Inverness City Zoning Code

Sec. 2.6

Application of Regulations and Requirements for Specific Uses.

Application of Regulations. Except as hereinunder otherwise provided:

No building or structure shall be designed or erected, nor shall any existing building or structure be moved, altered, expanded or enlarged, nor shall any building, structure or land be used or intended to be used for any purpose or in any manner other than as is permitted in the district in which such building, structure or land is located.

No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building or structure is located.

No building or structure shall be erected nor shall any existing building or structure be altered, expanded, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the lot, yard and bulk regulations hereinafter designated for the district in which it is located.

No yard or other open area provided around any building or structure for the purpose of complying with the provisions of this Code shall be considered as providing a yard or open space for any other building or structure on the same lot, and no yard or open space on one (1) lot shall be considered as providing a yard or open space for a building or structure on any other lot.

Neither building coverage nor total coverage shall exceed the percent of coverage permitted in the district where such development is located.

Any use not specifically permitted in a zoning district by this Code is hereby specifically prohibited.

Appearance of Buildings. In all residential districts, the following aesthetic design standards shall be required for principal structures:

The minimum roof pitch, exclusive of porches or patios, shall be five (5) on twelve (12).

Minimum roof overhang, exclusive of porches or patios, shall be two (2) feet.

Piers (where required) and exterior wall (areas below finished floors), exclusive of porches or patios on grad, shall be painted struck block, stucco finish, or sided to match residence. No exposed concrete, painted, unstuck block or exposed stacked block is allowed.

Accessory Building and Structures. Accessory buildings shall comply to the following regulations:

An accessory building or structure attached to the principal building shall comply with the yard requirements of the principal building.

No detached building or structure, except fences, shall be located:

In any part of the front yard.

One (1) accessory structure may be located in the side yard behind the front yard setback created by the existing primary structure. Such accessory structure shall have the same setback requirements as the principle structure and shall be screened on the front and side by a six-foot wood privacy fence or masonry wall.

Closer to a side lot line than one-half (0.5) the minimum requirement for the principal building on the same lot.

Closer to the rear lot line than five (5) feet.

In a residential district no accessory buildings or structures shall exceed fifteen (15) feet in height nor occupy more than thirty (30) percent of the rear yard. Where accessory structures are located within the setbacks required for principal structures, the height requirements shall be the same as for principal structures.

No more than three (3) accessory buildings shall be erected on any residential lot.

(Ord. No. 95-525, § 1, 1-3-95; Ord. No. 99-585, § 1, 12-7-99; Ord. No. 2000-597, § 2, 11-21-00; Ord. No. 2001-599, § 3, 2-6-01)

Swimming Pools. No swimming pool shall be built, erected or maintained unless it is fully enclosed by a fence or wall four (4) feet in height or by a screen enclosure. Gates or doors for access to said pool shall be self closing and self latching. The ladder or access to an above ground pool shall be retracted or removed at all times the pool is not under the supervision of an adult or it shall be fenced in a similar manner to an inground pool.

* An attached swimming pool screened enclosure can be within fifteen (15) feet of the rear property line.

Fences and Walls. In a residential district no fence or wall shall exceed four (4) feet in height if located within the front setback or six (6) feet in height if located to the rear of the front setback. In nonresidential districts no fence or wall shall exceed eight (8) feet in height. Barbed wire fences or fences or walls with sharp or cutting edges or surfaces are prohibited in all residential districts.

Corner Lots. The lot line opposite and most distant from the front lot line will be the rear lot line. On a corner lot all yards fronting on a street shall comply with a minimum twenty (20) foot setback except in RS which must conform to the setback in that district. The minimum side setbacks on corner lots shall be five (5) feet and the minimum rear setback shall be twenty (20) feet. However, in the Central Business District there shall be no minimum side setback and in the Commercial District the minimum side setback shall be fifteen (15) feet.

At all street intersections, no obstruction to vision shall be within a triangle formed by the point of the intersection and two (2) points, thirty (30) feet from the point of intersection along both property lines.

Irregular Lots. The front lot line width of an irregular shaped lot shall not be less than one-half (0.5) the required lot width.

Use of Right-of-Way. In all districts right-of-way use shall be restricted as follows:

Display or storage of vehicles for sale or lease is prohibited.

Repair of vehicles or storage of vehicles for repair is prohibited.

Display or sale of merchandise is prohibited.

Driveway aprons shall be paved and culverts shall be required where necessary for drainage.

Nor shall any right-of-way be blocked, obstructed or used for any purpose without written approval of the City.

(Ord. No. 98-573, § 1, 10-6-98; Ord. No. 99-585, § 1, 12-7-99; Ord. No. 2000-594, § 1, 7-11-00; Ord. No. 2000-597, § 2, 11-21-00)

Averaging Yard Setbacks. Yard setbacks may be adjusted for the purpose of uniformity of setbacks from the street as follows:

Yard setbacks may be decreased down to ten (10) feet for proposed structures where the existing structures within two hundred (200) feet on either side of the proposed structures are set back less than the required setback for the district.

For the purpose of computing these adjustments, an average of the yard setbacks shall be used for the structures within two hundred (200) feet on either side of the proposed structure and vacant lots within this specified distance shall be considered as having the required setback for the district.

(Ord. No. 93-489, § 1, 11-16-93)

Bulkheads, Seawalls, Docks and Similar Uses.

No bulkhead, seawall or retaining wall shall be built beyond the limits of the bulkhead line as established under applicable federal, state or local law. Such established bulkhead line shall serve as the zoning district boundary. Any revision, alteration or deletion of an established bulkhead line shall automatically alter and re-establish the zoning district boundary to coincide with the revised bulkhead line.

The regulations of boat docks, piers, wharfs, floating docks and mooring poles or piers of any nature shall be in conformance with any applicable federal, state or local laws or ordinances.

Unenclosed Uses.

Any unenclosed use which may be required either by this Code, the Zoning Board of Adjustment or the Planning and Zoning Commission to be screened, enclosed or landscaped shall provide and maintain sufficient fencing, screening or landscaping so as to obscure such use from the view of abutting properties and the public right-of-way. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

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

All fencing, screening or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered a violation of this Code.

Home or Professional Occupations. Where permitted, home or professional occupations shall comply with the following conditions:

No more than one (1) person, other than the owner(s) or occupant(s) may be employed or participate in a home or professional occupation.

Not more than thirty (30) percent of the living area may be used for a home or professional occupation.

No sign or other evidence of the existence of a home or professional occupation shall be displayed other than a nonilluminated, flat window sign, not more than one hundred forty-four (144) square inches in size.

At least three (3) off-street parking spaces shall be provided for any home or professional occupation. These spaces are in addition to the two (2) spaces required of all residential dwelling units.

No machinery or other electrical equipment shall be used by any home or professional occupation that will cause interference with the radio or television reception of the surrounding property owners.

No more than one of the following uses may be permitted as a home or professional occupation in a single-family dwelling:

Medical or dental office, excluding a veterinary office.

Professional offices such as an engineer, architect or a certified public accountant.

Art or music instructor.

Custom dressmaking, seamstress, milliner, home baking or handicrafts.

Tutoring for not more than three (3) students at one time.

Mail order, for ordering purposes only. No retailing or wholesale storage areas.

Multi-Family Development. In addition to those regulations established in section 2.4 and elsewhere in this Code, multi-family developments shall comply with the following conditions:

Densities in multi-family developments connected to either municipal sewer or municipal water shall not exceed ten (10) units per acre.

Densities in multi-family developments not connected to either municipal sewer or municipal water shall not exceed six (6) units per acre.

Adequate provisions shall be made for light, air, access and privacy in the arrangement of the buildings.

No parking area or parking space shall be located within five (5) feet of a front lot line or three (3) feet of a side or rear lot line.

The total impervious coverage of the site shall not exceed seventy-five (75) percent.

Parking spaces may be reduced to nine (9) feet by twenty (20) feet, one hundred eighty (180) square feet except for handicapped spaces which must meet the Florida Statutes.

Outdoor clothes lines shall be screened.

Veterinary clinics.

No animal shall be kept on the premises overnight except in case of continuing treatment or an emergency. The primary purpose of a veterinary clinic is for the care and treatment of domestic animals and not for keeping or boarding animals (may include dog grooming).

All animals shall be kept in an enclosed building at all times. There shall be no outdoor runs or pens.

Four (4) off-street parking spaces shall be provided with one (1) additional off-street parking space for each treatment or examination room.

Dependent Dwelling Units.

A dependent dwelling unit shall have a minimum living area of four hundred fifty (450) square feet and a maximum living area of six hundred (600) square feet or twenty (20) percent of the original living area or whichever is greater.

The living area of a dependent dwelling unit shall be in addition to and not part of the a minimum floor area required of the principal dwelling.

A dependent dwelling unit shall not be serviced by separate utilities such as electric, sewer, water or gas.

There shall be no exterior front entrance to a dependent dwelling unit.

The addition of a dependent dwelling unit shall in no way detract from the single-family residential character of the property or the neighborhood.

One (1) additional off-street parking space shall be provided.

A dependent dwelling unit shall be designed and laid out so that the unit may readily be incorporated into and made part of the principal dwelling.

As a condition of such approval, a restrictive covenant shall be filed upon the land records of Citrus County; which covenant shall state the conditions under which said approval was granted, together with a statement that under no circumstances shall any dependent dwelling unit be offered as a rental unit or occupied by other than dependent relatives.

Group Home Facility.

No lot on which a group home facility is located shall be below the minimum lot area, lot width or lot depth requirements of the district in which it is located nor shall the dwelling in which a group home facility is located be below the minimum living area requirement of the district in which it is located.

A minimum of two hundred (200) square feet of living area shall be provided for each occupant of a group home facility, including any live-in staff members.

Prior to the occupancy of a group home facility, the premises shall be inspected and approved by the Building Official, Fire Marshal and the Health Department.

Smoke alarms shall be installed in all group home facilities, the number and location of the smoke alarms shall be determined by the building official with recommendations from the Fire Marshal.

One (1) off-street parking space shall be provided for each three hundred (300) square feet of living area.

Stripping of Top Soil. No person, firm or corporation shall strip, excavate or otherwise remove top soil, dirt or gravel for sale, or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

Outdoor Commercial Amusements.

A minimum of twenty thousand (20,000) square feet of lot area shall be required to establish an outdoor amusement.

A minimum lot width of one hundred twenty (120) feet and a minimum lot depth of one hundred fifty (150) feet shall be required to establish an outdoor amusement.

No outdoor amusement shall be located within twenty-five (25) feet of a side or rear property line or within forth (40) feet of a front property line. No building shall be located within forty (40) feet of any property line.

All outdoor amusement facilities and off-street parking areas shall be screened from abutting residential districts with a planting of trees and shrubs at least six (6) feet in height. All other yards shall be attractively planted and landscaped (Refer to buffering requirements, section 2.8.L.3).

All lighting shall be screened, shielded or directed so as not to cause glare or annoyance beyond the property lines. No moving or flashing lights shall be permitted.

No public address system, loudspeakers or other noisemaking devices shall be audible beyond the property lines.

No driveway of an outdoor amusement facility shall be within three hundred (300) feet of the driveway, entrance or exit of a public or private school, public library, church, hospital, nursing home or other similar public or private use.

Non-compatible uses will require greater setbacks as determined by the Development Review Committee.

General Performance Standards. The following performance standards shall apply to all districts:

Noise. Loud and raucous noise prohibited—General. It shall be unlawful for any person to willfully make, continue, or cause to be made or continued, any loud and raucous noise, which term shall mean any sound which, because of the volume level, duration, and nature, annoys, disturbs, injures, or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the city. The term shall be limited to loud and raucous noise, from any location not less than 50 feet from the source of any noise, measured in a straight line from the radio, loudspeaker, motor, horn or other noise source.

Specific acts prohibited. The following acts are declared to be unlawful and are prohibited:

The sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise, except when sounded as a danger warning.

The use or operation of any radio, amplifier, television, phonograph, tape or compact disc player, or other device for the production or reproduction of sound in such a manner as to cause loud and raucous noise.

Yelling, shouting, playing a musical instrument, or singing as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m. in all zoning districts except C - Commercial and Commercial Business District (CBD). The C-Commercial and Central Business District (CBD) zoning districts restricted hours are 11:00 p.m. to 7:00 a.m.

The operation between the hours of 9:00 p.m. and 7:00 a.m. of any construction equipment or appliance, the use of which is attended by loud and raucous noise, except in cases of urgent necessity, the restoration of interrupted public utilities, or where a permit or written agreement authorizing such operation has been issued or is in effect.

Exempted noises. The term "loud and raucous noise" shall not include noise generated by the following, and the following shall be exempt from this ordinance:

(1)

Air conditioners, when functioning with the manufacturer's standard mufflers and noise-reducing equipment in use and when functioning in proper operating condition according to the manufacturer's standards. The same exemption shall apply to lawn mowers and agricultural equipment used during daylight hours.

(2)

Noises resulting from activities or sports events planned by schools, churches, community groups and governmental entities.

(3)

Construction operations for which building permits have been issued or where a written agreement is in effect with the City authorizing such activity.

(4)

Fire alarms and burglar alarms.

(5)

Parades, fireworks displays, and other special events for which a permit has been obtained, within such hours as may be imposed as a condition for the issuance of the permit.

(6)

Noises made by persons having obtained a special event permit to use the City streets or sidewalks.

(7)

Noises made by persons having obtained a permit to use a City park.

(8)

All noise coming from the normal operation of aircraft (not including model aircraft).

(9)

All noise coming from the normal operation of marine vessels.

(10)

Construction, installation or repair by any utility which services the general public.

(Ord. No. 2007-645, § 1, 2-20-07; Ord. No. 2010-672, § 1, 4-6-10)

Vibration. No use shall create vibration which is discernible beyond the property line.

Radioactivity. No use shall be permitted which causes radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection against Radiation", dated June 15, 1957, or any subsequent revision or amendment thereto.

Toxic or noxious matter. No toxic or noxious matter shall be emitted from any use in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare or cause damage to any property or business. The concentration of toxic or noxious matter shall not exceed at any point on or beyond any lot line, one-tenth ( 1/10 ) of the maximum allowable concentration set forth in section 12-20 of * ICR12 measured with the Atmospheric Dust Impinger (ADI).

* Industrial Cost Rule No. 12 adopted by the Board of Standards and Appeals of the New York State Department of Labor.

Dust, fumes, smoke or odor. Except for residential fireplaces, no dust, smoke, fumes or objectionable odor shall be emitted from any building or property so as to be objectionable or a nuisance to adjacent properties. Air pollution emissions shall be tested and results reported in accordance with techniques and methods adopted by the Florida Department of Environmental Regulations and submitted to the state. These tests shall be carried out under supervision of the state and at the expense of the person responsible for the source of pollution.

Light or glare. No light or glare from lighting shall shine beyond property lines so as to be objectionable to surrounding property owners or hazardous to traffic. Flashing, revolving, moving or intermittent lighting is prohibited in all districts except on holiday displays.

Water retention. All uses, shall provide for on-site water retention for at least the first one (1) inch of rainfall. The location of and the construction details of the water retention facilities shall be submitted to all governmental agencies as required and approved by the Building and Zoning Official prior to the issuance of a building permit.

Hours of operation. No development activity including construction shall commence before 7:00 a.m. or after 10:00 p.m. except when approved in writing by the City Manager or his designee because of special circumstances. Unapproved activities before or after the specified times would be considered a nuisance to the adjacent property owners and would constitute a violation of this Code.

Garage Sales.

No garage sale, lawn sale or similar type of sale shall be conducted without first obtaining a zoning permit. The zoning permit shall specify the sale location, the day or days on which the sale will be held and the name of the person or organization conducting the sale. The zoning permit shall be conspicuously posted during the sale.

No garage sale, lawn sale or similar type of sale shall exceed three (3) consecutive days.

No more than three (3) such sales a year shall be held on any lot or by any one (1) individual or organization.

No such sale shall be conducted before 8:00 a.m. or after 5:00 p.m.

Commercial Vehicles. No commercial vehicle exceeding one (1) ton rated capacity shall be parked, stored or maintained on any premises in a residential district other than in an enclosed building, nor shall such commercial vehicle be parked, stored or maintained overnight on any street or right-of-way in a residential district. In any other district, no commercial vehicle exceeding one (1) ton rated capacity shall be used for storage exceeding thirty (30) days in any twelve-month period.

(Ord. No. 98-573, § 1, 10-6-98; Ord. No. 2000-597, § 2, 11-21-00)

Farm Animals and Fowl. No farm animals or fowl such as cattle, hogs, sheep, goats, horses, rabbits, turkeys, ducks, geese or any other animal or fowl not customarily considered a domestic household pet shall be kept or maintained on any lot in a residential district.

( Ord. No. 2022-796 , § 2(Exh. A), 12-6-22)

Church, House of Worship.

New facility (constructed after October 30, 1990):

There shall be a minimum lot area of three (3) acres for residential districts RS, R1, R2, R3, and R4.

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

A columbarium associated with a house of worship shall be no closer than one hundred (100) feet to a property line.

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

Refer to off-street parking requirements, section 2.7.

Existing facility (established prior to October 30, 1990):

There shall be no minimum lot area.

Setback requirements will adhere to for each zoning district where a present facility exists.

Night lighting shall be directed and hooded so as to prevent any offsite glare.

Refer to off-street parking requirements, section 2.7.

All other provisions of this Code shall apply.

(Ord. No. 96-535, § 1, 2-20-96)

Minimum Floor Area—Commercial and Industrial Districts.

No use shall be permitted in a commercial or industrial district that does not comply with the minimum floor area requirement set forth in section 2.4 unless approved by the Zoning Board of Adjustment.

The minimum floor area requirement set forth in section 2.4 is for a single use. Each additional use established shall have a minimum floor area of one-half (½) the required floor area or five hundred (500) square feet, whichever is larger.

Street Addresses. The street numbers, assigned by the building department, shall be affixed to the front of the building and may be required on the mailbox so as to be visible from the street prior to the issuance of a certificate of occupancy. The numbers shall be a minimum of three (3) inches in height.

(Ord. No. 98-573, § 1, 10-6-98)

Public Libraries.

A minimum of five (5) acres shall be required for a public library.

The total lot coverage shall not exceed forty-five (45) percent of the lot.

One (1) parking space shall be provided for each three hundred (300) square feet of gross floor area.

No parking shall be located within twenty-five (25) feet of any property line.

The property shall be landscaped as set forth in section 2.8 of this Code.

AA.

Adult Day Care Centers.

The facility shall be open at least five (5) days a week for a minimum of five (5) hours each day but no more than twelve (12) hours each day.

There shall be a minimum of thirty (30) square feet of useable floor area per adult in care. Hallways, stairs, closets, bathrooms and kitchen shall not be calculated as part of the useable floor area.

A paved circular driveway twenty (20) feet in width with a minimum inside radius of twenty (20) feet or a back-up area shall be provided.

The facility shall be located so that traffic generated will not negatively impact the surrounding road network or surrounding land uses.

For centers designed to accommodate more than twenty (20) adults, all principal buildings shall be no closer than thirty (30) feet from any property line or shall meet the yard requirements of the district, whichever is greater.

The maximum capacity shall not exceed fifty (50) adults per acre.

The design, intensity and scale of the adult care center shall be compatible with the surrounding land uses and zoning.

All requirements of Florida Administrative Code (FAC) 10A-6 shall be met.

BB.

Funeral Homes.

No more than one (1) funeral home shall be permitted within a one thousand (1,000) foot radius.

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

Where abutting residentially committed areas, the property shall be buffered.

All delivery areas shall be so located or screened to obscure it from view.

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

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

No crematoria are permitted within one hundred (100) feet of any residentially committed areas (permitted by special exception only.)

CC.

Government Use.

There shall be a minimum lot area of one (1) acre, but in no case shall the lot size be less than that required by the zone in which the property is located.

The following minimum setbacks from property lines shall be observed:

Front setback: 25 feet

Side setbacks: 20 feet

Rear setback: 20 feet

No parking shall be permitted in the required front yard and shall be at least ten (10) feet from any other property line. The parking area shall be paved and meet all requirements of section 2.7.

The parcel shall have direct access to a collector or arterial roadway as shown on the Official Functional Classification of Roads Map.

A landscaped screening buffer shall be established within the side and rear setbacks when the lot abuts a residentially committed property.

DD.

Child Day Care Center. The following specific standards shall be used in deciding an application for approval of child day care centers:

Required patron parking shall be adjacent to the facility and clearly designated by raised directional signage and pavement of wheel stop markings. Each parking space shall be fronted with wheel stops set two (2) feet from a continuous five-foot wide sidewalk leading to the building entrance, or a raised curb and a continuous seven-foot wide sidewalk leading to the building entrance.

If a circular driveway is provided for pick-up/drop-off of children, the following shall be required in addition to paragraph 1, above: a paved circular driveway, twelve (12) feet in width with a minimum inside turning radius of twenty (20) feet for one-way traffic, and an area a minimum of fifteen (15) feet from the designated discharge point where the children are picked up or dropped off, into which cars shall not park or back. If fire regulations require the designation of a fire lane or if two-way traffic is approved, then the width of the circular driveway shall be at least twenty (20) feet.

Employee and van parking shall be designated by raised directional signage and pavement or wheel stop markings.

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

A fenced outdoor play area for the children shall be provided. The use of the play yard shall be limited to 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.

Uses shall be located such that traffic generated by the child day care center will not negatively impact the affected transportation network or surrounding land uses.

For uses designed to accommodate more than thirty (30) children, all principle buildings shall be located no closer than thirty (30) feet from any zoning lot boundary or the yard requirements of the district, whichever is greater.

Reserved.

Child day care centers shall, as a usual practice, be located:

So that it forms part of a group of community service uses such as churches, school, parks, etc.; or

At the edges of commercial, industrial or office developments where they will form a transition between these uses and surrounding residential uses; or

Within a residential area and shall be of a design, intensity and scale to serve the surrounding neighborhood and to be compatible with the surrounding land uses and zoning.

10.

The Development and Plan Review Committee may approve alternative parking standards for centers with thirty (30) children or less where an applicant can sufficiently demonstrate that a particular situation is unusual, unique or poses practical difficulty, and upon submission of adequate justification. Alternatives may include use of mulch or other acceptable material for parking and drives and drop-off points at the street.

(Ord. No. 94-502, § 2, 2-1-94; Ord. No. 95-524, § 1, 1-3-95)

EE.

Open Storage of Inoperable, Unlicensed Vehicles or Vehicles Under Repair.

No inoperable or unlicensed vehicle shall be openly stored in a residential district for more than sixty (60) days. For purposes of this Code, an inoperable motor vehicle shall be defined as a motor vehicle that is unable to move under its own power, or does not have a current state license plate. These vehicles shall be deemed to be a public nuisance.

Antique or classic vehicles may be exempt from these provisions provided they are at least twenty (20) years old or identified as a classic vehicle by an established nationally recognized publication source and have been registered with the Department of Development Services. Registered vehicles may be openly stored for up to eighteen (18) months. Openly stored vehicles shall be covered for screening purposes with a minimum of a custom car cover which is recognized by a classic vehicle publication source.

No repair vehicle shall be openly stored or parked for more than sixty (60) days in a Commercial District or for more than one hundred twenty (120) days in an Industrial District. Repair vehicles may be stored or parked for up to six (6) months in the Industrial District if screened by a six-foot privacy fence. At no time shall more than twenty (20) vehicles be openly stored or parked for repairs except at authorized dealerships. The primary use of repair vehicles for salvaging of parts for sale or reuse is prohibited.

(Ord. No. 93-494, § 1, 12-7-93; Ord. No. 99-576, § 1, 2-2-99)

FF.

Bed and Breakfast Establishment. The following specific standards shall be used in deciding applications for approval of such uses.

To be considered for approval as a bed and breakfast establishment the building/dwelling unit shall be located in an R3, R4, RP, PDP, CBD or C districts or in an RS, R1 or R2 district and designated as a historical structure by the city, county, state or federal government.

The bed and breakfast establishment, for the purposes of calculating density, shall constitute one (1) dwelling unit. The facility shall be located on a lot large enough to meet the site development requirements for the zoning district in which it is located.

On-site parking shall be provided at a ratio of one (1) space per rental room plus two (2) per residential unit.

Signage shall be provided as required by Code.

Noise levels shall not exceed those associated with normal household uses.

Buffering and screening shall be provided as required by Code.

Bed and breakfast establishments in residential zoning districts shall be allowed no more than six (6) lodging overnight rooms.

All bed and breakfast establishments shall meet all applicable state and local regulations.

(Ord. No. 94-497, § 2, 1-18-94)

GG.

Circuses, Carnivals, and Festivals (Vendors). These uses shall be permitted by the Department of Development Services after review by the City Manager or his designee for special community functions if the following criteria are met:

The site shall be located, except for the CBD or activities in association with a church, school or nonprofit organization, on a main collector or arterial roadway as shown on the Official Functional Classifications of Roads Map of the City. Activities located on a local street may be approved by the City Manager or his designee if it is determined that such activity will not have an adverse effect on the surrounding residential areas.

These uses shall be permitted in the RP, PDP, CBD, C, I and GU Zoning Districts or as otherwise specified in this section.

A permit may be granted for up to seven (7) days which shall include the number of vendors whose permit will be the responsibility of the primary sponsor(s) of the event. Vendor permits shall be distributed by the sponsor(s) and shall be visibly posted with each vendor. Vendors in a number that exceeds the number authorized by the sponsors permit shall be cited and the sponsors shall be charged a fine in accordance with Section 1.8 of the City of Inverness Code of Ordinances.

Activities shall not be located in any right-of-way unless approved by the City Manager or his designee.

Parking shall be on-site if possible, or in close proximity to the proposed activity.

The location of activities on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.

Activities shall be limited between the hours of 7 a.m. and 11 p.m. excluding setup and break-down time unless specifically approved by the City Manager or his designee.

All trash and debris shall be removed daily and appropriate trash receptacles shall be provided.

Written consent from the owner, tenant, or authorized agent, of the property shall be provided at time of application.

10.

A recreational vehicle may be used for security or for temporary sales only, provided it has all applicable permits.

11.

Signage shall be in accordance with the sign regulations set forth in this Land Development Code excluding vendor signage attached to or within the vendor's approved area. In addition, temporary or portable sign(s) announcing or advertising the temporary event or function may be erected, on or off the site, fifteen (15) days before the special event and such sign shall be removed within twenty-four (24) hours after completion of the special event.

12.

Activities in association with a church, school or nonprofit organization, additionally, may be held in any residential district on property owned by them as long as the site of the booths, games, etc., are located as to not cause a disturbance to adjacent properties. Mechanical rides shall require a Special Exception Use permit.

13.

Activities may be held by organizations such as community civic groups on public property when not otherwise prohibited by law.

14.

Where a tent is used, a certification of approval by the Fire Marshal and Building Official shall be required.

15.

A minimum of two (2) portable toilets shall be required or more if determined to be necessary by the City Manager or his designee unless accommodations are available in close proximity and a letter from the owner or tenant has been provided granting approval of their use.

16.

Activities shall not intrude into any required yard setback area, and shall not reduce the number of parking spaces by more than twenty (20) percent unless approved by the City Manager or his designee.

17.

Items remaining after the event shall be removed from the premises no later than twenty-four (24) hours after the event.

18.

The sponsor(s) shall be responsible for ensuring that each vendor operates their activity in a manner that is in compliance with all local regulations and protects the safety of the general public with regard to such areas as fire protection, proper access, handicap requirements, electrical systems, etc.

(Effective January 1, 1995)

(Ord. No. 94-518, § 1, 10-4-94; Ord. No. 95-531, § 1, 10-17-95)

HH.

Canopies.

Definitions. The following words, terms and phrases, when used in the article, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning:

Canopy means a structure consisting of a wooden, plastic, or metal frame with a cover of cloth, rubber, or plastic fabric attached to the ground only by tie-downs.

Permanent canopy means a canopy permanently attached to the ground by means of concrete or buried structural members excluding tie-down stakes and complies with the most current Florida Building Code.

Semi-permanent canopy means a canopy that is not permanently fixed to the ground by means of concrete or buried structural members and is erected for more than seven (7) consecutive days.

Temporary canopy means a semi-permanent canopy erected for seven (7) days or less within any ninety-day period.

Placement.

(a)

Semi-permanent canopies. When placed in the front yard, semi-permanent canopies must meet all front and side yard setback requirements of the city zoning rules and regulations. When placed in the side or rear yard, the setback shall be one-half the setback requirement of permanent structures.

(b)

Permanent canopies. Permanent canopies must comply with the most current Florida Building Code and all setbacks requirements of the city zoning rules and regulations.

Building permits.

(a)

Temporary canopies. Temporary canopies do not need a building permit.

(b)

Semi-permanent canopies. A semi-permanent canopy requires zoning approval similar to a fence, pool, driveway, or other non-structural improvement. The property owner shall locate the property lines and place the canopy within the proper setbacks. The application for zoning approval shall include the size and height of the canopy, the location of the canopy within the property, and the details of the connection between the canopy and the ground or other surface. Semi-permanent canopies must not exceed twelve (12) feet in height and three hundred (300) feet in area. The property owner must temporarily remove the semi-permanent canopy within twenty-four (24) hours of issuance of a Tropical Storm Warning or Hurricane Warning for Citrus County as declared by the National Weather Service.

(c)

Permanent canopies. Permanent canopies require zoning approval and a building permit.

Miscellaneous.

(a)

Car covers or tarps with no rigid frame that are draped over vehicles, boat, or equipment are not canopies.

(b)

All canopies must be kept in good repair at all times.

(Ord. No. 2009-666, § 1, 12-1-09)

II.

Gasoline stations.

Location of pumps, stations, signs and structures. No main or accessory buildings, sign of any type, or gasoline pump or fuel station shall be located within twenty (20) feet of the lot line of any property that is residentially zoned. No gasoline pump shall be located within twenty (20) feet of any street or right-of-way.

Traffic circulation. In addition to the section 2.14, a gas station shall have:

No more than two (2) vehicular access points and no more than forty (40) feet wide.

The gas station shall be designed to ensure safe and adequate vehicle stacking, circulation, and turning movements.

Gas pump canopies shall comply with the following standards:

A canopy is allowed as accessory to a gas station subject to the following standards:

The form, pitch, materials, and architectural details used for the roof of a canopy covering a drive-through service facility shall be designed to appear as an extension of the roof covering the principal structure.

The canopy shall have a maximum clearance height of sixteen (16) feet, as measured from the finished grade to the underside of the canopy.

The design of the canopy, including any columns, shall match the design and exterior building materials of the principal building.

A canopy shall not be internally illuminated and any lighting on the canopy shall be fully recessed into the canopy and shall not extend downward beyond the ceiling of the canopy.

A canopy may be located in front of the principal structure.

Canopy support design. The colors, materials, and architectural details of the canopy supports shall match that of the principal building. The canopy supports shall be covered with decorative cladding of material that is consistent with the architectural treatment of the principal building's facade.

Waivers. The city manager or designee may waive compliance with the maximum sixteen (16) feet clearance standard provided the canopy complies with all of the following standards:

The canopy is not a flat roof;

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

At least one elevation of the canopy has a sixteen-foot clearance.

Signage. The following signs are allowed:

Window, wall signs.

Ground mounted signs as follows:

One ground sign shall be permitted for each site and shall be placed within a two hundred-square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight (8) feet above grade. Maximum permitted area sixty (60) square feet.

Canopy signs. All canopies may have an illuminated corporate logo with a maximum area of twelve (12) square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures.

Signage is prohibited above fuel pumps.

Corporate logo colors. Corporations commonly use colors as an identifying building feature and will be regulated as part of signage in section 2.10. Where color schemes are used that commonly identify the business on site, said areas shall be considered signage, and shall be included in the calculation of sign area.

Merchandise displays. There shall be no outside displays of products or any merchandise.

(Ord. No. 2020-752, § 2(Att. A), 8-4-20)

JJ.

Backyard Chickens program.

Purpose and intent; program created; definitions.

The intent of the Backyard Chicken Program is to permit the keeping of up to four (4) chickens on an occupied detached single-family property within the SLD/RS, LD/R1, ULD/R2, LMD/R3 zoning districts, subject to the terms and conditions herein. To participate in the Backyard Chicken Program, the single-family residence must be situated on a parcel of at least seven thousand five hundred (7,500) square feet.

Note: Single-family portions of PDP zoning districts may include backyard chickens if proposed and approved in the preliminary and final master plans.

Note: Waterfront properties that cannot meet the rear yard dimensional standards for the coup and run due to a lake may apply for a permit if the side yard can accommodate all the requirements of this section.

For the purposes of this subsection, the term "chicken" refers to female chickens only (i.e., hens).

This subsection does not authorize persons to violate applicable restrictive covenants and homeowners' association rules and regulations. The city does not police or enforce private restrictive covenants and homeowners' association rules and regulations. Persons applying for and receiving permits under this subsection are solely responsible for compliance with all applicable restrictive covenants and homeowners' association rules and regulations.

Permit and general conditions for the keeping of chickens in certain residential zoning districts.

The applicant for a permit to keep chickens must show evidence that they familiar with UF/IFAS Extension Service AN239 - Raising Backyard Chickens.

Persons desiring to participate in the Backyard Chicken Program shall apply for and obtain a one-time zero-charge permit from the Community Development Department prior to keeping chickens. If the person applying for a permit is not the fee simple owner of the subject property, the fee simple owner must consent to the application. Permits shall be issued to individual permittees, shall be specific to such person(s), and shall not run with the land or be transferred to successors or assigns If a person holding a permit chooses to leave the program, they must provide notice to the City of the same.

To obtain a permit under this subsection, persons applying for a permit for the keeping of chickens must show that they can meet the requirements of this subsection. The City may conduct a compliance inspection of the subject property prior to and/or after issuance of a permit. The issuance and maintenance of a permit for the keeping of chickens is conditioned upon and subject to the terms and conditions of this section 2.6JJ.

By applying for a backyard chicken permit under this subsection, the applicant agrees to the following:

Grants the City and its officers, employees, and agents with proper notice a right-of-entry to the rear yard for inspection purposes to ensure compliance with this subsection prior to and after the issuance of a permit.

Applicant will remove chickens and chicken coops and enclosures upon the termination or expiration of a permit and/or non-compliance with this subsection.

Will hold the City, its employees, and agents harmless when performing compliance inspections for the backyard chicken program.

Upon permit issuance, up to four (4) chickens may be kept on an occupied detached single-family property located in zoning districts as identified in Sec 2.6.JJ.1.a above. Regardless of the underlying zoning district, chickens shall not be kept on properties developed with commercial uses, mobile home parks, duplexes, triplexes, and apartments or other multifamily properties.

Ducks, geese, turkeys, peafowl, pigeons, male chickens/roosters, or any other poultry or fowl are not allowed under the provisions of this subsection.

Chickens shall be kept for personal use only. Selling chickens, eggs, or chicken manure, or the breeding of chickens for commercial purposes is prohibited.

Chickens shall not be slaughtered on premises.

If a resident decides not to continue with their permit, or if the permit is revoked, the resident is responsible for the appropriate disposition of the chickens.

Location and requirements for a chicken coup and chicken runs upon issuance of permit and within permitted zoning districts.

A chicken coop and a connected chicken run are both required for the keeping of chickens pursuant to this subsection.

The chicken coop shall provide a minimum of five (5) square feet of living space per chicken so that the chicken coop is of sufficient size to permit free movement of the chickens. The chicken coop shall not exceed six (6) feet in height and must be accessible for cleaning and maintenance.

The chicken coop shall be covered and ventilated. The chicken coop and chicken run must be completely secured from predators, including all openings, ventilation holes, doors, and gates (fencing OR roofing is required over the chicken run in addition to the chicken coop, to protect the chickens from predators).

The maximum size of the coop and run area shall be a combined two hundred (200) square feet. The application requires a submittal of construction materials and methods including how the coop will be anchored or tied down.

The coop and run area shall be located in the rear yard of the single-family detached residence and be set back a minimum of seven and one-half (7½) feet from the side and rear lot lines and a minimum of twenty (20) feet from any side street. The coop and run area shall be at least twenty-five (25) feet from any residential structure on an adjoining lot.

For corner lots, a chicken coup must be in the rear yard of a property.

A coop and run must be surrounded by an opaque wall or fence that is six (6) feet in height. A chain-link fence, chain-link fence with slats, or similar fence shall not constitute an opaque wall or fence.

The maximum height of the run fence around the coop shall be six (6) feet, as measured from the existing grade to the highest part of the fence.

The chicken coop and chicken run shall be an accessory structure.

The coop and run must be constructed in a way that establishes a clean, safe, and pleasant environment free of odor, vermin, noise, and disease.

Coop enclosures shall be kept in neat condition, including provision of clean, dry bedding materials and regular removal of waste materials, to not create an odor.

All stored feed must be kept in a rodent and predator-proof container.

Waste materials shall be initially stored in an enclosed container prior to beneficial reuse onsite or authorized offsite disposal.

Health, sanitation, and nuisance as applied to the keeping of chickens in the permitted zoning districts.

Chickens shall be kept within a coop and enclosure. No person shall release or set any chicken free from such coop or enclosure except as set forth in this subsection. Chickens shall not be permitted to free range.

Chicken coops and chicken runs shall always be maintained in a clean and sanitary condition. All manure not used for composting or fertilizer shall be promptly and properly disposed of. Chickens shall not be permitted to create a nuisance consisting of odor, noise, or pests, or contribute to any other nuisance condition.

If a chicken is injured or bitten by a family dog or neighbor's dog, said dog shall not be classified as a dangerous dog.

All deceased chickens shall be properly disposed of within twenty-four (24) hours according to the Florida Department of Environmental Protection Guidance Document titled "DISPOSAL OF DECEASED DOMESTIC ANIMALS."

Health and Safety.

If an agency having jurisdiction over the City of Inverness declares a public health emergency for an outbreak of a virus, including but not limited to, the Avian Flu or West Nile virus, the City shall enforce all applicable public health regulations and procedures.

Violations and Revocations.

If a violation of this subsection occurs, the City shall have the right to one (1) or more of the following remedies or actions:

Institute code compliance proceedings against the permit holder for violations of this subsection.

If any condition of the chicken-keeping permit has been violated, the City shall revoke the permit immediately if the violation has not been remedied within seven (7) days after written notice of the violation.

If there are three (3) separate violations of the chicken-keeping permit occurring in any consecutive 90-day period, the City shall revoke the permit.

Notwithstanding any other provision of this section, the City may revoke a permit upon its determination that a violation of this section poses a threat to the health or safety of persons or property.

If revoked the permit holder may not reapply for a period for twelve (12) months from the date of revocation. All chickens and the chicken coop must be removed from the property during any time the permit is revoked.

No person convicted as a repeat violator of this subsection may be permitted to, or continue to, keep chickens on their premises.

Cancellation. If a participant chooses to discontinue backyard chicken-keeping, they must provide notice to the city and remove the coop and run within thirty (30) days of the notice being given.

Transfer. A permit issued pursuant to this subsection shall not be transferred to a subsequent property owner. Any subsequent property owner will be required to reapply for a permit pursuant to this subsection.

Definitions.

Chicken: refers specifically to female chickens only (i.e. hens).

Chicken coop: a covered house, structure, or room that provides chickens with shelter from weather and with a roosting area protected from predators.

Chicken run: a fenced or wired in area or pen with a roof or fencing completely covering the top portion thereof, required in conjunction with a chicken coop to provide an outside exercise area for chickens free from predators and of a size that allows access to foraging area and sunlight.