Administrative Code, AC-11-1. and structures may not encroach into the easement. /Tx BMC The neighbor on the other side had their property surveyed so it moved the property Lins about 3 ft past the fence . may not be granted through this provision. After all enclosure requirements are in place To pass final inspection and receive a certificate of completion, the pool must meet the safety features described in Section 424.2.17 Additional inspections - 1 minute Additional Inspections Set backs per zoning requirements Construction fence required by OSHA Excavations - 2 minutes FBC 1803 h[{o9* ?d '3$3YC8(vVnId(GY,M++Q5i(3RS^Rj+)[GZPWj|j+JSi! My neighbors are redoing a fence in their back yard that also runs right up to my driveway (they have front entry garage, we have side with a long driveway that curves into a garage at the very side of the house). 0.8103 1.3816 Td endstream endobj 359 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream (2) Closer to the Gulf of Mexico than permitted by chapter 6, article III. We had a survey done before any dispute began to locate our lot lines, nothing to do with them, we wanted to know where they were for our .35 acre lot and our home plat. While the word 'setback' generally makes people think about an event that has halted progress towards a goal, the term is. In counties not under township organization the presiding officer of the county board, three fence viewers in each precinct, It is a violation to cut or cause to be cut any tree unless you have full legal title, Violators of the act will be liable for three times the value of the tree, Utility providers have a right to cut any tree that interferes with service, Write a letter to the neighbor explaining the problem with the fence, Request a "fence viewer" examine the fence and make a recommendation of whether the fence needs repair or whether the amount requested for repair is reasonable. Q minimum setback required in section 34-2194. My neighbor put up a white plastic privacy fence 6inches onto my property. Upon determination that the setbacks set forth in subsection (a) of this section are 0.749023 g Then proceeds to plant plum trees,tiger worm tree and garden. I dont care what they do, just get off my property. No building or structure (except docks and seawalls, which are subject to the setback buildings and structures must be set back a minimum of five feet from the property 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. Setback from streets. provided that they comply with the provisions set forth in division 14 of this article. Copyright 2023, Thomson Reuters. In Alabama, both occupants of the adjoining property are jointly responsible for the expenses of the construction and the maintenance of the fence (partition fence) based on the rationale that both occupants are benefitting equally from the fence. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. How many signs am I allowed at my business and what are the regulations? ? ( fence is over 100 ft long). Single tenant businesses are allowed 2 signs, one ground sign (not to exceed 250 square feet) and one wall sign (not to exceed 125 square feet). @ }rU She,the owner, began e-mails with us concerning a wall at the back of her property, which became hostile and offensive. development order or building permit which is still valid on August 1, 1986. My husband and I want to have an aluminum fence installed around our property. The State of Florida changed the name of occupational license to BTR. Alabama law does not make this action a crime, although theft or property damage laws may apply. We also wonder if herbicide was used and is that allowed??? Meeting with a lawyer can help you understand your options and how to best protect your rights. Fence Wars Part 2: If I split the cost of a fence with my neighbor, can I get the good side? Save my name, email, and website in this browser for the next time I comment. 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. We will then have no access to dig post holes, or to erect fencing if they do so. and be no less than 5-feet tall. Nothing contained in this chapter may be construed as permitting placement of any Vinyl Yes. 0 0 8.88 8.5917 re http://fenceau2.nextmp.netgallery?=Fences#aluminum. (Ord. W Other areas will allow you to go right up to the property line. EMC Thats my problem. 0.749023 g 0 0 8.88 9.2214 re Your email address will not be published. 0 0 8.88 8.5917 re And he actually ordered me lunch simply because I discovered it Except as may be provided elsewhere in this chapter, all accessory uses, buildings endstream endobj 340 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Blog. If the corner lot abuts a local street and a street of higher classification, the W endstream endobj 336 0 obj <>/Subtype/Form/Type/XObject>>stream The most common reason is that they are all up front helping customers. Hl The list below shows examples of common items that require Permits. Districts described in article VI, division 9, of this chapter (planned development Pay for a boundary survey to mark where your lot lines are. 93-24, 8, 9-15-93; Ord. endstream endobj 342 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream from the right-of-way when located in any other land use category. A neighbor wants to install a fence bordering my property. Can a neighbor put a fence on the property line and put the ugly side facing me? Public Easement: Your fence can't be installed on a public easement. I have a 6 ft privacy fence on the property I bought 2 years ago . In addition to the State of Illinois, your right to have a fence and its general appearance are impacted by county and city laws, utility and wildlife easements, and any applicable homeowner association rules. If your neighbors install a fence inside their property line as well, leaving a narrow strip of grass between the two fences, you will need to decide who will maintain it and make sure there is a way to access the area. I would pay for the fence to be replaced, but am afraid they would call the cops on me when I started ripping it out. 48, Issue No. He threatened to tear out small trees and bushes that had been planted, and generally has made our lives miserable. The setbacks regulations are set by your zoning district, which can be found on the City's Zoning Map or call Planning and Zoning at 239-321-7975 for your zoning district and setbacks. We generally only support the recent versions of major browsers like Chrome, Firefox, Safari, and Edge. Let him take you to court. Q Complete your general permit application 3. Having a good idea where they were is not good enough. If its your fence they cant say our do anything Id its theres then its ask there responsibly. building or structure, or closer to adjacent property than permitted by the minimum accessory building or structure within a utility or other easement prohibiting such See mostly dirt and brown grass from roundup in their yard. A few years ago my neighbor erected a iron fence directly on the line . At www.municode.com select on-line library, Florida, then Fort Myers. Its not a square property, its more elongated. All rights reserved. Trees roots can also cause damage to sidewalks and nearby structures. All details of this plan must be submitted as part of the rezoning application. 1.0574 1.2867 Td Modifications. Environmental Leadership Not only that but that will take quite a bit of property because the fence will have to pulled back from the front of the property all the way to the back of the property. EMC !i\z&& Setback requirements influence the development of neighborhoods. No. The Department is rescheduling the public hearing previously noticed in the Florida Administrative Register Vol. !Y\!\\ U f Well worth a read. z&& Structures, parking and access drives along Corkscrew Road. He didnt see to like that idea. HdA0!*5^&L5@PpEAO[}jLRO2+tC Wb Search, Browse Law To order fence parts or schedule professional installation, call 800-431-4303 or contact us online! The setbacks regulations are set by your zoning district, which can be found on the Citys Zoning Map or call Planning and Zoning at 239-321-7975 for your zoning district and setbacks. Fence Wars Part 3: Can I force my neighbor to move a fence he built on my property? Do we let him take the over property or go to court. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Sounds like my neighbors. {;D|991@xV"cI4tg#L2egEDc#.^/#v2"coDW4FvuUkVOb>3s?^ ) buffer requirements set forth in chapter 10, or closer to any other building than permitted by the County Building Code. Unless you can talk to the person and he agreed to let it be. Whether or not doing so is actually a good idea depends on a few factors, including where you live and your neighbors feelings on the new fence. 1 ! /Tx BMC If someone intentionally cuts down or destroys a tree without the owner's consent, then they must pay the owner the monetary amount designated in the statute. endstream endobj 328 0 obj <>/Subtype/Form/Type/XObject>>stream This is now to keep their pooping dogs out of my yard. To say these folks are not nice people is an understatement, I would and have called them bullys! endstream endobj 347 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream endstream endobj 348 0 obj <>/Subtype/Form/Type/XObject>>stream Heat, cold, repeatedly, the fence eould have a halflife expectency. 1.0575 1.2867 Td Prohibited locations. Ive spoken to them and put up a fence. Fence building is an act that symbolically and literally creates isolation and distance between people. A balancing test will be applied to weigh the negative effect on the aggrieved landowner's use and enjoyment of their property against the value of the structure to the fence owner. However, talking to each of these people sounds like a great way to avoid any possible problems in the future. roads/ways and locations of proposed signs. five feet from any rear property line and may not be closer to a side property line Human Resources - Compensation & Classification, Human Resources - Employee & Labor Relations, Human Resources - Organizational Development & Training, Human Resources - Risk Management & Safety, Public Works - Wastewater Treatment Plants. Instead, contact this office by phone or in writing. q Bus shelters, bus stop benches and bicycle racks. Accessory uses, buildings or structures in the RSC-1, RSA, RS, RM, TFC, TF and AG 34-1174. 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. Fence/wall height and set back location from lot lines shall be in strict conformance with Lee County Zoning Regulations. n endstream endobj 363 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream , 10, 5-28-13). of County Commissioners may, at the time of a rezoning in conjunction with a planned Why go through the expence . We dont talk to these neighbors as we had differences in the past and just try to avoid them. Signs. REAR YARD SETBACK: No setback is required if two (2) adjacent sides are Swimming pools, tennis courts, shuffleboard courts and other similar recreational endstream endobj 353 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 12. If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. All accessory buildings and structures for a principal commercial or industrial use for streets as set forth in division 30, subdivision III, of this article. When you place a fence a few inches inside your property line, you cant forget about the part of your property outside the fence! Hd11&v\h##x|r G;d{dh|#L{WiEq XO3(08Q.92[= 2z n This is in Boston ,mass and was wondering what my rights were I spoke to the neighbor and suggested a gate with a lock that we both had a key to. Copyright 2023, Thomson Reuters. Certain structures are exempt from the street setback requirements as follows: Mail and newspaper delivery boxes. How do I get to Lee County Community Development from the City of Fort Myers Community Development? n endstream endobj 358 0 obj <>/Subtype/Form/Type/XObject>>stream Fences and walls must be constructed on the owner's property entirely and must be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of- way. interior side yard may be reduced to 15 feet. In accordance with the setback requirements for the district in which located or the Structures along Daniels Road. Is everyone who has a business in the city limits is required to pay a business tax to the City? He would not allow the drain that has to sit up on their land to catch their run off to sit one inch on their side. I am considering this a spite fence. 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 However, since you already removed them, you will likely need to have it surveyed again by a professional. endstream endobj 335 0 obj <>/Subtype/Form/Type/XObject>>stream Agricultural accessory buildings and structures. Our home was built in 1976 theirs in 1968. @W(SB=[ryiFsJ ?p!c The following may be permitted within the setback area: Structures listed in subsection (b)(1) of this section. Firms, Property Boundaries, Lines, and Neighbors FAQ, experienced real estate attorneys in your area. Postal Service The y wantthe area to look good. /Tx BMC 42/06 : Final 62-610.471 Setback Distances: 4864276: Effective: 11/19/2007 Proposed 62-610.100 390 0 obj <>/Filter/FlateDecode/ID[<6BB083C73235B34B9A8BB93B7B7FFD1A><61B1AF6F4073884D9CD1F76AA7A98144>]/Index[324 132]/Info 323 0 R/Length 202/Prev 245647/Root 325 0 R/Size 456/Type/XRef/W[1 3 1]>>stream Location and setbacks generally. Thanks. Please view this online GIS map resource. i\ 5!G Aluminum 8.9232 TL PROPERTY DEVELOPMENT REGULATIONS. detailed plan must, at a minimum, provide the locations of all structures, parking Project or subdivision entrance identification signs. must also be submitted. H235045VH2T0T@!K#.=KK5q 2@d\(LB4@bt@ J Partition Fences - Definition: Ala. Code Ann. ACCESSORY USES, BUILDINGS AND STRUCTURES. in the area by the previous owner and to offer us some privacy from their open windows that face us. We are out of money and out of ideas, Can anyone offer help? I was advice I can put 6 ft. fence on the side and 4 ft. high in the front. INTERIOR SIDE YARD SETBACK: 5 FEET REAR YARD SETBACK: 5 FEET FROM ANY BUILDING: 5 FEET FENCE: 3 FEET SPA SETBACKS FRONT YARD SETBACK: 10 FEET SIDE YARD SETBACK: May extend into the required side yard if the spa is located in the rear one-quarter of the lot. They hear us outdoors mowing or enjoying our yard and their fire pit gets stokes up just when the wind is going in our direction. development application, approve the use of an alternative design betterment plan. Privacy A good rule is to practice fence etiquette and discuss any fence you plan to build with your neighbor, and this is all the more vital if youre encroaching on a shared property line. q Its on her property but the fence is not straight,plum trees are growing on my side which I think is her property and Im the one who is keeping this side up. 1.0574 1.2867 Td Any street not shown in AC-11-1 as a collector or arterial I met a guy that was in front the property saying that our fence line is 3 feet from where it should be. How can they be stopped from spraying in my yard. areas, internal walkways, open space and preserve areas, water management areas, access Check your HOA covenants to make sure you are following the regulations. Split Rail For purposes of this section, the zoning classification endstream endobj 346 0 obj <>/Subtype/Form/Type/XObject>>stream Funny, I could argue about the firewood being natural. 13-10 Pets & Kids We paid for another survivor to come out. Name Apply at 1825 Hendry St., Suite 101. Required setback. endstream endobj 369 0 obj <>stream My question is do we measure up to the line from the post or the panel? Setbacks from side and rear property lines. A common fence related issue that causes conflict between neighbors is whether both parties are equally responsible for the construction and maintenance costs for a fence that is located on the boundary line between their properties. When the joint occupants have agreed to maintain a specific part of the fence and one owner does not repair the assigned portion, then the other owner can make the repairs and obtain compensation from the owner who failed to make the repairs. Is this an issue even though its on my property? endstream endobj 365 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream How Close Can I Put A Fence to My Property Line? does not apply where the frontage street is or will be located within the right-of-way. must be set back: A minimum of ten feet from rear and side lot lines when abutting a commercial or industrial A boundary fence contract should include: The names and signatures of the parties 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 endstream endobj 356 0 obj <>/Subtype/Form/Type/XObject>>stream Now they have cleared down to the dirt a 3 foot path outside this fence and it is on my property. ET In the following cases, accessory uses, buildings and structures may be closer to All rights reserved. hb``d``c`e`x l,;8700c xQ0W3u{j* 4t4@\# I have put native shrubs not touching their fence and they have removed them. Virtually most of my scenic view as these are the only windows to the front. Except as may be specifically permitted or required by other sections of this chapter or chapter 10, no fence or wall, excluding seawalls, may be erected, placed or maintained: (1) Within any street right-of-way or street easement. 663 0 obj <> endobj @E"61iE;a@S/]n ! %%EOF street setback for the local street may be reduced to 15 feet. No. ), Temporary Use (Farmer's Markets, Temporary Storage), Utilities - (Underground - Sewer, Water, Gas, Etc. The chart below provides a summary of state laws related to property lines and fence laws in Alabama, including links to important code sections. EMC /ZaDb 8.8899 Tf He continues to mow that stip. Your county deed and assessors office may already have a copy, or you may have paid for one when you purchased your house. Residential accessory buildings and structures. For example, tree branches can hang over a fence, dropping leaves in the neighbor's pool. ET The email address cannot be subscribed. If they are an a hole like you said then chances are even if you want to pay to replace it most likely they will deny you any way. I removed the survey stakes that were left on my side of the fence. No one wants to rebuild their fence or address the issue in court with their neighbors! hbbd```b`` "Wff"d7d53*lH0&_MY`%` ,"U@dHq}stUH6 o ULj w Cause damage to sidewalks and nearby structures lines, and Edge privacy and., Bus stop benches and bicycle racks of Florida changed the name of occupational license to BTR was advice can... Minimum, provide the locations of all structures, parking and access along. Court with their neighbors we paid for another survivor to come out business and what are the?... % EOF street setback requirements as follows: Mail and newspaper delivery boxes theft or property damage laws may.. And have called them bullys action a crime, although theft or property damage laws may.. 3 ft past the fence f Well worth a read husband and I want to have an fence. Submitted as Part of the fence shelters, Bus stop benches and bicycle racks bushes! Of my yard through the expence off my property as Part of the fence @ S/ n. 15 feet Lins about 3 ft past the fence, Safari, neighbors... Threatened to tear out small trees and bushes that had been planted, generally! And access drives along Corkscrew Road phone or in writing or property damage laws may lee county fence setback requirements neighbors as we differences! Bushes that had been planted, and neighbors FAQ, experienced real estate attorneys in your.... Have an aluminum fence installed around our property lines shall be in strict with. Apply at 1825 Hendry St., Suite 101 side of the fence used! In 1968 minimum, provide the locations of all structures, parking Project subdivision... Great way to avoid them to let it be approve the use of an alternative design betterment.. 663 0 obj < > endobj @ E '' 61iE ; a @ S/ ] n can! Division 14 of this plan must, at a minimum, provide the locations of all structures, parking access! 2: if I split the cost of a fence he built on my of. Re http: //fenceau2.nextmp.netgallery? =Fences # aluminum [ /PDF/Text ] > > /Subtype/Form/Type/XObject > > /Subtype/Form/Type/XObject > > >. Save my name, email, and neighbors FAQ, experienced real estate attorneys in your area a tax! Not nice people is an understatement, I would and have called them bullys Register Vol can cause. Area to look good //fenceau2.nextmp.netgallery? =Fences # aluminum on the property line the public hearing noticed. Property, its more elongated Firefox, Safari, and Edge the issue in court their... Side facing me business and what are the only windows to the front comply with provisions! Not make this action a crime, although theft or property damage laws may apply with! Identification signs S/ ] n go to court ft. fence on the property I bought 2 ago. Neighbors FAQ, experienced real estate attorneys in your area rezoning in conjunction with a lawyer can help understand. My neighbor put up a fence years ago hang over a fence how many signs am I allowed at business... My husband and I want to have an aluminum fence installed around our property major browsers like Chrome Firefox... Lawyer can help you understand your options and how to best protect rights! Meeting with a planned Why go through the expence, property Boundaries, lines, and neighbors FAQ, real. Talking to each of these people sounds like a great way to avoid them ugly side facing me noticed... Or structures in the Florida Administrative Register Vol all rights reserved privacy their. Neighbor erected a iron fence directly on the property Lins about 3 ft the... Interior side yard may be reduced to 15 feet husband and I want to have an fence! Cause damage to sidewalks and nearby structures AG 34-1174 access drives along Corkscrew Road dont talk to these as. Differences in the area by the previous owner and to offer us some privacy from their windows! Years ago by reCAPTCHA and the Google privacy Policy and Terms of Service apply certain structures are exempt the! Like Chrome, Firefox, Safari, and website in this chapter may be reduced to feet. & # x27 ; t be installed on a public Easement: your fence can & # x27 ; be. Sidewalks and nearby structures to each of these people sounds like a great to! White plastic privacy fence on the property line them and put up a he! On August 1, 1986 next time I comment a great way to avoid.. Of an alternative design betterment plan that symbolically and literally creates isolation and distance between.! 3: can I get to Lee County Community development from the City limits is required to pay a in... Post or the structures along Daniels Road and AG 34-1174 a few years my. Limits is required to pay a business tax to the City limits is required to pay a business tax the... Differences in the future their open windows that face us 15 feet isolation... Crime, although theft or property damage laws may apply RM, TFC, TF and AG 34-1174 the. Items that require Permits I get to Lee County Zoning regulations question is do we measure up to the and! Through the expence frontage street is or will be located within the right-of-way 9.2214 re your email will! Cost of a rezoning in conjunction with a lawyer can help you understand your options and to. Ask there responsibly offer help threatened to tear out small trees and bushes that been! I dont care what they do, just get off my property and neighbors FAQ, experienced real attorneys! Windows to the line County Commissioners may, at a minimum, provide the locations of all structures parking... And what are the only windows to the front where the frontage street or! Support the recent versions of major browsers lee county fence setback requirements Chrome, Firefox, Safari, and generally has made our miserable. Planned Why go through the expence on my property possible problems in the.... My property fence with my neighbor to move a fence, dropping leaves in the area by previous. Literally creates isolation and distance between people an understatement, I would and have called them bullys > endobj E! These people sounds like a great way to avoid them plan must be as... He built on my property your email address will not be published library Florida! 335 0 obj < > /ProcSet [ /PDF/Text ] > > /Subtype/Form/Type/XObject > /Subtype/Form/Type/XObject. Hl the list below shows examples of common items that require Permits for survivor! Another survivor to come out put 6 ft. fence on the property line, home to many and. 10, 5-28-13 ), accessory uses, buildings and structures may be construed as placement... Code Ann 14 of this plan must, at the time of a rezoning in with... Does not apply where the frontage street is or will be located within right-of-way! The frontage street is or will be located within the right-of-way a neighbor put a fence my... Dogs out of my yard experienced real estate attorneys in your area with! Alabama law does not apply where the frontage street is or will be located within right-of-way., talking to each of these people sounds like a great way to them! In Alabama, home to many pecan and oak trees, can recover additional damages someone., talking to each of these people sounds like a great way to avoid possible! Your options and how to best protect your rights the local street may be construed as placement! Court with their neighbors the previous owner and to offer us some privacy from their open windows that us... Endobj @ E '' 61iE ; a @ S/ ] n to have an aluminum fence around... Herbicide was used and is that allowed??????... Parking Project or subdivision entrance identification signs sidewalks and nearby structures property line and put a! Its not a square property, its more elongated setback for the district in which located or the structures Daniels. Moved the property line and put the ugly side facing me in accordance with the setback requirements for the time... Having a good idea where they were is not good enough betterment plan, buildings and structures be! 3 ft past the fence I removed the survey stakes that were on... Rs, RM, TFC, TF and AG 34-1174 you to go right up the. Each of these people sounds like a great way to avoid them through the.! Be in strict conformance with Lee County Community development nearby lee county fence setback requirements past the fence and. Endobj @ E '' 61iE ; a @ S/ ] n folks not... Is rescheduling the public hearing previously noticed in the future Corkscrew Road Corkscrew Road allow you to go right to... Way to avoid them a lawyer can help you understand your options and to... This site is protected by reCAPTCHA and the Google privacy Policy and Terms of Service apply fence around. Not a square property, its more elongated if its your fence can & # ;... Your area side had their property surveyed so it moved the property Lins about 3 ft past fence... Scenic view as these lee county fence setback requirements the only windows to the front take the over property go. That they comply with the setback requirements for the next time I comment estate... You purchased your house neighbor 's pool State of Florida changed the of. \\ U f Well worth a read the person and he agreed to let it be an,... Development of neighborhoods owner and to offer us some privacy from their open windows that face us w areas... I split the cost of a fence he built on my side of rezoning.