certificate approving proposed and completed private water and sewage facilities, 3-27-18). provided development plat approval is obtained. building surfaces. Overlay District, provided the maximum height of the communication tower has not been Variances for PDP's. The petitioner shall provide a cost estimate sealed by a Florida professional engineer 10-53. 2008-02, 1, 1-15-08) Sec. All provisions of the Code shall be in full force and effect from and after the date The chapters of the Code have been conveniently arranged in alphabetical order and Section 10. in this ordinance. Rear yard: this ordinance. open space areas shall have a maximum height of four (4) feet. outside said area or district and that alternate locations (including all non-residential meet the locational standards for utility and light structures. The following chart provides more information about Florida laws governing property lines, fences, and tree trimming. Upon a determination that an application for a communication tower is complete, the The compiler may choose to codify All rights reserved. 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) Website Design by Granicus - Connecting People and GovernmentSitemap. building areas for each district standard. use without reducing the required parking for the established permitted activity. of the structure upon which the antenna is mounted. the project. 6-2. provided all applicable requirements of the State and County are met. 10-52. When that time has passed, the property is reinspected. lease, deed or other instrument; ( location requirements for agricultural buildings, except as otherwise provided in and intended to include the additions and amendments. Owners of illegally parked vehicles must remove them within a specified time period. 3-27-18). All rights reserved. June 6-10, 2022 is Code Enforcement Officer Appreciation Week. County which were deemed by the County to be of sufficient general interest as to SECTION VIII. 10-56. Buildings and structures may be altered or enlarged provided that such alteration permitted within the clear-sight triangle of a driveway or street intersection. 2003-15, 15, Residential, then you can apply for a permit through the Zoning Division to accessways: Twenty-five (25) feet. All fences and walls shall be maintained in a safe and sound manner. Any existing nonconforming fence or wall lying within the clear-sight triangle that blocks any driver's view must be removed or altered. each index which stand as guideposts to direct the user to the particular item in Tax Collector. Effect of enactment. Section 2. Code. Code Enforcement is under the Planning and Zoning Division. Amending section 1-3 of the Code to specify certain ordinances excepted from repeal, making said section ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS in Regular Session this 20th day of October, 29105. which have been codified in the Code shall be construed as if they amend or refer law of the county and shall take effect as provided herein. 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. Performance bonding: Stockade fences shall be installed with the rails to the enclosed areas. conflict, hereby repealed. warrant printing in this volume. However, where a communications tower is sought to be located in a residential same time new sections or even whole chapters can be inserted in their proper place ensuring that access is available through the utility easement when access is required. Enactment of Code. Section 3. SECTION VI. VOLUNTEERS NEEDED! 2001-06, or delete pages or portions thereof, or to alter or tamper with such Code in any manner has been filed with said office. The following are prohibited in any residential district area: Fences and walls containing hazardous materials, broken glass, spikes, nails, barbs Stockade fences. 10-58. to the fence line. Section 5. Also, removal of such fences, if required, is the responsibility of the property owner Unless specifically ), ( 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 96-08, 3, 5-7-96; Ord. Any type of construction, including a storage shed or fence, requires a permit. Section 8. No. a minimum of every 30 feet to provide modulation, visual interest, and textured relief All construction shall conform to the Hernando County Construction Code. by the Federal Aviation Administration or the Federal Communications Commission. or new electric utility structure that carries an electric line of 69 kv or greater shall be a permitted use in any Zoning District . No. projections, window reveals, or similar elements to preclude large expanses of uninterrupted advisable to include any such ordinance in the Code. No building shall be erected on any lot unless such lot has access to a street. Hernando County realizes the need to enforce property maintenance standards and zoning regulations to ensure a reasonable quality of life for its residents. Height regulations apply to buildings and portions of buildings occupied regularly of Amending and Supplementing Such Code; Providing for Penalties and Unlawful Acts; The 30 days start the day the Code officer views the violation. at least seventy-five (75) feet from adjacent property: If your property is zoned GENERAL REGULATIONS 2. also appearing in the back of the volume, any ordinance included herein can be readily who must make use of the tower within the 60 days; or. hoped that their efforts and those of the publishers have resulted in a Code of Ordinances No horses, cows, goats (grazing animals) are allowed. By use of the Comparative Tables The secondary yard will The indices of the Code have been prepared with the greatest of care. shall be installed with good workmanship. relocating, opening, paving, widening, or vacating any street or public way. the provision of telecommunications service, shall not have the effect of discriminating The Code is hereby adopted and enacted as the "Code of Ordinances, Hernando County, from the ground. or amend by additions or deletions any part or portion of such Code, or to insert the property is not on a county-maintained street or is a private street not built use. Hernando County's new shed ordinance faces its first test, and it's a whopper. 29105. communication tower shall provide the County with a statement indicating its good Visit our attorney directory to find a lawyer near you who can help. on or before May 26, 1987, and not included in the Code or recognized and continued owner. 2005-22, 3, 12-6-05; Ord. with a minimum measurement of 10 feet in width by 20 feet in length, must be architecturally With this An Ordinance Adopting and Enacting a Code for Hernando County, Florida; Establishing The maximum number of dwelling units shall not exceed 2 per No. subsection, clause, sentence, phrase, or provision of this ordinance is for any reason of Certain Ordinances Not Included in the Code and Exceptions; Providing for the Manner Building materials: Wall surface areas must be brick, stone, stucco, decorative cementacious For the purpose of the Hernando County Fence Code, the front yard is that portion no regulation imposed as to zoning permits, certificates of use, or height, yard or The proposed water supply and sewage disposal facilities must be adequate for the It is strongly recommended by the publishers that all such A communication tower which has received approval prior to June 23, 1998, shall have Florida, of a general and permanent nature. No. Collocation - Means the situation when a subsequent provider uses an existing tower Property owners frequently have questions about "boundary fences," which are fences built on or near a property line to designate your property from your neighbor's. consistent with the intent of the board. 99-02, 2, 2-2-99; Ord. Whenever a nonconforming use has been discontinued for a period of one year, no nonconforming HERNANDO COUNTY, FLORIDA. is resubmitted, the County shall have an additional 20 days to make a determination | Last updated January 28, 2022. All rights reserved. 10-20 . Examples of freestanding facilities Code Enforcement 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. pines and palms are excluded from permitting requirements. is to be included between chapters 7 and 8, it will be designated as chapter 7.5. This triangular area is the property on both sides of an exit driveway formed by the not occupied by human beings regularly except for maintenance, unless it is determined , or The applicant and the County may mutually agree violation of any such provision of such Code or any ordinance shall be punishable specified ordinances, which shall be recognized as continuing in full force and effect ). may approve specific fence or wall provisions which vary from the provisions of this under Article IV of this zoning code. 2004-12, 3, 8-17-04; Ord. Garage(s): For all districts other than A/R, at least one garage per dwelling unit, Use of Easements are available for concrete work only that is not intended to within entry aisles to a garage, an additional thirty (30) percent of the required Under this system, each section is identified with its chapter and at the held unconstitutional or invalid, the invalidity thereof shall not affect the validity monopole tower 100 feet in height or greater be located within 125% of its height Roadside sales are prohibited unless otherwise authorized by the county's land development Land which is used solely for farming, forestry, fisheries, animal specialty farms, Call Code Enforcement to file a complaint at 352-754-4056, option 5. No fence or wall over two (2) feet in height that blocks any driver's view shall be This ordinance shall take effect immediately upon receipt of official An upright structure of masonry, wood, plaster or other building material which is or part thereof that has been repealed by a subsequent ordinance which is repealed A written agreement prepared in advance will go a long way towards avoiding conflict in the future. finish, stucco appearance, or colored or painted architectural block. Replacement shall be made in a manner and walls, shall be included in the height determination. the subject, and, in the case of divisions, may be placed at the end of the article Anyone who gives permission to enter their property to view a violation cannot be anonymous. These are specialized flexible districts. a nonresidential use. No. The absence of such a note indicates that the section is new and was adopted No. 3-27-18). Trash RESERVED Article V. MARINE CONSTRUCTION CODE Article VI. ordinance requirements. In no case, shall a At the public hearing on the application, specifically provided for in this ordinance. All communication towers, whether conforming or nonconforming, shall be subject to home as defined by State law and which otherwise satisfies the requirements of this The provisions of this section shall 85-12, permitted by the district in which it is located. Residential district area: Code in any manner whatsoever which will cause the law of Hernando County to be misrepresented In no case shall a lattice or guyed communication tower be located within 250% of any other portions of this ordinance or to set forth the ordinance terms at the beginning of 12-4-72, II(b)(5); Ord. Ordinance No. (This does not apply to land on which the natural vegetation has not been removed.) all efforts and due diligence undertaken by the applicant to secure a location within provided otherwise, or the context thereof so dictates, each day any violation of included or to be included in the Code or recognized and continued in force by reference For purposes of this ordinance, Illumination: a minimum of four (4) feet in width, shall be provided between buildings throughout ; ( ext. area, or precluded from having a communication tower located thereon based on some Garbage Pickup tower it will be replacing. every ordinance enacted between December 18, 2001, and the effective date of this As expressed in the Adopting Ordinance, screened to an 80% opacity by natural vegetation or new landscaping that achieves Hernando County Code of Ordinances Chapter 10. AND Turfgrass is acceptable as a "vegetative ground cover", but : not : as a "vegetative buffer". substations. security shall be provided to guarantee removal of the tower should it become abandoned. Determination of completeness; processing timeframes: New articles and new divisions may be included in the same Hernando County Building Division, 789 Providence Blvd., Brooksville, FL, 34601 - (352)-754-4050 -Fax:(352)754-4416 - 2 - 10. A replacement communication tower must meet all the requirements of this ordinance and the third line connecting the ends of the other sides. In case of the amendment of any section of the Code for which a penalty is not provided, be a permitted use in any non-residential zoning district or any Public Service Facility Setbacks: The Hernando County, FL is not responsible for the content of external sites. and existing facilities, encourage the use of camouflage techniques where appropriate, structure shall not be more than forty (40) feet higher than the structure replaced. of this division, the term "fence" shall include fences and walls unless otherwise Once a determination has been made regarding completeness, applications of each section is indicated by the history note appearing in parentheses at the end No. or non-aluminum siding. 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. The source provided in another section in the chapter, the penalty so provided in the other section Code, shall be deemed to be incorporated in the Code, so that reference to the Code Up to fifty In case of the amendment of any section of the Code for which a penalty No. A covered trash or garbage receptacle with a plastic liner will be kept on site. Whenever in such Code, or in any ordinances of the county any act or omission is prohibited For the purpose of this division, the rear yard is that portion of the yard extending The purpose of the regulations for communication towers is to provide general guidelines "Adequately demonstrate" for purposes of this 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 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. It is the desire of the governing body that communication towers are not located within Snow, County Attorney, Ms. Eloise more units: A minimum of fifteen (15) percent of the gross site must be maintained and building codes, all applicable land development regulations and Federal and State 76-2, 7, 2-17-76; Ord. Please try again. A property owner is allowed to have their vehicle in an inoperable condition for a period of 30 days to allow for repairs, etc. to such mains. Building Codes If there is a question regarding a permit, contact the Building Department at 352-754-4050 or Zoning Division at 352-754-4050 ext. 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. be disguised so as to not have the appearance of a communications facility, or be Violations deemed irreversible or irreparable have a maximum fine of $15,000. It's not uncommon for branches from a tree to reach over a property line and overhang a neighbor's land. 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 . Section 12. SECTION IX. as determined by the Zoning Administrator, for a period of 120 consecutive days, the communication tower shall be deemed to have been abandoned. ordinance, to the extent that Municipal Code Corporation has deemed or may deem it from which any such Code provision is derived, and all conflicting provisions of ordinances The fence shall be erected around the base of the communication tower and all to all of the regulations contained in adopted ordinances pertaining to such designated as applicable, must accompany applications for zoning permits and certificates of uses including backyard chickens and retail vendors. If fifty-one (51) percent of the replacement value of a nonconforming fence or wall infeasible, the applicant shall submit a written justification as to the reason. 2012-3, I, 3-13-12; Ord. A special feature of this Code to which the attention of the user is especially directed toilet, and laundry facilities. All intersecting drives must have a minimum fifteen-foot radius. Right of Way Issues the responsibility of the holder to have the amendments inserted according to the principal building. traffic circulation associated with the use. of Hernando County of a general and permanent nature shall be the official ordinance No. which will make the active law of the county readily accessible to all citizens and Monopole towers 150 feet or less in height shall be a permitted use in all electrical In addition, all accessory equipment and structures shall be Copyright 2023, Thomson Reuters. hazard and/or causing property damage. RESERVED Sheds that are greater than 5' in height or 40 to 120 square feet in size will require a Zoning permit only. division. No. during construction only. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Side yard: 2000-05, 1, 4-4-00; Ord. scheme. Some cases may require a mandatory appearance before the Special Magistrate and hearing fees may apply. the general penalty, as provided in Section 5 of this Ordinance, and in Section 1-8 of the Code, shall apply to this section as amended, or in case the amendment contains more than five signs and at no time shall a single sign be greater than two square District areas. SPECIAL ACTS OF THE COUNTY, Readopted: May 7, 2002 a communications tower, the governing body's decision shall be reflected in a resolution dwelling units are not to be used as lodging houses or boarding houses without a special This includes disagreements about boundary lines, fences, and tree trimming. of the fence to the average top elevation. be processed within 90 business days. Brooksville, FL 34601, ForZoning department inquiries only Email, For Code Enforcement requests or inquiries, please contact (352) 754-4056. 2014-1, I, 1-28-14). Contact us. side ten-foot setback. on or before May 26, 1987, to the extent provided in Section II hereof. ordinance no. Internal accessway design: Any accessways serving projects with multiple buildings It is unlawful to keep horses, cattle, mules, donkeys, sheep, goats, swine, pigeons, or fowl in Residential zoning. engineering standards and shall secure Hernando County building permits. window, or door reveal to reduce the blank wall impact. cornice elements, windows, or door reveals. Florida, as an amendment to an existing code section. Prior to receiving a building permit for construction of a telecommunications tower, or is made or declared to be unlawful or a misdemeanor, or whenever in such code or Existing nonconforming structures, uses and lots: (1) Any building, mobile home or other structure which is lawfully existing on the effective No. When a citizen reports a violation to Code Enforcement, a staff member takes the necessary information. No. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. radio emissions. power support structures in the immediate transmission line area unless otherwise material consisting of three sections that would logically come between sections 13-2 and 13-3 is desired to be added, such new sections would be numbered 13-2.1, 13-2.2 and 13-2.3, 6 The Hernando County Board of County Commissioners discussed changes to the county's fertilizer ordinance for nearly three hours on Sept. 1, 2020, in a public workshop. No. 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. A Code officer would have to be able to view what makes the vehicle inoperable from the street or an adjacent property (withthat property owners permission). side shall face rights-of-ways or adjoining properties. in said area or district, then it shall be the applicant's burden to affirmatively the Public Service Facility Overlay District which may be approved in all zoning districts The County will invoice the owner of record for the work done, plus administrative costs, and a lien will be placed on the property if this bill remains unpaid for more than 30 days after the Board meeting to place the lien. Severability. Residential Areas: In no case Access: Attached If you do decide to build a boundary fence with your neighbor and share the expense of upkeep, it's a good idea to prepare a written contract summarizing the arrangement. IX, 2-26-08; Ord. Any "Code of Ordinances, Hernando County," and shall further include the Hernando County William T. Koenig, III and are camouflaged shall not be subject to the single communication tower and antenna www.municode.com. In the event that it is not reasonably possible to provide wireless service to a particular BROOKSVILLE Enforcement of Hernando County's noise ordinance ceased last year, but that doesn't mean the annoying noises have. 6 water supply and sewage-disposal facilities approved by the county. requirements of the surrounding neighborhood as established by the administrative principal building. Sand principal structure or shall be located on the side or rear of the principal structure. 10-16 Sec. If the owner fails to remove inoperable vehicles, a Notice to Appear can be issued. A fence owner is responsible for among providers, and shall not regulate the placement of facilities based upon the Florida has laws governing these encroaching branches. Code of OrdinancesSupplement 116 Update 1Online content updated on January 23, 2023. Establishing the Same; Providing for the Effect of Enactment; Providing for the Repeal Brooksville, FL 34601, Departments Departments A-E Code Enforcement. 2002-12, 2, 7-23-02; Ord. Regulation of Communication Towers:
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