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Exhibit SSS LDC Section 5.03.028/9/2016 Collier County, FL Land Development Code https://www.municode.com/librar y/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.03.00ACUSST_5.03.02FEWAEXSOWA 1/6 A. B. C. 1. a. b. c. d. 2. a. b. c. d. e. D. 1. 2. E. 1. F. 1. a. b. 5.03.02 - Fences and Walls, Excluding Sound Walls Fences or walls shall be permitted principal uses in all districts, subject to the restrictions set forth in this section, unless speci⌀⌅cally exempted; however, a fence or wall shall not, in any way, constitute a use or structure, which permits, requires, and/or provides for any accessory uses and/or structures. A fence or wall may be located on a lot line, but no fence or wall (including foundation) shall protrude in full or part on adjacent property or right-of-way. Residential (RSF, RMF, RT, VR, MH) and TTRVC zoning districts and designated residential components of PUDs shall be subject to the following maximum fence and wall heights: If located within the required front yard: Lots greater than 1 acre: 6 feet. Non-waterfront interior lots 1 acre or less: 4 feet. Waterfront lots 1 acre or less: 4 feet. Corner lots 1 acre or less: fences closer than 10 feet to the longest lot line frontage of a corner lot, 4 feet; when placed at 10 feet or greater from the longest lot line frontage, then 6 feet. If located within the required side and/or rear yard(s). Lots greater than 1 acre: 6 feet. Non-waterfront interior lots 1 acre or less: 6 feet. Waterfront lots 1 acre or less: 6 feet side yard(s); 4 feet in rear yards. Public Utility Ancillary Systems: 8 feet. Corner lots 1 acre or less: 6 feet (there is no rear yard on a corner lot). Commercial and Industrial zoning districts, excluding the TTRVC zoning district; Business Park zoning districts; and designated commercial, industrial and business park components of PUDs shall be subject to the following maximum fence and wall heights: Fences or walls shall be limited to a maximum height of 8 feet. The County Manager or designee may approve an administrative variance from the height limitations of fences and walls in commercial and industrial zoning districts provided that at least one (1) health, safety, or welfare hazard peculiar to the property is identi⌀⌅ed, and that such approval does not address a generic problem more properly corrected by an amendment to this Code. Agricultural and Conservation zoning districts: Fences and walls within agricultural districts shall be exempt from height and type of construction. Fence and wall design standards in all districts: Measurement of fence or wall height: Existing ground levels shall not be altered for the purpose of increasing the height of a proposed fence or wall except as provided for in this section and section 4.06.00. 8/9/2016 Collier County, FL Land Development Code https://www.municode.com/librar y/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.03.00ACUSST_5.03.02FEWAEXSOWA 2/6 i. ii. c. 2. 3. 4. a. Determination of ground level. The height of a fence or wall shall be measured from the ground level at the fence or wall location. The County Manager or designee shall determine the ground level for the purposes of measuring the height when it has been determined that the ground level has been altered for the purposes of increasing the height. In such determinations, the County Manager or designee may consider, but is not limited to, the following facts: General ground elevation of the entire lot. In the case of a lot with varying ground elevations, the average elevation over the length of the fence or wall and at points in the vicinity of the fence or wall. The ground elevation on both sides of the fence or wall. In measuring the height, the ground elevation on the side of the fence or wall location that is at the lowest elevation shall be used as a point from which the height is to be measured. Fences and walls shall be constructed of conventional building materials such as, but not limited to, precast concrete, composite fencing materials, concrete masonry, brick, wood, decorative iron or steel, wire or chain link, as speci⌀⌅ed herein. Fences and walls shall be constructed and maintained in a manner as to not create a safety hazard or a public nuisance. Safe Distance Sight Triangle: A safe distance sight triangle shall be maintained where any property abuts the intersection of 2 rights-of-way (see subsection 6.06.05 C.). The triangle is created from the point of intersection and extends parallel to the abutting rights of way for a distance of 30 feet, connected by a line to create the 3 side. Any portion of a front yard fence or wall within this triangle is restricted to a height of 3 feet. (See Figure 5.03.02 F.4). rd 8/9/2016 Collier County, FL Land Development Code https://www.municode.com/librar y/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.03.00ACUSST_5.03.02FEWAEXSOWA 3/6 5. a. b. G. 1. a. Figure 5.03.02 F.4 Fences and walls shall be constructed to present a ⌀⌅nished side of the fence or wall to the adjoining lot or any abutting right-of-way. If a fence, wall, or continuous landscape hedge exists on the adjoining parcel, this provision may be administratively waived by ⌀⌅ling the appropriate application for consideration by the County Manager or designee. Barbed wire, razor wire, spire tips, sharp objects, or electronically charged fences are prohibited, except that the County Manager or designee may allow the use of barbed wire in conjunction with a fence for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. Supplemental Standards. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: Chain link (including wire mesh) and wood fences are prohibited forward of the primary façade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in 8/9/2016 Collier County, FL Land Development Code https://www.municode.com/librar y/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.03.00ACUSST_5.03.02FEWAEXSOWA 4/6 b. i. ii. iii. 2. a. b. 3. H. 1. a. b. c. d. front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence. Fences forward of the primary façade, excluding chain link, wire mesh and wood are permitted under the following conditions: Fences shall not exceed 4 feet in height. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. The fence style must complement building style through material, color and design. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings): If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. The fence shall be screened by an irrigated, living plant hedge at least thirty (30) inches in height at planting and spaced a distance apart that will achieve opacity of 80 percent sight- obscuring screen within one year of planting. Barbed wire is only authorized within agricultural, commercial, industrial districts and on fences surrounding public utility ancillary systems in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., a jail or penitentiary, or by application and decision by the County Manager or designee. Wall requirement between residential and nonresidential development. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, a masonry wall, concrete or pre-fabricated concrete wall and/or fence shall be constructed on the nonresidential property consistent with the following standards. Height and Location. If located on a contiguous property, then height shall be 6 feet to 8 feet and placement shall be no less than 6 feet from the residentially zoned district. If located on a property opposite a residentially zoned district but fronting on a local street or roadway, or the properties are separated by a platted alley, then height shall be 4 feet and placement shall be a minimum of 3 feet from the rear of the right-of-way landscape bu⌀켅er line. If a property fronts on more than 1 street, then height shall be 6 feet and placement shall be required along the street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. 8/9/2016 Collier County, FL Land Development Code https://www.municode.com/librar y/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.03.00ACUSST_5.03.02FEWAEXSOWA 5/6 2. a. b. 3. a. 4. a. I. 1. a. 2. a. These regulations shall not be construed to require a masonry wall and/or fence for properties used as golf courses or preserve areas and non-residential development fronting on an arterial or collector roadway where the opposite side of such roadway is zoned residential or to be otherwise inconsistent with the provisions of section 5.05.08(B) of this Code. Landscaping requirements. When the placement is within the required landscape bu⌀켅ers, then the required vegetative plantings and irrigation for the bu⌀켅er shall be located on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. When the placement is outside of a required landscape bu⌀켅er, then the wall and/or fence shall be screened with an abutting, continuous irrigated hedge on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. Timing of installation. The wall and/or fence shall be constructed following site plan approval but prior to the occurrence of any vertical construction or other site improvements. At the County Manager or designee's discretion, if site conditions warrant, the wall may be constructed in phases and/or after vertical construction or site improvements commence, depending upon the location of a⌀켅ected residential areas. Deviation from wall requirement. At the applicant's request, the County Manager or designee may determine that a masonry wall and/or fence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development, or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be e⌀켅ectively accomplished, without constructing a wall, by providing an alternative design and a descriptive narrative through an Administrative Fence Waiver application, as set forth in the Administrative Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved, the approval and its basis shall be noted on the site development plan and the administrative variance approval letter. Special fences and walls. Sound Walls: Sound walls erected by, or at the direction of, any government entity for purposes of attenuating sound from an interstate, collector or arterial roadway shall be exempt from height restrictions. Public utility ancillary facilities. See subsection 5.05.12. 8/9/2016 Collier County, FL Land Development Code https://www.municode.com/librar y/fl/collier_county/codes/land_development_code?nodeId=CH5SUST_5.03.00ACUSST_5.03.02FEWAEXSOWA 6/6 (Ord. No. 05-27, § 3.EE; Ord. No. 08-63, § 3.S; Ord. No. 10-23, § 3.CC; Ord. No. 12-38, § 3.S; Ord. No. 14-33, § 3.M)