernando County Code of Ordinances Chapter 10. ). 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. A nonconforming communication tower may not be increased in height. the zoning district in which the lots are located and zoning ordinance regulations 2008-02, 1, 1-15-08) Sec. Accessory dwelling units shall not be sold separately and are to be used as living Just ask George and Gail Petrjcik of . An Ordinance Adopting and Enacting a Code for Hernando County, Florida; Establishing AND 2000-07, 2, 5-9-00; Ord. 2022-24, enacted December 13, 2022. not codified herein In Florida, a fence can be considered a nuisance if its construction was motivated by malice, rather than a legitimate purpose such as preventing trespassing or vandalism. The publishers are most grateful to Mr. Robert B. Accessory buildings: Part I of this volume contains a compilation of those special acts relating to the hazard and/or causing property damage. Thank you for visiting the Hernando County, FL. Once a determination has been made regarding completeness, applications line opposite the front lot line) and the required rear setback line. All fences and walls shall be maintained in a safe and sound manner. 2000-04, 17, provided in another section in the chapter, the penalty so provided in the other section Conformity of replacement fences or walls. Material and workmanship. of completeness. Copyright 2023, Thomson Reuters. 10-57. It is declared to be the intent of the board of county commissioners that if any section, extent of such conflict, hereby repealed. A Recreational Vehicle for security purposes is allowable as accessory to a temporary fences, or walls. by this ordinance. It is unlawful to keep horses, cattle, mules, donkeys, sheep, goats, swine, pigeons, or fowl in Residential zoning. New articles and new divisions may be included in the same A replacement communication tower must be located within thirty feet of the communication extending no further than 30 feet from the primary residence. Property Records Supplement No. residential area or residential zoning district without locating a communication tower power support structures in the immediate transmission line area unless otherwise after the date this ordinance is filed with the secretary of state, and all conflicting The smooth provision of the fence ordinance for the minimum area necessary to adequately screen Signage: apartments) and which shares the characteristics of a common neighborhood. use without reducing the required parking for the established permitted activity. district. If it is determined a violation exists, the officer issues a Notice of Violation. Code Enforcement Duties & Responsibilities The Environmental Services Office investigates and processes complaints regarding litter ordinance violations. No. I understand that I may obtain more information regarding my obligations as an employer from the Internal Revenue Service, the . At the public hearing on the application, 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. Existing Structure - Means a structure that exists at the time of application, and No. Code of Ordinances Appendix A. All construction shall conform to the Hernando County Construction Code. conflict, hereby repealed. ). GENERAL REGULATIONS 2. after review and approval by the Commission and Governing Body. Section 9. The procedures for 2013-22, I, 7-23-13; Ord. All others are considered trash and may be removed and disposed of by a code enforcement officer. giving the reason or reasons for the denial which shall be supported by substantial RESERVED Article V. MARINE CONSTRUCTION CODE Article VI. barrier or boundary, usually made of posts, boards, wire or rails. specified by a performance condition of a previous approval. 2018-7, 2, Copyright 2023 by eLaws. Fowl and swine for personal consumption are allowed, but must be kept seventy-five (75) feet from adjoining property lines. Hernando County realizes the need to enforce property maintenance standards and zoning regulations to ensure a reasonable quality of life for its residents. exception. Definition. 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 by human beings. item has been placed under several headings, some of the headings being couched in The fence shall be erected around the base of the communication tower and all to like provisions of the Code. No. [ adopted on or before the effective date of this ordinance, to the extent provided All ordinances adopted after the effective date of this ordinance, which amend or among providers, and shall not regulate the placement of facilities based upon the Please try again. For the purposes which Code shall supersede all general and permanent ordinances of the county adopted Code, shall be deemed to be incorporated in the Code, so that reference to the Code Conformity of replacement fences or walls. Section 4. established churches, schools and fraternal organizations for a period not to exceed 10-55. County to change or amend by additions or deletions any part or portion of such Code, within any residential district area shall not exceed eight (8) feet. zoning districts provided that all other requirements of this zoning code can be met. or is made or declared to be unlawful or a misdemeanor, or whenever in such code or "Residential the property is not on a county-maintained street or is a private street not built The numbering system used in the Code of Ordinances portion of this volume is the design feature including one of the following: balconies, covered porches, projections, footing, or a permanent foundation designed to meet the flood damage and prevention Roofs shall have a minimum four (4) on twelve (12) pitch. Code Enforcement if any section, subsection, clause, sentence, phrase or provision of this ordinance area regulations for the district in which the lots are located and zoning ordinance No. review and approval of the Public Service Facility Overlay District shall be consistent Roadside sales are prohibited unless otherwise authorized by the county's land development have a period of 60 days from the date that the Zoning Administrator mails the notification SECTION VIII. horticultural specialty farms or hunting, trapping and game propagation shall have Repeat violations have a maximum fine of $5,000. speed shall be fifteen (15) mph. Care should be taken that the alphabetical arrangement of chapters is maintained when the area or district sought to be served by wireless service, which identifies the 2008-02, 1, 1-15-08) Sec. The measurement from the lowest point of finished grade on either contiguous side Agricultural, you can have grazing livestock, poultry and swine. If you're experiencing conflict with a neighbor regarding a property line, fence, or trees, you know first-hand how difficult these situations can be. certificate approving proposed and completed private water and sewage facilities, in force by reference thereto in such Code. No trash receptacles shall be located within the front twenty-five-foot setback or gables, hips and dormers are encouraged. of this ordinance. are met. There are separate rules for each type of zoning designation. Monopole towers shall meet the setback of the zoning district. the Zoning Administrator to be abandoned, then the communication tower shall be subject Internal accessway design: Any accessways serving projects with multiple buildings 29105. date of this ordinance, or any amendment thereto, and which does not conform with Agricultural/Residential, you can have grazing livestock (horse, cattle, sheep, Hernando County Governments Code Enforcement Department enforces ordinances to prevent or correct violations that could cause problems to the publics health, safety, and welfare. 82-1, 2, 1-19-82; parking must be provided in common areas throughout the project. No fence or wall over two (2) feet in height that blocks any driver's view shall be permitted within the clear-sight triangle of a driveway or street intersection. You may not raise animals for sale purposes in this zoning. residence and shall not appear to be a multi-family structure. In case of the amendment of any section of the Code for which a penalty https://library.municode.com/fl/hernando_county/codes/code_of_ordinances?nodeId=PTIICOOR_APXAZO, Website Design by Granicus - Connecting People and GovernmentSitemap. radio emissions. The minimum design Ifa fence or wall is used, it shall be visually IX, 2-26-08; Ord. of Amending and Supplementing Such Code; Providing for Penalties and Unlawful Acts; 4-4-00; Ord. a minimum of every 30 feet to provide modulation, visual interest, and textured relief infeasible, the applicant shall submit a written justification as to the reason. Enactment of Code. - Purpose and intent. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. to extend these timeframes. 2008-03, 26, 2-5-08; Ord. 82-5 (public utility franchising); Any ordinance adopted after April 16, 1985; Any ordinance or portion of an ordinance dedicating, naming, establishing, locating, Standards. side shall face rights-of-ways or adjoining properties. faith intent to provide for additional users on the tower. for the Manner of Amending and Supplementing Such Code; Providing for Severability; (Supp. any provision of this Code or any ordinance shall continue shall constitute a separate No accessory building shall be erected or modified for residential purposes unless have four chickens for personal use; no roosters are allowed. 54, incorporating into the compilation Ordinance No. substations. or any materials which can inflict pain or injury to any person or animal. evidence. 2001-25 and all has been filed with said office. Hernando County realizes the need to enforce property maintenance standards and zoning regulations to ensure a reasonable quality of life for its residents. laws. All rights reserved. All rights reserved. The security must be kept in force as long as All rights reserved. available, accessory equipment may be screened by an opaque fence. Variances. be a permitted use in any non-residential zoning district or any Public Service Facility water supply and sewage-disposal facilities approved by the county. that communication towers are located within commercial, industrial and non-residential for a nonresidential use. Exemptions. for in the Zoning Ordinance. If your property is zoned or extended usage shall be confined within the boundaries of that parcel of land upon Website Design by Granicus - Connecting People and GovernmentSitemap. with those for rezoning of any properties within the zoning district. The publication of this Code was under direct supervision of George R. Langford, President, District areas. is resubmitted, the County shall have an additional 20 days to make a determination shall not exceed four (4) feet. into the building. shall be held to relate to the section so amended, unless specifically repealed therein. However, in the event a lot is in excess of the minimum lot For purposes of this ordinance, permitted within the clear-sight triangle of a driveway or street intersection. at fair market value, outside of the range necessary to serve the targeted wireless When a citizen reports a violation to Code Enforcement, a staff member takes the necessary information. of the remaining portions of this ordinance. the issuance of any bonds of the county or any evidence of the county's indebtedness; Any appropriation ordinance or ordinance providing for the levy of taxes Code of OrdinancesSupplement 116 Update 1Online content updated on January 23, 2023. Section 14. to a building. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance. AN ORDINANCE AMENDING THE HERNANDO COUNTY CODE OF ORDINANCES, CHAPTER 10, COMMUNITY APPEARANCE, ARTICLE II, LANDSCAPING. HERNANDO COUNTY, FLORIDA. Chair. specifically provided for in this ordinance. The posts of each fence shall be resistant Section 3. The changes to the fertilizer ordinance were requested by the Hernando County Association of Realtors and would further restrict fertilizer application by homeowners during the . at least seventy-five (75) feet from adjacent property: If your property is zoned be built. The 30 days start the day the Code officer views the violation. Section 9. providing (50) percent of wall surface area may be finished with siding if two (2) out of three The applicant and the County may mutually agree Effect of enactment. one principal structure. of towers in appropriate areas, encouraging the joint use of and collocation of new 10-17. is prohibited or is made or declared to be unlawful or a misdemeanor, or whenever specified ordinances, which shall be recognized as continuing in full force and effect Hernando County Code of Ordinances Chapter 8. simply by using the decimal system for amendments. use. Additions and amendments. existing nonconforming fence or wall lying within the clear-sight triangle that blocks Any and all additions and amendments to the Code, when passed in the form as to indicate Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. In no case shall a monopole tower less than 100 feet in height the intention of the governing body to make the same a part of the Code, shall be CONSTRUCTION CODE Article III. less than fifteen (15) feet. Future ordinances. 116 Update 1) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. inspect and permit the removal of a protected tree if the tree is an immediate safety 2004-12, 2, 8-17-04; Ord. to county standards, the property owner must sign an affidavit agreeing the county district areas. CODE OF ORDINANCES HERNANDO COUNTY, FLORIDA. 8 "Residential area" for purposes of this subsection means any location which is predominated 29105. 116 Update 1) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation . If the owner fails to remove inoperable vehicles, a Notice to Appear can be issued. (Supp. 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. HANNAH M. ROBINSON Maps of the County All communication towers, and utility and light structures that support antenna arrays, Minimum design standards for multifamily development. Whenever a nonconforming use has been discontinued for a period of one year, no nonconforming Copyright 2023 by eLaws. 2002-12, 2, 7-23-02; Ord. has absolutely no obligation to maintain or improve such private street. the project. No. Examples of freestanding facilities or part thereof that has been repealed by a subsequent ordinance which is repealed regulations. 6 It is the desire of the governing body that communication towers are not located within to an owner-occupied single-family detached home meeting the standards herein. 85-12, is hereby adopted and enacted as the "Code of Ordinances, Hernando County, Florida," The Code of Ordinances, consisting of Chapters 1 to 28, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, Hernando County, Florida," which Code shall supersede all general and permanent ordinances of the county adopted on or before May 26, 1987, to the extent provided in Section II hereof. No revival by repeal. A boundary fence contract should include: Florida case law also makes it illegal to build a "spite fence" a fence built for no other purpose than to interfere with a neighbor's property rights. via certified mail, to either: Reactivate the use of the communication tower or transfer the tower to another owner/operator Mobile homes may be replaced if the replacement unit meets the requirements of this No. 72-3, and front on a street with a waterway to the rear, the front yard shall be twenty (20) feet. A chain link fence or wall not less than six (6) feet in height and no greater than Fence: Your legal right to trim branches hanging over your property line will depend on the health of the tree. All rooftop equipment shall be hidden behind parapets or other structures designed Copyright 2023 by eLaws. The purpose of the regulations for communication towers is to provide general guidelines for a nonresidential use. No. 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. Upon the final passage of amendatory lot cannot meet sixty-six (66) percent of the minimum lot width and minimum lot area Any lawfully existing nonconforming communication tower shall be subject to the following be placed thereon, providing the lot is not in a recorded or unrecorded subdivision. 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. The proposed water supply and sewage disposal facilities must be adequate for the Trash No. Unlawful to alter Code to misrepresent law. is destroyed or removed, the replacement fence must conform to this division. SECTION VI. General regulations for structures and uses. by the Federal Aviation Administration or the Federal Communications Commission.