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Backup Documents 06/20/2001 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JUNE 20, 2001 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, June 20, 2001 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 MANAGEMENT DEPARTMENT 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. 1. PLEDGE OF ALLEGIANCE 2. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE 1 June 20, 2001 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 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7 ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. Ordinance 2001-34 - Adopted with changes 4/0 (Commissioner Fiala absent) 3. ADJOURN 2 June 20, 2001 Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the fo!~owing as a: / / Normal Legal Advertisement / / Other: (Display Adv., location, etc.) Display Ad, e page, map attached Originating Dept/Div: Planning Services Person: (Sign clearly) / Petition No. (If none, give brief description): _ Land Development Code D2nendments Petitioner: (Name & address): Planning Services Name & Address of any person(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) Hearing before: / xx / BCC / / BZA / / Other Requested hearing date: June 20, 2001 Based on advertisement appearing 5_~ days 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: An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code - see attached Legal Ad Ordinance title ( L..~ ~ ~ J-oD I --- t 3 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 advertising costs~ ********************* * ****************************************************** ( ' ~ 5:/2S/C/ Approved by: Reviewed by: ' ~6 -"fi~ Date Date Division Head ~ . County Manager List Attachments: (1) (2) (3) DISTRIBUTION INSTRUCTIONS 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 tha5 any necessary legal review, or request for same, is submitted to County Attorney before submittinq to County Manager. The Manager's Office will distribute copies: / / County Manager agenda file; / / Requesting Division; / / Original to Clerk's Office copy for file. FOR CLERK'S OFFICE USE ONLY Date Received ~ Da~e of P.H. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a Date Advertised ~-'-(~, &/ /~/~, ORDINANCE NO. 01- ~ 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 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT- OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. ITEM NO.: FILE NO.: ROUTED TO: DATE RECEIVED: Date: REQu~.ST FOR LEGAL SERVICES To: From: Office of the County Attorney, Attention: MARJORIE STUDENT Community Development Services Department Planning & Technical Services Section Re: THIS DOCUMENT HAS BEEN R~"FIEWED FOR TYPING AND SPELLING E~/~ORS BY (PLANNER S INITIALS) BACKGROUND OF REQUEST/PROBLEM: Are documents or other information needed to review this matter~ attach and reference this information). ' This item has/has not been previously su~itted. (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: If yes, OTHER COMMENTS: PLEASE RESPOND IN WRITTEN FORM. SEND RESPONSE TO cc: CECILIA MARTIN, CURRENT PLANNING APPROVED BY: COb~L~NITY DEVELOPMENT SERVICES ADMINISTP~%TOR & T4es I T47S I T48S I T4OS I TSOS I T51S I TE2S I T&3S I I,M i:: 0 '0 r. 0 0 6Z -'ll'S ),..[NflO0 ~ o$ G~Lf iV[¢3;~,c° May 25, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition LDC-2001-01 Dear Pam: Please advertise the above referenced notice and map on Friday, June 15, 2001. 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, Teri Michaels, Deputy Clerk Enclosure Account 113-138312-649110 NOTICE OF CONSIDERATION/ADOPTION Notice is hererbdY given that on ,W,,~e,,dnesday, June 20, 2001, at 5:05 P.M. in the Boardroom, 3 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 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7 ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COI~LIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. 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/Teri Michaels, Deputy Clerk (SEAL) FAX TO: LOCATI'O N: FAX NO.: COMMENTS: FROM: LOCATION: FAX NO: PHONE NO: DATE SENT: Pam Perrell Naples Daily News (941) 263-4703 Notice of Public Hearing to Petition LDC-2001-01 Teri Mlichaels COLLTER COUNTY COURTHOUSE Consider (941) 774-8408 (941) 774-8406 05/25/2001 SENT: 4:00 P. M. # OF PAGES: (Zncluding cover) 9 o, · - Buildin8 Commis- .tos, th. titfo of whk:his as follows: . , AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COL. LIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF CO~R~TY, FLORIDA, BY RROVIDING FOR~ SECTION ,ONE, REClTAI.S~i'.~'~ ~,rSECTiON 'TWO, FINID~NG OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:. ARTICLE 1, GENERAl. PRO- V!SICINS, DIVISION 1~8. NONCON~ESf DIVI~.~ :],~9. AMENDMENTS TO THIS . CODF; ARTICLE 2, ZONING, DIVISION: 2~, ZONIN~i;~GII~ PERMITTED USES, ~ITIONAL USES, DIMENSION~ STAN~, D~tsiMiI 2,3; OFF.STREET PARK- lNG AND *LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION-2.5 SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION ~7 ZON, lNG ADMINISTRATION SD PROCEDURES; DIVISION 2.8, ARCHITECTURAL AND DESIGN STANDARQS AND GUIDEUNES FOR COMMERCIAL BUILDINGS AND ~ ECTS; ARTICLE 3;"DIVISION :3.2, SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATE-~ MENTS (ELS); ~DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVA. TION; DIVISIOI~ 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCT~¢I(~. SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE OF THE BEACH REGULATIONS, ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS;. DIVI- SION 5.2 ~NING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS, AND TO ADD DWISION 5,5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVI. SORY COUNCIL;; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMI~rED TO THE DEFINITIONS OF DESTINATION RE..-C4)RT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH}, RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COM- MUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT. AND SEVERABIL~I~Y.; SECTION FIVE, INCLU- SION IN THE COLLIER COUNTY LANO DEVELOPMENT CODE, AND SECTION SIX, EF- NOTE.. All persons wlshinl to speak on any apnda ;tom must resister with the County, Administrator Drior to pre- sontatton of tim alenda item to be addressed. Individual speakers.will be limited to 5 minutes of anY ltom. The selection of an Individual to speak on behelf of an orlanizaUon or irC)Up is encouraled. If recoinized by the Chairman, a spokesperson for a 8roup or orlanization may be allotted 10 minutes to speak on an item. Persons wisMni to have written or graphic m&~fials Included in the Board a~enda packets must submit said ma- terial a minimum et 3 wicks prior to. the respective punic headnl. In any case, written matethlls intended to be considered by the Board shall be submit'ced to the appropriate County Staff a minimum of seven days Prior to the public beadnl. Ail material used in presentJitions before the Board will become a permanent part of th& record. Any person who clecicles,.to appeal a decision of the Board mil need a record of the proceedtnls pertaininl thereto and therefore, rn~y need to ensure .that a verbatim record of the Proceedinls is made, which record in- cludes the testimony, and evidence upon which the appeal is based. #99546342 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, PhD, CHAIRMAN DWIGHT E. BROCK, CLERK By:/$/Teri Mi~haels, Deputy Clerk alii I Ilia I alii I Collier Countu Florldm June Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: /XXX / Normal Legal Advertisement / / Other: (Display Adv., location, etc.) ********************************************* Originating Dept/Div: Planning Services Person: (Sign clearly) Petition No. (If none, give brief description): _ Land Development Code Amendments Petitioner: (Name & address): Don Blalock/ Planning Services Name & Address of any person(s) to be notified by Clerk's Office: Plannning Services, 2800 N. Horseshoe Drive (If more space needed, attach separate sheet) Hearing before: / xx'-/ BCC ~ " / BZA ~ / Other Requested hearing,date: June 20, 2001 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important /-- /, /XXXX/ Naples Daily News or legally required / /) / / Other Proposed Text: (Include legal deschption & common location & size: An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code- see attached Legal Ad Ordinance title ( ~ ~'~ ~ . ~L00 [ ~ J ~ Companion petition(s), if any, & proposed hearing date: *********** ******************************************************************************* ********************* Does Petition Fee Include Advertising Cost? Yes ~ No /' / If yes, what account should be charged for advertising costs. //3 'lJ~l~ Reviewed by: / 7 ~ ~-' Approved by Division Head **~~ ~ ~ Date ~>/~/~/ County Manager Date List Attachments: (1) (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 reques[ for same, is submitted to County Attorney before submitting t~ County ~anage~. The Manager'S office will distribute copies: /-- / County Manager agenda file; /-- '/ Requesting Division; / ~ Original to Clerk's office B. Other hearing~: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. * Date of P.H. ORDINANCE NO. 01- ~ 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 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT- OF-WAY, STRUCTURE, UNAUTHORIZED 'COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. ITEM NO.: FILE NO.: ROUTED TO: DATE RECEIVED: Date: REQUEST FOR LEGAL SERVICES To: From: Office of the County Attorney, Attention: MARJORIE STUDENT Co~ununity Development Services Depart~nent Planning & Technical Services Section Re: THIS DOCUMENT ~S BEEN REVIEWED FOR TYPING AND SPELLING ERRORS BY (PLANNER' S INITIALS) BACKGROUND OF REQUEST/PROBLEM: Are documents or other information needed to review this matter? attach and reference this information). This item has/has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: If yes, OTHER COMMENTS: PLEASE RESPOND IN WRITTEN FORM. SEND RESPONSE TO cc: CECILIA MARTIN, CURRENT PLANNING · ~PPROVED BY: CO~4UNITY DEVELOPMENT SERVICES ADMINISTPJ~TOR I T 48 S I T 47 S I T 48 S I T 49 S I T 50 S I T 51S I T 62 S I T 63 S I 0 ,~,J. NI'IO0 .I. UO N'3 H 33'1 o$ ]V[¢¢'i,c° May 25, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition LDC-2001-01 Dear Pam: Please advertise the above referenced notice and map on Tuesday, June 5, 2001. 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, Teri Michaels, Deputy Clerk Enclosure Account 113-138312-649110 NOTICE OF CONSIDERATION/ADOPTION Notice is hererbdY given that on ,W,,e,,dnesday, June 20, 2001, at 5:05 P.M. in the Boardroom, 3 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 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7 ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. 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/Teri Michaels, Deputy Clerk (SEAL) Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, May 29, 2001 10:25 AM Teri Michaels Delivered: NOTICE OF PUBLIC HEARING TO CONSIDER PETITION LDC-2001 -01 (15 DAY ) TO BE ADVERTISED TUESDAY, 6/5/01 NOTICE OF PUBLIC H,-^R~N~ TO CO... <<NOTICE OF PUBLIC HEARING TO CONSIDER PETITION LDC-2001-01 (15 DAY ) TO BE ADVERTISED TUESDAY, 6/5/01>> Your message To: 'paperrell@naplesnews.com' Subject: NOTICE OF PUBLIC HEARING TO CONSIDER PETITION LDC-2001-01 (15 DAY ) TO BE ADVERTISED TUESDAY, 6/5/01 Sent: Tue, 29 May 2001 10:22:57 -0400 was delivered to the following recipient(s): Perrell, Pamela on Tue, 29 May 2001 10:25:26 -0400 Teri Michaels To: Subject: paperrell@naplesnews.com NOTICE OF PUBLIC HEARING TO CONSIDER PETITION LDC-2001-01 (15 DAY) TO BE ADVERTISED TUESDAY, 6/5/01 Hi Pam- Re: the subject referenced above, the 'Map' IS NOT TO BE INCLUDED WITH THIS AD per in Planning Services. (The 'Map' is to be included only with the 5 Day ad to be advertised Friday, 6/15/01) This is a follow-up to the voice mail I left you this morning at approx. 10:00am. Thanks Pam- Cecelia Martin PUBLIC N~ICE PUBLIC NOTICE ' PUBLIC NOTICE · NOTICE OF CONSIDERATION/ADOPTION Notice 'is hereby given that on Wednesday, June 20, 2001, 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 Ordinance pursuant to Chapter. 125.66(2), Florida Statutes, enactnmnt of a County, the titl~ of which is .as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91.102, AS AMEND, ED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVID- lNG FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOP- MENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTI- CLE 1,' GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENOMENTS TO THIS CODE; ARTICLE 2, ZONING, DI- VISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONOITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF.STREET PARKING ANO LOADING; DIVISION 2.4 LANOSCAPING AND BUFFERING, DIVISION· 2.5 SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVI- SION 2.7 ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION. 3~-.~ EXCAVATION: DIVISION 3.8 ENVIRONMENTAL IMPACT STATE- I~ENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVI- SION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVI- SION 3.14 VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVI- RONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. OEFINI- TIONS, INCLUDING, BUT NOT LIMITEO TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMU- NICATION AND YARDS; ADOING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SERVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOP- MENT CODE; AND SECTION SIXi EFFECTIVE DATES. NOTE.. All persons wishing to speak on any agenda item must register with the Coun- ty Administrator 9.rJ~ to presentation of the ag.enda it. em to. b.e. addr. esse.d. !.n.di. vid. u.al speakers Will be limited to 5 mi?utes on any item. tne set~t,o..n oT an ~ncli.Vta. ual..to speak on behalf of an organization or group is encouragea. IT recognizea Dy me 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 bee permitted to the aapprop;~riate 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 t. her. ef°re, re. ay .nee. d t.o. en.sur, e. that ave. rbat. i.rn re- cord of the proceedings, is ma,e, wnicn recora incluoes me zesz, mony ana evmence upon which the appeal ,s based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · JAMES D. CARTER, PhD., CHAIRMAN D,,W. IGHT E. BROCK, CLERK · By./s/Teri Michaels, Deputy Clerk #99~41 June 5. 2001 ORDINANCE NO. 01- 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 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT- OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE DATES. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted ©minance 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, for the calendar year 2001; ~lnd WHEREAS, on March 18, 199'7, the Board of County Commissioners adopted Resolution 97-177 esta[ iishin~ local reqtfirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolutitm 97.-177 have been met; and Words struck lh:','m-gq4 are deleted, words underlined are added. 1 WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on June 6, 2001 and June 20, 2001, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsection 163.3194 (I) and 163.3202 (1), Florida Statutes; 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 Cotmty, 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 fbllowing findings of fact: 1. Collier County, pursuant to Sec. 163.3161, e_[ seq., Fla. Stat., 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 chloe'cement 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 ez 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 "' ...... t. ~, ...... *~h .............. = are deleted, w, ords 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. I 1. 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 ft~ture 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 efficien! 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. !2. 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. Stm., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE NUBSECIION 3.A. AMENDMENTS TO AMENDMENTS TO THIS CODE DIVISION Division 1.19., Amendments to this code, of Ordinance 91-102, as amended, is hereby' amended to i'ead [is follows: DIVISION 1.19. AMENDMENTS TO THIS CODE Sec. 1.19.1 Timing. Amendments to this code may be made not more often than two times during any calendar year as scheduled by the county manager, except: 1.19.1.3 ~,~,. ,~,,,,,~ ......... ,.,~,,,~ ,~.r ,."- emergency, _Aamendments to this code may be made more often than twice during the calendar year if the Collier County Board of County Commissioners, by at least a super-majority vote, directs that additional amendments be made for specific purposes. ................................... e,,'e ..... approval of~,,-" ,,,~r thc SUBSECTION 3.B. 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 tbllows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED DIMENSIONAL STANDARDS USES, CONDITIONAL USES, W(n ds ...... , through arc deleted, words underlined are added. 3 Sec. 2.2.2. Rural agricultural district (A) Sec. 2.2.'2.2.1. Permitted tftses ¸2. Agricultural activities, including, but not limited to: crop raising; horticulture; frui! and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture l'or native species subject to the State of Florida Game and Freshwater Fish Commission permits. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: dairying; ranching; poultry and egg production; milk proquction; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, of which only 5 may be male and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with not open feedlots, for personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. The raising or keeping of any animal for the purpose of engaging them in fighting is prohibited. ~ ~ 2,2.3. ~ec. Estates district (E) Sec. ''~ ~ 3.~.~. Uses accessory to permitted uses. Keeping of fowl or poultry, not to exceed 25 in total number, of which only 5 may be male, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet fi'om any residence on an adjacent parcel of land. The raising or keeping of any animal for the purpose of engaging them in fighting is prohibited. Excavation and related processing and production subject to the following criteria: bo The activity is clearly incidental to the permitted uses of the property. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 2.7.4. and 2.2.~.~'3. Sec..~.~. ~ '~ ..... 3 3 Co~ditiomd uses. Extraction or earthmining, and related processing and production not incidental to the development of the property. There is a 20 acre site nfinimum site required to conduct this use in the Estates zoning district. Sec. 2.2.15. General commercial district (C-4) Words '~;truck tlu,~g,~ are deleted, words underlined are added. 4 2.2.15.2. Permitted t,tses. 20. Motor freight transportation and warehousing (4225 Air- conditioned mini- and self-storage warehousing only and subject to the following criteria: 1. No metal roll-up garage doors: 2. All units must be accessible internally; 3. Designed with architectural elements similar to office buildings; 4. No building may exceed 100 feet in length; 5. No outdoor storage; 6. The units shall only be used for storage). 201. Public or private parks and playground. 24-2. Personal services (groups 7215, 7217, 7219, 7261 except crematol'ies, 7291-7299). 22~3. Real estate (group 6512). 2(34. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 245. Reserved. 256. Vocational Schools (groups 8243-8299). 267. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district. Sec. 2.2.16 %. Business park PUD district (BP). 2.2.1 6 !iai. 2. Permitted uses. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as a right, or as uses accessory to the business park PUD district, or as uses accessory to permitted primary and secondary uses in the business park PUD district (BP). 2.2.16 !/2.2.1. Permitted Primary Uses - 100% of the total business park district acreage allowed to be developed: 26. Motor freight transportation and warehousing (4225 Air-conditioned mini- and self-storage warehousing only and subject to the following criteria: 1. No metal roll-up garage doors; 2. All units must be accessible internally; 3. Designed with architectural elements similar to office buildings; 4. No building may exceed 100 feet in length; 5. No outdoor storage; 6. The units shall only be used for storage). 267. Paper and allied products (groups 2621-2679) Words "' ...... I-,I ......... I~ ................ s,, are deleted, words underlined are added. 5 2¥8. 289. ~:z930. 301. 34:2. 353. 3¢4. 345. 356. 37. Plastic nmterials and synthetics (groups 2821-2834) Printing, publishing and allied industries (groups 2711-2796) Professional offices; insurance agencies~ (group 6411); insurance carriers (groups 6311-6399); real estate (groups 6531, 6541, 6552, 6553); holding and other investment offices (groups 6712-6799); attorneys (group 8111) Rubber and miscellaneous plastic products (groups 3021, 3052, 3053) Security/Commodity brokers (group 6211) Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3792, 3799) United States Postal Service (group 4311 ) Wholesale trade - durable goods (groups 5021-5031, 5043-5049, 5063- 5078, 5091= 5092, 5094-5099) Wholesale trade - nondurable goods (groups 5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet fi'om a residential zoning district, 5192-5199) Any other use which is comparable in nature with the forgoing uses and is otherwise clearly consistent with the intent and purpose statement of the district. '2.2.16 !,/2.2.2. Permitted Secondary Uses accessory to the business park PUD District - development limited to a maximmn of 30 % of the total acreage of the business pm'k district: Business services (groups 7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361,7363, 7371-7384, 7389) 2. Child clay care services (group 8351 ) 3. Depository and non-depository institutions (groups 6021-6062, 6091, 6099, 6 l 11-6163) Drug stores (group 5912, limited to drag stores and pharmacies) in conjunction with Health Services groups and medical laboratories/research/rehabilitative groups. Hotels roup 7011 hotels on .................... s ...... per ........ ~'~- * '"';";"' ~ ........ The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 6. --Membership organizations (group 8611); business associations (group8621); professional organizations (group 8631); labor unions and similar labor organizations._-) 7. Personal Services (group 7991) 8. Physical fitness facilities and bowling centers (groups 7991,7933) Words 'struck througl~ are deleted, words underlined are added. 6 Sec. 2.2.28. Immokalee Overlay Districts. 2.2.28.6. Agribusiness Overlay Subdistrict: Map 5 (Delete this Map) Words ......... ~' '~ ......... ~- arc dclctcd, words undcrlined are added. 7 MAP 5 (Replace with this Map) AGRIBIJSINESS OVER[ AY SUB.-DIS]FtlCI (AOSDI / / Main Slreet Overlay Subdistrict: Mrtm Street Overlay &~bdislrict: 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 Words ,,,,-,,.i, ~h ........ ~ ............... 6" arc deleted, words underlined arc added. 8 MAIN STREET OVERLAY SUBDISTRICT 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 beautit~ing 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 lbr 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 right in this subdistrict: Hotel and Motels (group 7011). Communication Towers, as defined in section 2.6.35 of this code, are permitted as a stand-alone essential service use. Such towers are a permitted use up to a height of 75 feet above grade, inclusive of antennas. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all pernfitted 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). Communication Towers, as defined in section 2.6.35 of this code, are permitted as a stand-alone essential service use. Such towers are a ~ '~ ~8 8 5 permitted use up to a height of 75 feet above grade, inclusive of antennas. Prohibited Uses. All uses prohibited within the underlying residential and com~nercial zoning districts contained within this subdistrict, and the following uses, shall be prohibited in the Main Street Overlay Subdistrict: 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. Wo,'ds struck through are deleted, words underlined are added. 9 2.2.28.8.6 11. 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. 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 Mair~ Street Overlay Subdistrict. Primary uses such as convenience stores and grocery stores are prohibited fi-om 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. 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. Radio and Television Repair Shops (group 7622 automotive) are prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Outdoor Storage yards and outdoor storage are prohibited within any fl'ont, side or rear yard on all properties within the Main Street Overlay Subdistrict. 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. Warehousing (group 4225) Communication Towers, as defined in section 2.6.35 of this code, except as otherwise noted in this Subdistrict. · ........ ~;~;*~ ..... , ,, 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. Acc'essor3~ t~ses. '9 Uses and structures that are accessory and incidental to the pernfitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. Comnmnication Towers, as defined in section 2.6.35 of this code, as an 2.2.28.8.7 2.2.28.8.8 accessory essential service use. Such towers are a permitted use up to a height of 75 feet above grade, inclusive of antennas. Conditional ltSes. 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. B. Coxmnunication Towers, as defined in section 2.6.35 of this code, for essential service uses, that exceed a height of 75 feet above grade, inclusive of antennas shall require site-specific conditional use approval. Otmloor Display and Sale qf Merchandise. Words sir'ack through are deleted, words underlined are added. 10 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 Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions: 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. 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 permitled in conjunction with "Main Street" approved vendor carts, provided the applicant subn'fits 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 clem'ance 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 struc'iures. 1. All structures shall 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: Outdoor caf6 areas, shall be exempt from parking calculations. 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. 1. As required in division 2.5. and as set forth below: 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. Sandwich Boards are permitted, one per eating establishment, not to exceed 6 square feet in size and shall only be displayed during business hours. Words ~';truck t!~rougk are deleted, words underlined are added. II 2.2.28.8.12 ? o '>8 8 13 Co,tmerc'ial 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 fl;onting 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 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, shall be applicable to projects with a total building square feet of less than or_equal to 5,000 square feet. Lam/xcaping 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 to pro.jeers with a total building square feet 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 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 with a single row hedge and trees spaced no more than 30 feet on center. The hedge shall be a mininmm 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 per lot/parcel or one tree per 40 linear feet whichever is greater, shall be required adjacent to all rights-of-ways; 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. Words ,' .......~ '~- ..... ~' are deleted, Wol~ds underlined are added. 12 Section 2.2.33. Bayshore Drive Mixed Use Overlav District. 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 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. Apl)licabilio;. 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. Words struck ',4qrough arc deleted, words underlined arc added. 13 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT CRIC<E¥ LAKE RENTAL aPTS CONDO Insert This Map BMUD 4/1 Words '~;tru'ck th:'oug4q are deleted, words underlined are added. 14 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT 2.2.33 3 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. SubdistHctx. 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 Map I and further identified by the designation Words gtruc!.~ ,i ........ ~. ...... s- are deleted, words underlined are added. 15 2.2.33.5 2.2.33.6 "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 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. 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. Permitted ttses. For all of the properties located within the Neighborhood Commercial Subdistrict, as indicated on Map 1, the Bayshore Drive Mixed Use Overlay District, the following uses are permitted as of right in this subdistrict: ITl. FI. O. p. aa. bb. CC. 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 with the following limitations: multi-family uses are permitted above commercial uses on lots fronting Bayshore Drive, Words 'struck t!n'ougI~ are deleted, words underlined are added. 16 33.9 no single family units are permitted on lots fronting Bayshore Drive Prohibifed u.¥e.¥ 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: do n. o. p. q- t. U. Gasoline service stations (5541). Outdoor storage or merchandising unless specifically noted 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 (752 i) shall not be permitted on parcels that have water access Pawn Shops. (5932) Title Loans. (6541) Self and mini storage units. (4225-4226) A cc(?ssol~.; Ltses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within in this subdistrict are allowed unless otherwise prohibited by this subdistrict. 2. Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. 3. Lots adjacent to Neighborhood Commercial (NC) and Waterfront District (W) subdistrict, as indicated on Map BMUD gl, 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) Churches and houses of worship (8661) Outdoor display and sale of merchandise. The following regulations govern the outdoor display and sale of merchandise. 1. No automatic food and drinking ',,ending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site and n-mst be architecturally integrated within the project site. 3. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: Words '.;true!: th:-oug!~ are deleted, words underlined are added. 17 2.2.33.1 l 2.2.33.11.1 2.2.33.11.2 2.2.33.11.3 .... 33. ! 1.4 1. ,2 13. The outdoor display/sale of merchandise is lin'fired 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: l. 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 accessory to. 6. Vendor carts located on sidewalks must afford a five-foot clearance for non-obstructed pedestrian traffic. Di.ze~zsio~al standards. Mi~ti/'mtm Yard requirements. 1. 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. 2. Side Yards -Five (5) feet, except when abutting the residential district then it will be 15 feet. 3. Rear Yards- Twenty (20) feet 4. Waterfront- Twenty-five (25) feet- outdoor seating areas, canal walkway, water management facilities, and landscaping area 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 purposes. 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, building placement on a lot can vary from the required setbacks, provided such variation is recommended by the CRA Staff and the County Architect and approved by the Planning Services Department Director. Mrtximztm Densi~. For the residential component- 12 units per acre as required by the Growth Management Plan. Mi~zimum floor area. Seven-hundred (700) square foot gross floor area for each building on the ground floor. Mrtxittmtn height off'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. First floor of the building at the sidewalk level shall be no less than 12 feet and no more than 18 feet in height t¥om 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 30 feet from the front setback line on all floors. The remaining depth may be used for parking. Words "' ...... I. l¼ ........ h ................. S.. arc deleted, words underlined are added. 18 Figure 1- Plan of a typical corner lot development 2.2.33.12 Parking Standards 1. 3 spaces per 1000 square feet of floor area open to the general public commercial use 2. Minimum one Il) parking spaces for each residential unit. 3. Outdoor cafd areas shall be exempt from parking calculations. 4. Access to the off-street pm'king 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 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. 6. 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 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. 7. Lots adjacent to Neighborhood Commercial (NC) and Waterfront District (W) subdistrict, as indicated on Map BMUD #1, may be used for off-site parking provided the lots are under the stone ownership and have been approved by the Planning Services Department Director. A Site Development Plan shall be submitted to the Planning Services Department Director. Words 'struck through are deleted, words underlined are added. 19 Figure 2 - Typical on-street parking on local streets 8. 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 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 the control of the applicant the property owner may request an extension fi;om the Planning Services Department Director. These spaces must be used toward the f~lfillment 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 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. 10. Shared Parking requirements shall be consistent with those provided in Section 2.3.5 2.3.4.11.2.C 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 ,.~.,.,.~,~ q < ~ ~ _Shared parking spaces can be separated by Bayshore Drive provided the two properties are located with the BMUD. 2.2.33./3 Landscaping- as required in division 2.4, shall apply unless specified otherwise below: 2.2.33.13. I 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, at 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 unless a variation is recommended by the CRA staff and the County Landscape Architect and approved by the Planning Services Director. Words struck throag5 are deleted, words underlined are added. 20 2.2.33.13.2 2.2.33.13.3 -~.-.33.13.4 2.2.33.13.5 2.2.33./3.6 2.2.33.14 2~2.33.15 2.'2.33.16 Landscape buffer requirements for multifamily residential development adjacent to single family residential property. A ten-foot- wide Type B landscape buffer with narrow tree canopies proportionate to the narrow buffer space shall be installed. 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. Rear Landscaping Requirements,~br neighborhood Commercial and Waterfront Districts adjacent to the water,~?ont. 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. Landscape requirements Jbr properties fronting Bayshore Drive. The intent is to integrate 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. L~,tdsc,pe screening ~f mechanical equipment such as air-condition units. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves or be screened with a three-toot high hedge, spaced three feet on center. l_,andscape buffer requirements tbr marina development contiguous to residential 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. 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. Loading docks and service areas shall not be allowed on the frontage line. 3. All dumpsters must be located in the rear yard and not visible from Bayshore Drive. 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 fi'onting Bayshore Drive 3. 35 percent of the building fagade that face Bayshore Drive will be clear 4. The first floor of the primary facades shall, at a minimum, utilize clem' glass windows between the heights of three feet and eight feet above the sidewalk grade. Attached building awnings may encroach over the setback line by a inaximum of five feet. Neon colors shall not be used as accent colors Sig~s. Division 2.5 shall apply, unless specified below: 1. One wall sign shall be pernfitted for each single-occupancy parcel, or for each establishment in a ~nultiple-occupancy parcel provided such signs do not exceed 20 percent of the total square footage of the visual fagade of the building to which the sign will be attached and shall not exceed 65 square feet in area. Words 'struck through are deleted, words underlined are added. 21 2.2.33.17 ..~.3a.18 '2.2.:3'3. [ 9 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 in which the sign will be attached. This sign shall be elevated to a minimunn 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 addition sign to be placed on the fac, ade 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. Waterfront Subdistrict - The purpose of this district 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 [:or limited marina uses. Permitted Uses a. All uses permitted within the Neighborhood Commercial Subdistrict are permitted. b. Marinas. (Group 4493. except all repair and storage of boats must be conducted in an covered area or area internal to the site.) Boats available for rental purposes shall be located in the water or properly screened fi'om the oad ays nr .... ~,,;,~ ,~;,.~ ..... ~,~,-~ r .... ~ ~..,..,, ,~h,~ ~.~ ,,;,,;~.~ Conditional Uses-Marina a. Fuel Facilities (if pernfitted the fueling station canopy must be architecturally consistent with the building design.) Conditions for marinas All repair and storage shall not be visible from the local street. All ~,ol ~ consistent with the 5u;daing ;~t serve:;. Boats available for rental purposes shall be located in the water or properly screened from the local roadways and not 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. Outdoor display of new boat sales on properties fronting Bayshore Drive shall be limited to the following: 1. All areas used for new boat sales shall not be more than thirty-five Special a. Jo. (35) percent of the linear frontage of the property. All boat sales are limited to new boat sales. All new boat sales areas shall not be closer to the frontage line than the primary building it serves unless recommended by the CRA staff and administratively approved by the Planning Services Department Director. Words "* ..... ~ d .........~. .............. s" are deleted, words underlined are added. 22 2.2.33.21.1 2.2.33.21.1.1 2.2.33.22.1 2.2.33.'2'2.'2 4. All new boats located within an outdoors-sales area shall not exceed the height of seventeen (17) feet above existing ground. 5. Outdoor sales areas shall provide a pedestrian connection from the parking area and the building to which it serves. 6. An additional landscape buffer is required around the perimeter outdoor sale area. This buffer must include, at minimum 14' high trees spaced at 30' on center and a three- (3) foot high double row hedge spaced at three (3) feet on center at the time of planting. Outdoor display of boat sales on properties fronting Haldeman Creek shall be limited to the following: 1. All areas used for boat sales shall not be more than fifty (50) percent of the linear frontage of the property. 2. All boat sales areas shall not be closer to the frontage line than the primary building it serves unless recommended by the CRA staff and approved by the Planning Services Department Director. 3. All boats located within an outdoors-sales area shall not exceed the Parking 1. height of thirty-five (35') feet above the existing ground. Sailboat masts are exempt from this height limitation. Outdoor sale area shall provide a pedestrian connection between the parking area and the building to which it serves. An additional landscape buffer is required around the perimeter outdoor sale area. This buffer must include, at minimum 14' high trees spaced at 30' on center and a three- (3) foot high double row hedge spaced at three (3) feet on center at the time of planting. Parking requirements are the same as those set forth in the Neighborhood Commercial sub-district. Marinas- one parking space per five dry boat storage spaces. On-site traffic circulation system shall be provided that will accommodate areas fei' the loading and unloading of equipment that will not encroach on residential developments. Residential Subdistrict 1 (RI). 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 faffade 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. Permitted uses. The following uses are permitted as of right. a. Single -family dwellings b. Two-family dwellings c. Townhouses d. Multi-family dwellings 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 Minimum lot width: Single-family: 50 feet. Two-family: 50 feet. Townhouses 25 feet Multi-family 100 feet. uses Words 'struck tl:rt~ugh are deleted, words underlined are added. 23 2.2.3 '3. '2 "2.4 R-I Yard requirements. The ibllowing yard requirements shall apply and are in relation to the platted property boundaries. Front Yard Min. Side Yard Min. Rear Yard At* One (Single) Family 7-1/2 feet unless Dwelling Units 10 feet abutting commercial 15 feet 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 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 2.2.33 .'22.8 '~ * 33 oo 9 2.2.33.22.10 be 10 feet from the property line to the building footprint. Mininmm floor area: 750 square feet per unit Maximum heighz of structures. (Measured from Federal Ernergency Management Agency (FEMA) to building eave) Principal structures. Three habitable floors or a measure of 40 feet. Accessoo, 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. Minimum ojJ-street parking. Mininmm off-street parking is one space per dwelling unit. There shall be no visible parking area from the fi'ontage road. On street parking requirements.(RESERVED) Building placement and design. Buildings and their elements shall adhere to the /bllowing: (See figure 43 4): Buildings shall be divided using articulation and/or modulation at least every 80 feet. Fa9ade 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. The primary residence shall be oriented to the street. Orientation is achieved by the provision of a fl'ont fa9ade 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 height hedge spaced three feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. Stem wall construction required, no monolithic construction allowed. Elevatiou. Buildings shall adhere to the fbllowing elevation requirements: Words 'struckqlwough are deleted, words underlined are added. 24 2.2.33.22.11 2.2.33.22.12 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 fagade area below the first floor must be treated with a solid facade 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. Fro~t 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. Front porches must cover a minimum of 40% of the horizontal length of the l¥ont yard fagade 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. 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. 3. 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. 4. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. 5. Garages shall be recessed a minimum of three (3) feet behind the fi'ont fa~iade of the primary residence. 6. No carports are permitted. Accesxo~ Ur~its. An accessory units is a separate structure located at 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 shall not be transferred independently of the primary residence. The following regulations regarding accessory units apply: Only one accessory unit is permitted per principal primary reside, ncc structure. The maximum area of an accessory unit is 550 square feet, limited to one habitable floor. The accessory unit may be above ~ a garage and o.__rr 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 at maxilnum 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 trom the FEMA first habitable floor height requirement to the eave, 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. Words sir'ack thraugl~ are deleted, words underlined are added. 25 2.2.33.22.14 '2.2.33.22.15 Density. Maximum 12 units per acre, or as consistent with the Growth Management Plan. Fencing standards. Fencing forward of the primary facade is permitted under the following conditions: I. Fencing does not exceed four feet in height. 2. Fencing provides an open view; no opaque fence is permitted. 3. Chain link fencing is prohibited. 4. Fencing material shall be wood, vinyl, or iron. 5. An opaque masonry wall is permitted and shall not exceed three feet in height. 6. Fencing and walls must architecturally Complement the primary structure as determined by the CRA Staff and the Planning Services Director. Figure 3 - Typical fencing '2.2.33.23 Residential Subdistrict 2 (R2). 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 fagade articulation of traditional neighborhood design. Development standards for the district are the same as those set forth for the Residential Subdistrict 1, unless set forth below. 2.2.33.23.1 R-2 Yard requiremems. 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) Fmnily 25 feet 7.5 feet 15 feet Dwelling Units 6 feet unless abutting Two Fanfily 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. 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 district are the same as those set forth for the Residential Subdistrict 2, unless set forth below. The home occupations permitted include: accounting (8721), auditing and bookkeeping (8721), barber shops and beauty salon (7231 except Beauty Culture Words ,-,..,.~.1. ,h,-..,,,~i. .............. s,, arc deleted, words underlined are added. Schools, Cosmetology schools, or Barber Colleges), engineer and architectural services (8713,8712,8711), insurance agents and brokers .(.6411), legal services (8111), real estate agents (6531 except Brokers of Manufactured homes, on site; Housing Authorities, operating). 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: The property proposed to support the home occupatiOn shall contain a minimum of one (1) dwelling unit. 2. & 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. ~ The business shall not employee more than two employees at any given time. & Employees, customers or clients of the home occupation are permitted to travel to and fi'om the residence. ~. The business shall not have more than two customers or clients at a time. All customers or clients shall be by appointment only. 6: One wall sign shall be permitted provided it does not exceed 6 square feet in area, and shall not project more than 4 feet from the building in which the sign will be attached. ~. The home occupation use is limited to only two (2) client/customer vehicles at a time, in addition to two (2) employee vehicles, either on the property or on the residential street in front of the property. In order to protect the visual aspects of the residential neighborhood, no more than four (4) parking spaces can be created for off-street parking relative to the home occupation. Any need for parking generated by the home occupation use shall be met off the street and other than ina required front yard. 8:. Parking areas must be a dust free surface such as; mulch, shell, or asphalt. A single row hedge at least 24 inches in height at the time of planting shall be required around all parking areas; 10. ~ No additional driveway, to serve such hOme occupation, shall be permitted. II. 10. There shall not be outdoor storage of materials or equipment used or associated with the home occupation, nor shall goods or merchandise be displayed in a manner, Which may be visible from outside the dwelling unit. 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, which this section is based on, becomes legally effective (Ordinance 2000-87). Words 'struck through are deleted, words underlined are added. 27 Figure 4-Typical front elevation for residential development. Delete these pictures Fig. ure 4-Typical front elevation for residential development. Insert these pictures Words '~tr'dck tl:rc~ug!: are deleted, words underlined are added. 28 !11t1IIIII II1111111111 ~ I~ Nec. 2.2.34. Goodland Zoning Overlay (GZO) District _.=.34. t 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 comnmnity. Geographic Boundaries: The boundaries of the Goodland Zoning Overlay District are delineated on Map I below. Words 'air'rick through are deleted, words underlined are added. 29 GOODLAND PEAR TREE AVENUE COCONUT AVENUE RSF- ZONING OVERLAY BOUNDARY I MAP I .... _$4.3 Applicability: These regulations apply to the above-described geographic area. These regulations are intended to supplement the existing land development regulations found in the LDC. In the event of a conflict between other provisions of this Code and these regulations, these regulations contained in this overlay shall control. .... 34.4 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. 2.2.34.4.1 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. 2.2.34.4.2 Minilnum 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. 2.2.34.4.3 Minimum lot requirements. As provided for in the Residential Single Family District (RSF-4) for each permitted, accessory, and conditional use except for the following: Minimum Lot area: 5,000 square feet. Minimum Lot width: 50 feet. Minimum yard requirements. As provided for in the Residential Single Family District (RSF-4) for each permitted, accessory, and conditional use except for the following: Words '~;trLlck ....... s" arc deleted, words underlined are added. 30 2.2.34.5. .... 34.5 1. 2.2.34.5.2. .... 34.9. 2.2.34.0.1. a. Side Yard: 5 feet. Parking/storage of major recreational equipment and personal vehicles. Property owners within the VR and RSF-4 zoning districts (except for specifically designated Travel Trailer Subdivisions) may park or store their boats, trailers, recreational vehicles and other recreational equipment in any yard subject to the following conditions. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a VR or RSF-4 zoned lot. No recreational vehicle or equipment shall exceed 35 feet in length. No recreational vehicle or equipment shall be parked, stored or encroach in any County right-of~way or easements). Recreational vehicles or equipment that exceed 35 feet in length shall be subject to the provisions of Section 2.6.7.2 of this Code. Property owners within the VR and RSF-4 zoning districts may park their personal vehicles in a drainage swale subject to the following conditions. No vehicle shall block or impede traffic when parked in a drainage swale on a VR or RSF-4 zoned lot. Storage and display of fishing related equipment. Property owners within the VR and RSF-4 zoning districts may store or display fishing equipment (crab traps, anchors and other similar equipment) in any yard subject to the following conditions. The storage of fishing related equipment is allowed only in association with a fishing related business. This shall not prohibit the use of one or two of such fishing related items for decorative purposes. The storage of toxic materials is prohibited. The storage or display of any fishing related equipment must be kept a nfinimum of 5 feet from any property line or County right-of-way. SUBSECTION 3.D. AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DIVISION 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. 2.6.21. 2.{:;. 11.5. Dock facilities. All districts. Whenever a property owner elects to erect a chainlink 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 chainlink fence. This ' '-~ ..... ~" ~;~ ~'~;~' ~ .... gl ily pl regulation sh..,,~,"~-w,,~ to~,,-s~ ~---,: -~-~,, Sin e-fam and du ex/two- family homeowners, A (Agricultural), E (Estates) and CON (Conservation) Words 'struck through are deleted, words underlined are added. 31 zoning districts, and all unimproved property, shall be exempt from the provisions of this section. For unimproved property in zoning districts subject to the provisions of Section 2.8.4.2.3.1 (Architectural Guidelines, Fencing Standards), chainlink fences may be constructed on approval of a building permit; however, on improvement of the subject property, the fence must be removed or brought into colnpliance with the provisions of this section. Sec. 2.6.21. Dock facilities. 2.6.21.2.1. 2.6.21.'2.2. 2.6.21.2.4. Words "' ...... i. th ........ [, ............. s" are deleted, words underlined are added. 32 A 2.6.21.2.7.3. 2.6.21.3. Words 'struck through are deleted, words underlined are added. 33 3 ~ '} 1 2 '7 _o-.6.21 ._-%. I0. (b) 2.6.21.4.1. 2.6.21.4.2. Words su'uck through arc deleted, words underlined are added. 34 Code references-Coastal zone protection, § 22-286 et seq.; waterways, ch. 146. Sec. 2.6.'21. Dock facilities. 2.6.21.I. Individual or multiple private docks, including mooring pilings, davits, lifts and the like are permitted to serve the residents of a development having waterfront property as described in Division 6.3 Definitions, provided they do not protrude ~nore than the respective distances specified in sections 2.6.21.2, and 2.6.21.3, for such waterway or waterbody. 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 extensions of dock facilities are measured fi'om the property line, bulkhead line, shoreline, seawall, rip-rap line, or Mean High Water (MHW) line, whichever is more restrictive, with the following exception: on manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the Planning Services Director may approve an Administrative Variance allowing measurement of the protrusion from the existing MHW line, provided that: 1) a signed, sealed survey no more that thirty i30) days old is provided showing the location of the MHW line on either side of the waterway at the site as well as any dock facilities on the subject property and the property directly across the waterway, and, 2) at least 50 percent of the true waterway width as depicted by the survey, but in no case a distance of less than twenty (20) feet, is maintained for navigability. The allowable protrusion of the facility into the waterway shall be based on the percentages described in section 2.6.21.2.2. as applied to the true waterway width shown on the survey and not the platted canal width. 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 structm'es. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this Code, shall be 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. In addition, any covered structure erected on a private boat dock shall also be considered an accessory use, and shall also be required to be approved through the procedures and criteria of section 2.6.21.3. and 2.6.21.4. of this code. 2.6.21.1.'2. Non-residential dock facilities shall be subject to all of the provisions of section 2.6.2 l 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. 2.6.21.'2. 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. 2.6.21'1 For lots on a canal or waterway that is 100 feet or greater in width, no boathouse, dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). A dock extension in accordance with section 2.6.21.3. may be granted to allow a protrusion of more than 20 feet. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is lesser. A dock extension in Words ....... ~' "' ...... *' are deleted, words underlined are added. 35 accordance with section 2.6.21.3. may be granted to allow a protrusion of more than 20 feet, but at no time shall such an extension be granted to allow more than 25 percent of the waterway width to be occupied. 2.6.21.2.3. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in sections 2.6.21.2 or 2.6.21.4 or as exempted below. All dock facilities (except boathouses) on lots with less than 60 feet of water frontage shall have a side setback requirement of 7 1/2 feet. All dock facilities (except boathouses) on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7 1/2 feet as measured from the side lot line or riparian line, whichever is appropriate. 2.6.21.2.3.1. Riparian lines (see Division 6.3, Definitions, riparian line) for lots at the end or side end of a waterway with a regular shoreline are established by a line extending fi'om the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the two intersecting lots (see Exhibit A). Riparian lines for all other lots should be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, pr perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 2.6.21.2.4. All dock facilities, regardless of length/protrusion, shall have reflectors and house nmnbers four inches minimum size installed at the outermost end, on both sides. For nmltifan-fily developments, the house number requirement is waived. 2.6.21.2.5. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including but [not} limited to the requirements and permits of the Florida department of environmental protection, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 2.6.21.2.6. Protection ofseagrass beds. Where new docking facilities are proposed or boat dock extensions, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of one inch to 200 feet when available from the county, or a scale of one inch to 400 feet when such photographs are not available from the county. Thc location of seagrass beds shall be verified by a site visit by the site development review director or his designee prior to issuance of any project approval or permit. 2.6.21.2.6.1. All proposed dock facilities shall be located and aligned to stay at least ten feet fi'om any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation and hard bottom communities. 2.6.21.2.6.2. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property the applicant shall be allowed to build a dock across the seagrasses, or a docking facility within ten feet of seagrasses. Such docking facilities shall comply with the following conditions: 1. The dock shall be at a height of at least 3.5 feet NGVD. The terminal platform of the dock shall not exceed 160 square feet. 3. The access dock shall not exceed a width of four feet. The access dock and tern-dnal platform shall be sited to impact the smallest area of seagrasses possible. Words struck thrcmg5 are deleted, words underlined are added. 36 2.6.21.2.6.3. The petitioner shall be requited to demonstrate how negative impacts to seagrasses and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. 2.6.21.3. Dock ~'acili~; extension. Additional protrusion of a dock facility into any waterway beyond the limits established in section 2.6.21.2 may be considered appropriate under certain circumstances. The Collier County Planning Commission, at a duly advertised public hearing, shall approve, approve with conditions, or deny, a dock facility extension request based on the criteria below. As to any boat dock extension petition upon which the planning commission takes action, pursuant to section 5.2.11 of this Code, an aggrieved petitioner or adversely affected property owner may appeal such final action to the board of zoning appeals. The board of zoning appeals may affirm, affirm with conditions, reverse, or reverse with conditions the action of the planning commission. Such appeal shall be filed with the Community Development and Environmental Services Division and shall be noticed for hearing by the board of zoning appeals pursuant to the procedures and applicable fee set forth in section 1.6.6 of this Code. The planning commission shall base its decision for approval, approval with conditions, or denial, on an evaluation of the following primary and secondary criteria. In order for the planning commission to approve the request, it must be determined that at least four (4) of the five (5) primary critera, and at least four (4) of the six (6) secondary criteria, have been met. These criteria are: 2.6.21.3.1. Primary criteria. 2.6.21.3.1.1. Whether or not the number of dock facilities and/or boat slips proposed is _appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. ((The number should be appropriate; typical, single- family use should be no more than two slips; typical multi-family use should be one slip pet' dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate)) 2.6.21.3.1.2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or ~noor at mean low tide (MLT). The petitioner shall present evidence of such need in the form of depth soundings and a signed, sealed land survey depicting relewmt water depths. ((The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension)) Whether or not the proposed dock facilitv may have an adverse impact to navigation within an adjacent navigable channel. The petitioner shall present a chart or drawing, to scale, showing the proximity of the facility to any adjacent marked navigable channel. ((The facility should not intrude into any marked navigable channel thus impeding vessel traffic in the channel)) 2.6.21 ".~.1.4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. The petitioner shall present a scale drawing of the waterway at the site showing that this minimum is maintained. ((The facility should maintain the required percentages)) 2.6.21.3.1.5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. ((The facility should not interfere with the use of legally permitted neighboring docks)) 2.6.21.3.2. Secondary criteria Words struck thraugh are deleted, words underlined are added. 37 2.6.21.3.2.1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed facility. ((There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds )) 2.6.21.3.2.2. Whether the proposed facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. ((The facility should not use excessive deck area)) 2.6.21.3.2.3. For single-farnily dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (( The applicable maximum percentage should be maintained)) 2.6.21.3.2.4. Whether or not the proposed facility would have a major impact on the waterfront view of abutting waterfront property owners. ((The facility should not have a major impact on the view of either neighbor)) 2.6.21.3.2.5. Whether or not seagrasses are located within 200 feet of the proposed facility. ((If seagrasses are present, compliance with section 2.6.21.2.6. must be delnonstrated)) 2.6.21.3.2.6. Whether or not the proposed facility is subject to the manatee protection requirements of section 2.6.22. ((If applicable, compliance with section 2.6.22 must be demonstrated)) If deemed necessary based upon review of the above criteria, the planning commission may impose such conditions upon the approval of an extension request it deems as necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four inches. 2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure built on a dock, may be approved by the planning commission using the same procedures described in section 2.6.21.3; however, the criteria in section 2.6.21.3. shall apply 2.6.21.4.1. 2.6.21.4.2. 2.6.21.4.3. 2.6.21.4.4. 2.6.21.4.5. 2.6.21.4.6. only to simultaneous application for both a dock extension and a boathouse. In cases where the boathouse is to be constructed on an existing, legally permitted, dock, these criteria shall not apply since the dock itself is already in compliance with the code. In all cases, the following additional criteria shall apply to boathouses, and all of these criteria must be met in order for the Planning Commission to approve the request: Minimum side setback requirement: 15 feet. Maximum protrusion into waterway: 25 percent of canal width or 20 feet, whichever is less; the roof alone may overhang no more than three (3) feet into the waterway from the maxinmm protrusion and/or side setbacks. Maxinmm height: 15 feet as measured from top of seawall or bank, whichever is more restrictive, to the midpoint between the peak and eaves of the roof. Maximum number of boathouses or covered structures per site: One (1). All boathouses and covered structures shall be completely open on all four sides. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style; a single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Words struck t!wou=-4~ are deleted, words underlined are added. 38 (Ord. No. 92-73, § 2; Ord. No. 93-37. § 3' Ord. No. 94-58, § 3, I0-21-94: Ord. No. 95-58, § 3, 11-1-9,5: Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.D, 6-4-97) Code references--Coastal zone protection, § 22-286 et seq.; waterways, ch. 146. 2.6.34.1. 2.6.34.1. 2.0.34.2. 2.6.34.3. 2.6.34.~.1. 2.6.34.30 _,.t~,.34.? .3 ,.6.34.3.4 2.6.34.4. Annual Beach Events Permit: The owner of beachfi'ont 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. 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 ¸2. 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: 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. Notice of Scheduled Events: 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. 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. All notices furnished to Collier County pursuant to the permit shall be sent to Collier County Planning Services Department. All notices or documents furnished to Collier County pursuant to the permit o~_z' these regulations shall be sent to Collier COunty Planning Services Department and for events which occur during sea turtle nesting season, to the COllier County Natural Resource Department as well. Event Cancellations and Postponements: Words 'struck through are deleted, words underlined are added. 39 2.6.34.4.2. 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. 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. 2.6.34.5.1. 2.6.34.5.2. Annual beach events which occur during Sea Turtle Nesting Season (May 1st throu October 3 1st of each year: ...... 6 ................. s ............. ............ regulations. ~ are also subject to the following ~-~;~:"~ ' " A cop:,' of the All required Florida Department of Environmental Protection (FDEP) Field Permits,_ if ~,~,~,,,,,,~:~,~ ~,,,,,j ,r:r"*xr>,-,~,~, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 2.6.34.3.. Consistent with section 3.13.7.3., and 3.14.6., no structure 8set_ ~t~,"~' .......... ;~'"'~;~s or beach raking~ or mechanical cleaning activity for any partiCular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and pOssessing a valid Fish and Wildlife Conservation CommissiOn Marine Turtle Permit has been completed ~:.6._,4.5.3. 2.6.34.5.4. 2.6.34.5.5. 2.6.34.5.6. 2.6.34.5.8. 2.6.34.6 Use of vehicles on the beach is prohibited, except as may be permitted under Section 3.14.3., 3.14.5, or 3.14.6., ~rm;o ~,a~ Consistent with section 3.13.7.3., &all materials placed on the beach for the purpose of conducting dae permitted Beach Events shall must be removed from the beach by no later than 9:00 p:m. of the date of the event and no structures may be set, placed, or stored on, or within ten feet of any beach dUne. 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, Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its planned location or to have additional reaSOnable limitations placed on the event pursuant to the recommendation of Collier County Natural Resources Department in order to protect the identified sea turtle nests. Pole lighting, and any other object or structure designed to penetrate the beach sm'face by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. A copy of all Nnotices required by this any permit or these regulations shall must also be furnished provided by the permit holder t© Collier County Natural Resources Department. Penalties. Violations of this section which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to the following penalties, notwithstanding the penalties set forth elsewhere in this COde. Words struck thr,,mgh are deleted, words underlined are added. 40 2.6.34.6.2. First violation: Second violation: Third or more violation $500 fine. $500 fine and a 7 day suspension of permits for beach events. $500 fine and a 60 day suspension of permits for beaCh events. Violations of this ssection which occur during sea turtle nesting season are subject to the following penalties, notwithstanding the penalties set forth elsewhere in this Code: First violation: Second violation: Third or more violation: $500 fine. $1,000 fine and a 7 day suspension of permits for beach events. $5,000 fine and a suspension of permits for beach events for the balance of sea turtle nesting season or 60 dayS, whichever is greater. For this subsection only, and for purposes of determining the penalty to be applied under this subsection based upon the number of prior violations, violations which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, will be considered as violations to be counted toward the number of violations during sea turtle nesting season on an annual basis. Thus, any violations occurring on or after November 1st until the following April 30th (i.e., subject to the penalties set forth above in section 2.6.34.5.1.) will be considered as prior violations, such that any violations which subsequently occur during the annual sea turtle nesting will constitute either a second or third ('or more) offense depending upon the number of prior violations. slUBSI,C~I ION 3.E. AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES DIVISION Division 2.7., Zoning and Administration Procedures, of Ordinance 91-102, as amended, the Collier CoLmty [,and 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. hnprovement of property prohibited prior to issuance of building 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 permit where the development proposed requires a building permit under 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. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed all required inspection(s) and certificate(s) of Words struck thr',;ugh are deleted, words underlined are added. 41 occupancy must be obtain within two (2) weeks alter the issuance of after the fact permit(s). 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 Prqjects, 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. 2.8.3. Architectural and site design standards and guidelines for commercial buildings and projects with a gross building area of 20,000 square feet or larger. 2.8.3.7.2. Landscaping. The following requirements, with the exception of building perimeter plantings, shall be counted toward the required greenspace and open space requirements of division 2.4. of this code. At the time of planting, trees located in vehicular use areas and in adjacent r.o.w and perimeter buffers shall be a minimum of 12 to-t4 feet height with a ~ four and one-half foot spread and a two and one-half inch caliper and shall have a clear trunk area to a height of seven feet. Parking lots containing over 200-,,,,,'mn parking spaces or 50,000 aa,,,,,,,,,,c~nn s.f. of vehicular use area shall provide trees at a minimum height of 14 feet with a seven and one half five-foot spread and a four and one-half three inch caliper and shall have a clear trunk to a height of six ~ feet. For parking lots of 300 400-s~. or more parking spaces or 80,000.,-,,,,,,,,,~)~ nnn s.f. or more of interior vehicular use area, trees shall be a minimum height of ......... loot spread and a five r t ...... feet with a nine- °; .... n ~ ,,,~r - inch caliper and a clear height of seven e4gh{ feet. SUBSECTION 3.G. Division 3.2., Subdivisions, of Ordinance Development Code, is hereby amended to read as follows: DIVISION 3.2. SUBDIVISIONS Sec. 3.2.6 Subdivision review procedures AMENDMENTS TO SUBDIVISIONS DIVISION 91-102, as amended, the Collier County Land 3.'2.6.5.3. Procedures for acceptance of required improvements. The applicant shall submit the following data, certifications, inspections and documents for review and approval by the site development review director prior to the board of county commissioners denying, granting, or granting with conditions preliminary acceptance of any completed required improvements and prior to authorizing the site development review director to issue any building permits for structures to be Words struck ** .......... ~ are deleted, words underlined are added. 42 constructed within a subdivision or development, where the developer has chosen to construct the improvements prior to recording of the plat. Completion certificate, record improvement plans and supportive documents. The required improvements shall not be considered complete until a statement of substantial completion by the applicant's professional engineer of record along with the final development records have been furnished to, reviewed and approved by the development services director for compliance with this division. The applicant's professional engineer of record shall also furnish one set of record improvement plans on a Mylar or other similar acceptable material, with a minimum of two mil thickness, and two sets of certified prints acceptable to the development services director, showing the original design in comparison to the actual finished work. The Mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. The applicant's pro~ssional en neet shall also submit a~,,.~. ~ ................ ~ .... d~ ~ng digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection. and a North American Datum 1983 (NAD83 datum), with United States Survey Feet (USFEET) units; files shall be in a Digital Exchange File (DXF) format: information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by County Staff. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that laver. Example: parcels - all lines that form the parcel boundary will be located on one parcel laver. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions lottxt layer. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional land surveyor and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: Sec. 3.2.8 3.2.8.2.18. Improvement plans. Upon re-submittal of construction plans and plat, the engineer shall identify all revisions to the construction plans by lettering or numbering; the surveyor shall identify all revisions to the plat by highlighting the current revisions. The applicant shall also provide a written response to the county's comments, responding to each comment individually. 3.2.9.1.6. After the final subdivision plat has been approved by the development services director for compliance with this code as provided in this division, the applicant shall resubmit five certified sets of the previously approved improvement plans along with approved copies of all required county, state and federal construction Words struck '~ ........ ~' are deleted, words underlined are added. 43 permits. The .... ~vv .......................... The applicant's professional engineer shall also submit a digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983 (NAD83 datum), with United States Survey Feet (USFEET) units; files shall be in a Digital Exchange File (DXF) format; information lavers shall have common naming conventions (i.e. right-of-way - ROW, centerlmes - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood bv County Staff. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and rednce the number of paper copies to be submitted.. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt laver, a computer ditek ,, ...... :~ ............... to ,'.~.~:~:~.-~A:t:) and ...... ~,~ ~ m~ ~ .... ~ ..... , ..... ; .... dig ............ All construction permits required Dom local, state and federal agencies must be submitted-to the development services director prior commencing development within any phase of a project requiring such permits. 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 .3.12. Electronic data requirements. After the final site development plan has been approved by the development services director for compliance with this code as provided in this division, the applicant's professional engineer shall also submit a digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983 (NAD83 datum), with United States Survey Feet (USFEET) units; files shall be in a Digital Exchange File (DXF) format; information lavers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by County Staff. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applic~ations to be reviewed faster, and reduce the number of paper copies to be submitted. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the Words ~;truck through are deleted, words underlined are added. 44 parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt laver. SUBSECI IO 3.1. 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 follow's: DIVISION 3.5 EXCAVATION Sec. 3.5.3. Applicability; permit required. It shall be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefor, except for public capital facility projects, or as otherwise provided herein. SUBSECTION 3.J. AMENDMENTS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE DIVISION Division 3.13.,. Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE Sec. 3.13.7. Exemptions SCC. ~ ~.13.7.3. Any structure{sg~_such as beach umbrellas and beach furniture,_that_ l_Z_do not constitute fixed structure(s), 2_2_)_do not require a building permit, 3) weigh less than 100 pounds,_and 4) upon review by the d, eve-!opmm~ planning services director or his designees= is/are determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1 - October 31) unless the structures are removed daily from the beach prior to:9:00 p.m. and are not moved onto, or placed on, the beach before monitoring conducted by personnel with prior experience and training, in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. Sec. 3.13.9. Penalty and civil remedies 3.13.9.3 Petzalty ['or a violation to Section 3.13.7.3. Violations of Section 3.13.7.3 which occur during sea turtle nesting season are subject to the following penalties: First violation: Second violation: $500 fine $1,000 fine and a 7 day suspension from the exemption allowing placement of strUctUres on the beach. Words struck tln-c'ag5 are deleted, words underlined are added. 45 Third or more violation:S5,000 fine and suspension from the exemption allowing placement of structures on the beach for the balance of sea turtle nesting season or 60 days, whichever is greater. For purposes of determining the penalty to be apPlied based upon the number of violations, under this subsection only, the number of violations will not carry over from one sea turtle nesting season to the next. SUBSECTION 3.K. 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 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 exe~npt 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. 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. 3.14.,3.4.4. All vehicles shall be equipped with large pneumatic tires i~n .... having a maximum ground-to tire pressure of 10 PS1 (pounds per square inch), as established by the Standard PS I Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. 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 loot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3. i 4.3.4.6. When not in use all vehicles shall be stored off the beach; 3.14.3.4.7 During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after the Collier County Natural Resources Department (CCNRD) sea turtle monitoring staff has completed their inspection of the beach; 2) there shall be no set up of chairs or hotel or commercial beach equipment until after the CCNRD staff has monitored the beach; 3) one (1) ingress/egress corridor shall be established perpendicular to the shoreline from the owner's property and Words §trucl-~ '~ .........h are deleted, words underlined are added. 46 4~ all vehicles shall be operated below MHW. If at anytime the Natural Resources Department determines that the established corridor may cause adverse impacts to the beach, nesting sea turtles or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be established. If no alternative is available, the Vehicle on the Beach permit may be revoked for the remaining period of the sea turtle season. 3.14.3.5. Vehicle-on-the-beach permits issued in conjunction with permanent concession facilities: shall be exempt fi'om 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.~4.3.5.1. 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. 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 ne, :'aorc than having a maxinmm ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. 3.14.13.5.4. Permits shall only be issued for ATV's 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. 3.14.3.5.5. When not in use all vehicles shall be stored off the beach; 3.14.3.5.6. These vehicles n-my not be. used for transportation of people 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. s~asoI'I. ~. 14.3.5.7. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after the Collier County Natural Resources Department ~CCNRD) sea turtle monitoring staff has completed their inspection of the beach; 9_2 there shall be no set up of chairs or hotel or commercial beach equipment until alter the CCNRD staff has monitored the beach; 3) one (1) ingress/egress corridor shall be established perpendicular to the shoreline from the owner's property and 4) all vehicles shall be operated below MHW. If at anytime the Natural Resources Department determines that the established corridor may cause adverse impacts to the beach, nesting sea turtles or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be established. If no alternative is available, the Vehicle on the Beach permit may be revoked for the remaining period of the sea turtle season. Words struc!~ tht-ough are deleted, words underlined are added. 47 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. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies. >. 14.3.6.4. Permits shall only be issued for ATV's 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 weigh 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 ;~,n,,~,~ ......... ~,.~ having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. 3.14.3.6.6. When not in use all vehicles shall be stored off the beach; ~14.3.6.7. 3.14.3.6.,'7 During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after the Collier County Natural Resources Department (CCNRD) sea turtle monitoring staff has completed their inspection of the beach; ~ there shall be no set up of chairs or hotel or commercial beach equipment until after the CCNRD staff has monitored the beach; 3) one (1) ingress/egress corridor shall be established perpendicular to the shoreline from the owner's property and 4) all vehicles shall be operated below MHW. If at anytime the Natural Resources Department determines that the established corridor may cause adverse impacts to the beach, nesting sea turtles or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be established. If no alternative is available, the Vehicle on the Beach permit may be revoked for the remaining period of the sea turtle season. 3.14.3.7 Tire tread identifications: All rear tires shall be marked with raised metal lettering (minimum V2 inch thick attached to the raised tread of the tires) in order that field identifications can be made when vehicles are used on the beach. This identification shall be required for all new vehicle on the beach permits issued for ATV's and for all vehicles using the beach during sea turtle season. Section 3.14.5. Beach raking and mechanical beach cleaning Words struck tl:roug5 arc deleted, words underlined are added. 48 3.14.5.1. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is r-eq-uir-ed, obtained. 3.14.5.2. 3.14.5.3. Beach raking and mechanical beach cleaning ~,~n ~, .... ~,;~,,, {~ ........... j ..... must comply with the provisions of section 3.14.6 of this division. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. 3.14.5.4. 3.14.5.5. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed one inch, in order to avoid a potential increase in the rate of erosion. In cases where the one-inch depth is not sufficient, a maximum depth of two inches, as allowed by the department of natural resources, will be permitted where approved in writing by the development services director. Heavy equipment shall not be used to conduct beach raking and mechanical beach cleaning. Lightweight vehicles having wide, low profile, low pressure tires shall be used to conduct beach raking and mechanical beach cleaning operations. Sec. 3.14.6. Operations of vehicles on the beach during marine turtle nesting season. The operations of motorized vehicles, including but not limited to and self- propelled, wheeled, tracked, or belted conveyances, ~:is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except/-a-eases for purposes of law enforcement,. emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this division. 3.14.6.1 All t~beach raking and mechanical beach cleaning during sea turtle nesting season, May I to October 31, of each year, shall be confined to the area of beach below mean high water or previous high-tide mark and "~ ..... ~= ..... ~"~ v ....... must not begin before monitoring Conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been 3.1.4.7. 3.14.7.1 completed. Penalties Violations of section 3.14.5 or 3.14.6 which do not occur during sea turtle nesting 3.14.7.2. season, i.e., occur outside of Sea turtle nesting season, are subject to the following penalties, notwithstanding the penalties set forth elsewhere in this Code. First violation: Second violation: Third or more violation $500 fine. $500 fine and a 7 day suspension from beach raking or mechanical cleaning activity. $500 fine and a 60 day. suspension of permits for beach raking or mechanical cleaning. Violations of section 3.14.5 or 3.14.6 which occur dUring sea turtle nesting season are subject to the following penalties, notwithstanding the Penalties set forth elsewhere in this Code: First violation: Second violation: Third or more violation: $500 fine. $1,000 fine and a 7 day suspension of permits for beach raking or mechanical cleaning activity. $5,000 fine and a 60 day suspension of permits for beach raking or mechanical cleaning activity for the balance of sea turtle nesting season or 60 days, whichever is greater. Words ,;truck '[' ....... h .....deleted, words underlined are added. 49 For this subsection only, and for purposes of determining the penalty to be applied under this subsection based upon the number of prior violations, violations which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, will be considered as violations to be counted toward the number of violations during sea turtle nesting season on an annual basis. Thus. any violations occurring on or after November 1st until the following April 30th/i.e, subject to the penalties set forth above in section 3.14.7.1.) will be considered as prior violations, such that any violations which subsequently occur during the annual sea turtle nesting will constitute either a second or third i or more') offense depending upon the number of prior violations. SUBSECTION 3.L. AMENDMENTS TO DEFINITIONS DIVISION Division 6.3., Definitions, of Ordinance 91-102, as amended, the Collier County Land Development Code. is hereby ainended to read as follows: DIVISION 6.3. DEFINITIONS Desti~rttion Resort Hotels: A transient lodging facility where generally patrons stay for several days in order to utilize, enjoy or otherwise participate in certain amenities, natural hncluding but not limited to;(i) direct access to the gulf of Mexico,(ii) on-site $olf course and related facilities,(iii)health spa and/or fitness center,(iv)other recreational amenities and on-site services including full dining services and cocktail lounge, entertainment rooms for video and movies and concierg~ services. For Destination R~sort Hotels Fron[in$ on the Gulf of Mexico an on-site golf course is not prerequisite to qualification as a Dcstination Resort Hotel, however, when not located on the ~ulf of Mexico an on- site golf course is a prerequisite to qualification as a Destination Resort Hotel. In all cases all destination Resort Hotels shall include full dining services and a cocktail lounge while not tess than twenty-five(25) percent of the gross floor area shall be devoted to common usage and support service areas. PSI (Pot~tnds per Sq6tare Inch): Sta~dard Formula ~'or Establishing Ground-to-tire (PS1) Formula for establishing a vehicles maximum ground-to-tire pressure in pounds per square inch (psi) for vehicle on the beach and beach cleaning permit conditions (See division 3.14.3): psi= Vehicle weight (lbs) / footprint (in2). Example: 404 lbs (ATV weight) + 200 (person and equipment weight) / 198 inches2 (ATV with a 6"X8.25" foot print X 4 tires) = 3.1 psi Right-of-way: A strip of land, public or private, occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm water drainagevcay, water main, sanitary or storm sewer main, or for similar special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of- way, whether public or private, hereafter established and shown on a plat is to be separate ami distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. (See division 3.2.) Words struck thr.~x~gh are deleted, words underlined are added. 50 SUBSECTION 3.M. AMENDMENTS TO LAND DEVELOPMENT CODE CREATING THE HEARINGS EXAMINER PROGRAM The Collier County Land Development Code, is hereby amended to read as follows: Article 1: DIVISION 1.8 NON-CONFORMITIES Sec. 1.8.6. Change in use. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the bem-~of ze, nin~'ppea4s upon application to the development services director, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the ~'~' ...... zoning .......... t,} ....... ~ bern'lng ~_4'?~.~5~?~n_~¢! may require appropriate conditions and safeguards in accordance with the intent and purpose of this code. 1.8.10.4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes_~ or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier County pt~a~m.~g---e~m~:mi'.~4io~ and approval of the board of ~SLt!B.!.y__comn'i~.5~_i_o_~Nrs zoning alvOea?.~ by resolution. Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may rebuilt a~:te~:-des44~'d3~t-to i_!?ae prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable Building Code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance therefor is obtained from the board ~m~appeats hearing examiner. For the purpose of this division, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion: or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion_~ or replacement shall be presented with each petition. Prior to granting such alteration, expansion,, or replacement of a nonconforming single-family dwelling, duplex or mobile home, the ~a+mie, g-c~mmi~.~4tm hearin~ examiner and the board of county commissioners shall consider and base its approval on the following standards and criteria: Article~..°' 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. Words struck tl:roug~ are deleted, words underlined are added. 51 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: (l) 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. (3) 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. (4) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. (5) The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by tl~e Board-o[ ~:~m-~-g.-Appea. ts~-during the conditional use process. (6) 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) Anriuall¥';._ali_.fi'he l:¢om~4-of Zoning Appeals ~lall review conditional use5 for tour operations~m'm~~ shall be reviewed by the hcarinc, examiner. If during the review, at an advertised public hearing .tl t~.k2i.~.!g_[[l~.....[.~t.¢l.kl_[[9_.B.~Bl_5_.~i~J~.._5.¢&lt_i(l~2_~..Z, it is determined 7~or~&~ei~that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, thc hcarin~ exami~er will recommend to the Bhoard of (..5.?.~.l.pl2.._qS?.t!lkkl~J_i.5.~.(s.~!]ers m,~ [[)5[[._....i.[_rescind the conditional Variances. Any person desiring to erect or increase the height of any structure or use his property not in accordance with the regulations prescribed in this ordinance _Code may apply to the Boti~:t.-.ot:....gonm.g--Appeat-s..-heari n g e x am ino r for a variance from such regulations pursuant to Section 2.7.5. of this Code, except for provisions herein or by Chapter 333, F.S., that are not variable. 2.2.24.6.1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the deYetv~pu~m l~.['_4_tLn.)_t)~g services director and appropriate county staff. The preapplication conference is for the purpose of guidance and information, and for insuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alteration or site development approval will be accepted for formal processing until the ~v-&-~i.m-~m I.?J.~n~!.i~i!~. services director has reviewed the petition to determine Words ,' ....... ~' '[' ........ [- are deleted, words underlined are added. 52 that all required data is included; a minirnum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate. Review and recommendation by~,~.,~ ...... t~"w~e~q-~,l-' · phtnni~ services director, /e&:,,,+in.~....e,,~,n.mi~:s,.km...and e.m4~:o~.,.me.~.~d--~,d-vi.~-e~?b~'~' hearing examiner. The site alteration plan or site development plan shall be submitted to the de~Ml:~em .p.(~.~l.f~5..~g services director who shall have it reviewed by the appropriate county staff. The ~el-epmem ~amfin_g services director shall then forward the site alteration plan or site development plan and the county staff recommendations to the p.i*~m~4.~.e.e.~mm.~s4~.~...a~.&..d~e~v~i-~mme~.a~-~is~.r~-b~+~4-~B~ b.¢.~JZ(~.~g ~..%~.[!2!.J.[!.¢.!5 for review and recommendation within tlnirtv~_0~ da~. :'~ ..... m,~t.iee.-.+e-~ .`t.[ie-a.bt.tt.tm.e-p~:~1~i+v-~.~w.~:e~s.;.~b.m.~..sh.a.[M~e..be~4..h~....~-mg.u~a~:...mee~i~n.~..~. The pt.i,i:m.m?cemi, mi.ss, io~¥..a.t~d....g=&-~ j3~.!.t.[.~Bg. XSp!!X.~l.gL.__r~commendations and county staff recommendations shall be forwarded to the board of county commissioners for final action. 2.2.25.3.2. 2.2.25"3 Development of regional impac! (DRI). The application for development approval (ADA) for the proposed DRI shall include correspondence from the applicant to the Florida department of state, division of historic resources, indicating that the DR1 is in Collier County's designated area of historical/archaeological probability. The ADA shall also include an historical/archaeological survey and assessment, if required by the division of historic resources. The survey and assessment is subject to review by the community devet-op~m.t pJ.~_$)ni_~ services administrator or his designee, and recommendations shall be presented to the Collier Cotm~ pta-am%g-ea-mmi~)~ heat'in~' examiner and the board of county commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the ~4~c-e~nm4~sion hearing examiner and board of county commissioners at their public hearings. Requests jbr land use change. Property under consideration for a rezone or conditional use which is within an area of historical/archaeological probability shall have an historical/archaeological survey and assessment prepared by a certified archaeologist to be submitted by the applicant with the land use change request application and is subject to review by the community ...... ~t.~nni~!g services administrator or his designee. The community p[4n~ services administrator or his designee's recommendations derived from the review of a survey and assessment submitted by the applicant shall be presented to the Collier County ~mnir~commi.~ ~5)rj~g ~nake a recommendation to ~d the board of county commissioners for ~t_ consideration and for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the ~g c(~ion and for' consideration by the board of county commissioners at their public hearings. 2.2.26.3.t4. Variance request. Owners of isolated lots, as of February 5, 1991, (The Adoption of the Golden Gate Master Plan), may petition the board el "- ' ' ..... ~' i~.o~;in~;: c×alninct' for a variance from the standards in this district as will not be contrary i,) 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. The procedures and standards for granting such variance shall be similar to those set forth in section 2.7.5.6 and the following: The variance shall not confer on the petitioner special privileges denied to others in the same zoning district; the variance shall not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare; and the Words su'uck through are deleted, words underlined are added. 53 variance shall be the minimmn variance that makes possible a reasonable use of the land, building or structure. 2.2.28.3.3.2. Owners of lots or combinations of lots having less than the required street frontage may petition the bom'd ol2zon~ng appea¼ hc~Lr_i_r!g examiner 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. 2.2.28.4.3.'2. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the bom:d o!" zoning-tqm_ '~wbs hearing, examiner 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. 2.2.32.3.14. Variance request. Owners of property within the Santa Barbara Commercial Overlay District may petition the boar4 for a wtriance fi-om the standards in this district (Sec. 2.2.32.3.1. and Sec. 2.2.32.3.4- 2.2.32.3.13) 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. The procedures and standards for granting such variances are as set forth in section 2.7.5.6. of this code. 2.2.33.12 Parking Standards 10. 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.!:!s2!.!:.i.!.lg%S_a~l!J.B.g_t; board ot:4otdng appeal:; e~' planning e~mm~on and under Section 2.3.5.3.3, shared parking spaces can be separated by Bayshore Drive provide_t_l the two properties are located with the BMUD. 2.2.33.20 Special conditions for marinas a. All repair and storage shall not be visible from the local street. b. All sales of boats shall occur in a covered area that is architecturally consistent with the building it serves. c. Boats available for rental purposes shall be located in the water or properly screened from the local roadways. d. No outside display of boats for sale or rent shall be visible from Bayshore Drive. e. All boat racks shall be enclosed. f. Height of structures may be increased to a maximum height of fifty (50) feet by-t-be--beard of zo~pea!s (BZ~} upon approval of a variance petition. The....BZA-..;..--izl:n addition to the findings in section 2.7.5, the hearing examiner shall consider the following: will a literal interpretation of the provisions of this zoning code impose a financial hardship on the applicant. Words struck through are deleted, words underlined are added. 54 2.3.3.4. Central business district. Unless otherwise provided, areas designated as the central business district of a community shall not be required to meet the requirements for off-street parking and loading herein. Such central business districts may be designated on a map or such other documents and materials as are necessary and adopted by the board of county commissioners upon recommendation of the l~ commi:;;;k~ !~,cm'm,z caminc~' for the purpose of exempting such area from off-street parking and loading regulations. 2.3.4.11. Locational requirements. Exemptions to Iocational requirements: c. Parking exemption 1. The board-.of--zoni~g--~q~pe~d~' hearing examiner, alter review and recommendation by the ptam-~-e¢,nmiss-ioec'countv stall; may approve a parking exetnption under the [ollowing circumstances: (1) The permitted use and the proposed off-site parking lot are separated by a collector or arterial roadway; (2) The lot proposed for off-site parking is not zoned commercial; (3) Shared parking, in which two or more permitted uses utilize the same, or a portion of the same required parking. (4) Parking reservation~ in which the petitioner believes that the number of required parking spaces is excessive and wishes to reduce the number of parking spaces required to be constructed, while reserving the land area [or future parking spaces ii detertnined necessary by the planning services director, or the board~.~,,~q~peal:; hearing examiner. The planni~g-eom'mis~qion hearing examiner -.and.-~hc~-board--..tg:--~o~inCg ~pp.eats.-shall consider the following criteria for the approval of a parking exemption: 2.3.5.t. Application procedures. An application for shared parking approval may be submitted, and shall be processed in conjunction with a site development plan, pursuant to division 3.3. The determination of the request shall be made by the board of ~,onirm ;:t~:~ea~s I~cari~ examiner, after review and recommendation by the plmm~g co~m4s:~ion ~2~!.~!!.~..t25.5.L~!J~.!.7. The procedural requirements set forth in section 2.7.5 of this code shall be followed in the review and determination of shared parking petitions. Sec. 2.3.16. Off-street parking and stacking: required amounts. Minimum off-street parking space requirements are set forth below. Where stacking is required, the amount listed does not include the first vehicle being serviced (for drive-in windows, stacking starts ten feet behind the middle of the pickup window) and is Words struck thm'agh arc deleted, words underlined are added. 55 computed at 20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking for one lane may be reduced if the reduction is added to the other lane(s). Child care/day nursery/ adult day care center Church/house of worship/temple/ Synagogue 1 per employee of the largest workshifl plus 1 space for every 10 children/adults. In addition, adequate dropoff and pickup areas shall be provided. 3 for each 7 seats in chapel or assembly area. Other uses are not counted except for residential uses. A reduction of this standard to a minimum of 1 space for each 4 seats, may be applied for in conjunction with an application for a site development plan, through the apl:,,, .... .[!y;3z'i~_~g examiner after review and recommendation of the pt,m~'m*g--eema~siol~ _c_ounty staff. This reduction will only be allowed for expansion created by congregational growth, for existing church buildings where the applicant can demonstrate a significant hardship exists. 2.4.5.1. Applicabiliu. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single- family, two-family, mobile home dwelling units, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the boa~:4...ot:....:~,-+m~.~-.~q~petd-s .[..~.~-2¢!;j....n..g ~5.,¢J.!!.i. LLe_.h_.or--e~tu'i-v'tdent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirelnents in off-street vehicular facilities shall be required. Where a conflict exists between the strict application of this division and the requirements for the number of off- street parking spaces or area of off-street loading facilities, the requirements of this division shall apply. 2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following: 1. One ground sign with a maximum height of 6 feet or wall "For Sale," For Rent," or similar sign, with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right-of-way, provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) 2. One ground sign with a maximum height of 8 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum Words struck through are deleted, words underlined are added. 56 of 64 square feet in size, per street frontage for each parcel or lot in excess ten acres in size. 4. Real estate signs shall not be located closer than 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the boar-c~ef zer¥i.n-g-.appeal$ hearing examiner through the variance process. 2.5.5.2.3. Real extate signs: The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: 1. One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign with a maximum area of twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) One ground sign with a maximum height of 15 feel: or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. Real estate signs shall not be located closer than 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the boat~d-,q:---zom~g 'al-~eals .!::bL~!.!~:iJ.~g.....e.'..5.~:lLOj.?r through the variance process. Sec. 2.5.11. Variances. The hc',~rin2 cxumincr, bom:d.-.e~:----zomt~g-.-.appea-ts based upon the evidence given in public hearing.~ and the findings of the p-km~mg--e~mmhssk.m, hCZ4!i.[B.g examiner should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental eflkct on the public interest, safety or welfare. A variance fi'om the terms of this zoning code may be granted based on the requirements of section 2.7.5. or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and procedures set forth in section 2.7.5 of this code. In granting any variance, the bo ..... --~t zcmma' ,~,~,~,,,s hearing examiner may prescribe the Ibllowing: 1. Appropriate conditions and safeguards in conformity with this code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. Words struck through are deleted, words underlined are added. 57 2.6.10.1.1. No such use shall be located within 500 feet of any established elementary', middle or high school, child ca2'e center, public library, church, public park, or public playground, unless a waiver of said distance requirement is granted by a board of ~.ppeat-s ~!!.~!.~;[~5'5.. !&~.i.~..~.i~i...q_5.i.!.?J.Le__~%resolution pursuant to section 2.6.10.3. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2.6.10.3. Waiver of distance requirement. The board of -zemm:g~--al~pea4s county ~?.!i!.~..!.:!~!J.~.i.!.2.~.!:s~!~;~ may, by resolution, grant waiver of part or all of the minimum d~-~'~'~-~ requirement set forth in section 2.6.10. if it is demonstrated by the applicant and detemfined by the board of ~-m-i~g.- appeal.s countX co~nmissioners that the site proposed for the sale and consumption of alcoholic beverages is separated tkom an established business whose primary function is the sale of alcoholic beverages for consumption on premises, school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures or other features which offset or limit the necessity for such minimum distance requirement. The board of ~,~-~:~g ~:-s s~.~..~.~!g.7...~;.or~.~E~:.5..5.~.~![L~.[~f_...decision to waive part or all of the distance requirement shall be based upon the following factors: 2.6.10.3.1. The nature and type of natural or manmade boundary, structure or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park or public playground which is determined by the board of ,?e-~-i.~g----a.ppe~ds county commissioners to lessen the ne:ed for the total 500- foot distance requirement. Such boundary, structure or other feature may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. 2.6.10.3.4. Prior to consideration of such waiver by the board of ~min~ea-b countxZ ~l!!.!mi,'~,_.i_C~pc!i5, the applicant shall provide to the planning services director a written application for waiver of the distance limitation on an application form supplied by the planning services director, including a legal description of all applicable structures with a survey or boundary sketch to scale, and such other information which the applicant can supply which would assist the board of ~omt~g:.--.iippc~t.s county commissioners in its ewduation pursuant to the factors set forth above. Upon receipt of the applicant's application and the applicable application fee established by the board of county commissioners, a public hearing date shall be scheduled before the board of-z-to+m~ .~tl~,i:~etds c<)tmtv commissionei's for a determination on the proposed waiver. The applicant shall notify, by certified mail, the owners or representatives of the subject school, child care center, public library, church, public park or public playground, of the application at least 15 days prior to the public hearing; and evidence of such notification shall be supplied to the planning services director. 2.6.11.2.5. Barbed wire, razor wire, spire tips, sharp obiects, or electrically charged fences shall be prohibited, except that the hearing examiner beard.....e~ ze~¥i.r~A:appea4..~ may allow the use of barbed wire in conjunction with chainlink fencinq for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. 2.6.11.5.3. Barbed wire is authorized within agricultural, commercial and industrial districts. Razor or concertina wire is not permitted except in the case of an institution Words 'struck thrcugh are deleted, words underlined are added. 58 whose purpose it is to incarcerate individuals, i.e., a jail or penitentiary, or by 2.6.19.2. De~;elopment of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this code to allow for c,:meu-~:i, em reviews and sec~j3/g_ntial public hearings before both the p-t.ttfmm?-e~mm:~issi.e-~t .!i[~Ltrj. L~.g....~.3_i!.r_!!..isk%..and board of county commissioners of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use s[xt[l- must be approved by the board of cotmtv col'nnlissionel's prior to the issuance of any required county development orders or permits and commencement of construction or development. 2.6.21.3. Dock facility extension; boathouse establishment criteria. Additional length/protrusion beyond said respective distances specified in section 2.6.21.2.1 and 2.6.2 1.2.2 for dock facilities; and all boathouses, regardless of the extent of the protrusion into the waterway or the width of the waterway, shall require public notice and a hearing by the Collier County .P4a. n~m~g-.-~(:?o~m:~.~ss.M~ .!.~.~!J.7.i!~g_~<..x.~[~_n_i_n.~r_. As to any boat dock extension petition upon which the ~~ com~m~ hearin~.~3am~.~21~ takes action, pursuant to section 5.5.5 { :))(5 ~2.1 I of this Code, an aggrieved petitioner or adversely al%cted property owner may appeal such final action as set forth in section 5.5.6. b~i:d--.t:~l:-..~:oi:~-i.~-g-..appea[s.:...:t:t:~e...b~.~at:d.-ot~-~*~:i.n~---~peM:s..~:~y.-at:~.~--~:fi,l:{.~.~t~.~-eo.~t.~[i .... comm~:;s]on. Such-~ et t ,t:,---.--~:-,=!., [.-.bt.-.--.t:t ~:~i:=~t~.......~:~....-h~i.~..i:~i~.g-.~.~¥..~.t.h...~..~he~-~3t.~i~t[-e~4..-../x:~:~n~-~t~a~.s..-pt~.~:s~t ~*~.e~dt*~es.....~*.~id....~pp~.i~=a~*~e-~.se~.~.-~:t~v.-i~..~.see~.~"-~6~.6-~:-i~s~C~e~e The p. tmm~-g ,w~:,~ss~} l:~s~:tzk!]g....sl.3.1:t.[!:!.~!~s~.[: shall base ~ the decision for approval, approval with conditions, or denial, on the following criteria: 2 6 2~ .3.1 1. If deemed necessary based upon review of the above criteria, [he Oavmm~.: <,omm:is.s.ioi~ hcarin~ exami~er may impose such conditions upon the approval of an extension request i+-<4ee~:e+--e~s-_r._~5.!?..!.~..~.!._b.J.7 necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), provision of light(s), additional reflectors, or reflectors larger than four inches, and prohibiting or permitting mooring on the outside of the dock facility. 2.6.24.1. Ge~eral. The board of zomng--t,~¥~ea4s c_'t43J.L~.~___c_c_2_~!.~J_'!~.i:Ssj..t_2..t3_e_:.!55 may, upon recommendation of thc l~mm~-e~-m~:~sio~ [~k~5:tE~3~_~3:~t[~!j.!~er, authorize the use of lands within any district, except the rural agricultural district (A), fbr agricultural activities, such as, and limited to, pasturing, field crops, horticulture, fruit and nut production, forestry, beekeeping, aquaculture and mariculture. It is the intent of this section to permit certain interim agricultural uses on a temporary basis which retain the land in its open, undeveloped character. No land authorized as an interim agricultural use to be used or used tbr agricultural uses or activities shall be rezoned to, convened to, or used lbr, any nonagricultural use or development for at least ten years after any new clearing of such land. The inclusion of buildings and structures, other than wells, structures ~br conservation and drainage protection, and unpaved roads, is strictly prohibited. Petitions for interim agricultural use shall be considered first by the Oaamn~. ~:,-~mmi~;,4o~ ~.~5_~.:~exa~u~!3.~[ in the manner herein set out. Words sumck t!~rougl~ are deleted, words underlined are added. 59 2.6.24.2. Writte~ application. A written application for an interim agricultural use shall be submitted to the c4evelop+~:~t 1~!_i~.!.7~.!!_i:~ services director indicating the basis in this zoning code under which the interim agricultural use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the p.ta-m~.i~?.---e-omm-iss-h~m !~:~.i~r.i.~_~g_._~_~..~_!.2i._~3_~ must make under section 2.6.24.3.3. The application shall include material necessary to demonstrate that the grant of the interim agricultural use will be in harmony with the general intent and purpose of this zoning code, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to, the following, where applicable: 2.6.24.3. Review and recommendation by the t:deowv~'(;m;tti~;'sion ]wari~'tX3:.Srjp~i__!?{_%. 2.6.24.3. i. Public l~earing. A public hearing shall be held by the p.t.-a-imi.t~5-eomm-i-ss4ot~ !.ls;~t~:}.[!.g...~.5.i.!.!.l.!.i.12¢:7. Any party may appear personally or by agent or attorney. 2.6.24.3.2. Notice of public hearing. Notice of public hearing shall be given at least 15 days in advance of the public hearing. The owner of the property for which an interim agricultural use is sought, or his agent or attorney designated by him, shall be notified by mail. Notice of the public hearing shall be prominently posted on the property for which the interim agricultural use is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Notice shall be given by mail to all owners of property within 300 feet of the boundary lines of the property for which the interim agricultural use is requested; provided, however, that where the petitioner is the owner of land not included in the petitioner's petition and such land that is not included in the petition is part of or adjoins the parcel for which the request is made, the 300-foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by petitioner's petition. For purposes of this provision, owners of the adjacent or nearby properties within the distance set out shall be deemed those whose names appear on the latest available tax rolls of the county, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the land for which the interim agricultural use is sought. 2.6.24.3.3. Findings. Before any interim agricultural use shall he recommended for approval to the board of ~_~ts county commissioners, the planning c~mmfission !<:',nS~'~ examiner shall make a finding that the granting of the interim agricultural use will not adversely affect the public interest and certifying that the specific requirements governing the individual interim agricultural use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: 1. Compliance with all elements of the growth management plan. 2. Compliance with all environmental regulations as identified in the land development code or other regulations and policies of Collier County. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Off-street parking and loading areas, where required, with particular attention to the items in subsection 3 immediately above and economic, noise, glare, or odor effects of the interim agricultural use on adjoining properties generally in the district. Refuse and service areas, with particular reference to the items in subsections 3 and 4 above. Words :;truck t!n"ougl~ are deleted, words underlined are added. 6O 6. Utilities, with reference to locations, availability, and compatibility. 7. Screening and buffering with reference to type, dimensions and character. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district. 9. Required yards and other open space. 10. General compatibility with adjacent properties and other properties in the district. I 1. Any special requirements established in article 2 for the particular use involved. 2.6.24.3.4. Conditions and safeguards. In recommending approval of any interim agricultural use, the pbanai~g c~n:mgs,.4em ~!~;.~x.i_!~g...._~_~.x_'ami_r~.tX may also recommend appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, which are made a part of the terms under which the interim agricultural use is granted, shall be deemed a violation of this code. Any interim agricultural use shall expire one year from the date it was granted, unless extended by action of the board of ;~:(-m-mg-...apl-~ea[s county commissioners, if by that date, the use for which the interim agricultural use was granted has not been commenced; and an interim agricultural use shall automatically expire two years after the date of grant and must be reviewed by the board of ~.~m~)e.vas cotmt.y commissioners in order to be continued. Each subsequent renewal period shall be limited to two years and must be reviewed by the board of x-e~nmg--.~pl~ats !~_9_[.!.~.].Y_.._c;.2B!~J~.i:5.Sj. Pn¢_~;5 at the end of each two- year period in order to be continued. 2.6.24.3.5. Denial. If the phmm:n.g-..eommi.s.s-i.~m hearin,.z,' examiner shall recommend denial of an interim agricultural use, it shall state fully in its record its reasons for doing so. Such reasoning shall take into account the factors stated in section 2.6.24.3.3, or such of them as may be applicable to the specific interim agricultural use requested, if any. 2.6.24.3.6. Status of p&m,~ie:g--.-.-..---.e,~e~.mi~¥ie, r, t_]_!.('___/..i(C~Lcj.!:~.__.g:~Zrt,!?_lS'_..r_, report rind reco,,neudadons. The report and recommendations of the planning comn~-,~+~ gg.a:Lii!g examiner required above shall be advisory only and shall not be binding upon the board o f ~<.¢-mi:~.? ~ippe a:[s c ou i~ t v c o m m is s ioncrs. 2.6.24.4. Decision by the beam of z,-o~*-~ppea/s cozmtv commis,¥irmers. Upon receipt of the ~~:-¢,m:m?is~qo~Fs hearir~g examiner's report and recommendations, the board of-?.,.~m~:~g.-tqi:q:)e-a-t-s county commissioners shall approve or deny the petition for an interim agricultural use. An approval shall be by resolution of the board of 2.6.24.6. Taxes. The granting of an interim agricultural use of the premises by the board of"z*"~fi'~:ig"ttppetd's ~.X~5.!.!2~:22S;..gL~.!.!21J...5.SJ..Sl!~.~.f,5. as provided herein shall not constitute grounds for establishing a new assessment of special classes of property as provided in F.S. § 193.461, which assessment of special classes of property did not exist for the subject premises prior to the approval of the interim agricultural use of the premises as provided herein. 2.6.27.4.6. A&litional reduction to development standards for common architectural zheme t;rojects. Additional reduction to the development standards provided at sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be approved -pt-i~-i:m:h~-g.-eom+m.s.s.i.of~ for projects defined as common architectural theme projects. In determining whether or not a project qualifies as a common architectural theme project: Words struck t!:rc:ugh are deleted, words underlined are added. 61 ai~d ii' s-,o. the amount ()f tile reduction to developn~ent standards which ma2/be alx)roved. the t.~.a!.U.L~.&.~h.i~.!:x!j.!7~.!L_n.!.~/.sL..(j..o.4..48.._d...._t..!~6 board of commissioners shall determine that all of the following design features are incorporated into the project: 2.6.28.4. Waiver of distance requirements. The board of ~.::w~m. dssioners may, by resolution, grant a waiver of p~t or all of the minimum separation requirements set forth in section 2.6.28. if it is demonstrated by the applicant and determined by the board of ~-mm~'-~p'~M's_~2.[[Ot¥~_~j:~3~i32~3~;.5 that the site proposed for development of an automobile service station is separated fi'om another automobile service station by natm'al or man-made boundaries, structures or other t~atures which offset or limit the necessity for such minimum distance requirements. The board of ~*-m-'m~;-aPp~d~_~;.p~k[~.!2Z..g2.~.~.[~.~[~.5~.~21~.~5 decision to waive part or all of the distance requirements shall be based upon the following factors: 2.6.28.4.2. Additional conditions. The board of ~-~.3~_c_o3Lr)_tv~__fi3:.!;rj)rnisE.i~?j3~;~ shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the automobile service station with the surrounding area and the goals and objectives of the Growth Management Plan. 2.6.35.6.26 Additional ji'ndings for variance and conditional use applications. In addition to the findings for conditional use applications and variance applications as required in sections 2.7.4 and 2.7.5 respectively of this code, the following additional findings shall be made by the Collier County p-l-a-mm~4g----e~mmfi-s-sio:n heat'ina examiner when considering such applications: 2.7.2. l. Purpose and intent. This zoning code and the official zoning atlas may, from time to tiine, be amended, supplemented, changed or repealed. Procedures shall be as follows: 2.7.2.2.1niliation of proposals for amendtnent. A zoning amendment may be proposed by': 2.7.2.2. t. Board of coun~ commissioners. '2.7.2.2.'2. Plann lng co~nmission. 2.7.2.2.3. Board q[zoning appeals. 2.7.2.2.4. Any other department or agency of the county. 2.7.2.2.5. Any person other than those listed in subsections 2. Z2.2.1--2. Z2.2.4 above; provided, however, that no person shall propose an amendment Jbr the rezoning of prol;erO' (except as agent or attorney for an owner) which he does not own. The name of ~he owner shall appear in each application. All proposals for zoning arnendments shall be considered first by the planning commission or hearine examiner in the manner herein set out. .All proposals for zoning amendments shall be submitted in writing to the office of the ,,:ie¥cd~-~,p~:~e~t i'~.l_'4!.~!:~.i.!.~/g services director accompanied by all pertinent information required by this zoning code and which may be required by the planning commission o~ ;~,'-:l,"i,~<, c×~tmi~e; for proper consideration of the matter, along with payment of such fees and charges as have been established by the board of county commissioners. No Words s+r-uck through are deleted, words underlined are added. 62 application for zoning amendment shall be heard by the planning commission or hearing~ c~:.'~.!~!)2.i_!~.~.r until such fees and charges have been paid. 2.7.2.3.2. Notice and public hearing where proposed amendmenI would change zoning classification of land. In the case of an application for the rezoning of land, to include rezonings initiated by' other than the board of county commissioners or amendments to phmned unit developments, such provisions shall be enacted or amended pursuant to the l!ollowir~g public notice and hearing requirements by the id.a-nfli-i~-c-emm~iss4o.~ :,~.;~:.~!.!!.!i.~l.S~!:. and the board of county commissioners. A sign shall be posted at least 15 days prior to the date of the public hearing by the p[a~::m.i`~::~g.~.t~.~.m:m~i.ss'i~m....!.!.~.~:.i.!.!.g~....!~..~..4~.p.i.[!~7. The sign to be posted shall measure at least 1 1/2 square feet in area and shall contain substantially the lbllowing language: PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. The sign shall be erected by the devete~pmem phmning services director in full view of the public on each street side of the said land to be rezoned. Where the property for which rezoning is sought is landlocked or for some other reason the signs cannot be posted directly on the land to be rezoned, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the property for which rezoning is sought. Where large parcels of property are involved with street frontages extending over considerable distance, the developmem planning services director shall erect as many signs on a street frontage as may be deemed adequate to inform the public. The posting of signs as provided in this subsection shall only be required where the zoning amendment proposal is specifically directed to changing the zoning classification of a particular parcel of land. The pt.tm.am?e,~tm.ms, sio~.~ .}.7!.g. LtEi_!2g_.~:x_'.i:.~j!fin_~[ shall hold one advertised public hearing. Notice of the time and place of the public hearing by the ~ e,,+~-~a4~o~ hearing examiner' shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. Notice of the time and place of the public hearing by the ~ 'dmmi~mg coma4ss4{m hcm'int~ examiner shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Notice of the time and place of the public hearing by the !.il.~;.!,!!7.i..~3.,g...g;..3~.~!.B.i.!3_¢!/shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300-feet of the property lines of the land for which rezoning or a planned unit development (PUD) amendment is sought; provided, however, that where the land for which the rezoning or PUD amendment is sought is part of, or adjacent to, land owned by the same person, the 300-foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the land or PUD for which rezoning or PUD amendment is sought. For the purposes of this requirement, the Words 'struck tl:r~3ugh are deleted, words underlined are added. 63 names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County. The board of county' commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. The decision of the board of counL~ commissioners on any such adopted zoning2 ordinance or resolution is 2.7.2.3.3. J¥otice and public hearing where proposed amendment initiated by' the board of c'ounty commisxioners would change the roning map designation of a parcel or parcels of land involving less than ten contiguous acres of land. In cases in which the proposed comprehensive rezoning action, including but not limited to those provided for in the Zoning Reevaluation Ordinance (90-23) [Code ch. 106, art. II], initiated by the board of cottnty commissioners or its designee involves less than ten contiguous acres of land [such provisions] shall be enacted or amended pursuant to the following public notice and hearing requirements by the Wotmm~&<'o;'rm¥i-sMem .[~!~L~_'~__'.ex~!miner and the board of county commissioners. The l:d-a.m:d-n?.-.e~mm-~4:s.s, iet~ _b. st~t_EJ.J!g._C&.~l.[13_.[.!!¢~.[5 shall hold one advertised public hearing. Notice of the time and place of the public he~ing by the ¢~ ~',+m~d~s4~m hcarins~ examiner shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the date of the public hearing. Notice of the time and place of the public hearing by the pte~i, ffi~:~ ~::,mmiss~m ~!2!ff:{Eg._..~:.~i~.131~5.l~:!~ shall be sent at least 15 days in advance of the hearing, by mail, to the owner of the properties whose land will be rezoned by enactment of the ordinance or resolution, whose address is known by reference to the latest ad valorem tax records. A notice advising of the hearing by the board of county commissioners to consider rezoning properties shall be sent by mail [to] each real property owner whose land will be redesignated by enactment of the ordinance or resolution and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution as it affects the property owner and shall set a time and place for the public hearing on such ordinance or resolution. Such notice shall be given at least 30 days prior to the date set for the public hearing. Additionally, notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least ten days prior to the public hearing. A copy of such notice shall be kept available for public inspection during regular business hours of the office of the clerk of the board of county commissioners. The notice of the proposed enactment shall state the date, time, and place of the meeting; thc title or titles of proposed ordinances; and the place or places within the county where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. The decision of the board of ~.2~:~J.~`1.~..`..~;~.~mmi.~:~.i~.~.~.r~..~2[L```~)i-a~b-~.~2~..`~.2.~.~i~....~zrd~u~im~....~2.r....m~.k~.L~2~[L... VTO~ ,, ....... 4. Notice and public hearing where proposed a~nendment inil'ia~ed bz the bo~trd LZL(,?:?/..3L.LXb'.L¢!!!i~i~5.?2~LE.(,_LwouId change the zoning map designation of a parcel or parcels of land invoh,ing letl COtlligl~tOUS areas or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning categoo,. In cases initialed bv the board oi' county commissk)ners in which the proposed change to the zoning map designation of a parcel or parcels of land involves d:~e.~ LEtLcontiguous areas t-d:.9.!; more of land or changes the actual list of permitted, conditional or prohibited Words 'struck through are deleted, words underlined are added. 64 uses of land within a zoning category ,,,uch provisions_shall be enacted or amended pursuant to the public notice and hearing requirements by the planning commission and tile board of county' commissioners. 1. The planning commission shall hold two advertised public hearings on the proposed ordinance or resolution. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven days after the day that the first advertisement is published. The second hearing shall be held approximately two weeks after the first hearinq and shall be advertised approximately five days prior to the public hearing. The day, time, and place at which second public hearinq will be held shall be announced at the first public hearing. 2. The required advertisements for the planninq commission public hearings shall be no less than one-quarter pa.qe in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of thc. newspaper where leqal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the county and of general interest and readership in the community pursuant to F.S. Ch. 50, not one of limited subject matter. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least five days per week unless the only newspaper in the community is published less than five days per week. The advertisement shall be in the following form: 2.7.2.4. l-'h~,,~i~,g, c;;;;,',;,,i,~,'~/em !_j_~_¥_!L'~1.~_.._..~_',~:?_d.i.~er_L._hearing and phmni? report to the board of couno, cotnmissioners. 1. T/me limits. Hearings by the ptt, m.ii~g--eomm~-ssi, m J).~4~_'ing_.._e_,~a~2~_ij.!~_~; on applications for rezoning of land pursuanl to section 2.7.2.3.2., shall be held m leas~ 24 4mes~ ~5:,t:,: as may be required. For applications not involving the rezoning of land, but which involve amendments to these zoning regulations, the planning commission shall hold its public hearings twice per calendar ,~m.~-mi-s,-k-m.e~:-~.: Unless a longer thne is mntually agreed upon by the planning commission and the board of county commissioners, the planning commission shall file its recon]mendations for e~i~et=4;~amendments to the land development code with the board of county commissioners within 45 days after thc public hearing before the planning commission has been closed. 2. Prc~sentation qf evidence. The staff report on the application for rezoning shall be presented prior to the close of the public hearing on the application. The applicant shall be afforded the oppommity, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing, and to respond to the staff report, after receipt of which the hearing shall be concluded, unless the hearing is continued and the matter referred back to staff for further consideration of such matters as the pti~omnti~;:~ioa hearing_e_2xD31j_n_gx may direct. 2.7.2.5. NaZure of requirements of l,tts.~,~4~t:e.-.e,t, mmis:ti,-m /tearing examiner report. When pertaining to the rezoning of land, the report and recommendations of the ptmmie~g e,-m~s,~_~L..!i!.~L~j.!7.jZ!~g_c_',,_xg_.!5~_!.i..r2~.~; to the board of county commissioners required in section 2.7.2.4 shall show that the pIanning-eommi~io, hearin2 examiner has studied and considered the proposed change in relation to the following, when applicable: Words struck through arc deleted, words underlined are added. 65 2.7.2.7. Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations (i.e., other t_ _hun the rezoning of ktnd2, the planning commission shall consider and study: 1. The need and justification for the change; 2. The relationship of the proposed amendment to the purposes and objectives of the county's growth management plan, with appropriate consideration as to whether the proposed change will further the purposes of these zoning regulations and other county codes, regulations, and actions designed to implement the growth management plan. .8. Restrictions, stipulations and safeguards. The planaing-c-emma4+~sion hewn'ins: cxami~eu may recommend that a rczoning petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governing body, after receiving the recommendation thom the ~¢g ,-~.{:~.t~r~-d.s.s~tm hcxri ng ex xmincr on a rezonin2request to mnend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the growth management plan. 2.7.2.9. Status of planning commission and hearin,k: examitter___report and recommendations. The report and recommendations of the planning commission and headn~ examiner required by section2:2.7.2.4 through 2.7.2.8 shall be advisory only and not be binding upon the board of county commissioners, 2.7.2.10. Board of county comtnissioners: action on planning commission o~' hct~rir~ 2.7.2.10. l. ,5),%',.XT_(_!!..,C.?._t.:!./e!..c.'.~L.:!!.~CLLjiLg_....._Upon receipt of the planning co[nmission's or hearina c,u, uni~lc/s report and recommendations, the board of county commissioners shall hold a second public hearing with notice to be given pursuant to the provisions of general law. The reports and recommendations of the staff and.=....!.~!.~__l~_~:~[C.i.!.~.g.x:~[~!iE~L.._~.~.[ the planning commission on the application shall be presented prior to the close of the public hearing on the application. The applicant shall have the right, prior to the close of the public hearing, to respond to any contentions p~sented by any testimony or other evidence presented during the public discovered evidence beN)re thc board as set [orlh in sec, 5.1.2. 2.7.2.10.2. Itt the case of all proposed changes or amendments, such changes or amendments shall not be adopted except by the affirmative vote et[our members o[ the board of county cotnmissioners. ~ 7 ~ 11. Failure of board od' county commissioners to act. If a 1~ '.- ' g-.'omm~iss.i.of~ .......................... s...:~..s~.!.~:!!,~v..r recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the board of county commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that board of county .commissioners may refer the application to the i':,5.t:¢~,z <:x,m mi>¢sk.~ head n~ exami ncr for further study. 2.7.2.12.2. Whenever the board of c'o¢snO; commissioners has denied an application jbr lite rezo~tirig q/' properO,, the plei.~.,M~,.g-.-e'o.m-t-~-~./a::~i~,t lte~tring examiner s/tall not Words :;truck through are deleted, words underlined are added. 66 Consider any further application for the same rezoning of any part or all of the stone property for a period of 12 months from the date of such action; Consider an application for any other kind of rezoning of any part or all of the same property for a period of six months from the date of such action. 2.7.3.2.4. Hearing be,/bre the t¢t,.:,.m.i,~.,g..~e.o~.~.~i.^,.s¢o~.-hcari,g examiner. Public notice shall be given and a public hearing held before the pta~fth~g.-eom-mi-ssi.o~ !~.~.~r.i._n...g....~_,~.;~!.~_~Ei.~iLt.;..r on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, proposed PUD master plan of development, and required statements as they may have been an-tended as a result of the preheating conference conducted pursuant to section 2.7.3.2.2. ~ 7 3 o 5 t.~r.e,+fi,.~.-..r,,o.~.~.~¢.ris,,,_h.,~:~ tfe~u.'irt., Eva,~itter recommendatinn .................. kg ...... : ............... ~ ............ The e*~4m~4-~ ts!.¢4~J'J.5!g...e25a~j..Bg..~i shall make written findings as required in section5 2.7.2.5 through 2.7.2.8 and as otherwise required in this section and shall recommend to the board of county commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its commendation, the tq~m'm~-<~O~ion :~,aring...~a~_ ~').i~)~X shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in section[s] 2.7.2.5 through 2.7.2.8: 2.7.3.2.6. Action by board of counO, commissioners. Unless the application is withdrawn by the applicant, the board of county commissiouers shall, upon receipt of the pl,mmng: e-~:~tt-.~-m, issi.~.m:s !i.!.~.i.!_rJ.!~.g...¢.-.:5..i~J.i[~_i_!!.t2.'i..E recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the application and PUD master plan of developlnent as recommended by the phmm~t~,,~'omimSsieea hearing exanfiner to the board of county commissioners. The board of county commissioners shall either grant the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. 2.7.3.5.1. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the ~:,-~::m:m~:is,~.i,~:~ hearing examiner and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the ~~coum'~issi~ hcarin~ examiner. For the purpose of this section, a substantial change shall be deemed to exist where: 2.7.3.5.2. Procedu re./br substantial/insubstantial change determination. 1. The applicant shall provide the deve!opmepa planning services director documentation which adequately describes the proposed chan,qes alon_q with the appropriate review fee prior to review by the p,ta~qmio~-eommi.$$ie4q hearing examiner. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed chanqes in: land use; densities; infrastructure; open space, preservation or conservation areas; area of building square footaqe proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describinq all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the d.eve~op.men~..- planning services director shall review said plan against criteria Words ........ ...... '-, through~ are deleted, words underlined are added. 67 established within section 2.7.3.5.1 above and may forward the plan to any other a.qency, division or authority deemed necessary for review and comment. 2.7.3.5.4. lnxubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 2.7.3.5.1 shall require the review and approval of the p~pmm?~mmi~sJon hearing examiner based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. 2.7.3.5,6. Minor changes not otherwise providedJbr. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site developn-tent plan review processes. The development services director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Internal realignment of right-of-ways, other than a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the e'~:~,vh'om:~-~'em-a4'-"ad-~i-s-e-~y.--be~.a.~:d--.t:~cari n,3 examiner where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the development services director's consideration for approval. Sec. 2.7.4. Conditional uses procedures. 2.7.4.1. General A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this zoning code. All petitions for conditional uses shall be considered first by the ldam~ng co~m~s,~;io, hearinsz examiner in the manner herein set out. Decisions regarding conditional uses shali-~e in torture. Woi ds ...... ~ ' ~' ..... ...... ugh are deleted, words underlined are added. 68 2.7.4.2. Written petition. A written petition for conditional use shall be submitted to the development services director indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the board of zoni~wppea~ counlx commissioner's must make under section 2.7.4.4. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this zoning code, will be consislent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material shall include, but is not limited to, the Ibllowing, where applicable: 2.7.4.3. Notice and public hearing. Notice and public hearing by the p-l-tm.~h-n~e ,:;,-~:~st+i~ h.~.0Li~'_!.£.....9_~.~_u'2Li!'L~_!; and the board of zoning ~ shall be as provided for under subsection 2.7.2.3.2. All testimony given shall be under oath and the action by the board of county commissioners shall be quasi:.judicial in nature. 2.7.4.4. Findings. Before any conditional use shall be recommended for approval to the bom'd of ~omt:t-?-..appeats county commissioner~, the ptmmi.~i-g--eommi.ssi:o~ hearin~ ~%..~!.!.!.:!.i..!.5!.ct!5 shall make a finding that the granting of the conditional use will not adversely afl,ct the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: 2.7.4.5. Conditionx and safeguardx. In recommending approval of any conditional use, thc p-iaam-~g-eommi:;:~io~ !_~.~_4_r.j..t~X...~_,.x.'.!!_!Bin. c2£ may also recommend appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning code. 2.7.4.5.3. The board of-.-~,eM-i~?eOl.~yea-b, CS'Lt;l.t?Z.X.~.!~j3_BL~j. ahjc_~_n_ey5 may grant a maximum of one one-year extension of an approved conditional use upon written request of the petitioner. '2.7.4.6. Denial. If the phm-m*~em~:,vee+sioi~ heari ng examiner shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 2.7.4.4 or such of them as may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. 2.7.4.7. Status of ?Ja-~dn~,4-..ee3m,**.Ls:s4t,n /_Lc?_(?QjiL.~5314.~.~.!.~j/Lq.?~ report and recommendations. The report and recommendations of the ~g com~ hearing examiner required above shall be advisory only and shall not be binding upon the board of 2.7.4.8. Board ;'' ' .,,,~,' '. · Upon receipt of the pl~m-'h~~fissioi:;s ~_e..33'ing examiner's report and recommendations, the board of ~m4,~?'. ap}.' ~oals. county commissioners shall approve, by resolution, or deny a petition fbr a conditional use. Action on :Fthe approval of a conditional use petition shall 5N~J_!.J. require four affirmative votes of said board. ............... ~.. are deleted, words underlined are added. 69 Sec. 2.7.5. Variance procedures. 2.7.5.1. Purpose. In specific cases, variance from the terms of this zoning code may be granted by the hearing examiner where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the zoning code would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. ,~ - ' ~ ......... ,,,~ evidence given in public hearing~ and the The b~:*m~d ,_ t---/-tvml~:vpe4~--~ ...... l-up~ ' ~ .... findings and ccmcla>ions of the P~H-ht:tg Commi~ hearing examiner should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section. 2.7.5.4. Notice ~¢' J>/rm,~-,~ ~vmiix:,'h~? .td£~d'...i.~d_(X~_~Lim2; public hearing. Notice of public hearing before the Planm~3me~sion hearing examiner is given at least 15 days in advance of the public hearing. The owner of the property for which variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of the public hearing shall be prominently posted on the property for which the variance is sought. Notice of 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. Notice of the time and place of the public hearing before the Ptannie~g47:uommi;4sioa i'ICUI'i~]~5 CXttl))il'iCi' shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300 feet of the property lines of the land for which a variance is sought. '7 ~ ., ..~.5. ¢~t[s~**m~-C~??~m-i,,:s4o., h~'a;'i,:4 c.~mdt;et' public hearing. The public hearing shall be held by the .].,4.-at~-i~-.H:tg-.-~.~-!)f.¥t-~::fn-s.s-l:t-~-ll hearine examiner. Any party may appear in person, by agent or attorney, or may submit written comments to the p..planning ~services -Ddirector. 2.7.5.6. Findings. Before any variance s-ha.t-I ma3/be i,eee~mmet:tdeeb-fbr-app~¥.at-t~.~----the :b~:tt. ,~-i-'-~'.o~d~....appeat-s-: ~pp.15~L~¢_4 the -Pl-amfing .Gem:~m.~s~,ion }j_eai__'i_ng_e_:~!2!.i_.n..e.l_' s:hltt-[ 5y2iJ_! consider and be guided by the following standards in making a determination: 2.7.5.7. Conditions and safeguards, t:~.-~:ee,~mme~di-~-g.-..-.appr, o-v-a-t--of--ar~y-¥-a-fi-a,~.ee~ (_Fhe pl-.a-.m~-h~.g..-e,~.m-ml-~-sh~m [!.%~[);~g....q.x_;!.L[!j..~.L. may ~ee,mm~d .~2~s~ appropriate conditions and safeguards in conformity with this zoning code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the ~t,~..mn-i-s.si~-~-~ [~!.~..~.~.~..[~.~_~.~.~[[!!_i3~.~.r may ~ impose, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the lime of its destruction, any reconstruction shall conform to the provisions of this Code in eflkct at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. R ........................ vf dDenial. If the plarming c~3mrn~ss:cm hearing examiner 2.7.5.8. ' ................... "'"'; .... _ ' ' '- ,~,,,,,,~,,,,o- .......... ~,, ~,,,,,'4 .... ;'~ of denies a variance request, ~ the record shall state fully ~ i+':~ *~',~ hearing examiner ~' reason for doing so. Such reasons shall take into account the factors stated in section 2.7.5.6, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. Words struck ,h ........ ~, ....... ~,,, are deleted, words underlined are added. 7O 2.7.5.9. Status of t3.bf?~.~-ie~:~'-'."--eo~'~**k~4o*~ !L~'..<~.~J?L¢_..~'~:.Y/_~_Lt!.[.~L~!£ report and re~oning recommendations. The report and recommendation of the planning commis-sion hearina exm~iner required above shall be final in all cases except those requests for variances which accompany and are a part of a petition for rezoning, in which case the report will be included with the hearing examiner's recommendation for the rezoning request and be advisory only and shall not be binding upon the board of county commissioners Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The 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 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 *-,,;~'~;~'~,,~.,~..~ 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 planning services director for the erection, moving, addition to, or alteration of any building oF 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 !i!i.9.0).3_}..!~L..?_-.4_!.!7.i..!hg.....C_...x..ktL!.!.i.t!~.!7 as provided by this code or unless he shall receive a written order from a court or tribunal oF of competent jurisdiction. 2.7.7.2.6. Review and recommendation by the housing and urban improvement director. After receipt of a completed application for AHDB, the housing and urban improvement director shall review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this division, and, if applicable, shall coordinate a rezone with the devcqe_~'~nent _..91_'4nn(~g services director, and shall Words "* ..... I- ~l. ........!-. .............. e.. are deleted, words underlined are added. 71 recommend to the .pl..~mm:~g-----e~,m-m:~-s~.itm hearin~ examiner and the board of county commissioners to deny, grant, or grant with conditions, the application. The rccolnlnendation of the housing and urban improvement director shall include a report in support of his recomlnendation. 2.7.7.2.7. Review and recommendation by the pl,.~'t-~-i~7¢--.-ee~'*~mi~:~ie, q'* Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the housing and urban improvement director, the e~,3.mm~-ss.~,:m, hca~;ing_ examiner shall schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in co~sjunction with an application for a PUD, then the hearing shall be consolidated and made a part of the public hearing on the application lbr the PUD before the t~,::m:~.m~.~.~.~-~:m hearing, exam inet', and the pt.amm~.g--.e~.~mmi~.si.o-n hearin2: examiner shall consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing shall be consolidated and made a part of the public hearing on the application for rezoning before the pl:.a-~mi.~:~4:-------e,-~mm~.s.s.b~ hearin~ examiner, and the pt-amm¥~ ~:o.m-m-i-s.s-i-t--~.i:~ .i.l~:aliL!.12,....~:.~l:!.ll~12~_C shall consider the application for AHDB in conjunction with the application for rezoning. In the event that the application for AHDB has not been submitted in conjunction with an application for PUD or an application for rezoning, then the application for AHDB shall nonetheless be treated as a rezoning on the property and shall comply with the requirements ibr a rezoning, as well as the requirements of this section. Alter the close of the public hearing, the 1~ comn'd~ shall review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, and shall recommend to the board of county commissioners that the application be denied, granted: or granted with conditions. However, in the event that the application for AHDB does not change the densities or intensities of use or the zoning on the property and does not require a rezoning or PUD application (i.e., an application to maintain the existing zoning on the property in the face of a downzoning through the zoning reevaluation program), then the application for AHDB shall comply with the requirements for development agreements under the Collier County Development Agreement Ordinance [Code Ch. 106, art. IV], as well as the requirements of this section, in lieu of compliance with the rezoning requirement rctkrenced in this section. 2.7.7.2.8. Review and determination by board of county commissioners. Upon receipt by the board of county commissioners of the application for AHDB and the written recommendation and report of the housing and urban improvement director and recommendation of the p't~4m4~g co~nia~',i~ hearing ex',nniner, the board of county commissioners shall schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing shall be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) belk3re the hearin2 examiner and board of county commissioners, and the board of county commissioners bern'lng examiner shall consider the application for AHDB in coujunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing shall be consolidated and made a part of the public hearing on the application for rezoning before the board of county commissioners, and the board of county commissioners shall consider the application for AHDB in conjunction with the application l~)r rezoning. In the event that the application for AHDB has not been submitted in conjunction with an application for planned unit development (PUD) or an application for rezoning, then the application for AHDB shall nonetheless be treated as a rezoning on the property and shall comply with the requirements for a rezoning as well as the requirements of this section. After the close of the public hearing, the board of county commissioners shall review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, and shall deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. However, if the application for AHDB does not change the densities or intensities of use or the zoning on the property and does not require a rezoning or planned unit development application, then the application for AHDB shall comply with the requirements for development agreements under the Collier County Development Words struck tlwough are deleted, words underlined are added. 72 Agreement Ordinance [Code Ch. 106, art. IV] as well as the requirements of this division, in lieu of compliance with the rezoning requirements referenced in this section. Article II1: Division 3.5. Excavation 3.5.5.2.1. Issuance of priwtte and developtnent excavation permits. The development services director may administratively approve and issue private and development excavation permits where all of the applicable standards of this division have been met. When, in his opinion, the standards have not been met, the application shall be submitted to the e-~-~-v-i.~'tmmem.~d, tt4vi-s~-~-~:y..,bo-a~_..~.~.~'j..n...£.._.e_.:S_Lt!B_i_gg_!i for recommendation with ultimate approval or denial required of the board321}_gountz..gg.[BiDj55¢)~D. 3.5.5.2.2. Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services adnfinistrator, or his designee, and by the ....... : .... · ......... cxam~t~e~' for recommendation and approved by the board of coutltv commissioners. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the }~.~.~.(O.~2'2.~.t~.~.~J~!.~!!s~.~i shall be waived. 3.5.5.3. Notice of meeting. The development services director shall give prior written notice of the e~:.tv.i~'~.mmem,a.ba4v4-s,-~-y4~oa-~'d..)..~G)r.i.n.g_.e_._x',_~B'.L(!Ley meeting, by first class mail, as noted in section 3.5.6.1.3.4, to all adjacent property owners as determined by reference to the latest official tax rolls. 3.5.5.4. Excavation permit criteria. !~_g~.'_2.~.!!!~.~2c_!.'4~).~2!2.5__.9_!ii .:,..Ltpproval by the site development review director_;4!!~[_.!~!~_.be.~!~B~_~35~!!!J3~!.¢!~ and the c:'>ln~dssi<>nevs' final ;tpproval, shall be granted only upon supporting competent and substantial evidence tnavin~ been submitted by the applicant, that: 3.5.6.1.3. A signed statement by the applicant or his agent which includes: If the project is to be submitted to the ew&-~om~-iem.td--ad~i-s~'~y-be~i:d hearing .c_~.~5.~.~X!_i..!~_¢.!7, a list of the names and addresses, obtained from the latest official tax rolls, of all owners or owner associations of property within one-fourth mile of the excavation or on-site vehicle access route or within 300 feet of the property' lines of the property on which the excavation is to be performed, whichever is less. The applicant shall also furnish the development services director with said owners' names and addresses on preaddressed four-inch by 9 l/2-inch envelopes with first class, plus an additional ounce, postage ready for mailing. If excavated material will be removed from the property, and unless, due to site- specific circumstances, the requirement is waived by transportation services director, a traffic and road impact analysis will be made by the county transportation department to address the following: Should there not be concurrence by transportation services director and the applicant of the improvements, maintenance, performance guarantee and/or other requirements on the part of both parties based on the road impact analysis, the permit application along with Words struck t[u'ough are deleted, words underlined are added. 73 applicable information shall be subject to review and recommendation by the e~:~v.i~:~:~m:¥~e.m..~d.~.ad~.v4.s.~y~-b~a.pc~....~!?.4~L.i..!~.g..~;~.~.B.i~.~.!~ followed by review and action by the Sec. 3.5.7. Construction requirements for the construction of excavations. 3.5.7.3.3. Over-excavation. In those instances where the excavator over-excavates the depth of the excavation by more than an average of ten percent, written justification shall be submitted to the development services director by the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the development services director and advisory board, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the development services director. If the inch depth is deemed acceptable by the development services director and approved by the e~¥mmmem-a4 :,dv-i-s~-,?-..boa~-:d..j.!.v~..~.!!:..i..!7~g....%.x._(!.t:~.1..i.¢_¢.[; a penalty will be against the permittee for the volun~e of the over-excavated material. The penalty shall be set by resolution for each additional cubic yard of excavated material. Division 3.8. ENVIRONMENTAL IMPACT STATEMENTS (ELS) Sec. 3.8.11. Appeals. Any person aggrieved by the decision of the development services director regarding any section of this code may file a written request for appeal, not later than ten days after said decision, with the en-vh'o~m~em,'cd--ad-V+Sery bo~mt hcariug cxaminer'-~~ucc~o~ aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the ~mr'nenta!- ~,dv~-s.~.~-~:v..b~:~a-~d hearin~ examiner within 60 days of the submission of the appeal. Ten days prior to the hearing the aggrieved person shall submit to the e+¥vh~m-memabaOv45o~ t:~d..~ls:~.~.15[2g_.~.X;~:E:iEg5 and to the development services director copies of the data and intbrmation he intends to use in his appeal. Upon conclusion of the hearing the e~vi-f~:mmem-at-.~isoO bo-a~.)_~_e_ar~_~g_~x_~.~).i_n_._e_~.i will submit to the board of county commissioners their facts, findings and recommendations. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the 3.9.6. Review Procedures 3.9.6.4. Exceptions. .... 0.4.8. The Collier County p4~'-~mlg commission t2esLr_i_!3_g._._~32:gt_!i~l.}:n_gL_may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar Words struck tkr,oug5 are deleted, words underlined are added. 74 to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. DIVISION 3.12. COASTAL ZONE MANAGEMENT 3.12.5.2. Review by .em4*~*~me*~'~4..`c~d~w`~r-y~4~*a"rd-.-.b-..~:~.L~...~h~-~.:~-q.~1.~i..!2-¢~5 All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the _~. 1 2.5.2.1. An applicant aggrieved by action of the ...... examiaer may appeal to the board of zoning appeals. Said appeal shall be in accordance with the procedure and standards of section 1.6.6 for appeal of written interpretations. 3.1 2.5.3. Sea level rise. An analysis shall be required demonstrating the impact of a six- inch rise in sea level above NGVD for development projects on a shoreline. This requirement shall be met by inclusion of this analysis in an environmental impact statement (EIS). This requirement shall be waived when an EIS is not required. This analysis shall demonstrate that the development will remain fully functional for its intended use after a six-inch rise in sea level. In the event that the petitioner cannot meet this requirement a list shall be provided by the petitioner of the changes necessary in order for the development to meet the standard. Article 5: DIVISION 5.1. BOARD OF COUNTY COMMISSIONERS Sec. 5.1.1. Powers and duties. In addition to any' authority granted to the board of county commissioners by general or special law, the board of county commissioners shall have the following powers and duties: 5.1.1.1. To initiate, hear, consider., and adopt amendments to eithe!x..(hLb(~2_llZL.the text of the ~5~t~ c}i' thc Collier County el'owth management plan. 5.1.1.2. To initiate, hear, consider_, and adopt amendments to ~.~k:'):e!. Ql:)rnCl~t cod(!, -~q:t+tlt'c ~l~ ",,}~1I' ~ of,'~"-' ................ r~l~ .... (~'~,,~,.y or the official zoning atlas of the land development code. 5.1.1.3. To designate and appoint hearing ~:.~_.~!.t!.!i.~3c_'!:5_pL_.officers to make decisions ,;cc<~mmendati~)~s as the board may deem appropriate. 5.1.1.4. To act to ensure compliance with development orders or permits as approved and issued. 5.1.1.5. To establish reasonable fees to be paid by applicants to recoup the county's expenses and other costs and to reimburse the county for the administrative time and effort spent in accepting, processing, reviewing, or enforcing development orders, development permits, or any other development approvals or applications. Words struck through are deleted, words underlined are added. 75 5.1.1.6. To take such other action not delegated to the planning commission, the board of zoning appeals, [.!2_c...J:~_~.i~!~i_!).£__¢.,..!.!.L!~.i.a~.[.,..the building board of adjustments and appeals, or the heads of county departments, county divisions and county sections as the board of county commissioners may deem desirable and necessary to implement the provisions of the C~)llier County growth management plan, the land development code, and any other legitimate governmental interest. Sec. 5,1.2. Ptdflic part. icipation. . ¥:%.!:i.L!!.?A...t)!!_.?SS!.!3J..!3X-_!i!i~4tt_055 including conditional use petitions. thc proceedms~ befl~['e thc hearing examiner will be al'forded the right ;~ cqnclt '<i,m':, Of law conta, ned in the record= or to allege the discovery, of rea m~: examiner and not otherwise disclosed in the record. The board of cotmtv c<,mtnis.~ioners may orally__question i'~s st:afl', its attorneys, and any pL~rticipat~t who is i..!...'S~?...~.~...2!).9.~:~.!_...!i~.4~.[~.~,5_~:~.5~? n. t 4 .!3 .c,.c_[__.L!).!g_. ss.:ri!.t~.2....t:¢.c:.?.r_d__~.md~9_i._n__t s_' _9_f_1 ~3_5Y_'. DIVISION 5.2. PLANNING COMMISSION* Sec. 5.2.1. Establishment and purpose. There is hereby established a planning commission. Sec. 5.2.2. Powers and duties. The planning comtnission shall have the following powers and duties: 5.~.,.1. To serve as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. 5.2.2.2. To prepare or cause to be prepared the Collier County growth management plan or element or portion thereof and to submit to the board of county commissioners an annual report recommending amendments to such plan, element or portion thereof. 5.2.2.3. To prepare or cause to be prepared the land development regulations and code to implement the Collier County growth management plan, and to submit to the board of county commissioners an annual report recommending amendments to the land development code. 5.2.2.4. To initiate, hear, consider and make recommendations to the board of county commissioners on applications for amendment to the. text of the Collier County growth management plan and the land development code. 5.2.2.5. To initiate, review, hear and make recommendations to the board of county commissioners on applications for amendment to the future land use map of the Collier County growth management plan~F&' ,,,,~ =' ~'~: ...... ~ .... of ,t,,= :~. -_--:5: ,--: To make its special knowledge and expertise available upon reasonable written request and authorization of the board of county commissioners to any official, department, board, commission or agency of the county, state or federal governments. 5 .... : ~:?.-=~-:. .......................... To recommend to the board of county commissioners additional or amended rules of procedm'e not inconsistent with this division to govern the planning commission's proceedings. Words 'struck through are deleted, words underlined are added. 76 5.-:-2-:2.~9: 5.2.2.8. To perform those functions, powers and duties of the planning commission as set forth in chapter 67-11246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended. 5~-.5-:2-.:t~¢: 5.2.2.9. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of division 3.2. Sec. 5.2.3. Commission membership. 5.2.3.1. Qual(fi'catious. Members of the planning commission shall be permanent residents and qualified electors of Collier County. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning and related fields. Further consideration in the appointment of planning commission members shall be made so as to provide the planning commission with the ueeded technical, professional, business and/or administrative expertise to accomplish the duties and functions of the planning comnfission as set forth in this code. The appointment of all members to the planning commission shall be by resolution of the board of county commissioners. In the event that any member is no longer a qualified elector or is convicted of a felony or an of]tense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the planning commission. 5.2.3.2. Appointment. The planning commission shall be composed of nine members to be appointed by the board of county commissioners. 5.2.3.3. Initial appointments. Initial appointments to the planning commission shall be made by selection fi'om those members and/or alternates serving on the Coastal Area planning commission and those members and/or alternates serving on the Immokalee Area planning commission immediately prior to the effective date of Ordinance 85-51. The board of county commissioners shall designate seven members fi'om the regular members and/or alternates of the Coastal Area planning commission and two members l:rom the regular members and/or alternates of the Immokalee Area planning commission. If, for any reason, there is an insufficient number of regular and/or alternate members from which to designate the membership of the planning commission, the board shall request and accept applications from the general public to complete the initial appointment of members to the planning commission. Initial members shall be appointed and designated pursuant to resolution of the board of county commissioners. 5.2.3.4. Reappointments. All reappointments to the planning commission shall be made so as to achieve the following geographical distribution of membership: One member: County Commission District No. 4. Two members: County Commission District No. 1. Two members: County Commission District No. 2. Two members: County Commission District No. 3. Two members: County Commission District No. 5 (one from Immokalee). Sec. 5.2.4. Terms of office. The initial terms of office of the planning commission shall be as follows: Three members shall be appointed for a term of two years. Three members shall be appointed for a term of three years. Three members shall be appointed for a term of four years. Words ~ruck t!wough are deleted, words underlined are added. 77 Thereafter, each appointment or reappointment shall be for a term of four years. Each appointment and reappointment shall be made so that the terms of any two members from a single commission district shall not expire in the same year. At the first official meeting of the planning commission, the members of the planning commission shall decide, by mutual consent, and thereafter recommend to the board of county commissioners a term for each of the members that shall address the requirements of section ~'~Z-,5 -5~2,3 of this code. After consideration and approval of the recommendation of the planning commission, the board of county commissioners may set forth the recommendation in the form of a resolution. In the event that terms cannot be recommended for any reason, the board shall adopt such resolution as it determines to be appropriate. The resolution adopted by the board shall set forth the date of appointment, term and district for each member appointed. A member may be reappointed by the board of county commissioners for only one successive term, unless there are no other qualified applicants for the member's position. Appointments to fill any vacancy on the planning commission shall be for the remainder of the unexpired term of office. Sec. 5.2.5. Removal from office; failure to attend meetings. 5.2.5.1. Any member of the planning commission may be removed from office by a four- fifths vote of the board of county commissioners, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the vote is taken. 5.2.5.2. If any member of the planning commission fails to attend two consecutive planning commission meetings without cause, the planning commission shall declare the member's office vacant and the vacancy shall be filled by the board of county commissioners. Sec. 5.2.6. Officers; quorum; rules of procedure. 5.2.6.1. At its earliest opportunity, the membership of the planning commission shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year, with eligibility for reelection. 5.2.6.2. The presence of five or more members shall constitute a quorum of the planning commission necessary to take action and transact business. In addition, a simple majority vote of at least five members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the board of county commissioners. 5.2.6.3. The planning commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The planning commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. Sec. 5.2.7. Compensation. The members of the planning commission shall serve without compensation, but may be reimbursed for such travel, mileage and/or per diem expenses as may be authorized by the board of county commissioners. Sec. 5.2.8. Location of meetings. In order to provide convenience and promote public participation, meetings of the planning commission shall be held in the hnmokalee area when matters pending before the planning commission are of sufficient concern to the Immokalee area to warrant such a meeting. The planning commission shall, by majority vote, make such determination at one of its regularly scheduled meetings well enough in advance to allow sufficient time to Words strut!< thru)ugh are deleted, words underlined are added. 78 advertise such lmmokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the planning comnfission or board of county commissioners. Sec. 5.2.9. Staff. The ...... ' 't '~' 'i .......... ~mninsz services division shall be the professional staff of the planning commission. Sec. 5.2.10. Meetings. 3.~. 10.1 The planning commission may,/'rom time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. 5.2.10.2. All meetings and hearings of the planning commission shall be open to the public. 10.3 Public hearings shall be set for a time certain after due public notice. Sec. 5.2.11. Appeals. ~ ..... ~o~~~Hx~n action upon which the planning As to any commission takes final action, an aggrieved petitioner, applicant or an aggrieved party may appeal such final action to the board of county commissioners. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County growth management plan, land development code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The board of county commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the planning commission. Such appeal shall be filed with the d~¥-etopmen.t p13r!!2J..ag services director within 30 days of the date of the final action by the planning commission and shall be noticed for hearing with the board of county commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the planning commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. DIVISION 5.3. BOARD OF ZONING APPEALS* *Code reference--Boards, commissions, committees and authorities, § 2-816 et seq. Special acts reference--Board of zoning appeals, § 250-55. Sec. 5.3.1. Establishment and purpose. There is hereby established a board of zoning appeals. Sec. 5.3.2. Powers and duties. The board of zoning appeals shall have the following powers and duties: 5..:.?,..~.2. To hear, review and approve, approve with conditions, or deny appeals from interpretations made by the eteveb:~pmem .p...l..zl!~!~_(.n_g services director or the long range planning director or administrative decisions pertaining to the growth management plan, Words mruck '[',,,, ........ =~sa~ are deleted, words underlined are added. 79 the future land use map, the land development code, or the official zoning atlas by the de-~;.e, te~pmem l*~.!.~!.!~__n...i.!!g services director or the long range planning director or their designees. :;..-.::,..:.=:.::,.:.,.o.._ ~ To make its special knowledge and expertise available upon written request and authorization of the board of county commissioners to any official, department, board, or commission of the county. .5::?-..:.:2..:4~.5.5.2.3. To recommend to the board of county commissioners additional or amended rules of procedure not inconsistent with this division to govern the board of zoning appeals' proceedings. 5 5.:.2:-5 5.3/2~.. To perform those functions, powers and duties of the board of zoning appeals as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may_~t'_'_rc_~.!'.~_, tSjj3tt .~_9_.[i_.[!i!.g. be amended. Sec. 5.3.3. Board me~nbership. 5.3.3.l. Qmdi/i'cations. Members of the board of ' .adap, em- zoning appeals shall be qualified electors in Collier County and residents of the county for two years prior to appointment. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the board of zoning appeals. 5.3.3.2. At~pointment. The board of county commissioners may appoint a board or boards of zoning appeals for its planning area or areas, or may act as such board or boards of zoning appeals itself. Boards of zoning appeals shall have not less than five nor more than ten members. Not more than two members of a board of zoning appeals may be members of a planning commission. Sec. 5.3.4. Terms of office, removal and vacancies. Unless the board of county commissioners acts as a board of zoning appeals, then terms ol: office, removal from office and vacancies shall be treated as follows: 5.3.4.1. Terms. Terms of office of members of the board of zoning appeals shall be for not less than two nor more than four years, and not more than a minority of such members' terms shall expire in any one year. 5.3.4.2. Removal. Any member of a board of zoning appeals may be removed from office l'or just cause by four-fifths vote of the full membership of the board of county commissioners, but such member shall be entitled to a public hearing if he so requests in writing within 30 days of the date upon which the vote is taken. 5.3.4.3. Vrtca~'~cy. Wherever a vacancy occurs on a board of zoning appeals which reduces the membership of the board of zoning appeals below five, the board of county commissioners shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a board of zoning appeals shall be held when the membership is less than five. Sec. 5.3.5. Officers, employees and expenses. 5.3.5.1. Boards of zoning appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other officers [offices] as are determined to be necessary. Terms of all offices shall be for one 5'ear, with eligibility for reelection. 5.3.5.2. Boards of zoning appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of zoning appeals may provide for transcription of such hearings and proceedings, or Words 'struck tl~:x~ugIx are deleted, words underlined are added. 80 portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records. 5.3.5.3. Boards of zoning appeals may, subject to the approval of the board of county commissioners and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians and staff as may be deemed proper, pay their salaries and make such other expenditures as are necessary to conduct the work of the board of zoning appeals and effectuate its purposes. 5.3.5.4. Members of boards of zoning appeals may receive such travel and other expenses while on official business for the board as are made available by the board of county commissioners for these purposes. Sec. 5.3.6. Appropriations, fees and other income. The board of county commissioners is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the board of zoning appeals. The board of county commissioners is authorized and empowered to establish a schedule of fees, charges and expenses, and a collection procedure therefor. Sec. 5.3.7. Staff. Tl~le--~:x,mm~m-ity-ek+v~e4*:c3me~t P.!.!.!!!.aJ_[~ services division shall be the professional staff of the board of adjustment. Sec. 5.3.8. Quorum and voting. No meeting of the board of zoning appeals shall be called to order, nor may any business be transacted by the board of zoning appeals without a quorum consisting of at least three members of the board of zoning appeals being present. All actions shall require a simple majority of the members of the board of zoning appeals then present and voting-ec,~c~t Sec. 5.3.9. Meetings. 5.3.9.1. Meetings of the board of zoning appeals shall be held as needed to dispose of matters properly before the board and may be called by the chairman or in writing by three members of the board of zoning appeals. 5.3.9.2. The location of meetings shall be in county offices in Naples. If a matter is postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting to be held within seven days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next board of zoning appeals meeting. The secretary shall notify all members of the date of the continued hearing and also shall notify all parties. Sec. 5.3.10. Operating procedures. 5.3.10.1. The board of zoning appeals may, from time to time, adopt and ainend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. . ..). 10.2. All lneetings and hearings of the board of ~ment zoniug appeals shall be open to the public. 5.3.10.3. Public hearings shall be set for a time certain. 5.5, ttEARIN(; EXAMINER Words struck t!~:'oag[t are deleted, words underlined are added. 81 ,qec~ 5.5~ [. Office established. Purst,~am io tho powers set i:ortlt in section 5, J. 1.3.~ [J~e office of hearina examiner i- ~his divixion~ Sec, 5,5,__2. Appointmentg qualifications. shall h(dd daeir positions at the pleasure of the bimrd of county Sec. 5.5.3, Fundin_g= The bom'd of county commissioners shall establish the office of the hearing Sec. 5,5.4 Conduct of meetinas; repor_ts anti records. examiner businoss and the hearing_ examiner shall condttcl all required hearings or meetings pursuant to the provisions of applicable rcc,,td',tt~ons and adnnnistrative f~f,-~'/iH,g.7. M__ ogiing:s for the ['~ul_7[)osc of holdino. . = public hearinas_shall be scheduled, noticed, and conducted pursuant to applicable administrative codes and thc Pu/vi('~,9~lio~t be5ti;t'e /tearing4 exami, er. At a public hem'inz belk)re the hearine, all persons wilt be heard as ~mligipants. However, thc hearing }~<,~p_o~'n%(_?/' Jccixiott,s'. After a public hearin~ is held, the hcarint~ oxamincr shall dccisio~ to all parties of record, appropriate coumv staff, and the Board of County Commissioners. 'Fhc hem'ine examiner shall provide for a corn7 reporter at ail proceedin~ transcripts of the entire record shall be provided only at an appeiiant's !5}.¢iL~cNt. and the appell:mt shall bear the costs thereof. ............... LTl.2 ............... i.!.~b.~:Lj!?¢i!!}r!g_%5.i)X!3=i;!i!.~:'~.!.Zb.!mtl_k9-?.t?- indexed re, cords of ail rneetingb=~endas, iSndin~ deter'mb'rations and reports of decision. Such records shall be ,4!~c'~c/c~t~'u c~z /wet;'in~,~Y_!~e hcarin~ examiner may request slag members with personal t<nowlcd~c of ~'elevant facts to attend heat'in~gnd produce relevant Sec, 5.5,5, Functions and auihorit¥. ~Vol~dg struck through are deleted, words underlined are added. 82 administrative :~pl, Mications whic:h cio not constitute quasi ;"~:-;"~ 3x~¢ ~,ill 3orocecd directly to the tacztrir~ examiner lbr t'eview which will final administrative action within t'hirtv (30) da'vs. The heari~g examiner will hcztr and decide all requests for ?;.i_.~2(~k~g.~.5__.lL.J32J/B._...~he terms of the reo'tlati ms or rest lc[ions (.f thc ~ zoning code: 'and such other cOdes or ordinances as rnav to [linl ~the Board oF Cotmtw Commissioner's. except tt~u~ ~'~o ............................ [S...L.!,O_..Jj.t_2.L....[.!!~ ts'?e o{' variance boina rec~uested in Dartict_ Ia- i?it Ct ~ ..... I. .......................................... : ........................................................... ~ ................................ ct. [.?A:t</i_~x~S_..~}Xf_O2'cg!'_',~t. i3~_g_..'.,&!~3L_xiar~i.i~DC__e_,, tile hearing examiner mt~s~ make a finding with respect to each find that all sec. ~ Tho hearine examine[' has tile authority to grant, deny, or modil'v however, lb[ti: rio IASC variance us defined in this code. or ~t,~x' variance from definitions or procedures set Forth in this Code-o-F any reacl:~ing ~lis decision, the hearing examiner has the authot'itv to ~tltctcla conditions and reqmrements necessary fi)r tiao protection of 2!!.~:2.}j_~_~_'..[~hsL._~2~lkj,~k~9_i?_E_E~$~irements retest be reasonably related thc variance reqttested and conform to thc: requirements of sec. 2.7.5.7. Variances nlaV be reviewed b.5! themselves or as .part of a rozoning d, All decisions of the hearin~ examiner concerning variances filed as ~arl of a .rezortin~ petition must be in tile f'ol'm of a written ~'ecc)m.r~'~cnciation to thc l>oat'd of coumy commx~issic:~ners. ~vitl~ respect tt~ variances at'e to Ibc cit'cuit cent'[ in accordance with se<7. 5.5.(~. The hc~trinox examiner will hear arid make xv'rittcl~ !'GCt',Flll¥1CI'IC atiom,< to the board of cot{nt~ commissioners on ~lJl t~pt>iicatiotas i5)r conditional ttses which may be ~'missible bv the district ~¥'ords ~+trLiC!.:. th:'o'dgh are deleted, words underlined are added. 83 use rc0. ulali<,as set 2,rlh in division 2.Z. sub cci to thc c. xcmption set f'onh /u~tw consider the i"ollowin~ whenever applicable: thc testimonX of any applican~or agent: the testimony off the public; poi cies ard intent of the ~rowth management pla~ whether the r%lucst meets or exceeds all perl~)rmance whether the request will protect, conserve, or preserve env;ron ncntallx, critical al'Oas aBd natural resources', wlnether thc request wilt be compatible with existing_of planned whether the reuucst will cause dmna~e, hazard, nuisance, or other detrimcnt to persons or pt'operty,. whether a requested use wil be in compliance with all ~eneral zonin~ :wovisiol~S and surmlement:d reaulations oerlaini ~g to the usc set forth in lhis Code. i:i~Ming~' Before making any recommendation for a .................. ccquired t:>v sec. 2.7.4.4. reviewed alld considered as rmrt of such FCZ. OlllI1E Ncuicn'. Review of the hearin~ examiner's recommendations with respect to condit onal uses will be as set forlh in sec. 2.7.4-.8. ................ ........... '.....:.....i:ms' P, coardino zonino mattcr,~ the hearing examiner has thc , i } /]~ Il?l(. l ~,._ ~_: .............. ~ ...................... m_... ........................ ~ ................................... :...~- ........... = ............ -' ............ ..~---.-.-: ............................................................ Prep_arc written recommendations to the hoard of E~2~E)~E~J~5~j~1~1.5.~.~s2~L~E13.~g~2~L~-2E~J1~}~s~2~.1~:~ k~flic'ablc to those dislricts, or to other land dcvclopmer~t Make ,a,'riltct~ recommendations with findiru_,z,~ o1' fact and conclusions o1' lax,,,' to the board ()1' counlv commissioner:< on zonin~ app ications or petitions relatin~ lo the lbllowin~: 1. Rezoninqs, including, planned unit developments and any Florida Quality Developments, as well as developments of regional impact or ADA's, which ma',/ or may' not include a request for rezoning. Words struck through are deleted, words underlined are added. 84 cou. junclk)n wilh, a ,'e/.oning applic~ation or petition. in ~ubsectior~ (c){2) of this section as well as the followin<, i__j' applicable: Whether the current uses authorized by the existing zoning are appropriate, or Ihere are changed circumstances which would make requested rezoning appropriate ~=:"~ ............... t.:~,,:, ..... ~,;~. ....................................... !-? ......................... _x,~,._'J:ls~_t!3..~lL. public facilities " - - ' :. as defined m section 3.15 of this Code, a~t'c~o~' will be. available and adequate to serve D~)oscd~ land use change, when .......... future urban area ..... s-,, ~ Whethe, a D_!'(~j)t)sed chaHge is intended to t'ectifv errors on the official ZOll itl g21'~a[)= ............. !...i'5_.1 .............. ffi.!L~:_//.L~:g_,Y_.....i[l_'N....h~m'iDg_ examiner's recommendation to the board o[ COLmtV cominissioncrs on a rezonin~, must contain the written findinzs uc..~i~L¢g~ t?5 sections 2.7.2.5 through 2.7.2.8~ and in the case ................... ...... :1 Th_ c l'~ea~ri__ng exanfiner serves in an advisory _capacitXZto thc board of county commissione,s with respect to those matters set forth it} .~.~h~.~t~.Li2n_.t..~2._ and (d)(l)b., above...s2J2JJ~k~__2_~.¢.!i2m_.im_4_h~_.~!~.¢!;~ [~ rczorfin, g, otb,3r than the request ztdvertised or published pursuant to this code. unless thc zoning district or conditional use proposed ~[!t2.roved are less in~ense and otherwise corresponctin~ land usc classification as sot forth in the .growth management phm. ha reachin*z iris decisions ihe heari;~ examiner has the authority to recommend of imt, osc- appropriate and reasonably related conditions and i'cquircmcnts to be ttltached to any llequest for a /.)~,~qxi(uz~' Ail decisions of thc hearing examiner concerning zoning will be delivered or mailed by the hcarinj cxalnillet' lO all t~trtici~ CncJudm~ the parties (:,[ rccol'd, and each individual county commissioner. the county attorney, and the county !2.[)_...!j.!.kL.....!!SL.,.x..:L..._tLclbLt_Lt..~tLt'_i~y.!2!i_ki_B_g day thereafter. Only a [~?,cscntative will be atTo,dod the right to address the board of couniv c(~mmissioHcr~ al ~t~v subsequent hearing considerin~ such Words struck '~' ........ ~- are deleted, words underlined are added. 85 Il' the hearin,, examiner iniends to deny or recommend denial of an ~plicafion described h'~ subsections ia) flmmah (c) of this section based on the ;~plicant's failure u> provide inff)rmation adequate in scope and ccrail to address particular isst es. he may, in his discretion, send a notice o' inlent [o deny based <>n insufficient information to all participants in iiet. l of a denial or a recomrncnchdi(m to deny thc applicaiion, The notice must state thc issues on which additional information is necessary and information will be provided (not to exceed '30 Wol'l,:hng davs). !:):2SL_4[!kE._9 f _Lt. Lq_._.!.!S2~E~L_._!!Z~L_t!gariag. ex ami net mu st .plepz~x... amL...5.~!b rcconnnendaiion or decision, whichever is applicable, denying the .¢~21ication to thc board of county commissioners and all participants. now hearing dale, at wlfich time the new evidence will be considered. with (his section to the zonin~ staff:', who will review it and pr¢v!arc a evidence ~s retevam. '4> The hem'i Lg followin2 the receipt of the new evidence ,,,,,ill be limited Iix)se issues to which, the new evidence is relevant. applicant will be entitled to more than oile notice of intent to deny Final decision; judicial review. ..i..!.l ............ L(:EJ:.g:.a.~ !~.!.h~,l.!LxS:j~_2~Lc_'i~i.~.~j~,._!.b!LLtcci_~J_~21~ of ~}2~Eing examiner will be final tm admh'~istrative a~3lications or variances which are not part of a rezonina 52Llisi. E cj!zx,,~J5Aii~)_enj approval request which re¢fires final decision by the board · q.~;~.!).s3:LEiE~.b_Lt~.~L._~!~dlgJ!!ih~ik~J]XF_..9tIpJicati°ns or variances will be in circuit COtlrt. Jurb, diclion for rexiew of any final ctccision of thc hearing examiner lies cxc!u~.;ivclv in circuit cOLIN. This review may o[~2 be obtained through filina a be Ri!cd within 3t) calendar days after thc decision has been rendered. ,, ~:'-,- , , *q,~,:~.,,~ ~>i' his subsection a decision is "rendered" as of tine date when it } ~.~...~ ............ ~....~..' i .. _[_!.~ 5 ..1 ~.~L!_ t .2Z.',. L ~2'. ,Z. 2-:..t..-~Zt..~Z.Z-.,} ............. :.-.Z ................. : ................. Z...--~ ............ : ...... [ ..........~--~---'~ .... ~---: ............ ~ ........... delivered or mailed by the hearing examiner t(> all partic~mnts, the parties of rcco)'d. :md each individual c(.~untv commissioner on the date it is rendered or on Thc pem(m makina applicatior~ to the hearina examiner for any final decision that s c mitied to it dicial review, is a necessa!~ and indispensabl~artv to any action section is not imended to preclude actions pursuant to F.S. ~70 5l or Nec. 5.5.7. [;nauthorized communications with hearing examiner. Words struck ........ h art; deleted, words underlined are added. 86 The foik>winx_words terms and phrases, when used in this section. minos ascribed to them in this section: except where tine context t hc._.!.!.l~.s ........... ~ ........ : ........................................................................ , ............................................................................................................ cares a dif`f`erenl :-n~anin~: A!2p/ic~rh,~ and a_Zfl_;e'M mcan any matter lvino wilhin the }urisdiction of the hem' :~ exami '~er and any application f`or rezoning which will be or is scheduled to be ......... U~_!:i/t~ <:,:~t,ti/wr means tlnc cotmtv hearino.: examiner or any member of his stall means any direct or indirect communicathon in any tbrm., whether written, verbal or ~phic, with the hem'ina examiner, or the hearin2: ~:i:;sionm5 by any pc'son outside el a pcblic hca:ina and not on the record. <:<intern}n< substantive issues in anxL_~oscd (',t' pendipg matter relating to variances. com.lt onal uses. rezonin~s, or any other llla[tof assim~ed by statute, ordinance, or ' ' ~ ': .... 'm exa'niner ['o' discussion or recommendation extent as _..N_o__i,!s:EXEiiLSI.~!:U k ng_x:.¥j;.[[g2 v--b a 5x;_c2.g a [Nxn pt lc> i ni tiaNt~tlLu n a u communication with a hearing examiner, includin~ members of` lite hearing examiner's staff, concerning substantive isstles relatin~ to a member of` thc bo'ard of county commissioners shall knowingly'_ have or attemp_! to initiate an unauthorized communication x,.ah a :4t.':P.}J_cJ:![J_(2 [L55:h:..s:!t ..:.:t._[J_ !:,!..'_ .!~!:....i~.. ~3:!J'J:e r~ij.,,~Jp_e...f_p r_ C .4_.. h_ ¢::.: ~iag consMcration. Neither the heari:ll examine's nor any member of their staff` shall j~;D.O.!SL}!!~._~L~&X_EE_..kl!!~I~ to initiate unauthorized communication wiih thc board el' county commissioners concernirm substantive in an application which will be or is pensli:g lbr the hearing examiner's consideration. :rocedural matters and thc administration of their office. The hearing exami their deliberations. They shall not initiate or copmider an unauthorized (5) commtmication concm'ning a pending ~31ication. examiner or cmp2kq2fee of' the county (except a member of` the hearing examiner's staff2 concerning a matter of law. plan_ning, or zoning ~!~.:t~is:-<L~!2:[.j3j..`..s-~.~i~.!N~.(~2~:LL<.2...`.%2.[j~..c:j:L2.t-[.c:J:.!:. an opinion advice tlc all mtereaed ~participants wh() ~N)m:u'ed at the public hearing personally, ~ a:cnt or through counsel, or have f'iled documents or statements in the advice has been received, the hearing examiner will then lbrward v~>ios of thc written ~ advice received as a result of his request ~:t:...~.~t~:~!..~ participant ;_il.~.4_.kl.[(i2!;[_.E[ljB.k2[e=%~d ~participants l~C.i:~d.~.a3k_fl~L.<!P.P322!_t!~kv i~5ZJ2¢.5t2P_U.f!._tg_.5&~3d rebut t~!~_~ advice on Ibc record prior to', rendering his decision.. The opportunity to respond may include a noticed public hearing granted at the hearing examiner's sole discretion when a written request for same has been filed with a ~'ords struck ....... ~,, are deleted, words underlined are added. 87 participant's response demonstrating how a participant may be prejudiced or irreparably harmed if such hearing is not afforded. tf an unauthorized communication is knowingly made or attempted to be made to a head ng examiner or a member of thc hearin~cxami nor' s citizen's complaint division of the counlv shcrifl-'s department or bY <7) l'iling__a c(2n3j_)laint directly with the state attomex, s off'icc on forms to ~19judiced a hearth2 cxamh'~cFs ability to decide a case hasod objectively and exclusively on tho record of public pl'oceodinT.~ the discMse the receit~t of an tmauthorized cc>mmunication is a violation of this section and shull subject /he hearing examiner or his staff' to tiao Any unauth(,rized communication received by a iBclBbor of tho hoarin~ examiner's staff concernine: a pendi_ng matter and prior to %7[.!.¢2!.i.gd_..i.n 1L!.....L[N_.!Zcgo. E((.__~21'_...t))_C_pc nd i_L~g_..p rocee din ~s, tu'lauthorizcd communication shall be furnished to all interested,parties of record, tn establishing roles of procedure fei' the hearth< examiner's sot fi in~ deadlines prior [o each heaEi~ after wMch no i:urther su/miittals, cxccpLshc~se presented thc pyfl4ic record for consideration h%_the hearing examiner. An5 i~e lbrwa,'dcd lhe put01ic record or presented at the hearing will not toe considered by ~.}.!st..[X~.;:~.211g.. Nothin~ sot forth in this section shall proMbit the discussion of any [~c~(Jing or m'oposed cases or appeals by and between lncarinoz P<,;~ulEc:s. Anv pe, rson wi~o knowingly makes or atttempts to initiate disch,sc und ~or{ an unauthorized communication or atl attempt to ~nttlate an unxuJh<>rizcd communication., shall be xutsject to any, or all, of tine following ....... LJ.'_! ...... f.'Z!)~4~/al~.'nr~hic',s. Such person shall be subie_ct _to punishmel~t :.ts pr<wiclcd in section 1.5t.6 .............. .(.~..!. .......... .(:i'_i3.jj._..~_?.~£!.Lq.L(j~'2:._....~5..tLc_'!Lperson shall be sul~Nct to: examiner action which is thc subject of tho unauthorized .......................... _~3) Each unauthorized communication or attempt to initiate an unauthorized communication shall constitute a separate offense under the provisions of this section. Words :;truck througq~ are deleted, words underlined are added. 88 DIVISION 5.13. ENVIRONMENTAL ADVISORY COUNCIL 5.13.2.1. The EAC obtains its jurisdiction, powers, and limits of authority from the board of county commissioners, hereinafter referred to as the board, and pursuant to this code, shall act in an advisory capacity to the board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the county and the review and evaluation of specific,_~.gJ_g.c.T~.~:!...-..~mi~----m~4 development petitions and their impact on those resources. 5.13.2.2. The EAC will Iktnction to: (l) Advise on the preservation, conservation, protection, management and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to the safety, health and general well-being of the public; (2) Advise and assist the county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources. (¸3) Provide written and oral reports directly to the board regarding recommendations on matters dealing with the protection of natural resources. (4-) Review and recommend stipulations addressing the preservation, conservation, protection, management and beneficial use of the county's physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) for Specific petitions and/or plans for selected development orders, including but not limited to rezones, developments of regional impact, provisional uses, subdivision master plans and planned unit development amendments that are directed to the EAC by ,~.:.¢t.~:~-~?:.-.-smfl:=--the board or the provisions of this Code ........ 5.13.2.3. The powers and duties of the EAC are as follows: (t Identify, study, evaluate, and provide technical recommendations to the board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in the county. (2) Advise the board in establishing goals and objectives for the county's environmental conservation and management programs. (3¸) Advise the board in developing and revising, as appropriate, local rules, ordinances, regulations, programs and other initiatives addressing the use, conservation and preservation of the county's natural resources. (4) Advise the board in the implementation and development of the growth management plan regarding environmental and natural resource issues. (5) Advise the board in identifying and recommending solutions to existing and future environmental issues. (6) Serve as the technical advisory committee to advise and assist the county in the activities involved in the development and implementation of the county environmental resources management program as stated in policy 1.1.1 of the conservation and coastal management element of the growth management plan. (7) Implement the water policy pursuant to chapter 90, article II of t&g 3.lgg..code_().l~ laws 'md ordinances as directed by the board ol~ courl[¥ commissioners. Words struck through are deleted, words underlined are added. 89 (8) Provide an opportunity for public comment on environmental issues, ordinances and programs. (:9) hnplement the provisions of the conservation and coastal management element of the county's comprehensive plan during the review process for development petitions and/or plans. bi:~£j.j))Assist in the implementation of any new programs, ordinances and/or policies adopted by the board which deal with the conservation, management and protection of air, land, water and natural resources and environmental quality in Collier County. : i.-4tt.! i_}The EAC shall present an annual report to the board at a regular board meeting in May of each year. The report shall list the EAC's achievements for the prior year, present its objectives for the coming year and highlight environmental issues that need further study. .......... cml (g~or mca h~~ ................. r~.'iew any p~ i~:l lc) be ...... ; ....... '~ ~" '~'~ EA~- Words :m-uck ': ......... ~' are deleted, words underlined are added. 90 be heard by the EAC ~'fin ~) days of~ the .... ; ...... ' ..... 4 ........... ' sin .... submit Reimbursement of expenses. Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners. Sec. 5.13.9 _8 7. Review process. This EAC shall be reviewed for major accomplishments and whether it is serving the purpose roi' which it was created once every four years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. [Code ch. 2, art. VII1, div. 211. Article 6: DIVISION 6.3 DEFINITIONS /:hm;ic~.l,~,zm' nicans any person xSfhqSJEpi5~iS._kg_iL)JeiLf~ examiner _proceedin~..j~_p~r~o_[l or th;ott>zh counsel or atuthorized representative ztnd provides legal argumqnt, lestin?n~ ~u' (>tt~e~' evidence. A ~'tic~0anl is entitled to receive a written notice of tho hearine cSxminer's decision or reconnnendation. This term includes coun~ sta[f and tine applicant diminish a person's standing in other leg~ proceedings, and as such will not alter a person's standin~ under the common law or other applicable procedural rules for civil. administrative, appellate, or other proceedings. ;/,,.emxh,.u'/'.~ed co,~,u,n/c{,l/om means any direct or indirect communicatiom in any form. ;5.(~5d~]~-j?~Z.~3.5L-ps;.~]5~L~...9~k~j~2(;~g-~[~..2-~N:~2~.g-~j~;A~g and not on the record=.~3)AWS~E.Lmg -<~bstantivc issues in any ~3ropf.)sed (,r pending matter relating to variances, conditiorml uses. ru/oni ngS. or a%' other mallei' assigned t-~ statute, ordinance, or administrative code DIVISION 5.1 Sec. BOARD OF COUNTY COMMISSIONERS SECTION FOUR: CONFLICT AND SEVERABILITY Words struck through are deleted, words underlined are added. 91 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 ~-emaining 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 struck ,4. ....... .... e,~[ me' '~ deleted., words underlined are added. 92 SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State, except that Section 3.M. of these Land Development Code amendments will not become effective until such date as the Board of County Commissioners establishes by resolution passed with at least a four-fifths m(iority vote. On that effective date all applications, requests, petitions, or other for'ms of development approval that are deemed sufficient by the County Manager will be considered and reviewed as set forth in Section 3.M., and the then current Code, ordinances, and laws, except that those projects already heard, or properly advertised to be heard, by the enviromnental advisory council or planning commission, or both, as of the effective date set forth in the above-stated resolution will be heard, reviewed, and considered under those rules, regulations, and procedures in effect immediately prior to said effective date. Any such project wiaich fails to be t'ully heard and have a final decision rendered by the County within six months f~'otn said effective date will be deemed denied without prejudice, and will subsequently be considered and reviewed under the then current rules, regulations, and procedures of this Code, ~:md other applicable ordinances or laws. Either the resolution referred to above, or an executed copy, will immediately be recorded by the Clerk of the Board in the Official Records of Collier Cc~c~nty, thereafter, a certified copy of said recorded resolution will be forwarded to the Secretary c~f State for filing. The failure to record or file said resolution will not otherwise act to invalidate or delay the effective date for these regulations. PASSED AND DULY ADOPTED by the Board of County Comnfissioners of Collier County, Florida, this day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES CARTER, PhD, CHAIRMAN ?\TTEST: D\V1GIqT E. BROCK, CLERK Approved As To Form And Legal Sufficiency Marjorie M. Student Assistant County Attorney il.\ l,l)C ('Ycl.l!:i i 2001\LI)C ORD CYCLE I - 2001 Words ..........~- *' ........ h arc deleted, words underlined are added. 93 APPENDIX "G" Words struck thr'.~'agh arc deleted, words underlined are added. 94 COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS '2. Security: Property Owner is responsible for ensuring that adequate security is provided for each Beach Event. Traffic Safety: Authorization from the Collier County Sheriffs office may be required for certain Beach Events. Property Owner is responsible for consulting the Collier County Sheriffs Office to determine whether separate authorization for a particular event is required. Use of Electrical Apparatus: Need to speak with Building Department Signage: Use of signs shall be subject to the provisions of the Collier County Land Development Code. Noise: All music shall be subject to the terms and conditions of Property Owner' s Music Permit, which permit may be obtained from Collier County on an annual basis. Restrooms: Existing restroom facilities must be adequate, or additional portable faculties made available and not located on the beach. Vehicles On Beach: Use of vehicles shall be subject to provision of Collier County Land Development Cocte §3.14. Public Access: Beach Events shall be conducted in a manner that does not interfere with the public's ability to traverse that portion of the beach owned by the State of Florida. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through October 31st of each year): " c .... d,~c~ ~ulations: are also subject to the following A. ~~ All required Florida Department of Environmental Protection (FDEP) Field Permits, if re. ired ~EP, shall be obtained and a copy t~rnished to Collier County prior to the time of the scheduled event as set forth in section 2,6.34.3. B. Consistent with section 3.13.7.o-, and 3 14.6.. no structure ~t up, inc!ud~ or beach raking; or mechanical cleanin~tivity for an~ particular Beach Event shall not commence until after monitorin~ conducted by personnel with t)~'i..or experience and training in nest surveys procedures and possessing valid Fish and Wildlit~ Conservation Commission Marine Turtle Permit has Use of vehidles on the beach is prohibited, except as may be permitted under h~Section 3.14.3.. 3.14~5~_(2r 3.14.6:, oi' ti;;,,'; cc4e:. Words ...... "*~' .... g~- are deleted, words underlined are added· 95 D. Consistent with section 3.13.7.3., Aall materials placed on the beach for th__2e purpose of conducting the t2ermitte-/t Beach Event5 ~a!l nmst be removed from the beach by no later than 9:00 p.m. of the date of the event and no structures may be~aced, or stored QJa, o~_2within ten feet of any beach dime. E. 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. F~ Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its l)lanned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County Natural Resources Department_in order to protecl the identified sea turtle nests. G. 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. H. /:\ cop~_Z_' of all Nnotices required by ~ an__x permit or thes_e regu.!.ations s!xa!! must also be gm:tiM~ provided_ by the pe__rmit holder to Collier County Natural Resources Department. # 13780v4- 10190-0001 Words struck through are deleted, words _underlined are added. 96 C~ 9 / ORDINANCE NO. 01- 34 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 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCI,UDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. 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, for the calendar year 2001; and 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 Words str~c!~ thre. t:g~ are deleted, words underlined are added. 1 WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on June 6, 2001 and June 20, 2001, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; 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. Stat., 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 thre, ug!: 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 AMENDMENTS TO THIS CODE DIVISION Division 1.19., Amendments to this Code, of Ordinance 91-102, as amended, is hereby amended to read as follows: DIVISION 1.19. AMENDMENTS TO THIS CODE Sec. 1.19.1. Timing. Amendments to this code may be made not more often than two times during any calendar year as scheduled by the county manager, except: 1.19.1.3. In the case of an emergency, Aamendments to this code may be made more often than twice during the calendar year if the Collier County Board of County Commissioners, by at least a super-majority vote, directs that additional amendments be made for loss of .....~ .......k,;o c.,_ao SUBSECTION 3.B. 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. ZONING DISTRICTS, PERMITTED DIMENSIONAL STANDARDS USES, CONDITIONAL USES, Sec. 2.2.2. Rural agricultural district (A). Words struck thre. ug!: are deleted, words underlined are added. 3 2.2.2.2.1. Permitted uses Agricultural activities, including, but not limited to: crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: dairying; ranching; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with not open feedlots, for personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. ao Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: o Fighting or baiting any animal by the owner of such facility or any other person or entity. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. For purposes of this subsection, the term baiting is defined as set forth in section 828.122 (2)(a), Florida Statutes, as it may be amended from time to time. Sec. 2.2.3. Estates district (E). 2.2.3.2.2. Uses accessory to permitted uses. o Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. ao Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: Fighting or baiting any animal by the owner of such facility or any other person or entity. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. For purposes of this subsection, the term baiting is defined as set forth in section 828.122 (2)(a), Florida Statutes, as it may be amended from time to time. Excavation and related processing and production subject to the following criteria: Words gtr'.'.ck t~re. ug~ are deleted, words underlined are added. 4 ao These activities are incidental to the permitted used on site. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 2.7.4. and 2.2.3.3. of the code Sec. 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division 2.7.4: Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion. a. The site must be 20 acres in size. Sec. 2.2.8. Residential Tourist District (RT). Maximum density permitted. A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares and multifamily uses when located within an activity center or if the RT zoning was in existence at the time of adoption of this Code. When located outside an activity center, except as provided above, the density shall be determined through application of the density rating system established in the Collier County growth management plan, but shall not exceed 16 units per acre. Any project which received approval at a public hearing prior to July 1, 2000 shall not be deemed to be non-conforming as a result of inconsistency with density limitations. 2.2.8.4.7. Floor area requirements. 2.2.8.4.7.2.1. 2.2.8.4.8. 300 square c~ _:_: .... c^. ~..,~,o ~.a ~.~,~ Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty percent (20%) of the total units may be utilized for suites. Sec. 2.2.12. Commercial professional district (C-I) and commercial professional transitional district (C-l/T). Sec. 2.2.12.2.1 Permitted Uses 1. Accounting, auditing and bookkeeping services (8721). 2. Automobile parking (7521). 3. Barber shops (7241). 4. Beauty shops (7231). Words struck tSroug5 are deleted, words underlined are added. 5 o Business services (groups 7311, 7313, 7322--7331, 7338, 7361, 7371, 7372, 7374--7376, 7379). 6. Child day care services (8351). 7. Churches and other places of worship Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; 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. 89. Offices for engineering, architectural, and surveying services (groups 0781, 8711--8713). 910. Health services (8011--8049). 4-011. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 4412. Insurance carriers, agents and brokers (groups 6311--6399, 6411). ~ 13. Legal services (8111). -1-314. Management and public relations services (groups 8741--8743, 8748). 4415. Miscellaneous personal services (7291). 4-516. Museums and art galleries (8412). 4-617. Nondepository credit institutions (groups 6141--6163). 4-718. Photographic studios (7221). -1-819. Physical fitness facilities (7991). -1-920. Real estate (groups 6531--6541). -2-021. Shoe repair shops and shoeshine parlors (7251). -2422. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. 2.2.15.3 Conditional uses for C-4. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in division 2.7.4. 18. Motor Freight transportation and warehousing ( 4225 air conditioned and mini-and self storage warehousing only). Words gtr'aclz thre~ugk are deleted, words underlined are added. 6 Sec. 2.2.16 1/z. Business park PUD district (BP). 2.2.16 Yz. 2. Permitted uses. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as a of right, or as uses accessory to permitted primary and secondary uses in the business park PUD district, or az 'dSe~ accessory to 2.2.16 V2.2.1. Permitted Primary Uses - 100% One-hundred percent of the total business park PUD district acreage is allowed to be developed with the following uses: 24. Motor fright transportation and warehousing (4225 mini- and self-storage warehousing only and subject to the following criteria: bo The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; and Access to individual units whether direct or indirect must be from 24 5. 25 6. 26 7. 2:78. 28 9. 30 1. 34- 2. 35 3. 343 4. 35. Co eo the side of a building that is oriented internally; and No building shall exceed 100 feet in length when adjacent to a residential zoning district; and No outdoor storage of any kind is permitted: and Storage units shall be utilized for storage purposes only. Paper and allied products (groups 2621-2679) Plastic materials and synthetics (groups 2821, 2834) Printing, publishing and allied industries (groups 2711-2796) Professional offices; insurance agencies, (group 6411); insurance carriers (groups 6311-6399); real estate (groups 6531, 6541, 6552, 6553); holding and other investment offices (groups 6712-6799); attorneys (group 8111) Rubber and miscellaneous plastic products (groups 3021, 3052, 3053) Security/commodity brokers (group 6211) Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3792, 3799) United States Postal Service (group 4311) Wholesale trade durable goods (groups 5021, 5031, 5043-5049, 5063- 5078, 5091~ 5092, 5094-5099) Wholesale trade nondurable goods (groups 5111 - 5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5192-5199) Any other use which is comparable in nature with the forgoing uses and is otherwise clearly consistent with the intent and purpose statement of the district. Words struck through are deleted, words underlined are added. 7 2.2.16 V2.2.2. Permitted secondary uses accessory to the business park PUD district. Development is limited to a maximum of 30 % of the total acreage of the business park district for the following uses: Business services (groups 7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, 7363, 7371-7384, 7389) 2. Child day care services (group 8351) Depository and non-depository institutions (groups 6021-6062, 6091, 6099, 6111-6163) Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with health services groups and medical laboratories/research/rehabilitative groups. o Hotels (group 7011 hotels only). Maximum density 26 units per acre when located within activity centers and 16 units per acre when located outside activity centers. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. Membership organizations (group 8611); business associations (group 8621); professional organizations (group 8631); labor unions and similar labor organizations._ ) 7. Personal services (groups 7215 - 7231,7241) 8. Physical fitness facilities and bowling centers (groups 7991, 7933) 9. Professional offices; travel agencies (group 4724) Sec. 2.2.20. Planned unit development district (PUD). 2.2.20.3.7. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication. The board of county commissioners may, as a condition of approval and adoption of a hhe PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for one or more required c-et:tam public facilities, the market value of the land set aside for the public purpose may shall be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier the gcounty manager, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County Words struck thrc, ugh are deleted, words underlined are added. 8 within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the PUD rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning. At no cost to the County, :F_the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, ~ a.~ .~ .... , .... ,o sele-ey~,i~,, except as otherwise approved by the board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the board of consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 1.9.2. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. Sec. 2.2.28. Immokalee Overlay Districts. 2.2.28.6. Agribusiness Overlay Subdistrict: Special conditions for the properties identified on Map 5; and further identified by the designation "AOSD" on the applicable official Collier County Zoning Atlas Maps. Words struck thrc. ugh are deleted, words underlined are added. 9 AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) N INDICATES AGRIBUSINESS OVERLAY SUB-DISTRICT AGRIBUSINESS OVERLAY SUB-DSTRICT IAOSD) IMap 5 (Delete this Map) Words struck thrcugh are deleted, words underlined are added. 10 AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) iNDICATES AGRIBUSINESS OVERLAY SbB-DISTRICT AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) Map 5 (Replace with this Map) Words ~' .... ,7 ,~. ..... ,~ ............. e,, are deleted, words underlined are added. 11 2.2.28.8. Main Street Overlay Subdistrict. 2.2.28.8.3. 2.2.28.8.4. 2.2.28.8.5. 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 uses may be permitted as of right in this subdistrict: Hotel and Motels (group 7011). Communication towers, as defined in section 2.6.35. of this code subject to the following: a_. such tower is an essential service use as defined by subsection 2.6.9.1. of this code; and such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. 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 of right in this subdistrict: All uses allowed in the Commercial Professional district (C-i), of this code, except for group (7521). Communication towers, as defined in section 2.6.35. of this code subject to the following: b. such tower is an essential service use as defined by subsection 2.6.9.1. of this code; and c. such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. 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: 10. Communication towers, as defined in section 2.6.35 of this code, except as otherwise permitted in this subdistrict, m~ 2.2.28.8.6. 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. Communication towers, as defined in section 2.6.35 of this code subject to the following: a. such tower is accessory to an essential service use as defined by subsection 2.6.9.1. of this code; and b. such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. 2.2.28.8.7. Conditional uses. Words struck tkrc',:gh are deleted, words underlined are added. 12 Conditional uses of 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. B. Communication towers, as defined in section 2.6.35. of this code for essential service uses as defined by subsection 2.6.9.1 of this code that exceed a height of 75 feet above grade including any antennas attached thereto. Section 2.2.33. Bayshore Drive Mixed Use Overlay District. Words struck t~,r,v~:g~ are deleted, words underlined are added. 13 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT CRICKET LAKE RENTAL APTS. CONDO SEMINOLE AVENJE BARRETT AVENUE KELLY PLAZA PREPAREC BY: GRAPHICS AND TECHNICAL SIJpPORT SECTION COMMUNITY DEVELOPNIENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 3-200~ FILE: BAYSHO12-B×I1A2DWO PLOT-AUTOF[LL.PAL I i I LEGEND NEIGHB~HOOD C~ERCIAL Bayshore Drive-BMUD Map 1 (Replace with this map) Words structK through are deleted, words underlined are added. 14 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT COURTHObSE CANAl. LAKEVIEW DRIVE CRICKET LAKE RENTAL APTS, CONDO SEMINOLE AVENUE LUNAR STREET CRAPHICS AND TLCHNICAL SUPRORT SECTION AND ENVIRONMENTAL SERVICES D,VISION 12-2000 FILE: ~3AYSHO~2 BX11A.OWG PLOT-AUTOFILL.PAL [ i I LEGEND 2.2.33.11 (Delete this map) Dimensional standards. 2.2.33.11.1 Minimum yard requirements. 7. To allow the maximum use of the waterfront, building placement on a lot can vary from the required setbacks, provided such variation is Words struck through are deleted, words underlined are added. 15 2.2.33.11.4 recommended by the CRA staff and the county architect and approved by the planning services department director. Maximum height of structures. The first floor of the building at the sidewalk' level shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be oeeupied limited to.lypcommerci~ uses only. 2.2.33.12 2.2.33.13 2.2.33.13.1. Parking standards. The off-site parking requirements of section 2.3.4.11 of the LDC code shall annlxr ..... + c~ ~k ...... ; ..... ~o ~c ~..;. .... ,;~ ~ cl /I !! ,'/Ix Vehicul~ egress points may be located on local streets opposite residential homes provided they ~e within the Bayshore Mixed Use Overlay District. 10. Shared parking requirements shall be consistent with those provided in subsection 2.3.5 2.3.4.11.2.c of the code except that the planning services department director can approve or deny requests instead of the board of O zoning appeals or planning commission, and under Scctie, n .... 5.3.3, sShared parking spaces canmay be separated by Bayshore Drive provided the two properties are located within the BMUD. Landscaping. As required by division 2.4 of this Code unless specified otherwise below: Special buffer requirements for development areas contiguous to residentially zoned property. A 15-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. 2.2.33.14. Special provisions. 2.2.33.15. All dumpsters must be located in the rear yard and not visible from Bayshore Drive. Architectural standards. All buildings shall meet the requirements set forth in division 2.8 unless otherwise specified belows. All buildings adjacent to Bayshore Drive will have the principal pedestrian entrance fronting Bayshore Drive. Thirty-five percent of the building faqade that faces Bayshore Drive will be clear glass. Clear glass windows between the height of three and eight feet above sidewalk grade are required on the primary facade of the first floor of any building. Words struck thraugh are deleted, words underlined are added. 16 Attached building awnings may encroach over the setback line by a maximum of five feet. Neon colors shall not be used as accent colors. 2.2.33.17. 2.2.33.18. 2.2.33.20. 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. Permitted uses: All uses permitted within the Neighborhood Commercial subdistrict are permitted. Marinas. (group 4493, except all repair and storage of boats must be conducted in an 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 Special conditions for marinas: Ail rRepair and storage areas shall not be visible from the local street. Boats available for rental purposes shall be located in the water or properly screened from the local roadways and not visible from Bayshore Drive. Ali boat racks shall be enclosed. Height of structures may be increased to a maximum height of 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 whether or not the ~n ....:__. .......... e. Will a literal interpretation of the provisions of this m~m-g-code imposes a financial hardship on the applicant. Outdoor displays of new boats for sale on properties fronting Bayshore Drive shall be limited to the following: 1_. All areas used for new boat sales activities shall occupy no more than 35 percent of the linear frontage of the property. 2. All boat sale activities are limited to new boat sales. 3_. All new boat sale areas shall not be closer to the frontage line than the primary building they serve unless it is otherwise recommended by the CRA staff and administratively approved by the planning services department director. All new boats located within an outdoor sale area shall not exceed o the height of 17 feet above existing grade. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. An additional landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a 3 foot high double row hedge spaced at 3 feet on center at the time of planting. Outdoor displays of boats on properties fronting Haldeman Creek shall be limited to the following: 1_=. All areas used for boat sales shall utilize no more than 50 percent of the linear frontage of the property. Words struck through are deleted, words underlined are added. 17 2.2.33.22.9. o All boat sale areas shall be no closer to the frontage line than the primary building they serve unless it is otherwise recommended by the CRA staff and approved by the planning services department director. All boats located within outdoor sales areas shall not exceed a o height of 35 feet above the existing grade. Sailboat masts are exempt from this limitation. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. An additional landscape buffer is required around the perimeter of the outdoor sales area. This buffer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a 3 foot high double row hedge spaced at 3 feet on center at the time of planting. Building placement and design. Buildings and their elements shall adhere to the following: (See BMUD figure 434_): 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: t=_library, studio, workshop, playroom, or guest quarters. Ownership of an accessory unit may shall not be transferred independently of the primary residence. The following regulations regarding accessory units apply: Only one accessory unit is permitted per principal primary reside, ncc structure. The maximum area of an accessory unit is 550 square feet, limited to one habitable floor. The accessory unit may be above ~- c,n '~'~ ~:~ ~'~ .......... a garage "~ ...... o__rr may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight feet in width. 2.2.33.22.15. Fencing standards. Fencing forward of the primary faffade of the structure is permitted subject to the following conditions: 1. The fence does not exceed four feet in height. 2. The fence is not opaque but provides an open view. 3. Chain link fence is prohibited. 4. The fence material shall be wood, vinyl, or iron. 5. A masonry wall is permitted and shall not exceed three feet in height. 6. Fencing and walls must architecturally complement the primary structure as determined by the CRA staff and the planning services department director. BMUD figure 3 - Examples of typical fencing permitted. Words struck thrv, ugh are deleted, words underlined are added. 18 2.2.33.24. 2.2.33.24.1. 2.2.33.24.2. Residential Neighborhood Commercial subdistrict (RNC). The purpose and intent of this subdistrict is to allow limited home occupational businesses. Home occupations requirements set forth as-req,ak-ed-in section 2.6.20 of the code, 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. The home occupations permitted include: Accounting (8721), auditing and bookkeeping services (8721), barber shops and beauty salons (7231 except beauty culture schools, cosmetology schools, or barber colleges), engineer or architectural services (8713,8712,8711), insurance agents and brokers (6411), legal services (8111), and real estate agents (6531 except manufactured home brokers, on site; housing authorities, operating). The home occupation shall be clearly incidental to and secondary to the use of the dwelling for residential dwettita-g-purposes and shall not change the character of the dwelling unit. The following conditions shall be met: There shall be a minimum of one residential dwelling unit. The resident of the home occupationbusiaess. shall be the owner and operator of the home ~. 3~ The home occupation--busitaess shall not occupy more than 30 percent of the primary residential structure. The home occupation--business shall not employee more than two employees at any given time. D.~,.: ....... ; ..... ~ ..... ~ A One wall sign shall be permitted provided it does not exceed 6 square feet in area, and shall not project more than 4 feet from the building on which the sign is attached. A total of 2 parking spaces shall be provided for clients or customers. Two additional parking spaces shall be provided for employees, if any. The required parking area or areas shall not be located in the front yard of the residence. Parking areas shall consist of a dust free surface such as; mulch, shell, or asphalt. A single row hedge at least 24 inches in height at the time of planting shall be required around all parking areas. There shall be no additional driveway to serve such home occupation. There shall not be outdoor storage of materials or equipment used or associated with the home occupation. Words struck through are deleted, words underlined are added. 19 BMUD Figure ~_-Typical front elevation for residential development. (Figures o,~,.,.,r ,~, ..... ~, ............. ~, are deleted, figures underlined are added) Words struck tP. rougk are deleted, words underlined are added. 2O Sec. 2.2.34. Goodland Zoning Overlay (GZO) District. 2.2.34.4.3 2.2.34.4.4 2.2.34.5. 2.2.34.5.1. 2.2.34.5.2. 2.2.34.6. 2.2.34.6.1. Minimum lot requirements. As provided for in the residential single family district (RSF-4) for each permitted, accessory, and conditional use except for the following: ao Minimum lot area: 5,000 square feet. Minimum lot width: 50 feet. Minimum yard requirements. As provided for in the residential single family district (RSF-4) for each permitted, accessory, and conditional use except for the following: a. Side yard: 5 feet. Parking/storage qf major recreational equipment and personal vehicles. Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer subdivisions, boats, trailers, recreational vehicles and other recreational equipment may be stored in any yard subject to the following conditions. a_. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored. b~ No recreational vehicle or equipment shall exceed 35 feet in length. c_. No recreational vehicle or equipment shall be parked, stored nor encroach in any county right-of-way or easement. d_:. Recreational vehicles or equipment that exceed 35 feet in length shall be subject to the provisions of subsection 2.6.7.2 of this code. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions. a_. No vehicle shall block or impede traffic. Storage and display of fishing related equipment. Within the VR and RSF-4 zoning districts, fishing equipment, such as crab traps, anchors and other similar items, may be displayed or stored in any yard subject to the following conditions. ao The storage of fishing related equipment is permitted only in association with a fishing related business. Storage of toxic materials is prohibited. The storage or display area shall be located a minimum of 5 feet from any property line or county right-of-way. Fishing related items may be used for decorative purposes. SUBSECTION 3.D. AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DIVISION Division 2.6., Supplemental District Regulations, of Ordinance 91-102, County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS as amended, the Collier Words ~truck t?~rzug~ are deleted, words underlined are added. 21 2.6.34.1. Annual beach events permit: 2.6.34.3.1 .-1-:. 2.6.34.3.2. 2.6.34.3. 2.6.34.3.1 2.6.34.3.2. 2.6.34.3.3 2.6.34.4. 2.6.34.4.1. 2.6.34.4.2. 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. Permits issued pursuant to this section are not intended to authorize any violation of § 370.12, F.S., or any of the provisions of the Endangered Species Act of 1973, as it may be amended. 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. Notice of scheduled events: 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. 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. All notices or documents furnished to Collier County pursuant to the permit or these regulations shall be sent to Collier County Planning Services Department and for events that occur during sea turtle nesting season, to the Collier County Natural Resource Department as well. Event Cancellations and postponements: 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. 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 Words struck t~r~ug~ are deleted, words underlined are added. 22 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. 2.6.34.5.1. 2.6.34.5.2. Sea turtle nesting season. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through October 31st of each year): r~.,~: ..... + .... ,,, .... ; ........,,~,, .....,o o,,~,, ,,8 1 bj th folio i g ~"~:*:~"~ ........ ~, ............................ areasosu ectto e wn ........... o regulations: A-eopy-of--tt~ All required Florida Department of Environmental Protection (FDEP) Field Permits,_ , ;~' ,,~,~,,,,,~,,;-=a ~,,,,~j ,ur'un,.~,, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 2.6.34.3. Consistent with section 3.13.7.3, and 3.14.6, no structure g-set_ up, ~:"~'"a:-~6 or beach raking; or mechanical cleaning activity for any particular Beach Event shall ,not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed 2.6.34.5.3. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius out from each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permit.. 2.6.34.5.~3 4. Use of vehicles on the beach is prohibited, except as may be permitted under i-~ Section 3.14.3, 3.14.5, or 3.14.6.~ais~:~ 2.6.34.5.&5. Consistent with section 3.13.7.3,~_all materials placed on the beach for the purpose of conducting the permitted beach events shall · 1) must be removed from the beach by no later than 9:30 p.m. 9:00 p.m. of the date of the event; and 2) n___~o structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the permit. 2.6.34.5.56. 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. 2.6.34.5.62. Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County Nat'aral ,:, ......... r,~_~..+ .... staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in 2.6.34.5.5, as part of its daily sea turtle monitoring. 2.6.34.5.~8. 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. 2.6.34.5.g9. A copy of all Nnotices required by this any permit or these regulations shall must also be furnished provided by the permit holder to Collier County Natural Resources Department. Note: When a State permit is more restrictive than the code requirements, the State requirements shall supersede, and the County shall enforce these requirements. Words gtr'dck through are deleted, words underlined are added. 23 2.6.34.6. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of this section are subject to the following penalties, except that the Annual Beach Events Permit may not be suspended or revoked: Violations which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500 fine per violation. Violations which occur during sea turtle nesting season and are: any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a beach event prior to daily sea turtle monitoring; 2) failing to remove beach event materials from the beach by 9:30 p.m.; 3) failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by sec. 2.6.34.5.3; are subject to the following penalties: First violation: Second violation: Third or more violation: $1,000 fine $2,500 fine $5,000 fine bo any activity that would not cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the County of a beach event; 2) failing to provide the County with copies of Florida Department of Protection permits prior to each beach event; or 3) having beach event materials or related structures set, placed, stored on, or within ten feet of any beach dune; are subject to up to a $500 fine. 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. 2.7.2. Amendment procedures. 2.7.2.3. Notice. 2.7.2.3.4. Notice and public hearing where proposed amendment initiated by the board o_f county commissioners would change the zoning map designation of a parcel or parcels of land involving ten contiguous areas or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. In cases initiated by the board of county commissioners in which the proposed change to the zoning map designation of a parcel or parcels of land involves the, ten contiguous areas-ogacres or more of land or changes the actual list of permitted~ conditional or prohibited uses of land within a zoning category such provisions shall be enacted or amended pursuant to the public notice and hearing requirements by the planning commission and the board of county commissioners. 2.7.2.4. Planning commission hearing and report to the board of county commissioners. Time limits. Hearings by the planning commission on applications for rezoning of land shall be held at least 24 times a year. For applications not involving the rezoning of land, but which involve amendments to these zoning regulations, the planning commission shall hold its public hearings Words str'ac~a thraugh are deleted, words underlined are added. 24 twice per calendar year. In the case cf an emergency, except amendments to these zoning regulations may be made more often than twice during the calendar year if the additional amendment cycle receives the approval of a super-majority vote of the board of county commissioners. Unless a longer time is mutually agreed upon by the planning commission and the board of county commissioners, the planning commission shall file its recommendations for either type of amendment with the board of county commissioners within 45 days after the public hearing before the planning commission has been closed. 2.7.2.8.1. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication. The board of county commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for eemam one or more such public facilities, the market value of the land set aside for such public facilities '~' .... v .....v-,-~-,o,- may ,,r,~, be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as deternfined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90 day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the rezoning action. At no costs to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at .......... v ......... ~, ...... exce as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appmpi4ate-time frame noted above may result in a recommendation to the board of consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 1.9.2. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compliance process. Words struck through are deleted, words underlined are added. 25 Improvement of property prohibited prior to issuance of building 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 permit where the development proposed requires a building 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. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within sixty (60) days after the issuance of after the fact permit(s). 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. 2.8.3. Architectural and site design standards and guidelines for commercial buildings and projects with a gross building area of 20,000 square feet or larger. 2.8.3.7.2. Landscaping. The following requirements, with the exception of building perimeter plantings, shall be counted toward the required greenspace and open space requirements of division 2.4. of this code. Until the time specified below, :~a at time of planting, trees in vehicular use areas shall be a minimum of 12 to 14 feet height with a six-foot spread and a two and one-half inch caliper and shall have a clear trunk area to a height of seven feet. Beginning on June 1, 2002, at time of planting, trees in vehicular use areas shall be a minimum of 14 to 16 feet height with a six to eight foot spread and a three to four inch caliper and shall have a clear trunk area to a height of six feet. The first row of landscape islands located closest to the building front and sides shall be landscaped with trees, palms, shrubs and groundcovers and Words atruck t~raugP, are deleted, words underlined are added. 26 shall have a clear trunk area to a height of seven feet (see Illustration 17 below). Tree and lighting locations shall be designed so as not to conflict with one another (see Illustration 18 below). SUBSECTION 3.G. AMENDMENTS TO SUBDIVISIONS DIVISION Division 3.2, Subdivisions, of Ordinance 91-102, as amended, Development Code, is hereby amended to read as follows: DIVISION 3.2. SUBDIVISIONS Sec. 3.2.6. Subdivision review procedures. the Collier County Land 3.2.6.5.3. Procedures for acceptance of required improvements. The applicant shall submit the following data, certifications, inspections and documents for review and approval by the site development review director prior to the county administrator, or his designee denying, granting, or granting with conditions preliminary approval of any completed required improvements and prior to authorizing the site development review director to issue any building permits, except as provided for in section 3.2.7.3.4. of this Code, for structures to be constructed within a subdivision or development, where the developer has chosen to construct the improvements prior to recording of the plat. o Completion certificate, record improvement plans and supportive documents. The required improvements shall not be considered complete until a statement of substantial completion by the applicant's professional engineer of record along with the final development records have been furnished to, reviewed and approved by the development services director for compliance with this division. The applicant's professional engineer of record shall also furnish one set of record improvement plans on a mylar or other similar acceptable material, with a minimum of two mil thickness, and two sets of certified prints acceptable to the development services director, showing the original design in comparison to the actual finished work. The mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. The applicant's professional en neer shall also submit a,~,~..v~.L,~.'~ ,~ ................ 6 .... digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shah follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Su~ey Feet (USFEET) units; as established by a Florida registered su~evor and mapper. All information shall have a m~imum dimensional e~or of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. fight-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Words struck t?Lrc, ug~ are deleted, words underlined are added. 27 lot dimensions - lottxt layer. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional land surveyor and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: Sec. 3.2.8. 3.2.8.2.18. Improvement plans. Upon re-submittal of construction plans and plats, the engineer shall identify all revisions to the construction plans by lettering or numbering; the surveyor shall identify all revisions to the plat by highlighting the current revisions. The applicant shall also provide a written response to the county's comments, responding to each comment individually. Sec. 3.2.9. Final Subdivision Plat. 3.2.9.1.6. After the final subdivision plat has been approved by the development services director for compliance with this code as provided in this division, the applicant shall resubmit five certified sets of the previously approved improvement plans along with approved copies of all required county, state and federal construction permits. T~, ....~:~* ~'~' ~' ..... ~'~:* ppli gi ..... m~ ......................... The a cant's professional en neer shall also submit a digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt layer._ a ............ ~ ......................................... ~ ........... All construction permits required from local, state and federal agencies must be submitted to the development services director prior to co~encing development within any phase of a project requiring such permits. 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: Words struck thre, ugh are deleted, words underlined are added. 28 DIVISION 3.3. SITE DEVELOPMENT PLANS Section 3.3.12. Electronic data requirements. After the final site development plan has been approved by the development services director for compliance with this code as provided in this division, the applicant's professional engineer shall also submit digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information lavers shall have common naming conventions (i.e. right-of- way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt laver. SUBSECTION 3.I. 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. 3.5.3. Applicability; permit required. It shall be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefor, except for public capital facility projects, or as otherwise provided herein. SUBSECTION 3.J. AMENDMENTS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE DIVISION Division 3.13.,. Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE Sec. 3.13.7. Exemptions. Sec. 3.13.7.3. Any structure(s) such ~" *'~" ..~r.,~,, .... '~ ~'~" v"--;* .... that: D do not constitute fixed structure(s), 2) do not require a building permit, 3_1 weigh less than 100 pounds~ and 4_t upon review by the d,e~4opme~ Words struck through are deleted, words underlined are added. 29 planning services director or his designees~ is/are determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1 - October 31) unless the structures are removed daily from the beach prior to 9:00 p.m. 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of § 370.12, F.S., or any of the provisions of the Endangered Species Act of 1973, as it may be amended. Sec. 3.13.9. Penalty and civil remedies 3.13.9.3.1 Penalty for a violation of subsection 3.13.7.3 Notwithstanding the penalties set forth elsewhere in this Code, the following violations of subsection 3.13.7.3, which occur during sea turtle nesting season: A) 1) setting up of any structures as defined in 3.13.7.3, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned offby 9:00 pm., are subject to the following penalties: First violation: Second violation: Third or more violation: Up to $1,000 fine. $2,500 fine $5,000 fine B) Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation Second violation: Up to $1,000 fine Third or more violation: $2,500 fine More than three violations: $5,000 fine SUBSECTION 3.K. 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 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- Words ~* .... ~ '~ ..... " ............. 6,, are deleted, words underlined are added. 30 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 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 ;~'='~ having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. 3.14.3.4.5. Permits shall only be issued for ATVs 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 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; 3.14.3.4.7Ua~ During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one (1) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the Collier County Natural Resources Department (CCNRD); additional corridors may be approved when appropriate and necessary; a staging area may be approved for large events and 4) except for designated corridors, all motorized vehicles shall be operated below the Mean High Water line (MHW), as generally evidenced by- the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle season. 3.14.3.5. 3.14.3.5.1. 3.14.3.5.2. 3.14.3.5.3. 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 pernfitted 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: 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. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. All vehicles shall be equipped with large pneumatic tires :~n ~,~,4 ......... u~ having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as Words strucl: t~rc, ug?~ are deleted, words underlined are added. 31 established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. 3.14.3.5.4. Permits shall only be issued for ATV's 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. 3.14.3.5.5. 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. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment until after the beach has been monitored; 3) one (1) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the Collier County Natural Resources Department (CCNRD); additional corridors may be approved when appropriate and necessary and 4) except for designated corridors, all motorized vehicles shall be operated below MHW , as generally evidenced by the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle 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 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) Evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies. Words ~+ ........... us,. are deleted, words underlined are added. 32 3.14.3.6.5. 3.14.3.6.6. 3.14.3.6.7 3.14.3.7. 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. All vehicles shall be equipped with large pneumatic tires :"n~a ......... ~'~- having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. When not in use all vehicles shall be stored off the beachi se-aso~During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) consistent with sec. 3.13.7.3, there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment until after the beach has been monitored; 3) one (1) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be established by the Collier County Natural Resources Department (CCNRD); additional corridors may be approved when appropriate and necessary and 4) except for designated corridors, all motorized vehicles shall be operated below MHW, as generally evidenced by the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle season. Tire tread identi(ications: All rear tires shall be marked with raised metal lettering (minimum V2 inch thick attached to the raised tread of the tires) in order that field identifications can be made when vehicles are used on the beach. This identification shall be required for all new vehicle on the beach permits issued for ATV's and for all vehicles using the beach during sea turtle season. Sec. 3.14.5. 3.14.5.1. 3.14.5.2. 3.14.5.3. 3.14.5.4. 3.14.5.5. Beach raking and mechanical beach cleaning. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is veq~fir-ed, obtained. Beach raking and mechanical beach cleaning o~-~'~ ~- .... ~':=~' '~ ........... o .....must comply with the provisions of section 3.14.6 of this division. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed one inch, in order to avoid a potential increase in the rate of erosion. In cases where the one-inch depth is not sufficient, a maximum depth of two inches, as allowed by the department of natural resources, will be permitted where approved in writing by the development services director. Heavy equipment shall not be used to conduct beach raking and mechanical beach cleaning. Lightweight vehicles having wide, low profile, low pressure tires shall be used to conduct beach raking and mechanical beach cleaning operations. Words struck thrv, ugh are deleted, words underlined are added. 33 Sec. 3.14.6. 3.14.6.1 3.14.7. 3.14.7.1. 3.14.7.2. 3.14.7.3. Operations of vehicles on the beach during marine turtle nesting season. The operations of motorized vehicles, including but not limited to and self- propelled, wheeled, tracked, or belted conveyances, shall-be is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except m-eases for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this division. Permits issued pursuant to this division are not intended to authorize any violation of § 370.12, F.S., or any of the provisions of the Endangered Species Act o f 1973, as it may be amended. All gbeach raking and mechanical beach cleaning during sea turtle nesting season, May 1 to October 31, of each year, shall be confined to the area cf beach ........... j ........................ p ...... must not e n e recom e on of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conse~ation Commission Marine Turtle Permit. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this division are subject to the following penalties: Violations of section 3.14.5., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500 fine per violation. 1. Minor infractions of section 3.14.5 which occur during sea turtle nesting season are subject to up to a $500 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) without required tire tread identification; b) without permit being available for inspection; or c) with improper tire pressure. 2. Major infractions of section 3.14.5 which occur during sea turtle nesting season are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation: Second violation: $1000 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. $2,500 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500 fine per violation. Words struck through are deleted, words underlined are added. 34 3.14.7.4 Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) without required tire tread identification; b) with permit not available for inspection; or c) with improper tire pressure. Major infractions are defined as any activity that may cause harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 p.m. 9:00 pm, or 3) vehicle being operated outside of a designated corridor. Major violations are subject to the following penalties: First violation: $1000 fine. Second violation: $2,500 fine Third or more violation: $5,000 fine SUBSECTION 3.L. 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 Destination Resort Hotel · A means a transient lodging facility where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural or man-made, ~-'~""~;~ ~ ~"~: ....... :":+" including but not limited to: fi) direct access to the Gulf of Mexico, (ii) on-site golf course and golf-related facilities, (iii) health spa and/or fitness center, (iv) other recreational amenities and on-site services, including full dining services and cocktail lounge, ente~ainment rooms for video and movies, and concierge services. Except that, for destination reso~ hotels fronting on the Gulf of Mexico, an on- site golf course is not required. In all cases, a destination resog hotel must include full dining services and a cocktail lounge, and not less than twenty-five(25) percent of the gross floor area must be devoted to common usage and support se~ice ~eas, such as but not limited to fitness room, health spa, media room, meeting rooms, dining and lounge facilities,and spaces in suppo~ of hotel functions. Participant: A person who appears at a hearing examiner proceeding, in person or through counsel or authorized representative and provides legal argument, testimony, or other evidence. A participant is entitled to receive a written notice of the hearing examiner's decision or recommendation. This term includes county staff and the applicant where appropriate. Status as a participant under this Code is not intended to enhance or diminish a person's standing in other legal proceedings, and as such will not alter a person's standing under the common law or other applicable procedural rules for civil, administrative, appellate, or other proceedings. PSI (Pounds per Square Inch): Standard Formula_flor Establishing Ground-to-tire (PSI) Words atruck t~roag~ are deleted, words underlined are added. 35 Formula for establishing a vehicles maximum ground-to-tire pressure in pounds per square inch (psi) for vehicle on the beach and beach cleaning permit conditions (See section 3.14.3): psi= Vehicle weight (lbs) / footprint (in2). Example: 404 lbs (ATV weight) + 200 (person and equipment weight) / 198 inches2 (ATV with a 6"X8.25" foot print X 4 tires) = 3.1 psi Right-of-way: A strip of land, public or private, occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm water drainagev, m-y facility, water main, sanitary or storm sewer main, or for similar special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way, whether public or private, hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. (See division 3.2.) Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. (See division 3.4.) Unauthorized communication: A direct or indirect communication, in any form, whether written, verbal or graphic, with the hearing examiner or the hearing examiner's staff, by any person outside of a public hearing and not on the record, concerning substantive issues in any proposed or pending matter relating to variances, conditional uses, rezonings, or any other matter assigned by statute, ordinance, or administrative code to the hearing examiner for decision or recommendation, except as otherwise permitted. Yard: The required open space, unoccupied and obstmete& unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided, however, that fences and walls may be permitted in any yard subject to height limitations indicated herein. SUBSECTION 3.M. AMENDMENTS TO VARIOUS DIVISIONS OF THE LAND DEVELOPMENT CODE CREATING THE HEARING EXAMINER PROGRAM ARTICLE 1: GENERAL PROVISIONS DIVISION 1.8 NON-CONFORMITIES Sec. 1.8.6. Change in use. If no structural alterations are made, upon application to the planning services director, any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the board ~ ~-; ....... ~° ......... ~ ~,vv ....hearing examiner,mpoa ~;~; ..... ~,~ a .... ~ ........... ;~ a;,~ shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued, and so recommends to the board of county commissioners. In permitting such change, the board af =~-: ....... ~ ....... ~, ~,vv .... hearing examiner may recommend, and the board of county commissioners may require,..appropriate conditions and safeguards in accordance with the intent and purpose of this code. Sec. 1.8.10. Nonconforming structures. Words struck thre. ugk are deleted, words underlined are added. 36 1.8.10.4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes~ or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon ....................................... ~ t- ......... ~, ................... approva o e .............. ~, ,*vt- ..... j ........... hearing examiner. Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may after destruction be rebuilt after de, structie, n to its hhe prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable Building Code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance therefor is obtained from the board of ~rappe{~ hearing examiner. For the purpose of this division, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion, or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion, or replacement shall be presented with each petition. Prior to granting such alteration, expansion~ or replacement of a nonconforming single-family dwelling, duplex or mobile home, thet-.---.....~ ~'~-; ...... ........oo....;~;~- hearing examiner ~ of county commissieners shall consider and base its his or her approval on the following standards and criteria: DIVISION 2.2. ARTICLE 2: ZONING ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS 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. 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. (3) 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. Words struck t5ro'agb, are deleted, words underlined are added. 37 (4) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. (5) The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined ~ ........ e,,-vv .... during the conditional use process. (6) 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) nnua , a --,~ .... -,- -~-,--,s, -vv-,-~o conditional uses for tour operations, ~ _ , ........ j shall be reviewed by the hearing examiner. If during the review, at an advertised public hearing meeting the requirements of section 2.7, it is determined ,,.~ .................. s, -m, .... that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, then the hearing examiner will recommend to the B10oard of ~ county commissioners may that it rescind the conditional use at an advertised public hearing meeting the requirements of section 2.7. Sec. 2.2.23. Airport overlay district (APO): special regulations for specified areas in and around the airports in Collier County. 2.2.23.3.3. Variances. Any person desiring to erect or increase the height of any structure or use his property not in accordance with the regulations prescribed in this ^~'~: ..... Code may apply to the r~,~ ~, 7~;~ ^ .... ,~ ......................... e,, ,t,~' .... hearing examiner for a variance from such regulations pursuant to Section 2.7.5. of this Code, except for provisions herein or by Chapter 333, F.S., that are not variable. Sec. 2.2.24. Special treatment overlay district (ST); special regulations for areas of environmental sensitivity and lands and structures of historical and/or archaeological significance and the Big Cypress Area of Critical State Concern. 2.2.24.5. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST or ACSC-ST, the property owner or his legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be, by ................. j .................. as provided in section 2.2.24.6. 2.2.24.6. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 2.2.24.6.1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the de,ve, topmem planning services director and appropriate county staff. The preapplication conference is for the purpose of guidance and information, and for insuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alteration or site development approval will be accepted for formal processing until the devet~pme~ planning services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate. Words struck through are deleted, words underlined are added. 38 2.2.24.6.2. 2.2.24.6.3. Review and recommendation by~,.r~ .... v,.~,~.,,,~,,t ...... planning services director, _~ ..... ; ........;.,~; ....... : ........t ~.~.,: ..... ~.~a decision by hearing examiner. The site alteration plan or site development plan shall be submitted to the ~ planning services director who shall have it reviewed by the appropriate county staff. The~ ~ ..... ~.~..~..~ ..... * planning se~ices director shall then forward the site alteration plan or site development plan and the county staff recommen a onsto er ......... e ................................................ ~,~ r~ ~ m he~ing examiner for review and ........ .................... a final determination by the hearing examiner within thirty (30) days. planning .... ;~o; ...... ~ ~ Ao .... ; ..... ~U reco ..................................................... final ~*:~ Final action by board,vAt ~-,-.~ ............... ,~,.,,.,.~,,..,:~; ..... ~. Final action on the site alteration plan or site development plan lies with the ~.~.a _~ ..... , ...... ;~; ..... hearing examiner as action on an administrative matter. The bcard hearing examiner shall review the proposed site alteration plan or site development plan ia t~g~gar-s~M~and shall act formally by r-esotmio~ a written decision stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or development plan. Sec. 2.2.26. Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO): special conditions for the properties abutting Golden Gate Parkway east of Santa Barbara Boulevard as referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan. 2.2.26.3.14. Variance request. Owners of isolated lots, as of February 5, 1991, (The Adoption of the Golden Gate Master Plan), may petition the ~.^~a ^c ~; ....... ~ hearing examiner for a variance from the standards in this district as will not be contrary t__o 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. The procedures and standards for granting such variance shall be similar to those set forth in section 2.7.5.6 and the following: The variance shall not confer on the petitioner special privileges denied to others in the same zoning district; the variance shall not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare; and the variance shall be the minimum variance that makes possible a reasonable use of the land, building or structure. Sec. 2.2.28. Immokalee Overlay Districts. 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 hearing examiner 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. 2.2.28.4.3.2. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the ~.~.~a ~c .~.; ....... ,o .............. ~ -vv ....hearing examiner 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. Sec. 2.2.32. Santa Barbara Commercial Overlay District (SBCO). Words struck through are deleted, words underlined are added. 39 2.2.32.3.14. Variance request. Owners of property within the Santa Barbara Commercial Overlay District may petition the board of zoning appeals hearing examiner for a variance from the standards in this district (Sec. 2.2.32.3.1. and Sec. 2.2.32.3.4- 2.2.32.3.13) 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. The procedures and standards for granting such variances are as set forth in section 2.7.5.6. of this code. Sec. 2.2.33. Bayshore Drive Mixed Use Overlay District. 2.2.33.12 Parking Standards 10. Shared parking requirements shall be consistent with those provided in subsection 2.3.4.11.2.c. of the code except that the planning services department director can approve or deny requests instead of the hearing examiner board of ....... ~, ,,~,~ ...... t~ ......... ~, ................Shared parking spaces can be separated by Bayshore Drive provided the two properties are located within the BMUD. 2.2.33.20 Special conditions for marinas Height of structures may be increased to a maximum height of 50 feet by thc *'~'~ ~c ,_~; ....... ~o m~7 ^ ~ upon approval of a variance petition. ~he-BZ-A--r4 In addition to the findings in section 2.7.5, the hearing examiner shall consider whether or not the literal interpretation of the provisions of this zoning code impose a financial hardship on the applicant. DIVISION 2.3. OFF-STREET PARKING AND LOADING Sec. 2.3.4. Off-street vehicular facilities: design standards. 2.3.4.11. Locational requirements. 2. Exemptions to locational requirements: c. Parking exemption. The ~'~ ~c ~; ....... ~ ............. ~, ,,t~ .... hearing examiner, after review and recommendation by the ~ ~--: ...... ;°°;"~ county staff, may approve a parking exemption under the following circumstances: (1) The permitted use and the proposed off-site parking lot are separated by a collector or arterial roadway; (2) The lot proposed for off-site parking is not zoned commercial; (3) Shared parking, in which two or more permitted uses utilize the same, or a portion of the same required parking. Words struck through are deleted, words underlined are added. 4O (4) Parking reservation, in which the petitioner believes that the number of required parking spaces is excessive and wishes to reduce the number of parking spaces required to be constructed, while reserving the land area for future parking spaces if determined necessary by the planning services director, or the ~.~n~a ~C ~.; .......~o .............. S ,wv .... hearing examiner. The -' ~"": ...... v ......... e ............... hearing examiner ......... ~, ,,er .... shall consider the following criteria for the approval of a parking exemption: Sec. 2.3.16. Off-street parking and stacking: required amounts. Minimum off-street parking space requirements are set forth below. Where stacking is required, the amount listed does not include the first vehicle being serviced (for drive-in windows, stacking starts ten feet behind the middle of the pickup window) and is computed at 20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking for one lane may be reduced if the reduction is added to the other lane(s). Child care/day nursery/ adult day care center Church/house of worship/temple/ Synagogue 1 per employee of the largest workshift plus 1 space for every 10 children/adults. In addition, adequate dropoff and pickup areas shall be provided. 3 for each 7 seats in chapel or assembly area. Other uses are not counted except for residential uses. A reduction of this standard to a minimum of 1 space for each 4 seats, may be applied for in conjunction with an application for a site development plan, through the ~.~,,,,,~ ,~,Ac -~.~,,~-e,'~-;" ~ appeab hearing examiner after review and recommendation of the ~ ~ ~ "": ...... ; o o: ~. county staff. This reduction will only be allowed for expansion created by congregational growth, for existing church buildings where the applicant can demonstrate a significant hardship exists. DIVISION 2.4. LANDSCAPEING AND BUFFERING Sec. 2.4.5. Minimum landscaping required for vehicular use areas. 2.4.5.1. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling units, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the ~oard of z~d~grappeats hearing examiner as an appeal of an administrative matter o~ ,.,~ .......... Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off:street vehicular facilities shall be required. Where a conflict exists between the strict Words struck throug~ are deleted, words underlined are added. 41 application of this division and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this division shall apply. DIVISION 2.5. SIGNS Sec. 2.5.5. Permitted signs. 2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following: One ground sign with a maximum height of 6 feet or wall "For Sale," For Rent," or similar sign, with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right- of-way, provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) One ground sign with a maximum height of 8 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) One pole sign with a maxinmm height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess ten acres in size. Real estate signs shall not be located closer than 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of z,mmg appeals hearing examiner through the variance process. 2.5.5.2. Signs within non-residential districts: 2.5.5.2.3. Real estate signs: The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign with a maximum area of twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) One ground sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. Real estate signs shall not be located closer than 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may Words struck thru, ugh, are deleted, words underlined are added. 42 not allow the location of the sign 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the ~..~.a,,..,~., ,~-~ ,-,~-,-~,~^";"" appeals hearing examiner through the variance process. Sec. 2.5.11. Variances. The hearing examiner, board,~^t -~,~,--e,'~-;"" appeals based upon the evidence given in public hearing, and the findings of the planning commission hearing examiner should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of section 2.7.5. or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and procedures set forth in section 2.7.5 of this code. In granting any variance, the board of zoning~,m,,,,,~,o'~ hearing examiner may prescribe the following: Appropriate conditions and safeguards in conformity with this code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this code. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. DIVISION 2.6. SUPPLIMENTAL DISTRICT REGULATIONS Sec. 2.6.10. Locational restrictions for businesses serving alcoholic beverages. 2.6.10.1.1. No such use shall be located within 500 feet of any established elementary, middle or high school, child care center, public library, church, public park, or public playground, unless a waiver of said distance requirement is granted by a ............. e, -,~,v ............... the hearing examiner pursuant to section 2.6.10.3. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2.6.10.3. hearing exarmner ............. ~, .....~o Waiver of distance requirement. The ' · ~.~a ~ ~.;_~ ~'vv .... may, ~'=J ...... ~o~,=,,~,,,""; ~- grant _a waiver of pa~ or ~1 of the minimum distance requirement set fo~h in section 2.6.10. if it is demonstrated by the applicant and determined by the hearing examiner board "r ~"~; ....... ~ ......... ~ ~ .... that the site proposed for the sale and consumption of alcoholic beverages is sep~ated from an established business whose primly function is the sale of alcoholic beverages for consumption on premises, school, child care center, public library, church, public park or public playground by natural or manmade bound~ies, structures or other features which offset or limit the necessity for such ~nimum distance requirement. The hearing examiner's ba~d Cf ~-' ....... ~'~ z~..:.~ .vv .... decision to waive p~ or all of the dist~ce requirement shall be based upon the following factors: 2.6.10.3.1. The nature and type of natural or manmade boundary, structure or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park or public playground which is determined by the hearing examiner ~,^~,a ~ ~_; ....... ~ .............. ~, -vv .... to lessen the need for the total 500-foot distance requirement. Such boundary, structure or other feature may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. Words ~* .... ~.a. .....k ............. ~,, are deleted, words underlined are added. 43 2.6.10.3.4. Prior to consideration of such waiver by the hearing examiner ~,~.a~,.,,..,~ ,..~c -~,~--,~="":". ~, the applicant shall provide to the planning services director a written application for waiver of the distance limitation on an application form supplied by the planning services director, including a legal description of all applicable structures with a survey or boundary sketch to scale, and such other information which the applicant can supply which would assist the he~ing examiner bared cf ~ in ~ his ev~uation pursuant to the factors set forth above. Upon receipt of the applicant's application and the applicable application fee established by the hearing examiner board ~ ..... ~ ...... :~: ..... ........ ~ ................... a public he~ing date shall be scheduled before the hearing examiner ~"a .............. ~v ~.: ....... e -vv~o~° for a determination on the proposed waiver. The applicant shall notify, by certified mail, the owners or representatives of the subject school, child c~e center, public library, church, public park or public playground, of the application at least 15 days prior to the public he~ing; and evidence of such notification shall be supplied to the planning se~ices director. Sec. 2.6.21. Dock facilities. 2.6.21.3. Dock facility extension; boathouse establishment criteria. Additional length/protrusion beyond said respective distances specified in section 2.6.21.2.1 and 2.6.21.2.2 for dock facilities; and all boathouses, regardless of the extent of the protrusion into the waterway or the width of the waterway, shall require public notice and a hearing by the '~":~- r~ ....,.. t,~..:.~ r~;oo:~, hearing examiner. As to any boat dock extension petition upon which thev----,-6-'~-":-~ cammisgian he~ing examiner takes action, pursuant to section 5.2.11 5.5.5 of this Code, ~ aggrieved petitioner or adversely affected property owner may appe~ such final action as set fo~h in section 5.5.6. to 'h~ ~..a ~ .~.: ....... lo ~ ............. s -vv .... may a ....., .......................... , ....... , ~, reverse cow. mission he~ing examiner shall base its his or her decision for approval, approval with conditions, or denial, on the following criteria: 2.6.21.3.3. If deemed necessary based upon review of the above criteria, the hearing examiner may impose such conditions upon the approval of an extension request it deems as necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four inches. 2.6.21.3.11. If deemed necessary based upon review of the above criteria, the planning commigsic, n hearing examiner may impose such conditions upon the approval of an extension request4{ he or she deems as necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), provision of light(s), additional reflectors, or reflectors larger than four inches, and prohibiting or permitting mooring on the outside of the dock facility. 2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure built on a dock, may be approved by the hearing examiner using the same procedures described in section 2.6.21.3; however, the criteria in section 2.6.21.3. shall apply only to simultaneous application for both a dock extension and a boathouse. In cases where the boathouse is to be constructed on an existing, legally permitted, dock, these criteria shall not apply since the dock itself is already in compliance with the code. In all cases, the following additional criteria shall apply to Words struck through are deleted, words underlined are added. 44 boathouses, and all of these criteria must be met in order for the hearing examiner to approve the request · Sec. 2.6.27. Cluster development. 2.6.27.4.6. Additional reduction to development standards for common architectural theme projects. Additional reduction to the development standards provided at sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be approved ~ Countyto,~,,,,,~,~: ...... ,,,,,,,,oo~,,,;°~;~ for projects defined as common architectural theme projects. In determining whether or not a project qualifies as a common architectural theme project, and if so, the amount of the reduction to development standards which may be approved, the hearing examiner must find and the board of commissioners shall determine that all of the following design features are incorporated into the project: Sec. 2.6.28. Automobile service stations. 2.6.28.4. Waiver of distance requirements. The hearing examiner ~'~-~'~ ~c ,^~: ....... ~o may, by r ........... grant a waiver of part or all of the minimum separation requirements set forth in section 2.6.28. if it is demonstrated by the applicant and determined by the hearing examiner bc~ar~ ~ ~-~: ....... ~ ......... ~ ,~m, .... that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such ~nimum distance requirements. The hearing examiner's ~ ~r ~: ....... ~ ............. ~ -vv .... decision to waive p~t or all of the distance requirements sh~l be based upon the following factors: 2.6.28.4.2. Additional conditions. The hearing examiner beard,,,-~' ,~.,--.6'~": ....... -vv,~,~o~° shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the automobile service station with the surrounding area and the goals and objectives of the Growth Management Plan. Sec. 2.6.35. Communications towers. 2.6.35.6.26 Additional findings for variance and conditional use applications. In addition to the findings for conditional use applications and variance applications as required in sections 2.7.4 and 2.7.5 respectively of this code, the following additional findings shall be made by the Collier County ~ ~-: ...... :~°:~- v ......... ~, ............... hearing examiner or the board of county commissioners, as may be applicable when considering such applications: Division 2.7. Zoning Administration and Procedures Sec. 2.7.2. Amendment procedures. 2.7.2.1. Purpose and intent. This zoning code and the official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows: 2.7.2.2. Initiation of proposals for amendment. A zoning amendment may be proposed by: 2.7.2.2.1. Board of county commissioners. 2.7.2.2.2. Planning commission. Words struck ~' ..... ~' ...... ~. are deleted, words underlined are added. 45 2.7.2.2.3. Board of zoning appeals. 2.7.2.2.4. Any other department or agency of the county. 2.7.2.2.5. Any person other than those listed in subsections 2.7.2.2.1--2.7.2.2.4 above; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear in each application. All proposals for zoning amendments shall be considered first by the planning commission or hearing examiner in the manner herein set out. All proposals for zoning amendments shall be submitted in writing to the office of the d~,~dopme~ planning services director accompanied by all pertinent information required by this zoning code and which may be required by the planning commission or hearing examiner for proper consideration of the matter, along with payment of such fees and charges as have been established by the board of county commissioners. No application for zoning amendment shall be heard by the planning commission or hearing examiner until such fees and charges have been paid. Sec. 2.7.4. Conditional uses procedures. 2.7.4.1. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this zoning code. All petitions for conditional uses shall be considered first by the ,n,,; ...... ;o~:^, hearing examiner in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. 2.7.4.2. Written petition. A written petition for conditional use shall be submitted to the dovetopmem~ planning services director indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the board of z~ county commissioners must make under section 2.7.4.4. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this zoning code, will be consistent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material shall include, but is not limited to, the following, where applicable: 2.7.4.3. Notice and public hearing. Notice and public hearing by thet,,~,,l,l,~,s-'~--:-~ commission hearing examiner and the board of ir~nk, vg-appea~ county commissioners shall be as provided for under subsection 2.7.2.3.2. All testimony given shall be under oath and the action by the board of county commissioners shall be quasizjudicial in nature. 2.7.4.4. Findings. Before any conditional use shall be recommended for approval to the board of z~ county_ commissioners, the t,-~,l~,~~'~"": ...... ,,,~,~oo~,~,;~o;~ hearing examiner shall make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: Words struck through are deleted, words underlined are added. 46 2.7.4.5. Conditions and safeguards. In recommending approval of any conditional use, the planning ccmmissie, n hearing examiner may also recommend appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning code. 2.7.4.5.3. 2.7.4.6. 2.7.4.7. 2.7.4.8. Sec. 2.7.5. 2.7.5.1. The board of~ county commissioners may grant a maximum of one one-year extension of an approved conditional use upon written request of the petitioner following recommendation of the hearing examiner. Denial. If thev-,,----~,-~""; ...... .~.,,,,,,oo,,,,;°°;~" hearing examiner shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 2.7.4.4 or such of them as may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. Status of,. -~ ......... .... ;"6~ ~ .... .............. ;°~;-~ hearing examiner report and recommendations. The report and recommendations of the t~ ......... ~, ............... hearing examiner required above shall be advisory only and shall not be binding upon the board of county commissioners ~di~g~appea~. Board of ~ ......6 w,,. ....county commissioners action on hearing examiner report. Upon receipt of the _,.__: ~, ......... ~, ................ hearing examiner's report and recommendations, the board of e:oi~rg-appf~ county commissioners shall approve, by resolution, or deny a petition for a conditional use. Action on :Fthe approval of a conditional use petition shall will require four affirmative votes of said board. Variance procedures. Purpose. In specific cases, variance from the terms of this zoning code may be granted by the hearing examiner where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the zoning code would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. The ~'""'a ~,r ~^-; ....... ~ ~'"~ ..... **'" gi ............. ~ --vt ......... t~ ....... evidence ven in public hearing~ and the findings and conclusions of the~m"--;-~.,.....,s r,~;~o;~_.~,~..~.,.oo.,~, hearing examiner should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section. 2.7.5.4. Notice of ,~t~,,,,,,~;'~ ,~,,,~,,~o,~,,,"' ..... ;~:~ hearing examiner public hearing. Notice of public hearing before the r~;~, r,^~:~o;~ · ......... ~, .............. heanng examiner is given at least 15 days in advance of the public hearing. The owner of the property for which variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of the public hearing shall be prominently posted on Words struck through are deleted, words underlined are added. 47 the property for which the variance is sought. Notice of 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. Notice of the time and place of the public hearing before the. t~,~:.~ Commission hearing examiner shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300 feet of the property lines of the land for which a variance is sought. 2.7.5.5. .......... 6 ............... Heartng examiner public hearing. The public hearing(s) shall be held by the.D'~--:-~,~,.,..~ t-^~;~o;~..~.,..,.oo,.,, hearing examiner. Any party may appear in person, by agent or attorney, or may submit written comments to the ~_planning g__services ~director. 2.7.5.6. di fo i °~'~' ¥ b Fin ngs. Be re any var ance ...... ma board of ~^"; ....... ....... ~ -vv ..... approved the m...;.. .......... ~ ............... hearing examiner ghall will consider and be guided by the following standards in making a determination: 2.7.5.7. Conditions and s uards .................... ~. ~'vv .......... J .......... {The_ -~ ~--; ...... ;~;-- hearing examiner may reeomme~ impose appropriate conditions and safeguards in conformity with this zoning code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the v ......... ~, ............... hearing examiner may r-eeommef~ impose, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. 2.7.5.8. Reco ................ ofdDenial. If the -~""; ...... ;°°;~" hearing examiner recommends denial of denies a variance request, ii the record shall state fully h~ ;,ts record ~t'o the hearing examiner's reason for doing so. Such reasons shall take into account the factors stated in section 2.7.5.6, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. 2.7.5.9. - ~ .... ;'~ ~ hearing examiner report and regoning Status oft ......... 6 commiz~ie, n recommendations. The report,,,,_,~"a ..~,~.,....,~.......~.-~*;~- of the -~ hearing examiner required above shall be final in all cases except those requests for variances which accompany and are a part of a petition for rezoning, in which case the report will be included with the hearing examiner's recommendation for the rezoning request and be advisory only and shall not be binding upon the board of county commissioners Words gtr'.'.ck thro'ag~ are deleted, words underlined are added. 48 2.7.5.11. Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The 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 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 1....;1.4:-~,.,.,~.,e permit(s), inspections and certificate(s) of occupancy as required by the Collier County building code or this code_, and Additionally, no building or land alteration permit application shall be approved by *~'~ ~1~..1.......:~ ..11.~-~. .... v ......... ~ ................ for the land n .... ~ ....., o~a~ unless he~4mtM~,~ a written order from t-he .............. ~, ,~m' ................. of an administrative review of ,h~ .... an interpretation, or variances from the hearing examiner as provided by this code is obtained, or unless ~Jae~m~%q~e-a written order from a court or tribunal o~ of competent jurisdiction is obtained. DIVISION 3.9. Sec. 3.9.6. 3.9.6.4. ARTICLE 3: DEVELOPMENT REQUIREMENTS VEGETATION REMOVAL, PROTECTION, AND PRESERVATION Review Procedures. Exceptions. 3.9.6.4.8. The Collier County planning cow, mission hearing examiner may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. Words struck thr.oagh are deleted, words underlined are added. 49 ARTICLE 5: DECISION-MAKING AND ADMINISTRATIVE BODIES DIVISION 5.1. BOARD OF COUNTY COMMISSIONERS Sec. 5.1.1. Powers and duties. In addition to any authority granted to the board of county commissioners by general or special law, the board of county commissioners shall have the following powers and duties: 5.1.1.1. To initiate, hear, consider and adopt amendments to either, or both the text of-t-he ............. .~ ~ ............. e ........ ~, .... or the ...... ~, ....... code future land use map of the Collier County growth management plan. 5.1.1.2. To initiate, hear, consider, and adopt amendments to either, or both the land development code ~' ...... ,n..~ ........ ~,,.~ r,^,~;~, r, ....... growth ....... s ........ v .... or the official zoning atlas of the land development code. 5.1.1.3. To designate and appoint hearing examiners or officers to make decisions or recommendations as the board may deem appropriate. 5.1.1.4. To act to ensure compliance with development orders or permits as approved and issued. 5.1.1.5. To establish reasonable fees to be paid by applicants to recoup the county's expenses and other costs and to reimburse the county for the administrative time and effort spent in accepting, processing, reviewing, or enforcing development orders, development permits, or any other development approvals or applications. 5.1.1.6. To take such other action not delegated to the planning commission, the board of zoning appeals, the hearing examiner, the building board of adjustments and appeals, or the heads of county departments, county divisions and county sections as the board of county commissioners may deem desirable and necessary to implement the provisions of the Collier County growth management plan, the land development code, and any other legitimate governmental interest. Sec. 5.1.2. Public participation. Participation before Board qf County Commissioners; goning matters. At public hearings on zoning matters including conditional use petitions, any participant or his representative at the proceeding before the hearing examiner will be afforded the right to address the board of county commissioners, but only as to the correctness of findings of fact or conclusions of law contained in the record, or to allege the discovery of relevant new evidence which was not known by the participant at the time of the hearing before the hearing examiner and not otherwise disclosed in the record. The board of county commissioners may, upon approval of a motion, elect to hear testimony or to receive other evidence from persons other than participants or their representatives who appeared before the hearing examiner, subject to the foregoing limitations regarding comments on matters within the written record and new evidence. The board of county commissioners may orally question its staff, its attorneys, and any participant or person who is present about matters contained in the written record and points of law or procedure. DIVISION 5.2. PLANNING COMMISSION* Sec. 5.2.1. Establishment and purpose. There is hereby established a planning commission. Sec. 5.2.2. Powers and duties. The planning commission shall have the following powers and duties: 5.2.2.1. To serve as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. Words struck through are deleted, words underlined are added. 50 5.2.2.2. To prepare or cause to be prepared the Collier County growth management plan or element or portion thereof and to submit to the board of county commissioners an annual report recommending amendments to such plan, element or portion thereof. 5.2.2.3. To prepare or cause to be prepared the land development regulations and code to implement the Collier County growth management plan, and to submit to the board of county commissioners an annual report recommending amendments to the land development code. 5.2.2.4. To initiate, hear, consider and make recommendations to the board of county commissioners on applications for amendment to the text of the Collier County growth management plan and the land development code. 5.2.2.5. To initiate, review, hear and make recommendations to the board of county commissioners on applications for amendment to the future land use map of the Collier County growth management plan or the official zoning atlas of the land development code. 5.2.2.6. 5.2.2.7. To make its special knowledge and expertise available upon reasonable written request and authorization of the board of county commissioners to any official, department, board, commission or agency of the county, state or federal governments. 5.2.2.2. 5.2.2.7. To recommend to the board of county commissioners additional or amended rules of procedure not inconsistent with this division to govern the planning commission's proceedings. 5.2.2.9.5.2.2.8. To perform those functions, powers and duties of the planning commission as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended. 5.2.2. I0.5.2.2.9. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of division 3.2. Sec. 5.2.3. Commission membership. 5.2.3.1. Qualifications. Members of the planning commission shall be permanent residents and qualified electors of Collier County. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning and related fields. Further consideration in the appointment of planning commission members shall be made so as to provide the planning commission with the needed technical, professional, business and/or administrative expertise to accomplish the duties and functions of the planning commission as set forth in this code. The appointment of all members to the planning commission shall be by resolution of the board of county commissioners. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the planning commission. 5.2.3.2. Appointment. The planning commission shall be composed of nine members to be appointed by the board of county commissioners. 5.2.3.3. Initial appointments. Initial appointments to the planning commission shall be made by selection from those members and/or alternates serving on the Coastal Area planning commission and those members and/or alternates serving on the Words :ir'dele t~rc, ug~ are deleted, words underlined are added. 51 Immokalee Area planning commission immediately prior to the effective date of Ordinance 85-51. The board of county commissioners shall designate seven members from the regular members and/or alternates of the Coastal Area planning commission and two members from the regular members and/or alternates of the Immokalee Area planning commission. If, for any reason, there is an insufficient number of regular and/or alternate members from which to designate the membership of the planning commission, the board shall request and accept applications from the general public to complete the initial appointment of members to the planning commission. Initial members shall be appointed and designated pursuant to resolution of the board of county commissioners. 5.2.3.4. Reappointments. All reappointments to the planning commission shall be made so as to achieve the following geographical distribution of membership: One member: County Commission District No. 4. Two members: County Commission District No. 1. Two members: County Commission District No. 2. Two members: County Commission District No. 3. Two members: County Commission District No. 5 (one from Immokalee). Sec. 5.2.4. Terms of office. The initial terms of office of the planning commission shall be as follows: Three members shall be appointed for a term of two years. Three members shall be appointed for a term of three years. Three members shall be appointed for a term of four years. Thereafter, each appointment or reappointment shall be for a term of four years. Each appointment and reappointment shall be made so that the terms of any two members from a single commission district shall not expire in the same year. At the first official meeting of the planning commission, the members of the planning commission shall decide, by mutual consent, and thereafter recommend to the board of county commissioners a term for each of the members that shall address the requirements of section 3.2.3 5.2.3 of this code. After consideration and approval of the recommendation of the planning commission, the board of county commissioners may set forth the recommendation in the form of a resolution. In the event that terms cannot be recommended for any reason, the board shall adopt such resolution as it determines to be appropriate. The resolution adopted by the board shall set forth the date of appointment, term and district for each member appointed. A member may be reappointed by the board of county commissioners for only one successive term, unless there are no other qualified applicants for the member's position. Appointments to fill any vacancy on the planning commission shall be for the remainder of the unexpired term of office. Sec. 5.2.9. Staff. Thecom,,,~ .... .... ;"'j ,~,~ ~ .... ,--m---,-,' ...... planning services division shall be the professional staff of the planning commission. Words struck tkre~ugh are deleted, words underlined are added. 52 Sec. 5.2.11. Appeals. As to any ln--A ........... v ....... t-, ........... vt- ......... action.upon which the planning commission takes final action, an aggrieved petitioner, applicant or an aggrieved party may appeal such final action to the board of county commissioners. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County growth management plan, land development code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The board of county commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the planning commission. Such appeal shall be filed with the ~ planning services director within 30 days of the date of the final action by the planning commission and shall be noticed for hearing with the board of county commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the planning commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. DIVISION 5.3. BOARD OF ZONING APPEALS* Sec. 5.3.1. Establishment and purpose. There is hereby established a board of zoning appeals. Sec. 5.3.2. Powers and duties. The board of zoning appeals shall have the following powers and duties: 5.3.2.1. '-Pr-, To hear, review and approve, approve with conditions, or deny appeals from interpretations made by the ~ planning services director or the long range planning director or administrative decisions pertaining to the growth management plan, the future land use map, the land development code, or the official zoning atlas by the de~cqopmem planning services director or the long range planning director or their designees. 5.2.2.3.5.3.2.2. To make its special knowledge and expertise available upon written request and authorization of the board of county commissioners to any official, department, board, or commission of the county. 5.3.2.4.5.3.2.3. To recommend to the board of county commissioners additional or amended rules of procedure not inconsistent with this division to govern the board of zoning appeals' proceedings. 5.3.2.5.5.3.2.4. To perform those functions, powers and duties of the board of zoning appeals as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may from time to time be amended. Sec. 5.3.3. 5.3.3.1. Board membership. Qualifications. Members of the board of ad3:utmei~ zoning appeals shall be qualified electors in Collier County and residents of the county for two years prior to appointment. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the board of zoning appeals. Words o, .... i... ..... ~. ............. 6,, are deleted, words underlined are added. 53 5.3.3.2. Appointment. The board of county commissioners may appoint a board or boards of zoning appeals for its planning area or areas, or may act as such board or boards of zoning appeals itself. Boards of zoning appeals shall have not less than five nor more than ten members. Not more than two members of a board of zoning appeals may be members of a planning commission. Sec. 5.3.7. Staff. ............. J ...... v ....... planning services division shall be the professional staff of the board of adjustment. Sec. 5.3.8. Quorum and voting. No meeting of the board of zoning appeals shall be called to order, nor may any business be transacted by the board of zoning appeals without a quorum consisting of at least three members of the board of zoning appeals being present. All actions shall require a simple majority of the members of the board of zoning appeals then present and voting ...... r ..... ,~:,:,,~ ..... Sec. 5.3.10. 5.3.10.1. 5.3.10.2. 5.3.10.3. Operating procedures. The board of zoning appeals may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. All meetings and hearings of the board of adjiisimem zoning appeals shall be open to the public. Public hearings shall be set for a time certain. DIVISION 5.5. HEARING EXAMINER Sec. 5.5.1. Office established. Pursuant to the powers set forth in section 5.1.1.3., the office of hearing examiner is hereby established. The hearing examiner shall have the powers and authority set forth in this division. Sec. 5.5.2. Appointment; qualifications. The board of county commissioners shall appoint the hearing examiner, and may, as necessary, appoint any deputy hearing examiners or hearing examiners pro tempore. Such hearing examiners shall hold their positions at the pleasure of the board of county commissioners. Appointment to, removal from, and qualifications for, such offices shall be according to an administrative code specifically covering this subject matter. Sec. 5.5.3. Funding. The board of county commissioners shall establish the office of the hearing examiner and appropriately budget such office annually. Sec. 5.5.4 Conduct of meetingsl reports and records. 5.5.4.1. Rules of procedure. The board of county commissioners shall adopt rules for transaction of hearing examiner business and the hearing examiner shall conduct all required hearings or meetings pursuant to the provisions of applicable regulations and administrative codes of the board of county commissioners. Words ~trucl~ thrc, ugh are deleted, words underlined are added. 54 5.5.4.2. 5.5.4.3. 5.5.4.4. 5.5.4.5. 5.5.4.6. Sec. 5.5.5. 5.5.5.1. 5.5.5.1.1. 5.5.5.1.2. 5.5.5.1.3. Meetings. Meetings for the purpose of holding public hearings shall be scheduled, noticed, and conducted pursuant to any applicable administrative codes and the provisions contained in this Code. Participation before hearing examiner. At a public hearing before the hearing examiner, all persons will be heard as participants. However, the hearing examiner has the right to refuse to hear testimony which is irrelevant, repetitive, defamatory, or spurious, and to establish reasonable time limits on testimony. Reports of decisions. After a public hearing is held, the hearing examiner shall make a written report of his decision in accordance with the rules and procedures set forth in this Code and any applicable administrative code, and provide a copy of the report of decision to all parties of record, including participants, appropriate county staff, including the county attorney and the county manager, and the Board of County Commissioners. Records. (1) The hearing examiner shall provide for a court reporter at all proceedings. At a minimum, a summary of testimonies shall be provided in the report of decision itself or as a separate document in addition thereto. Complete transcripts of the entire record shall be provided only at an appellant's request, and the appellant shall bear the costs thereof. (2) The hearing examiner shall keep indexed records of all meetings, agendas, findings, determinations, and reports of decision. Such records shall be public records. Attendance at hearings. The hearing examiner may request staff members with personal knowledge of relevant facts to attend hearings and produce relevant documents, and shall advise the county manager of any failure to comply with his requests. Functions and authority. Action on administrative matters: Administrative recommendations, hearing examiner decisions. After staff review and written recommendation on an administrative application directed by a specific provision of this Code to be decided by the hearing examiner, a written final decision will be rendered by the hearing examiner within thirty (30) days of such meeting. In reaching his or her decision, the hearing examiner must consider: the criteria for the type of application being requested, in particular, those factors set forth in the recommendation of staff; 2. testimony from the applicant; and 3. testimony from any members of the public. Administrative appeals, hearing examiner decisions. After staff or the planning services director's review and determination on those administrative applications which do not otherwise require a public hearing, but by specific provision of this Code may proceed directly to the hearing examiner for review on appeal, will result in final decision by the hearing examiner within thirty (30) days. Judicial review. Judicial review of final decisions of the hearing examiner with respect to administrative matters are to the circuit court in accordance with sec. 5.5.5.2. 5.5.6. Variances. Words atraclc through are deleted, words underlined are added. 55 5.5.5.2.1. 5.5.5.2.2. 5.5.5.2.3. 5.5.5.2.4. 5.5.5.2.5. 5.5.5.3. 5.5.5.3.1. 5.5.5.3.2. Function. The hearing examiner will hear and decide all requests for variances from the terms of the regulations or restrictions of the zoning code and such other codes or ordinances as may be assigned to him by the Board of County Commissioners, except that no use variance may be heard or considered. Considerations. In reaching his or her decision, the hearing examiner must consider: the criteria for the type of variance being requested, in particular those set forth in section 2.7.5~ Staft recommendations; Co Testimony from the applicant; and Testimony from the public. Findings. Before granting any variance, the hearing examiner must make a finding with respect to each of the criteria set forth in sec. 2.7.5.6. Authori~. The hearing examiner has the authority to grant, deny, or modify any request for a variance from the regulations or restrictions of this Code as specifically set forth in sec. 2.7.5.1.1.; provided, however, that no use variance as defined in this code, or any variance from definitions or procedures set forth in this Code, may be granted. bo In reaching his decision, the hearing examiner has the authority to attach conditions and requirements necessary for the protection of the health, safety, comfort, convenience and welfare of the general public. The conditions or requirements must be reasonably related to the variance requested and conform to the requirements of sec. 2.7.5.7. Variances may be reviewed by themselves or as part of a conditional use petition. All decisions of the hearing examiner concerning variances filed as part of a conditional use petition must be in the form of a written recommendation to the board of county commissioners and follow the procedures for such petitions set forth in 5.5.5.3. and 5.5.5.4. below, as applicable. Judicial review. Judicial review of final decisions of the hearing examiner with respect to variances are to the circuit court in accordance with sec. 5.5.6. Conditional Uses. Function. The hearing examiner will hear and make written recommendations to the board of county commissioners on all applications for conditional uses which may be permissible by the district use regulations set forth in division 2.2., subject to the exemption set forth in sec. 2.7.4.9. Considerations. In reaching his or her recommendation, the hearing examiner must consider the factors and criteria set forth in sec. 2.7.4.4., as well as the following, whenever applicable: do the relevant matters set forth in an applicant's written petition; the testimony of any applicant or agent; the recommendation of staff; and the testimony of the public. Words atraclz t~rv, ag~ are deleted, words underlined are added. 56 5.5.5.3.3. Findings. Before making any recommendation for a conditional use, the hearing examiner must make the findings required by sec. 2.7.4.4. 5.5.5.3.4. Authority. Petitions for conditional uses filed as part of a rezoning will be reviewed and considered as part of such rezoning petition according to the procedures set forth in this Code. 5.5.5.3.5. Review. Review of the hearing examiner's recommendations with respect to conditional uses will be as set forth in sec. 2.7.4.8. 5.5.5.4. Authority of hearing examiner decisions-recommendations. ao The hearing examiner serves in an advisory capacity to the board of county commissioners with respect to those matters set forth in subsection 5.5.5.3. of this section, and in such capacity, may not make final determinations with regard to these matters. bo The hearing examiner may not recommend the approval of a conditional use, and the board of county commissioners may not approve a conditional use, other than the request advertised or published pursuant to this Code, unless the conditional use proposed by the hearing examiner is more restrictive and the uses being approved are less intense and otherwise permitted within the corresponding land use classification as set forth in the growth management plan. Co In reaching his or her decisions, the hearing examiner has the authority to recommend or impose appropriate and reasonably related conditions and requirements to be attached to any request for a conditional use or variance, as may be applicable. 5.5.5.5. Decisions. All decisions of the hearing examiner concerning conditional use matters will be in the form of a written recommendation to the board of county commissioners. Decisions will be delivered or mailed by the hearing examiner to all parties of record, including participants, each individual county commissioner, the county attorney, and the county manager, on the date it is rendered or on the next regular working day thereafter. Except as provided for in section 5.1.2., only a participant or his representative will be afforded the right to address the board of county commissioners at any subsequent hearing considering such recommendations. 5.5.5.6. 5.5.5.6.1. Notice of intent to deny based on insu_fficient in_formation. If the hearing examiner intends to deny or recommend denial of an application described in this section based on the applicant's failure to provide information adequate in scope and detail to address particular issues, he or she may, in his or her discretion, send a notice of intent to deny based on insufficient information to all participants in lieu of a denial or a recommendation to deny the application. The notice must state the issues on which additional information is necessary and must direct the applicant to indicate within ten working days whether he or she intends to provide the information and the date upon which the information will be provided (not to exceed 30 working days). 5.5.5.6.2. If the applicant does not respond affirmatively within ten working days of the date of the notice, the hearing examiner must prepare and submit a recommendation or decision, whichever is applicable, denying the application to the board of county commissioners and all participants. If the applicant does respond affirmatively, the hearing examiner must send a copy of the response to all participants of record along with a notice of a new hearing date, at which time the new evidence will be considered. Words atrucl: thre. ag~ are deleted, words underlined are added. 57 5.5.5.6.3. The applicant must submit all of the new evidence provided in accordance with this section to the zoning staff, who will review it and prepare a supplementary staff report addressing only those issues to which the new evidence is relevant. 5.5.5.6.4. The hearing following the receipt of the new evidence will be limited to those issues to which the new evidence is relevant. 5.5.5.6.5. No applicant will be entitled to more than one notice of intent to deny based on insufficient information. Sec. 5.5.6. Final decision; judicial review. 5.5.6.1. Unless otherwise specified, the decision of the hearing examiner will be final only on administrative matters or variances which are not part of a rezoning or other development approval request which requires final decision by the board of county commissioners. Judicial review of a final decision of the hearing examiner concerning such administrative matters or variances will be in circuit court. Jurisdiction for review of any final decision of the hearing examiner lies exclusively in circuit court. This review may only be obtained through filing a petition for writ of certiorari in accordance with code of laws section 250-60 and pursuant to the Florida Rules of Appellate Procedure. Any such petition must be filed within 30 calendar days after the decision has been rendered. 5.5.6.2. For the purposes of this section, a decision is "rendered" as of the date when it is reduced to writing, signed and dated by the hearing examiner. Decisions will be delivered or mailed by the hearing examiner on the date it is rendered or on the next regular working day thereafter. 5.5.6.3. The person making application to the hearing examiner for any final decision that is entitled to judicial review, is a necessary and indispensable party to any action seeking judicial review. 5.5.6.4. Thissectionis notintendedto preclude actions pursuantto F.S.§70.51 or §163.3215. Sec. 5.5.7. Unauthorized communications with hearing examiner. 5.5.7.1. Definitions. The following words, terms and phrases, when used in this section, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Application and appeal mean any matter lying within the jurisdiction of the hearing examiner and any application for rezoning which will be or is scheduled to be heard by the Board of County Commissioners. Hearing examiner means the county hearing examiner or any member of his or her staff, including hearing examiners pro tempore. Unauthorized communication means any direct or indirect communication in any form, whether written, verbal or graphic, with the hearing examiner, or the hearing examiner's staff, by any person outside of a public hearing and not on the record, concerning substantive issues in any proposed or pending matter relating to variances, conditional uses, or any other matter assigned by statute, ordinance, or administrative code to the hearing examiner for discussion or recommendation, except as may otherwise be permitted in the county administrative code. 5.5.7.2. 5.5.7.2.1. Unauthoriged communications prohibited. No person shall knowingly have, or attempt to initiate, an unauthorized communication with a hearing examiner, including members of the hearing examiner's staff, concerning substantive issues relating to a pending or proposed variance or zoning application. Words gtrucl: thre, ug~ are deleted, words underlined are added. 58 5.5.7.2.2. No member of the board of county commissioners shall knowingly have or attempt to initiate an unauthorized communication with a hearing examiner concerning any substantive issue relating to an application which will be or is currently before a hearing examiner for consideration. 5.5.7.2.3. Neither the hearing examiners nor any member of their staff shall knowingly have or attempt to initiate unauthorized communication with the board of county commissioners concerning substantive issues in an application which will be or is pending for the hearing examiner's consideration. However, the hearing examiners may communicate with the board of county commissioners concerning procedural matters and the administration of their office. 5.5.7.2.4. The hearing examiners shall scrupulously avoid improper influences in their deliberations. They shall not initiate or consider an unauthorized communication concerning a pending application. 5.5.7.2.5. In reaching a decision, a hearing examiner may obtain the written advice of a disinterested expert other than another county hearing examiner or employee of the county (except a member of the hearing examiner's staff) concerning a matter of law, planning, or zoning applicable to a proceeding before him. A hearing examiner must give notice of his or her intention to solicit such advice to all interested participants who appeared at the public hearing personally, by agent or through counsel, or have filed documents or statements in the public record under consideration in the pending matter. Once such advice has been received, the hearing examiner will then forward copies of the written advice received as a result of his request to each participant; and afford all interested participants reasonable opportunity to respond to and rebut the advice on the record prior to rendering his decision. The opportunity to respond may include a noticed public hearing granted at the hearing examiner's sole discretion when a written request for same has been filed with a participant's response demonstrating how a participant may be prejudiced or irreparably harmed if such hearing is not afforded. 5.5.7.2.6. If an unauthorized communication is knowingly made or attempted to be made to a hearing examiner or a member of the hearing examiner's staff, such communication shall be publicly disclosed, placed in the public record, and reported by filing a citizen's complaint with the citizen's complaint division of the county sheriff's department or by filing a complaint directly with the state attorney's office on forms to be made available by the hearing examiner's office. If, in their opinion, the attempted or completed unauthorized communication has prejudiced a hearing examiner's ability to decide a case based objectively and exclusively on the record of public proceedings, the hearing examiner shall immediately recuse himself and abstain from participating in any consideration of the pending matter. Failure to disclose the receipt of an unauthorized communication is a violation of this section and shall subject the hearing examiner or his or her staff to the penalties described in this section. 5.5.7.2.7. Any unauthorized communication received by a member of the hearing examiner's staff concerning a pending matter and prior to the hearing on such matter shall be copied or transcribed, if necessary, and entered into the record of the pending proceedings. Copies of any unauthorized communication shall be furnished to all interested parties of record. In establishing rules of procedure for the hearing examiner's office, the hearing examiner and board of county commissioners shall set filing deadlines prior to each hearing after which no further submittals, except those presented at the hearing, will be included in the public record for consideration by the hearing examiner. Any materials received after this date will be returned. All items submitted for inclusion in the public record within the adopted timeframes must be forwarded to the hearing examiner's office. Items not included in the public record or presented at the hearing will not be considered by the hearing examiner or the board of county commissioners. Words strucl: tPLrat:g~ are deleted, words underlined are added. 59 5.5.7.2.8. 5.5.7.3. 5.5.7.3.1. 5.5.7.3.2. 5.5.7.3.3. Nothing set forth in this section shall prohibit the discussion of any pending or proposed cases or appeals by and between hearing examiners or between a hearing examiner and any employee of the office of the hearing examiner. Penalties. Any person who knowingly makes or attempts to initiate an unauthorized communication to or with a hearing examiner or a member of the hearing examiner's staff, or any hearing examiner or his or her staff who fails to publicly disclose and report an unauthorized communication or an attempt to initiate an unauthorized communication, shall be subject to any, or all, of the following penalties: Criminal penalties. Such person shall be subject to punishment as provided in section 1.9.6 Civil penalties. Such person shall be subject to: ao Revocation, suspension, or amendment of any permit, variance, or conditional use, granted as a result of the hearing examiner action which is the subject of the unauthorized communication. bo Any other relief available at law or equity. Each unauthorized communication or attempt to initiate an unauthorized communication shall constitute a separate offense under the provisions of this section. DIVISION 5.13. Sec. 5.13.2. 5.13.2.1. 5.13.2.2. ENVIRONMENTAL ADVISORY COUNCIL Authority, functions, powers and duties. The EAC obtains its jurisdiction, powers, and limits of authority from the board of county commissioners, hereinafter referred to as the board, and pursuant to this code, shall act in an advisory capacity to the board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the county and the review and evaluation of specific zoning and development petitions and their impact on those resources. The EAC will function to: (1) Advise on the preservation, conservation, protection, management and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to the safety, health and general well-being of the public; (2) Advise and assist the county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources. (3) Provide written and oral reports directly to the board regarding recommendations on matters dealing with the protection of natural resources. (4) Review and recommend stipulations addressing the preservation, conservation, protection, management and beneficial use of the county's physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) for petitions and/or plans for selected development orders, including but not limited to rezones, developments of regional impact, provisional uses, subdivision master plans and planned unit development amendments that are directed to the EAC by ..... · ..... c~ the provisions of this Code. Words struck tkre, ugk are deleted, words underlined are added. 60 5.13.2.3. The powers and duties of the EAC are as follows: (1) Identify, study, evaluate, and provide technical recommendations to the board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in the county. (2) Advise the board in establishing goals and objectives for the county's environmental conservation and management programs. (3) Advise the board in developing and revising, as appropriate, local rules, ordinances, regulations, programs and other initiatives addressing the use, conservation and preservation of the county's natural resources. (4) Advise the board in the implementation and development of the growth management plan regarding environmental and natural resource issues. (5) Advise the board in identifying and recommending solutions to existing and future environmental issues. (6) Serve as the technical advisory committee to advise and assist the county in the activities involved in the development and implementation of the county environmental resources management program as stated in policy 1.1.1 of the conservation and coastal management element of the growth management plan. (7) Implement the water policy pursuant to chapter 90, article II of thig th._q_e code of laws and ordinances, as directed by the board of county commissioners. (8) Provide an opportunity for public comment on environmental issues, ordinances and programs. (9) Implement the provisions of the conservation and coastal management element of the county's comprehensive plan during the review process for development petitions and/or plans. (10) Participate in the review and recommendation process for excavations over 500,000 C.Y., as provided for in division 3.5. (11) Assist in the implementation of any new programs, ordinances and/or policies adopted by the board which deal with the conservation, management and protection of air, land, water and natural resources and environmental quality in Collier County. (12) (lqN. ~,2 (12) Function as an environmental impact statement (ELS) review board pursuant to division 3.8. (-1-4)(13)The EAC shall present an annual report to the board at a regular board meeting in May of each year. The report shall list the EAC's achievements for the prior year, present its objectives for the coming year and highlight environmental issues that need further study. Sec. 5.13.6. Scope of land development project reviews. Words struck through are deleted, words underlined are added. 61 The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 3.8 of the LDC; all developments of regional The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county comnfissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC~for that petition to be reviewed by the EAC. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. Sec. 5.13.7. ~ ~; ....~ ~ ~ ....... ; .....~ ~; ..... , .... . ....: ...... ;"~ +~; ...... ; .....* *~ ...... ~ ill be .... car n , Reimbursement of expenses. Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners. Sec. 5.13.~-8. Review process. This EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every four years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. [Code ch. 2, art. VIII, div. 2]. 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. Words struck through are deleted, words underlined are added. 62 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. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State, except that Section 3.M. of these Land Development Code amendments will not become effective until such date as the Board of County Commissioners may establish by separate resolution passed with at least a four-fifths majority vote. On that resolution's effective date all applications, requests, petitions, or other forms seeking development approval from the county that are deemed sufficient by the County Manager will be considered and reviewed under the regulations set forth in Section 3.M., and the then current Code, ordinances, and laws, except that those projects already heard, or properly advertised to be heard, by the Environmental Advisory Council or Planning Commission, or both, as of the effective date set forth in the above-stated resolution will be heard, reviewed, and considered under those rules, regulations, and procedures in effect immediately prior to said resolution's effective date. Any such project which fails to be fully heard and have a final decision rendered by the County within six months from said resolution's effective date will be deemed denied without prejudice, and will subsequently be considered and reviewed under the then current rules, regulations, and procedures of this Code, and other applicable ordinances or laws. Either the resolution referred to above, or an executed copy, will immediately be recorded by the Clerk of the Board in the Official Records of Collier County, thereafter, a certified copy of said recorded resolution will be forwarded to the Secretary of State for filing. The failure to record or file said resolution will not otherwise act to invalidate or delay the effective date of said regulation. Words struck through are deleted, words underlined are added. 63 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this a{~ day of ~ , 2001. Attest, ~;-~ tO Chat r~an' $ stg ature Onl AT~EST: '~VIGHT E. BROCK, ~LERK - BOARD OF COUNTY COMMISSIONERS C OLL IER COUNTY, F L~A/ BY: ~_ ~ J AM~~"~ ~;-~ 1A,IRMAN Appmyed As To .Form And Legal Sufficiency Marjo~e M. Student Assistant County Attorney H:\ LDC CYCLE I - 2001\LDC ORD CYCLE I - 2001 Words struck t5rv. ugh are deleted, words underlined are added. 64 o 10. COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS Security: Property Owner is responsible for ensuring that adequate security is provided for each Beach Event. Traffic Safety: Authorization from the Collier County Sheriffs office may be required for certain Beach Events. Property Owner is responsible for consulting the Collier County Sheriffs Office to determine whether separate authorization for a particular event is required. Use of Electrical Apparatus: Need to speak with Building Department Signage: Use of signs shall be subject to the provisions of the Collier County Land Development Code. Noise: All music shall be subject to the terms and conditions of Property Owner's Music Permit, which permit may be obtained from Collier County on an annual basis. Restrooms: Existing restroom facilities must be adequate, or additional portable faculties made available and not located on the beach. Vehicles On Beach: Use of vehicles shall be subject to provision of Collier County Land Development Code §3.14. Public Access: Beach Events shall be conducted in a manner that does not interfere with the public' s ability to traverse that portion of the beach owned by the State of Florida. No structures may be set, placed, or stored on, or within ten feet of, any beach dune. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through October 31st of each year): are also subject to the following regulations: mo All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 2.6.34.3. Consistent with section 3.13.7.3, and 3.14.6, no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall .nat commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed Co Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15 foot radius around each sea turtle nest that has been 66 identified and marked on a beach, unless a greater distance is required by an applicable State permit. Do Use of vehicles on the beach is prohibited, except as may be permitted under i-~-Section 3.14.3, 3.14.5, or 3.14.6. Consistent with section 3.13.7.3 all materials placed on the beach for the purpose of conducting permitted Beach Events must be: 1) removed from the beach by no later than 9:30 p.m. the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the annual beach events permit. Fo 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. Go Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in standard condition 10 E, as part of its daily sea turtle monitoring. Ho 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. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to Collier County Natural Resources Department. Note: When a State permit is more restrictive than the LDC requirements, the State requirements shall supersede, and the County shall enforce these requirements. 67 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 and correct copy of: ORDINANCE 2001-34 Which was adopted by the Board of County Commissioners on the 20th day of June, 2001, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of June, 2001. DWIGHT E. BROCK .~ Clerk of Courts an~d .C-l, erk Ex-officio to Board '~f County Commissioner's . Ellie Hof fman, Deputy Clerk By: