Zoning Enforcement

The City of Hendersonville’s Planning Department utilizes Zoning Enforcement to ensure that regulations within the City’s zoning ordinance are maintained. Many items are addressed for ordinance compliance through a remediation and citation process with this program. The Planning Department’s provides an opportunity for the homeowner or business to address the violation, with a citation as the last resort. A few of the items that are part of zoning enforcement include:

  • Signage on private property, including feather flags, inflatables, 
  • The number of animals on a property, such as chickens and livestock
  • The number and location of RV’s and trailers
  • Site Plan and Development Plan landscaping compliance to meet approved plans
  • Fence material and height
  • Storage Pods that are documented on a property in excess of 90 days
  • Accessory structures
  • Unpermitted structures
  • Vacation Rental Citations (after Police Department report)
  • Commercial and Industrial outdoor lighting to meet approved site plans
  • Condition of paving on private property to meet approved plans (excluding roadways, which is addressed by Public Works)
  • Property maintenance such as high grass, and litter or inoperable vehicles on the property

When zoning ordinance violations are found during property maintenance code inspections, the zoning enforcement officer will coordinate with the Hendersonville Police Department Property Maintenance Division.  Vacation rental/AirBnB complaints are also investigated by the Hendersonville Police Department. Visit our page for Short Term Vacation Rentals for more information. 

Zoning Violation Enforcement Process

  1. Initial Citizen Complaint & City Inspection - Upon receiving a zoning violation complaint from a citizen, the Zoning Enforcement Officer will drive by the location to determine whether the violation can be visually observed.  
    • If the suggested violation is one that is clearly not observed (example: a fence that is compliant and can be seen to be compliant upon inspection) then no action will be taken.  
    • If the suggested violation is clearly observed the initial violation letter (step #2) below will sent to the property owner/resident. 
    • If the visual inspection does not clearly show the property to be compliant, then the Zoning Enforcement Officer will send a letter to the property owner/resident informing them of a possible violation on the property.  The Zoning Enforcement Officer will conduct research as necessary to determine violation infractions. Property owner/residents are encouraged to make contact with the zoning enforcement officer to discuss the issue after receipt of the letter. 

      If the violation is observed by Zoning Enforcement Officer, the first step of the process is the initial violation letter below. 

  2. Initial Violation Letter - A letter will be mailed to the property owner/resident explaining the violation, the relevant zoning ordinance and a specified number of days to correct the violation. Typical times allotted for specific violation types will vary based on the infraction from 7 - 60 days. 
  3. Follow-up/2nd Violation Letter - If the violation has not been corrected in the specified time period, a second letter will be sent to the property owner with a specific date to resolve the issue or receive a citation. 
  4. Citation Letter - If the violation is not fully corrected by the deadline, a citation will be issued. 
  5. Court - The citation will be on the docket for the City Municipal Court to hear the case.