Agenda 10/10/2001 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 10, 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
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. An Ordinance amending Ordinance Number
91-102, as amended, the Collier County Land Development Code, which includes
the Comprehensive Zoning Regulations for the Unincorporated Area of Collier
County, Florida, by providing for: Section One, Recitals: Section Two, Findings
of Fact: Section Three, Adoption of Amendments to the Land Development Code,
more specifically amending the following: Article 2, Zoning, Division 2.2 Zoning
Districts, Permitted uses, Conditional Uses, Dimensional Standards, Division 2.7.
Zoning Administration and Procedures; Article 3, Division 3.5 Excavation; and
readopting certain amendments to Division 2.5 Signs, Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land Development
Code; and Section Six, Effective Date.
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
2
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO,
FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS, DIVISION 2.7. ZONING ADMINISTRATION AND
PROCEDURES; ARTICLE 3, DIVISION 3.5 EXCAVATION; AND
READOPTING CERTAIN AMENDMENTS TO DIVISION 2.5 SIGNS,
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend provisions of the Collier County Land Development Code.
CONSIDERATIONS:
This is the first of public hearings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Department
Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and
Technical Advisory Board and the Environmental Advisory Council where applicable.
Recommendations are included in the summary description of the LDC amendments where an advisory
body advocated revisions to the staff recommended changes. The Planning Commission held public
hearings on September 19, 2001 and October 3, 2001. The timing of this executive summary does not
permit staff to include the Collier County Planning Commission's recommendations. They will be
submitted at the Board of County Commission public hearing.
A summary of the review of these amendments by the Development Services Committee,
Environmental Advisory Council and the Collier County Planning Commission is provided with this
Executive Summary.
FISCAL IMPACT:
None
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve amendments to the Land Development Code except
as otherwise modified at this final public hearing all which are described in the draft Ordinance of
Adoption included with this executive summary.
PREPARED BY:
,//SUSAN MURRAY, AICP (~
CURRENT PLANNING MANAGER
DATE
REVIEWED BY:
THOMAS E. KUCK, PE
ACTING PLANNING SERVICES DEPARTMENT DIRECTOR
PROVED BY: /~
JO~N M. DUNNUCK, III, INTERIM ADMINISTRATOR
COdMMUNITY DEV. AND ENVIRONMENTAL SVCS.
g/admin//l:LDC_Amendments\LDC Cycle 2A-SPECIAL-200I\LDC ORD Cycle SPEC1AL_2A-1 .doc
DATE
2001
Memorandum
To:
From:
Date:
John M. Dunnuck, III - Interim Division Administrator
All Planning Services Staff Members
All CDES Directors
Assistant County Attorneys
Donald Blalock - Sr. Tech Support Professional
September 7, 2001
Subject: Cycle 2A - 2001 "Special" LDC Amendment Schedule REVISION
The LDC "SPECIAL" cycle's schedule has been amended. See the changed date and time highlighted in
yellow below.
CYCLE (Il-A) - LDC AMENDMENT
SCHEDULE
Meeting Day Date Time
Staff Amendment Friday July 27th 5:00 p.m.
DSAC Sub-Committee Thursday August 9th 3:00 p.m.
EAC Wednesday September 5th 9:00 a.m.
DSAC Wednesday August 22na 3:00 p.m.
CCPC Friday September 7th 8:30 a.m. (Cancelled)
CCPC Wednesday September 19th 5:05 p.m.
CCPC Wednesday October 3rd 5:05 p.m.
BCC Wednesday October 10th 5105 p.m.
BCC Wednesday October 24th 5:05 p.m.
Community Development & Environmental Services
AC~'.NO A 11 ~
L
AGIEhlOA ITF.~
'r- 2001
0~10
d
A O_~..,t~ A JTE.M
No.,, .. ~._
ORIGIN: Community Development and Environmental Services
AUTHOR:
Susan Murray, AICP, Current Planning Manager
DEPARTMENT: Planning Services
LDC PAGE:
LDC 2.229
LDC SECTIONS; 2.7.2.3.2., and 2.7.2.3.5.
CHANGES:
To amend Section 2.7.2.3 for the purpose of accomplishing the
following objectives:
(i)
(ii)
(iii)
(iv)
(v)
To require properties larger than one (1) acre to pogt a sign with the
minimum area of 32 square feet and to require the applicant to erect the
sign at their cost.
To enlarge the area where property owners are notified by mail from 300
feet to 500 feet fo~!~bj~'~l'~'~5~Peffi6g within the C_ff0~M'~a-l~'~eiit
Pl~:::Urb~:.',d~ '~:~ and from 300 feet to 1,000 feet for those
To reqmre written notices to clearly describe what the rezomng
application purports in the way of proposed uses and relevant development
standards.
To create a new subsection 2.7.2.3.5 requiring applicants to hold a public
informational meeting
submitting an application to Collier County for rezoning and conditional
uses, and establishes procedures to accomplish this objective.
Requires applicants for variances to document contacts with all property
owners within 150 feet of the subject site and property owner associations.
The intent here is that an applicant for a variance will exert a greater effort
to advise nearby property owners concerning the content of the variance.
REASON:
In workshops before the County Board of Commissioners amendments to
the property owner notification standards, pre-application goals to enhance
public participation, and enhanced standards for posting signs on a
property for which an application has been filed have been discussed. It
was the consensus of participants that a greater effort was needed to
adequately involve affected and interested property owners in the process
leading to rezoning, conditional use approvals and various types of
variances. These amendments are in response to that direction.
FISCAL AND OPERATIONAL IMPACTS:
The added costs of notification procedures will be borne by the applicant.
RELATED CODES OR REGULATIONS:
None.
OCT 10 2001
2.7.2.3.2.
Notice and public hearing where proposed amendment 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 planned unit developments~Ch~p~5~ shall be
enacted or amended pursuant to the following public notice and hearing
requirements by the planning commission 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 planning cormnission. The sign to be posted sba!! me~ere at
le~t 1*/a squ~e feet ~.n ~ea and shall contain substantially the following
PUBLIC HEARING TO REZONE THIS PROPERTY
FROM TO
(or where applicable the following:)
PUBLIC HEARING REQUESTING CONDITIONAL USE
(VARIANCE) APPROVAL
(both to contain the following information:)
TO PERMIT:
DATE:
TIME:
(Sufficiently Clear to Describe the Project)
TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER
COUNTY GOVERNMENT CENTER.
The of the signs shall be as follows:
a. For properties less than one (1) acre in size, the sign shall measure at least
1 ½ square feet in area.
b. For properties one (1) acre or more in size, the sign shall measure at least
32 square feet in area.
g3; fin the case of signs located on properties less than one (1) acre in size,
aThe sign shall be erected by the development services director in full view
of the public on each street side of the subject property, said !~.~nd te be
rez~ned. Where the property for which ,-o--~;--~a~,,,,-,,,~l~s sought is
landlocked or for some other reason the signs cannot be posted directly__o_n_the
OCT 10 2001
~l~le~pmp~ ~--'~ +', ~- ....... ,~ 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 subject property, fer wh'~ch
rezemng ,o o^,,,h, um~,.,~ I.~,-,~, ,,,,~,.,-olo ~,f ,.,,-,-,,-,~--*,, ,,,-o ;,-,,,,-,h,,~A
directer o~,~. ...., ....... · .... '-"~"* fi'enta~e ~'~ ma;' ~-o
,.-,A,~o..,,,,+,:,. +,- ~,-,,q--,---., +T, .... 1.,1.1,.,
3. In the case of signs located on properties one (1) acre or more in
size, the applicant will be responsible for erecting the required sign(s). A sign
shall be erected in full view of the public on each street side of the subiect
property. Where the subject property is landlocked or for some other reason
the signs cannot be posted directly on the property, 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 subiect property. One
sign shall be erected at a spacing of one sign for every 500 linear feet of road
frontage and there shall be at least one sign on each fronting road. The
applicant shall provide evidence that the sign(s) were erected, by furnishing
photographs of the sign(s) dated to the time of their erection to the Planning
Services Department at least ten (10) days prior to the scheduled public
heating by the planning commission whichever has iurisdiction.. The signs
shall remain ]n place until the date upon either of the following occurrences:
1. Final action is taken by the Board of County Commissioners or 2. The
receipt of written notification by the Planning Services Department Director
from the applicant requesting to withdraw the petition or requesting its
~. 4. The planning commission shall hold one advertised public heating.
Notice of the time and place of the public hearing by the planning commission
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.
~ 5. Notice of the time and place of the public hearing by the planning
commission 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. Where
applicable, the notice shall clearly describe the land uses that are intended to
be developed, applicable development standards, intensity or density in terms
of total floor area of commercial or industrial space, and dwelling units per
acre for residential projects, and a description of the institutional or
recreational uses when part of the development strategy. The advertisement
A~A ITEJd
OCT I0 2001
shall also include a location map that identifies the approximate geographic
location of the subject property.
~~t'~., 1~ notice of the time and place of the public
heating by the Planning commission shall be sent ~i/~i:~ twice. The
first notice shall be sent no less than 15 days after the receipt by the Planning
Services Department of a sufficient application. The second notice shall be
sent at least 15 days in advance of the hearing. Both notices shall be sent by
mail to all owners of property within 300 500 feet of the property lines of the
~~is sought; provided, however, that where the land for which the
approval rezen~.ng,v."" m rr~. ~ ~_v.._..v..,a"°"* is sought is part of, or adjacent to,
land owned by the same person, the 300- 500 - 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 subject property land cr pLrD fer which rezcn~ng cr
m rr~ .... a,,,~,., ~ ...... h, For the purposes of this requirement, the names
and addresses of property owners shall be deemed those appearing on the
latest tax rolls of Collier County and any other persons who have formally
requested the County to be notified.
apvly, except that written notification must be sent to all property owners
within 1000 linear feet of the sub
~ 8. 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 one time at least 15 days prior to the public
hearing.
~ 9. The clerk to the board of county commissioners shall notify by mail
each real property owner whose land is subject to rezoning, or PUD
amendment, 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. Such notice shall be given at least 15 days prior to the date set for
the public hearing, and a copy of such notices shall be kept available for
public inspection during the regular business hours of the clerk to the board of
county commissioners.
OCT 1 0 2001
9? 10.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.
2.7.2.3.5. Public parttctpatton
1. Applicants requesting a rezoning, PUD amendment, or conditional use
approval shall conduct at least one public informational meeting after a pre-
application meeting and prior to submitting a sufficient application to Collier
County. Written notice of the meeting shall be sent to all property owners
who are required to receive legal notification from the County pursuant to
Section 2.7.2.3.2. Notification shall also be sent to property owner,
condominium and civic associations, and civic organizations whose members
are impacted by land use changes within their general area and who have
formally notified the County of their request to be notified. A notarized copy
of all parties noticed, and the date, time, and location of the meeting, shall be
furnished to the planning services department and the office of the board of
county commissioners no less than 10 days prior to the scheduled date of the
public informational meeting. The applicant shall make arrangements for the
location of the meeting. The location should be reasonably convenient to
those property owners who are required to receive notice and shall be large
enough to accommodate expected attendance. The applicant shall further
cause an announcement of the meeting, its purpose, location, and time to be
placed within a newspaper of general circulation at least seven (7) days prior
to the public informational meeting. The Collier County staff planner
assigned to~.~itt~th~c~re,~'li'~ti0mmee~ng shall also attend the
]fif6rmational meebng and shall serve as the facilitator of the meeting,
however, the applicant is expected to make a presentation of how it intends to
develop the subiect property. The applicant is required
the proceedings of the meeting and to provide a copy 15~'§'~:~ t°''ih~ 'pi'anning
services department.
2. Applicants requesting variance approval or parking exemption
approval shall provide documentation to the planning services department
indicating that property, owners within 150 feet of the subiect site have been
consulted concerning the extent and nature of the variance or parking
exemption requested. Where it has been determined that there is a functioning
property owner, condominium or civic association
th~un~:o~e~requ~!o:~[Bemotifi~d, then the applicant shall provide
written documentation to the planning services department indicating that
these organizations have also been consulted concerning the extent and nature
of the variance or parking exemption requested. The applicant shall provide a
written account of the result of such ~i~[g and shall submit any and all
written communications to the planning serVices department. A written
account of tli~?%~'~ri~, the list of property owner contacts and any other
O£T 1 o 200!
$ LL
written communications shall be submitted to the planning services
department at least two weeks prior to the scheduled date of the first
advertised public hearing.
OCT 1 0 200~
ORIGIN:
AUTHOR:
Community Development and Environmental Services
Susan Murray, AICP, Current Planning Manager
DEPARTMENT: Planning Services
LDC PAGES:
~ LDC 2:250.1
LDC SECTIONS:
CHANGES:
REASON:
~2.7.5.4
FISCAL AND OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None.
2.7.5.4.
Notice of Planning Commission public hearing. Notice of public hearing
before the Planning Commission is g;~ven at least !5 days ;" ad:'~.-nee of the
1
OCT lo 2001
a ...... a?.~rr.e
XT~.+;,-o ,.c ,~o public keaEng .~,,m ~,o prominently pozed on the prope:./fo"
in a newspaper ~,c g
F.Tctice of the t"::~.e and place of the public he~ng befcre
requtrcmcntS o~se~¥i~.5~i~~~,
2
ORIGIN: Community Development & Environmental Services
AUTHOR:
Board of County Commissioners
DEPARTMENT: Planning Services
LDC SECTION: 2.2.14.2.1 and 2.2.15.2.1
LDC PAGE:
LDC 2.50 and 2.53
CHANGE:
1.
To amend section 2.2.12.2.1 Permitted Use s of the C-1 district to provide that
item 2 under this section pertaining to "Automobile parking" specifically does not
allow "tow-in parking lots.
To amend section 2.2.14.2.1 Permitted Uses of the C-3 district to provide that
item 4 under this section pertaining to "Automotive Services" specifically does
not allow "wrecker service ( i.e. towing of automobiles).
To amend section 2.2.15.2.1 Permitted uses of the C-4 district to providethat item
5 under this section pertaining to "automotive repair, services, parking," etc. does
not allow "tow-in parking lots.
REASON;
The Board of County Commissioners determined that these specific uses
were inappropriate in the C-1, C-3 and C-4 zoning districts.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.2.12.2.1. Permitted uses
2. Automobile parking (7521) except for tow-in parking.
Sec. 2.2.14.2.1 Permitted uses
4. Automotive services (7549) except that this shall not be construed to permit
the activity of"wrecker service (towing) automobiles, road and towing service."
Sec. 2.2.15.2.1 Permitted uses
5. Automotive repair, services, parking ( groups 7514, 7515, 7521 except that
this shall not be construed to permit the activity of"tow-in parking lots", and
carwashes ( group 7542, provided that carwashes abutting residentia!_z_0n~ng
districts shall be subject to the following criteria: . ,,~A rrr~
OCT 1 o 200i
ORIGIN: Community Development and Environmental Services
AUTHOR:
Susan Murray, AICP, Current Planning Manager
DEPARTMENT: Planning Services
LDC PAGE:
LDC 2.64
LDC SECTION: 2.2.16.2.1 (Industrial Permitted Uses)
CHANGES:
To amend Section 2.2.16.2.1 Permitted Uses (Industrial District) to
allow a "General Aviation Airport" or a permitted use in the
Industrial zoning district and to permit the operation of a
campground in conjunction with special events at the Airport.
REASON:
Current provisions of the Land Development Code only allow an
airport in the "P" Public Use district. The Immokalee County
Airport is located in an industrial district and currently operates as
a non-conforming use. The Airport has made a considerable
investment in this current location, and expansion plans call for
considerable expansion of this airport facility. The Airport
Authority is also the owner of a considerable amount of land and
they intend to encourage development of industrial type activities
which would further support enhanced airport operations.
Consequently, it is important that the current industrial zoning
district be retained. Therefore, to accommodate the airport's
expansion plans, it is necessary that General Aviation Airports be
allowed as a permitted use in the Industrial district. Additionally
fi.om time to time special event activities related to the airport such
as air shows draw weekend visitors and thus require a recreational
vehicle campground. This is not an unusual characteristic of local
airports.
FISCAL AND OPERATIONAL IMPACTS:
None.
RELATED CODES OR REGULATIONS:
None.
2.2.16.2.1
Permitted uses.
18.
General Aviation Airport which may include for use during
temporary special event activities such as air shows and the like,a
recreational vehicle campground and ancillary support facilities.
-1-9 20.
Gunsmith shops (group 7699) with accessory shootin~.ge.[o_r.~.-.~
testing and training except for outdoor shooting rang~ s.
Heavy construction (groups 1611-1629
I0
OCT 1 0 200!
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian, Ph.D., AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2:152.4-LDC2:173
LDC DIVISION: 2.5.
CHANGE: To readopt the amendments adopted on January 25,2000 relative to provisions of
division 2.5, Signs.
REASON: Procedural errors were noted from a review of the record leading to the adoption by
the BCC of certain amendments to division 2.5, signs on January 25, 2000.
Consequently, it becomes necessary to readopt these same amendments as where
adopted by the BCC on January 24, 2000.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Section 2.5. as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5.
2.5.5.1.
2.5.5.1.1.
Permitted signs.
Signs within residential zoned districts and as applicable to residential designated
portions of PUD zoned properties.
Development standards.
Maximum allowable height. All signs within residential zoned districts and as
applicable to residential designated portions of PUD zoned properties are
limited to a maximum height of eight feet, or as provided within this code.
Height shall be measured from the lowest centerline grade of the nearest
public or private R.O.W. or easement to the uppermost portion of the sign
structure.
OCT 1 2001
Minimum setback. All signs within residential zoned districts and as
applicable to residential designated portions of PUD zoned properties shall
not be located closer than 15 10 feet from the property line, unless otherwise
noted below or as provided for in section 2.1.13.
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 often 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.)
o
One pole sign with a maximum height of-l-5 10 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 -1-5 10 feet from any property
line. In the case of undeveloped parcels where the existing vegetation may
not allow the location of the sign J,-5 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 b~ located closer than
five feet from any property line unless authorized by the board of zoning
appeals through the variance process.
Real estate signs shall be removed when an applicable temporary use permit
has expired, or within seven days of any of the following conditions:
ownership has changed; the property is no longer for sale; rent or lease; or,
the model home is no longer being used as a model home.
o
A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 14 days after it is erected.
2.5.5.1.3.
Model home signs. One on-premises sign for model homes, approved in conjunction
with a temporary use permit in any zoning district not to exceed 32 square feet.
Model home sign copy shall be limited to the model name, builder's name, name and
address, phone number, pr/ce, logo, and model home. Model home signs shall n~
illuminated in any manner (No building permit required.)
2
2.5.5.1.4.
Construction signs. All supports for such signs shall be securely built, constructed,
and erected and shall be located on the site under construction, subject to the
following:
One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within each
front yard for each parcel less than one acre in size. (No building permit
required.)
One ground sign with a maximum height of 8 feet or wall sign, with a
maximum of 12 square feet in size, may be used as a construction sign by the
general contractor of the development or as a permit board, within each front
yard for each parcel one to ten acres in size. (No building permit required.)
One pole sign with a maximum height of 15 10 feet or wall sign, with a
maximum of 64 square feet in size, may be used as a construction sign by the
general contractor of the development or as a permit board, within each front
yard for each parcel in excess often acre in size.
One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction sign by
each contractor, lending institution, or other similar company involved with
the development, regardless of parcel size, (No building permit required.)
2.5.5.1.5.
Residential directional or identification signs. Directional or identification signs no
greater than four square feet in size, and located internal to the subdivision or
development may be allowed subject to the approval of the planning services
director, or his designee. Such signs shall only be used to identify the location or
direction of approved uses such as models or model sales centers, club house,
recreational areas, etc. These signs may be clustered together to constitute a sign
with a maximum area of 24 square feet and a maximum height of eight feet. Such
clustered signs shall require a building permit. For signage to be located a!cne along
the Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
2.5.5.1.6.
On-premises signs within residential districts. Two ground signs with a maximum
height of 8 feet or wall residential entrance or gate signs may be located at each
entrance to a multi-family, single-family, mobile home or recreational vehicle park
subject to the following requirements: Furthermore, bridge signs bridge signs located
on private bridges directly leading to private communities shall not be considered
off- premise signs. Bridge signs complying with the requirements of section 2.5.5.1.6
may be substituted for ground or wall signs in residential districts.
Such signs shall contain only the name of the subdivision, the insignia or
motto of the development and shall not contain promotional or sales material.
3
OCT t0 2001
,2.0 _
Said signs shall maintain a 10 -1-5-foot setback from any property line unless
placed on a fence or wall subject to the restriction set forth in section 2.6.11.
2. The ground or wall signs shall not exceed a combined area of 64 square feet, and
shall not exceed the height or length of the wall or gate upon which it is located.
Logos without any verbal content and similar architectural features less than ten
square feet in area not containing any letters or numbers shall not be considered
signs and shall be allowed throughout the development. However, should such
architectural embellishments be located closer than ten feet to any sign, then it
shall be considered an integral part of the sign and shall be'subject to the
restrictions of this section.
2.5.5.1.7.
2.5.5.2.
2.5.5.2.1.
Conditional uses within the residential and agricultural districts.
Conditional uses within the residential district are permitted one wall sign
with a maximum of 32 square feet. Comer lots are permitted two such wall
signs.
Conditional uses within the agricultural district in the urban area, residential
and estates districts with a street frontage of 150 feet or more and a land area
of 43,560 square feet or larger are permitted a ground sign with a maximum
height of 8 feet with and a maximum area of 32 square feet.
Bulletin boards and identification signs for public, cha~ritable, educational or
religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size. (No building permit required.)
The Board of County Commissioners may approve additional signage as may
be deemed appropriate during the conditional use approval process.
Signs within non-residential districts:
Design criteria and uldnified sign plan. Where multiple on-premise signs are
proposed for a single site or project, or in the case of a shopping center or multi-use
building, a unified sign plan shall be employed. An application for site development
or site improvement plan approval shall be accompanied by a graphic and narrative
representation of the unified sign plan to be utilized on the site. The unified sign plan
must be applied for by the property owner, or his or her authorized agent. The
unified sign plan may be amended and resubmitted for approval to
changes or changing tenant needs. Design elements which shall be addressed in both
graphic and narrative form include:
(a) Colors;
(b) Construction materials and method;
(c) Architectural design;
(d) Illumination method;
(e) Copy style;
(f) Sign type(s) and location(s); and, conformance with the following:
No wall sign shall exceed 80 percent of the width of the unit(s) or the
building occupied by a business with a minimum often percent clear area on
each outer edge of the unit(s)or the building;
T,--, th ...... c.,~,,u; .... ~,,,n,4a~,o and parcels with multiple oh,,,.,
E;+e~j., ,; ,-,, ,-,1,~, ,4 ; ,~ .... ~,mr,-.~lo th,:. ,,n.;~,,~A v;r~', ~,1o-,-, oh.all ,;n~l;,,,..-,+ .... f,.,,.,-,,~
NT ..... 11 Sigrl o1.,.11 ..... ,4 ,~a percent ,.c,h .... ;at,, A~th .... '~{'{0'~ occupied
by a ~-,, ~; ..... z,ith a m/n/mum of ten percent clear "~ea on each outer
edge ,.r,h .... ;,ro~.
All wall signs for multi-use buildings shall be located at a consistent location
on the building facade, except that anchor tenants may vary from this
locational requirement in scale with the anchor's tenant's larger primary
facade dimensions. All signs shall adhere to the dimensions provided for in
the unified sign plan; and
Pole signs shall provide a pole cover no less than 50 percent of the width of
the sign, with architectural design features including colors and/or materials
common to those used in the design of the building the sign is accessory to. A
minimum 100 square foot planting area shall be provided around the base of
any ground or pole sign, consistent with the provisions of division 2.5. of this
Code to,.,, llh,ot-.-.~+l~., 1 g below).
OCT 1 0'2001
J
[ K~ Ib) F-t= I ~ To ~c~ ~o s,~
~ ~ ~ .,.~.
~h I I I
Illustration 16
(Illustration 16 has been deleted)
(k)
(m)
2.5.5.2.1.1.
2.5.5.2.1.2.
The sign shall not be in the shape of a logo and the logo shall not protrude from the
sign.
The use of fluorescent colors is prohibited.
Outparcels.. In addition to the above requirements, unified signs p!m-.s for outparcels,
regardless of the size of the outparcel, shall be limited to the following:
(a)
square .... , .............................. ~ .... g.~ In
addition to ~y wall si~s pe~itted by this Code, outp~cels may by allowed
one additional sixW squ~e feet wall si~ facing the shopping center if the
additional si~ is not oriented towards ~y public right-of-way. In no case the
number of wall si~s for ~ outp~cel c~ exceed 2 si~s; ~d,
(b)
A single ground or pole sign for outparcels having a frontage of 150 feet or
more, not to exceed 60 square feet. Monument signs shall be limited to 4-5 _8
feet in height.
Requests r~,,. ,,,,;,a;,g pe..rmits for pe..m'_m".ent on premise
.... ;tq,~,-1 o;,-,~ ,-,lan ,,,hi,',h ~,holl be kept '--
............................... ~ ....... Pe~ ~Zp~ "
6 ~'-~
OCT IQ 200~
pe~[ts, whether for a new s_n, ~ ............ , ........... , _ .....
2.5.5.2.2. Development standards.
Maximum allowable height. All pole or ground signs within non-residential
zoned districts and as applicable to non-residential designated portions of
PUD zoned properties are limited to a maximum height of 'l § feet when
located alonq an arterial or collector roadway and 12 feet for all other
roads, except as provided in this Code for pole or ground signs for
automobile service stations and outparcels which are limited to a maximum
height of 8 feet; the maximum height for directory signs is limited to 20 feet_.
sccfien. Height shall bc measured from the lowest ccntcrline ~ade of thc
nearest public or private R.O.W. or easement to thc uppc~ost potion of the
si~ s~c~e.
Minimum setback. All pole or ground signs within non-residential zoned
districts and as applicable to non-residential designated portions of PUD
zoned properties shall not be located closer than 15 10 feet from the property
line. Directory signs shall not be closer than 15 feet from the property line,
unless otherwise noted below or as provided for in section 2.1.13.
Maximum allowable sign area: 80 square feet for pole or ground signs
located along an arterial or collector roadway and 60 square feet for all other
roads, 60 square feet for outparcels and automobile service stations and 150
square feet for directory signs.
The location of all permanent pole, ground and directory signs shall be
shown on the landscape plans as required by section 2.4.4.17.
The maximum size limitation shall apply to each structure. Pole or ground
signs may be placed back to back or in V-type construction with not more
than one display on each facing for a maximum of two display areas for each
V-type sign, and such sign structure shall be considered as one sign.
Spot or floodlights shall be permitted only where such spot or floodlight is
non-revolving and said light shines only on the owner's premises or signs and
away from any right-of-way.
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
""-'~A ITF. N
OCT 1 0 2001
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-l-5 10 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 often acres in size.
Real estate signs shall not be located closer than -1-5 1___0 feet from any property
line. In the case of undeveloped parcels where the existing vegetation may
not allow the location of the sign -1-5 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 zoning
appeals through the variance process.
o
o
Real estate signs shall be removed when an applicable temporary use permit
has expired, or within seven days of any of the following conditions:
ownership has changed; or, the property is no longer for sale, rent or lease.
A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 14 days after it is erected.
2.5.5.2.4.
Construction signs. All supports for such signs shall be securely built, constructed,
and erected and shall be located on the site under construction and no closer than -1-5
10 feet from any property line, and subject to the following:
One ground sign with a maximum height of 10 feet or.wall sign, with a
maximum of 12 square feet, may be used as a construction sign by the
general contractor of the development or as a permit board, within each front
yard for each parcel less than one acre in size. (No building permit required.)
One ground sign with a maximum height of 10 feet or wall sign, with a
maximum of 32 square feet in size, may be used as a construction sign by the
general contractor of the development or as a permit board, within each front
yard for each parcel one to ten acres in size. (No building permit required.)
One pole ground sign with a maximum height of-l-5 10 feet or wall sign, with
a maximum of 64 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within each
front yard for each parcel in excess of 10 acres in size.
A(~.,J~A tl'i~.~
OCT 1 ,'1 2001
_.
2.5.5.2.5.
2.5.5.2.5.1.
One ground or wall sign, with a maximum of 4 square feet in size, may be
used as a construction sign by each contractor, lending institution, or other
similar company involved with the development, rega[dless of parcel size.
(No building permit required).
All construction signs must be removed prior to the issuance of a certificate
of occupancy.
On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs,
and mansard signs shall be allowed in all nonresidentially zoned districts subject to
the restrictions below:
Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes,
business parks, or industrial parks having frontage of 150 feet or more on a public
street, or combined public street frontage of 220 linear feet or more for comer lots,
shall be permitted one pole or px'e ground signs. Additional pole or ground signs
may be permitted provided that there is a minimum of a 1,000-foot separation
between such signs, and all setback requirements are met. In no case shall the
number of pole or ground signs exceed two per street frontage. In addition, multiple-
occupancy parcels such as shopping centers, office complexes, business parks, or
industrial parks containing 25,000 square feet or more of gross leasable floor area,
and eight of more independent businesses will be permitted one directory sign with a
max:.mum size el250 square feet for a single entrance on each public street. When
any directory sign is proposed then pole or ground signs shall be limited to the name
and logo of the complex and shall not contain name of any tenant. The directo~ sign
shall contain a minimum of 4 and a maximum of 8 tenant names. The name of
businesses located on outparcels shall not appear of directory signs.
~2.5.5.2.5.1.1 .The minimum ! 5 feet setback requirement may be administratively reduced by a
maximum of ten feet by the planning services director upon submission of the administrative
variance fee and a written request. However in no case shall the required setback be reduced to less
than 5 feet. The planning services director's decision to reduce the required ! 5 feat setback shall be
9
based on the following:
OCT 1~; 2001
2.5.5.2.5.2.
a)
Where it can be demonstrated that within the adjacent right-of-way
the area between the property line and the edge of pavement is
excessively wide and that the actual paved area is unlikely to be
widened to the extent that reduction in the required setback will result
in the sign being any closer than 30 feet to the edge of pavement;
b)
Where due to the existing site conditions and improvements, it can be
demonstrated that adherence to the required minimum required -1-5-
foot setback will have a deleterious effect on the safety of users of the
site from the perspective of vehicular parking and vehicular and
pedestrian ingress and egress;
c)
Where due to the nature and location of existin'g landscape features
and/or specimen trees, it would be prudent to allow for a reduction in
the required setback so as to most appropriately locate the sign
structure; or,
d)
The extent of the reduction is the minimum amount necessary to
provide relief from the applicable conditions cited above.
Maximum allowable height: 20 feet in height, except for directoD' signs
measure r,-,.~ ,ho, ...... + .a,-,+,~,-1;,~a ,-,C+h ....... * public or private
............................. grade
right of way ......... , +^ +,, ........., ~,,...,;,.,,
Th,,, ,-~v;,-~.,-~ ~;~,~, 1;,-~;+.~+;r~,~ o1.,,~11 ~1~, +~ ~q~h ~+~,~+,,~ ~,,~+ O~l~
construction with not more th~ one display on each facing, ~d such si~
stvacmre sha!! be considered as one
Spot "" n,..,,q,;g~,,, o,~,,u ~,o pe.nrnJtted '-"'> .... h ....... h ~.,,., ,.,. n,.,,,~,igh+ ;0
non revolving .,.,a o,,;~ 1;g,,, oh; ..... , .... th,. owner's, premises "" signs
....... r,- ...... ,.; gh+ ,.t ....
Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign
shall be permitted for each single-occupancy parcel, or for each establishment in a
multiple-occupancy parcel. End units within shopping centers, or single occupancy
parcels where there is double frontage on a public right-of-way, shall be allowed two
signs, but such signs shall not be placed on one wall. In addition, ""+"
businesses with a floor area of larger than !5,0~9 25,000 square feet and a front wall
length of more than 200 linear feet, are allowed three wall sis
OCT 10 2001
Pg. ~,~._.~..
2.5.5.2.5.3.
2.5.5.2.5.4.
2.5.5.2.5.5.
combined area of those signs shall not exceed the maximum allowable display area
for signs by this code.
The maximum allowable display area for signs shall not be more than 20
percent of the total square footage of the visual facade of the building to
which the sign will be attached and shall not, in any case, exceed 150 square
feet for buildings or units up to 24,999 square feet, 200 square feet for
buildings or units between 25,000 and 59,999 square feet and 250 square feet
for buildings over 60,000 ........ ,~n square feet in area c ...... ., s:gn.'
Projecting signs. Projecting signs may be substituted for wall or mansard signs
provided that the display area of the projecting sign shall not exceed 60 square feet
of display area.
Projecting signs shall not project more than four feet from the building wall
to which it is attached.
Projecting signs shall not extend above the roofline of the building to which it
is attached.
3. Projecting signs shall not project into the public right-of-way.
Projecting signs which project over any pedestrian way shall be elevated to a
minimum height of eight feet above such pedestrian way.
Under-canopy signs. In addition to any other sign allowed by this code, one under-
canopy sign shall be allowed for each establishment in a shopping center. This sign
shall not exceed six square feet in area and shall be a minimum of eight feet above
finished grade. Under canopy signs do not require a building permit unless the sign
is equipped with an electrical component.
Signage for automobile service stations:
The followings are the only signs allowed in automobile services stations and
convenience stores with gas pumps.
Window signs: ""'" °;~"'° °h .... ;.,. ,h,. ,..,;,~;.,g ..~.~ .... h ..... efcperafien,
emergency +,~l,...h ....... ,. ..... fl ~.~p,~.l .... ~1, ~.o...~o are p,-'-~;**'~'~ as
allowed in section 2.5.6.13 of this code.
2. An illuminated corporate logo with a maximum area of 12 square feet shall
be allowed on a canopy face which is adjacent to a dedicated street or highway.
Otherwise, accent lighting, m'.d back lighting and accent striping are i~ prohibited on
canopy structures.
3. D^~. o; ........ h;*';"-~ h ..........One (1) ground sign shall be permitted
id
are_a.,
for each site and shall be placed within a 200 square foot landscap ...
11
limited so that the top edge of the sign face is less than eight feet above grade.
Maximum permitted area 7-0 60 square feet.
4. !!!,-'-re[hated s Signage, loges, advertising and information are prohibited
above gas pumps.
5. Wall signs: As allowed in section 2.5.5.2.5.2. of this code.
5. Directional signs: As allowed in section 2.5.6.2. of this code.
2.5.5.2.5.8.1.
Political signs. Political campaign signs and posters shall be permitted subject to the
following requirements:
Prior to the erection, installing, placing, or displaying of a political sign a
bulk temporary permit shall be obtained. The permit number shall appear on
every sign or on the pole supporting the sign. The fee for said bulk permit
shall be as adopted by resolution by the board of county commissioners. A
cash bond in the amount of $500.00 shall be posted with the Collier
County Development Services to insure adequate clean up and
removal of all political signs installed under the said permit. This bond
is not intended to replace the applicant's responsibility to remove all
political signs installed under the said permit. The Collier County
Development Services shall return such bond to the permitee if all
signs for the candidate or the issue for which the permit was issued is
removed within seven days after the election. In the case of non-
compliance with the requirements of this Code, the money in its
entirety will be used by the Development Services to take corrective
actions.
Political campaign signs or posters within residentially zoned or used
property shall not exceed four square feet in size, and shall not be located
closer than five feet to any property line. Political signs placed within
residential districts shall require written permission from the property owner.
Political campaign signs or posters will be permitted in all other zoning
districts within a maximum copy area of 40 32 square feet per sign, and shall
be located no closer than -1-5 10 feet to any property line. The number of such
signs shall be limited to one b. vo signs for each lot or parcel per bulk permit
issued for each candidate or issue.
All supports shall be securely built, constructed and erected to conform with
the requirements of this code.
The maximum height of any political campaign sign or poster~2&ept, tho~e :.-~.-.-~
~G~NDA tTF..I~
that may be affixed to a wall, shall be limited to eight feet. ~o..~
22 OCT 10 2001
Political signs shall be erected not more than 60 45 calendar days prior to an
election or political event, and shall be removed within seven calendar days
after the election, event, or after the campaign issue has been decided.
2.5.5.2.5.8.3.
Special events signs. A special events sign not exceeding 32 square feet in size may
be displayed to announce or advertise such temporary uses as fairs, camivals,
circuses, revivals, sporting events, or any public, charitable, educational event. Such
sign shall be located no closer than -1-5 10 feet to any property line. Such signs shall
require a building permit. Such signs shall require a building permit. Special event
signs shall be erected not more than 15 calendar days prior to the advertised event
and shall be removed within seven calendar days after the event has taken place.
2.5.5.2.9.
Special purpose signs (on-site). Due to the unique and varied nature of the following
uses, additional signs may be required to provide the desired level of service to the
public. Special purpose signs shall be permitted as follows:
2.5.5.2.5.9.1.
Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or
other non-residentially zoned property. Such signs may be affixed to the structure of
a pole or ground sign. Such sign shall require a building permit.
2.5.5.2.5.10.
Commercial, business park and industrial directional or identification signs.
Directional or identification signs no greater than six square feet in size, .four feet in
height, and located internal to the subdivision or development, and with a minimum
setback of 10-1-5 feet, may be allowed subject to the approval of the community
development and environmental services administrator, or his designee. Such sign
shall only be used to identify the location or direction of approved uses such as sales
centers, information centers, or the individual components of the development,._
Ddirectional or identification signs maintaining a common architectural theme
maybe combined into a single sign not to exceed six feet in height and 64 square feet
in area. Such signs shall require a building permit. For signage to be located along
the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the
Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the
directional sign area when the said sign is more than six square feet in area.
Directional signs are also subject to restrictions of section 2.5.6.2. of this code.
2.5.5.2.5.11. On-premise signs within agricultural districts in the rural agricultural area designated
on the future land use map of the growth management plan. On-premises signs shall
be permitted within agriculturally zoned or used property, for agri-commercial uses
defined within the Collier County zoning ordinance only, and subject to the
following restrictions:
2.5.5.2.5.11.1.
One pole or ground sign identifying the farm organization, located at the entrance or
gate of each street frontage, and only for permitted agricultur:/1 uses. The maximum
allowable sign area for each pole or ground sign shall not exceed 0~q~!are. f.e._e~t
AC~..~ A IT~.M
OCT 10 2001
with a maximum height of 20 feet, and shall be located a minimum of 15 feet from
any property lines, public or private right-of-way or easement.
2.5.5.2.5.11.1.1. On premise si,,gns within agricultural zoned districts in the urban area shall
comply with the requirements of section 2.5.5.2. of the land development
code.
2.5.5.2.5.11.2.
Seasonal farm signs (on-site). One temporaryvv.~--'-lo ..~.v. ground sign, with a maximum
height of 10 feet, and located a minimum of 10 feet fi.om any property line, public
or private right-of-way or easement, identifying the farm, farm organization,
entrance, or gate not exceeding 40 32 square feet in area. This sign shall be used to
identify temporary agricultural offices so as to expedite the exportation of crops to
various parts of the county. Such signs shall be permitted for a period not to exceed
30 days and may be issued only twice in any calendar year. Such signs shall require a
building permit.
2.5.5.2.5.11.3.U-Pic signs. One U-Pic sign located at the entrance on each street frontage. The
maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet in
area and a maximum height of 10 feet, and shall be located a minimum of-l-5 10 feet
from any property line, public or private right-of-way or easement.
2.5.5.2.5.11.4.
Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard,
canopy or awning signs shall be permitted within agriculturally zoned or used
property, for agri-commercial uses defined within the Collier County zoning
ordinance only, and subject to the following restrictions:
One wall or mansard, canopy or awning sign shall 'be permitted for each
principal use structure on the parcel. Comer parcels or double-frontage
parcels shall be allowed one sign per street frontage, but such signs shall not
be combined for the purpose of placing the combined area on one wall. The
maximum allowable display area for any sign shall not be more than 20
percent of the total square footage of the wall to which it is affixed, and shall
not in any case exceed 250 square feet in area per sign.
2.5.5.2.5.12.
Off-premises directional signs. Off-premises directional signs, are permitted subject
to review and approval of the design and location of such signs by the community
development and environmental services administrator, or his designee, if the
following requirements are met:
Off-premises directional signs shall only be permitted in nonresidentially
zoned, or agricultural districts.
No more than two one sided or one double sided off-premise directional signs
shall be permitted, identifying the location and nature of a building, structure,
or use which is not visible from the arterial roadway servin ~kf~t. bgi!0._igg .....
structure, or uses, provided:
14
~A ITF..~
1. Each sign is not more than 12 square feet in area.
The sign is not more than eight feet in height above the lowest center
grade of the arterial roadway.
3. The sign is located no closer than 4-5 10 feet to any property line.
The applicant must submit with the permit application notarized,
written permission from the property owner where the off-site sign is
located.
The sign shall only be located within 1,000 feet of the intersection of
the arterial roadway serving the building, structure, or use.
Off-premises directional signs shall not be located closer than 50 feet from a
residentially zoned district.
Off-premises directional signs shall not be located closer than 100 feet from
another off-premises directional sign.
Sec. 2.5.6. Signs exempt from permitting.
In addition to those signs identified elsewhere in this code, the following signs are exempt from the
permit requirements of this code, and shall be permitted in all districts subject to the limitations set
forth below:
2.5.6.1.
Signs required to be maintained or posted by law or governmental order, rule, or
regulation.
2.5.6.2.
On-premises directional signs, not exceeding six square feet in area and four feet in
height, intended to facilitate the movement of pedestrians and vehicles within the site
upon which such signs are posted. On-premises directional signs shall be limited to
two at each vehicle access point and a maximum of four internal to the development.
Internal signs are not intended to be readily visible from the road. Directional signs
are also subject to restrictions of section 2.5.5.2.5.10. of this code.
2.5.6.3.
One identification sign, professional nameplate, or occupational sign for each
professional office, or business establishment not to exceed two square feet in sign
area and placed flush against a building face or mailbox side, and denoting only the
name of the occupant and, at the occupant's election, the occupant's profession or
specialty and/or the street address of the premise.
2.5.6.4.
Memorial plaques, cornerstones, historical tablets, and similar types of
commemorative signs when cut into any masonry surface or when constructed of
bronze or other noncombustible materials. '--"~c~,~L~,'~~ ~
2.5.6.5.
"No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided
each sign does not exceed three square feet in size.
2.5.6.6.
One ground or wall "For Sale," "For Rent," or similar sign per street frontage for
each parcel, or lot less than ten acres in size.
2.5.6.7.
One on-premises sign for model homes, approved in conjunction with a temporary
use permit in any zoning district.
2.5.6.8.
One on-premises open house sign not to exceed four square feet in size. Such sign
shall not be located within -1-5 10 feet of any property line, right-of-way or access
easement.
2.5.6.9.
Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not exceeding
12 square feet in size.
2.5.6.10.
Signs located on fences or walls surrounding athletic fields, or within sports arenas,
stadiums and the like, not to exceed 32 square feet in size, per sign. Signs shall be
oriented along the fence or wall to face the field(s) or playing area, and away from
any adjacent public or private roads.
2.5.6.11.
2.5.6.12.
Traffic control and safety signs or other municipal, county, state or federal signs,
legal notices, railroad crossing signs, danger signs and such temporary emergency
signs when erected by an appropriate authority.
Window merchandise displays which are changed on a regular basis, meaning no
less frequently than every 30 days.
2.5.6.13.
Non-electrical, non-illuminated and non-reflective --Wwindow signs not exceeding
25 percent of each window area.
2.5.6.14.
Signs located at the entrance drive of residences located upon 2.25-acre lots or
greater, displaying the name and address of the resident and not exceeding four
square feet in area.
2.5.6.15.
2.5.6.16.
Flags, or insignias of govermnental, religious, charitable, fraternal or other nonprofit
organizations when displayed on property owned by or leased to said organization.
Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in
height above finish grade or extend more than ten feet from any building they are
attached to, are allowable if the number of flags displayed does not exceed those
described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or
be sealed by a Florida registered engineer as described in section 2.5.5.2.3.8.
Advertising and identifying signs located on taxicabs, buses, trailers, trt
vehicle bumpers, provided such sign does not violate section 2.5.7 of th
16
OCT 10 2001
2.5.6.17.
2.5.6.18.
2.5.6.19.
2.5.6.20.
2.5.6.21.
Sec. 2.5.7.
2.5.7.1.
2.5.7.2.
2.5.7.3.
2.5.7.4.
2.5.7.5.
2.5.7.6.
2.5.7.7.
2.5.7.8.
Religious displays that do not constitute advertising.
Painting, repainting or cleaning without modifying the existing sign copy or design
of an advertising structure, or changes which are determined by the planning services
director to be less than a substantial improvement.
Copy changes for shopping center, theaters, billboards or marquees that have routine
changes of copy, or are specifically designed for changes of copy.
One ground or wall sign may be used as a construction sign by the general contractor
of the development, within each front yard for each parcel less than ten acres in size
Temporary signs in conjunction with an approved temporary use permit.
Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained,
any sign not expressly authorized by, or exempted from this code. The following
signs are expressly prohibited:
Signs which are in violation of the building code or electrical code adopted by
Collier County.
Abandoned signs.
Animated or activated signs, except time and temperature sigfis.
Flashing signs or electronic reader boards.
Rotating signs or displays.
Illuminated signs in any residentially zoned or used district, except residential
identification signs, residential nameplates, and street signs that are illuminated by
soft or muted light. Nonresidential uses within residentially used or zoned districts
by conditional use, PUD ordinance, or as otherwise provided for within the zcn'2ng
ord'~nmnce Land Development Code, shall be allowed the use of illuminated signs,
subject to the approval of the community services administrator or his designee.
Signs located upon, within, or otherwise encroaching upon county or public rights-
of-way, except as may be permitted under the provisions of Ordinance [No.] 82-91,
as amended, and those erected by a governmental agency or required to be erected by
a governmental agency.
Billboards.
17
OCT 1 0 2001
2.5.7.9.
2.5.7.10.
2.5.7.11.
2.5.7.12.
2.5.7.13.
2.5.7.14.
2.5.7.15.
2.5.7.16.
2.5.7.17.
2.5.7.17.1.
2.5.7.17.2.
2.5.7.18.
2.5.7.19.
2.5.7.20.
Strip lighted signs.
Neon type signs, except non-exposed neon signs covered with an opaque or
translucent shield which will prevent radiation of direct light, within all commercial
and industrial districts.
Roof signs.
Portable signs.
Signs which resemble any official sign or marker erected by any governmental
agency, or which by reason of position, shade or color, would conflict with the
proper function of any traffic sign or signal, or be of a size, location, movement,
content, color, or illumination which may be reasonably confused with or construed
as, or conceal, a traffic control device.
Signs, commonly referred to as snipe signs, made of any mate. rial whatsoever and
attached in any way to a utility pole, tree, fence post, stake, stick or any other object
located or situated on public or private property, except as otherwise expressly
allowed by, or exempted from this code.
Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this code).
Any sign which is located adjacent to a county right-of-way within the
unincorporated areas of the county which sign was erected, operated or maintained
without the permit required by section 2.5.12 having been issued by the community
development services administrator or his designee shall be removed as provided in
section 2.5.7. Such signs shall include but are not limited to structural signs,
freestanding signs, [and] signs attached or affixed to structures or other objects.
Any description or representation, in whatever form, of nudity, sexual conduct, or
sexual excitement, when it:
Is patently offensive to contemporary standards in the adult community as a whole
with respect to what is suitable sexual material for minors; and
Taken as a whole, lacks serious literary, artistic, political, or scientific value.
lights.
Any sign which t~ emits audible sound, vapor, smoke, or gaseous matter.
18
Any sign which O o_bstructs, conceals, hides, or otherwise obscures from view any
official traffic or government sign, signal, or device.
OCT Io 2001
2.5.7.21.
Any sign which E employs motion, has visible moving parts, or gives the illusion of
motion (excluding time and temperature signs).
2.5.7.22.
Any sign which I is erected or maintained so as to obstruct any firefighting
equipment, window, door, or opening used as a means of ingress or egress for fire
escape purposes including any opening required for proper light and ventilation.
2.5.7.23.
Any sign which G constitutes a traffic hazard, or detriment to .traffic safety by reason
of its size, location, movement, content, coloring, or method of illumination, or by
obstructing or distracting the vision of drivers or pedestrians.
2.5.7.24.
Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said
sign is intended to attract or may distract the attention of motorists for the purpose of
advertising a business, product, service, or the like, whether or not said vehicle is
parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles,
where a roof mounted sign does not exceed two square feet. This section shall not
apply to magnetic type signs affixed to or signs painted on a vehicle, provided said
vehicle is used in the course of operation of a business, and which are not otherwise
prohibited by this code. It shall be considered unlawful to park a vehicle and/or
trailer with signs painted, mounted or affixed, on site or sites other than that at which
the firm, product, or service advertised on such signs is offered.
2.5.7.25.
Any sign which l~uses flashing or revolving lights, or contains the words "Stop,"
"Look," "Danger," or any other words, phrase, symbol, or character in such a manner
as to interfere with, mislead, or confuse vehicular traffic.
2.5.7.26.
Any sign which advertises or publicizes an activity not conducted on the premises
upon which the sign is maintained, except as otherwise provided for within this code.
2.5.7.27.
No sign shall be placed or permitted as a principal use on any property, in any zoning
district except as follows: U-Pic signs, political signs or signs approved by temporary
permit pursuant to the time limitations set forth herein.
2.5.7.28. Inflatable signs.
2.5.7.29. Accent lighting as defined in this code.
2.5.7.30.
Illuminated signs, neon or otherwise, installed inside businesses and intended to be
seen from the outside
Sec. 2.5.8. Termination of prohibited signs.
All signs expressly prohibited by section 2.5.7. and their supporting structures, shall be removed
within 30 days of notification that the sign is prohibited by the Collier County Code Enforcement
end of the amortization period contained in
Director, or his designee, or, within 30 days of the. .._,_,._.
section 2.5.9. or, in the alternative, shall be altered so that they no longer violate sectio~ 2.5.?,.c~,
19
oct lO 2001
Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be
treated as nonconforming signs and removed pursuant to section 2.5.9.3.
Sec. 2.5.9. Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its provisions shall be
regarded as nonconforming signs.
2.5.9.1.
The following signs, and sign structures shall be removed or made to conform to this
code within 90 days from the effective date thereof.
2.5.9.1.1. Signs made of paper, cloth or other nondurable materials.
2.5.9.1.2. All temporary signs.
2.5.9.1.3. Those signs described in sections 2.5.6.7, 2.5.6.13, 2.5.6.14, 2.5.6.17, and 2.5.6.18.
2.5.9.1.4.
All non-conforming on-premises signs, and sign structures having an original cost or
value of $100.00 or more, and originally built prior to January 1st 1991, which do not
comform to the requirements of the 1991 LDC and all illuminated and/or animated
signs, neon or otherwise, installed inside commercial establishments and intended to
be seen from the outside may be maintained until February 1st, 2003, at which date
all such signs must be made to comply with the requirements of this code or
removed, except as provided below:
2.5.9.2.
Nonconforming off-premises signs. All nonconforming off-premises signs, and sign
structures having an original cost or value of $100.00 or more may be maintained for
the longer of the following periods:
2.5.9.2.1.
Two years from the date upon which the sign became nonconforming under this
ordinance.
2.5.9.2.2.
A period of three to seven years from the effective date of this ordinance, according
to the amortization table below.
Sign Cost/Value
$100.00 to $1.000.00 3
$1,001.00 to $3,000.00 4
Permitted Years from
Effective Date of
this Amendment
2O
,~GE~ ~")A 1TI
OCT 'I ~i 2001
$3,001.00 to $10,000.00 5
More than $10,000.00 7
2.5.9.2.3.
Any owner of an off-premises sign who requests an amortization period longer than
two years shall, within one year from the date of enactment of these regulations,
register the sign with the code enforcement director, or his designee. The following
information shall be provided at the time of registration; the cost or value, whichever
is greater, of the sign; the date of erection; or the cost or value and date of the most
recent renovation; a photograph of the sign or signs and their supporting structure,
not less than five inches by seven inches in size; and a written agreement to remove
the sign at or before the expiration of the amortization period applicable to the sign.
The off-premise sign owner's signature shall be witnessed before a notary public on
all requests for extended amortizations. A registration fee of $50.00 shall be paid at
the time of registration.
Sec. 2.5.10. Continuation of nonconforming signs.
Subject to the limitations imposed by section 2.5.9 of this code, a nonconforming sign may be
continued and ma2,' shall be maintained in good condition for the duration of amortization period as
required by this code, but shall not be:
2.5.10.1.
Structurally or mechanically extended or altered to further the nonconformity, except
in cases where it has been determined that there exists imminent danger to the public
safety.
2.5.10.2.
Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or more
of its replacement value, except in conformity with this code.
2.5.10.3.
A nonconforming permanent on-premises or off-premises sign shall not be replaced
by another nonconforming sign except that substitution or interchange of letters, on
nonconforming signs shall be permitted through the period of nonconformity
established by this code.
2.5.10.4.
Continued in use when any land use to which the sign pertains has ceased for a
period of 90 consecutive days, or has otherwise changed.
2.5.10.5.
Nonconforming status shall not be afforded to any sign erected without the required
permit issued by the county, state, or any federal agency either before or after the
enactment of this code, or to any pre-existing signs which have been illegally
installed, constructed, placed or maintained.
2.5.10.6.
In the case of sign which would be permitted by, and conform to, the regulations of
this code, except that such signs violate the maximum height, minimum_setback from
AG~jCDA ~ 1 o,4
21
OCT I 0 2001
a property line, maximum sign area and other similar development standards, the
planning services director, or his designee, may approve structural alterations upon
written request, provided the sign and or supporting structure is redesigned so as to
remove one or more of the nonconforming aspects of the sign.
Sec. 2.5.12. Permit applications.
2.5.12.1.
General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or
chance change the sign copy (see section 2.5.5. for exceptions) of any sign shall
apply for and receive a building permit in accordance with Resolution 91-642, prior
to the commencement of any work. A building permit will be issued by the
community development services administrator, or his designee, provided that all
permit requirements of the code and all other applicable provisions of Collier
County's ordinances and regulations have been met.
2.5.12.2.
Permit fees. A building permit fee shall be collected pursuant to the fee schedule set
forth by resolution.
2.5.12.3.
Form. Every application for a building permit shall be in writing upon forms to be
furnished by the community development and environmental services administrator,
or his designee.
2.5.12.4.
Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct,
relocate, alter or chance change the sign copy of any sign under the provision of this
code, an applicant shall submit to the building official a building permit application
which shall set forth in writing a complete description of the proposed sign
including:
2.5.12.4.1.
2.5.12.4.2.
The name, address and telephone number of the: (a) owner and lessee of the sign and
(b) sign contractor or erector of the sign.
The legal description and the street address of the property upon which the sign is to
be erected.
2.5.12.4.3. The dimensions of the sign including height.
2.5.12.4.4. The copy to be placed on the face of the sign.
2.5.12.4.5.
Other information required in the permit application forms provided by the
community development and environmental services administrator, or his designee;
including two copies of the site plan, elevation drawings of the proposed sign and
identification of the type, height, area and location of all existing pole signs, ground
signs and directory signs on the subject parcel.
2.5.12.4.6.
Two blueprints or ink drawings, certified by a Florida registered engineer or
architect, of the plans and specifications and method of construction ,,~dattgchment---..~
22
0£T 1 0 '2001
to the building or the ground for all pole signs and all projecting signs; and any
ground sign over 32 square feet.
2.5.12.4.7.
Wall signs, or any separate part thereof, which is to be affixed to a wall shall be
fastened flush with the surface with fasteners which shall have the capacity to carry
the full load of the sign or separate part thereof under wind load conditions of the
approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood
Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch.
22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with
the surface and which weighs more than 20 pounds shall have a Florida registered
engineer design the mounting or fastening system and depict the system on signed
and sealed drawings which shall accompany the permit application.
2.5.12.4.8.
If the sign or sign copy is to be illuminated or electronically operated, the technical
means by which this is to be accomplished.
2.5.12.4.9.
The permit number shall be displayed or affixed at the bottom of the sign face and
shall have the same life expectancy as the sign. Such permit number shall be clearly
legible to a person standing five feet in front of the base of the sign and in no case
shall the permit number be less than one-half inch in size.
2.5.12.5.
Expiration of permit. Building permits shall expire and become null and void if the
work authorized by such permit is not commenced and inspected within six months
from the date of issuance of the permit.
2.5.5.2.1.2.
Adherence to the unified sign plan: Requests for building permits for permanent on-
premise signs shall adhere to the unified sign plan, which shall be kept on file in the
community development and environmental services division. Requests to permit a
new sign, or to relocate, replace or structurally alter an existing sign shall be
accompanied by a unified sign plan for the building or prqject the sign is accessory
to. Existing permitted signs may remain in place; however, all future requests for
permits, whether for a new sign, or relocation, alteration, or replacement of an
existing sign, shall adhere to the unified sign plan for the l~roperty.
Sec. 2.5.13. Enforcement.
2.5.13.1.
General. No sign shall hereafter be erected, placed, altered or moved unless in
conformity with this code. All signs located within Collier County shall comply with
the following requirements:
2.5.13.1.1.
The issuance of a sign permit pursuant to the requirements of this code shall not
permit the construction or maintenance of a sign or structure in violation of an
existing county, state or federal law or regulation.
2.5.13.1.2.
All signs for which a permit is required shall be subject to inspections by the county
manager administrator or his designee. The county mmnager administrator, or his
23
ocl' 1 o 2001
35 .....
designee, is hereby authorized to enter upon any property or premises to ascertain
whether the provisions of this code are being adhered to. Such entrance shall be
made during business hours, unless an emergency exists. The county manager
administrator, or his designee, may order the removal of any sign that is not in
compliance with the provisions of this code, is improperly maintained, or which
would constitute a hazard to the public health, safety, and welfare.
24
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
Community Development and Environmental Services
Susan Murray, AICP, Current Planning Manager
Planning Services
LDC 2.24.2
2.7.3.4
CHANGES:
To amend Section 2.7.3.4 to require PUD's to commence
construction within 3 years as opposed to 5 years of their adoption
date or otherwise be subject to reconsideration.
REASON:
It is the general consensus that five (5) years is too long a period of
time to allow for initial development activity required to retain a
PUD zoning status. Development impacts change on a much
shorter time frame, and therefore, three (3) years was thought to be
a better indicator of the need to initiate development following a
PUD rezoning action or have the status of the PUD made subject to
reconsideration.
FISCAL AND OPERATIONAL IMPACTS:
None.
RELATED CODES OR REGULATIONS:
None.
Sec. 2.7.3.4
Time limits for approved PUD master plans. In the event that a
PUD master plan is given approval, and the landowner(s) shall:
~ m m master v,"lan
t~e
at !e~t five ye~s ef the date ef appreva! by t~e Beard ef
CcunB' Ce~iss~eners; ~d
0ET10 2001
with;.n the pLrD ~ve.~' s;.× years of the date cf approval by the
county board of eorv_-v.;.ss;.cners.
For residential portions of PUD'S the owner entity shall initiate
physical development of infrastructure improvements including
access roads, internal roads, sewer and water utilities and any
other related infrastructure that would allow a minimum of
fifteen (15) percent of the designated residential areas to be
developed with authorized dwelling units immediately
following the third (3) year from its approval date and fifteen
(15) percent every year thereafter.
For the non-residential portions of PUD'S and commercial and
industrial PUD'S the owner entity shall initiate physical
development of a minimum of fifteen (15) percent of
authorized floor area when approved on the basis of a defined
amount of floor space, immediately following the third (3)
year from its approval date. In the event floor area is not the
defining intensity measure then twenty-five (25) percent of the
land area to include some representative portion of building
space shall be constructed immediately following the third (3)
year from its approval date. The same amount of improvement
shall be required every year thereafter up to an amount
representing seventy-five (75) percent of authorized buildable
areas and floor area. Thereafter the PUD is exempt from any.
further sunset provisions.
The project developer shall submit to the development services
director a status report on the progress of development annually
....... ; .... **,~ c,,~,, ,,.~.~ ...... .%~ ,~"*'~ from the date of the
PUD approval by the Board of County Commissioners. The
singular purpose of the report will be to evaluate whether or not the
project has commenced in earnest in accordance with the criteria
set forth above. PUD'S approved prior to the date of these
amended provisions remain subiect to the tolling requirement of
the then five (5) year sunset provision, however, amendments
made thereafter shall be subject to the 3-year sunset. All PUD'S
approved subsequent to this current requirement shall be subject to
the provisions noted above. If in the event of a moratorium or other
action of government that prevents the approval of any final
development order the duration of the suspension of approvals
shall not be counted towards the tolling limitation.
OCT I 0 2001
ORIGIN: Community Development & Environmental Services
AUTHOR: Stan Chrzanowski
DEPARTMENT: Engineering Services
LDC PAGE: LDC3.90
LDC SECTION: 3.5 Excavations
CHANGE: General update of excavation requirements, procedures, and policies to
include procedures for excavations in Estates zoning.
REASON: This change is necessary because Section 3.5 of the LDC has not been
rewritten in over ten years, and many of the procedures are out of date.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
Amend the LDC Code as follows:
Sec. 3.5.1. Title and citation.
This division shall be known and may be cited as the "Collier County Excavation
Regulations."
Sec. 3.5.2. Purpose.
The purpose of this division is to establish a reasonable regulatory framework to regulate
excavations within the County so as to minimize any potentially adverse impacts of the
excavation activity on public health, safety and welfare of the citizens of this County and
its natural resources.
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
as provided herein.
3.5.3.1 Excavations are defined in the definitions section of the ordinance as the removal
of any material to a depth greater than three feet below the existing grade over
OCT 1 o 200t
any area, or one foot below existing grade over an area greater than 10,000 square
feet.
3.5.3.2 Excavations on undeveloped coastal barriers shall be prohibited, except as
specified in section 3.12.8.3.
(Ord. No. 93-37, 3)
Sec. 3.5.4. Exemptions.
The following activities, to the extent specified herein, are exempt from the requirements
of this division, provided that no excavated material is removed off-site, but are subject to
compliance with all other applicable laws and county ordinances:
3.5.4.1
Earth moving in conjunction with any routine maintenance activity which
restores the excavation to the final, and previously excavated, slope and
depth configuration approved by the board, or with the installation of an
underground utility which is to be backfilled. Material generated by this
maintenance may be hauled offsite with administrative staff level approval
if so specified in an approval letter.
3.5.4.2
Foundations of any building or structure, providing the excavation will be
confined to the area of the structure only.
3.5.4.3
Excavations relating to the accessory use of property which by nature are
of limited duration and designed to be filled upon completion, (i.e., graves,
septic tanks, swimming pools, fuel storage tanks, etc).
3.5.4.4
The regrading only of any property for aesthetic purposes, including
berming or contouring, that does not create a body of water or affect
existing drainage patterns or remove native vegetation in excess of County
standards.
3.5.4.5
Agricultural drainage and irrigation work incidental to agricultural
operations. (see 3.5.5.1.2 for offsite hauling)
3.5.4.5.1
3.5.4.6.
Excavations incidental to agriculture surface water management and water
use facilities as included in existing South Florida Water Management
District permits. All excavated materials must remain on lands under the
same ownership. Any transportation of materials over public roads is
subject to appropriate transportation road use fees.
The grading, filling, and moving of earth in conjunction with road
construction within the limits of the right-of-way or construction
OCT 10 2001
easement, when the construction plans have been approved by the Collier
County or State Department of Transportation.
3.5.4.7.
Farm animal watering ponds or excavations located on single-family lots /
tracts where the net property size is two acres or more are exempt from the
permitting procedures contained in this division, but must comply with all
the construction standards of this division. Such exemptions apply only if:
3.5.4.7.1.
Excavation does not exceed one acre in area and -1-3 20 feet in depth.
3.5.4.7.2.
A building permit for the a single-family home must be issued prior to the
County issuing a letter of exemption.
Activities 3.5.4.1, (except removal of excess material) 3.5.4.2, 3.5.4.3,
3.5.4.5, and 3.5.4.6 do not require letters of exemption. Activities 3.5.4.4
and 3.5.4.4-7 7 must submit plans or drawings of the proposed activity to
Engineering Plan Review for a formal letter of exemption.
(Ord. No. 92-73, 2; Ord. No. 93-89, 3; Ord. No. 97-26,3.H, 6-4-97)
Sec. 3.5.5. Excavation review procedures.
3.5.5.1.
Types of excavation permits. The permits required by this division shall be
issued by the Development Services ~k, eet~ Department in accordance
with the procedures set forth herein and shall come under one of the
following categories:
3.5.5.1.1.
Private excavations. Private excavations are considered to be an
excavation on non-commercial property where the excavated material is
not removed from the property and where the disturbed surface area at
grade does not exceed two acres. Where more than one excavation is
proposed for the same piece of property or properties under common
ownership and the combined disturbed surface area exceeds two acres, the
permits shall not be issued as a private excavation.
3.5.5.1.2.
Commercial excavations. (Types I, Il, & III (A, B, C)) Commercial
excavations are considered to be any excavation wherein the excavated
material is removed from the subject property. An exception to this is that
up to 4000 C.Y. of excavated material may be removed from an
',~G,F~ a, IT~
OCT 10 2001
3.5.5.1.3.
agriculturally zoned site if the fill is the result of a legitimate agricultural
use as defined in other sections of this code.
Type I comtnercial- in Estates zoning with a surface area less than 3.0
acres and a volume less than 60,000 cubic yards.
Type II commercial- in Estates zoning with dimensions greater than those
listed for Type I commercial.
Type III A commercial- in agricultural zoning with a volume less than
100,000 cubic yards.
Type 11I B commercial- in agricultural zoning with a volume equal to or
greater than 100,000 cubic yards and less than 500,000 cubic yards.
Type HI C commercial- in agricultural zoning with a volume equal to or
greater than 500,000 cubic yards and less than or equal to 5,000,000 cubic
yards.
Type HI D commercial- in agricultural zoning with a volume greater than
5,000,000 cubic yards.
All approved developments with offsite hauling will be considered Type
III B commercial.
The minimum lot size for any Type III commercial excavations shall be 20
acres.
Development excavation. Development excavations are considered to be
any excavation located within the boundaries of a planned unit
development, or subdivision development, having approved construction
plans (to include S.D.P.'s), or an industrial or commercial project, or
where the disturbed area of an excavation exceeds two acres, but no fill is
removed from the subject property for any purpose whatever provided
that:
4-:. The excavations were clearly defined and detailed as to location,
size, shape, depth, and side slopes during the development's review
process and, if applicable, approved by the board after appropriate public
hearings.
If approved by the board during the rezone and/or preliminary
subdivision plat process, excavated material in an amount up to ten
percent (to a maximum of 20,000 cubic yards) of the total volume
AGE~'~)A ITEM
OCT 10 2001
3.5.5.2.
3.5.5.2.1
3.5.5.3.
3.5.5.4.
3.5.5.4.1
excavated may be removed from the development. Intentions to remove
material must be clearly stated during the development's review and
approval process. The ~;~
Issuance of permits.
Issuance of private and development 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 meet. When, in his opinion, the
standards have not been met, the application shall be submitted to the
Environmental Advisory bear~ Council for recommendation with ultimate
approval or denial required of the board.
Issuance of commercial excavation permits. Applications for commercial
excavation permits shall be reviewed by the Community Development and
Environmental Servicesd Administrator, or his designee, and by the
Environmental Advisory Board for recommendation and approved by the
board. When a request is made to remove surplus fill material from a
previously approved development excavation, the requirement for
review by the Environmental Advisory board Council shall be waived,
but depemtam contingent on haul route and amount of fill to be hauled,
staff may require approval by Collier County Planning Commission.
Notice of meeting. The Development Services Director shall give prior
written notice of the Environmental Advisory b,o~ Council meeting, by
first class mail, as noted in section 3.5.6.1.3.4, to all adjacent property
owners (within 300 feet of the property line or within 500 feet of the
excavation itself) as determined by reference to the latest official tax rolls.
For Type I and Type II excavations, all owners of existing homes or
homes under construction, (i.e. having broken ground on the date of
submittal of the excavation) within 1 mile of the site along the haul route
must be notified as listed in Section 3.5.6.1.3.4, and they may request that
the item be heard publicly by the Board of County Commissioners.
Excavation permit criteria. Approval by the Site Development Review
Director and the Board shall be granted only upon competent and
substantial evidence submitted by the applicant, that:
The excavation will not interfere with the natural function of any sanitary,
storm or drainage system, or natural flow way, whether public or private,
so as to create flooding or public health hazards or jeopardize the
functions of the natural resources and environment of Collier Coun~ty~ ......
A C.~',~ ^ ITEM
OCT !0 2001
3.5.5.4.2
3.5.5.4.3
3.5.5.4.4
3.5.5.4.5
3.5.5.4.6
3.5.5.4.7
3.5.5.4.8
3.5.5.5
Dust or noise generated by the excavation will not cause a violation of any
applicable provisions of article 2 of this code. Rock crushing operations
or material stockpiles that will be adjacent to any existing residential
area may require separate County approval.
The excavation will not adversely affect groundwater levels, water quality,
hydroperiod or surface water flowways. The Development Services
Director may require the applicant to monitor the quality of the water in
the excavation and adjacent ground and surface waters. Under no
circumstances shall the excavation be conducted in such a manner as to
violate Collier County or applicable State of Florida water quality
standards.
The excavation will be constructed so as not to cause an apparent safety
hazard to persons or property.
The excavation does not conflict with the growth management plan or
land development regulations adopted pursuant thereto, nor does it conflict
with existing zoning regulations. Special criteria and approval procedures
may be necessary for projects within the Big Cypress Area of Critical
State Concern.
In cases where a wetland is no longer capable of performing
environmental functions or providing environmental values or in cases
where it is determined that no reasonable alternative exists other than
disrupting a wetland, certain alterations may be allowed, except as
otherwise authorized through previous county review processes.
Flow of water within and through preserved wetlands shall not be
impeded.
Appropriate sediment control devices (hay bales, silt screens, etc.) shall be
employed to prevent sedimentation within the wetland pursuant to the
design requirements of division 3.7. Any building site adjacent to a
wetland and elevated by filling, must employ the same erosion control
devices. Fill must be stabilized using sod, o~ seed, an~ or mulch :~f an
Other permits required. All appropriate State and Federal permits or
approvals for work in jurisdictional areas shall be provided to the
Development Services Director prior to issuance of an excavation permit.
The excavation permit automatically carries with it permission to remove
vegetation within 20 feet of the lake control contour elevation and for the
stockpile area.
3.5.5.6
Fees and guarantees. Upon Community Development and Environmental
Services Administrator, or his designee, approval on behalf of the Board
of County Commissioners, the applicant will, within 60 days of written
notification from the Community Development and Environmental
Services Administrator, pay the required permit fee, road impac-4 use fee if
required, and post, if required, the appropriate performance guarantee, in a
format approved by the County Attorney. In addition, the applicant shall
provide written proof of payment of road impact use fees in accordance
with section 3.5.9.3, if required.
Failure to pay the fees and post the guarantee, within this time period shall
constitute abandonment of the excavation permit application and will
require complete reapplication and review in accordance with all
requirements in effect at the time of reapplication, with the following
exceptions:
3.5.5.6.1.
Upon receipt of an applicant's written request with sufficient justification,
as determined by the Development Services Director, and payment of a
time extension fee, the Development Services Director may, one time
only, authorize the extension of the permit issuance time for up to an
additional 60 days.
3.5.5.6.2.
All previously approved excavation permits that have yet to be issued by
the Development Services Director become eligible for the above time
extensions upon the effective date of this division.
3.5.5.7.
Duration of excavation permits.
3.5.5.7.1.
Private excavation and Type I and Type II commercial permits shall be
valid for a period of 12 months from the date of issuance. If the work is
not completed in that time, a second application, with a reapplication fee
must be submitted to the Development Services Director, requesting up to
an additional 12 months to complete the excavation. If the Development
Services Director finds sufficient good cause to grant the request, a permit
extension will be issued.
3.5.5.7.2. Commercial Type III and development excavation permits will be of
indefinite duration or until the excavation reaches the limits of the
permitted size, provided the excavating operation remains active in
accordance with the requirements of this division.
(Ord. No. 93-89, 3; Ord. No. 96-21, 3)
Sec. 3.5.6. Application requirements for excavation permits.
OCT 10 2001
3.5.6.1.
3.5.6.1.1
3.5.6.1.2.
3.5.6.1.3.
Unless otherwise directed, one copy of all required application documents
shall be submitted to the Development Services Director on a form to be
supplied by Collier County. The application shall include, but not be
limited to, the following information:
The name, address, and telephone number of the applicant or his agent,
and, if known, the excavator.
Proof of ownership, legal description and location of the property
involved. A small location map, drawn on 8 V2- inch by ll-inch paper,
shall accompany the application, clearly showing the location of the
proposed excavation(s) in relation to commonly recognized landmarks.
A signed application provided by the County and completed by the
applicant or his agent which includes:
A statement that he has read this division and agrees to conduct the
excavation in accordance with this division, this code and other county
and state codes and laws.
2. A statement of purpose of excavation and intended use of the
excavated material.
3. Exhibits prepared and sealed by the project's surveyor/engineer
showing.
ao
g.
h.
i.
The boundaries of the property.
Existing grades on the property.
The level of the mean annual high and low water table with a
justification of how the elevations were arrived at.
The grades which will exist following the completion of the
excavation.
The volume of the excavation as measured from the natural
grade.
Easements, existing utilities, roads and setbacks, and zoning.
Drainage and flowways.
Aerial limits of any special site vegetation such as mangrove,
cypress or other wetland species.
For development and all Type III commercial excavations, logs
of soil auger borings with field classification shall be provided,
unless existing recent data is available and provided to the
Development Services Director, for use in determining
minimum and maximum depths and appropriate side slope
configurations, and evidence of any confining layers, ~this
latter to determine if on-site or adjacent wetlands are
"perched.") The depth of the soil auger borings shall extend to
"'"~C"~A I'1' El,,4
OCT III 2001
._5'1
a point at least one foot below the proposed bottom elevation
of the excavation, and shall be of at least the following density
according to size of each excavation; zero to 4.9 acres/two
locations; 5 to 9.9 acres/three locations; 10 acres or more/three
locations plus one for each additional 20 acres or fractional part
thereof.
For private and Type I commercial excavations, two auger
borings or a simple machine excavated hole to a depth of 13
feet below wet season water table must be submitted.
For Type I and Type II excavations, the site must be posted
with a notification of the date, time, and location of the public
hearings before the Board of County Commissioners.
For Type I and Type II excavations, a map of all occupied
dwellings and dwellings under construction at the time of
submittal of the application along the haul route one mile in
any direction must be submitted along with stamped envelopes
addressed to the owners of those lots.
If the project is to be submitted to the Environmental Advisory beard
Council 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 pre-addressed four-inch by 9 ½-inch
envelopes with first class, plus one additional ounce, postage ready for
mailing.
For Type I and Type II excavations, all owners of existing homes or
homes under construction (i.e. having broken ground on the date of
submittal of the application) within one mile of the site along the haul
route must be notified. The petitioner shall submit a list of these
homeowners along with stamped (double first class rate) pre-addressed
envelopes to the Community Development Division, Engineering
Review Department.
Water management plan detailing methods for the conservation of
existing on-site and off-site surface drainage systems and groundwater
resources. Copies of an appropriate surface water management permit
and/or water use permit (dewatering) as required and issued by the
South Florida Water Management District shall be provided to the
development services director prior to commencing the excavation
operation.
OCT t0 2001
,,,..5 Z
If excavated material will be removed from the property, and unless,
due to site-specific circumstances, the requirement is waived by
Transportation ser-viees Operations Director, a traffic and road impact
analysis will be made by the applicant to address the following:
ao
Identifying the project's zone of influence, that is, the distance
from the site that traffic is either generated from or attracted to.
The existing condition of the road system within the excavation
project's zone of influence.
The capacity of the road system within the zone of influence to
handle existing traffic, normal growth in the traffic, and
additional traffic generated from the excavation project in
consideration of the time frame of the traffic generation and the
wheel loadings of such traffic.
The site-specific road work within the zone of influence
which is necessary prior to the start of the project and
which are. will be necessary during the project so as to
assure that premature road failure and/or severe road
damage will not occur.
............................. j .... cocn 'and_Roa wor to
be undertaken by the applicant to mitigate adverse road
impacts along with confirmation of the security, if applicable,
to be provided by the applicant to assure completion of the
identified road work. Any and all security and/or performance
guarantee required in excess of $100,000.00 as set forth in the
road use analysis shall be secured or guaranteed in accordance
with section 3.5.10.
Should there not be concurrence by Transportation Operations
Director and the applicant, of about 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 applicable information shall
be subject to review and recommendation by the ~
~'~-'; ..... ~'^~'~ Collier County Planning Commission followed
by review and action by the Board.
The permittee may provide a phasing plan whereby the required
performance guarantee may be reduced provided that security
requirements are met in the first phase. No additional excavation shall
take place in future plans phases until either the first phase is
completed and approved by Collier County or additional security
requirements are provided for the future phase(s) of work.
Performance guarantees for platted lakes shall be in an amount equal
to the engineer's certified construction estimate.
~'~)A ITE~
~, OCT 10 2001
3.5.6.2.
Should blasting be necessary in conjunction with the excavation, all
blasting shall be done under an approved Collier County user/blaster
permit with no overburden removed prior to blasting from the area
planned for excavation unless otherwise approved by the Development
Services Director. Said permits shall be obtained from the Collier County
Development Services Department. Should approval for blasting not be
granted to the applicant, the applicant shall remain responsible to meet any
and all requirements of an approved excavation permit unless the subject
excavation permit is modified in accordance with this division.
3.5.6.3.
If trees are to be removed as a result of the excavating operation, a
..~..~..; .... ~..~..~.'~:~'~' ,.~ru~..~.~ ........ ..v...~- shall .-.~mmence. a simultaneous submittal
shall be made to the environmental staff of the Planning Services
Department. Release by environmental staff will constitute a permit for
removal of the vegetation when the excavation permit is granted.
3.5.6.4. If the application is made by any person or firm other than the owner of
the property involved, a written and notarized approval from the property
owner shall be submitted prior to processing the application.
(Ord. No. 93-89, 3; Ord. No. 96-21, 3)
Sec. 3.5.7. Construction requirements for the construction of excavations.
All requirements of the South Florida Water Management District, Permit Information
Volume IV, along with the following requirements shall apply to all excavations.
3.5.7.1.
Setbacks. Excavations shall be located so that the top cf Lank control
elevation contour of the excavation shall adhere to the following minimum
setback requirements:
3.5.7.1.1.
Fifty feet from the right-of-way line or easement line of any existing or
proposed, private, or public, street, road, highway or access easement.
Exceptions to the above-referenced setbacks may be developed and shall
be subject to final approval by the Development Services Administrator or
his designee. Said exceptions shall be based upon recognized standards for
traffic engineering and road design (AASHTO and/or Manual of Uniform
Minimum Standards for Design, Construction and Maintenance for Streets
and Highways, State of Florida) and shall incorporate such factors as road
alignment, travel speed, bank slope, road cross section, and need for
barriers. However, lakes immediately adjacent to "T intersections" shall
be located based on a specific design analysis by the applicant's engineer
which provides for safety and traffic considerations at the intersection.
3.5.7.1.2.
Fifty feet from side, rear, or abutting property lines, except where the
excavation is located in agriculturally or industrially zoned d, ist_ri'c_.t_s__ ~
OCT 1 0 2001
3.5.7.1.3.
3.5.7.2.
3.5.7.2.1.
3.5.7.2.2.
3.5.7.2.3.
3.5.7.2.4.
abutting a residentially zoned district, the setback shall be 100 feet from
the residentially zoned property. Exceptions to these setbacks may be
granted based upon the installation of proper fencing (minimum 4 feet
chain link) berms, walls, or other engineered protective measures for the
portion of the property line within 100 feet of the lake. The minimum
setback from any property line to the control elevation contour shall be 20
feet.
From jurisdictional wetlands setbacks will be determined using standards
set by SFWMD.
Side slopes. The finished side slopes of the excavated area, expressed as
the ratio of the horizontal distance in feet to one foot of vertical drop, shall
be as follows:
A maximum 4.0 to one slope shall be graded from the existing grade to a
breakpoint at least Oa~ee ten feet below the control elevation mean ann'aa!
lo,,,,~x~Me~. Below this breakpoint, slopes shall be no steeper than 2.0
to one.
All governing side slopes shall be considered from *h~..~ '~,--v ---"c ~.~.~.w,,.. ,,.-c ,~,~.~
c,n _~,~.4~ ...... :o,: ........ '~ ~ .... ~ 20 feet outside the control
elevation contour of the resulting excavation.
If rock, homogenous to the bottom of the excavation, is encountered at any
elevation above the breakpoint, then the remaining slope below the
breakpoint shall be no steeper than 0.5 to one. If said homogenous rock is
encountered below the breakpoint, the slope below the breakpoint shall be
no steeper than 2.0 to one to the rock elevation, and no steeper than 0.5 to
one from the rock elevation to '.- ,h~ ~.~**~-- ~ ,~. ........ ,:~, t_T .........
· be
.......... ~ Io .......... ~ .... ~ ten feet below the control elevation.
In the event that property where a commercial or exempt agricultural
excavation was previously excavated is rezoned/developed for uses other
than agriculture, the excavation shall be modified to the standards for
development excavations in accordance with the requirements of section
3.5.7.2 proper, or other criteria as may be more stringent.
Exceptions to the side slope requirements that may be justified by such
alternatives as artificial slope protection or vertical bulkheads shall be
approved in advance by the site development review director, where
justification is documented in a design analysis prepared by a professional
engineer registered in the State of Florida. Bulkheads may be allowed for
3.5.7.2.5.
no more than 40 percent of the shoreline length, but compensating littoral
zone area must be provided.
........ ; .... 1;,t.-~.-~l ~h~l; 1 ..... ... .~ ,h.~ r~ !!y, "';*~' tWO 'h
~ Littoral zones- for purposes of this ordinance, the littoral
zone of a lake in Collier County will be defined as the area of the lake
lying in the zone between two feet below WSWT to one foot above
WSWT. An area of littoral zone equivalent to 2% of the total area of the
lake at control elevation shall be planted with wetland type vegetation.
This littoral planting zone will be at an 8:1 minimum side slope.
Littoral planting zones should be adjacent to and waterward of control
structures "'~ ...... ;~
....... v ....... or pipe outlets or inlets and shall be a minimum
of 15 feet from any discharge structure or pipe intake so as not to impede
or break flow. The following criteria shall be th._.~_e minimum standards in
the creation of the littoral zone.
Eighty percent vegetative coverage of the planted littoral area is
required over a three-year period to ensure establishment. Beyond
three years the littoral shelf shall be maintained as a functional
component of the lake system. The function shall be defined as:
mimicking a natural system to improve water quality; biologically
cleansing runoff prior to discharge; buffering against shoreline
erosion; naturally controlling exotics and/or to mimicking other
natural functions such as the utilization by wildlife.
The littoral zone shall be planted with at least three different
species of native, nursery grown or otherwise legally obtained
vegetation tolerant of the different zones within the littoral shelf
where no single species shall account for greater than 50 percent of
coverage. Copies of receipts for vegetation purchase shall be
provided upon request by the site development review director.
Littoral zones may be moved or consolidated to areas within any
lake in an interconnected lake system at a rate of 1.25 more than
the original amount.
All Collier County listed prohibited exotics shall be removed as
they occur, manually or with U.S. Environmental Protection
Agency approved herbicides, when they exceed ten percent
coverage.
At the time of planting: minimum tree height shall be eight feet;
minimum shrub height shall be 24 inches; minimum herbaceous
AG~"iOA
OCT t 0 2001
.
height shall be 12 inches. The height requirement may be
administratively waived where the required height of trees, shrubs,
or herbaceous plants are not available.
An annual monitoring report shall be forwarded to Compliance
Services Environmental Staff, until such time as criteria set forth in
section 3.5.7.2.5(1) have been satisfied.
In order to ensure a minimum eighty (80) percent coverage of littoral zone
planting areas, a performance guarantee pursuant to the provisions of section
3.5.10 will be required upon completion and acceptance of each excavation
permitted by the county. The value of the guarantee shall be based on a cost
estimate to replace the original installed littoral zone plants. The guarantee must
be submitted in a format approved by the County Attorney and approved by the
Community Development Services ,~dministrator Director, or his designee, on
behalf of the Board of County Commissioners prior to preliminary acceptance of
the permitted excavation(s) and shall be held for a period of a minimum of one
year to allow the plantings to become established within the lake. The guarantee
may only be released by the county upon the completion of a final inspection
which confirms that at least 80 percent coverage has been obtained.
3.5.7.2.6.
No building construction permits will be issued for any proposed
construction around the perimeter of any excavation where the minimum
clearance between the excavation top-of-bank and the proposed building
foundation is less than 30 feet, unless and until all side slopes adjacent to
the proposed construction have been completed and approved by the
Development Services Director. Exceptions to this requirement will be
made in those instances where the perimeter of the excavation will be
bulkheaded in accordance with the provisions of section 3.5.7.2.4.
3.5.7.3.
Depths. Unless site conditions, water quality, or soil information indicates
otherwise, the excavation depths as measured from the permitted control
elevation shall be as follows:
3.5.7.3.1.
Maximum. Private and development excavations shall not exceed 4-3 20
feet in depth unless computations using the "fetch formula" of maximum
depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths
are feasible. The mean fetch shall be computed as follows: (A+B)/2 where
"A" is the average length parallel to the long axis of the excavation and
"B" is the average width of the excavation as measured at right angles to
the long axis.
Commercial excavations shall not exceed 20 feet in depth unless otherwise
supported by the "fetch formula" or if it can be shown from a comparative
water quality study of another similar lake (comparable geometry) that
depths in excess of 20 feet will not, because of aquifer conditions or
OCT 10 2001
3.5.7.3.2.
3.5.7.3.3.
3.5.7.4.
relative location to coastal saline waters, have a detrimental effect on the
ground water resources in the surrounding area.
Minimum. In order to assure that unsightly conditions or undesirable
aquatic growth will not occur in wet retention areas during the dry season
of the year, the bottom elevation shall be at least six feet below the mean
annual low water level.
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 Eoard Council, 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 depth is deemed acceptable by the Development Services
Director and approved by the Environmental Advisory Board, a penalty
shall be set by resolution for each cubic yard of excavated material.
Fencing. If, at any time, the Development Services Director finds that the
location and conditions of an excavation are not in, or able to be brought
into, compliance with all requirements of this division, the excavation
shall be buffered with a minimum of a four-foot-high fence with "No
Trespassing" signs as deemed appropriate by the Development Services
Director to deter passage of persons.
3.5.7.5.
3.5.7.6.
Hours of operation. Hours of operation and blasting operations shall be
regulated by appropriate County Ordinance and State laws. Unless
otherwise approved by the Development Services Director, all excavation
operations with the exception of dewatering pumps, which are within
1,000 feet of developed residential property, shall be limited to operating
hours between 7:00 a.m. and 56:00 p.m., Monday through Saturday.
Additionally, such excavation operations shall be in compliance with any
and all County ordinances which establish operating controls by hours,
days, noise level, or other parameters relating to public health, safety and
welfare. Hours of operation for private and for Type I and Type II
commercial shall be 7:00 a.m. to 6:00 p.m. Monday through Friday.
Restoration. Upon completion of the excavation operation, the subject
property shall be restored as required by the 1986 State of Florida
Resource Extraction Reclamation Act (F.S. ch. 378, pt. IV). Reclamation
shall mean the reasonable rehabilitation of the total disturbed area where
AGEhkDA tTF.~
OCT 1 0 200!
the resource extraction has occurred, and shall meet the reclamation
performance standards established by the State. All disturbed areas,
including the excavation side slopes above the water line and a 20-foot
wide area around the entire perimeter of the excavation, shall be sodded or
fertilized and seeded with a quick-catch seed variety approved by the
Development Services Director within 60 days of the final side slope
shaping in order to minimize the potential for erosion.
3.5.7.7.
Discontinuance of operations. If the excavating operation is inactive for a
period of 90 consecutive days, except due to strikes or acts of God, all side
slopes, including the working face, shall be brought into conformance with
this division and a report so stating, prepared and sealed by the project's
surveyor/engineer shall be submitted to the Development Services
Director. Recommencement shall also be reported to the Development
Services Director. If the excavating operation is never started or is
discontinued for a period of one year, that permit is void unless a written
request is made by the permittee with sufficient justification for a time
extension in which case the Development Services Director may authorize
a permit extension for up to 180 days. A new permit must be approved
prior to commencement.
3.5.7.8.
Non-water management system lakes. Non-water management system
lakes of a surface area of one acre or less, may be riprapped along their
entire shoreline under the following conditions:
a. Side slopes shall be at a minimum ratio of two to one.
b. The required littoral zone may be created at a water
management lake in the system, but at least ten percent of the
required littoral areas shall be created at the lake discharge
facility.
c. Riprapping must extend down to the slope breakpoint required
by section 3.5.7.2, LDC.
d. The lake shall have protective barriers to prevent vehicular
access where necessary.
e. The lake shall meet all of the design requirements of section
3.5, LDC.
3.5.7.9.
Amendments to approved excavations. Substantial changes to any
approved excavation permit, (i.e. changes resulting in an increase of 20%
or more in excavated volume resulting in less than 50,000 additional cubic
yards), must be submitted to project plan review for review and approval,
with such approval granted in writing prior to commencement of any
proposed change. Failure to comply with the permit requirements shall be
cause for the Development Services Director to issue stop work orders on
all excavation related activities taking place or planned for the subject
property. Insubstantial changes shall not require prior written approval and
OCT 10 2001
shall include reductions in surface area not affecting water management
design quantities of material to be removed. A written description of
proposed insubstantial change, including an illustrated as-built as per the
excavation permit, to any approved excavation shall be submitted in
writing to project plan review and to the Development Compliance
Department.
(Ord. No. 92-73, 2; Ord. No. 93-89,3; Ord. No. 95-58, 3; 11-1-95; Ord. No. 96-21, 3;
Ord. No. 97-26, 3.H, 6-4-97)
3.5.7.10
Special Requirements for Type I and Type II Commercial Excavations
3.5.7.10.1
Type I and Type II commercial excavations will be required to apply for a
conditional use for the parcel(s) that the excavation occurs on.
3.5.7.10.2
Conditional use and excavation permits shall have a one (1) year time
limit with provision for a one (1) year extension upon payment of a
renewal fee.
3.5.7.10.3
Blasting will not be permitted. If test holes show that rock is less than 12
feet from the original grade, removal methods must receive staff approval.
3.5.7.10.4
Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to
5:00 p.m., Monday through Friday.
3.5.7.10.5
All areas disturbed for fill storage must be seeded and mulched upon
completion of construction. Prior to release of bonding, the planted seed
must reach a height of 6". Rye Mass is acceptable.
3.5.7.10.6 Lake Location and Size.
For parcels 5.00 acres in size and smaller, the surface of the lake can
occupy a maximum of 40% of the lot area.
For parcels over 5.00 acres up to 10.00 acres, the surface area of the lake
can occupy a maximum of 45% of the lot area.
For parcels over 10.00 acres, the surface area of the lake can occupy a
maximum of 50% of the lot area.
Finished lakes must have an irregular shape with no comers less than 40
feet in radius, and must otherwise conform to Section 2.8.4.7.1 of the
Land Development Code.
Setbacks less than 50% feet (from control elevation contour to property
line) are allowable if proper fencing (48 inches high and "childproof") is
OCT 1 0 200!
used. There shall be no exceptions to the 50 foot front yard setback from
the road R.O.W. line.
3.5.7.10.7
Depths. Type I and Type II Commercial Excavations shall not exceed 20
feet in depth. The minimum depth shall be 12 feet at the middle of the
excavation. See 3.5.7.3.1 for exceptions.
3.5.7.10.8
Sideslopes shall be no steeper than one (1) foot vertical to four (4) feet
horizontal to a depth of ~ ten (10) feet below original ground
control elevation and may be as steep as one (1) foot vertical to two (2)
feet horizontal below that elevation.
3.5.7.10.9
Building envelope. A minimum one (1) acre building envelope will be
shown. The envelope shall be contiguous, rectangular in shape, and may
extend to the property lines and include setbacks. The minimum
dimension of the rectangle shall be 150 feet.
3.5.7.10.10
Stockpiles. Temporary stockpile areas shall occupy a minimum of one (1)
acre. The stockpile area may occupy the future homesite. Proper erosion
control and sediment measures must be used at the stockpile site.
3.5.7.10.11 Littoral zone plantings must conform to Section 3.5.7.2.5.
Sec. 3.5.8. Inspection and reporting requirements.
3.5.8.1. Inspection.
3.5.8.1.1.
Collier County personnel, having given reasonable advance notice, shall
have the right to enter the property permitted for excavation and may from
time to time carry out inspections of the excavation site including the
collection of water samples to determine compliance with the provisions
of this division and any special conditions attached to the excavation
permit as issued by Collier County.
3.5.8.1.2.
Upon reasonable notice from Collier County personnel that an inspection
is to be conducted which requires the assistance and/or presence of the
permittee or his representative, the permittee or his representative shall be
available to assist and/or accompany county personnel in the inspection of
the excavation site.
3.5.8.1.3.
Collier County personnel are not obligated to carry out a detailed
topographic survey to determine compliance with this division. Upon a
finding of violation of this division or the special conditions of the
excavation permit, the Development Services Director shall advise the
permittee in writing by certified letter. The permittee shall, within 15 days
of receipt of such notice, have either the violation corrected or submit in
0C110 2001
writing why such correction cannot be accomplished within the 15-day
period. Such written communication shall also state when the violation is
to be corrected. If, in the opinion of the Development Services Director,
the delay in correcting the violation is excessive, he may recommend to
the Board that the excavation permit be temporarily suspended or
permanently revoked. Upon correction of the violation, the permittee may
be required by the Development Services Director to have an appropriate
report, letter and/or survey, whichever is applicable, prepared, sealed and
submitted to Collier County by the project's engineer/surveyor. Failure to
do so shall be cause for revoking the permit.
3.5.8.2.
Reporting.
3.5.8.2.1.
Status reports. The permittee shall provide the Development Services
Director with an excavation activities status report as follows:
Private and Type I and Type H commercial excavations. A final status
report within 30 days after the final completion of the excavation.
Development and all Type lli commercial excavations. An annual
status report every 12 months over the duration of the permit and a
final status report within 30 days after the final completion of each
phase of the excavation. If a final status report will be filed within four
months of the required annual status report, then the need for the
preceding annual status report shall be waived.
The final or annual status report shall consist of no less than the following
information as may be deemed necessary by the Development Services
Director, to accurately determine the status of the excavation, its
compliance with this division and the special conditions of the excavation
permit:
a. A sealed topographic survey prepared by the project's
surveyor/engineer, containing the following:
(1)
A base line along the top of the perimeter of the
excavation, clearly referenced to known points and
adjacent property or tract lines, if appropriate, with
right angle cross sections taken which clearly show
the as-built side slope and depth of the excavation at
each station. Unless otherwise approved by the
Development Services Director, cross sections shall
be taken every 100 feet on excavations less than five
acres, and every 200 feet on excavation over five
acres. Partial cross sections showing the as-built side
slopes will be necessary on the ends of the excavation
OCT 10 200!
(2)
and around the perimeter of the excavation where due
to its irregular shape, the base line right angle cross
sections do not accurately depict the actual
constructed slopes. The cross section survey data
shall be plotted at an appropriate scale and the as-built
side slope ratio computed for each of the segments
between the survey data points The approved design
cross section, including the breakpoints, shall be
superimposed on each as-built cross section to
facilitate visual verification of substantial compliance
with provisions of this division. Side slopes shall be
graded to within a reasonable tolerance as will be
determined by the Development Services Director,
depending upon local site conditions.
On all planned unit development or subdivision
projects, the outline of the excavations top-of-bank
shall be accurately plotted and referenced to known
control points in order that:
(a)
The surface area can be verified as
meeting size and retention/detention
storage needs. The computed surface area
at control elevation shall be shown to the
nearest tenth of an acre.
(b)
It can be determined that the excavation
was constructed within easements
dedicated for that purpose.
(3) The location of all excavated materials stockpiled on
the property.
bo
(4) Calculation of volume of excavated material as
follows: Cubic yards used on site + Cubic yards
removed from site + Cubic yards remaining on site in
stockpiles = Total cubic yards excavated during
reporting period.
A certification form from the project's surveyor/engineer
stating that they have visually inspected all dikes around any
dewatering storage areas, if any, and have alerted the permittee
of any apparent weak spots or failures which shall be promptly
corrected by the permittee to assure that there will be no
potential for dike rupture that would cause off-site fl._~oo, ding.
OCT I 0 200!
{2.
A certification fcrrn from the project's surveyor/engineer shall
accompany all final completion status reports stating that,
based on their observations and surveys, all work on the
excavation(s) was completed within reasonably acceptable
standards of this division and any special stipulations placed
upon the excavation permit.
d. If the excavation is incomplete, a written statement by the
permittee shall be provided stating the anticipated date of final
completion of the excavation.
OCT 10 2001