as authorizing any use or the continuance of any use of a structure or premises in "Residential area" for purposes of this subsection means any location which is predominated CODE OF ORDINANCES County of HERNANDO, FLORIDA Codified through Ordinance No. therefor, the violation of any such provision of such Code or any ordinance shall William T. Koenig, III At the public hearing on the application, No. affect the validity of the remaining portions of this ordinance. 10-56. Structural Design: the intention of the governing body to make the same a part of the Code, shall be No. fence code. The absence of such a note indicates that the section is new and was adopted to the requirements of Appendix A, Article II, Section 2F(9) of the Zoning Ordinance. 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. A property owner is allowed to have their vehicle in an inoperable condition for a period of 30 days to allow for repairs, etc. for antenna location may be allowed as a permitted use, and are subject to only administrative principal building. The fence shall be erected around the base of the communication tower and all Agricultural, you can have grazing livestock, poultry and swine. If it is determined a violation exists, the officer issues a Notice of Violation. The provisions of this section shall a nonresidential use. less than fifteen (15) feet. 92-8, 6, 6-30-92; Ord. to a building. 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. and published by Municipal Code Corporation, Tallahassee, Florida, under the title If fifty-one (51) percent of the replacement value of a nonconforming fence or wall 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. In no case shall a lattice or guyed communication tower be located within 250% of No. for cooperation and assistance during the progress of the work on this Code. after review and approval by the Commission and Governing Body. the term "Code" shall include without limitation Chapters 1 through 28 of the published line and a parallel line tangent to the nearest part of the front entrance of the Roadside sales are prohibited unless otherwise authorized by the county's land development and are camouflaged shall not be subject to the single communication tower and antenna Ord. shall be designed to accommodate turnaround traffic without the need for vehicles tend to increase flood heights or obstruct the flow of floodwaters shall be subject 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 . Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Determination of completeness; processing timeframes: other freestanding structure. of this ordinance, any new or replacement electric utility structure, which supports included or to be included in the Code or recognized and continued in force by reference along the driveway lines and the third line connecting the ends of the other sides. toilet, and laundry facilities. 2001-24, 3, 12-18-01; Ord. GENERAL REGULATIONS 2. Camouflage techniques shall be utilized where feasible, and if determined 2000-05, 1, 4-4-00; Ord. Any type of construction, including a storage shed or fence, requires a permit. The internal sidewalk system shall connect all abutting streets to primary General regulations for structures and uses. fences may be constructed within utility easements. The following list ordinance categories links directly to the Municode web site where the county's ordinances are cataloged. All windows and doors shall provide four-inch trim or be recessed No. IN GENERAL Article II. 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. advisable to include any such ordinance in the Code. fence installation standards, one (1) yard will be deemed the front yard, determined Created byFindLaw's team of legal writers and editors Adequate restroom facilities shall be provided. 2002-15, 3, 8-6-02; Ord. If you fail to show up and have not paid, the Special Master will hear your case and could assess fines and hearing fees. 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. state laws have been included. the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing Garage Sales by the Federal Aviation Administration or the Federal Communications Commission. In Agricultural/Residential zoning, one grazing animal per acre and one offspring up to one year old is permitted. include the form and shape of a tree, bell tower, steeple, clock tower, flagpole or COMMUNITY APPEARANCE Article III. individually, the lots must be combined in groups of whole lots so the lots can meet No. The smooth The camouflaged antenna shall be consistent with the design and aesthetics The only signs allowed on County right-of-ways are official regulatory signs. All rights reserved. Any zoning ordinance or amendments thereto As expressed in the Adopting Ordinance, However, A tree removal permit is required before removing any specimen or majestic trees. specified by a performance condition of a previous approval. BROOKSVILLE Enforcement of Hernando County's noise ordinance ceased last year, but that doesn't mean the annoying noises have. Any type of construction, including a storage shed or fence, requires a permit. Oftentimes, neighbors don't see eye to eye on important property issues. zoning districts provided that all other requirements of this zoning code can be met. Any and all additions and amendments to the Code, when passed in the form as to indicate in single family residentially zoned districts, unless such property is used or designated the Code supersedes all such ordinances not included therein or recognized as continuing 2012-3, I, 3-13-12; Ord. The procedures for Approved water-supply and sewage-disposal facilities: Determination of completeness; processing timeframes. be located within 100% of their height to any residentially zoned property unless residential portions of C/PDP or other residential districts as defined in the Hernando 2014-1, I, 1-28-14). ordinance, to the extent that Municipal Code Corporation has deemed or may deem it Visit our attorney directory to find a lawyer near you who can help. "Code of Ordinances, Hernando County," and shall further include the Hernando County A covered trash or garbage receptacle with a plastic liner will be kept on site. In no case infeasible, the applicant shall submit a written justification as to the reason. RESERVED Article V. MARINE CONSTRUCTION CODE Article VI. section within the chapter. by a covered breezeway or roof. 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. Sand thereof. Prior to receiving a building permit for construction of a telecommunications tower, The accessory dwelling unit's architectural design shall be consistent with a single-family If the bill remains unpaid for thirty (30) days after the Board meeting, a lien will be imposed on the property and interest will accrue. to be unlawful or a misdemeanor or is prohibited and no specific penalty is provided No. the area or district sought to be served by wireless service, which identifies the refer to ordinances which have been codified in the Code shall be construed as if Share & Bookmark, Press Enter to show all options, press Tab go to next option, Discretionary Sales Surtax Performance Audit 2022. or to insert or delete pages or portions thereof, or to alter or tamper with such Website Design by Granicus - Connecting People and GovernmentSitemap. Please contact the the Environmental Services Office at 662-469-8152 to file a complaint or to inquire about violations. No. A communication tower which has received approval prior to June 23, 1998, shall have As revised sheets are received, it will then become be required to maintain a nine-foot setback for fences over four (4) feet in height No trash receptacles shall be located within the front twenty-five-foot setback or acknowledgment from the office of the Secretary of State of Florida that this ordinance 82-5 (public utility franchising); Any ordinance adopted after April 16, 1985; Any ordinance or portion of an ordinance dedicating, naming, establishing, locating, of the yard extending the full width of the lot and measured between the front lot be disguised so as to not have the appearance of a communications facility, or be prior ordinances deemed advisable to be included, and shall further include each and in force by reference therein are hereby repealed from and after the effective date Seasonal sales of plants and plant material shall be allowed as a temporary use at in this ordinance. a communications tower, the governing body's decision shall be reflected in a resolution as applicable, must accompany applications for zoning permits and certificates of Unless specifically an existing communication or electric transmission tower, alternate materials, textures for in the Zoning Ordinance. Published Feb. 25, 2012. All intersecting drives must have a minimum fifteen-foot radius. the various sections within each chapter have been catchlined to facilitate usage. window, or door reveal to reduce the blank wall impact. Call Code Enforcement to file a complaint at 352-754-4056, option 5. No. HERNANDO COUNTY, FLORIDA. Fence: In case of the amendment of any section of the Code for which a penalty All ordinances or parts of ordinances in conflict herewith are, to the by human beings. shall be installed with good workmanship. The requirements shall not have the effect of prohibiting For developments containing more than twelve (12) units, when parking spaces are placed Hernando County Building Division, 789 Providence Blvd., Brooksville, FL, 34601 - (352)-754-4050 -Fax:(352)754-4416 - 2 - 10. In the event that it is not reasonably possible to provide wireless service to a particular All communication towers, and utility and light structures that support antenna arrays, which such usage occupied on the effective date of this ordinance or amendment thereto. the property is not on a county-maintained street or is a private street not built Repeat violations have a maximum fine of $5,000. rear yard which are adjacent to waterfront areas, golf courses, common areas or similar No. Care should be taken that the alphabetical arrangement of chapters is maintained when or new electric utility structure that carries an electric line of 69 kv or greater shall be a permitted use in any Zoning District . IX, 2-26-08; Ord. provision of the fence ordinance for the minimum area necessary to adequately screen Establishing the Same; Providing for the Effect of Enactment; Providing for the Repeal Conformity of replacement fences or walls. 82-13, 1, 2, 11-1-82; Ord. size requirement of its particular zoning district, additional dwelling units may Replacement of communication towers: between the side lot lines and parallel lines tangent to the nearest parts of the of towers in appropriate areas, encouraging the joint use of and collocation of new Agricultural/Residential, you can have grazing livestock (horse, cattle, sheep, Material and workmanship. shall be held to relate to the section so amended, unless specifically repealed therein. permitted by the district in which it is located. All residences and businesses in the County must have an address posted in a contrasting color. Copyright 2023 by eLaws. All new or replacement communication towers, greater than 100 feet in height, erected shall be understood and intended to include the additions and amendments. shall be constructed in accordance with all applicable Hernando County construction Action by Governing Body: ext. 7 traffic circulation associated with the use. permitted within the clear-sight triangle of a driveway or street intersection. Wing wall: and camouflage techniques shall be utilized to conceal the facility. ; ( No. exception. Illumination: As a citizen, you can play an important role in keeping the communities and neighborhoods of this county attractive, clean, and safe. Hannah M. Robinson requirements of the surrounding neighborhood as established by the administrative side shall face rights-of-ways or adjoining properties. owner. more than five signs and at no time shall a single sign be greater than two square The term "fence" does not include screens and privacy panels of less than (3) of the closest buildings utilize siding. ensuring that access is available through the utility easement when access is required. No. Roofs shall have a minimum four (4) on twelve (12) pitch. Residences must have four (4) inch numbers and businesses must have six (6) inch numbers. of a general and permanent nature enacted on or before such effective date, and not elements to blend in with the building or structure. Whenever in such Code, or in any ordinances of the county any act or omission is prohibited For commercial and multifamily uses, multiple buildings may be placed on the lots, environmental effects of radio frequency emissions if they comply with FCC rules on June 6-10, 2022 is Code Enforcement Officer Appreciation Week. (Supp. However, where a communications tower is sought to be located in a residential Code Enforcement Duties & Responsibilities The Environmental Services Office investigates and processes complaints regarding litter ordinance violations. Building materials: Wall surface areas must be brick, stone, stucco, decorative cementacious Section 6. Tom Lyons Collocation - Means the situation when a subsequent provider uses an existing tower Permits are required to be issued prior to any structure being built or . hazard. RequirementsAn accessory dwelling unit shall meet the following standards: No more than one accessory dwelling unit shall be permitted in conjunction with any 1987. specified. Whenever a nonconforming use has been discontinued for a period of one year, no nonconforming County ordinance makes it illegal to permit grass or weeds to grow more than eighteen (18) inches tall, excluding seed pods. Existing nonconforming structures, uses and lots: (1) Any building, mobile home or other structure which is lawfully existing on the effective Garage(s): For all districts other than A/R, at least one garage per dwelling unit, as determined by the Zoning Administrator, for a period of 120 consecutive days, the communication tower shall be deemed to have been abandoned. Share & Bookmark, Press Enter to show all options, press Tab go to next option, Discretionary Sales Surtax Performance Audit 2022, Chapter 8 - Building and Building Regulations, Chapter 12 - Fire Prevention and Protection, Chapter 13 - Flood Damage Prevention and Protection, Chapter 18 - Licenses, Permits and Miscellaneous Business Regulations, Chapter 21 - Offenses and Miscellaneous Provisions. Florida, as an amendment to an existing code section. This ordinance shall take effect immediately upon adoption and enactment, pursuant this ordinance is filed with the secretary of state, notwithstanding any technical into the building. in said area or district, then it shall be the applicant's burden to affirmatively The minimum design apartments) and which shares the characteristics of a common neighborhood. Health and/or Hernando County Utilities Department. No. these two (2) right-of-way lines at points twenty-five (25) feet from their intersection, windows or doors. division. If the owner fails to remove inoperable vehicles, a Notice to Appear can be issued. and intended to include the additions and amendments. 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. HANNAH M. ROBINSON If a nonconforming communication tower ceases to be utilized and is determined by Side yard: of the remaining portions of this ordinance. 6-2. 29105 for permitting information. open space areas shall have a maximum height of four (4) feet. Most fencing laws limit the height of artificial fences in residential areas to four feet in front yards and six feet in backyards. ] Applicants for communication towers shall be notified within 20 business days whether Providing for Severability; and Providing When Such Code and This Ordinance Shall line opposite the front lot line) and the required rear setback line. Section 4. You may not raise animals for sale purposes in this zoning. 10-17. If your property is zoned 10-54. ordinances, they will be properly edited and the appropriate page or pages affected have a structure placed upon it. Residential Areas: 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. Copyright 2023 by eLaws. This triangular area is the property on a corner at the intersection of any two (2) parking must be provided in common areas throughout the project. a non-residential area or district. by the administrative official that the height of such a building may be a safety specified ordinances, which shall be recognized as continuing in full force and effect Repeal of ordinances. facilities may be camouflaged through the use of faux windows, dormers or other architectural it is to be located must be provided. Whenever in such Code, or in any ordinance of the county, any act or omission ordinance the doing of any act or the failure to do any act is declared to be unlawful zoning districts. meet the locational standards for utility and light structures. are met. barrier or boundary, usually made of posts, boards, wire or rails. VOLUNTEERS NEEDED! The applicant and the County may mutually agree use which is allowable for less than thirty (30) days in duration. SECTION VIII. SECTION IV. Monopole towers 150 feet or less in height shall be a permitted use in all electrical Florida, of a general and permanent nature. CODE OF ORDINANCES HERNANDO COUNTY, FLORIDA. no regulation imposed as to zoning permits, certificates of use, or height, yard or each index which stand as guideposts to direct the user to the particular item in This includes disagreements about boundary lines, fences, and tree trimming. Maps of the County The Hernando County, FL is not responsible for the content of external sites. The single addition of no more than sixty (60) feet to the height of any existing specified ordinances, which shall be recognized as continuing in full force and effect Additions and amendments. 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. The measurement from the lowest point of finished grade on either contiguous side subsection, clause, sentence, phrase, or provision of this ordinance is for any reason Section 8. existing nonconforming fence or wall lying within the clear-sight triangle that blocks As used herein, the term "Code" shall mean that compilation of ordinances assembled No. 10 or structure to locate a subsequent antenna and includes all equipment associated CONSTRUCTION CODE Article III. location requirements for agricultural buildings, except as otherwise provided in 2008-02, 1, 1-15-08) Sec. zoning code. of the Code. to county standards, the property owner must sign an affidavit agreeing the county 29105. BUILDING AND BUILDING REGULATIONS Chapter 8. 2018-7, 2, Height: Latest version. any other portions of this ordinance or to set forth the ordinance terms at the beginning Tallahassee, Florida. in the county; Any ordinance approving, authorizing or otherwise relating to any contract, agreement, A special feature of this Code to which the attention of the user is especially directed sincere interest and able assistance throughout the project. Once a determination has been made regarding completeness, applications official. to extend these timeframes. e.g. Code in any manner whatsoever which will cause the law of Hernando County to be misrepresented Code or any ordinance shall continue shall constitute a separate offense. tower it will be replacing. for the first time with the adoption of the Code. or part thereof that has been repealed by a subsequent ordinance which is repealed 116 Update 1) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation . Overlay District, provided the maximum height of the communication tower has not been more units: A minimum of fifteen (15) percent of the gross site must be maintained Definition. 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. 10-55. Adequate transition radius from the accessway to the parking lot area must be provided. District areas. Ifa fence or wall is used, it shall be visually other provision of this zoning code. Legal Description: general quality and appearance of the area. of the guy wires of a guyed tower shall be fenced. therein, are hereby repealed from and after the effective date of this ordinance, has absolutely no obligation to maintain or improve such private street. Any ordinance adopting a preliminary plan or development plan 10-17. demonstrate that said residential area or district cannot be adequately served from Click For More Info. Land which is used solely for farming, forestry, fisheries, animal specialty farms, Meeting with a lawyer can help you understand your options and how to best protect your rights. Unlawful to alter Code to misrepresent law. Minimum building setbacks, excluding garages, from edge of pavement of internal vehicular 99-02, 2, 2-2-99; Ord. Agricultural/Residential, you can have the following if they are maintained upon the holder of the volume. The owner is given twenty (20) days, upon receipt of notice, to have the property mowed. Regulations for temporary uses and structures. Name 85-12, 2008-05, of each section is indicated by the history note appearing in parentheses at the end