Agenda 10/24/2001 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 24, 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
APPEALISTO 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
October 24, 2001
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 MADr=
TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
2
October 24, 2001
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 DEVELO~T 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; ARTIC?-~- 3, DIVISION 3.5 EXCAVATION; AND
READOPTING CERTAIN AMENDMENTS TO DIVISION 2.5 SIGNS,
SECTION FOUR, CONFLICT AND SEVERABILIT¥; 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 second 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
OCT 2 q 2001
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:
/SVSA MV Y, AIC ' (./
CURRENT PLANNING MANAGER
DATE
REVIEWED BY:
THOleS E. KtJCK, PE
ACTING PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
APPROVED BY: ~
_M_,.t- I K, v, MINISTRATOR
COMMU~I~ DEV. AND ENVIRONMENTAL SVCS.
g/admin/fl:LDC_AmendmcntskLDC Cycle 2A-SPECIAL-2001~LDC ORD Cycle SPECIAL_2A-I .doc
DATE
OCT 2 ~ 2001
OCT ~ ~ ~001
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 post 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 for subject properties within the Growth Management
Plan's Urban designated areas and from 300 feet to 1,000 feet for those
properties .that are not designated Urban.
To require written notices to clearly describe what the rezoning
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 after a pre-application meeting and prior to
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 2 6 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, such provisions shall be
enacted or amended pursuant to the following public notice and heating
requirements by the planning commission and the board of county
commissioners.
1. A sign' shall be posted at least 15 days prior to the date of the public
hearing by the planning commission. The sign to be posted s~,a!l measure at
~, i~-~ ....... ~c~'~; ....... ·-~ h 11 i bst ti lly the following
...... ~ ............... s a contan su an a
language and the sign's copy shall utilize the total area of the sign:
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 si-ze area of the signs shall be as follows:
a. For properties less than one (1) acre in size, the sign shall measure at least
1 V2 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.
2. In the case of signs located on properties less than one (1) acre in size,
a T~e sign shall be erected by the development services director in full view
of the public on each street side of the subiect property, sa;,d l~nd to, be
~. Where the property for which rez,on;,ng approval is sought is
landlocked or for some other reason the signs cannot be posted dir ~e_ --
OCT 2 q 2001
subject prope.rty land to be rezoned, then the sign or signs shall be erected
along the nearest street tight-of-way, with. an attached notation indicating
generally the distance and direction to the subject property, fzr wk~ch
..... ;~ ;~ ght
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 upon which the
subject property has frontage. 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 tight-of-way, with an
attached notation indicating generally the distance and direction to the subject
property. There shall be at least one Si~n on each external boundary which
fronts upon a street, however, in the case of eXternal bOundaries along a street
with greater frontageS than 1320 linear feet signs Shall be Placed equidiStant
from one anOther with a maximum spacing of 1,000 linear feet, except that in
no caSe Shall the number of signs alone an exterior boundary fronting on a
street exceeds fbur sians. The applicant shall provide evidence that the sign(s)
were erected, by furnishing photo~aphs of the sign(s) dated to the time of
their erection to the Plannin~ Services Department at least ten (10) days prior
to the scheduled public hearing by the planning commission whichever has
jurisdiction.. The signs shall remain in 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 indefinite continuance. Tk .... .... ~' ...... *;"~ .,~C s:gn:' as
~,...,,~;A~..-1 .;~ +T,; .... 1..~.=~+;^~ e.h.-.ll ..-..~1,, 1-. ...... ;~.-I ,., ;.h ,::,.,-~ +1.,~ '
& 4. The planning commission shall hold one advertised public hearing.
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 heating by mail to the owner of
the subject property or his designated agent or attorney, if any.
4: 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 heating. Where
applicable, the notice shall clearly describe the land uses that are proposed to
be developed, applicable development standards, intensity or density, in terms,.
.3
OCT 2 2001
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
shall also include a location map that identifies the approximate geographic
location of the subject property.
$. 6. For subject properties located within the Urban designated area of the
Growth Management Plan, ~ notice of the time and place of the public
hearing by the planning commission shall be sent by the County twice. The
first notice shall be sent no less than 30 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 299 500 feet of the property lines of the
· p!
land for which an approval rezonmg
am,~h,aem;, is sought; provided, however, that where the land for which the
approval ..... : .... mn~ .... '~"* is sought is part of, or adjacent to,
land owned by the same person, the 399- 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
640 fe t) fr th bi rty
mile (2, e om e su ect prope
m rr~ .... ~,~-~*: ...... *'{ 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.
& 7. For subject properties located within areas of the Growth Management
Plan that are not designated Urban, all of the foregoing notice requirements
apply, except that written notification must be sent to all property owners
within 1000 linear feet of the subject property. 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.
% 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.
g:. 9. The clerk to the board of county commissioners shall notify by mail
eac'~ 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 2 2001
9:. lO.The board of county commissioners shall hold one advertised public
heating 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 participation requirements _for rezonin~, PUD amendment, or
conditional use; and_for variances or parking exemptions.
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 owners,
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 list of such
organizatiOns shall be provided and maintained bYthe County, but the
applicant shall bear the responsibility of inSUring that:all required parties are
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 a display advertisement 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 attend the pre-application
meeting or designee shall also attend the public informational meeting 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 subject property. The
applicant is required to audio- or video-tape the proceedings of the meeting
and to provide a copy of same to the planning services department.
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 subject site have been advised of the
extent and nature of the variance or parking exemption requested Within 30 days
of receipt ofa suffiency letter. Where it has been determined that there is a
functioning prol~erty owner, condominium or civic association who have
formally notified the County of their request to be notified, then the applicant
shall provide written documentation to the planning services department
indicating that these organizations have also been contacted conceminq the
extent and nature of the variance or parking exemption requested.
The applicant
A~A ITEM
OCT 2 q 2001
shall provide a written account of the result of such contacts and shall submit any
and all written communications to the planning services department. A written
account of the contacts, the list of property owner contacts and any other 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.
3. Regarding the above and as a result of mandated consultations with the public,
any commitments made by the applicant shall be committed to writing and made
a part of the account of the proceedings provided to the Planning Services
Department These written commitments will be brought forward to the county's
appropriate review and approval bodies and made a part of the consideration for
inclusion in the conditions for approval section of any applicable development
approval order.
AGENDA iTEM
0CT 2 q 2001
ORIGIN: Community Development and Environmental Services
AUTHOR:
Susan Murray, AICP, Current Planning Manager
DEPARTMENT: Planning Services
LDC PAGES:
LDC2.248& LDC2.250
LDC SECTIONS: 2.7.4.3. & 2.7.5.4
CHANGES:
Amend the two cited sections to ensure the notice procedures implementing
the public participation plan initiative are implemented consistent with notice
requirements for rezonings. The conditional use notice procedures are
amended to reflect the added public informational meeting requirement of
2.7.2.3.5, and as to variances to delete the existing notification procedures
and replacing them with a cross-reference to property notification procedures
at Section 2.7.2.3.2., and the public informational meeting requirment in
2.7.2.3.5..
REASON:
Amendments to Section 2.7.2.3.2., will also apply to the notice requirements
currently in existence for variances and conditional uses. The resulting
provisions will be more internally consistent and apply to all types of zoning
amendments.
FISCAL AND OPERATIONAL IMPACTS: None .
RELATED CODES OR REGULATIONS: None.
2.7.4.3.
Notice attd public hearing. Notice and public hearing by the planning commission
and the board of zoning appeals shall be as provided for under subsection 2.7.2.3.2.~
such that the provisions applicable to the board of county commissioners shall apply
to the board of zoning appeals All testimony given shall be under oath and the action
by the planning commission and the board of.,.,.,,,:* ....... .,.,..,.oo~.,.,..o;~; ..... zoning appeals
shall be quasi-judicial in nature. Additionally, the requirements of section
2.7.2.3.5., must be met.
2.7.5.4.
Notice of Planning Commission public hearing. Notice of public hearing before the
Planning Commission ;~ ~; ..... * '~+ ~ da:,' ;- ~-' ....... c ,,.~ public hearing
shall be as provided for under subsection 2.7.2.3.2.
'7
0CT 2 q 2001
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
Community Development and Em, ironmental 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:
OCT 2 q 2001
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 '-"~;~+ .., ....1 ....
~....j ......... ~,,.. owner entity shall submit to the
development services director a status report on the progress of
development annually ...... : fiRh '
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 subiect 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 d~
A~A l! I~M
OCT 2 q 2001
suspension of approvals shall not be counted towards the tolling
limitation.
2001
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-l, 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.
See. 2.2.14.2.1
Sec. 2.2.15.2.1
Permitted uses
4. Automotive services (7549) except that this shall not be construed to permit
the activity of"wrecker service (towing) automobiles, road and towin~ service."
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 parkin ~ lots", and
carwashes ( group 7542, provided that carwashes abutting resid~ ~.
districts shall be subject to the following criteria: _.
OCT 2 q 2001
ORIGIN: Community Development and Environmental Services
AUTHOR:
Su~an 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 a long term lessee of a considerable amount of land
that comprises the area of the Airport which is owned by Collier
County on which 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 from 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.
4-8 19. Gunsmith shops (group 7699) with accessory shoo~
testing and training except for outdoor shooting range
-1-9 20. Heavy construction (groups 1611-1629
/2-
41. Transportation by air (groups 4512-4581
~c~s).
OCT 2 ~ 2001
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 2 q 2001
Pg.~-
2.5.5.1.2.
2.5.5.1.3.
Minimuin setback. All signs within residential zoned districts and as
applicable to residential designated poriions 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.
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 4-5 10 feet from any property
line. In the case of undeveloped parcels where the existing vegetation may
not allow the location of the sign 4-5 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.
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.
A sign advertising that a property has been sold or leased shall not be
displayed for more than ego 14 days after it is erected.
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, price, logo, and model home. Model home signs shall not be
illuminated in any manner (No building permit required.) A~A ilDa
OCT 2 2001
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.)
o
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 app'roved 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 alcne 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 promotiom
AGENDA ITEM
OCT 2 q 2001
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.
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, charitable, 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 uIdnified 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 reflect style
OCT 2 2001
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:
(g)
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;
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
C d ( m,,~,~,;~,, ~ ~: *,~ .... x
o e see .................... . /.
OCT 2 q 2001
illuslration 16
(Illustration 16 has been deleted)
(m)
2.5.5.2.1.1.
The sign shall not be in the shape of a logo and the logo shall not protrude from the
The use of fluorescent colors is prohibited.
Outparcels.. In addition to the above requirements, ~signs-ptmm-for outparcels,
regardless of the size of the outparcel, shall be limited to the following:
(a)
A .... il s:~n r^. an., ........o .........~- ..... t ,.. :;'ay ~.,. a -.'.'al! ~; ~
sqaare .... ,
addition to any wall signs permitted by this Code, outparcels may by allowed
one additional sixty square feet wall sign facing the shopping center if the
additional sign is not oriented towards any public right-of-way. In no case the
number of wall signs for an outparcel can exceed 2 signs; and,
(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 -1-5 8
feet in height.
...... ACWdqD A ITE
No.
OCT 2 q 2001
2.5.5.2.2.
2.5.5.2.3.
Development standards.
1. Maximum allowable height. All pole or ground signs within non-residential
zoned districts and as applicable to non-residential designated portions of
pLTD zoned properties are limited to a maximum height of 1 § feet when
located alonq an arterial or collector roadwa, y__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
~ of 8 feet' t_;_!_b~he maximum ~ directors is limited to 20 feet.
~-*;,--- 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.
2. 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 1._._QO 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.
3. Maximum allowa~uare feet for ole or ound si s
located alon_[g3_g_~_arterial or collector ro~are feet for all other
roads~feet for o_._q.g!2arcels and automobile service stations and 150
square feet for directory signs.
4. The location of all permanent pole, .m'ound and directory signs shall be
shown on the landscape plans as required by section 2.4.4.17.
5 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 on~ on each factor a maximu~ areas for each
V-type sign, and such sign structure shall be considered as one si~:n~
6. Spot or floodlights shall be permitted only where such spot or floodlieht is_
.non-revo~aid li ht shines onl on the owner's remises or si s and
away from any right-of-way.
Real estate signs: The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
1. One ground sign with a maximum height of 10 feet or wall "For Sale," "For
Rent," or similar sign with a maximum area of twelve square fee
OCT 2 2001
street frontage for each parcel, or lot less than one acre in size. (No building
permit required.)
o
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.)
o
One ground sign with a maximum height of 4-5 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 of ten acres in size.
Real estate signs shall not be located closer than 4-5 10 feet from any property
line. In the case of undeveloped parcels where the existing vegetation may
not allow the location of the sign -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.
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.
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.
2.5.5.2.4.
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 4-5
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 ~ ~ound 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.
OCT 2 2001
2.5.5.2.5.2.
A
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 existing 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.
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.ggl'l~ll,~A~;+; ..... Y"[V"1~1~* ..... ] .... '' '[lllll;+h;--
thc :hopp:ng c~n+~-~. .~.. ....... ~ ...... ~:~ :s ................... . .- ~ J r ....... ~ ....
businesses with'a floor area of larger than..,~lq aaa 25,000 square feet and a ~ont wall
length of more th~ 200 linear feet, are allowed three wall si~s; however, the
A~A I~
OCT 2 q 2001
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,..,v'~n square feet in area ,,~.c
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.
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: c, nd back lighting and accent striping are is prohibited on
canopy structures.
...... ~, ...... }~ .......... , ho-:,'¢;'er, o One (1) ground sign shall be permitted
for each site and shall be placed within a 200 square foot landscaped area. Height is
OCT 200!
limited so that the top edge of the sign face is less than eight feet above grade.
Maximum permitted area 70 60 square feet.
4. ~ Signage, loges, advertising and information are prohibited
above gas pumps.
5. Wall signs: As allowed in section 2.5.512.5.2. 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 siqns 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 f6r 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.
o
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 ~;,'o 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 po.'
that may be affixed to a wall, shall be limited to eight feet.
ter. exce~ those
AGFJ~A IIEM
OCT 2 q 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, carnivals,
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.
Specialpurpose 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 o_f 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 agricultural uses. The maximum
allowable sign area for each pole or ground sign shall not exceed 1
O£T 2 4 2001
with a maximum height of 20 feet, and shall be located a minimum of 15 feet from
any property lines, public or private fight-of-way or easement.
2.5.5.2.5.11.1.1. On premise signs 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 temporary ~ ground sign, with a maximum
height of 10 feet, and located a minimum of 10 feet from 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:
1. 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 serving such building,
structure, or uses, provided: ~-~ ~Ir~
OCT 2 2001
1. Each sign is not more than 12 square feet in area.
2. 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.
4. The applicant must submit with the permit application notarized,
written permission from the property owner where the off-site sign is
located.
5. The sign shall only be located within 1,000 feet of the intersection of
the arterial roadway serving the building, structure, or use.
3. Off-premises directional signs shall not be located closer than 50 feet from a
residentially zoned district.
4. 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.
2.5.6.2.
2.5.6.3.
2.5.6.4.
Signs required to be maintained or posted by law or governmental order, rule, or
regulation.
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.
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.
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.
OCT 2 q 2001
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-premis6s sign for model homes, approv, ed 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.
2.5.6.15.
2.5.6.16.
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.
Flags, or insignias of governmental, 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 t~xicabs, buses, trailers, trucks, or
vehicle bumpers, provided such sign does not violate section 2.5.7 ofth~
OCT 2 q 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 signs.
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 ~
olq~imme~ Land Development Code, shall be allowed the use of illuminated signs,
subject to the al~proval 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.
No.
OCT 2 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 material 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 ~vhich 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.
Any sie,.~, which Beacon lights.
Any sign which/3 emits audible sound, vapor, smoke, or gaseous matter.
Any sign which O obstructs, conceals, hides, or otherwise obscures from view any
official traffic or government sign, signal, or device.
OCT 2 q 2001
2.5.7.21.
Any sign which tg employs motion, has visible moving parts, or gives the illusion of
motion (excluding time and temperature signs).
2.5.7.22.
Any sign which ~ 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, 6n 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 lguses 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 si.~.s, 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
Director, or his designee, or, within 30 days of the end of the amortization period contained in
section 2.5.9. or, in the alternative, shall be altered so that they no longer violate section 2.5.7~_
A~A ITF_M
I~.
OCT 2 t, 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 ~lays 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
2.5.9.2.
2.5.9.2.1.
2.5.9.2.2.
be seen from the outside ma',/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:
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:
Two years from the date upon which the sign became nonconforming under this
ordinance.
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
$1,001.00 to $3,000.00
Permitted Years from
Effective Date of
this Amendment
4
OCT 2 q 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 may 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 :egulations of
this code, except that such signs violate the maximum height, minimt m se~ff~
OCT 2 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
~ 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.
The name, address and telephone number of the: (a) owner and lessee of the sign and
(b) sign contractor or erector of the sign.
2.5.12.4.2.
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 constructic ~
OCT 2 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 ofpermit. 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 un~fied 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 proiect 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 property.
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
mmnager administrator or his designee. The county mamagev-administrator, or his
AGEt,~A ITFJvl
OCT 2 2001
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 mae, age~
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.
OCT 2 4 200 .
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 ~f 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 as the removal of any material to a depth greater than
three feet below the existing grade over any area, or one foot below existing grade
over an area greater than 10,000 square feet.
AC,~A ITE~
OCT 2
3.5.3.2 Excavations on undeveloped
specified in section 3.12.8.3.
(Ord. No. 93-37, 3)
coastal barriers shall be prohibited, except as
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 such
maintenance activity 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 imgation 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
easement, .when the construction plans have been approved by the Collier
County or State Department of Transportation.
^GE,t'~O A ~TF_..M
2001
3.5.4.7.
3.5.4.7.1.
3.5.4.7.2.
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 iff
Excavation does not exceed one acre in area and -1-g. 20 feet in depth.
........................................... prcperty
A building permit for tt~ a single-family home must be issued prior to the
County issuing a letter of exemption.
Activities set forth in subsection 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 set forth in subsections 3.5.4.4 and 3.5.4.4-7 7 must
submit plans or drawings of the proposed activity to Engineering Plan
Review Department 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 [hr-eem~ 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, II, & III (A, B, C)) Commercial
excavations are considered to be any excavation wherein the excavated
material is removed from the subject property. Except that up to 4000
Cubic Yards. of excavated material may be removed from an
agriculturally zoned site if the fill is the result of a legitimate agricultural
use as defined in other sections of this code.
OCT 2 q 2001
For purposed of this section, the following definitions shall apply:
Type I commercial Excavation - Locates- in Estates zoning district with a
surface area less than 3.0 acres with an excavated material volume less
than 60,000 cubic yards.
Type H commercial Excavation - Locates - in Estates zoning district with
dimensions greater than those listed for Type I commercial.
Type III A commercial Excavation - Locates - in agricultural zoning
district with a volume less than 100,000 cubic yards.
Type III B commercial Excavation - Locates - in agricultural zoning
district with a volume equal to or greater than 100,000 cubic yards and
less than 500,000 cubic yards.
Type III C commercial Excavation - Locates - in agricultural zoning
district with a volume equal to or greater than 500,000 cubic yards and
less than or equal to 5,000,000 cubic yards,
Type III D commercial Excavation - Locates - in agricultural zoning
district with a volume greater than 5,000,000 cubic yards.
All approved developments with offsite hauling activities will be
considered Type III B commercial.
The minimum lot size for any Type III commercial excavation shall be 20
acres.
3.5.5.1.3.
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,
si--ze, 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
AGF._I',~A ITEM
OCT 2 q 2001
3.5.5.2.
3.5.5.2.1
3.5.5.3.
3.5.5.4.
3.5.5.4.1
percent (to a maximum of 20,000 cubic yards) of the total volume
excavated may be removed from the development. Intentions to remove
material must be clearly stated during the development's review and
approval process. ,~u~ a~;~ a~. ~.c ,u ........ .;~., ~.~, ~.~ ~;..~.~
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 board 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
Environm6ntal 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 dependent 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 board 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 permit application) within 1 mile of the site
along the haul route must be notified in accordance with Section
3.5.6.1.3.4, of the code. Such property owners may request that the item
be heard by the Board of County Commissioners at a public hearing.
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,
OCT 2 2001
so as to create flooding or public health hazards or jeopardize the
functions of the natural resources and environment of Collier County.
3.5.5.4.2
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.
3.5.5.4.3
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
t-~e 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.
3.5.5.4.4
The excavation will be constructed so as not to cause an apparent safety
hazard to persons or property.
3.5.5.4.5
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.
3.5.5.4.6
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.
3.5.5.4.7
Flow of water within and through preserved wetlands shall not be
impeded.
3.5.5.4.8
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, and or mulch if an
3.5.5.5
Other permits required. All appropriate State and F_ederal permits or
approvals for work in jurisdictional areas shall be provided to the
Development Services Director prior to issuance of an excavation permit.
OCT 2 h 2001
The excavation permit includes authorization 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 impact 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 impac4 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 excavation 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 2 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. X small location map, drawn .on 8 V2- inch by 11-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.
a. The boundaries of the property.
b. Existing grades on the property.
c. · The level of the mean annual high and low water table with
supporting information relative to how elevations were
determined.
d. The grades which will exist following the completion of the
excavation.
e. The volume of the excavation as measured from the natural
grade.
f. Easements, existing utilities, roads and setbacks, and zoning.
g. Drainage and flowways.
h. Aerial limits of any special site vegetation such as mangrove,
cypress or other wetland species.
i. For development and all Type III commercial excavations, log~
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
AC-~r_NDA ITE. M
OCT 2 2001
jo
· latter to determine if on-site or adjacent wetlands are
"perched.") The depth of the soil auger borings shall extend to
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 the wet season water table must be submitted.
ko
For Type I and Type II commercial excavations, the site must
be posted with a notification of the date, time, and location of
the public hearing before the Board of County Commissioners.
For Type I and Type II commercial excavations, a map of all
existing 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 envelopes having
postage for two ounces addressed to the owners of those lots.
If the project is to be submitted to thb 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 h-inch
envelopes with first class, . · ~ ~. · , 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 alon~ the haul
route must be notified. The petitioner shall submit a list of these
homeowners alon~ with stamped (~~_,~,ita~_.~,,
i~l) r~re-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 tp~_t.b._e__.~
A~A ITEM
OCT 2 2001
development services director prior to commencing the excavation
operation.
If excavated material will be removed from the property, and unless,
due to site-specific circumstances, the requirement is waived by
Transportation seevie~ _Operations Director, a traffic and road impact
analysis will be made by the applicant to address the following:
do
eo
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 .......... j an oa 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 et~,,qr~at~t{~
~-~,,: .... ~'~-~ 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.
AGENOA ITEM
OCT 2 2001
Performance guarantees for platted lakes shall be in an amount equal
to the engineer's certified construction estimate.
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
.... : .... ~:~,~..,,^. ~,~c ........ ~ ~h... simultaneous submittal
...............................~. commence, a
shall be made to the environmental staff of the Plannin~ Services
Department. Approval by environmental staff will constitute a permit for
removal of the vegetation when the excavation permit is ~anted.
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 *^-^c,...v
,-,v ....... 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 inte ~: ._
OCT 2 q 2001
3.5.7.1.2.
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.
Fifty feet from side, rear, or abutting property lines, except where the
excavation is located in agriculturally or industrially zoned districts
abutting a residentially zoned district, the setback shall be 100 feet from
the residentially zoned property. Exceptions to these setbacks may be
~anted if the following criteria are met: 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 juris, dictional 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 three te__p_n feet below the control elevation mem,~mammt
lo,,v-wa~. Below this breakpoint, slopes shall be no steeper than 2.0
to one.
All governing side slopes shall be considered from ,ua,.,~
r,~l ,~.,,-.~,~ ^~ -, ~v;~,; ........~ ~ .... ~ 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
mean ap~ua! Iow water le~'e! 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
OCT 2 q 2001
3.5.7.2.5.
justification is documented in a design analysis prepared by a professional
engineer registered in the State of Florida. Bulkheads may be allowed for
no more than 40 percent of the shoreline length, but compensating littoral
zone area must be provided.
suef-aee-~ate~ 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 (Wet Season Water Table) 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 ,~hee~peesil~!e 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 the 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 greater than
the original amount.
All Collier County listed prohibited exotics shall be removed as
they occur, manually or with U.S. Environmental Protection
- -"'i
0CT 2q 2001I
o
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
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 r6quired 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 Admin~:trator 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 -1-3 20
feet in depth unless computations using the "fetch formula" of maximum
depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths
are feasible. The mean fetch shall be computed as follows: (A+B)/2 where
"A" is the average length parallel to the long axis of the excavation and
"B" is the average width of the excavation as measured at right angles to
the long axis.
OCT 2 2001
3.5.7.3.2.
3.5.7.3.3.
3.5.7.4.
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
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 often 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 Eo, ar~ 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.
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 excavations shall be 7:00 a.m. to 6:00 p.m., Monday through
Friday. A~A ~'~--~
OCT 2 4 2001
3.5.7.6.
3.5.7.7.
3.5.7.8.
3.5.7.9.
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
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.
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
S--ervices Director. If the excavating operation is never started or is
d-iscontinued 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.
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.
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 a~o_v.L~
OCT 2 2001
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
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
3.5.7.10.1
3.5.7.10.2
Special Requirements for Type I and Type II Commercial Excavations
Type I and Type II commercial excavations will be required to apply for a
conditional use approval for the parcel(s) that the excavation occurs on.
Conditional use and excavation permits expire after one (1) year, with a
provision for one (1) additional 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 as a result of fill storage must be seeded and mulched
upon completion of construction. Prior to release of the performance
bond, the planted seed must reach a heiaht of 6 inches. Rye grass is
acceptable for this purpose.
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.
OCT 200!
pg.
Finished lakes shall be irregularly shaped 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 permitted if proper fencing (48 inches high and "childproof') is
used. There shall be no exceptions to the 50 foot front yard setback from
the road Right of Way 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 subsection 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 belowu,,~,.,,~,-'~":"~ ~,,,~,,,,,~ control
elevation hnd 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 is required.
The envelope shall be contiguous, rectangular in shape, and may extend to
the property lines and include setbacks. The minimum dimension of any
side 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 (meeting NYPDES standards) must be
used at the stockpile site.
3.5.7.10.11 Littoral zone plantings must conform to Section 3.5.7.2.5.
3.5.7.10.12
Federal and State Agency Permits. Any excavation in an area containing
SFWMD (Southwest Florida Water Management District), DEP
(Department of Environmental Protection ) zoning district, or USACOE
(United States Army Corps of Engineers) jurisdictional vegetation must
obtain a permit from the applicable agency prior to issuance of the
excavation permit.
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
AC-~NDA I'I'E~
OCT 2 q 2001
3.5.8.1.2.
3.5.8.1.3.
3.5.8.2.
3.5.8.2.1.
of this division and any special conditions attached to the excavation
permit as issued by Collier County.
Upon reasonable notice from Collier County personnel that an inspection
is to be conducted which requires the assistance and/or presence of the
permittee 9r his representative, the permittee or his representative shall be
available to assist and/or accompany county personnel in the inspection of
the excavation site.
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
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.
Reporting.
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 III 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:
OCT 2
~.. t pg.__
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
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.
(2) On all planned unit development or subdivision
projects, the outline of the excavations top-of-bank
shall be accurately plotted and referenced to known
control points in order that:
(a)
The surface area can be verified as
meeting size and retention/detention
storage needs. The computed surface area
at control elevation shall be shown to the
nearest tenth of an acre.
(b)
It can be determined that the excavation
was constructed within easements
dedicated for that purpose.
A C-~._~ A ITF__~
No.
OCT 2 6 2001
(3) The location of all excavated materials stockpiled on
the property.
(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.
bo
A certification fc, r:n 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 flooding.
A certification fm-m 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 2 ~- 2001
Draft 5
Monday, October 15, 2001
12:14:31
ORDINANCE NO. 01-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS:
SECTION TWO, FINDINGS OF FACT: SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: ARTICLE 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.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
ion 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by
law, did hold
advertised public hearings on October 10, 2001 and October 24, 2001, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
Words gtr~:ck t?;zugh are deleted, words underlined are added.
1
OCT 2 2001
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et se_c_q., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare
and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be based
on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4. Sec. 163.3194(I)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements
of Sec. 1634.3161 et sea. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are of
Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the
public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County;
prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of
Collier County; and protect human, environmental, social, and economic resources; and maintain thro,z
orderly growth and development, the character and stability of present and future land uses and developmenl
Collier County.
Words struck t~czugh are deleted, words underlined are added.
2
OCT 2 2001
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter
Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A.
AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Sec. 2.2.12. Commercial professional district (C-l).
Sec. 2.2.12.2.1. Permitted uses
2. Automobile parking (7521) except for tow-in parking.
Sec. 2.2.14. Commercial intermediate district (C-3).
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. General commercial district (C-4).
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 residential zoning
districts shall be subject to the following criteria: _.
Sec. 2.2.16. Industrial district (I).
Sec. 2.2.16.2.1 Permitted uses
Words stmc!c t~.~cugh are deleted, words underlined are added.
3
OCT 2 4 2001
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.
-1-8 19. Gunsmith shops (group 7699) with accessory shooting range for testing
and training except for outdoor shooting ranges.
4-9 20. Heavy construction (groups 1611-1629
41. Transportation by air (groups 4512-4581~* .... ~', ,,,~::'p v,,o ..... ,.,~a n.~_~,,.,...e, c.~ao,,,,~ ).
SUBSECTION 3.B.
AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES
DIVISION
Division 2.5., Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code,
is hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5.
2.5.5.1.
Permitted signs.
Signs within residential zoned districts and as applicable to residential designated
portions of PUD zoned properties.
2.5.5.1.1.
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.
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 -14- 10 feet from the property line, unless
otherwise noted below or as provided for in section 2.1.I 3.
2.5.5.1.2.
Real estate signs. The following signs classified as real estate signs shall be
permitted in residential districts subject to the following:
1. One ground sign with a maximum height of 6 feet. or wall "For Sale," For
Rent," or similar sign, with a maximum of four square feet in size, per
street frontage for each parcel, or lot less than one acre in size. Said sign
shall be located no closer than ten feet from any adjacent residentially
used property and may be placed up to the property line abutting a right-
of-way, provided it is a minimum of ten feet from the edge of pavement.
(No building permit required.)
2. One ground sign with a maximum height of 8 feet or wall "For Sale," "For
Rent," or similar sign, with a maximum of 12 square feet in size, per street
frontage for each parcel, or lot one to ten acres in size. (No building permit
required.)
3. One pole sign with a maximum height of-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.
Words str.'-gk :krvugk are deleted, words underlined are added.
4
OCT 2 q 2001
2.5.5.1.3.
2.5.5.1.4.
2.5.5.1.5.
2.5.5.1.6.
Real estate signs shall not be located closer than 4-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign 4-5 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.
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.
A sign advertising that a properly has been sold or leased shall not be
displayed for more than 30 14 days after it is erected.
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, price, logo, and model home. Model
home signs shall not be illuminated in any manner (No building permit
required.)
Constr~tction 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 t-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 ten 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.)
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 ale, nc
along the Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
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
Words .~t:'.:c.c t.~-oug, are deleted, words underlined are added.
5
OCT 2 2001
2.5.5.1.7.
2.5.5.2.
2.5.5.2.1.
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. Said signs shall maintain a 10 -l-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.
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.
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 w;.th and a maximum area of 32 square
feet.
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. (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 reflect style 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;
Words :tn:ok tkrzugh are deleted, words underlined are added.
6
(e)
(0
Copy style;
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;
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 (gcc II!'.'.:traticn 15 5elcw).
illustration 16
(Remove Illustration 16)
2.5.5.2.1.1.
~ The sign shall not be in the shape of a logo and the logo shall not
protrude from the sign.
{m) The use of fluorescent colors is prohibited.
Outparcels.. In addition to the above requirements, unhqcd signs plans for
outparcels, regardless of the size of the outparcel, shall be limited to the
following:
Words st:ack thrc~:?,h are deleted, words underlined are added.
7
OCT '> q .'_/00!
(a)
~ In addition to any wall si~s pe~itted by this Code, outparcels may
by allowed one additional sixty square feet wall si~ facing the sho~oin~
center if the additional si~ is not oriented tow~ds ~y public fi~t-of-
way. In no case the number of wall si~s for an outparcel can 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
-1-5 8feet in height.
2.5.5.2.!.2.
Building pcr~,.i: requests. Request: far b'.:ilding pc.,'w, it: for pc,'w, ancnt cn prcmiga
accompanied by a -.:niflcd sign plan cA. ,~.~ ~...:~:-g or v, vj ....... ::gn :s
....... ,~ c ..... :, .... ,.~,~.~. r^. a nc;;' ~,v., cr re!cootie, n, ..........., v.
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 15
feet when located along 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 si~s is
limited to 20 feet, eight r^~, except :;'all or pc, lc ~:
..... ;,:^~ r ..... :,~-:~ *~-; ..... :^~ 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.
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 -1-5- I__Q feet from the
property line. Directory signs shall not be closer than 15 feet from the
property linc, 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.
Words st;ack :.ucc, ugh are deleted, words underlined are added.
8
AGF.~A ITF_M
OCT 2 200!
2.5.5.2.3.
2.5.5.2.4.
Real estate signs: The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign with a maximum area of twelve square feet in
size per street frontage for each parcel, or lot less than one acre in size.
(No building permit required.)
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum 32 square feet in size, per
street frontage for each parcel, or lot one to ten acres in size. (No building
permit required.)
One ground sign with a maximum height of-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 4-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign 4-5 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.
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.
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 -!-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 4-5 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.
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, regardless of parcel size.
(No building permit required).
All construction signs must be removed prior to the issuance of a
certificate of occupancy.
Words ::rack tPzough are deleted, words underlined are added.
9
OCT 2" 209
2.5.5.2.5.
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:
2.5.5.2.5.1.
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 twe 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 ::.ze of 250 equate 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 director 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.
~;~ cxcept c~ ' '
o,~ .... .~, approvcd &rectory mgns.
e~,~.~,~. ~ q c-~, from an;,' property
2.1.12., "~'~ "':'~' °~'~ exception ~r
as FrcvJdcd for ~n :ccticn 2.!.!3.
~.2.5.5.2.5.1.1. The .minimum ! 5 feet setback requirement may be administratively reduced by a
maximum often 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 15 fozt setback shall be based on the following:
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)
c)
Where due to the existing site conditions and improvements, it can
be demonstrated that adherence to the required minimum required
J,-5-fzet 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;
Where due to the nature and location of existing 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.
Words str.~ ........ ~,,, are deleted, words underlined_ are added.
10
2001
-~--:"~'~ in .... :^- 2.5.5.2.4.1., ,.,u:~u .... u~ ~ fczt in 5c:.g?,t. t4ei. ght
non
2.5.5.2.5.2.
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. ha
........... 1 ........ A ~ ~;~o Retail businesses with a floor area of larger than
15,000 25,000 square feet and a front wall length of more than 200 linear feet,
are allowed three wall signs; however, the 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 60,000 250 square feet in area for any sign.
2.5.5.2.5.3.
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.
2.5.5.2.5.4.
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.
2.5.5.2.5.5.
Signage for automobile service stations:
The followings are the only signs allowed in automobile services stations and
convenience stores with gas pumps.
Words :track ~-c, ug~ are deleted, words underlined are added.
11
OCT 2 4 2001
Window signs'_, only aign: :hv,'Mng thc building addrca:, ho'ar: cf
pem,Af-ted- as allowed in section 2.5.6.13 of this code.
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, a~l back lighting and accent striping
are is prohibited on canopy structures.
Pclc ::.gn.~ are p.~a.:,~n,.~,,,v.,.~ h.,~.,,.~,, ......... a _One (1) ground sign shall be
permitted for each site and shall be placed within a 200 square foot
landscaped area. Height is limited so that the top edge of the sign face is
less than eight feet above grade. Maximum permitted area 7-0 613 square
feet.
!ll',:minatcd: Signage, logos, advertising and information are prohibited
above gas pumps.
Wall signs: As allowed in section 2.5.5.2.5.2. of this code.
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 retum 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 4--5 10 feet to any property line. The number
of such signs shall be limited to one two 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, except
those that may be affixed to a wall, shall be limited to eight feet.
Political signs shall be erected not more than 60 4_~5 calendar days prior to
an election or political event, and shall be removed within seven calendar
Words strazk t.t'.rz~:gh are deleted, words gnderlined_ are added.
12
OCT 2 200!
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, carnivals,
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.
Specialpurpose 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 agrictdtural 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 agricultural uses. The
maximum allowable sign area for each pole or ground sign shall not exceed 100
square feet 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 signs 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 temporary pole or ground sign, with a
maximum height of 10 feet, and located a minimum of 10 feet from 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.
Words stvack tkro, ugk are deleted, words underlined are added.
13
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 oft-5
1.__Q_0 feet from any property line, public or private right-of-way or easement.
2.5.5.2.5. I 1.4. 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 serving
such building, structure, or uses, provided:
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 -1-5 1___0 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.
2.5.6.1.
2.5.6.2.
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:
Signs required to be maintained or posted by law or governmental order, rule, or
regulation.
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
Words attack t.':re, ugh are deleted, words ~underlined are added.
14
A~A ITF..~
OCT 2 5 200!
2.5.6.3.
2.5.6.4.
2.5.6.5.
2.5.6.6.
2.5.6.7.
2.5.6.8.
2.5.6.9.
2.5.6.10.
2.5.6.11.
2.5.6.12.
2.5.6.13.
2.5.6.14.
2.5.6.15.
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 sile:ns are also subject to restrictions of section 2.5.5.2.5.10. of this
code.
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.
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.
"No Trespassing," "No Dumping," or other prohibitory or safety type signs,
provided each sign does not exceed three square feet in size.
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.
One on-premises sign for model homes, approved in conjunction with a
temporary use permit in any zoning district.
One on-premises open house sign not to exceed four square feet in size. Such sign
shall not be located within -1-5 1___0_0 feet of any property line, right-of-way or access
easement.
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.
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.
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.
Non-electrical, non-illuminated and non-reflective -3~¢w._jindow signs not exceeding
25 percent of each window area.
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.
Flags, or insignias of governmental, religious, charitable, fratemal 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.
Words struck t?cc. ugS are deleted, words .underlined are added.
15
OCT 2 2001
2.5.6.16.
2.5.6.17.
2.5.6.18.
2.5.6.19.
2.5.6.20.
2.5.6.21.
See. 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.
2.5.7.9.
2.5.7.10.
2.5.7.11.
2.5.7.12.
2.5.7.13.
Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or
vehicle bumpers, provided such sign does not violate section 2.5.7 of this code.
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 signs.
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 zon:~ng
crd:~nance 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 govemmental agency or required to be
erected by a governmental agency.
Billboards.
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,
Words :t:'uck ~u.-cugk are deleted, words underlined are added.
16
2.5.7.14.
2.5.7.15.
2.5.7.16.
2.5.7.17.
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 material 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:
2.5.7.17.1. Is patently offensive to contemporary standards in the adult community as a whole
with respect to what is suitable sexual material for minors; and
2.5.7.17.2. Taken as a whole, lacks serious literary, artistic, political, or scientific value.
2.5.7.18. Any :ign which Beacon lights.
2.5.7.19.
2.5.7.20.
Any sign which ~; emits audible sound, vapor, smoke, or gaseous matter.
Any sign which O obstructs, conceals, hides, or otherwise obscures from view any
official traffic or government sign, signal, or device.
2.5.7.21.
Any sign which g employs motion, has visible moving parts, or gives the illusion
of motion (excluding time and temperature signs).
2.5.7.22.
2.5.7.23.
Any sign which t 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.
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 ora 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.
2.5.7.26.
Any sign which lduses 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.
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.
Words :tr-.:ck t?ccugk are deleted, words underlined are added.
17
OCT 2 ,, 200!
2.5.7.27.
2.5.7.28.
2.5.7.29.
2.5.7.30.
Sec. 2.5.8.
Sec. 2.5.9.
2.5.9.1.
2.5.9.1.1.
2.5.9.1.2.
2.5.9.1.3.
2.5.9.1.4.
2.5.9.2.
2.5.9.2.1.
2.5.9.2.2.
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.
Inflatable signs.
Accent lighting as defined in this code.
Illuminated signs, neon or otherwise, installed inside businesses and intended to be
seen from the outside.
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 Director, or his designee, or, within 30 days of
the end of the amortization period contained in section 2.5.9. or, in the alternative,
shall be altered so that they no longer violate section 2.5.7. 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.
Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its
provisions shall be regarded as nonconforming signs.
The following signs, and sign structures shall be removed or made to conform to
this code within 90 days from the effective date thereof.
Signs made of paper, cloth or other nondurable materials.
All temporary signs.
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.
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 Ist 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:
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:
Two years from the date upon which the sign became nonconforming under this
ordinance.
A period of three to seven years from the effective date of this ordinance,
according to the amortization table below.
ISign Cost/Value
$100.00 to $I.000.00
Permitted Years from
Effective Date of
th is Amendment
Words .~:r.:ck :.t'.ro~:gS are deleted, words underlined are added.
18
OCT 200
$ 1,001.00 to $3,000.00 4
$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 may 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.
2.5.10.5.
2.5.10.6.
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.
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.
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 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
Words str.:ck t.hrcugh axe deleted, words underlined are added.
19
2.5.12.2.
2.5.12.3.
2.5.12.4.
2.5.12.4.1.
2.5.12.4.2.
2.5.12.4.3.
2.5.12.4.4.
2.5.12.4.5.
2.5.12.4.6.
2.5.12.4.7.
2.5.12.4.8.
2.5.12.4.9.
2.5.12.5.
2.5.5.2.1.2.
all permit requirements of the code and all other applicable provisions of Collier
County's ordinances and regulations have been met.
Permit fees. A building permit fee shall be collected pursuant to the fee schedule
set forth by resolution.
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.
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:
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.
The dimensions of the sign including height.
The copy to be placed on the face of the sign.
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.
Two blueprints or ink drawings, certified by a Florida registered engineer or
architect, of the plans and specifications and method of construction and
attachment to the building or the ground for all pole signs and all projecting signs;
and any ground sign over 32 square feet.
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.
If the sign or sign copy is to be illuminated or electronically operated, the
technical means by which this is to be accomplished.
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.
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.
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
Words strack t?~c~:gk are deleted, words underlined are added.
20
AC~NDA ITEM
No..
OCT 2 4 2001
Sec. 2.5.13.
2.5.13.1.
2.5.13.1.1.
2.5.13.1.2.
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 project 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
property.
Enforcement.
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:
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.
All signs for which a permit is required shall be subject to inspections by the
county manager administrator or his designee. The county manager administrator,
or his 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.
SUBSECTION 3.C. AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES
DIVISION
Division 2.7., Zoning and Administration Procedures, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.7. ZONING AND ADMINISTRATION PROCEDURES
Sec. 2.7.2. Amendment procedures.
2.7.2.3.2.
Notice and public hearing where proposed amendment wouM 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, such provisions shall be enacted or
amended pursuant to the following public notice and hearing requirements by the
planning commission and the board of county commissioners.
1. A sign shall be posted at least 15 days prior to the date of the public
hearing by the planning commission. The sign to be posted 3ha!l measure
at least !*/~ square feet in area and shall contain substantially the following
language and the sign's copy shall utilize the total area of the sign:
PUBLIC HEARING TO REZONE THIS PROPERTY
FROM TO
(or where applicable the following:)
Words smack tYre. ugh are deleted, words underlined are added.
21
OCT 2 4 2001
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 :ize area of the signs shall be as follows:
a. For properties less than one (1) acre in size, the sign shall measure at
least 1 ¼ 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.
In the case of signs located on properties less than one (1) acre in size, a
The sign shall be erected by the development services director in full view
of the public on each street side of the subject properly. :aid land to bo
re. zoned. Where the property for which rczcning approval is sought is
landlocked or for some other reason the signs cannot be posted directly on
the subject property ha~°,~zq~'~g, 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 properly.
....... ~. a: ....: ............. ,~ ................... v .......... po:ting of
signr ag pr0;'idcd in *~': .... ~- .... ;^- ~-~" ~-"' '-~ rcquircd '-'~-^
....... ~ ............... },,~. ....... ~ .........~ .......... changing thc zoning
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 subiect 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. There shall be at least one sign on each external
boundary which fronts upon a street, however, in the case of external
boundaries along a street with greater frontages than 1320 linear feet signs
shall be placed equidistant from one another with a maximum spacing of
1,000 linear feet, except that in no case shall the number of signs along an
exterior boundary fronting on a street exceeds four signs. 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 (10'1 days prior to the scheduled
public hearing by the planning commission whichever has iurisdiction..
The signs shall remain in place until the date upon either of the following
occurrences: 1. Final action is taken bv 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 indefinite continuance The pcat:,ng cf sign.g a:
Words st:'ack tk~-cugh are deleted, words underlined are added.
22
AGEI,~A ITEM
OCT 2 q 200!
The planning commission shall hold one advertised public heating. Notice
of the time and place of the public heating 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.
Notice of the time and place of the public heating 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 proiects, and a description of the
institutional or recreational uses when part of the development strategy.
The advertisement shall also include a location map that identifies the
approximate geographic location of the subject property.
For subject properties located within the Urban designated area of the
Growth Management Plan, N notice of the time and place of the public
hearing by the planning commission shall be sent by the County twice.
The first notice shall be sent no less than 30 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 land for which an approval rezoning or a, ~lar~ned
..~;. ~ .... ~ ...... tm ~r~x .... ~ .... is sought; provided, however, that
where the land for which the approval rez.vmng, cr t,T,r-, ................ is
sought is part of, or adjacent to, land owned by the same person, the 3~O-
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 !and er ....................... ~ · ~
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.
For subject properties located within areas of the Growth Management
Plan that are not designated Urban, all of the foregoing notice
requirements apply, except that written notification must be sent to all
property owners within 1000 linear feet of the subiect property. 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.
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.
The clerk to the board of county commissioners shall notify by mail each
real property owner whose land is subject to rezoning, ov 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.
Words struck thrc.".gh are deleted, words underlined are added.
23
g:. I0. he board of county commissioners shall hold one advertised public heating
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 participation requirements for rezoning, PUD amendment, or conditional
use; and for variances or parking exemptions.
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 fi.om the County
pursuant to Section 2.7.2.3.2. Notification shall also be sent to property
3_2.
owners, 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 list of such organizations shall be provided and maintained by
the County, but the applicant shall bear the responsibility of insuring that
all required parties are notified. A notarized copy of all parties noticed,
and the date, time, and location of the meeting, shall be fumished to the
planning services department and the office of the board of county
commissioners no less than I0 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 a display advertisement 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 attend the pre-application meeting or
designee shall also attend the public informational meeting 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 to audio- or video-tape the proceedings of the
meeting and to provide a copy of same to the planning services
department..
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 subject site have
been advised of the extent and nature of the variance or parking exemption
requested within 30 days of receipt of a suffiency letter. Where it has
been determined that there is a functioning property owner, condominium
or civic association who have formally notified the County of their request
to be notified, then the applicant shall provide written documentation to
the planning services department indicating that these organizations have
also been contacted concerning the extent and nature of the variance or
parking exemption requested. The applicant shall provide a written
account of the result of such contacts and shall submit any and all written
communications to the planning services department. A written account of
the contacts, the list of property owner contacts and any other 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.
Regarding the above and as a result of mandated consultations with the
public, any commitments made by the applicant shall be committed to
writing and made a part of the account of the proceedings provided to the
Planning Services Department These written commitments will be brought
forward to the county's appropriate review and approval bodies and made
Words sh-ack througk are deleted, words underlined are added.
24
OCT 2q _001 i
a part of the consideration for inclusion in the conditions for approval
section of any applicable development approval order.
Sec. 2.7.3. Planned unit development procedures
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:
1. Fail to obtain approval for improvement pl~n: cra development order for
all :-~ ........... :--p -~-~. ............
improvement: rcq'a~rcd by the approved PUD ma:ret plan or other
development order: for at least 5v~ )'ears of thc date of approval by the
total number cf approved dwelling 'an[t: in the PUD, or ~n tke case of
approva .......... :
1. For residential portions of PUD'S the owner entity shall initiate physical
development of in~ast~c~re improvements including access roads~
internal roads, sewer and water utilities and any other related
in~ast~c~re that would allow a minimum of fi~een (15) percent of the
land area desi~ated for residential pu~oses to be developed with
authorized dwelling units immediately following the third (3) year from its
approval date and fi ffeen (15) percent every year therea~er.
2. For the non-residential poffions 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
ora defined amount of floor space, immediately following the third (3)
year ~om its approval date. In the event floor area is not the definins
intensity measure then twenty-five (25) percent of the land area to include
some representative po~ion of building space shall be constructed
immediately following the third (3) year from its approval date. The same
amount of improvement shall be requir~ every year therea~er up to an
amount representing seventy-five (75) percent of authorized buddable
areas and floor area. Thereafter the PUD is exempt ~om any ~her sunset
provisions.
The project ~c;'c,eper owner entity shall submit to the development
services director a status report on the progress of development annually
....... : ..... ~'~ ~h amnlver~ary da,~e 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.
* * * * * * * * *
Words ~track t.~z,c'-'-gk are deleted, words underlined are added.
25
OCT 2 4 200 !
Sec. 2.7.4. Conditional uses procedures.
2.7.4.3.
Sec. 2.7.5.
Notice andpublic hearing. Notice and public hearing by the planning
commission and the board of zoning appeals shall be as provided for under
subsection 2.7.2.3.2., such that the provisions applicable to the board of county
commissioners shall apply to the board of zoning appeals All testimony given
shall be under oath and the action by the planning commission and the board of
............ :~: ..... zoning appeals shall be quasi-judicial in nature.
Additionally, the requirements of section 2.7.2.3.5., must be met.
Variance procedures.
2.7.5.4.
Notice of Planning Commission public hearing. Notice of public hearing before
the Planning Commission iz
attorney dc:[:naiad by him e,n his petition, :hall be. nc, tiffed by ma~l. Notice of
· '"";. ,,,,,,,, .... is o~-o,,,~'* shall be as provided for under subsection 2.7.2.3.2.
SUBSECTION 3.D. AMENDMENTS TO EXCAVATION DIVISION
Division 3.5. Excavation, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.5 EXCAVATION
See. 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.
Words struck iF. rough are deleted, words underlined are added.
26
OCT 2 200!
3.5.3.1
3.5.3.2
Excavations are defined as the removal of any material to a depth greater than
three feet below the existing grade over any area, or one foot below existing grade
over an area greater than 10,000 square feet.
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 such maintenance activity
may be hauled offsite with administrative stafflevel 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
3.5.4.4
3.5.4.5
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).
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.
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.
3.5.4.7.
3.5.4.7.1.
3.5.4.7.2.
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 easement, when the
construction plans have been approved by the Collier County or State Department
of Transportation.
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:
Excavation does not exceed one acre in area and t-3. 20 feet in depth.
A building permit for 0ae a single-family home must be issued prior to the County
issuing a letter of exemption.
Activities set forth in subsection 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
set forth in subsections 3.5.4.4 and 3.5.4.4-7 7 must submit plans or drawings of
Words sm:e:: thre~gh are deleted, words underlined are added.
27
OCT 2 't 2001
the proposed activity to Engineering Plan Review Department 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 D~rcctzr 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
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, II, & Ili (,,t, B, C)) Commercial excavations
are considered to be any excavation wherein the excavated material is removed
from the subject property. Except that up to 4000 Cubic Yards. of excavated
material may be removed from an agriculturally zoned site if the fill is the result
of a legitimate agricultural use as defined in other sections of this code.
For purposed of this section, the following definitions shall apply:
Type I commercial Excavation - Locates- in Estates zoning district with a surface
area less than 3.0 acres with an excavated material volume less than 60,000 cubic
yards.
Type II commercial Excavation - Locates - in Estates zoning district with
dimensions greater than those listed for Type I commercial.
Type III A commercial Excavation -Locates - in agricultural zoning district with a
volume less than 100,000 cubic yards.
Type I1! B commercial Excavation - Locates - in agricultural zoning district with a
volume equal to or greater than 100,000 cubic yards and less than 500,000 cubic
yards.
Type III C commercial Excavation - Locates - in agricultural zoning district with
a volume equal to or greater than 500,000 cubic yards and less than or equal to
5,000,000 cubic yards.
Type III D commercial Excavation - Locates - in agricultural zoning district with
a volume greater than 5,000,000 cubic yards.
All approved developments with offsite hauling activities will be considered Type
III B commercial.
The minimum lot size for any Type III commercial excavation shall be 20 acres.
3.5.5.1.3.
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:
Words :track t~.-cugk are deleted, words underlined are added.
28
AC,~rJql)A ITEM
OCT 2 2001
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
heatings.
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 excavated may be
removed from the development. Intentions to remove material must be
clearly stated during the development's review and approval process. TSe
j g:y .~
3.5.5.2.
3.5.5.2.1
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 board Council
for recommendation with ultimate approval or denial required of the board.
3.5.5.2.2.
3.5.5.3.
Issuance of commercial excavation permits. Applications for commercial
excavation permits shall be reviewed by the Community Development and
Environmental S_ervicesd 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 be, arm Council shall be waived, but dependent 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 bzard 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.
3.5.5.4.
3.5.5.4.1
For Type I and Type Il excavations, all owners of existing homes or homes under
construction, (i.e. having broken ground on the date of submittal of the excavation
permit application) within 1 mile of the site along the haul route must be notified
in accordance with Section 3.5.6.1.3.4, of the code. Such property owners may
request that the item be heard by the Board of County Commissioners at a public
hearing.
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 County.
3.5.5.4.2
3.5.5.4.3
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
Words ;track tSrc"gk axe deleted, words underlined are added.
29
AGENDA ITEM
No.
OCT 2 2001
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
3.5.5.6
3.5.5.6.1.
3.5.5.6.2.
3.5.5.7.
3.5.5.7.1.
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~ and or mulch :c ......... ~.~ ....... ~. ..... :~ c^.
Od~erpermits 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 includes authorization to remove vegetation within 20 feet
of the lake control contour elevation and for the stockpile area.
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 impact us~e 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 us.__qe 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:
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.
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.
Duration of excavation permits.
Private excavation and Type I and Type II commercial excavation permits shall
be valid for a period of 12 months from the date of issuance. If the work is not
Words struck t~;c~ugk are deleted, words underlined are added.
30
AGEr~A ITEM
OCT 2 2001
3.5.5.7.2.
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.
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.
3.5.6.1.
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:
3.5.6.1.1
The name, address, and telephone number of the applicant or his agent, and, if
known, the excavator.
3.5.6.1.2.
Proof of ownership, legal description and location of the property involved. A
small location map, drawn on 8 %- inch by I 1-inch paper, shall accompany the
application, clearly showing the location of the proposed excavation(s) in relation
to commonly recognized landmarks.
3.5.6.1.3.
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.
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.
The boundaries of the property.
Existing grades on the property.
The level of the mean annual high and low water table with
supporting information relative to how elevations were determined.
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, log.~ 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, fthis latter to determine if on-site or adjacent
wetlands are "perched.'"l The depth of the soil auger borings shall
extend to 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; I0 acres or more/three
locations plus one for each additional 20 acres or fractional part
thereof.
Words arrack t~,rougk are deleted, words underlined are added.
31
OCT 2 q 2001
For private and Type I commercial excavations, two auger borings
or a simple machine excavated hole to a depth of 13 feet below the
wet season water table must be submitted.
For Type I and Type II commercial excavations, the site must be
posted with a notification of the date~ time, and location of the
public hearing before the Board of County Commissioners.
For Type I and Type II commercial excavations, a map of all
existing 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 envelopes having postage
for two ounces addressed to the owners of those lots.
If the project is to be submitted to the Environmental Advisory
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 V2-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 {having 2 ounces worth of first class
postage) 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.
If excavated material will be removed from the property, and unless, due
to site-specific circumstances, the requirement is waived by
Transportation gerviccg Operations Director, a traffic and road impact
analysis will be made by the applicant to address the following:
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 a~r-e will
be necessary during the project so as to assure that premature
road failure and/or severe road damage will not occur.
r,~,~ ..... ~' +^ ~' .... '~'"~'~ ~" '~ ce~::nty and Road work 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
Words ,3track iF. rough are deleted, words underlined are added.
32
OCT 2 it 200!
$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 cnv[rc, nmontal
ad;":gzrj 5car~ 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.
3.5.6.2.
~,.5.6.3.
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.
If trees are to be removed as a result of the excavating operation, a ;'cgctat:,cn
bcfore wcrk shall corr, mcnce, a simultaneous submittal shall be made to the
environmental staff of the Planning Services Department. Approval 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 of bay& 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
Words struck t~-~oug5 are deleted, words _underlined are added.
33
3.5.7.1.2.
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.
3.5.7.2.5.
by the applicant's engineer which provides for safety and traffic considerations at
the intersection.
Fifty feet from side, rear, or abutting property lines, except where the excavation
is located in agriculturally or industrially zoned districts abutting a residentially
zoned district, the setback shall be 100 feet from the residentially zoned property.
Exceptions to these setbacks may be granted if the following criteria are met:
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 t.~ree te_._~n feet below the control elevation mean arm'.:al Iow
water levd. Below this breakpoint, slopes shall be no steeper than 2.0 to one.
All governing side slopes shall be considered from the to~ efbar2z of the
......... ~, ........... , ................ ~, ................... efa aeent fill
~+~":~ cr .... :-°: ....... .~ 1 .... ' 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 m
the control elevation.
In the event that property where a commercial or exempt agricultural excavation
was previously excavated is rezonedYdeveloped 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 no more than 40 percent of the
shoreline length, but compensating littoral zone area must be provided.
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
(Wet Season Water Table) 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
....... ~. ....... or pipe outlets or inlets and shall be a minimum of 15 feet from any
Words :'~,zk t.~rzugh are deleted, words underlined are added.
34
OCT 2 q 200!
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;
buffeting 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 greater 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 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 Administratcr 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.
3.5.7.3.1.
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:
Maximum. Private and development excavations shall not exceed 4z2:20 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
Words :tr.:ok t.~co'.;gk are deleted, words under inet! are added.
35
OCT 2 200!
3.5.7.3.2.
3.5.7.3.3.
3.5.7.4.
3.5.7.5.
3.5.7.6.
3.5.7.7.
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 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 E,var~
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.
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 excavations 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 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.
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
Words :tr~cl: :?.;cugh are deleted, words underlined are added.
36
AGF_NDA ITEM
OCT 2 2001
3.5.7.8.
3.5.7.9.
3.5.7.10
3.5.7.10.1
3.5.7.10.2
3.5.7.10.3
3.5.7.10.4
3.5.7.10.5
3.5.7.10.6
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.
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:
Side slopes shall be at a minimum ratio of two to one.
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.
Riprapping must extend down to the slope breakpoint required by section
3.5.7.2, LDC.
The lake shall have protective barriers to prevent vehicular access where
necessary.
The lake shall meet all of the design requirements of section 3.5, LDC.
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 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)
Special Requirements for Type I and Type H Commercial Excavations
Type I and Type II commercial excavations will be required to apply for a
conditional use approval for the parcel(s) that the excavation occurs on.
Conditional use and excavation permits expire after one (1) year, with a
provision for one (1) additional year extension upon payment of a renewal fee.
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.
Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to 5:00
p.m., Monday through Friday.
All areas disturbed as a result of fill storage must be seeded and mulched upon
completion of construction. Prior to re]ease of the performance bond, the planted
seed must reach a height of 6 inches. Rye grass is acceptable for this purpose.
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.
Words struck t~,rc~ugk are deleted, words underlined are added.
37
For parcels over 10.00 acres, the surface area of the lake can occupy a maximum
of 50% of the lot area.
Finished lakes shall be irregularly shaped 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
permitted if proper fencing (48 inches high and "childproof') is used. There shall
be no exceptions to the 50 foot front yard setback from the road Right of Way
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
subsection 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 often (10) feet below c, Eginal grc, un~ 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 is required. The
envelope shall be contiguous, rectangular in shape, and may extend to the
property lines and include setbacks. The minimum dimension of any side of the
rectangle shall be 150 feet.
3.5.7.10.10
Stoclcpiles. 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 (meeting NYPDES standards) must be used at the stockpile
site.
3.5.7.10.11 Littoral zone plantings must conform to Section 3.5.7.2.5.
3.5.7.10.12
Federal and State Agency Permits. Any excavation in an area containing
SFWMD {Southwest Florida Water Management District), DEP {Department of
Environmental Protection ) zoning district, or USACOE {United States Army
Corps of Engineers) jurisdictional vegetation must obtain a permit from the
applicable agency prior to issuance of the excavation permit.
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 ar_~e 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 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
Words :tr..'zk :.:.-c~ug,, are deleted, words underlined are added.
38
OCT 2 200i
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.
3.5.8.2.1.
Reporting.
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 III 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 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 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 S_ervices
Director, depending upon local site conditions.
(2) On all planned unit development or subdivision projects, the
outline of the excavations top-of-bank shall be accurately plotted
and referenced to known control points in order that:
(a)
The surface area can be verified as meeting size and
retention/detention storage needs. The computed surface
area at control elevation shall be shown to the nearest tenth
of an acre.
(b)
It can be determined that the excavation was constructed
within easements dedicated for that purpose.
Words :tr'.:ck t~:cugh are deleted, words underlined are added.
39
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Ho..
OCT 2 A 2001
(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 forty, 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 flooding.
A certification fz,'xn, from the project's surveyor/engineer shall accompany
all final completion stares 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.
If the excavation is incomplete, a written statement by the permittee shall
be provided stating the anticipated date of final completion of the
excavation.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development
Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
Words struck tS, cc, ugh are deleted, words underlined are added.
40
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this __ day of
ATTEST:
., 200 I.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES D. CARTER, Ph.D., CHAIRMAN
DWIGHT E. BROCK, CLERK
Approved As To Form And Legal Sufficiency
Marjofie M. Student
Assistant County Attorney
1:\ LDC_Amendrnents\LDC Cycle 2A-SPECIAL - 2001\LDC ORD Cycle SPECIAL_2A-1 .doc
Words :,'w,:cl: t~,reugk are deleted, words underlined are added.
41
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No.
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