A.

General Requirements.

1.

The Zoning Board of Adjustment shall hear and decide special exceptions; decide such questions as are involved in determining when special exceptions should be granted; grant special exceptions with appropriate conditions and safeguards or deny special exceptions when not in harmony with the purpose and intent of this Code.

2.

In granting special exceptions the Zoning Board of Adjustment shall find that such grant will not adversely affect the public interest. Such decision shall be reached only after receipt of a written report from the Planning and Zoning Commission and the holding of a public hearing conducted in the manner set forth in section 3.11.B. Failure of the Planning and Zoning Commission to submit a written report within thirty (30) days after referral to the Zoning Board of Adjustment shall be deemed as an approval of the application by the Planning and Zoning Commission.

3.

In granting any special exception, the Zoning Board of Adjustment, in addition to the standards enumerated in sections 2.5 A, B and C of this Code, may prescribe appropriate conditions and safeguards in conformity with this Code. Any violation of such conditions or safeguards, when made part of the terms under which the special exception is granted shall be considered as a violation of this Code. The Zoning Board of Adjustment may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both.

B.

General Regulations Governing All Special Exception Uses. Special exception uses, as enumerated in section 2.3 of this Code, shall be permitted only upon authorization of the Zoning Board of Adjustment subsequent to review and recommendation of the Planning and Zoning Commission. Such uses shall be found by the Zoning Board of Adjustment to comply with the following requirements and any other applicable requirements as set forth in this Code.

1.

That the proposed is a permitted special exception use as set forth in section 2.3.

2.

That the special exception use is designed, located and proposed to be operated in such a manner that the health, safety, welfare and convenience of the public will be protected.

3.

That the special exception use will be compatible with adjoining development as well as the proposed development and character of the district in which it is to be located.

4.

That adequate landscaping and screening is provided as required herein.

5.

That adequate off-street parking and off-street loading spaces are provided as required herein.

6.

That ingress and egress are so designed and located as to cause minimal interference with traffic on abutting streets.

7.

That the special exception use conforms with all applicable regulations governing the district where located, except as may be otherwise determined for large scale developments.

8.

The Zoning Board of Adjustment in their review of a special exception may impose other conditions they deem necessary to protect the health, safety, welfare and property values of the area.

C.

Standards of Review. Special exception uses shall only be approved if they meet all of the following standards:

1.

General standards.

a.

The applicant for a special exception use shall submit ten (10) copies of the site plan, drawn to a scale of no less than one (1) inch equals fifty (50) feet.

b.

The special exception use shall be consistent with the regulations of this Code.

c.

The special exception use shall be consistent with the Comprehensive Plan of the City of Inverness.

d.

The special exception use shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provisions for the preservation of the scenic features and amenities of the site and the surrounding area.

e.

The special exception use shall be planned and developed to harmonize with existing and proposed development in the area surrounding the project site.

2.

Landscape standards.

a.

Existing trees shall be preserved and integrated into the overall landscape design plan, whenever possible.

b.

Primary landscaping shall consist of shrubs, ground cover and trees used in combination to provide an attractive development site. (See section 2.8)

c.

Streets bordering and within a major project shall be planted with trees at intervals of fifty (50) feet or less.

d.

All landscaping materials selected shall be appropriate for local growing conditions.

e.

Parking areas shall be landscaped and screened from public view to the extent necessary to eliminate the unsightliness and monotony of parked cars.

3.

Circulation standards. Whenever appropriate, the following circulation standards shall apply:

a.

There shall be an adequate, safe and convenient arrangement of pedestrian walkways.

b.

Pedestrian and vehicular circulation shall be arranged so that pedestrians are exposed to vehicular traffic to the least degree necessary.

c.

Pedestrian walkways shall be paved, comfortably graded and lighted for the safety and convenience of pedestrian traffic.

d.

The design and location of streets, roads, parking areas and pedestrian walkways shall be an integral part of the site plan presented for approval.

4.

Parking standards.

a.

Parking facilities shall be designed and built with careful regard to existing topography, ease of access and the preservation of trees.

b.

Off-street parking spaces shall be provided in accordance with the requirements of Schedule III, section 2.7.

D.

Specific Standards of Review Governing Special Exception Uses. Special exception uses shall be governed by the standards and regulations specifically set forth below. No deviation from these specific standards and regulations shall be permitted without approval by the Zoning Board of Adjustment.

1.

Planned unit development. The purpose of planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and open public spaces, and to preserve the natural and scenic qualities of the area.

The procedure is intended to permit diversification in the location of building and improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety and welfare and convenience both in the use and occupancy of the buildings and facilities in the planned group. The following standards and regulations shall apply to a planned unit development:

a.

The minimum lot area of a planned unit development shall be five (5) acres in the SLD/RS, LD/R1 and ULD/R2. (In the LMD/R3 district the minimum lot area shall be one (1) acre or one (1) city block whichever is smaller.)

b.

A minimum of twenty-five (25) percent of the total land area of a planned unit development shall be set aside and developed for open space for the residents of the planned unit development.

c.

A buffer strip shall be provided along all perimeter development lot lines. The buffer strip may be included as part of the public open space, however, no building, structure, street, parking area or active recreational facilities may be located therein, with the exception of driveways giving direct access to the development. One (1) identification sign may be erected at each driveway entrance provided said sign does not exceed twenty (20) feet in area, six (6) feet in height and is not located within fifteen (15) feet of any right-of-way (refer to buffering requirements, section 2.8.L.3).

d.

Interior streets shall have a minimum right-of-way width of thirty (30) feet with a minimum paved width of twenty (20) feet.

e.

Planned unit developments shall be connected to both municipal sewer and municipal water.

f.

The maximum dwelling units permitted shall not exceed:

g.

A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit. A garage may be considered as an off-street parking space.

h.

No building or group of connected buildings shall exceed one hundred fifty (150) feet in length nor shall any building exceed thirty (30) feet or two and one-half (2.5) stories in height.

i.

No building or group of connected buildings, exceeding one hundred (100) feet in length or containing eight (8) or more dwelling units shall be located within forty (40) feet of any other building, except that a detached garage may be located within ten (10) feet of a residential building.

j.

No single-family dwelling unit shall contain less than eight hundred (800) square feet of living area. All other types of dwelling units shall comply with the minimum living area requirements of the LMD/R3 districts as shown in section 2.4.

k.

No single-family or duplex dwelling shall be located within twenty (20) feet of an interior street line, ten (10) feet of an interior side lot line or twenty-five (25) feet of an interior rear lot line. No multi-family dwelling shall be located within twenty-five (25) feet of an interior street line, twenty (20) feet of an interior side lot line or forty (40) feet of an interior rear lot line.

l.

In order to promote a balance in the types of housing in a planned unit development, no one type of housing, with the exception of single-family dwellings, shall exceed forty (40) percent of the total housing units in the development.

2.

Automobile service station or automobile repair shop.

a.

No driveway of an automobile service station or automobile repair shop shall be located within two hundred (200) feet of the property line of a public or private school, public library, church, hospital, nursing home, public park or public playground fronting the same street.

b.

No driveway of an automobile service station or automobile repair shop shall be located within thirty (30) feet of a street intersection.

c.

No gasoline or other fuel pump shall be located within thirty (30) feet of a street line or of an adjoining property line.

d.

All repairs shall take place within an enclosed building or under roof when feasible.

e.

No motor vehicle shall be parked or stored out of doors on the premises for more than sixty (60) days. Vehicles may be parked or stored out of doors on the premises within an area screened by a minimum six-foot privacy fence for up to one hundred twenty (120) days. The entire premises on which there is an automobile service station or an automobile repair shop shall be kept clean and free of debris such as used auto parts, tires, oil cans or drums, rags, papers or any other used or discarded materials.

f.

The entire premises on which there is an automobile service station or an automobile repair shop shall be kept clean and free of debris such as used auto parts, tires, oil cans or drums, rags, papers or any other used or discarded materials.

g.

If approved by the Board of Adjustment, one (1) freestanding sign may be erected. Such sign shall not exceed one hundred (100) square feet in area, twenty-five (25) feet in height nor shall it be located within fifteen (15) feet of any property line. Such sign shall not revolve, rotate, move or give the illusion of movement nor shall it be lighted with intermittent or flashing lights.

(Ord. No. 98-573, § 1, 10-6-98; Ord. No. 99-576, § 1, 2-2-99)

3.

Carwash.

a.

There shall be a minimum lot area of one (1) acre.

b.

A minimum setback of fifty (50) feet shall be maintained from all property lines.

c.

The principal structure shall be at least one hundred (100) feet from the boundary of any residentially committed area.

d.

The use shall be buffered by a permanent opaque fence six (6) feet in height where abutting any residentially committed area and maintained in good repair.

e.

In addition to meeting the off-street parking requirements, there shall be provided at least ten (10) off-street automobile waiting spaces on the lot or in the moving lane to the automobile washing building entrance.

f.

There shall be direct access to a major collector or arterial road as shown on the Official Functional Classification of Roads Map.

g.

The Best Management Practices for recycling and conservation of water shall be required, as well as evidence of compliance with DER requirements under Chapter 17.4-003, FAC.

4.

Kennel, animal boarding.

a.

There shall be a minimum lot area of one (1) acre.

b.

Buildings housing animals shall be located no closer than one hundred fifty (150) feet from an adjacent residentially committed area.

c.

All activities, with the exception of animal exercise yards, shall be conducted within an enclosed building.

d.

Exercise and confinement yards shall be located no closer than two hundred (200) feet from any dwelling unit on adjacent property.

e.

Disposal of dead animals shall be by means approved by the Department of Health and Rehabilitative Services. No facilities for cremation of animal remains shall be permitted on the site.

5.

Public golf courses.

a.

The requirements for a public golf course shall be the same as the requirements for an outdoor commercial amusement except that the minimum lot area shall be fifty (50) acres and there shall be no minimum lot width or depth requirements.

6.

Commercial tennis courts.

a.

The requirements for a commercial tennis court shall be the same as the requirements for an outdoor commercial amusement except that the minimum lot area shall be three (3) acres and there shall be no minimum lot width or lot depth requirements.

7.

Pharmacies (when permitted as special exceptions).

a.

The lot, yard and bulk requirements shall be the same as those required for a professional office in the RP district.

b.

Five and one-half (5.5) off-street parking spaces shall be provided for each one thousand (1,000) square feet of floor space.

8.

Public utility substations.

a.

No public utility substation shall be erected or established on a lot which does not comply with the minimum lot, yard and bulk regulations of the district in which it is to be located.

b.

All buildings, structures and outdoor equipment shall be fenced on all sides. The fencing shall be a minimum of six (6) feet in height.

c.

When a public utility substation is in or abuts a residential district, screening or landscaping shall be provided also. Said screening shall be no less than two (2) rows of nondeciduous trees, at least six (6) feet in height.

9.

Outdoor storage areas, including, but not limited to, junkyards, automobile wrecking yards and gasoline or oil storage depots except planned unit developments.

a.

Such uses shall not be located within two hundred (200) feet of a residential district.

b.

No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with a heating device or appliance located on the same lot as the tanks or drums of fuel are excluded from this provision.

c.

All outdoor storage facilities shall be enclosed by a solid fence or wall of adequate height to conceal such facilities and the contents thereof from adjacent properties. Such fences or walls shall be no less than ten (10) feet from a side or rear property line, and no less than twenty-five (25) feet from the front property line.

d.

No materials or wastes shall be placed or deposited on any premises in such form or manner that they may be transferred or carried off such premises by natural causes or forces.

e.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.

10.

Shopping center.

a.

The total lot coverage of a shopping center shall not exceed eighty (80) percent of the development site.

b.

The minimum front setback for any building in a shopping center shall be seventy-five (75) feet.

c.

Parking areas located in the front yard area shall be attractively landscaped.

d.

No parking area or driveway, other than an access driveway, shall be located within thirty (30) feet of the street line.

e.

One (1) freestanding sign identifying the shopping center shall be permitted. Such sign shall not exceed three hundred (300) feet in area nor shall it be located within twenty-five (25) feet of a property line. (Ord. No. 93-484, § 2, 11-2-93)

11.

Mobile home parks.

a.

The minimum lot area of a site to be developed as a mobile home park shall be ten (10) acres.

b.

No permit or approval shall be issued for a mobile home park unless it is determined by the City Engineer that the proposed plan will be compatible with the city's master drainage plan, where applicable.

c.

Municipal sewer and water shall be provided.

d.

Roadways within a mobile home park shall have a minimum right-of-way width of twenty-two (22) feet with a minimum pavement of eighteen (18) feet in width.

e.

The minimum width of a mobile home site shall be forty (40) feet. The minimum area shall be thirty-five hundred (3,500) square feet.

f.

No mobile home shall be located within fifteen (15) feet of an interior street line or within ten (10) feet of a side or rear line of the site on which it is placed.

g.

Two (2) off-street parking spaces shall be provided on each site.

h.

Accessory buildings or structures shall not be located within the front setback or closer than five (5) feet to a side or rear site line.

i.

The total coverage of a mobile home site shall not exceed forty (40) percent.

12.

Cluster development. In order to provide variation in lot size, shape, width, depth and in the building setbacks, cluster development is permitted in the SLD/RS, LD/R1 and ULD/R2 districts for single-family dwellings, duplexes and townhouses when developed in accordance with the following standards:

a.

Gross area: A minimum of five (5) acres shall be required for a cluster development.

b.

Density: The dwelling units within a cluster development shall not exceed the following densities:

c.

Minimum yard requirements:

There shall be no minimum side yard requirement within an individual cluster group.

d.

Off-street parking: Two (2) off-street parking spaces, no less than one hundred eighty (180) square feet each, shall be provided for each dwelling unit. A garage or carport may be used in conjunction with an uncovered parking space to satisfy this requirement.

e.

General requirements:

1)

No dwelling unit, or any part thereof, shall be located above any other dwelling unit.

2)

Minimum living area may be reduced to eighty (80) percent of that provided in section 2.4 for the district in which the cluster development is located. No building shall exceed thirty (30) feet or two and one-half (2.5) stories.

3)

No building shall contain more than six (6) dwelling units.

4)

No building or cluster group containing more than two (2) dwelling units shall be within forty (40) feet of any other building.

5)

All dwelling units within a cluster development shall be connected to municipal sewer and water.

6)

Water retention or detention facilities shall be provided on site. The detention or retention area shall be grassed or sodded.

7)

No building or structure shall be located closer to a perimeter lot line than twice the required side yard of the abutting residential district.

8)

In order to provide a balance of housing types other than single-family detached dwellings, no one type of housing shall exceed forty (40) percent of the total project.

9)

Provision shall be made for ownership, maintenance and control of all open space and/or common areas.

10)

Specifications for the roads or streets within a cluster development shall be approved by the building official and/or the city engineer. Right-of-way and street paving widths to be same as PUD requirements. (See Policy Manual, Sections 48.10 to 51.60).

13.

Crematoria:

a.

Are permitted in commercial zoning only and shall be located a minimum of one hundred (100) feet from any residentially committed area.

14.

Multi-family—ULD/R2 zoning district:

a.

To encourage affordable housing opportunities for the elderly and economic disadvantage, affect a more economical use of public facilities, provide more open space, promote a pleasing and convenient environment, enforce standards relating to public health, safety and welfare.

b.

The following requirements shall apply to multi-family units in ULD/R2 zoning districts:

1)

The minimum lot area of five (5) acres.

2)

A minimum of thirty-five (35) percent of the total land area shall be set aside and developed for public open space. The development of public open space may include, but not be limited to, parks, playgrounds, swimming facilities, tennis courts, hiking trails or golf courses. Roads, sidewalks, driveways, parking areas and required building setbacks shall not be included as part of the public open space requirements.

3)

A buffer strip shall be provided along all perimeter development lot lines. The buffer strip may be included as part of the public open space requirement; however, no building, structure, street, parking area or actual recreational facilities may be located therein, with the exception of driveways giving direct access to the development.

4)

One (1) identification sign may be erected at each driveway entrance provided said sign does not exceed twelve (12) feet in area, four (4) feet in height and is not located within twenty-five (25) feet of any right-of-way.

5)

Interior streets shall have a minimum right-of-way width of thirty (30) feet with a minimum paved width of twenty (20) feet.

6)

All infrastructure: streets, sewer, sidewalks, drainage, etc., shall be to city standards.

7)

Multi-family units shall be connected to both city sewer and city water per city ordinance.

8)

The maximum dwelling units permitted shall not exceed the land use density of the zoning district.

9)

A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit. A garage may be considered as fulfilling the off-street parking requirement, space for space.

10)

No building or group of connected buildings shall exceed one hundred fifty (150) feet in length nor shall any building exceed thirty (30) feet or two and one-half (2.5) stories in height.

11)

No building or group of connected buildings, exceeding one hundred (100) feet in length or containing eight (8) or more dwelling units shall be located within forty (40) feet of any other building, except that a detached garage may be located within ten (10) feet of a residential building.

12)

No single family dwelling unit shall contain less than eight hundred (800) square feet of living area. Duplex units to have a seven hundred fifty (750) square feet of living area. Multi-family units shall conform to section 2.4, living area requirements.

13)

No single family or duplex dwelling shall be located within twenty (20) feet of an interior street line, ten (10) feet of an interior side lot line or forty (40) feet of an interior rear lot line. No multi-family dwelling shall be located within twenty-five (25) feet of an interior side lot line or forty (40) feet of an interior rear lot line.

14)

All other requirements of this Code shall apply.

15.

Towers and antennas.

a.

Purpose and intent. The purpose and intent of these regulations is to establish guidelines for the siting of commercial towers, structures and antennas and support facilities in the City of Inverness and to minimize adverse impacts to adjacent and nearby properties located with the search radius as defined herein. The goals of these regulations are to:

1)

Protect residential areas and land uses from the potential adverse impacts of commercial towers, structures and antennas when placed at inappropriate locations or permitted without adequate controls and regulations consistent with the provisions of law;

2)

Encourage the location of towers in non-residential areas;

3)

Minimize the adverse visual impacts resulting from commercial towers, structures and antennas through sound and practical design, siting, landscape screening, and innovative camouflaging techniques all in accordance with generally acceptable engineering and planning principles;

4)

Avoid potential damage to adjacent and nearby properties located within the search radius as defined herein through sound engineering and planning and the prudent and careful siting of tower structures;

5)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

6)

Consider the public health, safety and welfare of the citizens of the City of Inverness;

7)

Require shared use and collocation of existing and new towers to avoid proliferation of unnecessary towers in the City of Inverness and Citrus County;

8)

Ensure that location of towers is consistent with the provisions of the City of Inverness and Citrus County Comprehensive Plan, the Withlacoochee Strategic Regional Policy Plan, the State Comprehensive Plan, as well as the provisions of state and federal law and local regulations.

b.

Definitions.

1)

Alternative tower structure shall mean any wireless telecommunications mounting structure or facility that is designed to blend unobtrusively into the surrounding environment in order to camouflage or conceal the presence of towers.

2)

Antenna shall mean an exterior or hidden transmitting or receiving apparatus mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communications signals (excluding amateur radio, residential satellite earth stations and antennas).

3)

Backhaul network the facilities/lines that connect a provider's towers and cell sites to each other and/or to one or more cellular telephone switching offices, and/or long distance providers, or the public switched network.

4)

Collocation shall mean the location of two (2) or more antennas on either a new or existing telecommunications tower or one or more antennas on an electrical structure or existing telecommunications tower or one or more antennas on an electrical structure or existing radio and television towers.

5)

FAA the Federal Aviation Administration.

6)

FCC the Federal Communication Commission.

7)

Guyed tower shall mean a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

8)

Telecommunications tower height means the distance measured from ground level to the highest point on the telecommunications tower or other structure, even if said highest point is an antenna.

9)

Lattice tower shall mean a telecommunications tower that is constructed with a series of struts forming a nonsolid surface tower, without guy wires and standing on and fastened to an in ground pier.

10)

Microwave shall mean a dish antenna, or a dish-like antenna used to link communication sites together by wireless transmission of voice or data.

11)

Monopole tower shall mean a telecommunications tower consisting of a single pole or spire self-supported without guy wires.

12)

NIER shall mean non-ionizing electromagnetic radiation.

13)

Panel (directional or beam) antenna shall mean an array of antennas designed to concentrate a radio signal in a particular area.

14)

Preexisting towers and preexisting antennas any tower or antenna for which a building permit or conditional permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

15)

Telecommunications tower shall mean a wireless telecommunications tower designed and constructed primarily for the purpose of supporting one or more antennas. The term includes towers for television, AM/FM radio, digital, microwave, common carrier, cellular telephone, or similar forms of electronic communication. The term excludes radar towers, amateur radio support structures overseen by the FCC and as specified in F.S. § 125.0185 and F.S. § 166.0435, transportable communication devices, public safety agencies, residential satellite earth stations, and private home use of satellite dishes and home television antennas.

16)

Whip antenna shall mean a cylindrical antenna that transmits signals three hundred sixty (360) degrees.

c.

Applicability.

1)

New towers, alternative tower structures, and antennas. All new towers, new antennas, and new alternative tower structures in the city shall be subject to these regulations and all other applicable regulations except those being constructed for public safety. For purposes of measurement, tower and alternative tower structure setbacks and separation distances as listed in subsections f.2) and f.3), herein, shall be calculated and applied to those towers and tower structures located in the city irrespective of county jurisdictional boundaries.

2)

Building/rooftop mounted antennas. All new telecommunications antennas that are not attached to telecommunications towers or alternative tower structures, specifically building mounted antennas, shall comply with [this] section if located on buildings.

3)

AM array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower units and supporting ground system that functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured form the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. The purpose of the AM array is for AM broadcasting only.

4)

Preexisting towers and antennas. For purposes of implementing this section of the LDC, a tower that has received a development order, but has not yet been constructed, shall be considered an existing tower so long as such approval is current and not expired. No expired permit for a tower may be granted an extension of time without resubmitting plans for further review and approval under the standards and requirements of this section of the LDC.

5)

Routine maintenance. Routine maintenance, which includes readjusting antenna heights or locations and adding new antennas, shall be permitted on existing and new towers. New construction other than routine maintenance on an existing tower shall comply with the requirements of this section of the LDC. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section if they are valid and conforming structures at the effective date of this ordinance.

6)

Planned developments. In addition to these standards, telecommunications towers and antennas in Planned Developments shall be subject to standards and approval processes provided for in Sections 2.3, 2.5 or other appropriate sections.

7)

Amateur radio station operators and television receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and does not exceed twenty (20) feet above a roof or other structure if attached to the roof of a structure or used as an amateur radio or residential television receive only antenna.

d.

Permitted uses.

1)

General. The uses listed in this section are deemed to be permitted uses requiring an administrative approval by the Development and Plan Review Committee (DPRC) and shall not require a special exception use unless specifically required in Table 1.

2)

Permitted uses. Antennas on buildings, telecommunications towers, and alternative tower structures, are specifically permitted in the following:

a)

On property owned, leased, or otherwise controlled by the City of Inverness provided a license or lease authorizing such antenna or tower has been approved by the City of Inverness, and minimum requirements of the LDC can be met.

b)

In districts as further defined in Table 1.

3)

Monopole towers. Monopole towers shall be a permitted use in all approved electrical substation sites, as long as the proposed height does not exceed one hundred fifty (150) feet.

4)

Required certification. The applicant, for a proposed tower or alternative tower structure shall provide certification by a professional engineer that the tower or alternative tower structure is designed in accordance with the standards cited in this Code and that in case of collapse the tower will be contained on the parcel or site, and that no structure other than those in direct support to the operations of the tower shall be located within the certified fall zone.

5)

Compliance with aviation regulations. The applicant for a proposed tower or alternative tower structure must demonstrate that the proposed tower or alternative tower structure complies with all state and federal laws and regulations concerning aviation safety, including Part 77 of the Federal Aviation Regulations and Part 17 of the FCC Rules and has been reviewed by the Citrus County Aviation Advisory Board (AAB).

6)

Evidence of pursuing collocation. The applicant for a proposed telecommunications tower or alternative tower structure must provide evidence of pursuing collocation within a search radius as specified in subsection k.1). Evidence shall include written correspondence between the petitioner and owner/operator of other structures in the search area and should include request for space, general rate structure for leasing, radio frequency, structural requirements, and any existing FCC limitations.

e.

Special exception use.

1)

General. Antennas on buildings, telecommunications towers, and alternative tower structures allowed by special exception use approval shall meet all requirements, standards, and findings as outlined in this section.

2)

Special exception use. Antennas on buildings and towers approved by special exception use shall be allowed in districts as shown in Table 1.

3)

Alternative tower structures. Alternative tower structures may be allowed in some cases as an approved special exception use in historical districts and will be reviewed on a case by case basis.

4)

Findings. In addition to the findings for a special exception use required in this section of the Code, the following additional findings shall be considered by the Development and Plan Review Committee (DPRC).

a)

[Demonstration of Need.] The applicant shall demonstrate that the telecommunications tower/antennas must be located where it is to serve the company's system and service area and that collocation on an existing tower is unfeasible or unreasonable. Evidence must be provided which considers the following:

(1)

Proximity of all nearby towers located within the search radius and whether or not they provide collocation facilities.

(2)

Existing telecommunications towers and structures located within the search radius are not of sufficient height for the company's service area. Evidence must be certified by an appropriate professional engineer certified to practice in the State of Florida.

(3)

Existing towers and structures located within the search radius are not of sufficient structural strength to support applicant's proposed antenna and related equipment. Evidence must be certified by an appropriate professional engineer certified to practice in the State of Florida.

(4)

Collocation would cause electromagnetic interference with either the applicant's communication system or with existing communication systems. Evidence must be certified by an appropriate professional engineer certified to practice in the State of Florida.

(5)

Costs to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Fees and costs shall be presumed to be unreasonable when they exceed the costs to design and construct a new telecommunications tower.

(6)

Alternative technology not requiring towers or structures is not feasible.

(7)

Other limiting factors, including but not limited to natural and man-made environmental limitations.

b)

Required Certification. The applicant shall provide certification by a professional engineer that the proposed tower or alternative tower structure is designed in accordance with the standards cited in this Code and that in case of collapse the tower or alternative tower structure will be contained on the parcel or site, and that no structure other than those in direct support to the operations of the tower or alternative tower structure shall be located within the fall zone.

c)

Compliance with Aviation Regulations. The applicant must demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety, including Part 77 of the Federal Aviation Regulations and Part 17 of the FCC Regulations, and has been reviewed by the Citrus County Aviation Advisory Board (AAB).

d)

Evidence of Pursuing Collocation. The applicant must provide evidence of pursuing collocation within a search radius as specified in subsection k.1). Evidence shall include written correspondence between the petitioner and owner/operator of other structures in the search area and should include request for space, general rate structure for leasing, radio frequency, structural requirements, and any existing FCC limitations.

e)

[Map and Propagation Study.] The applicant will provide a map of the proposed coverage area and a propagation study for the proposed telecommunications tower or alternative tower structure and any relevant antennas.

5)

Exceeding height limitations. Special exception uses are required for towers, which exceed the height requirements of subsection f.1)c).

f.

Standards and requirements for towers and alternative tower structures and antennas either as permitted or special exception.

1)

Height.

a)

General. The height requirements of this section shall be met unless a specific height is approved by a special exception use as specified in subsection e. above.

b)

Airport and Airspace Restrictions. In addition to the height requirements specified herein, all proposed towers, replacement towers and alternative tower structures shall meet the requirements of the Citrus County Land Development Section 4672 as well as all Citrus County Aviation Zoning Maps and plans. Prior to any city approval, the applicant for a proposed tower, replacement tower or proposed antenna shall obtain review of applicant's plans by a qualified aviation consulting firm selected by the city. The applicant will fund the cost of such review by the consultant. The consultant shall review the Applicant's application to determine whether the application meets all local, state and federal aviation and height requirements and to determine if any public safety issue exists. The consultant's recommendations regarding compliance shall be submitted to the city along with the applicant's application.

c)

Height Limitations. Locating a new tower or alternative tower structures in any district other than Industrial (I), shall require the following height limitations in order to minimize visual obtrusiveness:

(1)

Single service provider telecommunications towers and alternative tower structures shall not exceed ninety (90) feet in height;

(2)

Telecommunications towers and alternative tower structure designed for two (2) service providers may not exceed one hundred twenty (120) feet in height; and

(3)

Telecommunications tower and alternative tower structures designed for three (3) or more service providers may not exceed one hundred fifty (150) feet in height.

2)

Setbacks. Except as otherwise specified within this section, towers, alternative tower structures, guy wires, and all related structures must satisfy the minimum setback requirements for the specific district as set forth in the Land Development Code as well as the requirements of this section.

3)

Separation.

a)

Between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or sites which have a land use or building permit approval before or on the effective date of this ordinance. The separation distances between towers (listed as radius linear feet) shall be shown in Table 2. Except for the I Industrial district which shall not require a minimum separation distance between towers.

b)

Separation from Off-site Uses. Separation requirements for towers shall comply with minimum standards established in Table 3.

c)

Separation from Historical Properties. In addition to the setback requirements of subsection f.2), no tower shall be allowed within the separation distances for historic or residential properties as shown in Table 3 unless it is an approved alternative tower structure design subject to a special exception use. Towers affecting historical locations and environmental sites and conditions are subject to FCC Rules 1.13001 through 1.1319. An applicant is required to submit to the city proof of submission of FCC required notification and application when causing impact to an historical or environmental site.

d)

Measuring Separation. The separation distances between towers shall be measured by drawing or following a straight line between the base of the existing tower and the base of the proposed tower, pursuant to a site plan. Separation distances from towers to off-site uses shall be measured from the base of the proposed tower to the property lines of the off-site use.

4)

Illumination.

a)

Towers, alternative tower structure, and antennas shall not be artificially lighted except to assure human safety as required by the FAA or as a safety requirement imposed by special exception use. Dual mode lighting shall be requested from the FAA prior to construction of any tower.

b)

If lighting is required for equipment buildings and other structures, the DPRC may review the available lighting alternatives and approve a design with the least disturbance to surrounding views.

5)

Finish. Towers or parts of towers and structures not requiring FAA painting/marking shall be of neutral color or material that will reduce visual obtrusiveness and blend with the surrounding environment, such as either a galvanized finish or non-contrasting blue or gray finish. The design of buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, landscaping, and alternative tower structure design that will blend structures with the natural setting and surrounding buildings.

6)

Structural design.

a)

Structural Standards. Towers and alternative tower structures shall be constructed in accordance with the EIA/TIA 222 Revision F Standards as published by the Electronic Industries Association, as may by amended or its successor, and all City of Inverness construction and building codes as indicated in a statement signed, sealed, and dated by a professional engineer licensed to practice in the State of Florida.

b)

Loading Capacity. Such statement shall also describe the telecommunications towers or alternative tower structure's loading capacity, and number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity.

c)

Collocation. All new telecommunications towers, and those existing towers to be modified, shall have the capability of having space for two (2) or more carriers. Tower owners shall make reasonable effort to accommodate other antenna users on their towers.

d)

Site Plans. Any structural modification to a telecommunications tower and alternative tower structure shall require submission of a site plan signed, sealed and dated by a professional engineer licensed in the State of Florida which provides substantial competent evidence of compliance with the EIA/TIA 222 Revision F Standards, as may be amended or its successor, in effect at the time of said improvement or addition, and compliance with any other standards and regulations of the FAA, FCC, the City of Inverness, and other agencies with authority to regulate towers and antennas.

7)

Signage. No commercial signage or advertising shall be permitted on tower, alternative tower structure or antenna. For public safety reasons, a sign will be posted at the front door of the equipment building stating:

"In case of emergency, Notify _____ at _____ "

Name       Telephone     

No other signage shall be permitted unless otherwise required by law or the signage pertains only to the posting of the property relative to trespassing. The use of any portion of a tower, equipment buildings, or perimeter fence for signs or advertising purposes, including company name, banners, streamers, etc., shall be prohibited. If a sign is required, it shall not exceed two (2) square feet in size or as required by law.

8)

Fencing.

a)

A chain-link fence not less than six (6) feet nor greater than eight (8) feet in height from finished grade shall be installed by the applicant around the base of each tower and any guy wire anchors. An appropriate anti-climbing device may be used to prevent pedestrian access to the tower but shall not exceed two (2) feet in height. An anti-climbing device shall not be included when calculating the height of the fence.

b)

Access to the tower through the fence shall be through a gate that shall be locked at all times.

9)

Landscaping and Buffering. The visual impacts of a tower and accessory structure(s) shall be mitigated for nearby viewers through landscaping or other screening materials in order to maintain visual aesthetics for those who must view the site on a regular basis including, but not limited to, proximate residents and the traveling public. The following landscaping and buffering requirements shall be required around the perimeter of the tower site and accessory structures:

a)

A minimum of a type "C" vegetative buffer shall be required. Solid wall or fence not required.

b)

All landscaping shall be xeriscape tolerant and shall be properly maintained by the tower owner/operator to ensure good health and viability.

c)

The use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute or supplement towards meeting landscaping requirements.

10)

Antennas on buildings or other structures. Any rooftop or building mounted antennas that are not attached to a tower or alternative tower structure, shall be a permitted accessory use to any commercial, industrial, government, office, utility, and recreation buildings, and land as shown in Table 1 and provided that:

a)

Roof top antennas shall only be permitted on building which are at least fifty (50) feet in height (the height requirement may be waived if public safety needs warrant the antenna);

b)

Antennas proposed to be attached to the sides of buildings or areas other than a rooftop (such as micro cell antennas) may be placed below fifty (50) feet in height if properly screened or camouflaged to blend with the existing structure;

c)

Antenna may not extend more than twenty (20) feet above the highest point of a roof;

d)

Antennas and related equipment buildings shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which is situated or shall be of alternative tower structure design;

e)

No commercial advertising shall be allowed on an antenna or supporting structure;

f)

No signals, lights, or illumination shall be permitted on rooftop antennas, buildings mounted antennas, or equipment buildings unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA); and

g)

A certified statement from a professional engineer or architect shall be submitted which attests to load bearing capacity need to support the additional weight of any rooftop antenna and/or rooftop equipment rooms or cabinets.

11)

Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower unless repairs to the tower are being made and are in progress.

g.

Site plan. A scaled site plan(s) is required and shall be submitted for approval as defined in this Code. Any company or entity that intends to install a tower or alternative tower structure in the city shall file a site plan with the Department of Development Services. The submitted site plan(s) shall be reviewed by the DPRC and shall include, but not be limited to, in addition to requirements specified in other sections of this Code, the following:

1)

Elevation drawings of the proposed tower or alternative tower structure, other structures, type of construction, and whether construction will accommodate collocation of additional antennas for future users;

2)

Separation distances from nearest platted and unplatted residential properties and existing and/or proposed towers that are permitted by the City of Inverness or Citrus County, and all setbacks from adjacent properties and rights-of-way, and minimum separation distances as required;

3)

Landscaping and buffering plan showing specific landscaping materials and method to maintain landscaping;

4)

Location and type of fencing to be used;

5)

Finished color, camouflaging, and illumination;

6)

Description of compliance with all applicable federal, state, and local laws and requirements of the FCC and FAA;

7)

On-site land uses and zoning designation(s) including adjacent properties;

8)

Legal descriptions;

9)

Identification of the entities providing the backhaul network for the tower(s); and

10)

A description of the suitability of the use of existing towers and other structures located within the required search radius as specified in subsection k.1).

11)

The applicant will provide a map of the proposed coverage area and a propagation study for the proposed telecommunications tower or alternative tower structure.

h.

Multiple tower/antenna plan. The City of Inverness encourages the users of tower and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process and subsequent reviews.

i.

Communications transmission/reception interference. Each application to allow construction or modification of a telecommunications tower and antenna shall include a certified statement from a qualified, registered, professional engineer, licensed in the State of Florida, attesting that the construction of the tower, including receiving and transmitting functions, shall not interfere with public safety communications and the usual and customary transmission or reception of radio and television.

j.

Prohibition of location. Volatile or explosive materials such as LP gas, propane, gasoline, natural gas and corrosive or dangerous chemicals are prohibited from being stored within the certified fall or collapse area of the tower. Fuel used for normal operation of telecommunication equipment shall be excluded from this requirement.

k.

Collocation of communication antennas. To minimize adverse visual impacts associated with the proliferation and clustering of telecommunications towers, collocation of communications antennas by more than one carrier on existing or new telecommunication towers shall take precedent over the construction of new single-use telecommunications tower as follows:

1)

Collocation and search radius. Proposed telecommunications shall collocate onto existing telecommunications towers and alternative tower structures designed for collocation use (see subsection f.1)c)). A proposal for a new telecommunications tower or alternative tower structure shall not be approved unless the applicant can demonstrate that the equipment and antenna(s) cannot be accommodated on an existing or approved telecommunications tower or building within a one-half mile search radius for towers greater than one hundred fifty (150) feet in height (one-quarter mile search radius for towers under one hundred fifty (150) feet in height) of the proposed tower. Findings shall be established demonstrating that collocation is not feasible as defined herein.

2)

Type of construction. All new telecommunications towers, alternative tower structures, and antennas, or those replacing existing structures to accommodate the collocation of an additional communications antenna, shall meet the requirements of this section of this Code.

3)

Modification of height.

a)

Nonconforming or Existing Towers. Installing an antenna on an existing or nonconforming tower of any height requires review and approval by the DPRC of any placement or addition of antenna support buildings, so long as the addition of height shall not add more than twenty (20) feet to the height of the existing tower. The additional antenna support buildings must meet all district requirements of the LDC.

b)

Electric Utility Structures. The single addition of no more than sixty (60) feet to the height of any existing or new electric utility structure that carries an electric line of 69 kv or greater shall be a permitted use in any district for the purpose of collocation as long as the proposed height does not exceed one hundred fifty (150) feet. For the purposes of this ordinance, any new or replacement electric utility structure, which supports an antennas array, shall not be more than sixty (60) feet higher than any existing power support structures in the immediate transmission line area unless otherwise permitted by the district in which it is located.

4)

Onsite-location.

a)

A telecommunications tower which is being rebuilt to accommodate the collocation of an additional communications antenna may be moved onsite if it can meet all applicable requirements of this Code.

b)

After a telecommunication tower is rebuilt to accommodate collocation, only one tower shall remain on the site.

5)

Requirement of collocation. In order to encourage further collocation, new telecommunications tower applicants are encouraged to contact all other users declaring their sharing capabilities and/or siting needs. If collocation is not available, an applicant must demonstrate the reasons.

l.

Replacement. The owner of an existing telecommunications tower may replace an existing tower for purposes of accommodating collocation provided that:

1.

The applicant demonstrates compliance with the provisions of Citrus County Land Development Section 4672, the provisions of all Citrus County Aviation Zoning Maps and Plans, and the provisions of Inverness Land Development Code Section 2.5(D)(15).

2.

The replacement tower does not exceed the height of the existing tower by more than thirty (30) feet. Such increase in height when replacing an existing tower may only be utilized once during the life of a tower. Any other increase in height is required to be permitted pursuant to the provisions for a special exception use.

3.

The replacement tower is located within the same lot as the existing tower and is located so as to maximize compliance with existing setbacks and land use designations.

4.

The existing tower is removed within ninety (90) days of the date of completion of the replacement tower and relocation of the antenna.

5.

If the location of the replacement tower is such that the existing tower must be removed before the replacement tower is constructed, any temporary portable antenna support facilities used must be removed within thirty (30) days of the completion of the replacement tower and the relocation of the antenna.

m.

Abandonment.

1)

In the event the use of any tower, alternative tower structure, and antenna has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Department of Development Services who shall have the right to request documentation and/or affidavits from the tower owner/operator regarding the issue of tower usage. The tower owner/operator shall provide all requested information within thirty (30) working days of a request being made, and failure to so provide shall be deemed to constitute one hundred eighty (180) days of non-use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90) days within which to remove the tower. If there are two (2) or more users of a tower, then abandonment shall not become effective until all users cease using the tower.

2)

The owner shall dismantle the tower at the owner's expense clearing the site of all appurtenances and returning it to its natural state or it shall be removed in accordance with subsection m.3).

3)

The City Council hereby determines that, in order to protect public health, safety, and welfare, sufficient evidence of financial responsibility for dismantling and removal of abandoned towers, alternative tower structures, antennas, and equipment must be established as follows:

a)

Prior to permit issuance, the owner/operator of a tower or alternative tower structure submit one of the following financial assurances to the city:

(1)

Irrevocable letter of credit; or

(2)

A bond; or

(3)

Cash deposit.

These financial assurances shall be used to cover one hundred fifteen (115) percent of an engineer's certified cost estimate for dismantling and removal of a telecommunications tower or alternative tower structure based upon standard engineering practices for removal of such structures. The city shall be entitled to use the funds deposited into such accounts for the necessary removal of said telecommunications tower or alternative tower structure until said tower is satisfactorily removed by owner at which time the referenced funds shall be released.

b)

All bonds, irrevocable letters of credit, and cash deposits shall be accepted by the City Clerk's Office with a written confirmation by a professional engineer of the cost estimate. No construction permit for a tower or alternative tower structure shall be issued until this action is completed. Evidence of financial responsibility by existing and future owners/operators shall be kept in force at all times during the period of operation of the tower and/or antennas.

4)

Upon transfer of ownership or operation, the permittee shall notify the City of Inverness Department of Development Services in writing of the new owner(s) and their mailing address(es). It shall be the responsibility of the new owner and/or operator to submit a transfer of ownership application within thirty (30) days of this notification.

n.

Federal requirements and certification of compliance with Federal Communications Commission (FCC) NIER Standards. Prior to receiving final inspection by the Department of Development Services, documented certification shall be submitted to the FCC, with copy of the Department of Development Services, certifying that the telecommunications facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).

16.

Community or club buildings to add special exception use standards.

a.

There shall be a minimum lot area of one (1) acre where all activities are conducted inside a building such as a Woman's Club and a minimum lot area of two (2) acres where activities are conducted outside a building such as a Boys and Girls Club.

b.

A minimum building setback of thirty (30) feet shall be maintained from all property lines.

c.

The use shall be buffered by a permanent opaque fence six (6) feet in height as per section 2.6.E. where an outside active abuts a residential area.

d.

There shall be direct access to a collector road as shown on the Official Functional Classification of Roads Map.

e.

One (1) parking space shall be provided for each two hundred (200) square feet of gross floor area.

f.

One (1) freestanding or wall sign, not exceeding sixteen (16) square feet, may be erected with the required permit.

g.

A fenced outdoor play area for the children when provided shall be limited to use between 8:00 a.m. and 6:00 p.m., if the fenced play area is within one hundred (100) feet of a residential zoning district.

h.

Uses shall be located such that traffic generated by the community or club building will not negatively impact the affected transportation network or surrounding land uses.

i.

Any night lighting shall be so directed or hooded to prevent any direct offsite glare.

17.

Private passive park.

a.

The minimum lot area of a site to be developed as a Private Passive Park shall be ten (10) acres.

b.

Buildings shall be located no closer than one hundred fifty (150) feet from any adjacent residentially committed area.

c.

The project site must be located on a major collector or arterial roadway.

d.

The project site area must be fenced with a six (6) foot fence for security purposes.

e.

Adequate landscape or natural buffers shall be provided along the project perimeter.

f.

Parking lot areas shall be adequately landscaped.

18.

Gasoline stations with five (5) or more fuel stations.

a.

Gas stations with five (5) or more fuel stations must comply with requirements in section 2.6.II. and the following standards as provided herein.

b.

Traffic study. Gas stations, applying for a special exception must provide a traffic study as outlined in section 2.15.B, traffic circulation. The special exception process will evaluate the number of gasoline pumps requested to the total trips impacting roadways. The evaluation should provide an analysis that provides a table of AM peak hour, PM peak hour, and daily average rate for eight (8) gas pumps as the base evaluation and provide data that shows, the increased increment of trips from eight (8) gas pumps to sixteen (16) gas pumps, twenty-four (24) gas pumps, and continue with a range of eight (8) gas pumps.

c.

Pedestrian standards. A clearly identified pedestrian route, distinguished by varied paving treatments, shall be provided between the fueling pumps and the primary pedestrian entrance(s) to the building(s).

d.

Gas canopies design must be consistent with the design of the primary building. The size, mass, shape, and architecture shall ensure that the proposed canopy is a subordinate structure to the principal building on the site. The canopy will be considered a subordinate structure if it meets one or more of the following designs:

1)

The canopy is located behind the principal building;

2)

The canopy is physically connected to the principal building and includes a covered pedestrian walkway;

3)

The length of the canopy is less than the length of the principal building; or

4)

The height of the canopy is less than the average height of the principal building.

e.

Canopy Length. The maximum length of a canopy is one hundred twenty (120) feet.

f.

Landscape requirements. Gas stations must meet the requirements of section 2.8 together with the following additional requirements:

1)

Arterials and collectors. A twenty-foot wide landscape strip shall be provided that includes:

a)

Trees as provided in section 2.8.

b)

Hedges are required along areas adjacent to any street and shall be provided as part of the overall buffer requirements that include trees every twenty-five (25) lineal feet.

g.

Neighborhood compatibility standards. The following standards apply when a gas station is located adjacent to lands designated or existing for single-family detached or two-family (duplex dwelling) residential.

1)

Site features.

a)

Loading, service, and refuse collection areas. Loading, service, and refuse collection areas shall be:

i.

Screened from view of protected development. using materials that are the same as, or of equal quality to, the materials used for the principal building; or

ii.

Incorporated into the overall design of the site so that the visual and acoustic impacts of these functions are fully contained within an enclosure or otherwise out of view from adjacent properties and public streets.

2)

Exterior lighting. Exterior lighting shall:

a)

Have a maximum height of fifteen (15) feet if within one hundred (100) feet of the lot line of a protected development; and

b)

Be configured so that the source of illumination is not visible from a public street right-of-way or an adjacent protected development.

3)

Signage.

a)

Signage shall be located a minimum of one hundred (100) feet from lot lines shared with a protected development.

b)

The maximum sign copy area for signs shall be reduced by twenty-five (25) percent within one hundred (100) feet of lot lines shared with a protected development.

c)

Directional signs are the only signs that may face protected development.

4)

Perimeter fence or wall. Where a development subject to these standards abuts a protected development, an opaque fence six (6) feet high shall be provided along the shared boundary to screen the development. The wall shall be of a decorative "split face" concrete masonry, "Norman"' brick or standard concrete masonry clad with painted stucco or other masonry veneer. The wall shall include a continuous cap and end column features. The wall shall be placed a minimum of six (6) inches from the adjoining property line. In addition, all active "yard and shop" spaces with open work areas or other supply areas shall be treated with a similar six-foot masonry wall.

5)

Landscape buffer. Where a development subject to these standards abuts a protected development, a landscape buffer shall be provided. A buffer shall mean a continuous hedge of dense shrubbery which shall attain a height of at least six (6) feet within eighteen (18) months of the time of planting, plus one (1) tree per every twenty (20) lineal feet of property, or portion thereof. Such required hedge shall not be less than four (4) feet in height, and not exceed a maximum of two (2) feet in distance between shrubs at the time of planting. A minimum ten-foot buffer shall be measured and provided parallel to adjacent property line.

6)

Operational standards. Development shall:

a)

Limit trash collection, deliveries, loading or other service functions to only between the hours of 7:00 a.m. and 7:00 p.m.; and

b)

Prohibit amplified music, singing, or other forms of noise audible at lot lines shared with protected development after 10:00 p.m. Sunday through Thursday nights, and 12:00 p.m. Friday and Saturday nights.

(Ord. No. 98-567, § 1, 3-3-98; Ord. No. 2001-599, § 2, 2-6-01; Ord. No. 2005-626, § 3, 6-7-05; Ord. No. 2007-652, §§ 1, 2, 10-16-07; Ord. No. 2020-752, § 2(Att. A), 8-4-20)