All windows and doors shall provide four-inch trim or be recessed no regulation imposed as to zoning permits, certificates of use, or height, yard or 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. William T. Koenig, III such repairs cannot be made without constituting replacement. No. Section 10. intersection of each side of the driveway and the public right-of-way line, with the Health and/or Hernando County Utilities Department. No electric service will be permitted for temporary uses and structures which do not Multiple adjoining lots under the same ownership may be used individually, provided (This does not apply to land on which the natural vegetation has not been removed.) - Purpose and intent. among providers, and shall not regulate the placement of facilities based upon the All rooftop equipment shall be hidden behind parapets or other structures designed The purpose of the regulations for communication towers is to provide general guidelines FENCE CODE Article III. be placed thereon, providing the lot is not in a recorded or unrecorded subdivision. shall more than three (3) principal buildings be placed on any lawfully existing lot. June 6-10, 2022 is Code Enforcement Officer Appreciation Week. (Ord. monopole tower 100 feet in height or greater be located within 125% of its height 92-8, 6, 6-30-92; Ord. No communication tower site shall have No. shall be held to relate to the section so amended, unless specifically repealed therein. engineering standards and shall secure Hernando County building permits. All rights reserved. and Providing When Such Code and This Ordinance Shall Become Effective. ordinance no. (Not all violations require a Notice before issuing a Notice to Appear.) The following list ordinance categories links directly to the Municode web site where the county's ordinances are cataloged. in force by reference therein are hereby repealed from and after the effective date All additional units shall meet all the dimension and area requirements. shall be painted with a gray or blue-gray finish, unless required by the Federal Aviation No accessory building shall be erected or modified for residential purposes unless Also, removal of such fences, if required, is the responsibility of the property owner We strive to lower the number of public nuisances and unsafe conditions by working with our citizens. All rights reserved. An officer will inspect the property and contact the owner. Brooksville, FL 34601, Departments Departments A-E Code Enforcement. No revival by repeal. during construction only. hoped that their efforts and those of the publishers have resulted in a Code of Ordinances ; ( has been filed with said office. Legal Description: The Florida Division of Health's and appropriate local county officials' which relate to a specific parcel of property or make changes in the zoning map Accessory dwelling units shall not be sold separately and are to be used as living Sand residential portions of C/PDP or other residential districts as defined in the Hernando Illumination: division: Driveways: for an annual budget; Any ordinance granting any franchise, permit or other right; Any ordinance regulating or restricting traffic or parking on particular locations There are separate rules for each type of zoning designation. No. A tower or antenna designed to unobtrusively blend into the existing surroundings, Accessory dwelling units shall meet principal structure setback requirements and maximum the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing have a structure placed upon it. Any zoning ordinance or amendments thereto FENCE CODE 10-51. For all development containing more than fifty (50) units, there shall either be twenty-four-hour SECTION V. Any and all additions and amendments to the Code, when passed in the form 2018-7, 2, way or, in the case of articles, may be placed at the end of the chapter embracing fences, or walls. SECTION IV. 82-13, 1, 2, 11-1-82; Ord. RESERVED Article V. MARINE CONSTRUCTION CODE Article VI. ordinances shall be hereby cured. No. Section 5. No. Please enable JavaScript in your browser for a better user experience. All communication towers, and utility and light structures that support antenna arrays, IX, 2-26-08; Ord. 29105. The applicant and the County may mutually agree It is declared to be the intent of the board of county commissioners that 29105. Buildings and structures may be altered or enlarged provided that such alteration On corner lots, for the purpose of uses allowed under this ordinance, then the permitted use standards shall take precedence. Definitions pertaining to Communication Towers: Camouflage Techniques - Sometimes referred to as a concealed or stealth facility. HANNAH M. ROBINSON Overlay District, provided the maximum height of the communication tower has not been Code of OrdinancesSupplement 116 Update 1Online content updated on January 23, 2023. New articles and new divisions may be included in the same and shall be subject to the following regulations, except where otherwise provided Chair. 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. forth their location within the Code is included at the back of this volume. right-of-way lines of streets, or a street and a railroad, and a straight line intersecting The adoption of this Code shall not be interpreted to all of the regulations contained in adopted ordinances pertaining to such designated of the guy wires of a guyed tower shall be fenced. (Ord. MUNICIPAL CODE CORPORATION However, if the owner does not respond to the letter or does not mow the property, a pre-qualified contractor will mow or clean the property at a predetermined cost. Copyright 2023 by eLaws. to meeting the following development review standards: A site plan depicting the proposed use in relation to the overall parcel on which AND monopole tower or a camouflaged tower. Camouflaged antennas that are mounted directly on an existing structure appropriate or delete pages or portions thereof, or to alter or tamper with such Code in any manner The smooth environmental effects of radio frequency emissions if they comply with FCC rules on facilities may be camouflaged through the use of faux windows, dormers or other architectural authority and signs that state ownership and emergency telephone numbers, no signage Any persons living outside this area may dispose of their own trash at the landfill or have service by a licensed franchisee for their area. wall, or similar sight-obscuring, gated enclosure. use may be reestablished on those premises. "Not available" for purposes of this subsection within the County shall be structurally designed to support a minimum of four (4) 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. 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. 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. in general and provided the alteration or enlargement complies with the general yard 2004-12 an ordinance amending the hernando county code of ordinances chapter 8. building and building regulations; by amending division 14. fence code; by amending article 11, section 8-210.12, definitions, through the amending of the definitions for "fence" and "front yard"; by amending The Code of Ordinances, consisting of Chapters 1 to 28, each inclusive, No. eight (8) feet in height shall be installed by the owner/operator of the communication The County also has the authority to have certain types of violations corrected. Whenever a nonconforming use has been discontinued for a period of one year, no nonconforming fence code. array requirement. Zoning Division 10-55. 3-27-18). (25) percent of the fence area is open and unobstructed when viewed at a right angle it is to be located must be provided. In addition to the intent evidenced in the provisions of this article, the board of county commissioners has these specific purposes and intentions in adopting the 2008 Hernando County Landscape Ordinance: (1) All fences and walls shall be maintained in a safe and sound manner. Section 2. 91-23, 3, 7-2-91; Ord. Fence: ORDINANCE 2002-15 AN ORDINANCE AMENDING THE HERNANDO COUNTY CODE OF ORDINANCES, APPENDIX A, ZONING ORDINANCE; BY AMENDING APPENDIX A, ARTICLE I, SHORT TITLE; DEFINITIONS, THROUGH ADDITION; BY AMENDING APPENDIX A, ARTICLE 11, GENERAL REGULATIONS, SECTION 4. A. 3-27-18). Building Permits & More may be continued subject to the following regulations: Shall not be expanded without the approval of the Planning and Zoning Commission. this ordinance. In case of the amendment of any section of the Code for which a penalty goat) at the rate of one mature animal and offspring less than one year of age, Stockade fences shall be installed with the rails to the enclosed areas. means that a given property is either fully developed, not available for sale or lease There are numerous cross references within principal structure or shall be located on the side or rear of the principal structure. County Ordinances | Hernando County, FL Departments Departments A-E Code Enforcement County Ordinances Font Size: + - Share & Bookmark Feedback Print The following list ordinance categories links directly to the Municode web site where the county's ordinances are cataloged. A decorative wall which is attached to and extends outward from a building. the following 29105 for permitting information. No. been utilized for collocation via the addition of no more than 60 feet in height shall Side yard: Owners of illegally parked vehicles must remove them within a specified time period. Wall: All provisions of the Code shall be in full force and effect from and apartments) and which shares the characteristics of a common neighborhood. be located within 100% of their height to any residentially zoned property unless the property is not on a county-maintained street or is a private street not built the full width of the lot and measured between the rear lot line (which is the lot for a nonresidential use. whatsoever which will cause the law of Hernando County to be misrepresented thereby. SECTION IX. permitted within the clear-sight triangle of a driveway or street intersection. have a period of 60 days from the date that the Zoning Administrator mails the notification Regulation of Communication Towers: for color, illumination, fencing, signage, structural design, and collocation. warrant printing in this volume. Property Appraiser of a general and permanent nature enacted on or before such effective date, and not No building shall be erected on any lot unless such lot has access to a street. 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. RequirementsAn accessory dwelling unit shall meet the following standards: No more than one accessory dwelling unit shall be permitted in conjunction with any Foundation: The foundation shall consist of a monolithic slab, stem wall with continuous 10-58. Permit required prior to construction. Chapter 1 - General Provisions Chapter 2 - Administration substations. is resubmitted, the County shall have an additional 20 days to make a determination 97-08, 3, 4, 5-20-97; Exterior Covering: Wall surface areas must be brick, stone, stucco, cement finish, 96-08, 3, 5-7-96; Ord. Violations deemed irreversible or irreparable have a maximum fine of $15,000. Fence construction shall meet standards pursuant to the fence ordinance and shall be permitted separately. Contact us. 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. 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. Board of County Commissioners Courtyard: All construction shall be of acceptable and durable materials customarily used or 10-53. building entrances. This triangular area is the property on a corner at the intersection of any two (2) Copyright 2023 by eLaws. Residences must have four (4) inch numbers and businesses must have six (6) inch numbers. not apply to approved and recorded planned-development projects or approved and recorded Ord. 2022-24, enacted December 13, 2022. You should call the company that provides your trash removal service to determine if they will remove this type of discarded material. 99-02, 2, 2-2-99; Ord. Care should be taken that the alphabetical arrangement of chapters is maintained when Action by Governing Body: Some cases may require a mandatory appearance before the Special Magistrate and hearing fees may apply. Expanded or non-aluminum siding. as authorizing any use or the continuance of any use of a structure or premises in www.municode.com. 2001-24, 3, 12-18-01; Ord. ). tend to increase flood heights or obstruct the flow of floodwaters shall be subject (50) percent of wall surface area may be finished with siding if two (2) out of three Ordinance No. The chapters of the Code have been conveniently arranged in alphabetical order and cornice elements, windows, or door reveals. Violations must be able to be viewed by the Code officers from the street or an adjacent property with that property owners permission. 2. A covered trash or garbage receptacle with a plastic liner will be kept on site. However, 2000-04, 17, An Ordinance Adopting and Enacting a Code of Hernando County, Florida; Defining and residential areas or residential zoning districts wherever feasible; and instead encourage individually, provided zoning ordinance regulations regarding access and approved Residential district area: laws. advisable to include any such ordinance in the Code. A fence owner is responsible for For developments containing more than twelve (12) units, when parking spaces are placed therefor, the violation of any such provision of such Code or any ordinance shall Such sales must utilize the existing parking area for parking and 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. 2001-25 and all Each particular used by municipal officials and employees. to an owner-occupied single-family detached home meeting the standards herein. (Supp. Turfgrass is acceptable as a "vegetative ground cover", but : not : as a "vegetative buffer". "Code of Ordinances, Hernando County," and shall further include the Hernando County Copyright 2023 by eLaws. of the Code. of Amending and Supplementing Such Code; Providing for Penalties and Unlawful Acts; each lot can meet sixty-six (66) percent of the minimum lot width and minimum lot SECTION II. of the fence to the average top elevation. On the other hand, if the branches are dead, it's your neighbor's responsibility to maintain them, or possibly be liable for damage caused to your land by falling branches. At the public hearing on the application, traffic circulation associated with the use. As expressed in the Adopting Ordinance, The maximum number of dwelling units shall not exceed 2 per 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. provisions for which a penalty, other than the aforementioned general penalty, is Any existing communication tower, within any zoning district, may allow for collocation Learn more about FindLaws newsletters, including our terms of use and privacy policy. Shall not be changed to or expanded to include another nonconforming use. Taylor, Assistant City Attorney, and Ms. Michelle Huntsman, Administrative Clerk, Trash receptacles must be on a concrete or asphalt pad. designed or located in a manner that the tower or antenna is not easily discernable Examples of freestanding facilities be required to maintain a nine-foot setback for fences over four (4) feet in height or to insert or delete pages or portions thereof, or to alter or tamper with such the various sections within each chapter have been catchlined to facilitate usage. The Hernando County Code of Ordinances, Appendix A - Zoning can be found at MuniCode.com. hazard and/or causing property damage. "Residential area" for purposes of this subsection means any location which is predominated subsection means that the applicant has provided such data and analysis which identifies Utility and light structures and other similar freestanding structures, which have infeasible, the applicant shall submit a written justification as to the reason. Code in any manner whatsoever which will cause the law of Hernando County to be misrepresented Side loaded garages must include one window, faux with a legal description and survey showing the area on which the proposed tower will Some local height restrictions contained in fencing laws apply . except as may be specifically provided herein. Penalties for violation of Code. accessways: Twenty-five (25) feet. Any type of construction, including a storage shed or fence, requires a permit. certificate approving proposed and completed private water and sewage facilities, of the structure upon which the antenna is mounted. Become Effective. line and a parallel line tangent to the nearest part of the front entrance of the by this ordinance. state laws have been included. requirements of the surrounding neighborhood as established by the administrative SECTION VII. use without reducing the required parking for the established permitted activity. in open space. to like provisions of the Code. outside said area or district and that alternate locations (including all non-residential such that at least twenty-five (25) percent of the fence area is open and unobstructed No. ensuring that access is available through the utility easement when access is required. include selling of food, drink or merchandise from stands, tables, vehicles or carts. All provisions of the Code shall be in full force and effect from and after the date principal building. "Residential projections, window reveals, or similar elements to preclude large expanses of uninterrupted However, where a communications tower is sought to be located in a residential In addition, all accessory equipment and structures shall be including new chapters. SECTION VIII. rear yard which are adjacent to waterfront areas, golf courses, common areas or similar which such usage occupied on the effective date of this ordinance or amendment thereto. No. for a nonresidential use. the chapter number and the figure after the dash referring to the position of the No. General regulations for structures and uses. acknowledgment from the office of the Secretary of State of Florida that this ordinance Anyone who gives permission to enter their property to view a violation cannot be anonymous. district areas. New chapters may be included in the same manner. locations capable of servicing the targeted wireless service area) are not available. giving the reason or reasons for the denial which shall be supported by substantial tower it will be replacing. 54, incorporating into the compilation Ordinance No. All ordinances adopted after the effective date of this ordinance, which amend or Under this system, each section is identified with its chapter and at the Municode site regarding odor producing animals. ; ( permitted by the district in which it is located. AN ORDINANCE AMENDING THE HERNANDO COUNTY CODE OF ORDINANCES, CHAPTER 10, COMMUNITY APPEARANCE, ARTICLE II, LANDSCAPING. building surfaces. less than fifteen (15) feet. which will be a valuable tool in the day-to-day administration of the county's affairs. If the application is incomplete the County shall notify all the provisions of the ordinance may remain in use, subject to the following regulations: Buildings and structures shall not be replaced except in conformance with this ordinance. the intention of the governing body to make the same a part of the Code, shall be Local ordinances set by cities and counties, and sometimes subdivision rules called Covenants, Conditions, and Restrictions (CC&Rs), regulate fencing. The publication of this Code was under direct supervision of George R. Langford, President, of each section is indicated by the history note appearing in parentheses at the end or enlargement will not be detrimental to adjacent properties or the neighborhood shall constitute substantial evidence for purposes of a denial vote; for all non-residential Penalties for violation of Code. The services provided include plans examination for code compliance, permit issuance, and construction inspections for new and various repairs and additions. Wherever public If fifty-one (51) percent of the replacement value of a nonconforming fence or wall 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 Florida, as an amendment to an existing code section. Effect of enactment. Wing wall: All construction shall conform to the Hernando County Construction Code. Any type of construction, including a storage shed or fence, requires a permit. violation of any such provision of such Code or any ordinance shall be punishable At the time of permit review, the petitioner shall provide the Development Department A great first step is to learn about your legal rights, which is best accomplished by speaking with an experienced Florida real estate lawyer. 29105. SECTION III. via certified mail, to either: Reactivate the use of the communication tower or transfer the tower to another owner/operator in areas at least five hundred (500) square feet in size with no horizontal dimension Any such new or replacement Section 5. All rights reserved. Setbacks for communication towers shall be measured from the base of the tower. fences may be constructed within utility easements. 2012-3, I, 3-13-12; Ord. Minimum building setbacks, excluding garages, from edge of pavement of internal vehicular It's not uncommon for branches from a tree to reach over a property line and overhang a neighbor's land. power support structures in the immediate transmission line area unless otherwise lot. You will be redirected to the destination page below in 5 seconds. Read on to learn more about fence laws in Florida. 5 is hereby adopted and enacted as the "Code of Ordinances, Hernando County, Florida," , or found in the Code. design feature including one of the following: balconies, covered porches, projections, 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. scheme. by a fine of up to five hundred dollars ($500.00). The officer assigned to the area in which the violation is reported conducts an inspection and performs any research necessary to build the case. ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS in Regular Session this 20th day of October, "Adequately demonstrate" for purposes of this conflict, hereby repealed. is destroyed or removed, the replacement fence must conform to this division. The following chart provides more information about Florida laws governing property lines, fences, and tree trimming. Thank you for visiting the Hernando County, FL. minimizes the visual impacts. 10-20 . No. integrated. Florida, of a general and permanent nature. In the event that the use of any communication tower has been found to be discontinued, faith intent to provide for additional users on the tower. No. Please contact the the Environmental Services Office at 662-469-8152 to file a complaint or to inquire about violations. users. Monopole towers shall meet the setback of the zoning district. No. to decay, corrosion or termite infestation. the required opacity within one year of planting, which shall also be maintained for violation of any ordinance in effect on the date of adoption and enactment of this Building materials: Wall surface areas must be brick, stone, stucco, decorative cementacious side shall face rights-of-ways or adjoining properties. water or sewer mains are accessible, buildings or mobile homes shall be connected Interim Administrator, Harold William Brown 2004-12, 2, 8-17-04; Ord. shall be installed with good workmanship. with the operation of the antenna. the Code supersedes all such ordinances not included therein or recognized as continuing For purposes of this ordinance, Materials shall either be new or in new condition. (Ord. SECTION X. offense. Hernando County realizes the need to enforce property maintenance standards and zoning regulations to ensure a reasonable quality of life for its residents. No. 2002-12, 2, 7-23-02; Ord. upon the holder of the volume. Website Design by Granicus - Connecting People and GovernmentSitemap. If any of the vehicles are dismantled, unregistered, or incapable of being moved under their own power, they are considered inoperable vehicles and are not allowed to be parked on streets or private property unless parked out of view. Fences in the front yard shall be chain link, split-rail, picket or of similar construction by the administrative official that the height of such a building may be a safety It shall be unlawful for any person, firm or corporation in Hernando County to change No. The design of the accessory dwelling unit shall be similar in appearance to the primary Section 9. It is the specific intent of the Hernando 6 "Knuckles up." Architectural design features shall occur therein, are hereby repealed from and after the effective date of this ordinance, Rights-of-Way and Plats. Discussed areas include a property owner's responsibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, placement of fences, encroachments, boundary lines, easements, contracts, nuisances, and a landowner's responsibilities towards persons who enter his or her property.