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Backup Documents 12/13/2000 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING DECEMBER 13, 2000 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, December 13, 2000 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENTDEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,(941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. PLEDGE OF ALLEGIANCE An ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code, which includes the Comprehensive Zoning Regulations for the 1 December 13, 2000 Unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Finding of Fact: Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Article 2, Zoning, Division 2.2 Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, including the adoption of the Goodland Zoning Overlay District or in the alternative a Declaration of Partial Moratorium on multi-family land uses for the Goodland area and the Bayshore Drive mixed use overlay district; Division 2.4 Landscaping and Buffering; Division 2.5. Signs; Division 2.6 Supplemental District Regulations including but not limited to Section 2.6.4, Exceptions to Required Yards; Section 2.6.11, Fences; Section 2.6.15, Solid Waste Disposal; Section 2.6.21, Dock Facilities; Section 2.6.33, Motion Picture/Television Production Permit; Adding Section 2.6.34, Annual Beach Event Permits; and Section 2.6.35, Communication Towers; Division 2.7. Zoning Administration and Procedures; Division 2.8 Architectural and Site Design Standards and Guidelines for Commercial Building and Projects; Article 3, Development Requirements, Division 3.2 Subdivisions; Division 3.3, Site Development Plans; Division 3.4 Explosives; Division 3.5. Excavation; Division 3.9 Vegetation Removal, Protection and Preservations; Division 3.10. Sea Turtle Protection; Division 3.11, Endangered, Threatened or Listed Species Protection; Division 3.14. Vehicle on the Beach Regulations; Article Six, Definitions, Division 6.3, Definitions including but not Limited to the definition of "Residential Hotel"; Appendix B, Typical Street Sections and Right-of-Way Design Standards; Section Four; Adoption of Amended Zoning Atlas Maps; Section Five, Conflict and Severability; Section Six, inclusion in the Collier County Land Development Code; and Section Seven, Effective Date. Ordinance 2000-92 - Adopted 4/0 (Commissioner Carter out) 3. ADJOURN 2 December 13, 2000 Collier County, Florida 11/28/84-S50 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: /XXXX/ Normal Legal Advertisement / / Other: (Display Adv., location, etc.) ~ Originating Dept/Div:_Person: Planning Services ~ ~'~/~/~'/- Date: //- · ' ' ~ ~-~ (Sign clearly) Petition No. (If none, give brief description): LDC-2000=2 Petitioner: (Name & address): Don Blalock{ Planning Services , 2800 North Horseshoe Drive Naples, Fla. Name & Address of any person(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) Hearing before: /_XXX/ BCC / / BZA / / Other Requested hearing d~~3/00~ Based on advertisement appearin~~ays before hearing. Newspaper(s) to be used: (Complete only if important / ?, -- /XXXX/ Naples Daily News or legally required /__/) / / Other Proposed Text: (Include legal description & common location & size: LDC-2000-2 An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code, (See attached Ordinance) Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes XXX No / / If yes, what account should be charged for adverti~ - ' Divisi ~ -- ~ ---- P- -' ~ Dg~ ~ County Manager Date _ - List Attachments:(I)~"~'~~ (2) (3) DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved~ be sure that any necessary legal review~ or request for same~ is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: / / County Manager agenda file; / / Requesting Division; / / Original to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Received ~!/~/~ ~ ~ ~ Date Advertised Date of P. . ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF "RESIDENTIAL HOTEL"; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, commencing in calendar year 2000; and Words struck tkreugk are deleted, words underlined are added. 1 2nd Draft 10/18/00 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF "RESIDENTIAL HOTEL"; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, commencing in calendar year 2000; and Words struck t~rzug~ are deleted, words underlined are added. 1 WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on November 29, 2000 and December 13, 2000, and did take action concerning these amendments to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Star., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Star., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land de, elopment regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, Words struck t~roug~ are deleted, words underlined are added. 2 capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO GENERAL DIVISION Division 2.1., General, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.1. GENERAL Sec. 2.1.5. Amendment to Official Zoning Atlas U.S. 41 E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E, Section 330, Map No. 3633 N, A to P. U.S. 41 E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E, Section 33, Map No. 3633S, A to P. o Golden Gate Blvd. (Max Hasse Community Park), 94, 95, 96, 98 and 111, Golden Gate Estates Unit 4, Map No. G G E 22, E to P. Vanderbilt Drive (Cocohatchee Community Park), Township 48 S, Range 25 E, Section 17, Map No. 8517S, CF to P. o Carson Road (Tony Rosebaugh Park), Township 46S, Range 29 E, Section 31, Map No. 6931, AtoP. o Washington Street (Immokalee Sports Complex), Township 46 S, Range 29 E, Section 33, Map No. 6933S, RMP-6 to P. Third Avenue (Immokalee Community Park), Township 47 S, Range 29 E, Section 4, Map No. 7904N, RSF-3 to P. State Road 29 (Oil Well Park), Township 48 S, Range 29 E, Section 20, Map No. 482930, A- MHO to P. Words struck t~rz~:g~ are deleted, words underlined are added. 3 o Bluebill Avenue (Connor Park), Township 48 S, Range 25 E, Section 29, Map No. 8529N, RMF-6 to P. 10. 9th Street South (Immokalee) (Dream Land Park), Township 47 S, Range 29 E, Section 4, Map No. 7904S, RMF-6 to P. 11. 18th Court SW (G G Unit 5) (Rita Easton Park), Township 49 S, Range 26 E, Section 21, Map No. 9621N, RSF-3 to P. 12. 23rd Avenue SW (Aaron Lutz Park), Township 49 S, Range 26 E, Section 22, Map No. 9622S, RSF-3 to P. 13. Sholtz Street (East Naples Tot Park), Township 50 S, Range 26 E, Section 29, Map No. 0629N, RSF-4 to P. 14. Lotus Drive (Coconut Circle Neighborhood Park), Township 50 S, Range 25 East, Section 1, Map No. 05015, RSF-4 to P. 15. Poinciana Drive (Poinciana Village Neighborhood Park), Township 49 S, Range 25 E, Section 23, Map No. 95235, RSF-4 to P. 16. Undivided Block 118, Golden Gate Unit 4, according to the plat thereof, recored in the Official Records of Collier County, Florida, in Plat Book 5, Pages 107, (Golden Gate Community Park), Township 49 S, Range 26 E, Section 21, Map No. 9621 S, RSF-3 to P. Words gtr'ac!: thrm:g~ are deleted, words underlined are added. 4 x z o Words stmeh4hr-o~gh are deleted, words _underlined are added. 5 Words ......~' 'g .....h are deleted, words underlined are added. 6 Words str'~'ck tkre',:gh are deleted, words underlined are added. 7 Words str'ack t~rm:g~ are deleted, words underlined are added. 8 Words struck t~roug~ are deleted, words underlined are added. 9 Words str'.:'ck through are deleted, words underlined are added. 10 Words struok '~' .....~ ...... e,,- are deleted, words underlined are added. 11 I I Words struck through are deleted, words underlined are added. 12 Words struck thr,v, ugh are deleted, words underlined are added. 13 li I \ ' i Words Strl.'.c.v, tSre'..'gh are deleted, words underlined are added. 14 Words struck through are deleted, words underlined are added. 15 W':IFIIO 9NINOZ :NOISIA3~ 1S¥-I Words .......through are deleted, words underlined are added. 16 Words ~ are deleted, words underlined are added. 17 / Words struck through are deleted, words underlined are added. 18 L~J Z Words struck t~mggh are deleted, words underlined are added. 19 r C)NINOZ :NOISIA]~ IS¥-I SUBSECTION 3.B. AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Words struck tkrcugk are deleted, words underlined are added. 2O Sec. 2.2.2. 2.2.2.3. Rural agricultural district (A). Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. Wholesale reptile breeding or raising (venomous). Churches and other places of worship. Private landing strips for general aviation, subject to any relevant state and federal regulations. Cemeteries. Schools, public and private. Child care centers and adult day care centers. Collection and transfer sites for resource recovery. Communication ,towers above specified height, subject to section 2.6.35. Social and fraternal organizations. Veterinary clinic. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 2.6.26 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. Golf courses and/or golf driving ranges. Oil and gas field development and production subject to state field development permits. Sports instructional schools and camps. Sporting and recreational camps. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Words str'-'.ck t~rcugk are deleted, words underlined are added. 21 22. Additionally, the sale of fresh produce is permissible at retail plant nursuries as an incidental use of the property as a retail plant nursery. Go The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. Asphaltic and concrete batch making plants subject to the following conditions: 23. ao Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. The height of raw material storage facilities shall not exceed a height of 50 feet. fo Hours of operation shall be limited to two hours before sunrise to sunset. go The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administrative offices and associated parking. Do An earthe~ berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. Compliance with all applicable ordinances of Collier County particularly the Well field Protection Ordinance No. 91-103 [div. 3.16 of this land development code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida state park system as established by the department of natural resources (DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; (4) Within any county, state or federal jurisdictional wetland area. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: Words o°tr'..'ck t~rc'agk are deleted, words underlined are added. 22 Permits or letters of exemption from the US Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the Planning Services Director prior to Site Development Plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yar. ds. (3) The petitioner shall utilize only trails identified and approved on a Site Development Plan. Existing trails are preferred. (4) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. (5) The maximum size of the vehicles, the number of vehicles, and the passenger capacity of the vehicles shall be determined by the Board of Zoning Appeals during the Conditional Use process. (6) Motor vehicles shall be permitted to operate during daylight hours, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. (9) The Board of Zoning Appeals has the power to review a Conditional Use for tour operations, annually. If, during the review at an advertised public hearing, it is determined by the Board of Zoning Appeals that the tour operation is detrimental to the environment, and no adequate corrective action was taken by the petitioner, the Board of Zoning Appeals may void the Conditional Use. 2.2~8.4.5. Maximum ~nsity permitted. A maximum of 26 units ver acre for hotels and motels. for vroie~(s, containrig two (2) acre~ or lesS~ ,~ maximum of 16 units per zoning was ~ existence at the time Of adoption of this code. When located determined t~ou CollierCounty grow~ management, plan~ but shall not exceed 16 units per acre. Sec. 2.2.10 Mobile Home District Section 2.2.10.1 Purpose and intent. The purpose and intent of the mobile home district (MH) is to provide lands for mobile homes and modular built homes as defined in this Land Development Code that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County growth management plan. The maximum density permissible in the mobile home district and the urban mixed-use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. Words struck tAreugh are deleted, words underlined are added. 23 2.2.10.2. 2.2.10.2.1 The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee Future Land Use Map of the Growth Management Plan. Permitted uses. The following uses are permitted as of the right or as uses accessory to permitted uses, in the mobile home district (MH). Permitted uses. 1. Mobile homes. Modular built homes. 33. Family care facilities, subject to Section 2.6.26. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designation specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. Sec. 2.2.28. 2.2.28.3. Immokalee Overlay District State Road 29 Commercial Overlay Subdistrict.' special conditions for the properties abutting SR-29, as identified o~ in the Immokalee Area Master Plan; referenced on Map 2; and further identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas Maps. Map 2 S.R_ 29 COMMERCIAL OVERLAY SUBDISTRICT (SR29COSD) 2.2.28.3.1. 2.2.28.3.2. Purpose and intent. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this sub-district are intended to provide an increased commercial depth along SR-29 with development standards that will ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties. Applicability. These regulations apply to the commercial district along SR-29 as identified on the Immokalee Future Land Use Map. Words .......through are deleted, words underlined are added. 24 2.2.28.3.3. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. 2.2.28.3.3.1. Access points to SR-29 shall comply with Florida State Department of Transportation permitting regulations. Parcels that do have a minimum of 440- feet of street frontage shall provide access off existing adjacent roadways, when possible, and should not access to SR-29. 2.2.28.3.3.2. Owners of lots or combinations of lots having less than the required street frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2.2.28.3.4.Shared parking arrangements between adjoining developments shall be encouraged. 2.2.28.3.5. Deceleration and acceleration lanes shall be provided. 2.2.28.3.6. Pedestrian traffic shall be encouraged by providing sidewalks. The location of these sidewalks shall be coordinated with adjacent projects. 2.2.28.3.7. Buildings shall be set back from SR-29 a minimum of 25 feet and from the rear lot line a minimum of 25 feet. 2.2.28.3.8. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide a ten-foot Type A landscape buffer as described in section 2.4 between vehicular rights-of-way with required sidewalks and adjacent residential development. Adjacent commercial projects shall provide coordinated landscape plans. 2.2.28.3.9. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide A--an area equal to a minimum of two and one-half percent of the total interior vehicular use area shall be landscaped to provide visual relief. 2.2.28.3.10. Projects with a total building square feet exceeding 5,000 square feet shall provide landscape buffering in accordance with Section 2.4.5 of this Code. 2.2.28.3.-1-0.11 Buildings shall have a maximum height of 50 feet. 2.2.28.4. Jefferson Avenue Commercial Overlay Subdistrict: special conditions for the properties abutting Jefferson Avenue as identified o~ in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. Map 3 Words str::cl~ t~reug.h. are deleted, words underlined are added. 25 JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT (JACOSD) 2.2.28.4.1. Purpose and intent. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this sub-district are intended to provide an increased commercial opportunity along Jefferson Avenue with development standards that will ensure coordinated access and appropriate landscaping and buffering to be compatible with nearby residential properties. 2.2.28.4.2. Applicability. These regulations apply to the commercial district along Jefferson Avenue as identified on the Immokalee Future Land Use Map. 2.2.28.4.3. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. 2.2.28.4.3.1. Access points for future commercial development shall be limited to a maximum of one per 150 feet of street frontage. Properties with less than the required street frontage, shall be encouraged to utilize shared access points with adjoining commercial development. 2.2.28.4.3.2. Owners of lots or combination' of lots having less than the 150-foot of required frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2.2.28.4.4. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide A a ten-foot Type A landscape buffer as identified in section 2.4.5 of this Code o~'alI *'~ pro;q~ed on Jefferson Avenue ~,-~ aq 2.2.28.4.4.1.Projects with a total building square feet exceeding 5,000 square feet shall provide landscape buffering in accordance with Section 2.4.5 of this Code. 2.2.28.4.5. Provisionsfor shared parking a~angements with a~oining developments shall be encouraged. Words ............. ~.. are deleted, words underlined are added. 26 2.2.28.4.6. 2.2.28.4.7. 2.2.28.8 Commercial buildings shall be set back from Jefferson Avenue a minimum of 25 feet. Commercial building shall have a maximum height of 50 feet excluding ten feet for under-building parking. Main Street Overlay Subdistrict: Main Street Overlay Subdistrict: special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. Map 7 MAIN STREET OVERLAY SUBDISTRICT A A-MHO 2.2.28.8.1 2.2.28.8.2 2.2.28.8.3 2.2.28.8.4 Purpose and intent. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. Applicability. These regulations apply to the Main Street Overlay Subdistrict as identified on Map 7 and further identified by the designation "MSOSD" on the applicable official Collier County zoning atlas maps. Permitted Uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this subdistrict, and the following use may be permitted as a fight in this subdistrict: 1. Hotel and Motels (group 7011). Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this subdistrict, and the following uses are permitted as a right in this subdistrict: All uses allowed in the Commercial Professional District (C-l), of this code, except for group (7521). Words struck through are deleted, words underlined are added. 27 2.2.28.8.5 2.2.28.8.6 2.2.28.8.7 2.2.28.8.8 Prohibited Uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this subdistrict, and the following uses, shall be prohibited in the Main Street Overlay Subdistrict: 1. Automobile Parking (group 7521) on all properties having frontage on Main Street, North First Street, South First Street and North 9th Street within the Main Street Overlay Subdistrict. 2. Automotive dealers (groups 5511, 5521, 5531 installation, 5551,5561,5571,5571,5599) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 3. Gasoline Service Stations (group 5541) on all properties having frontage on Main Street and gasoline service stations (group 5541 with services and repairs as described in section 2.6.28) are prohibited on all properties having frontage on North First Street and South First Street within the Main Street Overlay Subdistrict. 4. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline, on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 5. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 6. Radio and Television Repair Shops (group 7622 automotive) is are prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 7. Outdoor Storage yards and outdoor storage are prohibited within any front, side or rear yard on all properties within the Main Street Overlay Subdistrict. 8. Drive-through areas shall be prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 9. Warehousing (group 4225) 10. Communication Towers, as defined in section 2.6.35 of this code 40.11. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this subdistrict shall be prohibited. Accessory uses. Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. Conditional uses. Uses permitted in the underlying zoning districts contained within this subdistrict, subject to the standards and procedures established in section 2.7.4 and as set forth below: A. Local and Suburban passenger transportation (groups 4131 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. Outdoor Display and Sale of Merchandise. Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietor's occupational license. Words struck thr.~ug~ are deleted, words underlined are added. 28 2.2.28.8.9 2.2.28.8.9.1 2.2.28.8.9.2 2.2.28.8.10 2.2.28.8.11 2.2.28.8.12 The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following: Vehicular and pedestrian traffic safety measures. Location of sale/display of merchandise in relation to parking areas. Fire protection measures. Limited hours of operation from dawn until dusk. Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: 1. Location of sale/display of merchandise in relation to road rights- of-way; 2. Vendor Carts are located on sidewalks that afford the applicant a five foot clearance for non-obstructed pedestrian traffic; and 3. Limited hours of operation from dawn until dusk Dimensional Standards. Subject to the provisions of this code, for each respective zoning district, except as noted below: Yard requirements. Maximum yard requirements. 1. Front Yard: 7 or 10 feet. 2. Side Yard: 0 - 10 feet. Minimum yard requirements. 3. Rear Yard: 0 or 5 feet. 4. Abutting Residential. 20 feet. Maximum height of structures. 1. All structures sha!! be no more than 35 feet in height, except hotel/motel uses shall be no more than 50 feet in height. Minimum off-street parking and off-street loading. As permitted by Section 2.2.28.7. standards for parking within the Immokalee Central Business District, and as set forth below: 1. Outdoor cafd areas, shall be exempt from parking calculations. 2. All properties within the Main Street Overlay Subdistrict, having frontage on Main Street, First Street or Ninth Street are required, by this subdistrict to locate all parking in the rear and/or side yards. Signs. As required in division 2.5. and as set forth below: 1. Projecting signs are allowed in addition to permitted signs provided such signs do not exceed 6 square feet in size and are elevated to a minimum of 8 feet above pedestrian way. 2. Sandwich Boards are permitted, one per eating establishment, not to exceed 6 square feet in size and shall only be displayed during business hours. Commercial design guidelines. Subject to provisions of division 2.8., Architectural and Site Design Standards for Commercial Buildings and Projects, except as set forth below: Properties having frontage on Main Street or First Street or Ninth Street are required to locate its primary business entrance on that street. Parcels fronting both Main Street and First Street or both Main Street and Ninth Street are required to locate their primary business entrance on Main Street. Reflective or darkly tinted glass is prohibited on ground floor windows. Words struck t~reug~ are deleted, words underlined are added. 29 2.2.28.8.13 o Properties with less than 50 feet of road frontage shall only require a minimum of one roof change. Commercial projects 5,000 square feet in size or less shall only require a minimum of two design features, as described within section 2.8.4.4.6 of this code. To encourage redevelopment within the Main Street Overlay Subdistrict, for proposed redevelopment of existing projects that do not increase impervious surface area and whose total building area is less than or equal to 5,000 square feet in size, the applicant shall be exempt from Section 2.4.3.1. of the Landscaping and Buffering provision, requiring the seal of a landscape architect and shall also be exempt from Division 2.8. Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, requiring the seal of an architect. The minimum commercial design criteria, as set forth above, ar-o shall :',`or b_g.e applicable to projects with a total building square feet of less than or equal to g-eeater--tha~ 5,000 square feet in size. Landscaping and buffering. Subject to provisions of division 2.4, of this code, except as set forth below: To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses, except where otherwise prohibited by this subdistrict+_. The following landscape buffering criteria shall be applicable projects with a total building square feet of less than of equal to 5,000 square feet: a. properties adjacent to residentially zoned lots/parcels shall provide a minimum 10 foot wide landscape buffer, 6 ~ foot i~ ~ high hedge or wall (4 feet at planting; 6 feet within one year) with trees spaced no more than 25 feet on center; b. Properties adjacent to commercially zoned lots/parcels shall provide a minimum 5 foot wide landscape a minimum perimeter buffer ,of 5 feet in width, with a single row hedge with and trees spaced no more than 30 feet on center; _. ou~,, ~, ...... :~.4 r^~ ,, ~ The hedge shall be a minimum of 3 gallon plants 2 feet in height spaced a minimum 3 feet on center at planting. c. a minimum 5 foot buffer, with at least two trees o~ eaeh per lot/parcel or one tree per 40 linear feet whichever is greater, shall be required adjacent to all rights-of-ways; d. lots/parcels that are unable to meet the above minimum landscape criteria, shall be required to provide landscape planters and/or flower boxes for each such property, as recommended by the County Landscape Architect or County Planning Director; and Section 2.2.33. Bayshore Drive Mixed Use Overlay District 2.2.33 Bayshore Drive Mixed Use Overlay District.' special conditions for the properties adjacent to Bayshore Drive as referenced on Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map senes~ 2.2.33.1 Purpose and intent. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small-scale mixed use development. This district is intended to: revitalize the commercial and residential development along this corridor; enhance the Words str'ack thrc, ugh are deleted, words underlined are added. 3O 2.2.33.2 waterfront; encourage on-street parking and shared parking facilities and provide appropriate landscaping and buffering between the v~ious types of uses; and protect and enhance the nearby single-family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. Applicability. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT Words o, ....t. ,~. .....~. ............. ~,.. are deleted, words underlined are added. 31 2.2.33.3 2.2.33.4 Iljustrations used in this section are solely intended to provide a graphic example of a specific standard or standards set forth herein and not as requirements the for style of specifics projects. Variations from these iljustrations, which nonetheless adhere to the provisions of this section, are permitted. Subdistricts. There are three subdistricts identified within the Bayshore Mixed Use District: Neighborhood Commercial; Waterfront; and Residential. The boundaries of these subdistricts are identified on Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map 6r ~a~ s~rieS. Uses and standards for each subdistrict are specified. In the event that parcels are assembled that include parcels fronting Bayshore Drive and extending to the end of the overlay boundary, a mixed-use development is permissible and may include all 0fthe uses specified in the corresponding neighborhood commercial and residential subdistricts, provided the most restrictive landscaping and buffering requirements will apply to development abutting any residential district. 2.2.33.5 Neighborhood Commercial Subdistrict. The purpose and intent of this subdistrict is to encourage a mix of low i~ensi~y commercial uses and residential uses. Developments will be small-scale and pedestrian-oriented. 2.2.33.6 Permitted uses. For all within the Neighborhood Commercial Subdistrict, as indicated on Map 1, the Bayshore Drive Mixed Use Overlay District, ~h~ foilowing U~es are permitted as of right in this subdistrict: ao ho jo so vo wo yo aa. Accounting, auditing and bookkeeping services (8721). Amusement and recreation services (groups 7911,7991, Apparel and accessory stores (groups 5611-5699). Barber shops (7241). Beauty shops (7231). Business services (groups 7311, 7313, 7322-7338, 7384). Eating places (5812 except concession stands, contract feeding, dinner theaters, drive-in restaurants, fast food restaurants, food service (institutional), industrial feeding). Food stores (groups 5411 except convenience stores, and supermarkets, 5421-5499). General merchandise stores (5331-5399). Offices for engineering, architectural, and surveying services (groups 8711-8713). Health services (8011-8049, 8082). Home furniture, furnishing and equipment stores (groups 5714-5719, 5731-5736). Insurance carriers, agents and brokers (groups 6311-6361, 6411). Legal services (8111). Management and public relations services (groups 8741-8743, 8748). Membership organizations (8611-8699). Miscellaneous repair services, (7629, 7629 except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines and 7631). Miscellaneous retail services (5912, 5932 -5949, 5992-5999). Museums and art galleries (8412). Personal services (groups 7212, 7291) Photographic studios (7221). Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511- 9532, 9611-9661). Real estate (groups 6531-6541). Security and commodity brokers, dealer, exchanges and services (groups 6211-6289) Shoe repair shops and shoeshine parlors (7251). United States Postal Service (4311 except major distribution center). Words str'~'ck t~rm:g~ are deleted, words underlined are added. 32 bb. CC. dd. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record services only, all excluding outdoor kenneling). Videotape rental (7841) Residential ~ith the followin~ li~ti6n~: multi-family u~s are p~tt~ above commercial u~s on lois fronting Bayshore Drive, no single family units are per, trOd o~:i:o~s fronting Bayshore Drive 2.2.33.7 Prohibited uses All uses prohibited within the underlying residential and commercial zoning districts contained within this District, and the following additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay District: ao Gasoline service stations (5541). Outdoor storage or merchandising unless specifically noted eo mo Single-use "big box" establishments (over 15,000 sq. ft.) Automotive dealers.(5511,5521) Automotive repairs (7532-7539,7549) Boat Dealers (5551) Carwashes.(7542) Agricultural services (0711-0783) Kennels and veterinary services.(0752,0279,7948) Building material sales (5211) Warehousing(4225) Communication towers Bars, lounges, bottle clubs (5921,5813). Convenience stores. (5411) Adult entertainment. Laundromats. (7215) Tattoo parlors.(7299) Labor pools.(7363) Homeless shelters or soup kitchens (8322 and 8361) Commercial parking lots (7521) shall not be permitted on parcels that have water access Self and mini storage units. (4225-4226) 2.2.33.9 ~nt~I 0peiati~fi~i Conditional Uses. The following uses are permitted as conditional uses in the sub~ di~e~ subject to the standards and procedures established in division 2.7.4. a. Child Care centers and adult day care centers (8351) b. Churches and houses of worship (8661) 2.2.33.10 Outdoor display and sale o[ merchandise. The following regulations govern the outdoor display and sale of merchandise. Words str'~'ck tkraugh are deleted, words underlined are added. 33 No automatic food and drinking vending machines or public pay phones are ~tted outside of any structure. Newspaper vending machines will be limited to two machines per project site and must be architecturally integrated within the project site. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. B. The outdoor display/sale of merchandise is permitted on improved commercially-zoned properties and is subject to the submission of a site development plan that demonstrates that provision will be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2. Location of sale/display of merchandise in relation to parking areas. 3. Fire protection measures. 4. Limited hours of operation from dawn until dusk. 5. Merchandise must be displayed in a vendor cart that complements the architectural style of the building that it is 6. Vendor carts located on sidewalks must afford a five-foot clearance for non-obstructed pedestrian traffic. 2.2.33.11 2.2.33.11.1 Dimensional standards. Minimum Yard requirements. Front Yard~ At five (5) feet, eighty (80) percent of the structure must adjacent exiting structures.. 2. Side Yards -Five (5) feet, except when abutting the residential district then it will be ! 5 feet. 3. Rear Yards- Twenty (20) feet Waterfront- Twenty-five (25) feet- outdoor seating areas, canal walkway, water management facilities, and landscaping areh may be located within the required setback. 5. Buildings located on Bayshore Drive will have their first floor elevation level with the sidewalk. The first floor of the buildings must be utilized for commercial pu~oses. 6. Where possible buildings facing Bayshore Drive wrap around the corner as depicted on Figure 1. 7. To allow the maximum use of the waterfront, buildine t)lacement :on a lot can vary from the required ~sett!acks, provided such variantion is recommended by the CRA Staff and County Architect and approved by the Plannine Director. 2.2.33.11.2Maximum Density. For the residential component- 12 units per acre as required by the Growth Management Plan. 2.2.33.11.3 Minimum floor area. Seven-hundred (700) square foot gross floor area for each building on the _eround floor. 2.2.33.11.4 Maximum height of structures. Commercial use buildings are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. Words struck a. .....h .r~ deleted, words underlined are added. 34 Buildings containing only Residential uses are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade o Buildings containing mixed-use residential over commercial uses shall be limited to a maximum height of four stories or 56 feet above the sidewalk grade to the building eave. First floor of the building at the sidewalk level shall be no less than 12 feet in height from the finished floor to the finished ceiling and shail be occupied by commercial uses only. minimum depth of 35 feet from the front setback line onall floors. The remaining depth may be used for parking. Figure 1- Plan of a typical comer lot development 2.2.33.12 Parking Standards 1. 3 spaces per 1000 square feet of floor area open to the general public for commercial use 2. Minimum one (1) parking spaces for each residential unit. 3. Outdoor caf~ areas shall be exempt from parking calculations. 4. Access to the off-street parking facility must be from the local street unless restricted due to lot size. 5. Should the property owner develop on-street parking spaces on local o mbse~ti6nl On-street parking on local streets excluding Bayshore Drive requires an agreement with the County to use the public right of way for parking. Angle or parallel parking (as depicted in Figure 2) is permissible based on the site development plan as approved by the Planning Se~ice§ Dep~ment and built to County standards. The property owner must agree to maintain th~ portion of the public right-of-way where the parking is located. Words strucl: t~reug~ are deleted, words underlined are added. 35 Figure 2- T~iLal onestreet paring on l~al streets On-street parking on Bayshore Drive shall be made available to the property owner on a first come first serve basis at the time of Site Development Plan (SDP) or Site Improvement Plan (SIP) approval provided the parkin~ does.not interfere with the on-street bike lanes and is 1 .ocated within the block in which the block that the property is located. Construction or renovation of any building. must occur within 90 days of the SDP or SIP approval and be completed within six months of commencement in order to secure the on-street parking spaces. Due to circumstances beyond ~e control of the applicant the property owner may request an extension from the Planning Services Director. These spaces must be used toward the fulfillment of the parking requirements set forth herein. The off-site parking requirements of Section 2.3.4.11 of the LDC shall apply except for the rea_uirements of subsection 2.3.4.11 (4) (g). Vehicular egress points may be located on local streets opposite residential homes provided they are within the Bayshore Mixed Use Overlay District. Off-site parking facilities outside of the BMUD are subject to all of the requirements of Sub-Section 2.3.4.11 of the LDC. Shared Parking requirements shall be consistent with those provided in Section 2.3.5 of the LDC code except that the Planning Services Department Director can approve or deny requests instead of the board of zoning appeals or planning commission and under Section 2.3.5.3.3, shared parking spaces can be separated by Bayshore Drive provide the two properties are located with the BMUD. 2.2.33.13 Landscaping- as required in division 2.4, .~b~[gPP!:7 unless specified otherwise below: Words str~:cl: thr,v~:g~ are deleted, words underlined are added. 36 2.2.33.13.1 Special buffer requirements for development areas contiguous to residentially zoned property. A fifteen- foot wide landscape buffer area sh~i be requ~ed. Thig ~ea shall include a six (6) foot high wall, fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in height at the time of planting Landscaping shall be on the residential side of the wall. 2.2.33.13.2 Landscape buffer requirements for multifamily residential development adjacent to single family residential property. A ten-foot- wide Type B landscape buffer with narrow canopies proportionate to the narrow buffer space shall be installed. 2.2.33.13.3 Landscape buffer requirements where vehicular use areas abut the waterfront. A double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year shall be required. 2.2.33.13.4Rear Landscaping Requirements for neighborhood Commercial and Waterfront Districts adjacent to the waterfront. A five foot Type D landscape buffer with a canal walkway is required. The walkway shall be a minimum of six- feet- wide and ~ons~st of~ impervious surface walkway. Walkways must be designed and located to provide an interconnection between adjacent properties wherever possible. Marinas may be exempted from this provisi6n due to safety provisions if approved by the Planning Services Director. 2.2.33.13.5Landscape requirements for properties fronting Bayshore Drive. The intent is to integrate the right- of- way and building front with decorative pavement that is d6~s~tent with the Bayshore Beautification hardscape. Landscaping shall b~ ~h~istent ~ith the Bayshore Beautification Plan. 2!21~3!~ 6Landscape screening of mechanical equipment such as air-condition units. 2.2.33.14 Special Provisions Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subject to sprinkler requirements but only from the potable water supply without requirements for backflow protection. 2.2.33.15 Architectural Standards All buildings shall meet the requirements set forth in division 2.8 unless othe~ise specified below: All buildings adjacent to Bayshore Drive will have the principal pedestrian entrance fronting Bayshore Drive 35 percent of the building faqade that face Bayshore Drive will be clear glass Attached building awnings may encroach over the setback line by a maximum of five feet. Neon colors shall not be used as accent colors buildings that abut the waterfront, the rear of the building will be treated as a fro~at faqade in applying architectural standards a~ p~6~ided ih di~isi0n 2~8i ~less 2.2.33.16 Signs. DiVision 2 5 shill appi~! un!~ss s~ified b~!o~i Words struck t~r,v'~:g~ are deleted, words underlined are added. 37 o parcel provided such signs do not exceed 20 pement of the total s{luare footage of the visual faqade 'of the building to which the sign will be attached and shall not exceed 65 square feet in area. provided such signs do not exceed 6 square feet, and shall not oroiect more than 4 feet from the buildin~ in which the sign will be attached. This sign shall be elevated to a minimum of 8 feet above any pedestrian No freestanding siens shall be oe~tted. In additi0n~ the vertical. drip of an awnin~ may be ,stenciled with letters no more than 8 inches in height and not to exceed one:third of the length'of the canopy. s. ign to be l~laced on the fa_cade which faces the waterfront provided it meets all of the ab0y¢. requirements? Corner buildings or corner units within multiple tenant placed on the same wall. No internally lit cabinet siens shall be [~ermitted. 2.2.33.17 Waterfront Subdistrict - The purpose of this district is to allow maximum use of the waterfront for entertainment while enhancing the area for u~b~ the general public. Development standards fo~ ~he district are ~he sa~ ~s lh6se S~t forth for the Neighborhood Commercial Subdistrict, unless set forth belowi DeVelopment ih ~h~s g6bdls~i¢~ ig encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. 2.2.33.18 Permitted Uses ao Do Marinas. (group 4493. except all repair, storage and sales of boats must be conducted in an covered ~ea o~ ~a ihte~ 2.2.33.19 boats for sale or rent shall be visible from Bayshore Drive. Conditional Uses-Marina a. Fuel Facilities (if permitted the fueling station canopy must be architecturally consistent with the building design.) 2.2.33.21 Landscape buffer requirements for development contiguous to residential zoned property. A twenty- foot- wide landscape buffer area i~ required~ Such bgffe~ must include a minimum six (6) foot high wall, fence, berm, or combination thereof, a double row of trees spaced no more than 20 feet on Words sift:c?. t~rc::g~ are deleted, words underlined are added. 38 center, and a double row of shrubs at least 24 inches height at time of planting. Landscaping shall be on the residential side of the wall. 2.2.33.22 Parking 2.2.33.22.1 On-site traffic circulation sysSem s.hat! be provided that will accommodate arehs for the loading and unloading of equipment that will not encroach on residential developments. 2.2.33.23 Residential Subdistrict. The purpose of this district is to encourage the development of multifamily residences as a transitional use between commercial and single-family development. The multifamily buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. The intent is to create a row of residential units with uhiform front yard setbacks and access to the street. 2.2.33.23.1 Permitted uses. The following uses are permitted as of right. a. Single -family dwellings b. Two-family dwellings c. Townhouses d. Multi-family dwellings 2.2.33.23.2 Uses accessory to permitted uses. 2. 2.2.33.23.3 Uses and structures that are accessory to and incidental to the uses permitted as of right. Private docks and boathouses sub. iect to section 2.6.21 and 2.6.22. Minimum lot width: Single-family: 50 feet. Two-family: 50 feet. Townhouses 25 feet Multi-family 100 feet. 2.2.33.23.4Yard requirements. The following yard requirements sha!l apply and are in relation to the Front Yard Min. Side Yard Min. Rear Yard At~ 7-1/2 feet unless One (Single) Family 10 feet abutting commercial15 feet Dwelling Units property~ then 5 feet 5 feet unless abutting Two Family 10 feet single family unit~15 feet Dwelling Units then 7.5 feet 0 feet when abutting another townhouse~ Townhouse 10 feet if not then the same15 feet standards as a two family dwelling unit. Multiple Family 5 feet unless abutting (Three or more) 10 feet single family unit~15 feet Dwelling Units then 7.5 feet Words :tr::ck t~rm:g~ are deleted, words underlined are added. 39 2.2.33.23.5 Minimum floor area: 750 square feet per unit 2.2.33.23.6Maximum height o[ structures.(Measured from Federal Emergency Management Agency Principal structures. Three habitable floors or a measure .0~40 feet, Accessor~ structures. 15 feet except for screen enclosures~ which may be the same height as the principal structure but in no event greater than 35 feet. 2.2.33.23.7 Minimutn off. street parking. Minimum off-street parking is one space per dwelling unit. There shall be no visible parking area from the frontage road. 2.2.33.23.8 On street parking requirements.(RESERVED) 2.2.33.23.9Building t~lacement and design. Buildings and their elements shall adhere to the following 1. Buildings shall be divided using articulation and/or modulation at least every 80 feet. Fagade modulation is stepping back or extending forward a portion of the fagade at least 6 feet measured perpendicular to the front fagade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. 2. The primary residence shall be oriented to the street. Orientation is achieved by the provision of a front fagade including an entry door that faces the street. 3. On corner lots, both street facades of a building shall have complementary details~ in particular~ building materials and color, roofiines and shapes, window proportions and spacing~ and door placement. .All mechanical equipment must be screened with a three-foot height hedge spaced three feet on center or an opaque fence or wall at an~ hei 5~ allowed, 2.2.33.23.10Elevation. Buildings shall adhere to the following elevation requirements: The first habitable floor at the street fagade may not be greater than one foot over the minimum first floor elevation designated in the National Flood Insurance Program by the Federal Emergency Management Agency (FEMA). A maximum of 40% of the first habitable floor may be greater than one foot over the FEMA- designated minimum first floor elevation. Open stilt-type construction is not permitted. On front yards, the faqade area below the first floor must be treated with a solid facade or lattice which !s conslste t with the architectural style of the building. The garage floor shall not exceed 24 inches above the elevation of the right-of-way from which it is accessed. 2.2.33.23.11Front Porches. Front porches that adhere to the following standards may encroach seve 1. Front porches must cover a minimum of 40% of the horizontal length of the front yard fayade of the primary residence. 2. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. 3. Front porches shall not be air-conditioned nor enclosed with glass, screen, or other material. Words str~clz thre~g~ are deleted, words underlined are added. 4O Second-story porches are encouraged, but no enclosed room is permitted above the front porch. 2.2.33.23.12 Garages and driveways. 1. The rear setback may be reduced to 10 feet if a front-access garage is constructed on the rear of the residence. 2. Garage doors shall have a maximum width of 16 feet. 3i Only one driveway is allowed per 50 linear feet of front property line. The driveway shall have a maximum width of 18 feet i~ni~.the e Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. Garages shall be recessed a minimum of three (3) feet behind the front faqade of the primary residence. 2.2.33.23.13Accessory Units. An accessory units is a separate structure located at rear of the propert independently of the primary residence. The following regulations regarding accessory units apply: e e Only one accessory unit is permitted per primary residence. The maximum area of an accessory unit is 550 square feet~ limited to one habitable floor. The accessory unit may be above or on the side of a garage and may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight feet in width. The maximum height of a structure containing a guest unit over a garage is limited to 18 feet~ measured from the level of graded lot to the eave, and with a maximum overall building height of 24 feet to the top of the roof. A structure containing only a guest unit is limited to one story and 10 feet, measured from the FEMA first habitable floor height requirement to the eave~ with a maximum overall buildi,Jg height of 16 feet to the top of the roof. For purposes of calculating density~ an accessory unit will count as one-half a dwelling unit. 2.2.33.23.14 Density. One Single-Family Dwelling Unit or minimum 2 residential units per platted lot or maximum 12 units per acre. Words str'..'ck throt:gS are deleted, words underlined are added. 41 Sec. 2.2.34. Goodland Zoning Overlay (GZO) District 2.2.34.1 2.2.34.2 Purpose and Intent (GZO): To create design guidelines and/or amend the existing development standards that will assure the orderly and appropriate development in Goodland, while still providing sufficient flexibility for the property owner and design professionals. The Goodland Zoning Overlay District is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village, small town environment of Goodland is protected, and preserved and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. Geographic Boundaries: The boundaries of the Goodland Zoning Overlay District are delineated on Map 1 below. Words str'.:'ck thrm:'gh are deleted, words t~nderlined are added. 42 CR 892 O PEAR ~-REF AVENUE MANGO A V/- NUt- COCONU 1 AVF NUF PAl ~ ^VLNUE GOODLAND ZONING OVERLAY BOUNDARY MAP1 2.2.34.3 2.2.34.4 2.2.34.4.1 2.2.34.4.2 Applicability: The regulations apply to the above-described geographic area. These regulations are intended to supplement the existing land development regulations found in the Collier County Land Development Code (LDC). In the event of a conflict betw~::en other provisions of this Code and these regulations, these regulations contained in this overlay shall apply. Development criteria. The development criteria and standards for each zoning district in Goodland (as provided for in the Land Development Code) shall apply for all uses and structures in this overlay district unless specifically superseded below. Maximum building height. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use provided that no residential building may contain more than two (2) levels of habitable space. Minimum lot requirements. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use except for the following: Single family/Mobile Home: Lot area: 4,275 square feet. Lot width: 45 feet. Sec. 2.2.35.Declaration of a partial moratorium for multi-family residential development the Goodland area. 2.2.35.1. Duration. For a period not to exceed one (1) year from the adoption of this Land Development Code amendment. Words struck through are deleted, words underlined are added. 43 2.2.35.2. Geographic scope of the of the Goodland area. The geographic scope of the Goodland area shall be as follows: Includes: All lands zoned "VR" Village Residential. 2.2.35.3. Prohibited uses. The following use is hereby prohibited for a maximum one year period while the Goodland Zoning Overlay is being developed. 1. Multi-family Residential Dwellings, 2.2.35.4. Exemptions. Properties in all other zoning districts including single-family and other uses in the Village Residential Zoning District. In addition, any mu~ti-family use in the Village Residential Zoning District in the Goodland area for which completed applications for development approval (site development plan) and/or building permits that were filled and approved by the County prior to the adoption of the moratorium. 2.2.35.5. Map. The following map dipicts the Village Residential Properties within the Goodland area. C R. 892 COCONUT AVENUI PAl M AVENUE VH HILL GOODLAND ZONING OVERLAY BOUNDARY SUBSECTION 3.C. Division 2.4., AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.4. Plant material standards and installation standards. Words str'.-'ck thrc'..'gh are deleted, words underlined are added. 44 2.4.4.12 2.4.4.12.1 2.4.4.12.2 2.4.4.12.3 2.4.4.12.4 2.4.4.12.5 2.4.4.12.6 2.4.4.12.7 2.4.4.12.8 2.4.4.12.9 2.4.4.12.10 2.4.4.12.11 2.4.4.12.12 Prohibited Exotic Species. In addition to the prohibitions outlined in section 2.4.4.11, the following species or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county. Melaleuca spp. (punk tree). Schinus terebinthifolius (Brazilian pepper). Any member of the family Casuarinaceae (Australian pine). Rhodomyrtus tomentosa (downy rosemyrtle). Dioscorea bulbifera (air potato) Colubrina asiatica (lather leaf). Lygodium spp. (climbing fern). Syzygium cumini (Java plum). Mimosa pigra (catclaw mimosa). Acacia auriculiformis (earleaf acacia). Albizia lebbeck (Women's tongue). Cupaniopsis anacardioides (Carrotwood) Sec. 2.4.6. 2.4.6.1. 2.4.6.2. 2.4.6.3. Minimum Landscaping requirements. Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to subsection 2.4.4.11. Trees shall meet the requirements of section 2.4.4.2. Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. Residential developments. One canopy tree per 3,000 square feet of lot area, or two canopy trees per lot, whichever is greater, with the maximum number required: 15 trees per lot. Multifamily developments. One canopy tree per 2,000 square feet of pervious site area excluding preserves. This is in addition to other requirements. Industrial and commercial developments. One canopy tree per 3,000 square feet of pervious site area, or one canopy tree per lot, whichever is greater. Words struck t~roug~ are deleted, words underlined are added. 45 At the discretion of the County Landscape Architect, some or all of these landscape buffering requirements may be displaced to a ro.w. landscape buffer located within the lease parcel when it better serves the public interest of screening the view of the communication tower. 2.n,.5.~.. 2.4.6.5 Littoral zone planting. All developments that create lake areas shall provide littoral zone plantings of emergent, aquatic vegetation in accordance with Section 3.5.7.2.5. 2.4.6.5.6. Building perimeter plantings. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses shall provide building perimeter plantings in the amount of 100 square feet per 1,000 square feet of proposed building ground level floor area. These planting areas shall be located adjacent to the building and shall consist of landscape areas, raised planters or planter boxes that are a minimum of five feet wide. Water management areas shall not be a part of this five-foot planting area. Sec. 2.4.7. 2.4.7.4. Minimum landscape buffering and screening between uses. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a minimum maximum four feet on center at planting. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six- foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Alternative D: A landscape buffer shall be required adjacent to any road right-of- way external to the development project and primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development. Words struck t?,raug~ are deleted, words underlined are added. 46 A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 2.4.4.2.2.4.4.4. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous single row hedge a minimum of 24" in height spaced 3 feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design.. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. The remaining area of the required landscape buffer skall ccns:.:;t cf must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. SUBSECTION 3.D. AMENDMENTS TO SIGNS DIVISION Division 2.5., Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.5. SIGNS 2.5.5.1.6. On-premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a 10-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. o Graphic artistic or architectural embellishments less than 10 square feet in area not containing any letters or numbers shall not be considered signs and shall be allowed throughout the development. However, should such architectural embellishments be located closer than 10 feet to any sign, then it should be considered an integral part of the sign and shall be subject to the restriction of this Section. SUBSECTION 3.F. AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DIVISION Words str'.-'ck t~rm:g~ are deleted, words underlined are added. 47 Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.4. Exceptions to Required Yards 2.6.4.2. Minor after-the-fact yard encroachments 2.6.4.2.1 Minor after-the-fact yard encroachments may be approved administratively by the development services director. For the purposes of this subsection, minor yard encroachments shall be divided into two classifications: Structures for which a certificate of occupancy has not been granted. The development services director may administratively approve minor after- the-fact yard encroachments of up to 5 percent of the required yard, not to exceed a maximum of 6 inches. Structures for which a certificate of occupancy or a final development order has been granted. The development services director may administratively approve minor after-the-fact yard encroachments of up to ten percent of the yard required., ,,~,~ as of the date on which the certificate of occupancy or final development order was granted, not to exceed a maximum of two feet. Sec. 2.6.11. 2.6.11.1. 2.6.11.2. 2.6.11.2.1. 2.6.11.2.2. 2.6.11.2.3. 2.6.11.2.4. Fences. Fences in residential districts. Fences or walls shall be allowed in all zoning districts subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5. Residential districts. For the purposes of this section, residential districts shall include: RSF residential single-family; RMF-6, RMF-12, and RMF-16 residential multiple-family; RT residential tourist; VR village residential; MH mobile home; TTRVC travel trailer--~ecreational vehicle park campground; and residential increments of PUD residential planned unit development districts. Fences and walls placed within required yards shall be subject to the following: Fences or walls on all lots greater than one acre in area may reach a maximum height of 6 feet. For non-waterfront interior lots one acre or less in area, fences or walls may reach a maximum height of 6 feet for side and rear yards, but are limited to 4 feet within the required front yard. For waterfront lots one acre or less in area, height limits are as for non-waterfront lots, but with the additional restriction that fences or walls within the required rear yard are limited to 4 feet. For Corner: 10t~ one :~re: this th~ ~ht-of- : othe~ ~6 ~ Feh~e~ 2.6.11.2.5. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the board of zoning appeals may allow the use of barbed wire in conjunction with chainlink fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. Words str'~:ch thr'e'~'g~ are deleted, words underlined are added. 48 2.6.11.3. 2.6.11.4. 2.6.11.5.6. Agricultural districts. For the purposes of this section, agricultural districts shall include: A agricultural; E estates; and CON conservation districts. Fences and walls within agricultural districts shall be exempt from height and type of construction. and i Pursuant to Ordinance No. 90-30, as amended. Ssolid waste disposal shall be required in the form of bulk container service (garbage dumpsters and/or compactors) for all commercial establishments and multi-family projects containing r: ......... a .... u: ..... ;, .... a ............ r ~ h A' . of adequate ......ta ..........not recevin curbs e c up ......... 2.6.15.3. Minimum requirements and locational restrictions. In the case of multifamily developments at least one standard size bulk container (dumpster) per every ten units shall be required. All such containers are subject to the following 1ocational restrictions. ded tO sere! Words o°trusk through are deleted, words underlined are added. 49 a. I (condominiums carport or garage, b. In the case of multi use of dumpsters and/or compactors in favor of part of particul~development, subject ~ Solid Waste Dep~ment. demonstrate that there ~s all individual units such as a anytime. ' at an alternative methodology for solid waste the Collier County Solid Waste Department and the waste hauler. (Oral. No. 92-73, § C~ § 3, 10-21-94; Ord. No. 98-63, § 3.D, 6-24-98) waste, ch. 118. Sec. 2.6.21. Dock Facilities 2.6.21.1. Individual or multiple private docks, including mooring pilings, davits, lifts and the like are permitted to serve the residents of a development on canal or waterway lots, provided they do not protrude more than the respective distances specified in sections 2.6.21.2, and 2.6.21.3, for such canal or waterway. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access by users for routine maintenance and use while minimally impacting the navigability of the waterway, the native marine habitat, manatees, and the use and view of the waterway by surrounding property owners. Permitted dock facility protrusions as well as extension of dock facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap line, or Mean High Water line, whichever is more restrictive. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and or structures. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this Code, shall be Words struck thrct:g~ are deleted, words underlined are added. 5O 2.6.21.1.2 2.6.21.2. considered an accessory use or structure. Boathouses shall be required to be approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. Non-residential dock facilities shall be subject to all the provisions of section 2.6.21, with the exception that protrusions for non-residential dock facilities beyond the specified limits shall be determined administratively by the Planning Services Director at the time of Site Development Plan review, based on an evaluation of the criteria in section 2.6.21.3. Dock facility requirements and restrictions. The following criteria apply to dock facilities and boathousesi wkh the ~xcepti~n ofboa~ dock fa~iliti~ on manmade Sec. 2.6.33.8. 2.6.33.8.1. 2.6.33.8.2. Film permit Petit required. No CclEer ~ .... * ..... ;,~..., n~, ~..,;...~,.:~4 ~ v ........ A permit shall be required fo~ the following, in conjunction with commemial motion picture, film, television, video o~ still photo2raphy production: the use of set scenery, temporary structures, lJ;hting ~.~ ......t o~ othe~ apparatus, special effects, o~ closure of punic streets o~ accessways. This code shall not apply to bona fide newspaper, press association, newsreel or television news media personnel, no~ to p~openies that have been zoned to allow motion picture/television filming as a permitted Application for permit; contents. Any person, firm, corporation, association or governmental entity desiring to obtain a permit shall apply to the ~ Planning Services director; and said application shall include but not be limited to the following. 1. Name, address (including local address) and telephone number of applicant. Proof of comprehensive general liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The applicant shall provide to the Planning Services Director a certificate of insurance evidencing that said insurance is in existence and certifying that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Special effects to be utilized, especially incendiary or explosive devices, with proof or [oU of not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and licenser ru .... :"~'~ license .l~y from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. ti d h f fil r,,~ n~a 4. Loca ons, dates an our o ming .....to ........... The following information is required by the Planning Services Director, unless waived: A a .... :_,: .... a ~L-~,~h conceptual plan indicating the location of film events and parking facilities provided. b. Plans for construction or utilization ~'~ r^n of structures on subject ~ ~ t,~,~j- site(s). Words struck through are deleted, words underlined are added. 51 2.6.33.8.3. 2.6.33.8.4. 2.6.33.8.5. 2.6.33.8.6. _Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition. Provide a description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting. e_ Describe any use which may encroach into environmentally sensitive areas. I0. f. Approximate number and type of vehicles and/or equipment to be used and any special parking requirements. The number of personnel to be on location with the production. 11. Necessity for closures of public streets or sidewalks and for what duration and location. 12. h__. Indicate any utilization of aircraft/fixed-wing, helicopter, or balloons at the subject site(s). 13. i__. List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County. 14. ~ Provisions for traffic control, fire safety and security precautions. 15. k._~_. If located on private property, not under the county's ownership or control, a written notarized agreement will be required from the property owner to allow the filming to occur on his property. 1. Additional information requested to assist Collier County in obtaining future film production. Insurance requirements. The applicant shall, as a prerequisite to tke issuance of a perm~, maintain in force at all times during the permit period a comprehensive general liability policy with limits other than those described in an~ r~ ~ ....r~:~ Section 2.6.33.8.2 as determined ~ by the Risk ~v] ~*v tOZVl . Management director ef t~e risk .........* ~:',:~:~ upon a review of the cur c rcumstances nvo ve ..................j ................. ' ' . Said a cant,,s ar .... ~ ........................ provide to the zoning Planning Services director a certificate of insurance evidencing that said insurance is in existence and certifying that Collier County is a named insured and that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Any additional insurance requirements for filming on private propeffy will be at the discretion of the affected prope~y owner. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the ~ Planning Services director. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county-owned land or facilities shall be in effect. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the ~ Planning Services director, the permit may be issued. If the ~ Planning Services director determines that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then he may require that the permit application be scheduled for a public hearing before the board of county commissioners. The Words struck tkre, ugk are deleted, words underlined are added. 52 special circumstances could include, but are not limited to, closure of a public street or accessway; use of special effects, including incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public heating shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. 2.6.33.8.7. Suspension of permit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. The suspension shall be initially communicated oratJ, y verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. 2.6.33.8.8. Costs for extraordinary services. The county shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not limited to, charges for personnel and/or equipment committed in support of the production, which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The county may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the county or paid by the applicant, respectively. 2.6.33.8.9. Surety bond. A surety bond in t-he an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond will may be required by the Planning Services Director a to provide for cleanup and/or restoration of the subject site(s). Sec. 2.6.34. Annual Beach Events Permit 2.6.34.1.1. The owner of beach-front commercial hotel-resort property may apply for an Annual Beach Events Permit. The Planning Services Director, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned Beach Events as indicated on the permit form and exhibits thereto. 2.6.34.2. For purposes of this section, a "Beach Event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria: The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or 3. The event: (a) is attended by 25 or more people and is organized by or with the help of the commercial property owner; and (b) is of a nature not commonly associated with the day-to-day use of the beach by the general public. Words strack tkraugh are deleted, words underlined are added. 53 2.6.34.3. Notice of Scheduled Events: 2.6.34.3.1. On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all Beach Events scheduled for the following month, in the form and content made a part of the Annual Beach Events Permit application. The notice shall indicate the date, time and duration of each event. The maximum number of days of beach events, during any calendar year, shall be 150 calendar days. 2.6.34.3.2. If a Beach Event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the County with a separate written notice at least 48-hours prior to such event. 2.6.34.3.1 All notices furnished to Collier County pursuant to the permit shall be sent to Collier County Planning Services Department. 2.6.34.4. Event Cancellations and Postponements: 2.6.34.4.1. If a scheduled Beach Event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the County staff a minimum of 4 hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. 2.6.34.4.2. If a Beach Event is canceled or postponed, and no other Beach Events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of Beach Events authorized by the permit. 2.6.34.5. Sea Turtle Nesting Season (May 1st through October 31st of each year): During sea turtle nesting season Beach Events shall be subject to the following conditions: 2.6.34.5.1. A copy of the Florida Department of Environmental Protection (FDEP) Field Permit, if required by FDEP, shall be obtained and furnished to Collier County prior to the time of the scheduled event. 2.6.34.5.2. Set up, including beach raking, for a particular Beach Event shall not commence until after the daily sea turtle monitoring is completed by the Collier County Natural Resources Department staff. 2.6.34.5.3. Use of vehicles is prohibited, except as may be permitted in Section 3.14.3. of this Code. 2.6.34.5.4. All materials placed on the beach for purpose of conducting the Beach Event shall be removed from the beach by no later than 9:00 p.m. of the date of the event. 2.6.34.5.5. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event 2.6.34.5.6. Identification of sea turtle nests on the beach may cause the Beach Event to be relocated or to have additional limitations placed on the event, pursuant to the recommendation of Collier County Natural Resources Department. 2.6.34.5.7. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. Words strt:ck thrm:g~ are deleted, words underlined are added. 54 2.6.34.5.8. Notices required by this permit shall also be furnished to Collier County Natural Resources Department. 2.6.35. Communication Towers 2.6.35.6.3. Essential Services--Specified Conditional uses. Except in the RSF-1 through RSF- 6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriffs substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be conditional use approved as stand alone essential service facilities provided the tower is to be owned by, or be leased to, a government, and the primary uses of the tower are for governmental purposes. 2.6.35.6.21. Existing native vegetation on the leased parcel, when present, shall be used to meet the landscape buffer requirements per Section 2.4.7.4. Where existing native vegetation is insufficient within the leased parcel area, a A landscaped buffer area no less than ten feet wide shall be developed around the perimeter of each new tower that requires security fencing. Refer to Section 2.4.7.4 for landscape buffer requirements. Th:s ~,,,cc~, ~1...11 .......... 11 ...... ~--n,r.t ..... including m~ ~ ...... ~,o~ At ~,o~ ......... c ~,, ........ ~"~ ~' ~ ~!antc~ Section 2.6.35.7. Alligator Alley Communication Towers (1) Notwithstanding other provisions of Section 2.6.35, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the 1-75 right-of-way east of the toll booth (Alligator Alley). Two of the four towers shall be constructed to replace two existing Florida Department of Transportation towers. The four new telecommunication tower sites shall be located approximately at: (a) mile marker 52.2. The height of the tower shall not exceed 250 feet including antennas; (b) mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; (c) the site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas; (d) the site of an existing FDOT tower located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing tower located on the north side of 1-75 at mile marker 63.3. The height shall not exceed 280 feet including antennas. Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation (FDOT), the U.S Fish and Wildlife Service (FWS), the Words struck through are deleted, words underlined are added. 55 (2) (3) (4) (5) (6) (7) (9) National Park Service (NPS), the Department of Forestry (DOF), and Collier County agencies, where practical. Each tower shall be constructed in accord with the standards and requirements of Section 2.6.35 and other applicable sections of the LDC except as expressly provided otherwise in this Section. Minimum yard requirements: There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the 1-75 right-of-way and each proposed tower must maintains a separation distance from all adjacent residential property lines equal to one-half (1/2) the tower's height or equal to a Florida Professional Engineer's certified collapse area (fall zone), whichever is greatest, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers. Access: Physical access to each tower site shall be as approved by FDOT. Parking: Sufficient unpaved area shall be provided on or adjacent to each tower site to accommodate temporary parking for one vehicle for servicing or maintaining the communication tower. Landscape Buffer: A landscape buffer no less than ten feet wide with trees planted 25 feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures, and buildings. This buffer shall encompass all structures including the tower base. At least one row of native vegetation shall be planted within the buffer to form a continuous hedge at least three feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the Planning Services Director where the buffer is not practical due to public safety problems. A Site Development Plan and construction plans will be submitted to the Collier County Planning Services Department for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved Site Development Plan or construction plans for any such tower without County approval. Tower lighting: In addition to requirements for tower lights specified in Section 2.6.35 of the LDC, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. Notwithstanding any other provision in this Land Development Code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communications towers and accessory items ("Facilities"), listed above, and all such future Facilities, are lawful uses if located within the confines of the 1-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County. (a) The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be twenty (20) feet or less in height require only building permit approval from the County. (b) As all such Facilities must be located within the Interstate Highway No. 75 right of way, the Facilities must be subject to approval from the owner of that right-of-way, including such conditions as may be Words struck 'h .....~, .~o deleted, words underlined are added. 56 (c) (d) required by that owner. The owner of said right-of-way is the State of Florida by and through the Florida Department of Transportation. The Facilities must be owned by, or leased to, a government. The primary uses of the Facilities must always be governmental uses. Private uses, if any, of the Facilities must always be incidental and subordinate to the governmental uses. Notwithstanding any other provision in Section 2.6.35, the Facilities shall be subject to the tower sharing requirements of Section 2.6.35 if the tower is to exceed a height of one hundred and twenty feet (120) feet, or unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governments. If the tower is to be occupied by an antenna under control of a non-government occupant of the tower and is to be used for any non-governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to prerequisite to occupancy on the tower. SUBSECTION 3.E. AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES DIVISION Division 2.7., Zoning and Administration Procedures, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING AND ADMINISTRATION PROCEDURES Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The o:,~ ,~ .... ~ ..... · ~ planning services director shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County building code or this code are in accord with the requirements of zoning code and the land development code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, blasting permits, etc. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required ~"':~'~:~- permit(s), inspections and certificate(s) of occupancy as required by the Collier County building code or this code and no building or land alteration permit application shall be approved by the s:.te '~ .... ~ ..... * .... ; .... planning services director for the erection, moving, addition to, or alteration of any building o~ structure or land except in conformity with the provisions of this zoning code and the land development code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation or variances as provided by this code or unless he shall receive a written order from a court or tribunal or [of] competent jurisdiction. Application building or information congtractlo~ for building or land alteration permit. All applications for land alteration permits shall, in addition to containing the required by the building official, be accompanied by *-"-~ --a ~, ..... all required plans and drawings drawn to scale, showing Words struck t~mugk are deleted, words underlined are added. 57 the actual shape ad dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this land development code. In the case of application of [for] a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the o:~ rea4ow planning services director determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the o;~,~ ,~ .... , planning services director may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the oa~ a .... ~ ..... * review planning services director authorized only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use arrangement, or construction different from that authorized shall be deemed a violation of this land development code. ao Statements made by the applicant on the building or land alteration permit application shall be deemed an official statement. Approval of the application by the ~a~ .~ .... ~ ..... · review planning services director shall in no way, exempt the applicant from strict observance of applicable provisions of this land development code and all other applicable regulations, ordinances, codes, and laws. bo A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (division 3.15 of this code) and Rule 9J-5.0055, F.A.C. Improvement of property prohibited prior to issuance of building or land alteration permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building or land alteration permit where the development proposed requires a building or land alteration permit under this land development code or other applicable county regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services administrator for an approved subdivision or site development plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of Section 3.2.8.3.6 of this code; removal of exotic vegetation shall be Words struck t~rzug5 are deleted, words underlined are added. 58 o exempted upon receipt of a vegetation removal permit for exotics pursuant to division 3.9. Zoning and land use approval required prior to or simultaneously with issuance of building or land atleration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the land development code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purpose of determining compliance with the zoning provisions of the land development code, an approval of a site development plan pursuant to division 3.3 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the land development code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the land development code. Do In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to division 3.3 and of a zoning certificate issued for the building and the land, shall be required. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other non-residentially allowed uses of land or buildings. A zoning ce~,fificate shall not be required for a land alteration activity when that activity is accessory to other uses of land. SUBSECTION 3.F. AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS DIVISION Division 2.8., Architectural And Site Design Standards And Guidelines For Commercial Buildings And Projects, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS Sec. 2.8.2. Applicability. Provisions of this division are applicable in all commercial zoning districts, commercial and non-residential components of PUD districts, DRIs, business park districts, an~ industrial zoned areas and all other zoning districts for non- residential developments and buildings fronting on arterial or collector roads as described by the transportation circulation element of the growth management plan, when located in the urban residential areas as indicated on the future land use map of the growth management plan, as provided below: Words sin:ok t~rm:g~ are deleted, words underlined are added. 59 considered their of this the context SUBSECTION 3.G. AMENDMENTS TO SUBDIVISIONS DIVISION Division 3.2., Subdivisions, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2. SUBDIVISIONS Sec. 3.2.7 Preliminary Subdivision plat. 3.2.7.1.11. The location and width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names shall be identified on all public or private thorough-fares. Typical right-of-way and pavement cross sections shall be graphically iljustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during a PUD process, it shall be determined whether the streets are to be public or private. Sec. 3.2.8. Improvement Plans 3.2.8.3.20 Street lighting. Streetlights shall be designed and installed utilizing the guidelines of the IES standards for each street intersection, at required intervals along each street not to exceed 400 feet and at the end of each cul-de-sac, and may be required at intervals along each street. Such lights may be required on interior streets, alleys, boundary streets, access paths, and the like. The standards for this street lighting are: (per IESNA RP-8-00) 1. A minimum of 1.4 foot-candles at the center of each internal project intersection is required. A minimum of 1.4 foot-candles along internal roadways is recommended but not required. At the entry/exit of any subdivision on to a county collector or arterial street the following two standards shall apply. Words girt:ok t~rm:g~ are deleted, words underlined are added. 60 a) b) At the points where the edges of pavement of the entrance road meet the Right-of-way line, the illumination level shall be 2.0 foot candies minimum. At the centerline of the entrance road at the Right-of-way line, the illumination level shall be 3.5 foot-candles minimum. All light levels shall be measured at approximately 4'above the pavement on a moonless night. Whenever, in the opinion of the site development review director, based on an engineer's determination, a dangerous condition is created by sharp curves, irregularities in street alignment, or other similar circumstances, additional lights may be required. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion. Streetlights shall be designed and installed in either of two ways: Where streetlights are to be installed on private streets, the developer, through an electrical engineer registered in the State of Florida, shall design and install the street lighting system subject to the approval of the development services director. Upon completion of the streetlights, they shall be owned, operated and maintained by the property owners' association, a condominium association, cooperative association, or other similar entity, or the public utility furnishing the electric service. Where the streetlights are to be installed on public streets, the developer may elect to initiate a municipal services benefit or taking unit in coordination with the county transportation services division in order to provide street lighting. If the municipal services benefit or taxing unit is approved by the board of county commissioners, the transportation services director shall authorize the public utility to design, install, and maintain the street lighting system at no cost to the county's general fund. If no benefit or taxing unit is created for public streets, the provision of section 3.2.8.3.20.1 above shall govern the design, construction and maintenance of streetlights. 3.2.8.3.24. Utility casings. Subdivisions or developments providing water services shall install no less than ~ four-inch conduits to each alternate lot on the opposite side of the street from the main distribution line for each street prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, street lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed streets prior to the completion of the stabilized subgrade. SUBSECTION 3.H. AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS Sec. 3.3.3. Applicability Words struck t~reugh are deleted, words underlined are added. 61 All development, except as otherwise provided herein, is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: 1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at Section 2.6.27 (cjuster development). 2) Underground construction; utilities, communications and similar underground construction type activities. 3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where provisions of the Land Development Code requires a Site Alteration Permit, then the provision of this section become applicable. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by Section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by Section 2.6.33. 6) Project entryway signs, walls, gates and guardhouses. SUBSECTION 3.I. AMENDMENTS TO EXPLOSIVES DIVISION Division 3.4., Explosives, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.4. EXPLOSIVES Sec. 3.4.5. Permit application requirements and conditions. 3.4.5.1.10. D ............................. a ............... ~, ........ ~ ~'*'-'z~ ...... Blasting will not be permitted within 350 feet of existing Structures or structures under construction or within 350 feet of public roadways. Sec. 3.4.13. Restrictions for the use and handling of explosives. 3.4.13.5.1. It shall be unlawful for any person, to blast, fire, detonate or use any amount of explosive within the territorial limits of the county without first obtaining a blasting permit as hereinafter provided by this section; provided that in any event it shall be unlawful for any person to blast, fire or detonate or use any amount of explosives which would result in a resultant peak particle velocity in excess of 0.5 inches per second when measured on the ground at the nearest building or structure not owned by the permittee, or at a location identified by the seismologist of record and the planning services director, or designee. A blasting control procedure is hereby established by adopting an 80 percent rule for controlling blasting in urban construction environments. If 80 percent of the allowable particle velocity is exceeded, no blasting may be undertaken until a letter, facsimile transmission, or telephone call with a follow-8p letter or facsimile transmission is provided by the blasting permit applicant to the county identifying a revised blasting methodology which provides procedures that will be implemented to assure that a peak particle velocity of 0.5 inches per second will not be exceeded. Words str.,:c',~ t5rcagh are deleted, words underlined are added. 62 The maximum allowable airblast, measured at the nearest building or structure not owned by the permittee, or when measured at a distance of 5,280 feet from the blast shall not exceed 129 decibels when measured by an instrument having a flat frequency response over a range of at least 6 to 200 hertz. If the airblast is measured with an instrument having a flat frequency measure over a range of at least 2 to 200 hertz, the corresponding limit is 133 decibels. The following requirements shall apply to all blasting within the urban boundaries of the county: a) Overburden shall not be removed prior to blasting. When overburden b) c) The stability of the ground surface. d) All surface detonators shall be covered or buried. e) All charges shall be at (originally placed) proper depth prior detonation of multiple blast. f) Blasting will not be permitted within 350 feet of existing structures or structures under construction or within 350 feet of public roadways. exceeds four feet of depth, a minimum of four feet of overburden shall remain in place prior to blasting. Stem all blast holes within 1000 feet of the nearest structure based on a GPS measurement with 89 stone or approved equal material shall-be to confine the gaseous products of detonation. "borehole" surrounding the blast tube shall be backfilled to ensure to the SUBSECTION 3.J. AMENDMENTS TO EXCAVATION DIVISION Division 3.5., Excavation, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.5. EXCAVATION Sec. 3.5.7. Construction requirements for the construction of excavations. 3.5.7.3.1. Maximum. Private and development excavations shall not exceed 4-3 20 feet in depth unless computations using the "fetch formula" of maximum depth +5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Sec. 3.5.8. Inspection and reporting requirements. 3.5.8.2.1. Status reports. The permittee shall provide the community development and environmental services administrator or designee with an excavation activities status report as follows: Private excavations. A final status report within 30 days after the final completion of the excavation. Development and commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived. The final cr annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the .4 .... ~ ..... ~ ..... :~o '~:~ community development and environmental Words struck tSreug5 are deleted, words underlined are added. 63 services administrator or designee, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excavation permit: ao A sealed topographic survey prepared by the project's surveyor/engineer, containing the following: (1) A baseline along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at each station. Unless otherwise approved by the development services director, cross sections shall be taken every 100 feet on excavations less than five acres, and every 300 feet on excavations over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angel cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of the division. Side slopes shall be graded to within a reasonable tolerance as will be determined by the development services director, depending upon local site conditions. (2) On all planned unit development or subdivision projects, the outline of the excavations top-of-bank shall be accurately plotted and referenced to known control points in order that: (a) The surface area can be verified as meeting size and retention/detention storage needs. The computer surface area at control elevation shall be shown to the nearest tenth of an acre. (b) It can be determined that the excavation was constructed within easements dedicated for that purpose. (3) (-4-) Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated during .... Do A certification from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off-site flooding. Go A certification from the project's surveyor/engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this division and any special stipulations placed upon the excavation permit. Words struck t~r,e, ugh are deleted, words underlined are added. 64 annual status report shall consist of no ]e~s than the followin~ information, and such other information as may be deemed necessary by the community development and environmental services administrator or designee, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excavation permit: (1) An annual aerial photograph with a scale of no less than one-inch equals 200 feet. (2) Depth of excavation soundings taken on a 300 feet grid. (3) The property lines of the commercial excavation site shall be shown on the aerial photograph. (4). At the completion of any lake or phase of the excavation permit, a sealed topographic map by the projects' surveyor/engineer shall be submitted in conformance to the preceding section 3.5.8.2.1, paragraph 2-A-(l). SUBSECTION 3.K. AMENDMENTS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION DIVISION Division 3.9., Vegetation Removal, Protection And Preservation, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION Sec. 3.9.6. Review procedures. Sec. 3.9.6.6.6. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new ~ un;.ts principal or accessory structures and maior additions to principal or accessory structures, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single- family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. SUBSECTION 3.L. AMENDMENTS TO SEA TURTLE PROTECTION DIVISION Division 3.10, Sea Turtle Protection, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.10. Sec. 3.10.9. 3.10.9.1. SEA TURTLE PROTECTION Permits and fees. Construction in a sea turtle nesting area permit. During the nesting season, construction within 100 feet of the nesting zone of a beach where sea turtles nest or may nest shall require a permit from the site development review director or his Words ......v ~' .....h ~r,~ deleted, words underlined are added. 65 3.10.9.2. 3.10.9.3. designee. The site development review director shall inform the applicant about sea turtle crawls and nesting. It shall be the responsibility of the applicant to ensure that all persons working on the permitted construction are similarly informed. All other required state and federal permits shall be obtained prior to a construction in sea turtle nesting area permit being issued. Turtle handling permit. It shall be unlawful to relocate or possess a sea turtle without first obtaining a permit from the development services director. The development services director shall issue said permit only to persons who have obtained a Florida Marine Turtle permit from the State of Florida department of natural resources prior to issuance of the Collier County permit. SUBSECTION 3.M. AMENDMENTS TO ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION DIVISION Division 3.11, Endangered, Threatened, Or Listed Species Protection, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION Sec. 3.11.2. Purpose. The purpose of this division is to protect species in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: a) Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened or species of special concern; b) United States Fish and Wildlife service (USFWS) as endangered or threatened; and c) Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) on Appendix 1, Appendix II, or Appendix III. Sec. 3.11.3. New and existing development. For new and existing development and construction pursuant to division[s] 3.2:3.3 and 3.9 of this code, and the building code of Collier County, until permanent guidelines and standards are adopted by Collier County, the following shall apply as interim guidelines or standards for the protection of endangered species, threatened species and species of special concern as prescribed by Goal 7 and associated objectives and policies, as amended, of the Conservation and Coastal Management Element of the Collier County Growth Management Plan: 3.11.3.1. Plans shall be submitted for review and subject to approval by the Planning Services_Department of the Community Development and Environmental Services Division, for the management of habitat and wildlife, including measures for protection and/or relocation of endangered and threatened species and_species of special concern. The_County shall consider and may utilize recommendations and letters of technical assistance of the FFWCC, and recommendations and guidelines of the USFWS, in issuing development orders on property containing Words struck t~rzug~ are deleted, words underlined are added. 66 3.11.3.2. endangered and threatened species and species of special concern. Such plans shall comply with current federal, state and local ordinances and policies. The USFWS South Florida Multi-Species Recovery Plan (May 1999, and~ emended) shall be adopted as minimum ~idelihes or standards to preserve or ~mprove the environmental conditions required for the protection and recovery of West Indian manatee (Trichechus manatus), Florida panther (Puma concolor coryi), Audubon's crested caracara (Polyborus plancus audubonii), Bald eagle (Haliaeetus leucocephalus), Florida scrub jay (Aphelocoma coerulescens), Piping plover (Charadrius melodus), Wood stork (Myceteria americana), Roseate tern (Stema dougalli dougalli), Red-cockaded woodpecker (Picoides borealis), American crocodile (Crocodylus acutus), Eastern indigo snake (Drymarchon corais coupeft), Green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and Loggerhead sea turtle (Caretta caretta). Until the adoption of federal guidelines for any of the above listed species, the developer shall be responsible for the development of a protection plan for conservation and management of these species. ies~ 3.11.3.4 Gopher Tortoise (Gopherus polyphemus) (1) All gopher tortoises, their habitats and the associated comensals are ere r0tecte _. .... It ,~,,t~ ..... J v .................... . ....... , ........ ~ It is expressly prohibited to take (h~ass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct) any gopher to~oise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. (2) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or molest take one by any means, unless otherwise provided for in this section. (3) Provision is hereby made to allow personnel authorized by c~+~ Fish ..a xxr:,a,;c~ e .... :~ Florida Fish and Wildlife Conservation Commission an~ o__r_r Collier County to house and relocate tortoises as necessary and provided for in this section. (4) When gopher tortoises are identified on a site, a protection/management plan or off site relocation plan shall be submitted to the Planning Services Department of the Community Development and Environmental Services Division, for review and approval. This shall apply to all new development and site improvements. It shall also apply to substantial amendments to existing development and site improvements, where Words struck thraugh are deleted, words underlined are added. 67 (5) (6) (7) gopher tortoise protection/management plans have not been previously approved by Collier County Planning Services Staff. The protection/management plan shall include, but not be limited to the following items: 1) a current gopher tortoise survey, which shall be field verified by Planning Services staff; 2) a proposal for either maintaining the population in place or relocating it; 3) a site plan identifying the boundaries of the gopher tortoise preserve; 4) the method of relocation if necessary; 5) the proposed supplemental plantings if needed; 6) a detail of the gopher tortoise fencing; 7) an annual maintenance plan describing exotic removal and possible additional plantings in the future and 8) identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in Section 3.9.5 Suitable habitat shall be defined as having the following characteristics: 1) the presence of well drained, sandy soils, which allow easy burrowing for gopher tortoises, 2) appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted), 3) generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground, and 4) typically, includes the presence of an existing gopher tortoise population. Off site relocation plans may be permitted to meet all or part of the on site gopher tortoise habitat preservation requirements under the following circumstances: a.) Where suitable habitat cannot ~e provided does not exist on site; or, b.) Where a property owner meets the minimum on site native vegetation_preservations requirements of this code with jurisdictional wetlands and thus does not provide appropriate habitat for gopher tortoises as described above; or, e0~3~qef~-a-~ite ;° les~ ~'~ ~ ....... :.n ~; .... ~ ~ upen ~ ~ c) Where scientific data has be~n presented to ;- *~ ~;-;~- ~t ........ v .........the Community Development & Environmental Services Administrator or their designee, and an en~ironmemfl professional opinion is rendered that the requirement to provide the required on site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. The State permit shall be obtained prior to any site improvements or gopher tortoise relocation. Where appropriate, a combination of on site preservation and off site relocation may be considered. When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than 5 tortoises per acre will be considered a suitable density. When identifying the native vegetation preservation requirement of Section 3.9.5. of this code for parcels containing gopher tortoises, priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10 of this code or if not platted, shall provide such Words str'.:ck t~r.vug~ are deleted, words underlined are added. 68 (8) (9) language on the approved site development plan. When a decision is made to allow off site relocation of gopher tortoises, it shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. Exemptions. Single family platted lots, 7.5 acres or less in size, shall be exempt from the requirements set forth in subsection 3.11.3.4 (4), when However, gopher munises tortoises shall be protected pursuant to paragraphs 1, and 2 and 3 of this section. Sec. 3.11.4. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this division. (Ord. No. 92-73, § 2) SUBSECTION 3.N. AMENDMENTS TO VEHICLE ON THE BEACH REGULATIONS DIVISION Division 3.14., Vehicle On The Beach Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS Sec. 3.14.3. Exceptions; permit. 3.14.3.4 Vehicle-on-the-beach permits issued in conjunction with special or annual beach events: Vehicles which are used in coniunction with functions on the beach, as permitted by an approved special event temporary use permit, or annual beach events permit, are exempt from the provisions of this division if a vehicle-on the- beach permit has been granted by the planning services director or his designee. All permits issued are subject to the following conditions and limitations: 3.14.3.4.1.The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. 3.14.3.4.2.Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection; 3.14.3.4.3.The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATV's. Words :truck tSr~ug~ are deleted, words underlined are added. 69 3.14.3.4.4. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. 3.14.3.4.5. Permits shall only be issued for ATV's when staff has determined that: 1) due to the distance and the excessive weight of the equipment to be moved that it would be prohibitive in nature to use push carts or dollies or 2) a limited designated work area has been established at the foot of the dune walkover for loading and 3.14.3.4.6. unloading and the ATV use is restricted to that limited area. When not in use all vehicles shall be stored off the beach; 3.14.3.4.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 3.14.3.5. Vehicle-on-the-beach permits issued in conjunction with permanent concession facilities: shall be exempt from the provisions of this division if a vehicle-on-the- beach permit has been granted by the planning services director or his designee. Vehicles which are used in conjunction with approved permitted beach concession activities may be used to set up concession equipment and may be used to remove the equipment from the beach and return it to the approved storage area, subject to the following conditions and limitations: 3.14.3.5.1. The types of vehicles permitted for this use may include ATV' s, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATV' s. 3.14.3.5.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.5.3. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. 3.14.3.5.4. Permits shall only be issued for ATV's when staff has determined that: 1) due to the distance and the excessive weight of the equipment to be moved that it would be prohibitive in nature to use push carts or dollies or 2) that a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3.14.3.5.5. When not in use all vehicles shall be stored off the beach[ 3.14.3.5.6. These vehicles may not be used for transportation of people or equipment throughout the day. 3.14.3.5.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 3.14.3.6. Vehicle-on-the-beach permits for other routine functions associated with permitted uses of commercial hotel property: Vehicles which are used in conjunction with tasks such as routine equipment set-up that cannot reasonably be accomplished without the use of such vehicle due to size, weight, volume and such, shall be exempt from the provisions of this division if a vehicle-on-the- beach permit has been granted by the planning services director or his designee, subject to the following conditions and limitations: 3.14.3.6.1. Use of the vehicle shall be limited to one-time set up and one-time removal of equipment each day. 3.14.3.6.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.6.3. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies. Words struck tkr.~ugh are deleted, words underlined are added. 70 3.14.3.6.4.Permits may be issued for ATV's only when staff has approved a limited, designated work area at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3.14.3.6.5.All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. 3.14.3.6.6. When not in use all vehicles shall be stored off the beach; 3.14.3.6.7.Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. SUBSECTION 3.0. AMENDMENTS TO DEFINITIONS DIVISION Division 6.3., Definitions, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS SUBSECTION 3.P: AMENDMENTS TO APPENDICES SECTION Appendix B, Appendix B Typical Street Sections And Right-Of-Way Design Standards, is hereby amended by replacing the existing Appendix B Typical Street Sections And Right-Of- Way Design Standards iljustrations with revised Appendix B Typical Street Sections And Right- Of-Way Design Standards iljustrations attached hereto and incorporated herein by reference as Exhibit "B". SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Words strgck t~mugh are deleted, words underlined are added. 71 SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: TIMOTHY J. CONSTANTINE, CHAIRMAN DWIGHT E. BROCK, CLERK Approved As To Form And Legal Sufficiency Marjorie M. Student Assistant County Attorney H:\ LDC CYCLE 2 - 2000\LDC ORD CYCLE 2 - 2000 Words struck t~reug~ are deleted, words underlined are added. 72 EXHIBIT "B" (APPENDIX "B") Words struck thrcug~ are deleted, words underlined are added. 73 Remove this Drawing from LDCB-4 COLLIER COUNTY LAND DEVELOPMENT' CODE k- Z UJ Z Supp. No. 8 LDGB:4 Words struck through are deleted, words underlined are added. 74 Replace LDCB-4 with this drawing. z o Words struck through are deleted, words underlined are added. 75 Remove this Drawing from LDCB-5 APPENDIX B--TYPICAL STREET SECTIONS LDCB:5 ...... ~ are deleted, words underlined are added. Words .......tSrcug~ 76 Replace LDCB-5 with this drawing. Words struck *~' ......~ ufo ...... e .....deleted, words underlined are added. 77 Remove this Drawing from LDCB-6 COLLIER COUNTY LAND DEVELOPMENT CODE Supp. No. $ LDCB:6 Words struck tkrough are deleted, words underlined are added. 78 Replace LDCB-6 with this drawing. Words struck through are deleted, words underlined are added. 79 Remove this Drawing from LDCB-7 APPENDIX B--TYPICAL STREET SECTIONS Supp. LDCB:7 Words struck through are deleted, words underlined are added. 80 Replace LDCB-7 with this drawing. x Words ......t. m .....~, ~r,~ deleted, words underlined are added. 81 Remove this Drawing from LDCB-8 COLLIER COUNTY LAND DEVELOPMENT CODE I. IJ O. 95-58, § 3, 11-1-95) No. 8 LDCB:8 Words struck thrc. ug~ are deleted, words underlined are added. 82 Replace LDCB-8 with this drawing. Words struck through are deleted, words underlined are added. 83 Lisa Roedel From: Sent: To: Subject: LDC-2000-2.8.doc Lisa Roedel Monday, November 20, 2000 2:33 PM 'paperrell@naplesnews.com' LDC~2000-2 LDC Amendments ( ! ).doe 1 November 20, 2000 Ms. Pam Pertell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition LDC-2000-2 Dear Pam: Please advertise the above referenced petition on Monday, November 27, 2000 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa K. Roedel, Deputy Clerk Enclosure Charge to: 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on WEDNESDAY, DECEMBER 13, 2000, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 5:05 P.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDING 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3. DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF "RESIDENTIAL HOTEL"; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR, ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. Ordinance No. LDC-2000-2, an Ordinance amending Ordinance No. 91-102, as amended, the Collier County Land Development Code. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, PH.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa K. Roedel, Deputy Clerk (SEAL) Lisa Roedel From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, November 20, 2000 2:36 PM LisaR@clerk.collier.fi.us Delivered: LDC-2000-2 LDC-20OO-2. <<LDC-2000-2>> Your message To: 'paperrell@naplesnews.com' Subject: LDC-2000-2 Sent: Mon, 20 Nov 2000 14:33:10 -0500 was delivered to the following recipient(s): Perrell, Pamela on Mort, 20 Nov 2000 14:36:14 -0500 Naples Daily News Naples,, FL 34102 Affidavit of Publication Naples Daily News ,, NOT. .aTeNT TO T.E GOODLAND '~' CON~IDEEQ~DINANCE AREA AND ~E ~Y- ~ Is h~ ~ven ~ORE DRI~ MIXED BORE0 OF COUNTY C0M~ZSS[ONERS ~ ~ WEDNESDAY, U~ OVERLAY DIS- MARGARET WATERS ~~ 13, ~, In; TROT; DI~I~ 2A. LANDSCAPING AND PO ~x 415015 :"the Boardroom, 3rd L~l~ Admlnlsfrofion ~RING; DIVISION NAPLES FL 54101-3016 ~, ~t1~ ~u~ [5, SIGNS;' DIVISION ~, ~1 2,6.' SUPPLEMENTAL ~~la~rall, DISTRICT ,EGULA- -~tes, F!orlda, the TIONS iNCLUDING BUT NOT LIMITED TO ~ ~ '~U~ ~m- SECTION 2.6.4, EX- mlss~ ~11 ~nsl~ REFERENCE: 0012~0 1~1~83126~91 me ~e~ of a Coun- CEPTIONS TO RE- ~ ~dl~e, The m~- QUIRED YARDS; SECTION 2.6.11, 58164224 LDC-2000-2 NOTZCE 0F Ins will ~m~ ~ FENCES: SECTION 5:05 P.~ The ~le of ~ DISPOSAL~ SECTION State of F Lor~da ~11~ Ordl~nce Is as 2.~1J~ SOLID WAS~ County of Collier "A~' ORDINANCE 2.6.21, DOCK FACILI- TIES: SECTION 2~, Before the undersigned author~ty~ personally AMENDING ORDI- MOTION PICTURE/ NANCE NUMBER ~EVISION ~UC- appeared Ph~ L Le~s, ~ho on oath say~ that he 91,10~ ~ AMENDED, TION P~MIT; ~D- serves as :he Editor and V~ce Presiden*~ of the THE COLLI~ COUN- ING 2.6.34, ANNUAL Naples Oa~ Ly Ne~s, a da~ Ly nevspaper published at TY ~D ~LOP- BEACH ~NT PER. Naples, ~n Collier County, FLorida: that the MENT C~E, WHICH MIT~ AND ~CTION IN~UDES ~E caM- 2.6.35, CO~UNICA- attached copy of advertising vas published ~n sa~d ~EHENSlVE ZONING TION TOWERS; nevspaper on dates L~sted. REGULATIONS FOR SION 2.7, ZONING Affiant further says that the sa~d Naples Oa~Ly THE U~NCORPORAT- ADMINISTRATION Ne~s ~s a newspaper published a~ Naples., ~n sa~d ED AREA OF C~LIER AND PROCEDURES; DIVf~ON 2.8. ARCHI- COUNTY, FLORIDA, Collier County~ FLorida, and that the se~d BY PROVIDING FOR: TEC~RAL AND SITE nevspape~ has heretofore been continuously SE~ION ONE, REClT- DESIGN STAND,DS published ~n sa~d Collier County~ FLor~da~ each A~ ~l~ ~O, AND GUiDELINES F~ FINOIN~ OF FACT: COMMERCIAL BUnD- day and has been enter~ as second class ma~L SECTION THREE, INGS AND PRO~ECTS; matter at the post off~ce ~n NapLes~ in sa~d ADOPTION OF ARTICLE 3, DE~L~- Collier County~ FLorida, for a period of I year AMENDMENTS TO MENT REQUIRE- THE ~D D~LOP- ~NTS, ~V~ION ~2. next preceding the f irst pubL~ cat Jan of the ~NT C~, MORE SUBDIVISIONS; DIVI. attached cooy of advertisement; and affiant SPECIFICALLY SION 3.3. SiTE DE~L- . OP~ENT PLANS; further says that she has neither pa~ nor ~NG THE FOL- DIVISION 3.4.~PLO, LOW~G: ARTICLE 2, promised any person, f)rm or corporat'~on any ZONI~, DIVISION 2.2. SIVES[ DIVIS~ discount, rebate, commission or refund for the ZONING DISTRICTS, EXCAVATION:' ~IVI* SION ~.9. purpose of securing thi~ aavertJsemen~ for PERMITTED USES, TION REMOVAL, CONDITIONAL U~S, ' PROTECTION A~ pubLic:~o~ ~n the se~d newspaper. ~MEN~NAL STAN- pR~ VATJ~ ALTERNATIVE A DECLARATION OF P~TIAL MORATORI- UM ON MULTI-FAMI- AD SPACE: 218.000 [NCH LY ~ND U~S F~ FILED 0N: 11/27/~ Swor~ to and Subscribed before m,~ this ;~ dayof ~: 2~__~dJ Personally known by me ~~ ,~A~ ,~;-',,- Nancy Evans :-,: :.=. MY COMMISSION # CC849570 EXPIRES .;.?,,:,~,;:£~.-.~ July 18, 200~ GERED, THREATEN- ED OR LISTED SPECIES PROTEl- TION: DIVISION 3,14. VEHICLE ON THE BEACH REGULA- TION.S_; ARTICLE DEFINITIONS, DIVI- SION ~1. DEFINITIONS INCLUDING · BUT NOT LIMITED TO THE DEFINITION OF 'RESI- DENTIAL" HOTEL"; APPENDIX B, TYPI- CAL STREET SEC- TIONS AND RIGHT- OF-WAY DESIGN STANDARDS; SEC- TION FOUR, ADOP- TION OF AMENDED ZONING ATLAS MAPS; SECTION FIVF,~ CON- FLICT AND SEVERA- BILITY; SECTIONJ SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOP- MENT CODE; AND SECTION SEVEN~ EF- FECTIVE DATE.. Ordinance No. LDC- 2000-2, an Ordinance amending Ordinance No. 91-102, as .amended, the Collier County Land De- velopment Code. C_(:~les Of the Ordinance are on file wm~ the Clerk to the Board and are available for Inspec- tion. All Interested are Invited to offend and be heard. NOTE: All persons wishing to speak on a.n¥ agenda ~em must reglS~ tar wrth 1fie County. Imtnlstrator prior to da Individual speakers will be limited to 5 mlnute~ oq behalf of en argarfizafion or grou. p l.s .enc~u.. raf~.d.. if recognlze~ .ay me man, a spo~espemgn .mr ~ group or organ]zoo.on nay be allotted-10 m~n-. Persons w~shlng 7o ~ave wrlffen or naferlals Included in the~ Joar.~ og~_.nda packe. ts. ~ust sub~lt said mateHat: a rninlmum of 3 weeks pr.l.o[... 'tq the respectlw public ~_earlng.. I~. a.n~ Cas~., wrlffefl mo/erlalS In tond~ed to be conslderm byfhe Board ~holl be sub miffed to the al~ragrlate'! ~ountY staff a .mltllmum~' ~f seven days [ae'~ar to.th.e! ~ublic hearing. All rnate~l-' ~1 used In presentations' ~efore the Board will be- come a permanent part of 1he record. An9 person w. ho..alecid: es to appeal a aeci.~mn m the Board will neea a re, cord of the ~oceedlngs ~hertalnlng thereto and erafare2 may need to ensure filat a verbatim record of the proceedings Is made, whlch recard ln: cludes the testimony ana evidence upor~ which the al~eal Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, PH.D., CHAIRMAN DWIGHT E. BROCK, CLERK B~./s/Lisa K. Roedel, Deputy Clerk J~AL) v. 27 No. 1721955 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Clerk to the Board: Please place the following as a: '~[ Nomml legal Advertisement [] Other: ~ay Adv., lodation, etc.~-,, ~ ~~ ~ Div: ~.Dev.S~.~lann~ng Person' ~~ Da~' /O -/~ -~ 'efifion No. 0fnone, give brief description):LDC-2000-2 'etitioner: (Name&Address): Don-Blalock - Collier County Planning Services 2800 N. Horseshoe Drive - .~ame & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Newspapm~s) %,0 be used: (Complete only ffimportant): XXX Naples Daily News Other Based on advertisement appe~ys before hearing. [] Legally Required Proposed Text: (Include legal description & common location & Size: LDC-2000-2 Land Development (See Attached Ad) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [~es [] No If Yes, what account should be charged for advertising costs: 113-138312-649110 ~ ~ ' '\,!,~ Approved by: Div County Manager Date List Attachments: Code DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: Amend [] County Manager agenda ~e: to C!erk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing:/~///~//~./ Date Advertised: NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, DECEMBER 13, 2000, at 5:05 P.M. in the Boardroom, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISiON PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF "RESIDENTIAL HOTEL" ; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. which will be effective within the unincorporated area of Collier County, Florida, and as stated in said Ordinance. The unincorporated area of Collier County is shown on the map in this advertisement All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D.,CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk LDC BCCAD 2 2 FAX TO: PAM PERRELL LOCATION: NAPLES DAILY NEWS FAX NO.: COMMENTS: (941)263-4703 Notice of Public Hearing to Consider Petition LDC-2000-2, Amendments to the Land Development Code FROH: LOCATIO N: FAX NO: PHONE NO: DATE SENT: Ellie Hoffman COLLIER COUNTY COURTHOUSE (941) 774-8408 (941) 774-8406 10/17/2000 SENT: 11:40A. M. # OF PAGES: (Including cover) 5 October 17, 2000 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition LDC 2000-02 Dear Pam: Please advertise the above referenced notice and map on Thursday, December 7, 2000. This advertisement should be no less than one-quarter page and the headline in the advertisement should he in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincer,ely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 000586 NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, DECEMBER 13, 2000, at 5:05 P.M. in the Boardroom, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR= SECTION ONE, RECITALS~ SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE I, AND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIG~S; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOP~ PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF ~ RESIDENTIAL HOTEL" ; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. which will be effective within the unincorporated area of Collier County, Florida, and as stated in said Ordinance. The unincorporated area of Collier County is shown on the map in this advertisement All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER,Ph.D.,CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk LDC BCC AD 2 -2- FAX TO: PAM PERRELL LOCATION: NAPLES DAILY NEWS FAX NO.: (941)263-4703 COMMENTS: Notice of Public Hearing to Consider Petition LDC-2000-02 and Map to be Advertised on December 7, 2000 FROM: Ellie Hoffman LOCATION:COLLIER COUNTY COURTHOUSE FAX NO'- PHONENO: DATE SENT: (941) 774-8408 (941) 774-8406 11/02/2000 SENT: 2:35 P.M. # OF PAGES: (Including cover) 5 November 2, 2000 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition LDC 2000-02 Dear Pam: Please disregard my previous request of October 17, 2000, to advertise the above referenced notice and kindly replace same with the attached. Kindly advertise the above referenced notice and map on Thursday, December 7, 2000. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to: 113-138312-649110 NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, December 13, 2000, at 5:05 P.M.. in the Boardroom, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NDMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR= SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDIN~ THE FOLLOWINg: ARTICLE 2, ZONING, DIVISION 2.2. ZONIN~ DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING THE ADOPTION OF GOODLAND ZONIN~ OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES FOR ~{E GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING! DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, SOLID WASTE DISPOSAL SECTION 2.6.15, FENCES; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDIN~ SECTION 2.6.34° ANNUAL BEACH EVENT PEI~MITS; 11/02/00 10:57 FAX 9416436968 COLLIER CO COMMUNITY DEV ~008/010 AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDUI~ES; DIVISXON 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR CO~RCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. ~XCAVATION; DIVISION 3.9. V~GETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGEI~ED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF ~ RESIDENTIAL HOTEL" ; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY~ SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. which will be effective within ~he unincorporated area o~ Collier County, Florida, and as stated in said Ordinance. The unincorporated area o£ Collier Co~ty is ehown on the ~ in this advertisement All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER,Ph.D.,CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk -2- 11/02/00 10:58 FAX 9416436968 COLI,IER CO COIqNUNITY I)EV [~010/010 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undea~igned they serve as the authority, personally appeared B. Lamb, who on oath says that they in the matter of PUBLIC NOTICE was published in said newspaper on December 7, 2000 1 lime m the issue Aff'larl furlher says that the said Naples Daily News is a newspaper published at Naples, in said Colli~r County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Coumy, Florida', distributed in Collier and Lee counties of Florida, each day and has be~n ~nt~red as second class mail matier at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the altashed copy of advertisement; and atToant further says that he has neither paid nor promised any person, fn'm or. corporation any discount, rebate, commission or refund for the purpose of securing this advs~semsnt for . ( Signatu/e of ~iant) ~vom to anti subscribe~ before me ~l~tis 7th da~, of December, 2000 I g~tu~ ef mmry public) Susan D Flora My Gommi~sion CC. 581717 Expires D~c. 10, 2000 Ordinance ORDINANCE, REGULATIONS FOR,'SEC. THE AREA OF! COLUER ONE, RECITALS: SECTION TWO, FINDINGS OF LAND SPECIFI( ARTICLE' 2,' ZONING DIMENSIONAL STANDRADS, INCLUDING~THE~ADOPTION DISTRICT OR IN THE ALTERNATIVE~A~DECLARAT10N OF .AND USES FOR DISTRICT; DIVISION 2.4: I~ANDSCAPIRGAND: SUPPLEMENTAL DISTRICT.' REGULATIONS .INCLUDING EXCEPTIONS TO' REQUIRED YARDS; S~.CTION FENCES; SECTIONS 2;6,21, 'DOCK 'FACILITIES ADDING SECTION 2.6.35, CO& DIVISION PROCEDURES; DIVISION 2.8. ARCHrrECTURALAND SITE AN; COMMERCIAL BUILDINGS AND PROJECTS; ARTCLE ~3~JJEVELOPMENT VISION 3.2. SUBDIVISIONS;DIVISION 3;3~ SITE' DEVELOPMENT PLANS; DIVISION DIVISION 3.5 EXCAVATIONl DIVISION 3;9,' VEGETATION REMOVAL, PROTECTION J)N; DIVISION 3,~0. 'SEA' TURTI. E~PROTECTION, DIVISION'3;11.*:i;.NDANI ) OR USTED SPECIES PROTECTION;DIVISION 3~14. VEHICLE ON THE BEACH LATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6~3;. DEFINITIONS INCLUDING BUY NOT LIMITEB' THE DEFINITION OF "RESIDENTIAL HOTEL";.APPENDIX B, TYPICAL STREET SECTIONS~AND OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS' SECTION FIVE. *CONFLICT AND ':SECTION SlXJINCLUSION LAND will ~ area of,.Co/lier shown ttm ) In In said thereto and, therefore, may need to ensuie . and evidence u~.n,,.~.~_~!~.al I, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA *~A ~.~, JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT , CLERK ~.~.7 ~. Maureen COUNTY ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35,COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES;DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT- OF.WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and WHEREAS, this is the second amendment to the LDC, Ordinance 91-102, for the calendar year 2000; and Words gtrt:ck t~rzt:g~ are deleted, words underlined are added. I WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on November 29, 2000 and December 13, 2000, and did take action concerning these amendments to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Star., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, Words struck t~mt:g~ are deleted, words underlined are added. 2 capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and' avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO ZONING DISTRICTS, PERMITTED CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION USES Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. Sec. 2.2.2. 2.2.2.3. ZONING DISTRICTS, PERMITTED DIMENSIONAL STANDARDS USES, CONDITIONAL USES, Rural agricultural district (A). Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: (1) Permits or letters of exemption from the US Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the Planning Services Director prior to Site Development Plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. Words sift:ok t~rm:g~ are deleted, words underlined are added. 3 (3) (4) (5) (6) The petitioner shall utilize only trails identified and approved on the Site Development Plan. Any existing trails shall be utilized before the establishment of new trails. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the Board of Zoning Appeals during the conditional use process. Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with State and United States Coast Guard regulations, if applicable. (9) The Board of Zoning Appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the Board of Zoning Appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the Board of Zoning Appeals may rescind the conditional use. Sec. 2.2.10 2.2.10.1 2.2.10.2. 2.2.10.2.1 Mobile home district (MH). Purpose and intent. The purpose and intent of the mobile home district (MH) is to provide lands for mobile homes and modular built homes as defined in this Land Development Code that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County growth management plan. The maximum density permissible in the mobile home district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the growth management plan. Permitted uses. The following uses are permitted as of the right or as uses accessory to permitted uses, in the mobile home district (MH). Permitted uses. 1. Mobile homes. Modular built homes. 33. Family care facilities, subject to section 2.6.26. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. Words struck thrcug~ are deleted, words underlined are added. 4 The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. Sec. 2.2.28. 2.2.28.3. Immokalee Overlay Districts. State Road 29 Commercial Overlay Subdistrict: Special conditions for the properties abutting SR-29, as identified ~ in the Immokalee Area Master Plan; referenced on Map 2; and further identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas Maps. Map 2 S.R. 2.9 COMMERCIAL OVERLAY SUBDISTRICT (SR2gCOSD) 2.2.28.3.3. 2.2.28.3.3.1. 2.2.28.3.3.2. 2.2.28.3.4. 2.2.28.3.5. 2.2.28.3.6. 2.2.28.3.7. 2.2.28.3.8. Development criteria. The following standards shall apply to all uses in this overlay sub-district. Access points to SR-29 shall comply with Florida State Department of Transportation permitting regulations. Parcels that do have a minimum of 440- feet of street frontage shall provide access off existing adjacent roadways, when possible, and should not access to SR-29. Owners of lots or combinations of lots having less than the required street frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. Shared parking arrangements between adjoining developments shall be encouraged. Deceleration and acceleration lanes shall be provided. Pedestrian traffic shall be encouraged by providing sidewalks. The location of these sidewalks shall be coordinated with adjacent projects. Buildings shall be set back from SR-29 a minimum of 25 feet and from the rear lot line a minimum of 25 feet. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide a ten-foot Type A landscape buffer as described in section 2.4 Words struck through are deleted, words underlined are added. 5 between vehicular rights-of-way with required sidewalks and adjacent residential development. Adjacent cormnercial projects shall provide coordinated landscape plans. 2.2.28.3.9. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide A--an area equal to a minimum of two and one-half percent of the total interior vehicular use area which shall be landscaped to provide visual relief. 2.2.28.3.10.Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with section 2.4.5 of this code. 2.2.28.3.40.11 Buildings shall have a maximum height of 50 feet. 2.2.28.4. Jefferson Avenue Commercial Overlay Subdistrict: Special conditions for the properties abutting Jefferson Avenue as identified o~ in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. Map 3 JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT (JACOSD) 2.2.28.4.3. 2.2.28.4.3.1. 2.2.28.4.3.2. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. Access points for future commercial development shall be limited to a maximum of one per 150 feet of street frontage. Properties with less than the required street frontage, shall be encouraged to utilize shared access points with adjoining commercial development. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. Words struzk through are deleted, words underlined are added. 6 2.2.28.4.4. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide ~ a ten-foot Type A landscape buffer as identified in section 2.4.5 of this Code sha!l be prey[deal on Jefferson Avenue fe, r a!! czmmerc~al 2.2.28.4.4.1.Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with Section 2.4.5 of this Code. 2.2.28.8 Main Street Overlay Subdistrict: Main Street Overlay Subdistrict: special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. Map 7 MAIN STREET OV~RI. AY SUBDISTRICT 2.2.28.8.5 Prohibited Uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this subdistrict, and the following uses, shall be prohibited in the Main Street Overlay Subdistrict: Communication Towers, as defined in section 2.6.35 of this code, are prohibited except as an accessory or stand alone essential service use. Such towers are a permitted use up to a height of 75 feet above grade, inclusive of antennas. Such towers that exceed such height shall require site specific conditional use approval. 40.11. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this subdistrict shall be prohibited. Words struck t~reug~ are deleted, words underlined are added. 7 2.2.28.8.7 Conditional uses. Uses permitted in the underlying zoning districts contained within this subdistrict, subject to the standards and procedures established in section 2.7.4 and as set forth below: A. Local and Suburban passenger transportation (groups 4131 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. 2.2.28.8.12 2.2.28.8.13 Commercial design guidelines. Subject to provisions of division 2.8., Architectural and Site Design Standards for Commercial Buildings and Projects, except as set forth below: Properties having frontage on Main Street or First Street or Ninth Street are required to locate its primary business entrance on that street. Parcels fronting both Main Street and First Street or both Main Street and Ninth Street are required to locate their primary business entrance on Main Street. Reflective or darkly tinted glass is prohibited on ground floor windows. Properties with less than 50 feet of road frontage shall only require a minimum of one roof change. Commercial projects 5,000 square feet in size or less shall only require a minimum of two design features, as described within section 2.8.4.4.6 of this code. To encourage redevelopment within the Main Street Overlay Subdistrict, for proposed redevelopment of existing projects that do not increase impervious surface area and whose total building area is less than or equal to 5,000 square feet in size, the applicant shall be exempt from section 2.4.3.1. of the landscaping and buffering provisions, requiring the seal of a landscape architect and shall also be exempt from division 2.8., Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, requiring the seal of an architect. The minimum commercial design criteria, as set forth above, are shall net b_.e applicable to projects with a total building square footage of less than or equal to b~r-eamr-tha~ 5,000 square feet h,,-si-z~. Landscaping and buffering. Subject to provisions of division 2.4, of this code, except as set forth below: To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses, except where otherwise prohibited by this subdistricts The following landscape buffering criteria shall be applicable to projects with a total building square footage of less than or equal to 5,000 square feet: a. properties adjacent to residentially zoned lots/parcels shall provide a minimum 10 foot wide landscape buffer, 6 ~ foot i~ ~ high hedge or wall (4 feet at planting; 6 feet within one year) with trees spaced no more than 25 feet on center; b. properties adjacent to commercially zoned lots/parcels shall provide a minimum 5 foot wide landscape ~ ~:-~ ....... : ..... buffer ,,c ~ ~,~; .... :~ with a single row hedge "';*~- and trees spaced no more than 30 feet on center, _. oh~, ~. ...... :~ ~,^~ ~, ~ The hedge shall at a minimum consist of 3 gallon plants, 2 feet in height spaced a minimum of 3 feet on center at planting. c. a minimum 5 foot buffer, with at least two trees o~ eac~ per lot/parcel or one tree per 40 linear feet whichever is greater, shall be required adjacent to all rights-of-way; d. lots/parcels that are unable to meet the above minimum landscape criteria, shall be required to provide landscape Words struzk through are deleted, words underlined are added. 8 planters and/or flower boxes for each such property, as recommended by the county landscape architect or county planning director; and the. ~:~; ,.~ not a cable to Section 2.2.33. Bayshore Drive Mixed Use Overlay District. 2.2.33 Bayshore Drive Mixed Use Overlay District: special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 2.2.33.1 Purpose and intent. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small-scale mixed use development. This district is intended to: revitalize the commercial and residential development along this corridor; enhance the waterfront; encourage on-street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby single-family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. 2.2.33.2 Applicability. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. Words siridek thraugh are deleted, words underlined are added. 9 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT 2.2.33.3 2.2.33.4 BMUD Map 1 Iljustrations used in this section are solely intended to provide a graphic example of a specific standard or standards set forth herein and not as requirements the for style of specifics projects. Variations from these iljustrations, which nonetheless adhere to the provisions of this section, are permitted. Subdistricts. There are five subdistricts identified within the Bayshore Mixed Use District: Neighborhood Commercial; Waterfront; Residential One; Residential Two; and Residential Neighborhood Commercial. The boundaries of these subdistricts are identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. Uses and standards for each subdistrict are specified. In the event that parcels are assembled that include parcels fronting Bayshore Drive and Words struck through are deleted, words underlined are added. 10 extending to the end of the overlay boundary, a mixed-use development is permissible and may include all of the uses specified in the corresponding neighborhood commercial and residential subdistricts, provided the most restrictive landscaping and buffering requirements will apply to development abutting any residential district. 2.2.33.5 Neighborhood Commercial Subdistrict. The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian-oriented. 2.2.33.6 Permitted uses. For all of the properties located within the Neighborhood Commercial Subdistrict, as indicated on BMUD Map 1, the Bayshore Drive Mixed Use Overlay District, the following uses are permitted as of right in this subdistrict: Do fo Do to w° Xo yo aa. bb. dd. Accounting, auditing and bookkeeping services (8721). Amusement and recreation services (groups 7911,7991, Apparel and accessory stores (groups 5611-5699). Barber shops (7241). Beauty shops (7231). Business services (groups 7311, 7313, 7322-7338, 7384). Eating places (5812 except concession stands, contract feeding, dinner theaters, drive-in restaurants, fast food restaurants, food service (institutional), industrial feeding). Food stores (groups 5411 except convenience stores, and supermarkets, 5421-5499). General merchandise stores (5331~5399). Offices for engineering, architectural, and surveying services (groups 8711-8713). Health services (8011-8049, 8082). Home furniture, furnishing and equipment stores (groups 5714-5719, 5731-5736). Hotels and Motels (7011 except hostels). Insurance carriers, agents and brokers (groups 6311-6361,6411). Legal services (8111). Management and public relations services (groups 8741-8743, 8748). Membership organizations (8611-8699). Miscellaneous repair services, (7629, 7629 except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines and 7631). Miscellaneous retail services (5912, 5932 -5949, 5992-5999). Museums and art galleries (8412). Personal services (groups 7212, 7291) Photographic studios (7221). Public administration (groups 9111-9199, 9229, 9311,9411-9451, 9511- 9532, 9611-9661). Real estate (groups 6531-6541). Security and commodity brokers, dealer, exchanges and services (groups 6211-6289) Shoe repair shops and shoeshine parlors (7251). United States Postal Service (4311 except major distribution center). Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record services only, all excluding outdoor kenneling). Videotape rental (7841) Residential uses with the following limitations: multi-family uses are permitted above commercial uses on lots fronting Bayshore Drive, no single family units are permitted on lots fronting Bayshore Drive 2.2.33.7 Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this district, and the following Words str ..........6h are deleted, words underlined are added. 11 additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay District: go mo so to Gasoline service stations (5541). Outdoor storage or merchandising unless specifically permitted by other provisions of this BMUD. Drive-through establishments such as restaurants, banks, pharmacies, dry cleaning, and other drive-through establishments. Single-use "big box" establishments over 15,000 sq. ft. Automotive dealers.(5511,5521) Automotive repairs (7532-7539,7549) Boat dealers (5551) Carwashes.(7542) Agricultural services (0711-0783) Kennels and veterinary services.(0752,0279,7948) Building material sales (5211) Warehousing(4225) Communication towers Bars, lounges, bottle clubs (5921,5813). Convenience stores. (5411) Sexually oriented businesses. (as defined in Ordinance 91-83). Laundromats.(7215) Tattoo parlors.(7299) Labor pools.(7363) Homeless shelters or soup kitchens (8322 and 8361) Commercial parking lots (7521) shall not be permitted on parcels that have water access Pawn Shops. (5932) Title Loans. (6541) Self and mini storage units. (4225-4226) 2.2.33.8. Accessory uses. 2.2.33.9. Uses al~d structures that are accessory and incidental to the permitted uses allowed within in this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. 3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront District (W) subdistricts, as indicated on BMUD Map 4/1, may construct a dock provided the lots are under the same ownership and have been approved by the planning services department director. a site development plan shall be submitted to the planning services department director. Conditional Uses. The following uses are permitted as conditional uses in the sub- district subject to the standards and procedures established in division 2.7.4. a. Child Care centers and adult day care centers (8351) b. Churches and houses of worship (8661) 2.2.33.10. Outdoor display and sale o_f merchandise. The following regulations govern the outdoor display and sale of merchandise. No automatic food and drinking vending machines or public pay phones are permitted outside of any structure. Newspaper vending machines will be limited to two machines per project site and must be architecturally integrated within the project site. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: Words struck t~rm:g~ are deleted, words underlined are added. 12 The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. The outdoor display/sale of merchandise is permitted on improved commercially-zoned properties and is subject to the submission of a site development plan that demonstrates that provision will be made to adequately address the following: Vehicular and pedestrian traffic safety measures. 2. Location of sale/display of merchandise in relation to parking areas. Fire protection measures. Limited hours of operation from dawn until dusk. 5. Merchandise must be displayed in a vendor cart that complements the architectural style of the building that it is accessory to. 6. Vendor carts located on sidewalks must afford a five-foot clearance for non-obstructed pedestrian traffic. 2.2.33.11 Dimensional standards. 2.2.33.11.1 Minimum Yard requirements. o o o Front yards- At five (5) feet, eighty (80) percent of the structure must be located at the required front setback line. In-fill projects may vary from this front setback line in order to keep a consistent front yard with adjacent exiting structures. Side yards -Five (5) feet, except when abutting the residential district then it will be 15 feet. Rear yards - Twenty (20) feet. Waterfront- Twenty-five (25) feet- outdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback. Buildings located on Bayshore Drive will have their first floor elevation level with the sidewalk. The first floor of the buildings must be utilized for commercial purposes. Where possible buildings facing Bayshore Drive wrap around the comer as depicted on BMUD Figure 1. To allow the maximum use of the waterfront, building placement on a lot can vary from the required setbacks, provided such variation is recommended by the CRA staff and county architect and approved by the planning director. 2.2.33.11.2 Maximum Density. For the residential component- 12 units per acre as required by the future land use element of the growth management plan. 2.2.33.11.3 Minimum floor area. Seven-hundred (700) square foot gross floor area for each building on the ground floor. 2.2.33.11.4 Maximum height o[ structures. Commercial use buildings are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. Buildings containing only residential uses are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. Buildings containing mixed-use residential over commercial uses shall be limited to a maximum height of four stories or 56 feet above the sidewalk grade to the building eave. Words struck t?.reug~ are deleted, words underlined are added. 13 The first floor of the building at the sidewalk level shall be no less than 12 feet in height from the finished floor to the finished ceiling and shall be occupied by commercial uses only. Buildings containing commercial or residential uses are required to a minimum depth of 35 feet from the front setback line on all floors. The remaining depth may be used for parking. BMUD Figure 1- Plan of a typical corner lot development 2.2.33.12 Parking Standards o Three spaces per 1000 square feet of floor area open to the general public for commercial use Minimum one (1) parking space for each residential unit. Outdoor caf~ areas shall be exempt from parking calculations. Access to the off-street parking facility must be from the local street unless restricted due to lot size. Should the property owner develop on-street parking spaces on local streets within the same block of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. On-street parking on local streets excluding Bayshore Drive requires an agreement with the County to use the public right of way for parking. Angle or parallel parking (as depicted on BMUD Figure 2) is permissible based on the site development plan as approved by the planning services department and built to county standards. The property owner must agree to maintain that portion of the public right-of-way where the parking is located. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront District (W) subdistricts, as indicated on BMUD Map 4/1, may be used for off-site parking provided the lots are under the same ownership, meet the standards of subsection 2.3.4.1.2.c.2. of this code and have been approved by the planning services department director. a site development plan shall be submitted to the planning services department director. Words str'.:'ck tSrm:gS are deleted, words underlined are added. 14 BMUD Figure 2 - Typical on-street parking on local streets o ~ 10. On-street parking on Bayshore Drive shall be made available to the property owner on a first come first serve basis at the time of site development plan (SDP) or site improvement plan (SIP) approval provided the parking does not interfere with the on-street bike lanes and is located within the block in which the block that the property it serves is located. Construction ol~ renovation of any building must occur within 90 days of the SDP or SIP approval and be completed within six months of commencement in order to secure the on-street parking spaces. Due to circumstances beyond the control of the applicant the property owner may request an extension from the planning services director. These spaces must be used toward the fulfillment of the parking requirements set forth herein. The off-site parking requirements of section 2.3.4.11 of the code shall apply except for the requirements of subsection 2.3.4.11 (4) (g). Vehicular egress points may be located on local streets opposite residential homes provided they are within the Bayshore Mixed Use Overlay District. Off-site parking facilities outside of the BMUD are subject to all of the requirements of subsection 2.3.4.11 of the code. Shared Parking requirements shall be consistent with those provided in Section 2.3.5 of the LDC code except that the Planning Services Department Director can approve or deny requests instead of the board of zoning appeals or planning commission and under Section 2.3.5.3.3, shared parking spaces can be separated by Bayshore Drive provide the two properties are located with the BMUD. 2.2.33.13 Landscaping. As required by division 2.4 of this code unless specified otherwise below: Words strt:ck t~re. ag~ are deleted, words underlined are added. 15 2.2.33.13.1. Special buffer requirements for development areas contiguous to residentially zoned property. A fifteen- foot wide landscape buffer area shall be required. This area shall include a six (6) foot high wall, fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in height at the time of planting Landscaping shall be on the residential side of the wall. 2.2.33.13.2. Landscape buffer requirements for multifamily residential development adjacent to single family residential property. A ten-foot- wide Type B landscape buffer with narrow canopies proportionate to the narrow buffer space shall be required. 2.2.33.13.3 Landscape buffer requirements where vehicular use areas abut the waterfront. A double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year shall be required. 2.2.33.13.4 Rear Landscaping Requirements for neighborhood Commercial and Waterfront Districts adjacent to the waterfront. A five foot Type D landscape buffer with a canal walkway is required. The walkway shall be a minimum of six- feet- wide and consist of an impervious surface walkway. Walkways must be designed and located to provide an interconnection between adjacent properties wherever possible. Marinas may be exempted from this provision due to safety provisions if approved by the planning services director. 2.2.33.13.5 Landscape requirements for properties_fronting Bayshore Drive. The intent is to i. ntegrate the right- of- way and building front with decorative pavement that is consistent with the Bayshore Beautification hardscape. Landscaping shall be consistent with the Bayshore Beautification Plan. 2.2.33.13.6. Landscape screening of mechanical equipment. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves or be screened with a three-foot high hedge, spaced three feet on center. 2.2.33.13.7. Landscape buffer requirements for marina development contiguous to residentially zoned property. A twenty- foot- wide landscape buffer area is required. Such buffer must include a minimum six (6) foot high wall, fence, berm, or combination thereof, a double row of trees spaced no more than 20 feet on center, and a double row of shrubs at least 24 inches height at time of planting. Landscaping shall be on the residential side of the wall. 2.2.33.14 Special Provisions. Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subject to sprinkler requirements but only from the potable water supply without requirements for backflow protection. Loading docks and service areas shall not be allowed on the frontage line. 2.2.33.15 Architectural Standards. 1. All buildings shall meet the requirements set forth in division 2.8 unless otherwise specified below: 2. All buildings adjacent to Bayshore Drive will have the principal pedestrian entrance fronting Bayshore Drive 3. Thirty-five percent of the building faqade that faces Bayshore Drive will be clear glass 4. Attached building awnings may encroach over the setback line by a maximum of five feet. 5. Neon colors shall not be used as accent colors 2.2.33.16 Signs. As required by Division 2.5 unless specified below: One wall sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel provided such sign does not exceed 20 percent of the total square footage of the visual facade Words struck thrm:gh are deleted, words underlined are added. 16 o of the building to which the sign will be attached and shall not exceed 65 square feet in area in area. In addition, hanging or projection signs are permitted provided such signs do not exceed 6 square feet, and shall not project more than 4 feet from the building on which the sign will be attached. The sign shall be elevated to a minimum of 8 feet above any pedestrian way and shall not exceed a height of 12 feet. No freestanding signs shall be permitted. In addition, the vertical drip of an awning may be stenciled with letters no more than 8 inches in height and not to exceed one-third of the length of the canopy. Parcels adjacent to the waterfront may have one additional sign to be placed on the fagade which faces the waterfront provided it meets all of the above requirements. Corner buildings or corner units within multiple tenant buildings may have one additional wall sign provided both signs are not placed on the same wall. No internally lit cabinet signs shall be permitted. 2.2.33.17 Waterfront subdistrict - The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. 2.2.33.18 Permitted Uses: All uses permitted within the Neighborhood Commercial Subdistrict are permitted. Marinas. (group 4493. except all repair, storage and sales of boats must be conducted in a covered area or area internal to the site.) Boats available for rental purposes shall be located in the water or properly screened from the roadways..No outside display of boats for sale or rent shall be visible from Bayshore Drive. 2.2.33.19 Conditional Uses-Marina a. Fuel facilities (if permitted, the fueling station canopy must be architecturally consistent with the building design.) 2.2.33.20 Special conditions [or marinas All repair and storage shall not be visible from the local street. All sales of boats shall occur in a covered area that is architecturally fo consistent with the building it serves. Boats available for rental purposes shall be located in the water or properly screened from the local roadways. No outside display of boats for sale or rent shall be visible from Bayshore Drive. All boat racks shall be enclosed. Height of structures may be increased to a maximum height of fifty (50) feet by the board of zoning appeals (BZA) upon approval of a variance petition. The BZA, in addition to the findings in section 2.7.5, shall consider the following: will a literal interpretation of the provisions of this zoning code impose a financial hardship on the applicant. 2.2.33.21 Parking 1. Parking requirements are the same as those set forth in the Neighborhood Commercial subdistrict. 2. Marinas- one parking space per five dry boat storage spaces. Words struck t~rcug~ are deleted, words underlined are added. 17 2.2.33.21.1 On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach on residential developments. 2.2.33.22 Residential Subdistrict 1 (R1). The purpose of this subdistrict is to encourage the development of multifamily residences as a transitional use between commercial and single-family development. The multifamily buildings shall be compatible with the building patterns and faqade articulation of traditional neighborhood design. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. 2.2.33.22.1 Permitted uses. The following uses are permitted as of right. a. Single -family dwellings b. Two-family dwellings c. Townhouses d. Multi-family dwellings 2.2.33.22.2 Uses accessory to permitted uses. 1. Uses and structures that are accessory to and incidental to permitted as of right. 2. Private docks and boathouses subject to section 2.6.21 and 2.6.22. the uses 2.2.33.22.3 Minimum lot width: Single-family: 50 feet. Two-family: 50 feet. Townhouses 25 feet Multi-family 100 feet. 2.2.33.22.4 R-1 Yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. Front Yard At*Min. Side Yard Min. Rear Yard 7-1/2 feet unless One (Single) Family10 feet abutting commercial15 feet Dwelling Units property, then 5 feet 5 feet unless abutting Two Family 10 feet single family unit,15 feet Dwelling Units then 7.5 feet 0 feet when abutting another townhouse, if Townhouse 10 feet not then the same 15 feet standards as a two family dwelling unit. Multiple Family 5 feet unless abutting (Three or more) 10 feet single family unit,15 feet Dwelling Units then 7.5 feet *Shall be 10 feet from the property line to the building footprint. 2.2.33.22.5Minimum floor area: 750 square feet per unit 2.2.33.22.6 Maximum height of structures: (Measured from Federal Emergency Management Agency (FEMA ) to building eave) 1. Principal structures. Three habitable floors or a measure of 40 feet. Words struck through are deleted, words underlined are added. 18 o Accessory structures. 15 feet except for screen enclosures, which may be the same height as the principal structure but in no event greater than 35 feet. 2.2.33.22.7 Minimum off-street parking. Minimum off-street parking is one space per dwelling unit. There shall be no visible parking area from the frontage road. 2.2.33.22.8 On street parking requirements.(RESERVED) 2.2.33.22.9 Building placement and design. Buildings and their elements shall adhere to the following: (See BMUD figure 3): o o Buildings shall be divided using articulation and/or modulation at least every 80 feet. Facade modulation is stepping back or extending forward a portion of the faqade at least 6 feet measured perpendicular to the front faqade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. The primary residence shall be oriented to the street. Orientation is achieved by the provision of a front faqade including an entry door that faces the street. On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. All mechanical equipment must be screened with a three-foot high hedge spaced three feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. Stem wall construction is required, no monolithic construction is allowed. 2.2.33.22.10 Elevation. Buildings shall adhere to the following elevation requirements: o The first habitable floor at the street facade may not be greater than one foot over the minimum first floor elevation designated in the National Flood Insurance Program by the Federal Emergency Management Agency (FEMA). A maximum of 40% of the first habitable floor may be greater than one foot over the FEMA-designated minimum first floor elevation. Open stilt-type construction is not permitted. On front yards, the faqade area below the first floor must be treated with a solid faqade or lattice which is consistent with the architectural style of the building. The garage floor shall not exceed 24 inches above the elevation of the right-of-way from which it is accessed. 2.2.33.22.11 Front Porches. Front porches that adhere to the following standards may encroach seven (7) feet into the front yard setback, with an additional three (3) foot encroachment allowable for entry stairs. o Front porches must cover a minimum of 40% of the horizontal length of the front yard faqade of the primary residence. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. Front porches shall not be air-conditioned nor enclosed with glass, screen, or other material. Second-story porches are encouraged, but no enclosed room is permitted above the front porch. 2.2.33.22.12 Garages and driveways. ° The rear setback may be reduced to 10 feet if a front-access garage is constructed on the rear of the residence. Garage doors shall have a maximum width of 16 feet. Words struck thrzug~ are deleted, words underlined are added. 19 Only one driveway is allowed per 50 linear feet of front property line. The driveway shall have a maximum width of 18 feet in the right-of-way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. Garages shall be recessed a minimum of three (3) feet behind the front fagade of the primary residence. No carports are permitted. 2.2.33.22.13 Accessory Units. An accessory unit is a separate structure located at the rear of the property and related to the primary residence for uses which include, but are not limited to: library, studio, workshop, playroom, or guest quarters. Ownership of an accessory unit may not be transferred independently of the primary residence. The following regulations regarding accessory units apply: o Only one accessory unit is permitted per primary residence. The maximum area of an accessory unit is 550 square feet, limited to one habitable floor. The accessory unit may be above or on the side of a garage and may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight feet in width. The maximum height of a structure containing a guest unit over a garage is limited to 18 feet, measured from the level of graded lot to the cave, and with a maximum overall building height of 24 feet to the top of the roof. A structure containing only a guest unit is limited to one story and 10 feet, measured from the FEMA first habitable floor height requirement to the cave, with a maximum overall building height of 16 feet to the top of the roof. For purposes of calculating density, an accessory unit will count as one- half a dwelling unit. 2.2.33.22.14Density. Maximum 12 units per acre, or as consistent with the future land use element growth management plan. 2.2.33.23 Residential Subdistrict 2 (R2). The purpose of this subdistrict is to encourage the development of multifamily residences as transitional uses between commercial and single-family development. The multifamily buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. Development standards for the subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. 2.2.33.23.1 R-2 Yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. Front Yard At*Min. Side Yard Min. Rear Yard One (Single) Family25 feet 7.5 feet 15 feet Dwelling Units 6 feet unless abutting Two Family 25 feet single family unit,15 feet Dwelling Units then 7.5 feet 6 feet unless abutting Townhouse 25 feet single family unit,15 feet then 7.5 feet Multiple Family 6 feet unless abutting (Three or more) 25 feet single family unit,15 feet Dwelling Units then 7.5 feet *Shall be 25 feet from the property line to the building footprint. Words struck threug~ are deleted, words underlined are added. 20 2.2.33.24 Residential Neighborhood Commercial Subdistrict (RNC). The purpose and intent of this subdistrict is to allow limited home occupational businesses. Home occupations as required in section 2.6.20, shall apply unless specified otherwise below. Development standards for the subdistrict are the same as those set forth for the Residential Subdistrict 2, unless otherwise set forth below. 2.2.33.24.1 The home occupations permitted include: accounting, auditing and bookkeeping, services, barber shops, beauty salons, engineer or architectural services, insurance agents and brokers, legal services, real estate agents. 2.2.33.24.2 The home occupation shall be clearly incidental to and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the dwelling unit. The following conditions shall be met: 1. The resident of the home shall be the owner and operator of the business. The business shall not occupy more than 30% of the primary residential structure. o The business shall not employee more than two employees at any given time. Parking requirements must be met that are consistent with the parking requirements outlined in the Neighborhood Commercial Subdistrict of this code. Employees, customers or clients of the home occupation business are permitted to travel to and from the residence. 2.2.33.25. Effective date. This section, known as the Bayshore Mixed Use Overlay District shall not become legally effective until the comprehensive plan amendment, adapted December 12, 2000 as Ordinance Number 2000- 87, upon which this section is based becomes legally effective.. BMUD Figure 3-Typical front elevation for residential development. Words gtruc,v. through are deleted, words underlined are added. 21 Sec. 2.2.34. Goodland Zoning Overlay (GZO) District 2.2.34.1 Purpose and intent: To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland.. The Goodland Zoning Overlay District (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected, and preserved and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. 2.2.34.2 Geographic boundaries: The boundaries of the Goodland Zoning Overlay District are delineated on Map 1 below. 892 :~1 PEAR TR[-F' AVFNUF ~-- MANGO AVF NU~ COCONU I AVt NUF PAl M AVENUE ¥R GOODLAND ZONING OVERLAY BOUNDARY GZO MAP 1 Words str',m!: t~rcug.h are deleted, words underlined are added. 22 2.2.34.3 2.2.34.4 2.2.34.4.1 2.2.34.4.2 Applicability: These regulations apply to the above-described geographic area. These regulations are intended to supplement the existing land development regulations found in this code. In the event of a conflict between other provisions of this Code and these regulations, these regulations contained in this overlay shall control. Development criteria. The development criteria and standards for each zoning district in Goodland as provided for in this code shall apply for all uses and structures in this overlay district unless specifically superseded below. Maximum building height. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use provided that no residential building may contain more than two (2) levels of habitable space. Minimum lot requirements. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use except for the following: Single family/Mobile Home: Minimum Lot area: 4,275 square feet. Minimum Lot width: 45 feet. SUBSECTION 3.B. AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. Sec. 2.4.4. LANDSCAPING AND BUFFERING Plant material standards and installation standards. 2.4.4.12 2.4.4.12.1 2.4.4.12.2 2.4.4.12.3 2.4.4.12.4 2.4.4.12.5 2.4.4.12.6 2.4.4.12.7 2.4.4.12.8 2.4.4.12.9 2.4.4.12.10 2.4.4.12.11 2.4.4.12.12 Prohibited Exotic Species. the following species or seeds thereof shall not be transported inter-county or intra-county. Melaleuca spp. (punk tree). Schinus terebinthifolius (Brazilian pepper). Any member of the family Casuarinaceae (Australian pine). Rhodomyrtus tomentosa (downy rosemyrtle). Dioscorea bulbifera (air potato) Colubrina asiatica (lather leaf). Lygodium spp. (climbing fern). Syzygium cumini (Java plum). Mimosa pigra (catclaw mimosa). Acacia auriculiformis (earleaf acacia). Albizia lebbeck (Women's tongue). Cupaniopsis anacardioides (Carrotwood) In addition to the prohibitions outlined in section 2.4.4.11, grown, offered for sale, or Sec. 2.4.6. Minimum Landscaping requirements. Words gtruc!~ t~rcug~ are deleted, words underlined are added. 23 Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to subsection 2.4.4.11. Trees shall meet the requirements of section 2.4.4.2. Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 2.4.6.4. Communication towers. An 8 foot high, 100% architecturally finished opaque wall must screen the security fencing that surrounds a tower base. In addition, landscaping must be located on the outside of such wall. The hedge requirement must also be planted around any ground level guy anchors. The entire perimeter of this wall shall be landscaped in at least one of the following ways so as to provide the equivalent of minimum code size trees located 25 feet on center and a 3 foot high hedge planted 3 feet on center (a) (b) (c) If native vegetation is present within the parcel, a minimum 20 foot wide buffer strip must be preserved and used toward meeting the tree and hedge planting requirement. If native vegetation is present, but not dense enough to meet the equivalent of the tree and hedge requirements, it must be supplemented with plantings to meet the tree and hedge requirements. On sites where no native vegetation is present, a 15 foot wide landscape buffer with minimum code size trees located 25 feet on center and a 3 foot high hedge planted 3 feet on center must be planted. At the discretion of the county landscape architect, some or all of these landscape buffering requirements may be displaced to a right-of-way landscape buffer located within the parcel when it better serves the public interest of screening the communication tower. -2-:4-:6A. 2.4.6.5 Littoral zone planting. All developments that create lake areas shall provide littoral zone plantings of emergent, aquatic vegetation in accordance with Section 3.5.7.2.5. 2.4.6.&6. Building perimeter plantings. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses shall provide building perimeter plantings in the amount of 100 square feet per 1,000 square feet of proposed building ground level floor area. These planting areas shall be located adjacent to the building and shall consist of landscape areas, raised planters or planter boxes that are a minimum of five feet wide. Water management areas shall not be a part of this five-foot planting area. Sec. 2.4.7. Minimum landscape buffering and screening between uses. 2.4.7.4. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. Words struck thrcug~ are deleted, words underlined are added. 24 Alternative B: Fi~en-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a m:.n;~mum maximum four feet on center at planting. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six- foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood Center District shall be exempt from the right-of-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50% of the 25 foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. Alternative D: A landscape buffer shall be required adjacent to any road right-of- way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at3east 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development. A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 2.4.4.3.2.4.4.4. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous single row hedge a minimum of 24 inches in height spaced 3 feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design.. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. The remaining area of the required landscape buffer shall cc, ns~st of must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. SUBSECTION 3.C. AMENDMENTS TO SIGNS DIVISION Division 2.5., Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Words struc!z thr.~ug~ are deleted, words underlined are added. 25 DIVISION 2.5. Sec. 2.5.5. 2.5.5.1.6. SIGNS Permitted signs. On-premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a 10-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 2.6.11. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off- premise signs. Bridge signs complying with the requirements of section 2.5.5.1.6 may be substituted for ground or wall signs in residential districts. The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. Logos without any verbal content and similar architectural features less than 10 square feet in area not containing any letters or numbers shall not be considered signs and shall be allowed throughout the development. However, should such architectural embellishments be located closer than 10 feet to any sign, then it should be considered an integral part of the sign and shall be subject to the restrictions of this section. SUBSECTION 3.D. AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DIVISION Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.4. Exceptions to Required Yards 2.6.4.2. Minor after-the-fact yard encroachments. 2.6.4.2.1 Minor after-the-fact yard encroachments may be approved administratively by the development services director. For the purposes of this subsection, minor yard encroachments shall be divided into two classifications: Structures for which a certificate of occupancy has not been granted. The development services director may administratively approve minor after- the-fact yard encroachments of up to 5 percent of the required yard, not to exceed a maximum of 6 inches. Structures for which a certificate of occupancy or a final development order has been granted. The development services director may administratively approve minor after-the-fact yard encroachments of up to ten percent of the required yard t~at which requirement was in effect as of the date on which the certificate of occupancy or final development order was issued, not to exceed a maximum of two feet. Collier Words str',:ck through are deleted, words underlined are added. 26 Sec. 2.6.11. 2.6.11.1. 2.6.11.2. 2.6.11.2.1. 2.6.11.2.2. 2.6.11.2.3. 2.6.11.2.4. 2.6.11.2.5. Fences. Fences in residential districts. Fences or walls shall be allowed in all zoning districts subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5. Residential districts. For the purposes of this section, residential districts shall include: RSF residential single-family; RMF-6, RMF-12, and RMF-16 residential multiple-family; RT residential tourist; VR village residential; MH mobile home; TTRVC travel trailer-recreational vehicle park campground; and residential increments of PUD residential planned unit development districts. Fences and walls placed within required yards shall be subject to the following: Fences or walls on all lots greater than one acre in area may reach a maximum height of 6 feet. For non-waterfront interior lots one acre or less in area, fences or walls may reach a maximum height of 6 feet for side and rear yards, but are limited to 4 feet within the required front yard. For waterfront lots one acre or less in area, height limits are as for non-waterfront lots, but with the additional restriction that fences or walls within the required rear yard are limited to 4 feet. For corner lots one acre or less in area, which by definition have only front yards and side yards, fences within required front yards are limited to four feet in height, with the exception that any portion of a front yard fence within the safe sight triangle described in section 3.2.8.3.22. of this code is restricted to three feet in height. (Two sides of this triangle extend 30 feet along the property lines from the point where the right-of-way lines meet, and the third side is a line connecting the other two.) Fences within required side yards may reach six feet in height. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the board of zoning appeals may allow the use of barbed wire in conjunction with chainlink fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. 2.6.11.4. Commercial and industrial districts. For the purposes of this section, commercial and industrial districts shall include: C1FF, C-2, C-3, C-4 c,~mmerc:~al ~;.str;~ct and C-5 heavy commercial districts; I~ industrial district; and P~ public use district; and commercial and industrial tracts or increments of PUD, planned unit development districts. All fences or walls in commercial zoning districts, and all fences and walls in industrially zoned parcels where such fences abut arterial or collector roads, must also comply with the provisions of sections 2.8.3.3.3.1., 2.8.4.2.3.1. and 2.4.7.4. of this code. Unless otherwise provided, all commercial and industrially designated lands in PUDs, Planned Unit Developments shall comply with these provisions. 2.6.11.5. All districts. Whenever a property owner elects to erect a chain link fence pursuant to the provisions of Sec.2.6.11 adjacent to an arterial/collector road in the urban coastal area said fence shall not be located nearer than three (3) feet to the right-of-way/property line, and said fence shall be screened from view by planting a vegetative hedge a minimum of thirty (30) inches in height at planting spaced at a distance that will achieve an opacity rating of 80 percent within one year of planting. An irrigation system shall be installed to insure the continued viability of the vegetative hedge as a visual screen of the chain link fence. This regulation shall not apply to single family homes. Words str'azk thmug~ are deleted, words underlined are added. 27 Sec. 2.6.15. Solid waste disposal. Pursuant to Ordinance No. 90-30, as amended. S_solid waste disposal shall be required in the form of bulk container service (garbage dumpsters and/or compactors) for all commercial establishments and multi-family projects of adequate ......*- ~"~;~;'"'~ not receiving curbside pickup ~" '""' "" a~ ~r~,'i~ F~!tt~fl L~w. Solid waste disposal shall be required in the form of eurb~ide pickup for all ot~er housing t~es. 2.6.15.3. Minimum requirements and locational restrictions. In the case of multifamily developments wit~ m,?'~ +u,,, f,v,_~ units .... ~'~+ .... that do not receive curbside service pick up and choose to use dumpster service, at least one standard size bulk container (dumpster) per every ten units shall be required. All such containers are subject to the following locational restrictions. Solid waste bulk containers (garbage dumpsters) shall be permitted in all zoning districts. Solid waste bulk containers may be located within a required yard provided they do not encroach into a required landscape area, and further provided that there be no blockage of the view of motorists or pedestrians so as to constitute a hazard. In the case of multi-family developments containing more than one structure, no solid waste bulk container (garbage dumpster) shall be located greater than 500 feet from the structure it is intended to serve. do In the case of multi-family developments that do not use curbside pickup and that choose to use compactor service the following restrictions apply: ii. iii. Solid waste compactors shall be permitted in all zoning districts. In the case of individually owned multi-family units (condominiums), the owner may utilize a compactor instead of curbside pickup or dumpsters. Compactor service shall only be instituted by the developer prior to the sale of the first unit. A change from curbside or dumpster service to compactor service would require a majority vote by the homeowners' association. In the case of multi-family developments (rental units) containing more than one structure, the owner may permit a compactor instead of dumpsters at any time. 2.6.15.4.1 Solid waste bulk containers (dumpsters) may be substituted by individual solid waste disposal service (unit by unit curbside pick-up) subject to the following: In the case of individually owned multi-family dwelling units (condominiums), individual (curbside) solid waste disposal service may be substituted for the required bulk containers (dumpsters and/or compactors) upon documentation that the subject unit or condominium association, having been turned over from the developer to the residents, has voted in the majority to eliminate the use of dumpsters and/or compactors in favor of individual curbside service for all or part of particular development, subject to acceptance r~ ~.~u ~,.~ ........... b_..y the Collier County Solid Waste Department. Words struck thrm:gh are deleted, words underlined are added. 28 the waste hauler. Additionally, the association shall demonstrate that there is adequate access to facilitate curbside pickup and that all individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. In the case of multi-family rental units bulk solid waste disposal ccntainerg (dmp ) o1..~111-,.....,4 ,.,, .....It ti u sters .....................a erna ve .~.=,u~a~., ....~ ....,:a waste ~ the owner may utilize a compactor instead of a dumpster at any time. In the case of a commercial use bulk solid waste disposal containers (dumpsters) shall be used unless an alternative methodology for solid waste pick-up is approved by the Collier County Solid Waste Department and the waste hauler. Sec. 2.6.21. Dock facilities. 2.6.21.1.2 2.6.21.2. Non-residential dock facilities shall be subject to all the provisions of section 2.6.21. of the code, with the exception that protrusions for non-residential dock facilities beyond the specified limits shall be determined administratively by the Planning Services Director at the time of Site Development Plan review, based on an evaluation of the criteria in section 2.6.21.3. of the code. Dock facility requirements and restrictions. The following criteria apply to dock facilities and boathouses, with the exception of boat dock facilities on manmade lakes and other manmade bodies of water under private control. 2.6.33.8. 2.6.33.8.1. 2.6.33.8.2. ..................... s ......... a permit. A permit shall be required for the following activities taking place, in conjunction with commercial motion picture, film, television, video or still photography production: the use of set scenery, temporary structures, "-~': ......: ....* · -o ......~ .~.v .......or other apparatus, special effects, or closure of public streets or accessways. This code shall not apply to bona fide newspaper, press association, newsreel or television news media personnel, nor to prope~ies that have been zoned to allow motion picture/television filming as a permitted use. Application for permit; contents. Any person, firm, corporation, association of governmental entity desiring to obtain a permit shall apply to the ~ planning services director; and said application shall include but not be limited to the following. 1. Name, address (including local address) and telephone number of applicant. Proof of comprehensive general liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The applicant shall provide to the planning services director a certificate of insurance evidencing that said insurance is in effect and certifying that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Words struck through are deleted, words underlined are added. 29 o Special effects to be utilized, especially incendiary or explosive devices, with proof o~ of not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and t4c--ess~license by from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. 4. Locations, dates and hoursof filming scene to be filmed. The following information is required by the planning services director, unless waived: ...... v ................. conceptual plan indicating the location of film events and parking facilities provided. b_. Plans for construction or utilization or o__.f structures on subject site(s). _Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition. grovide-a A description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting. ~ A description of any use which may encroach into environmentally sensitive areas. 10. f. Approximate number and type of vehicles and/or equipment to be used and any special parking requirements. The number of personnel to be on location with the production. 11. Necessity for closures of public streets or sidewalks and for what duration and location. 12. h. ~ An indication of any utilization of aircraft/fixed-wing, helicopter, or balloons at the subject site(s). 13. i. List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County. 14. ~ Provisions for traffic control, fire safety and security precautions. 15. k. If located on private property, not under the county's ownership or control, a written notarized agreement ~ from the property owner to allow the filming to occur on his property. 1. Additional information requested to assist Collier County in obtaining future film production. 2.6.33.8.3. Insurance requirements. The applicant shall, ~ .......... ;o:,~ pemaktr, maintain in force at all times during the petit period a comprehensive general liability policy with limits other than those described in Section 2.6.33.8.2 as determined ~ by the risk management director ~ ~ .:o, ..........* ~:":~:~ upon a review of the particular circumstances involved a-~ ~ ....:-ed by *~" ~--~ ~ .....· ......;.o; .....Said applicant~ .......... :~:,~ ,~ ~.: ......... ¢ a ~ermit, shall provide to the ~ planning se~ices director a certificate of insurance evidencing that said insurance is in existence and certifying that Collier County is a named insured and that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Any additional insurance requirements for filming on private propeffy will be at the discretion of the affected property owner. Words struck through are deleted, words underlined are added. 3O 2.6.33.8.4. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the ~ planning services director. 2.6.33.8.5. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county-owned land or facilities shall be in effect. 2.6.33.8.6. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the ~ planning services director, the permit may be issued. If the ~m4ag planning services director determines that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then he may require that the permit application be scheduled for a public hearing before the board of county commissioners. The special circumstances could include, but are not limited to, closure of a public street or accessway; use of special effects, including incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. 2.6.33.8.7. Suspension of permit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. The suspension shall be initially communicated omt-l-y verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. 2.6.33.8.8. Costs for extraordinary services. The county shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not limited to, charges for personnel and/or equipment committed in support of the production, which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The county may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the county or paid by the applicant, respectively. 2.6.33.8.9. Surety bond. A surety bond in gae an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond w~11 may be required by the planning services director a cem?any provide for cleanup and/or restoration of the subject site(s). Sec. 2.6.34. Annual beach events permit. 2.6.34.1.1. The owner of beach-front commercial hotel-resort property shall apply for an annual beach events permit. The planning services director, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. Words .............e., are deleted, words underlined are added. 31 2.6.34.2. For purposes of this section, a "beach event" shall mean and refer to any social, recreational or entertainment event, whether public or private, conducted on the beach and satisfying one or more of the following criteria: The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or 3. The event: (a) is attended by 25 or more people and is organized by or with the help of the beach-front property owner; and (b) is of a nature not commonly associated with the day-to-day use of the beach by the general public. 2.6.34.3. Notice of scheduled events: 2.6.34.3.1. On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all beach events scheduled for the following month, in the form and content made a part of the annual beach events permit application. The notice shall indicate the date, time and duration of each event. 2.6.34.3.2. If a beach event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the county with a separate written notice at least 48-hours prior to such event. 2.6.34.3.3. All notices furnished to Collier County pursuant to the permit shall be sent to Collier County planning services department. 2.6.34.4. Event Cancellations and Postponements: 2.6.34.4.1. If a scheduled beach event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the county staff a minimum of 4 hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. 2.6.34.4.2. If a beach event is canceled or postponed, and no other beach events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of beach events authorized by the permit. 2.6.34.5. Sea turtle October 3 subject to nesting season: During sea turtle nesting season (May 1st through 1st of each year) the grant of a beach events permit thereof shall be the following conditions: 2.6.34.5.1. A copy of the Florida Department of Environmental Protection (FDEP) field permit, if required by FDEP, shall be obtained and furnished to Collier County prior to the time of the scheduled event. 2.6.34.5.2. Set-up, including beach raking, for a particular beach event shall not commence until after the daily sea turtle monitoring activities are completed by the Collier County natural resources department staff. Words struck t~rc, ug~ are deleted, words underlined are added. 32 2.6.34.5.3. Use of vehicles is prohibited, except as may be permitted in section 3.14.3. of this code. 2.6.34.5.4. All equipment placed on the beach for purpose of conducting the beach event shall be removed from the beach by no later than 9:00 p.m. of the date of the event. 2.6.34.5.5. All lights that are visible from the beach and cast a shadow thereon shall be turned-off by no later than 9:00 p.m. of the date of the event. 2.6.34.5.6. Identification of sea turtle nests on the beach may cause the beach event to be relocated or to have additional limitations placed on the event, pursuant to the recommendation of Collier County natural resources department. 2.6.34.5.7. Pole lighting, and any other object or structure designed to penetrate the sand surface by more than three (3) inches shall be subiect to the approval of the FDEP and Collier County. 2.6.34.5.8. Notices required by this section shall also be furnished to Collier natural resources department. 2.6.35. Communication towers. 2.6.35.6.3. Essential services--Specified conditional uses. Except in the RSF-1 through RSF- 6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriffs substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand alone essential service facility provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for governmental purposes. 2.6.35.6.21. 2.6.35.6.22. Refer to section 2.4.6.4. for minimum landscaping requirements. ~ ........ v ..................................a ............e e east t,..e* in Any existing N_native vegetation on the site shall be preserved and used to meet the minimum landscape requirements to *~ .....*~* ....,;~ ~v~_, .... e, .......t~ ................as required by subsections 2.4.6.4. (a) and (b). The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost. Native vegetation may constitute part or all of the required buffer area if its opacity exceeds 80 percent. Section 2.6.35.7. Alligator Alley Communication Towers (1) Notwithstanding other provisions of Section 2.6.35, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, Words struck tkmug5 are deleted, words underlined are added. 33 (2) (3) (4) (5) (6) (7) (8) two (2) new communication towers shall be permitted at locations and heights herein specified within the 1-75 right-of-way east of the toll booth (Alligator Alley). Two of the four towers shall be constructed to replace two existing Florida Department of Transportation towers. The four new telecommunication tower sites shall be located approximately at: (a) mile marker 52.2. The height of the tower shall not exceed 250 feet including antennas; (b) mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; (c) the site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas; (d) the site of an existing FDOT tower located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing tower located on the north side of 1-75 at mile marker 63.3. The height shall not exceed 280 feet including antennas. Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation (FDOT), the U.S Fish and Wildlife Service (FWS), the National Park Service (NPS), the Department of Forestry (DOF), and Collier County agencies, where practical. Each tower shall be constructed in accord with the standards and requirements of Section 2.6.35 and other applicable sections of the LDC code except as expressly provided otherwise in this Section. Minimum yard requirements: There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the 1-75 right-of-way and each proposed tower must maintains a separation distance from all adjacent residential property lines equal to one-half (1/2) the tower's height or equal to a Florida Professional Engineer's certified collapse area (fall zone), whichever is greatest, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers. Access: Physical access to each tower site shall be as approved by FDOT. Parking: Sufficient unpaved area shall be provided on or adjacent to each tower site to accommodate temporary parking for one vehicle for servicing or maintaining the communication tower. Landscape Buffer: A landscape buffer no less than ten feet wide with trees planted 25 feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures, and buildings. This buffer shall encompass all structures including the tower base. At least one row of native vegetation shall be planted within the buffer to form a continuous hedge at least three feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the Planning Services Director where the buffer is not practical due to public safety problems. A Site Development Plan and construction plans will be submitted to the Collier County Planning Services Department for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved Site Development Plan or construction plans for any such tower without County approval Tower lighting: In addition to requirements for tower lights specified in Section 2.6.35 of the LDC code, towers located in the Big Cypress Words struck t~reug~ are deleted, words underlined are added. 34 (9) Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. Notwithstanding any other provision in this code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communications towers and accessory facilities ("facilities"), listed above, and all such future facilities, are lawful uses if located within the confines of the 1-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County. (a) The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be twenty (20) feet or less in height require only building permit approval from the county. (b) As all such facilities must be located within the Interstate Highway (c) (d) No. 75 right of way, the facilities must be subject to approval from the owner of that right-of-way, including such conditions as may be required by that owner. The owner of said right-of-way is the State of Florida by and through the Florida Department of Transportation. The facilities must be owned by, or leased to, a governmental entity. The primary uses of the facilities shall be governmental uses. Private uses, of the facilities, if any shall always be incidental and subordinate to the governmental uses. Notwithstanding any other provision in section 2.6.35, the facilities shall be subject to the tower sharing requirements of section 2.6.35 if the tower is to exceed a height of one hundred and twenty (120) feet, or unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governmental entities. If the tower is to be occupied by an antenna under control of a non-governmental occupant of the tower and is to be used for any non-governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to as a prerequisite to occupancy of the tower. SUBSECTION 3.E. AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES DIVISION Division 2.7., Zoning and Administration Procedures, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING AND ADMINISTRATION PROCEDURES Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The ~:*~ ~ .... ~ ..... * r-e¢,ew- planning services director shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County building code or this code are in accord with the requirements of zoning code and the land development code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to Words stv..'ck thrg'~'g~ are deleted, words underlined are added. 35 clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required ~.,.;~.u~,. permit(s), inspections and certificate(s) of occupancy as required by the Collier County building code or this code and no building or land alteration permit application shall be approved by the ...... v ........... e.. planning services director for the erection, moving, addition to, or alteration of any building ov structure or land except in conformity with the provisions of this zoning code and the land development code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation or variances as provided by this code or unless he shall receive a written order from a court or tribunal ov of competent jurisdiction. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by plot and .... · ~'-*;"- ~'"'~ all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this land development code. In the case of application of for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the o;~ ,~ .... ~ ...... ~ planning ,qervices director determines may effect the density or other use relationship of the property,' a more recent survey may be required. Where ownership or property lines are in doubt, the site development re%ew planning services director may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Construction and use to be as provided in applications,' status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the ske development re:qew planning services director authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building ~use arrangement, or construction different from that authorized shall be deemed a violation of this land development code. a0 Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the ske development re;qew planning services director shall, in no way, exempt the applicant from strict observance of applicable provisions of this land development code and all other applicable regulations, ordinances, codes, and laws. Do A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. Words struck threugk are deleted, words underlined are added. 36 o Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (division 3.15 of this code) and Rule 9J-5.0055, F.A.C. Improvement of property prohibited prior to issuance of building or land alteration permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building or land alteration permit where the development proposed requires a building or land alteration permit under this land development code or other applicable county regulations. Exceptions to this requirement may be granted by the community development and environmental services administrator for an approved subdivision or site development plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 3.2.8.3.6 of this code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to division 3.9. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the land development code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. ao For the purpose of determining compliance with the zoning provisions of the land development code, an approval of a site development plan pursuant to division 3.3 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the land development code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the land development code. Do In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to division 3.3 and of a zoning certificate issued for the building and the land, shall be required. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other non-residentially allowed uses of land or buildings. SUBSECTION 3.F. AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS DIVISION Words struck tkrcug~ are deleted, words underlined are added. 37 Division 2.8., Architectural And Site Design Standards And Guidelines For Commercial Buildings And Projects, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS Sec. 2.8.2. Applicability. Provisions of this division are applicable in all commercial zoning districts, commercial and non-residential components of PUD districts, DRIs, business park districts, and industrial zoned areas and all other zoning districts for non- residential developments and buildings fronting on arterial or collector roads as described by the transportation circulation element of the growth management plan, when located in the urban residential areas as indicated on the future land use map of the growth management plan, as provided below: 2.8.2.5. Non-commercial development: Non-commercial use applications shall demonstrate that the intent of this section can be effectively accomplished without meeting the specific development standards of this section. Designs which are responsive to the context and proposed use and demonstrate a well considered design theme may request an administrative review of the alternative approach and design. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Architectural Design Standards Plan" and shall reference the requested deviations on the plan and shall submit a descriptive narrative which specifically identifies the code development standards required by this section which is/are being proposed to be addressed through the alternative approach. Supplemental submittal and narrative descriptions must be provided which supports the applicant's submission. The planning services director will administratively review submittal documents for consistency with the intent of this section and if the plan is approved through this provision, shall specifically note the approved deviations and the basis of the approval within the site development plan approval letter. Deviations approved shall be applicable only to the specific design and plan reviewed. Modifications of an approved design shall void the administrative approval of the deviation and require resubmittal of the deviation request to Planning services staff for re-evaluation of the request in the context of the amended design and plan. SUBSECTION 3.G. Division 3.2., Subdivisions, of Ordinance Development Code, is hereby amended to read as follows: DIVISION 3.2. SUBDIVISIONS Sec. 3.2.7 Preliminary Subdivision plat. AMENDMENTS TO SUBDIVISIONS DIVISION 91-102, as amended, the Collier County Land 3.2.7.1.11. The location and width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names shall be identified on all public or private thorough-fares. Typical right-of-way and pavement cross sections shall be graphically iljustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and Words gtrack t~rm:gE are deleted, words underlined are added. 38 utilities. If not previously determined during the rezoning process, it shall be determined whether the streets are to be public or private. Sec. 3.2.8. 3.2.8.3.20 Improvement plans. Street lighting. Streetlights shall be designed and installed utilizing the guidelines of the IES standards for each street intersection, at required intervals along each street not to exceed 400 feet and at the end of each cul-de-sac, and may be required at intervals along each street. Such lights may be required on interior streets, alleys, boundary streets, access paths, and the like. The standards for this street lighting are: (per IESNA RP-8-00) 1. A minimum of 1.4 foot-candles at the center of each internal project intersection is required. A minimum of 1.4 foot-candles along internal roadways is recommended but not required. At the entry/exit of any subdivision located on a county collector or arterial street the following standards shall apply: a) At the points where the edges of pavement of the entrance road meet the right-of-way line, the illumination level shall be 2.0 foot candles minimum. b) At the centerline of the entrance road and a minimum of right-of-way line, the illumination level shall be 3.5 foot-candles. All light levels shall be measured at a minimum of approximately 4 feet above the pavement on a moonless night. Whenever, in the opinion of the site development review director, based on an engineer's determination, a dangerous condition is created by sharp curves, irregularities in street alignment, or other similar circumstances, additional lights may be required. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion. Streetlights shall be designed and installed in either of two ways: 3.2.8.3.24. Utility casings. Subdivisions or developments providing water services shall install no less than ~ four-inch conduits to each alternate lot on the opposite side of the street from the main distribution line for each street prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, street lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed streets prior to the completion of the stabilized subgrade. SUBSECTION 3.H. AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS Words struck thrcx:g~ are deleted, words underlined are added. 39 Sec. 3.3.3. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: 1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 2.6.27 (cjuster development). 2) Underground construction; utilities, communications and similar underground construction type activities. 3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been emered into with the county except where a site alteration permit is required by this code. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by section 2.6.33. 6) Project entryway signs, walls, gates and guardhouses. SUBSECTION 3.1. AMENDMENTS TO EXPLOSIVES DIVISION Division 3.4., Explosives, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.4. EXPLOSIVES Sec. 3.4.5. Permit application requirements and conditions. 3.4.5.1.10. activities will not be permitted within 350 feet of any existinl structures, structures under construction, or within 350 feet of public roadways. Sec. 3.4.13. Restrictions for the use and handling of explosives. The following requirements shall apply to all blasting within the urban boundaries of the county: a) Overburden shall not be removed prior to blasting. When overburden exceeds four feet of depth, a minimum of four feet of overburden shall remain in place prior to blasting. b) Stem all blast holes within 1000 feet of the nearest structure based on a GPS measurement with 89 stone or approved equal material ~hal! be ~ to confine the gaseous products of detonation. Words struck through are deleted, words underlined are added. 4O c) The "borehole" surrounding the blast tube shall be stability of the ground surface. d) All surface detonators shall be covered or buried. e) All charges shall be at (originally placed) proper detonation of multiple blast. backfilled to ensure depth prior to the SUBSECTION 3.J. AMENDMENTS TO EXCAVATION DIVISION Division 3.5., Excavation, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.5. EXCAVATION Sec. 3.5.7. Construction requirements for the construction of excavations. 3.5.7.3.1. Maximum. Private and development excavations shall not exceed -1-3 20 feet in depth unless computations using the "fetch formula" of maximum depth =5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Sec. 3.5.8. Inspection and reporting requirements. 3.5.8.2.1. Status reports. The permittee shall provide the ~ .... ~ ..... + ..... ;~ ~:~0,,~ community development and environmental services administrator, or his designee, with an excavation activities status report as follows: Private excavations. A final status report within 30 days after the final completion of the excavation. Development and commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived. The final e,r annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the ...... v ....................... commun development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excavation permit: A sealed topographic survey prepared by the project's surveyor/engineer, containing the following: (1) A baseline along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at each station. Unless otherwise approved by the development services director, cross sections shall be taken every 100 feet on Words struck t?.rzugh are deleted, words underlined are added. 41 excavations less than five acres, and every 300 feet on excavations over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angel cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of the division. Side slopes shall be graded to within a reasonable tolerance as will be determined by the development services director, depending upon local site conditions. (2) On all planned unit development or subdivision projects, the outline of the excavations top-of-bank shall be accurately plotted and referenced to known control points in order that: (a) The surface area can be verified as meeting size and retention/detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre. (b) It can be determined that the excavation was constructed within easements dedicated for that purpose. r2~ T~.~ ,~,,.~,:.,, ^c all excavated ~n,~;~,o gteckpi!ed on the (3) (4-) Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated. daring .... '~: ..... :~a annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excavation permit: (1) An annual aerial photograph with a scale of no less than one-inch equals 200 feet. (2) Depth of excavation soundings taken on a 300 foot grid. (3) The property lines of the commercial excavation site as shown on an aerial photograph. (4). At the completion of any lake or phase of the excavation permit, a sealed topographic map by the proiect surveyor/engineer shall be submitted in conformance to the preceding section 3.5.8.2.1, 2.a.(1). Words stru,~k through are deleted, words underlined are added. 42 SUBSECTION 3.K. AMENDMENTS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION DIVISION Division 3.9., Vegetation Removal, Protection And Preservation, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION Sec. 3.9.6. Review procedures. Sec. 3.9.6.6.6. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new dwegiag un;.t.q principal or accessory structures and major additions to any principal or accessory structures, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single- family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. SUBSECTION 3.L. AMENDMENTS TO SEA TURTLE PROTECTION DIVISION Division 3.10., Sea Turtle Protection, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.10. SEA TURTLE PROTECTION Sec. 3.10.9. Permits and fees. SUBSECTION 3.M. AMENDMENTS TO ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION DIVISION Division 3.11., Endangered, Threatened, Or Listed Species Protection, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Words struck threugh are deleted, words underlined are added. 43 DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION Sec. 3.11.3. New and existing development. For new and existing development and construction pursuant to divisions 3.2~ 3.3 and 3.9 of this code, and the building code of Collier County, until permanent guidelines and standards are adopted by Collier County, the following shall apply as interim guidelines or standards for the protection of endangered species, threatened species and species of special concern as prescribed by Goal 7 and associated objectives and policies, as amended, of the conservation and coastal management element of the Collier County growth management plan: 3.11.3.1. Plans shall be submitted for review and subject to approval by the planning services_department of the community development and environmental services division, for the management of habitat and wildlife, including measures for protection and/or relocation of endangered and threatened species and_species of special concern. The_county shall consider and may utilize recommendations and letters of technical assistance of the FFWCC, and recommendations and guidelines of the USFWS, in issuing development orders on property containing endangered and threatened species and species of special concern. Such plans shall comply with current federal, state and local ordinances and policies. 3.11.3.2. The USFWS South Florida Multi-Species Recovery Plan (dated May 1999, and as amended) shall be adopted as the minimum guideline or standard to preserve or improve the environmental conditions required for the protection and recovery of the West Indian manatee (Trichechus manatus), Florida panther (Puma concolor coryi), Audubon's crested caracara (Polyborus plancus audubonii), Bald eagle (Haliaeetus leucocephalus), Florida scrub jay (Aphelocoma coerulescens), Piping plover (Charadrius melodus), Wood stork (M¥ceteria americana), Roseate tern (Sterna dougalli dougalli), Red-cockaded woodpecker (Picoides borealis), American crocodile (Crocod¥1us acutus), Eastern indigo snake (Drymarchon corais couperi), Green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochel¥s kempii), Leatherback sea turtle (Dermochel¥s coriacea), and Loggerhead sea turtle (Caretta caretta). Until the adoption of federal guidelines for any of the above listed species, the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.3. Until the adoption of State of Florida guidelines for the protection of all State listed species, as listed in "Florida's Endangered Species, Threatened Species and Species of Special Concern" authored by Florida Fish and Wildlife Conservation Commission, the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.4 Gopher Tortoise (Gopherus polyphemus) (1) All gopher tortoises, their habitats and the associated comensals are ere rotecte . ....It Words str'.:ck through are deleted, words underlined are added. 44 (2) (3) (4) (5) seeliom. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct any gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or motesf take one any such burrow by any means, unless otherwise provided for in this section. Provision is hereby made to allow personnel authorized by the-I:Ii6te4 States Fir, han",. Wild, life Service, Florida Fish and Wildlife Conservation Commission and O__Lr Collier County to house and relocate tortoises as necessary and provided for in this section. When gopher tortoises are identified on a site, a protection/management plan or off site relocation plan shall be submitted to the planning services department of the community development and environmental services division, for review and approval. This shall apply to all new development and site improvements. It shall also apply to substantial amendments to existing development and site improvements, where gopher tortoise protection/management plans have not been previously approved by Collier County planning services staff. The protection/management plan shall include, but not be limited to the following items: 1) a current gopher tortoise survey, which shall be field- verified by planning services staff; 2) a proposal for either maintaining the population in place or relocating it; 3) a site plan identifying the boundaries of the gopher tortoise preserve; 4) the method of relocation if necessary; 5) the proposed supplemental plantings if needed; 6) a detail of the gopher tortoise preserve fencing; 7) an annual maintenance plan describing exotic removal and possible additional plantings in the future and 8)_identification of persons responsible for the initial and annual protection/man3gement of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in section 3.9.5. of this code. Suitable habitat shall be defined as having the following characteristics: 1) the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises, 2) appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted), 3) generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground, and 4) typically, includes the presence of an existing gopher tortoise population. Off site relocation plans may be permitted to meet all or part of the on-site gopher tortoise habitat preservation requirements under the following circumstances: a.) Where suitable habitat cannot be provided does not exist on-site; or, b.) Where a property owner meets the minimum on-site native vegetation preservations requirements of this code with jurisdictional wetlands and thus does not provide appropriate habitat for gopher tortoises as described above; or, 4) c)Where scientific data has been presented to in "'c ~-;";~" ~c .... v .........the community development and environmental services administrator, Words struck thre, ugh are deleted, words underlined are added. 45 or his designee, and an environmental professional opinion is rendered that the requirement to provide the required on-site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida fish and wildlife conservation commission. Where appropriate, a combination of on-site preservation and off-site relocation may be considered. (9) Exemptions. Single family platted lots, 7.5 acres or less in size, shall be exempt from the requirements set forth in subsection 3.11.3.4 (4), when these lots are not a part of a previous development which has been required to comply with subsection 3.11.3.4 (4). However, gopher ~ tortoises shall be protected pursuant to paragraphs 1, anti 2 and 3 of this section. Sec. 3.11.4. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not liinited to injunctive action, to enforce the provisions of this division. SUBSECTION 3.N. AMENDMENTS TO VEHICLE ON THE BEACH REGULATIONS DIVISION Division 3.14., Vehicle On The Beach Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.14. Sec. 3.14.3. VEHICLE ON THE BEACH REGULATIONS Exceptions; permit. 3.14.3.4 3.14.3.4.1. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events: Vehicles which are used in conjunction with functions on the beach, as permitted by an approved special event temporary use permit, or annual beach events permit, are exempt from the provisions of this division if a vehicle-on the- beach permit has been granted by the planning services director or his designee. All permits issued are subject to the following conditions and limitations: The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. Words str'.:'ck t~rm:g~ are deleted, words underlined are added. 46 3.14.3.4.2. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection; 3.14.3.4.3. The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. 3.14.3.4.4. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 (PSI) pounds per square inch. 3.14.3.4.5. Permits shall only be issued for ATVs when current planning section staff has determined that: 1) due to the distance and the excessive weight of the equipment to be moved that it would be prohibitive in nature to use push carts or dollies; or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3.14.3.4.6. When not in use all vehicles shall be stored off the beach; 3.14.3.4.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 3.14.3.5. Vehicle-on-the-beach permits issued in conjunction with permanent concession .facilities: Vehicle on the beach permits issued in conjunction with permanent concession facilities shall be exempt from the provisions of this division if a vehicle-on-the-beach permit has been granted by the planning services director, or his designee. Vehicles which are used in coniunction with approved permitted beach concession activities may be used to set up concession equipment and may be used to remove the equipment from the beach and return it to the approved storage area, subject to the following conditions and limitations: 3.14.3.5.1. The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. 3.14.3.5.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.5.3. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. 3.14.3.5.4. Permits shall only be issued for ATVs when one of the following criteria has been met: 1) Evidence has been provided that them is a need to move equipment which, due to the excessive weight and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with push carts or dollies. 2) A limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited, identified area. 3.14.3.5.5. When not in use all vehicles shall be stored off the beach. 3.14.3.5.6. These vehicles may not be used for transportation of persons or equipment throughout the day. The permit shall designate a limited time for equipment set- up and for the removal of the equipment at the end of the day. 3.14.3.5.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 3.14.3.6. Vehicle-on-the-beach permits for other routine functions associated with permitted uses of commercial hotel property: Vehicles which are used in Words str',:'ck t~r,vr:g~ are deleted, words underlined are added. 47 conjunction with tasks such as routine equipment set-up that cannot reasonably be accomplished without the use of such vehicle due to size, weight and volume, shall be exempt from the provisions of this division if a vehicle-on-the-beach permit has been granted by the planning services director, or his designee, subject to the following conditions and limitations: 3.14.3.6.1. Use of the vehicle shall be limited to a one-time set up and a one-time removal of equipment each day. 3.14.3.6.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.6.3. The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies. 3.14.3.6.4. Permits shall only be issued for ATVs when one of the following criteria has been met: 1) 2) Evidence has been provided that there is a need to move equipment which, due to the excessive weight and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with push carts or dollies. A limited, designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited, identified area. 3.14.3.6.5. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. 3.14.3.6.6. When not in use all vehicles shall be stored off the beach. 3.14.3.6.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. SUBSECTION 3.0: AMENDMENTS TO APPENDICES SECTION Appendix B, Typical Street Sections And Right-Of-Way Design Standards, is hereby amended by replacing the existing Appendix B, Typical Street Sections And Right-Of-Way Design Standards, iljustrations with revised Appendix B, Typical Street Sections And Right-Of- Way Design Standards iljustrations attached hereto and incorporated herein by reference as Exhibit "B". SECTION FOUR: AMENDMENTS TO ZONING ATLAS MAPS The Zoning Atlas Maps numbered [0633N, 0633S,GGE22, 8517S, 6931N, 6933S, 7904N, 482930, 8529N, 7904S, 9621N, 9622S, 0629N, 0501S, 9523S, 9621S] attached hereto and incorporated herein by reference are hereby amended as depicted upon such maps and attached hereto as Exhibit "A". The effect of the amendment is to rezone the sixteen park sites to the "P" Public Use District. SECTION FIVE: CONFLICT AND SEVERABILITY Words struck t~rzug~ are deleted, words underlined are added. 48 SECTION FIVE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Florido, this/.~/1~ day of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, ~ ,2000. :- ATTEST: ':;:(':?' ':~Y i- D~iGHTE. BROCK, ~'LERKlttest as to Chat~an's sl ature Approved As To Form And Legal Sufficiency Marjorie~ M. Student Assistant County Attorney BOARD OF COUNTY CO~ISSIONERS BY: JAMES D. ~ARTER, Ph D., CHAPMAN H:\ LDC CYCLE 2 - 2000\LDC ORD CYCLE 2 - 2000 Words struzk tkmugh are deleted, words underlined are added. 49 Words struck threugh are deleted, words underlined are added. 5O z ! .......... ~]]H.LO ......... 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ILL~ o o o o o Words struck through are deleted, words underlined are added. 73 Remove this Drawing from LDCB-7 APPENDIX B--TYPICAL STREET SECTIONS LDCB:7 Words str'..'ck thrcugh are deleted, words underlined are added. 74 Replace LDCB-7 with this drawing. rn© ~ Words struck tSrough are deleted, words underlined are added. 75 Remove this Drawing from LDCB-8 COLLIER COUNTY LAND DEVELOPMENT CODE 95-58, § 3, 11-1-9§) No. 8 LDCB:8 ,I-, Words :*..~'.::k ..mug., are deleted, words underlined are added. 76 Replace LDCB-8 with this drawing. o o o o ¢) MA1CH [INI o ]> INII !1[)1 V~ o c) o Words struck through are deleted, words underlined are added. 77 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 2000-92 Which was adopted by the Board of County Commissioners on the 12th day of December, 2000, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of December, 2000. DWIGHT E. BROCK Clerk of Courts and Ex-off~clo to Board~Qf,.~. County Commis s ioner'.~.. By: ~ll:Le Hoffman, Deputy Clerk