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Agenda 12/17/1997 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 17, t997 5:05 P.M. NO t'lCE: ALL PERSONS WISHING TO SPF. JLK ON ANY AGENDA ITEM MUST REGI~I~R PRIOR TO SP~G. ~OU~ TO ADD~S ~E BOA~ ON SU~ ~I~ ~ NOT ON AGE~A MUST BE SUBMI~ED ~ W~G WI~ [~A~ON TO ~ CO~ ~M~TOR AT LEAST 13 DAYS P~OR TO ~E DA~ OF ~g ~~ ~L BE HEA~ UNDER ~PUBLIC PE~ONS". ~ PITON WHO DEC~ TO ~P~L A B~C~ION OF TH~ BO~ ~ ~ A ~CO~ OF ~ PROCEED~GS P~RTA~G ~E~O, ~ ~[~~ ~Y TO [NSU~ THAT A ~A~M ~CO~ OF ~[ PRO~D~GS ~ ~ ~CO~ ~CLUDES THE T~ONY ~D [~N~ ~N ~I~ ~ ~ ~ ~G~D PUBLIC SPEA~ ~ B~ ~~ TO ~ (~ M~ p~SION FOR ADD~ON~ T~IE IS G~N~D BY ~ ~- ~S~D LISTEN~G DEVIC~ FOR ~E H~A~G ~A~B A~ AV~~ COU~ COMMISSIONE~' OFFICe. INOUIRIY. S CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO COUNTY ADMINISTRATOR*S OFFICE AT ?74*8383, EXE~ SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-10~ 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 THREF~ ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODF-, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE GENERAL PROVISIONS, DMSION 1.6. INTERPRETATIONS; ARTICLE 1, ZONING, DMSION 2.1l. ZONING DISTRICTS~ PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DMSION 2.4. LANDSCAPING AND BUFFERING, DMSION 2.5. SIGNS, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DMSION 3.2. SUBDMSIONS, DMSION 3.4. EXPLOSIVES; ARTICLE 6, DMSION 6.3. DEFINITIONS~ INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ANTIQUE STORES, PAWN SHOPS, USED MERCHANDISE STORES~ ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX AIRPORT ZONING, BY REPLACING ZONING MAP B, MARCO ISLAND AIRPORT, ZONING MAP C, EVERGLADES AIRPORT~ ZONING MAP D., IMMOKALEE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE~ INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX~ EFFECTIVE DATE. DJ~IE.C~X~4 To have the Board of Comity Commissioner's review and ~pprove thc proposed LDC amendments. CONSIDERATIONS: This is the ~cond of two (2) required cvenin$ public hearinss for the Iuly 1997 LDC amendment cycle. The Board's first hearing wss held on December 2, 1997. Thc Collier County Plannin8 Commission (CCPC) held their initial hearin$ on these items on November 13, 1997. At that initial hcarin~ all of the amendments proposed by staff were supported by straw poll, except that the CCPC proposed some minor chanses to the amendment to Section 2.4.3.1, the requirement for · sil~naturc and seal of a landscape architect on landscape plans submitted with site development plans, in order to further clsrify the intent of thsi section. At their second hcarinl~, held on November 25, 1997 the CCPC took the followin~ action~ approved to forward the proposed amendments as submitted by staff to the BCC with a recommendation for approval, excluding the amendment dealing with the sign code (Div. 2.5.); the amendments dealing with regulations on blasting (Sections 3.4.7.1.3., 3.4.7.1.34., and Section 3.4.13.5); and the proposed amendment to the landscape code. A separate motion was then made by Commissioner York, seconded by Commissioner Budd to approve the proposed amendment to the sign code. This motion was approved by ~s vote of 6-0, with Commissioner Davis abstaining due to the fact that he is a principal owner in a sign company. A third motion was then made by Commissioner York, seconded by Commissioner Perone, to approve the blasting amendm~ta. This motion was approve by a vote of 6-0 with Commissioner Priddy abstaining -- his family hu interests in a rock quarry. Finally, a fourth motion was made to forward the proposed amendment to the landscape code with the recommendation that the language b~ r~,turned to what it was prior to October 1996. This motion was approved by a vote of 4-3 with the minority members of the commission supporting the language that was reviewed and supported at their first CCPC meeting. These amendments have been reviewed by the Development Services Advisory Committee (DSAC). All amendments, as submitted, were supported by the DSAC. FISCAL IMPACT: Fiscal impacts resultant from or related to these proposed LDC Amendments are discussed separately on the attached cover sheets. GROWTH MANAGEMENT IMPACT: All of the proposed amendments have been reviewed for compliance with the Growth Management Plan and have been found to be in compliance with and supportive of the Collier County Comprehensive Growth Management Plan. PREPARED BY: ROBERT I. MIJLHERE, AICP CURRE~ PLANNING MANAGER DATE G SERVICES DEPARTMENT DIRECTOR V~CENT A~ CAUTERO, AICP A~MINISTRATOR DATE COMMUNITY DEVELOP~ &ENVIRO~AL SERVICES =2- P TO: FROM: DATE: RE: MEMORANDUM COLLIER COUlCrY pLANNING COMMISSION COMMUNI~ DEV. & ENV. SERVICES DMSION NOVEMBER 17, 1997 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUlCrY LAHD 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 ~ LAND DEVELOPMENT CODE, MORE SPECIFICALLY ~ING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.6. iNTERPRETATIONS; ARTICLE 2, ZONING, DMSION 2.2. ZONIlqG DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DMSION 2.4. LANDSCAPING AND BUFFERING, DMSION 2.$. SIGNS, DMSION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDMSIONS, DMSION 3.4. EXPLOSIVES; ARTICLE 6, DMSION 6.3. DEFINITIONS, I~CLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ANTIQUE STORES, PAWN SHOPS, USED MERCHANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY REPLACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLADES AIRPORT, ZONING 'MAP D., IMMOKALEE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. CONSIDERATIONS: Due to the fact that thcr~ ar~ changes proposed to po-mitted and conditional uses, the Planning Commission is r~uired to consid~ these amendments during two (2) gwning hearings. The first of these two r~luired public hearings was held on Thursdsy, Nov~mb~' 13, 1997, at $:05 P.M. This is tho staffrqx)rt for tho second of those two required public he~-ings scheduled for Tuesday, Novernb~' 25, 1997 in the Board H~aring Room on the third floor of the Administration Building. . . cov~ she~-"t o~ proposed changes can be found on tho ~ts p~ · d~pfi~ of ~c _ ...[ sheei provides the result of lbo Plannin$ Commission's str~w ballot on each amendment, and a description of any changes directed by the CCPC relativ~ to a particular smendment. Th~so amendments have been submitted to various departm~ts, agencies and r~iow enliti~s, includin~ ~he D~tolopm~nt Services Advisory Commitl~ (DSAC). STAFF RECOMMENDATION: StstT is requesting that the CCPC review th~ proposed changes and rgconuncnd ~ny chang~ deemed ~propriate. Staff will incorporate tho r~,ommendstions of the Planning Commission into an executive summary for pr~,mtstion to tho Board of County Commisslon~rs at tho Board's LDC Am~ndm~t h~aring scheduled for Tu~tsy, D~,emb~r 2, 1997, 5:05 P.M. (Tho second BCC hosting is scheduled for Wednesdsy, ~ber l?, 1997 $:05 P.M.). PREPARED BY: CURRENT PLANNING SECTION MANAGER DONALD W. ARNOLD, AICP PLANNING SERVIC'F,S DEPARTMEI~ DIRECTOR VIN~ A. CAUTERO, AICP COMMUNrrY DEV. & ENV. SERVICES ADMINISTRATOR DATE COLI21~ COUNTY P~L~G COMMISSION: MICHAEL A. DAVIS, CHAIRMAN ORIGIN: Current Planning AUTHOR: Wayne Arnold, AICP, Planning Sen4ces Director DEPARTMENT: Planning Services LDC PAGE: LDCI:I0 - LDCI:12 LDC SECTION: 1.6. CHANGE: Revisions to Section 1.6. to clarify that an appeal of an interpretation may be requested by the applicant for such interpretation, as well as any affected .~'TSOn. Additional changes specify the time frame within which an interpretation, once rendered, remains effective, and prohibits additional request for interpretation of the same issue during this effective time period. REASON: Once an interpretation is requested, the appropriate action for sh~rf, is to amend the section of a particular code which is unclear and warranted the interpretation. If · particular code is clear and the stafffinds that no further amendment is necessary for clarification, or if any affected individual or entity disagrees with staff's interpretation, they may appeal such interpretation. Where an interpretation is site specific, property owner~ within 300 feet are noticed. In all cases, interpretations are advertised both when the requesi for interpretation is received, and when the interpretation is rendered. This provides sufficient opportunity for any individual or entity to become familiar with the issues, and if they are so inclined, to provide staffwith any pertinent information. This also provides sufficient opportunity for an affected individual or entity to appeal the interpretation once it has been rendered. It is counter productive and unnecessary to allow additional requests for interpretation on a particular issue once an official request for interpretation has be.,,m received, or an appeal an appeal of an interpretation has been initiated. Ofcourse, at any time, additional relevant information may be submitted to staff for consideration. FISCAL & OPERATIONAL IMPACTS: None NOTE: The Development Services Advisory Committee (DSAC) reviewed this amendment on November 5, 1997, and recommended that the t~,. "affected property owner" bo defined. Staffconcurs and has included a definition of "affected property owner" and aggrieved or adversely affected party as provided in Florida Statutes Chapter 163.3215(2), Tho DSAC also recommended inserting a sentence into the last paragraph of section 1.6.6. stating that "Failure of thc ~plicant, affected property owner, or a~grieved or adversely affected party lo comply with the requirements of this section is jurisdictional and failure to comply will constitute a waiver of the right to at~tesl." Staffdoes not concur with this recommendation. It is staff's opinion ~ the code is clear in rating thai an ~ mu,~ be received in writin& with',~ within day, or the dar, or or tho int=p, o , of~e ~g of~e nonfiction of~e ~t~~ ~ ~e ~ my ~ ~ ~ ~~ ~[] is currently writien, nullifies the fight to appeal. Staffis ofthe opinion that this is sufficiently clear. CCPC FINDINGS (as of November 13, 1997 Public Hearing): Tho Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. RELATED CODES OR REGULATIONS: None DIVISION 1.6. INTERPRETATIONS Sec. 1.6.1. Authority. The planning settees director shall have the authority to make all interpretations ofthe text of this code, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of'the text of the growth management plan and the boundaries of land use districts on the future land use map. The chief building official shall have the authority to make all interpretations of the text of this code on matiers related to the building code, building permit requirements, building construction administrative code or building permits. In cases where interpretations of both the building official and planing services ~ are requested jointly, any conflict shall be resolved by the community development and environmental services administrator. See. 1.6.2. Initiation An interpretation may be requested by any affected person, resident, developer, larat owner, government agency or department, or any person having a contractual interest in land in Collier See. 1.6.3. Procedures. 1.6.3.1 1.6.3.2. Submission ofr~iuest for intron. Before an int~fion shall be provided by the planning services director, or chiefbnilding official, whi~ is applicable, a request for in--on shall be submitted to the planning services director or chiefbuilding official, whichever is applicable, in · form established by him. A fee for the r~quest and processing ofthe request shall bo established at a rate set by th~ board ofcounty commissioners from thn~ to timo and sh l be charged to and paid by Detmnination ofcompleieness. Atter a mtuest for intetpmaliou h~ bmn~ 1.6.3.2.1. 1.6.3.3. .~pplicable, shall determine whether the request is complete. If the planning services director or chief or building official, whichever is applicable, determines that the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The planning services director or chief building official, whichever is applicable, shall take no further action on the requ~t for interpretation until the deficiencies are remedied. Notification of affected property owner. Where a site specific interpretation has been requested by a party other than the affected property owner, Collier County shall notify the property owner that an interpretation has been requested concerning their property. Rendering of interpretation. After the request for inte~retation has been determined complete, the planning services director or chief building official, whichever is applicable, shall review and evaluate the request in light of thc growth management plan, the future land usc map, the code and/or the official zoning atlas, and building code related matters, whichever is applicable, and render an interpretation. The planning services director and the chief building official may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and sufficiency. Interpretations made pursuant to th/s section shall be rendered within 45 days of issuance of a determination of completeness made pursuant to section 1.6.3.2. See. 1.6.4. Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. See, 1.6.5. Official record. The community development and environmental services administrator shall maintain an official record of all interpretations rendered by either thc planning services director or ch/cf building official, which shall be available for public inspection during normal business hours. 1.6.5.1. .x!~ti=: cf int:~r:ta:i:n Notice of interp_ retation.. The commurfity development and enviwnmental services administrator shall provide public notification upon the issuance of an interpretation. For general interpretations of the building code, Comprehensive Growth Management Plan or Land Development Code, notice of thc C~-!= interpretation and appeal time-frame shall be advertised in a newspaper of general circulation in the County. For interpretations affecting a specific parcel of land, notice of the interpretation and appeal be advertised in a newspaper of general circulation, and mail nouce ox DEC 17 1997 iatcrpretation shall be sent to all property owners within 300 feet of the propeixy !i nes of thc land for which the interpretation is effective. ~?'ective time limits of an inte~, retation. An interpretation rendered by the ,:jannmg services director or the building official as the case may be. shall r:main in effect until the appropriate code is mended to clari _fy the applicable ;rovision or provisions which warranted the interp, retation are amended, or until such time as the interpretation is adopted, modified, or re_/ected as a result of all appeal to the board of appeals and/or the building board of ad_iustments and ,'~peals, by the applicant or other individual or enti _ty identified in sec. 1.6.2. of i, his code. During the time the interp, retation is rendered and the time the ~appropriate code is amended, or in the case of an appeal, until such time as the board of zoning appeals and/or the building board of adjustments and appeals kgs rendered its finding, no further request for interpretation regarding the same is.sue shall be permitted. Sec. i.(~.6. Appeal to board ofzoning appeals or building board ofadjustments and appeals. .: .. J:?s after receipt by the applicant or affected property owner of a written in,., ,::r:::~',;c n sent by certified mail return receipt requested by the planning services director or chic; ~:~ :il :!i:': i~ official, or within 30 days of publication of public notice of interp_ retation, the a?> ......... ~li~f~.cted property, owner, or aggrieved or adversely affected party may appeal the int~::'7 ?:~:~.::~:>~ Io the building board of adjustments and appeals for matters relating to building and ~cc;~,~;ic;~.l codes as shown in division 1.18 or to the board of zoning appeals for all other mattcrs in this code. For the purposes ofthis section, an affected property owner is d~fined an c~:'~;::.:~,.;:7~zgperty located within 300 feet of the property_ lines of the land for which the into~-,~ ~,:~., i~ effective. An a~zerieved or affected t~artv is defined as any t~erson or group of ~'~ ~:.:~,_:,'_:',~i:h will suffer an adverse effect to an interest protected or furthered by the Collier Co~,-- ;',,~L~_~ .~v'",~ Management Plan. Land Develonment. Code. or building_ code(s).. _ As t~rovided for ' ~" " _ ~11 r lon~ Statures. § 163.3215(2). the alleged adverse interest may be shared in common ~y..illl_£~.k~'t.CLm embers of the cornmuni _ty at large, but shall exceed in de_re'ce the general interest ilIX ~.f.~l.~unity good shared by all persons. A rcq,.l~zi, for appeal shall be filed in writing. Such rex!_uest shall state the basis for the appeal and ,~,~~ude any pertinent information, exhibits and other baekun information in support of t',) c__n~p, rad,. A fee for the application and processing of an appeal shall be established at a rate set by the board of county commissioners fi'om time to time and shall be charged to and paid by tM applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public heating on the appeal and shall consider the interpretation of the planning services director or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the code or the official zoning atlas, or building code related matters, whichever is applicable. The board ofzoning appeals or the building board ofadj~ appeals, whichever is applicable, shall adopt the planning services director's or ch official's interpretation, whichever is applicable, with or without modifications or or reject his interpretation. The board of zoning appeals or the building board of a 12/05/97 4 :onditions, iusli)t" t 7 1991 snd appeals, whichever is applicable, shall not be authorized to m~i~ or ~j~t ~e piing ~ces director's or c~efbuilding offici~'s int~tion ~l~s ~ch ~d finds ~t ~e d~ina~ion is not ~~ by ~b~tial ~mp~t ~id~ or ~a ~c int~tion is ~ to the ~o~ m~ag~t pl~, ~e ~ l~d ~e map, ~c ~e or ~c official ~ all~, or buildin~ ~ w~ch~ is ~li~le. ~e, whichcver is a~l~. 12/0~97 No. ~ DEC 1 ? 1997 ORIGIN: AUTHOR: Community Development & Environmental Services Ronald F. Nino, AICP Chief Planner DEPARTMENT: Planning Services LDC PAGE: Page 2.43, 2.60 LDC SECTION: 2.2.12.2.1, 2.2.16.2.1 (Clarification of Permitted Office Type use for Landscape Architects and the like in the C-1 District) CHANGE: Amend Section 2.2.12.2.1 Permitted Uses for the C-1/T and Industrial District to add the use of Landscape and Horticultural Services, (SIC Group 0781). REASON: Current provisions of the Land Development Code make no provision for businesses generally defined as Landscape and Horticultural Services which includes Landscape Architecture (Counseling and Planning), Garden Planning and Horticultural advisory or counseling services. These professional services are similar to the services now allowed under the heading of Engineering, Accounting, Research Management and Related Groups in the C-1/T. Additionally, these uses are permitted in the Industrial District. Furthermore Landscape Architectural Offices have historically been authorized in these zoning districts under the similar catch all provision. Therefore, it is appropriate to specifically provide for these uses in the Code utilization the appropriate SIC code references. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of November 13, 1997 Publio Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. Amend the LDC as follows: Section 2.2.12.2.1 12/05/97 10:43 AM Permitted Uses DEC 1 ? 1997 ,,,. Offices for Engineering, architectural and surveying services (groups 0781,. 8711 - 8713). Section 2.2.16.2.1 Permitted Uses Agricultural services groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722-0724, 0761, 0781~.~-r 0783). 2.2.12.2.1 - 2.2.16.2.1 LDC AMENDMENT/RFN/md/H:MARIE'$ LDC 12/05/97 10:43 AM OR/GIN: Current Planning AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE: LDC2:43, LDC2:53, LDC2:56 LDC SECTION: 2.2.12.3.9, 2.2.15.2.1.21., 2.2.15 'A. 2.1.12. CHANGE: Delete SIC 7261 (funeral service & erematofies) as a conditional use in C-1. REASON: Identification of SIC 7261 in Section 2.2.12.3.9. as a conditional use in C-1 is in conflict with identification of this use as a permitted use in 0.4 (Section 2.2.15.2.1.21 .), with the exception of crematories, which are specifically identified as a permitted use in C-5 (Section 2.2.15 'A.2.1.12.). The proposed change would eliminate this inconsistency. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of Novomher 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 2.2.12.3. 12/05/97 Conditional uses. The following uses are permissible as conditional uses in the commercial professional/transitional district (C-l, C-l/T), subject to the standards and procedures established in division 2.7.4. 10:43 2. 3. 4. 5. 6. 7. Civic, social and fraternal associations (8641). Depository institutions (groups 6011-6099). Educational services (8211-8231). Health services (8011-8049). Homeless shelters, as defined by this code. Increased building height to a maximum of 50 feet. Mixed residential and commercial uses subject to the following criteria: 1 1997 ao A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and of the neighboring lands; The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; The residential uses are designed so that they are compatible with the commercial uses; do Residential dwelling units are located above principal uses; Residential and commercial uses do not occupy the same floor of a building; The number of residential dwelling units shall be controlled by the dimensional standards of the C-l, C-1/T district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; i. The residential dwelling units shall be restricted to occupancy by the owners or les?,ees of the ~ornrnercial units below; '~'~" ~' ~rn'~f 30 percent of the mix~ usc dev.elopm~t, sha!! b~c ~' maintained as open .space. The following may oe usca to sausry the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. the mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pc lestrta~£~r~/~ tial ut~9.s~ vehicular accessways and parking areas from rcside~ the greatest extent possible. 2 1997 12/05/97 10:43 AM Nursing and personal care facilities (8082). Religious organizations (8661). Soup kitchens, as defined by this code. 11. Veterinarian's oftic~ (0742), excluding outdoor kenneling. 2.2.12.3.9. LDC AMENDMENT/RG/md/H:MARIE'S LDC 12/05/97 10:43 AM DSC 17 '~997 ORIGIN: Current Planning AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE: LDC2:435 LDC2:53 LDC SECTION: 2.2.15.2.1.21.; 2.2.16 CHANGE: Delete SIC 7221 (photo atudio), 7231 (beauty shop), 7241 (barber shop) and 7251 (shoe repair/shine) as permitted uses in C-4 (Section 2.2.15.2.1.21.), changing this Section to read as follows: Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291 - 7299). Addition of small scale personal service uses to industrial zoning district as permitted uses. REASON: Identification of SIC 7221, 7231, 7241 and 7251 as permitted uses in 0-4 (Section 2.2.15.2.1.21 .) is redundant to identification of these uses as permitted uses in C-2 (Section 2.2.13.2.1.19). The proposed change would eliminate this redundancy. Addition of several small scale personal service type uses to thc industrial district is proposed by staffas there have been numerous request for these type uses over the past few years. These uses, in the opinion of staff, arc small in scale and will not detract significantly from thc inventory of land available for industrial development. These small scale personal service type uses can be considered accessory and a convenience to the employee base with a particular industrial district. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 2.2.15.2.1. 12/05/97 Permitted uses. Unless otherwise provided for in this code, all permitted uses in the C-3 commercial intermediate district. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). 10:44 Amusements and recreation services, indoor (groups 791 .'ma~ 'ZOOl- 7993, 7997, 7999), outdoor (7999), including only fishing ers a~.[~i~ operation, houseboat rental, pleasure boat rental, operation o 'party"fi'shihg boats, canoe rental. ~EC 1 7 1997 12/05/97 Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in Section 2.6.28, 5571, 5599 new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to thc following criteria: a. [Size of vehicles.] Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. Lot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture. Thc building shall maintain a consistent architectural theme along each building facade. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. 10:44 AM Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides covered by a roof. Vacuuming facilities may be locat, building, but may not be located in any required yard 2 out~$.e ~u~l~.~ 1997 12/05/97 Hours of operation. Carwashes abutting residential districts shall be closed from I0:00 p.m. to 7:00 a.m. Building materials, hardware and garden supplies (groups 5231-5261). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361- 7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial printing (2752, excluding newspapers). Communications (groups 4812-4841) including communications towers up to specified height, subject to section 2.6.35. I0. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locational requirements of section 2.6.10. 11. Engineering, accounting, research, management and related services (groups 8711-8748). 12. Glass and glazing work (1793). 13. Group care facilities (Category I and II, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. 14. Hospitals (groups 8062-8069). 15. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 16. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. 17. Miscellaneous repair services (groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catchbasin, septic tank and cesspool cleaning. coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial track repair, machinery cleaninv., revair of ~ ' ENDA service station equipment, boiler cleaning, tinsmithing, tracto'~ ~ ~ 18. Miscellaneous retail (groups 5912-5963, 5992-5999). 10:44 AM 3 DEC 1 ? 1997 /7 19. 20. 21. 22. 23. 24. 25. 26. Motion picture theaters (7832). Public or private parks and playgrounds. Personal services (groups 7215, 7217, 7219 725! 2Zli,_22fil except crematofies, 7291-7299). Real estate (group 6512). Social services (groups 8322-8399, except for homeless shelters and soup kitchens). [Reserved.] Vocational schools (groups 8243-8299). Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district. Sec. 2.2.16. Industrial district (I). 27. Personal services (groups 7211-724-9ik..7.2~). 2.2.15.2.1.2 I. LDC AMENDMENT/RG/md.,TI:MARIE'S LDC 12/05/97 10:44 AM 4 D£¢ 1 7 ORIGIN: Current Planning Section AUTHOR: Bob Mulhere, Current Planning Manager Susan Murray, Principal Planner DEPARTMENT: Planning Services LDCPAGE: LDC2:48 LIX72:49 Article 6, Definitions CIIANGE: Amend language in the LDC to allow all uses dealing with secondhand merchandise (a~ defined in SIC Code # 5963), excluding Pawn shops and retail sales of Used Building Materials, as a permitted use rather than a conditional use in the C-3 zoning district. REASON: Create definitions for antique shops, used merchandise stores, and pawn shops. The C-3 zoning district allows a variety of retail type of uses by fight. With the exception of Pawn Shops and Used Building Materials, retail Antique shops and Secondhand Merchandise stores are very similar in nature and use to those type of retail stores already permitted by fight. Definition change: Antique shops, Used merchandise stores and Pawn shops, all deal with the retail sales of used merchandise. While Antique stores and Used merchandise stores are similar in the impacts associated with their businesses, the impacts of their uses tend to be different fi.om Pawn shops. In order to clarify the difference in their uses, definitions for each are proposed. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 2.2.14.2.1. Permitted Uses. 15. Miscellaneous retail (groups 5912-5963, except pawnshops and building mat. -~;-" ::'ifil .....-~--' -"'~'~-'~;~'~ 5992-5999) :~als. ^GEN DA, rI~E"¥ NO. ~ DEC 1 7 1997 2.2.14.3. Conditional Uses. Antique stores: Establishments engaged in the retail sales of artifacts, collectibles or objects having special value because of their age. especially a work of art or handicraft item that is more than 100 years old. or keepsakes cherished for their age or association ~with a person, place, event or time. Pawn shops: Establishments which are willing to provide loans to customers in exchange for merchandise which is ,t~. ically held as a pledge against the payment of the loan and which arc engaged in the retail sales of second-hand or used merchandise. Used merchandise stores: Establishments engaged in the retail sales of second-hand merchandise .typ. ically consisting of household items including clothing, home furnishings, books and musical instruments. F(O...~ )EO ). "/1997 ORIGIN: Current Planning AUTHOR: John H. Drury, Executive Director Bryan Milk, Principal Planner DEPARTMENT: Planning Services Department LDC PAGE: 2:82, 2:83, 2:84, 2:85 LDC SECTION: 2.2.23.2.1, 2.2.23.2.2, 2.2.23.2.4 CHANGE: The Collier County Airport Authority has updated the Airport Master Plan Zoning Maps to provide changes to airport runway status, approach zone heights, approach zone lengths, and the horizontal zone radius and width. REASON: Thes~ changes are a result of the Collier County Airport Authorities continual evaluation process for each of the airports in Collier County. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None NOTE: This amendment was recommended by the Collier County Airport Authority. The Development Services Advisory Committee recommended approval of this amended with the exception that paragraph 6 of section 2.2.23.3.1. as proposed be removed in its entirety. CCPC FINDINGS (as of Nove~l~er 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment, (8-0) as set forth below. Amend the Land Development Code as follows: Sec. 2.2.23. Airport overlay district (APO): special regulations for specified areas in and around the airports in Collier County. 2.2.23.2.1. Primary zone. An area longitudinally centered on a runway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. The width of each primary zone is as follows: Airport~ 12/05/97 Runway 10:45 AM ZONE WIDTH flEET) Ty~e 1 I~10. ~ DEO 1 7 1997 Naples Marco Island Everglades lmmokalec 2.2.23.2.2 3 3 .q..4:~ Othcr than utilitylnon-prccision instrument 500 22~,~3. Other thru utility/prccision instrument 1,000 7-35 ~ Uutility/non-precision instrument 500 15-33 Ut il ity/vi~al 250 9-27 Other than utility/~s-precision instrument ~].000 18-36 Other than utility/non-precision instrument 500 4-22 Utility/visual 250 1. Primary zone height. No structure or obstruction will be permitted within the primary zone that is not part of the landing and takeoff area and is of greater height than the nearest point en the runway centerline. Horizontal zone. The area around each public use airport with an outer boundary, the perimeter of which is constructed by swinging areas of specified radii from the center of each end of the primary zone of each airport's runways and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as follows: Airports Naples Marco Island Everglades Immokalee 2.2.23.2.3. 12/05/97 HORIZONTAL ZONE RADIUS (FEET) Runway Type Radius ~' 3 3 ,t14-32 Other than utility/non-precision instrument i 0,000 4 22.5=22 Other than utili~/precision instrument lO,O00 17-35 f~2gr_ll:tga Uutility/non-precision instrument br000~ 15-33 Utility/visual 5,000 9-27 Other than utilityA,~-precision infa'ument 10,000 18-36 Other than utility/non-precision instrument 10,000 4-22 Utility/visual 5,000 Horizontal zone height. No structure or obstruction will be permitted in the horizontal zone that has a height greater than 150 feet above the airport height,_unless a Federal Aviation Administration Determination Of No HaTm'd TO Air Navigation has been issued. Conical zone. The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Conical zone height. Height limitations for structures in th, arc 150 feet above airport height at thc inner boundary with 10:45 AM NO. 2.2.23.2.4. Airports Naples Marco Island Everglades Immokalee Airports Naples 12/05/97 height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary. Approach zone. An area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface. An approach zone is designated for each runway based upon the type of approach available or planned for that runway end. Approach zone width. The inner edge of the approach zone is the same width as the primary zone. The outer width of the approach zone is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: APPROACH ZONE WIDTH (FEET) Runway Type Width 13 3 ! 14-32 Other than utility/non-precision instrument 3,500 4-5 Other than utility/non-precision instrument 3,500 ~.~23 Other than utility/precision insmsment 16,000 17-35 Other than Uittility/non-precision instrument 2,~tY2~-500 15-33 Utility/visual 1,250 9_ Qther than utility/~recision instrument 16.o00 -9-27 Other than utility/non-precision instrument 3,500 18 Other than utility/non-precision instrument 3,500 36 Other than utility/visual 1,500 4-22 Utility/visual 1,250 Approach zone lengths. The approach zone extends for the applicable horizontal distance as follows: APPROACH ZONE LENGTH (FEET) Runway Type Other than utility/non-precision instrument Other than utility/precision instrument Other than utility/non-precision instrument 10:45 AM 3 5o,000n°' ~ DE0 1 7 1997 M~rco Island Everglades Immok~lee 17-35 ~ Ulatiiity/non-prt¢ision instrument &3X~0 10.00~ 15-33 Utility/visual ~-27 Other than utility/non-precision instrument ! 0,000 ~ ~ther than utility_/~reciai~lLJallXm:a~al 50.00~ 18 Other than utility/non-precision instrument 36 Other than utility/visual 5,00~ Utilitylvisu,l 4-22 Approach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Airports Naples Mazco Island Everglades irnmokalee 2.2.23.7. APPROACH ZONE HEIGHT Runway Type .W~I4~-~ !3 ~.tL4:3.2 Other than utility/non-precision instrument 34:1 4~. other than utility/non-precision instrument 34:1 ~-~.23 other than utility/precision instrument 50: I/40:1 1%35 Qlkcff..fla~ Ulgility/non-precision instrument 20:1 15-33 Utility/visual 20:1 945 other than utility/~m-precision instrument $0: !/40:1 27 ~her than utili _ty/non-precision instrument 34: i 18 Other than utility/non-precision ins~t 34: I 36 Other than utility/visual 20:1 4-22 Utility/visual 20: I Precision instrument runway(s). One foot vertically for every 50 feet horizontally for the first 10,000 feet increasing to one foot vertically for every 40 feet horizontally for additional 40,000 feet. Non-precision instrument runways. One foot vertically for ever 34 feet horizontally. Visual runways. One foot vertically for every 20 feet hofiz ExemptionsJ _ 12/05/97 10:45 AM BE. Bi? 12/05/97 10:45 AM 5 No. ~ DEC 1 7 1997 APP. D, APP. I COLLIER COUNTY LAND DEVELOPMENT CODE ZONING MAP B. MARCO ISLAND AIRPORT I I I I I I LDCD: 4 II!~ DEO 7 1997 P~. APP. D, APP. i APPENDIX D - AIRPORT ZONING ZONING MAP C. EVERGLADES AIRPORT LDCD: 5 0 1 ? 199 APP. D, APP. I COLLIER COUNTY LAND DEVELOPMENT CODE ZONING MAP D. IMMOKALEE AIRPORT NO. 1997 LOCD: 6 ~'~- ~ ORIGIN: Community Development & Environmental Services AUTHOR: Bob Mulhere, AICP; Marjorie Student, Assistant County Attorney; Nancy L. Siemion, L. A. DEPARTMENT: County Attorney/Planning Services LDC PAGE: Page 2.138 LDC SECTION: 2.4.3.1 CHANGE: Amend Section 2.4.3.1 which contains requirements for landscape plans. REASON: In October of 1996, as part ora comprehensive review of the Collier County Landscape Code, staff submitted for consideration by the Board of County Commissioners, an amendment to Section 2.3.4. which required that landscape plans required in conjunction with Site Development and Subdivision plans (except for one and two family residential) be signed and sealed by a landscape architect, or otherwise be prepared by persons authorized to prepare landscape plans or drawings for submittal to government entities as outlined in Florida Statutes. The change recommended at that time, as a result of the ad hoc committee review of the landscape code, and supported by the Development Services Advisory Committee, the Planning Commission, and ultimately the Board, was to strike through the reference to other persons authorized to prepare landscape plans, and to require that a signed and sealed plan be submitted in conjunction with all SDPs (excluding one and two family projects). Staff's position was that such plans, as required by the LDC, are complicated and require an in-depth knowledge of speci tic plat materials, micro-climates, irrigation design and specifications, and interaction with the engineering and architectural professionals so as to result in a coordinated and complimentary site design. Such plans may show topography which affects the overall site drainage. Existing on-site vegetation may either be preserved or appropriately mitigated. Design of speci fie outdoor areas required by the County's commercial architectural standards may affect the siting of buildings and parking areas. Landscape plans are required to provide details on methods of preservation and construction (planting). The County has a minimum landscape code in order to protect and promote the public health safety and welfare, as well as the aesthetics of the built environment in Collier County. As stated, such plans can be very detailed and complex and require a combination of education, training and experience. Both the State and the County have identified licensure and registration as a landscape architect as a measure of defining the necessary combination of education, training and experience to prepare or supervise and review the preparation of such plans. Additionally, it has been the collective experience of the two landscape architects employed by the County, Mr. Joe Delate, ASLA and Ms. Nancy Sicnnion, ASLA, that the quality ,-md consistency ofplans submitted bearing the seal and signature of a landscape architect is significantly higher, and that considerably less staff oversight and review is necessary for plans bearing such a sea!. AGENDA .l~g~ No. State sta~ Mr. Raymond C. Pelletier, President of Ray's Lawn and Garden contends that the provide for an exemption for licensed nurserymen. The County Attorney's Office reviewing the information submitted by Mr. Pelletier, as well as the applicable st~ aft 3EC 1 7 1997 utes, opined~ that the County could require that such plans be signed and sealed by a registered landscape architect. The County Attorney's Office further opined the exemption in the State Statutes under Chapter 481.329 (5) applies only to "the preparation ofplans or drawings as an adjunct to merchandising of his product", namely nursery stock. Landscape plans required as part of the County's Site Development Review Process are different form plans prepared as an adjunct to merchandising nursery stock. The County Attorney's Office suggested that, for the purpose of clarity, the words "be prepared by and" be struck through. At the first CCPC hearing, the Planning Commission supported the concept of requiring a landscape architect's signature and seal on such plans, but recommended the language in the Code be amended to read as follows: "The landscape plan shall be prepared or reviewed by and bear the seal of a Landscape Architect registered in the State of Florida." At the November 25, 1997, CCPC heating, after listening to comments by several members of the pub~.ic, the Planning Commission voted (4-3) to recommend amending Section 2.4.3. from the current language to read as it did prior to the change made last year. Both the staff recommendation and the CCPC recommendation are provided below for the Board's consideration. It bears repeating to emphasize that the requirement to submit a signed and sealed landscape plan does not apply to single-family, duplex or mobile home development, nor does it apply to Site Improvement Plans. In calendar year 1996, 2705 approvals were granted for single-family homes, duplexes, mobile homes, and Site Improvement Plans. During that same year, 201 Site Development Plans were reviewed. Thus, of the total permits reviewed that have a required landscape element, only 7% fell in the category requiring the landscape architects seal and signature. In calendar year 1997, thrzugh November, 8% of the permits reviewed which have a required landscape element required the signature and seal of a landscape architect (234 of a total of 2,755 permits reviewed). Additionally, a staff analysis of the number of reviews required prior to approval of a landscape plan reveals that the number of reviews has decreased with requirement that landscape plans submitted in conjunction with an SDP be signed and sealed by a landscape architect. During that year, 29% of landscape plans submitted were approved on the first submittal. That number increased to 43% in 1997 when landscape plans were required to bear the seal and signature ora landscape architect. Additionally during 1997, the number of plans requiting three or more submittals prior to approval decreased by 50% (75 plans required three or more reviews in 1996 versus 36 plans in 1997). FISCAL & OPERATIONAL IMPACTS: This proposed change will not have a fiscal impact to Collier County. NOTE: The Development Services Advisory Committee reviewed this proposed amendment and supported the amendment as proposed by staff. AGEND~/~E~ RELATED CODES OR REGULATIONS: None. No. ~ I]FB 1 7 1997 Staff recommendation to amend the LDC as follows: Sec. 2.4.3. Procedures. 2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section shall submit a landscape plan to the development services director. The landscape plan shall ~ bear the seal of a Landscape Architect registered in the State of Florida,, The landscaping required for single-family, two-family, and mobile home dwelling units, shall be shown on the building permit plot plan ~ ~ is not required to be prepared by c.~d nor bear the seal of a landscape architect. Planning Commission Recommendation to the Board to amend the LDC is as follows: 2.4.3.1. Landscape plan required. Prior to the issuance of anY preliminary subdivision plat, final site development plan, or building permit, an · applicant whose development is covered by the requirements of this section shall submit a landscape plan to the planning services director. The landscape plan shall be prepared by and bear the seal of a landscape architect registered in the State of Florida ,or otherwise be prepared bg s_eq.) (.Landscape Architecture). The landscaping required for single- family, two-family, and mobile home dwelling units, shall be shown on the building permit plot plan ~ ~ is not required to be prepared by ~ aox bear the seal of a landscape architect. nl~-t~ my doc's/LDC 2.4.3.1 /9-22-97 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGES: LDC SECTIONS: CHANGE: REASON: Current Planning Chahram Badamtchian Planning Services 2:155,2:161 2.5.5.2.1., 2.5.5.2.3.8.2. Staff is proposing to correct typographical errors and inconsistencies. To correct typographical errors and reduce the height requirements for flagpoles. FISCAL & OPERATIONAL IMPACTS: This amendment will have no fiscal or operational impact on the County or on those regulated. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of November 13, 1997 Public Healing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. Amendment to the LDC as follows: SEC. 2.5.5.2.1. (1) One ground or wall "For Sale," 'For Rent," or similar sign with a maximum area of twe four square feet in size per street frontage for eaCh parcel, or lot less than one acre in size. (No building permit required.) SEC. 2.5.5.2.3 4.8. (2) On single-family or duplex lots flagpoles shall not exceed 2 30 feet in height above fi.-.!sh ~ grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the fiP, ish- ~]J,.sJ39~ grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 2. 35 feet in height above *~'-"~'~' fi/]J.sh~ grade ="" ,,,h.',-~, *~, ...... atk~,he~. In all other zoning districts, flagpoles shall not exceed 80 50 feet in height from the finished grade, Qor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30% of the length of the Dole to which it is affixed. 12/09/97 2:06 PM DEC 1 7 1997 LDC PAGE: 2:169 LDC SECTION: 2.5.10,3. CHANGE: Revisions to the extent of alterations permissible to a non-conforming sign. This change wilt eliminate an existing conflict in the Sign Code, REASON: Section 2.5.10.3. is in conflict with Section 2.5.10.6. FISCAL & OPERATIONAL IMPACTS: This amendment will have no fiscal or operational impact on the County. Sec. 2.5.10.6. requires that at least one of the non- conformities of the sign be removed, This may cause the property owner some additional expenses. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: SEC. 2.5.10.3. A non-conforming permanent on-premises or off-premises sign shall not be replaced by another non-conforming sign except that substitution or interchange of leEers, ~ctcr ~"~ ~"~ ~;"~ ~'~ ~' ~;'~"~*~ on non- ~nfo~ing signs shall be pe~i~ed through the period of non-~nfo~i~ established by this ~de. 12/09197 2:06 PM 2 NO. ~ DEC 3. ? 1997 LDC PAGES: LDC SECTION: CHANGE: REASON: 6.55, 6.56 6.3. Definition of roof and wall signs. To clarify what constitute a wall or a roof sign. FISCAL & OPERATIONAL IMPACTS: This amendment will have no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: Sign, rook Any sign erected, constructed, or maintained ~ on the roof, of 3n~,' ....... = or more than 18 inches above the roof. of any buildino. (See division 2.5.) Sign, wall er, fascia~: A sign affixed in a manner to any extedor wall of a building or structure which is parallel to and projects not more than 18 inches from the building or structure wall, and ,w~!c~ ~pe~s..not extend abeve-the more than 18 inches above the roof line of the mai~'~{]il~i~ o~ from the .ooint where the roof line intersects the parapet wall on which it [b.e,._,S[gD is located, which ever is more restrictive. ( See division 2.5) 12J09/97 2:06 PM 3 DEC 1_ "/1997 LDC PAGES: 2:156 and 2:157 LDC SECTION: CHANGE: REASON: 2.5.5.2.3.1. Requirements for Directory Signs. To prevent the proliferation of directory signs for large buildings, such as storage buildings with two or three businesses. FISCAL & OPERATIONAL IMPACTS: This amendment will have no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: Definition of directory signs. Amendment to the LDC as follows: 2.5.5.2.3.1. 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 two ground signs. 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 or more jg_de.oendent businesses will be permitted one directory sign with a maximum size of 250 square feet for a single entrance on each public street. _ 12J09/97 2:06 PM 4 NO. ~ DEC [ ? 1997 PI. ~ LDC PAGE: LDC SECTION: CHANGE: REASON: 6:53 6.3. Definition of Directory Signs. To comply with the revised directory sign requirements. FISCAL & OPERATIONAL IMPACTS: This amendment will have no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: Sec. 2.5.5.2.3.1. Pole or ground signs. Amendment to the LDC as follows: Sign, directory: An on-premises sign of permanent character indicating the name of five or more persep, r,-~: j[~[.e.D_~j3.d.~:tLbusinesses associated with, or event conducted upon, or products or services offered upon the premises upon which such sign is maintained. This sign may bea free-standing (pole. monument or ground), awning, or wall sign as otherwise permitted by this code. Such signs may have changeable copy. (See division 2.5.) 12/09/97 2:06 PM 5 13F. C ~. ? '~997 ORIGIN: Current Planning AUTHOR: Bryan Milk, Principal Planner DEPARTMENT: Planning Services Department LDC PAGE: 2:221 LDC SECTION: 2.6.35.6.2.1. CHANGE: To allow communication towers within the Business Park zoning district. REASON: The Business Park zoning district currently provides for commercial and industrial land uses. Communication towers are presently allowed in ail commercial and industrial zoning districts with restrictions. This amendment will allow communication towers in the Business Park zoning district with additional restrictions. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. Amend the Land Development Code as follows: 2.6.35.6.2. All commercial, business park. and industrial zoning districts: Any tower up to 75 feet in height is a permitted use subject to minimum yard requirements. Any tower that exceeds 75 feet in height up to a height of 185 feet is a lawful use only ifpermitted or otherwise provided in the respective zoning district and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VtL MH, TTRVC, or PUD zoning of six residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of 2.5. (The minimum separation distance is 2 ½ times the height of the tower.) Towers which do not meet the separation requirement may apply for a variance in accordance with section 2.7.5. 2.6.35.6.2.1. LDC AMENDMENT/BM/md/it:MARIE'S LDC 12/05/97 10:47 AM i HO. ~ DE0 17 1997 ORIGIN: Staff AUTHOR: Thomas E. <uck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC 3:52 LDC SECTION: Section 3.2.8.4.16, Add Paragraph 20 CHANGE: Add language in Section 3.2.8.4.16. to require developer to provide core samples of base course and surface course of the completed pavement prior to preliminary approval. REASON: Provide assurance that pavement thicknesses meet de,~ign standards for public and private roads. FISCAL & OPERATIONAL IMPACTS: While it is difficult to determine an exact amount, assuring the roadway construction meets design standards will reduce future maintenance costs. RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Planning Commission unanimously supported this (8-0) as set forth below. Hearing): The proposed amendment 3.2.8.4.16. Streets Pavement samples: The developer shall provide core samples of both the base course and surface course of the completed public and private roadways prior to prelimina~ approval. The core samples shall be taken at a maximum of 300 feet intervals and arrangements shall be made to immediately rep. lace the areas so removed with materials and construction to conform to the sp. eeifieations and to the line and _made of the immediate ~urroundings pavement surface. The core samples shall be taken by an approved testing laboratory_ and/or professional en~neer and certified as to location taken and thicknesses measured. A tolerance of ¼ inch for pavement surface and ~ inch for base course may be accepted. Any deviations more than these tolerances will result in withholding preliminary_ acceptance until such time that the pavement is brought up to County standards. 3.2.8.4.16 LDC AMENDMENT/TEK/mWH:MARIE'S LDC 12/09/97 2:09 PM 1 NO. ~ DEC 1 ? 1997' .,. ORIGIN: Staff AUTHOR: Thomas E. Kuck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC 3:58 LDC SECTION: Section 3.2.8.4.22. Delete sentence that states "A typical lot drainage detail may be used for repetitive CHANGE: cases. REASON: Deletion of this sentence will eliminate confusion on the submittal of the master lot drainage plan. It's elimination will insure that finished lot comer elevations will be shown on the master drainage plan. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 3.2.8.4.22. 12/05/97 Water management. 11. Plans and specifications The master drainage plan shall include the drainage plans and details for all lots ^ *'-:~"' '"* '~'~: .... "~'":' --"" ~' ..... .~ c~. ~ The master drainage plan shall show proposed finished grade elevations at all lot comers and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. 10:47 The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. - DEC 1 7 1997 1 ORIGIN: Staff AUTHOR: Thomas E. Kuck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC 3:84 LDC SECTION: Section 3.4.10.1.2. CHANGE: Change the comprehensive general liability insurance requirements for blasting from $500,000 to $1,000,000 for each occurrence. REASON: Increased coverage for property damages and bodily/personal injury associated with blasting FISCAL & OPERATIONAL IMPACTS: None to County. The additional $500, 000 in general liability insurance will cost some additional dollars ( most contractors are currently carrying this amount anyway). RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 3.4.10.1.2. Comprehensive general liability (including, but not limited to explosive hazard, collapse hazard, underground property damage, contractual liability) bodily injury, personal injury: $SCY3,~r&'~.CY3 ~ each occurrence and aggregate; property damage:~...,...,..,,...,.,,eerm ~ rw ~ each occurrence and aggregate. 3.4.10. 1.2 LDC AMENDMENTFrEK/md/H:MARIE'S LDC 12/05/97 10:48 AM 1 AGENDA.____}.T~I~ No. ~ DEC 1 7 1997 ORIGIN: Staff AUTHOR: Thomas E. Kuck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Dcpaxtment LDC PAGE: LDC 3:86 LDC SECTION: Section 3.4.13.5 and Section 3.4.13.5.1 CHANGE: Change Section 3.4.13.5 from Resultant peak particle velocity to Blasting Permit and limits. Section 3.4.13.5.1 changes the permissible resultant peak particle velocity from 0.75 inch per second to 0.50 inch per second. REASON: Reduce the chances for structural damage to facilities located within the approximate of blasting sites. FISCAl, & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 3.4.13.5. 3.4.13.5.1. 12/05/97 ' . Blasting permit and limits. 10:48 AM 1 It shall be unlawful for any person, to blast, fire. detonate or use any amount of explosive within the territorial limits of the county without first obtaining a blasting permit as hereinafter provided by this section: provided that in any event it shall be unlawful for any person to blast, fire. detonate or use any amount of explosives which would result in a resultant peak particle velocity in excess of 0.5 inches per second when measured on the ground at the nearest building or structure not owned by the permittee, or at a location identified by the seismologist of record and the Planning Services Director. or designee_ 3.4.13.5 LDC AMENDMENTfTEK/md/'H:MARIE'S LDC '12/05/97 10:48 AM 2 L NC). ~ OEO 1 '7 lgg? ORIGIN: Staff AUTHOR: Thomas E. Kuck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC 3:81 LDC SECI'ION: Section 3.4.7.1.3 and Section 3.4.7.1.4 CHANGE: Change thc language in Section 3.4.7.1.3. from making pre-blast surveys an option for thc blaster to making pm-blast inspections a requir~u'nent of thc blaster. Changing Section 3.4.7.1.4 to provide requirements for pre-blast notification. REASON: Provide improved communication and awareness to residents.within close proximity of blasting sites. FISCAI,& OPERATIONAL IMPACTS: There will be no fiscal or operational impact on the County. For those developers not already completing a pre-blast inventory, this additional requirement will have some additional fiscal impact. RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 3.4.7.1.3. pre-Blast insoections: 1. 12/09/97 2:11 PM prior to detonation of explosives a list of ali pre-blast inspections performed shall be provided to Engineering Plan Review and Inspection Services. Pre-blast inspections are required for structures if one of the following conditions have been satisfied: The calculated scaled distance of the structure is 150 feet or less from the pending blast, as determined by using the following formula: Scaled Distance = D Wl/2 · 1 No. DEC 17 1997 p~. 3.4.7.1.4. 12/09/97 2:11 2. This ratio is used to predict g'round vibrations and is equal to the distance "D" from the blast to the point of concern divided by the square root of the charge weight "W" in pounds of explosives per delay: For all types of blasting shall be required within 300 feet of blasting perimeters. Pre-blast inspections shall be conducted by an independent seismologist, vibration engineer, structural engineer, or their representative. The pre-blast survey inspection shall consist of ~omplete documentation of all visible interior and exterior defects 9bserved at the structure. The inspection documentation shall be prepared on 8 ¼ x 11 or 8 ¼ x 14 sheet(s) of paper. The date of the inspection must be indicated on the documentation. Interior and/or exterior 35 mm photographs of the structure and appurtenances containing defects must be identifiable as to the location and date taken. A list of all pre-blast surveys shall be received by Engineering Plan Review and Inspection Services no later than five (5) days prior to the planned commencement of blasting. A location map indicating the streets and structures involved shall be submitted together with ibis list. Pre-blast notification: 1. _The applicant shall notify, residents who have not received a pre~ blast inspection of the pending blast at least five (5) days prior to _the commencement of the initial blast. 2. Notification shall be distributed to all properties containine ~tructures within a radius calculated for a scaled distance of 150 feet. PM The written notification shall describe the blasting which will take place, its effect on the residents, their abili _ty to obtain ~iurvey and how to contact the user or his or her representative with any blast related complaints or claims. Property_ owners shall be eiven a five (5) day window to respond to the availability_ and their AGEN ~"* E desire to obtain a pre-blast survey, no. ~,~,~/_ DEC 1 7 1997 2 ca_Iculatcd for a scaled distance o£ 150 feet shall bc accomplishcd a_t least seven (7) days prior to the re-commencement of blasting. Pre-blast notification: 1. the commencement of the initial blast. 2. ~tructures within a radius calculated for a scaled distance of 150. place, its effect on the residents, their abili _ty to obtain a pre-blasl ~urvey and how to contact the user or his or her representative with any blast related complaints or claims. Property. owners shall b~ ~iven a five (5) day wir~dow to respond to the availabili _ty and their desire to obtain a pre-blast survey. If blasting is suspended in an area for a period of ninety (90) days or longer, renotification of all residents within the radius calculated for a scaled distance of 150 shall be accomplished at least seven (7'~ days prior to the recommencement of blasting. 3.4.7.1.3 - 3.4.7.1.4. LDC AMENDMENT/TEK/md/H:MARIE'S LDC 12/09/97 2:11 PM 3 AG£NDA~I~£¥ No. ~ DEC 1 7 1997 Ot~IN,,~NCE NO. 97- . FINDINGS OF FACT Words ~ ue d~lc~-d, words Pigc I SECTION TWO: BEe., 1 ? 1997 i AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICI1 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR TIlE 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 AbIENDING THE FOLLOWING: ARTICLE I, GENERAL PROVISIONS, DIVISION 1.6. INTERPRETATIONS; ARTICLE 2, ZONING, DMSION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DMSION 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DMSION 3.2. SUBDIVISIONS, DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ANTIQUE STORES, PAWN SHOPS, USED MERCHANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY REPLACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLADES AIRPORT, ZONING MAP D., IMMOKALEE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WT~E]~EAS, on October 30, 1991. the Collicr County Board of County Conunissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hcrcinafler LDC) , which has bee~ subsequently amended; and WHEREAS, thc LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and WHEREAS. this is thc second amendment to thc LDC, Ordinance 91-I02. in this calendar year. and WHEREAS, on March 18, 1997, thc Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending thc LDC; and WHEREAS. all requirements of Resolution 97-177 have been met; and WHEREAS, thc Board of County Commissioners, in a manner prescribed by law. did hold advertised public hearings on Dcccmbcr 2, 1997 and Dcccmbcr 17, 1997, and did take action concerning these amendments to the LDC; and WHEREAS. all applicable substantive and procedural rcquirrments of the law have bccn met. NOW, THEREFORE BE IT ORDAINED by the Board o£County Commissioners of Collier C,~unty. Florida, that: SECTION ONE: RECITALS Thc foregoing recitals are Irue and correct and incorporated by reference herein as if Fu;:y set forth. The Board of County Commiss{one~ of Collier County, Florida, hereby m~kes the follow{ns findings of fact: 1. Collier County, pursuant to Sec. 163.3161, gl ~., 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 ar~ consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, FI~. Stat., provides that it is thc intent of the Act tl~ the adoption and enforcement by Collier County of land development rcgulation~ for the total unincorporated ~ sh~ll 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., requlr~s, that all land development regulations enacted or arnended 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 ~r~ not consistent with the adopted Comprehensive Plan, or element or portion thor, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encottnsge the use of innovztive land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinaf~cr the "Gro',vth Mar~gement Plan" or "GMP") as its Comprchensive Plan pursuit to the requirements of Sec. 1634.3161 gl I~1. FI~. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(IXa), Fla. Stat., mm~lates that after a Comprehensive Plan. or element or portion thereof, has been adopted in conformity with the Act, ~I1 development undertaken by, and all ~ctions taken in reg~d to development orders by, governmental agencies in rel~xt to hnd cover~ by such Comprehensive Plan or element or portion thereof shzll be consistent with such Comprehemive Plan or elcment or portion thereof. 8. Pursuant to Sec. 163.3194(3Xa), Fla. Stat., a development order or ~ developm~:nt regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, tn 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 ~roved or underu,:t.en by · local government shall be consistent with the Comprehensive Plan if the land uses, densities or !:ltensifies, capacity or size, timing, and other aspects of development ~re compatible with, ~nd fur~ the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local sovernment. Ho. ~ I0. On October 30, 1991, Collier County adopted thc Collier County Land Development Code, Jill which became effective on November 13, 1991 and may be ~mend~d twice annually. ! 1. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Colli~ County; encourage thc most appropriate usc of land, water and resoxu'ces, consistent with thc public inter~st; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within thc tolal 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, appesrmce, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue conc~tration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, n:creadonal facilities. housing, and other requirements and services, conserve, develop, utilize, and protect natural resources wiOgn the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability ofpresem and fuv, tr~ land uses and development in Collier County. 12. It is the intent of the Board of County Commisslonen of Collier County to implement the Land Development Code in accordance with thc provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Star, and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A: A3tENDMENTS TO INTERPRETATIONS DIVISION Division 1.6. Interpretations, of Ordinance 91-I02, as amended, the Collier County Land l~velopment Code, is hereby amended to read as follows: DMSION 1.6. INTERPRETATIONS Sec. 1.6.1. Authority. The planning se~wices director shall have the authority to make all interprr'mtions of the text of this code, thc boundaries of zoning districts on the official zoning alias, and to make ~11 interpretations of the text of the growth management plan and thc boundaries of land nsc districts on the future land use map. The chief building official shall have the authority to make ali introns of the text of this code on matters r~lated to thc building code., building permit requirements, building construction ~dminlstraliv¢ code or building p~nnits. Sec. 1.6.2. Initiation i 2/05/97 In cases wher~ interpretations ofboth the building official and planing services director ar~ requested jointly, any conflict shall be resolved by the community development and environmental services ~dministrator. ~ ..... DEO 1 7 1991 I An interpretation may be requested by ~ny affected per,on, resident, developer, land owner, government agency or department, or ~ny per,on having a contrac'~ual interest in l~d in Collier Cotmty. Sec. 1.6.3. Procedures. 1.6.3.1 Submission of request for interpretation. Bcfo~ an interpretation shall be provided by the plazu~ng services director, or chief building official, whichever is applicable, a request for interpretation shall be submitted to the pla~'fing set.ices director or chief building official, whichever is applicable, in a form established by him. A fee for the requeg and processing of the reques~ shall be established at a rate set by the board of county commissioners fi-om time to time and shall be charged to and paid by the applicant. 1.6.3.2. Determination of completeness, Alter I request for interpretation has been received, the planning services director or chief building official whichever is applicable, shall determine whether the request is complete. If the planning services director or chief or building official, whichever is applicable, determines that the request is not complete, he shall serve a written notice on the applicant ~ecifying the deficiencies. The planning services director or chief building official, whichever is applicable, shall take no further action on the request for interpretation until the deficiencies are remedied. 1.6.3.2.1. Notification of affected property owner. Wh~re a site specific interpretation has been requested by a parry other than the affected property owner, Collier County shall notify thc properW owner that an interpretation has been requested concerning their property. 1.6.3.3. Rendering of interpretation. Alter the request for interpretation has been determined complete, the planning services director or chiefbuilding official, whichever is applicable, shall review and evaluate the request in light of the growth management plan, the future land use map, the code and/or the official zoning atlas, and building code related matters, whichever is applicable, and render an interpretation. The planning $ervices director and the chief building official may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and sufficiency. Interpretations made pursuant to this section shall be rendered within 45 days of issuance ora determination of completeness made pursuant to section 1.6.3.2. Sec. 1.6.4. Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Sec. 1.6.5. Official record. The community development and environmental services ~lministrator shall maintain an official record of all interpretatio~ rendered by either the planning services director or building official, which shall be available for public inspection during normal business hour~. 1.6.5.1. xt.,:--.~.._. :.e ".:'.:~-g~-.A~;:.:~.r blotic~ ofinteroretation... _ The community development and environmental ramvie, es adminigr~tor shall provide pul ~3c ,.~alg,,~ln,, ,? thc issuance of an interpretation. For general interpmafion oodc. Compr~hen~i¥l: Growth Marm~ernent Plan or Lind I P~ 4 ; of thc I~~M BE0 17 notice or the--C-o~ interpretation and appeal time.frame shall be advertised in a newspaper of general circulation in fl.e CoumT. For interpretations affecting a specific parcel of land, notice of the interpretation and appeal time-frame shall be advertised in a newspaper of general circulation, and mail notice of the interpretation shall be sent to all property owners within 300 feet of the property lines of the land for which the interpretation is effective. 1.6.5.2. Eff. ective time limits oran inte~, retation. An inlerpretallnn rendt~_d by the planning services director or the building offeial, as the ease may be. shall remain in effec! until the appropriate code is amended to clarify the applicable provision or provisions which warranted the interp, relation are amended, or until such time as the interpretation is adopted_ modified_ or re_iected as a result of an a,opeal to the board of appeals and/or the building board of adjustments and appeals, by the applicant or other individual or enti~ identified in sec. 1.6_2. of this code. During the time the interpretation is rendered and the time the appropriate code is amended_ or in the case of an appeal, until such time as the boar~ of zoning appeals and/or the building board of adjustments and appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitlecL Sec. 1.6.6. Appeal to board of zoning appeals or building board of adjustments and appeals. Within 30 days after receipt by the applicant or affected property owner ora writlen interpretation sent by certified mail return receipt requea'ted by the planning services director or chief building official, or within 30 days of publication of public notice ofinterpretatiom the applicant, affected property_ owner, or ag_es-lever or adversely affected party_ may appeal the interpretation to the building board of adjustments and appeals for matter~ relating to building and technical codes ~ shown in division lAS or to the board of zoning appeals for all other matters in this code. For the purposes of'this sectiom an affected property_ owner is defined as icl owner of properly located within 300 feet of the property lines of the land for which the interpretation is effective. An ag?rleved or affected party is defined as any person or _crroup of per~ons which will suffer an adverse effect to an interest protected or furthered by the Collier Coun~ Grow'th Management Plan. Land Development Code. or building code(si. As provided for in Florida Statures. § 163.3215{'2'L the alleged adverse interest may be shared in common with other members of the cornmuni~ at large, but shall exceed in de~ee the general interest in communi _ty good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other baclcup information in supporI of the appeal. A fe~ for the application and processing of an appeal shall be established at a rate set by the board of county commissione~ from time to time and shall be charged to and paid by the applicant, The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the planning services director or chlefbuilding official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the code or the official zoning atlas, or building code related matle'r~, whichever is applicable. The board of'zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the planning services director's or chief building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject his interpretation. The board of zoning appeals or the building board of adjustm .-:.'..' and appeals, whichever is applicable, shall not be authorized to modify or reject the planning services director's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growlh management plan, the future land use map, the code or the official zoning atl~, or building code, whichever is applicable. code, whichever is applicable. Word$~.-~.~l~aredeleted, wor~~a~dde Pa~e $ AGENDA [lEO 1 7 1997 SUBSECTION 3.Be AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS DI%qSION Division 2.2. Zoning Districts, permltled 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 dhtrict (C-l) and commercial profe%sional transitional district (C-I/T). 2.2.12.2. Permitted u~e~. The following uses, as identified with a number from thc Standard Industrial Classification Manual (1957), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to penni,ed uses in the C-1 commercial professional district and thc C-I/T commercial professional Ixan.sitional district. 2.2.12.2.1. Permitted Use~. Accounting, auditing and bookkeeping services (8721). o Automobile parking (7521). Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371, 7372, 7374-7376, 7379). Child day care services (8351). Group care facilities (category I and II, except for homeless sheltcr~); care units except for homeless shelters; ~m4 nursing home~; assisted llvin~ facilit]cs p~umt to ~. ~.402 F.S. ~d ch. ~8A-$ F.A.C.; md continuing c~e ~tirem~t con,ties p~umt to ~. 651 F.S. ~d ch. 4-193 F.A.C. all subj~t to S~tion 2.6.26. O~ces for Engineering, ~t~ ~d sure,rig se~ic~ (~oups Q78L 8711 - 8713). Health Services (8011-8049). Individual and family social services (8322 activity centers, elderly or handicapped; adult day car~ centers; and day care centers, adult and handicapped only). Insurance can'iers, agents and brokers (group 6311-6399, 6411). 1~5~7 I 0. Legal services (811 I). 11. Management and public relatlora services (groups 8741-8743, 8748). 12. Miscellaneous personal services (7291). 13. Muso~'tts and art galleries (8412). 14. ' Non depository cr~it institutions (groups 6141-61 P~,~ 6 DEC 1 7 1997 2.2.12.3. 205/97 15. Real estate (group 6531-6541). 16. Any other commercial usc or professional scrvicc~ which is comparablc in naturo with the foregoing uses including those that exclusively serve the admirdstrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. Conditional su~. The following uses tre permissible as conditional uses in the commercial professional/transitiomd district (C-l, C-I/T), subject to the standards and procedures established in division 2.7.4. 1. Civic, socizl and fraternal associations ($641). 2. Depository institutions (IFoups 601 !-6099). 3. Educational services (82 t 1-823 I). 4. 5. 6, 7. Health services (8011-8049). Homeless shelters, as defined by O~is code. Increased building height to a maximum orS0 fee~. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant lo division 3.3 that is designed to protect the character of the r~sidential uses and of the neighboring lands; b. The commercial uses in the dev~.lopment may be limited in hours of operation, size of d¢llvery trucks, and type of equipment; c. The residential uses ~ d~signed so that they ar~ compatible with the commercial uses; Residential dwelling units ~re located above principal uses; Resldenti~l and commercial uses do not occupy the s~.-ne floor of a building; The number of residential dwelling units shall be controlled by the dimensional standa,"ds of the C-l, C-1/T dis'~icl, togethc~ with the specific requir~'ment that in no in.cance shall r~sidential uses exceed 50 percen~ of the gross floor ar~a of building or the density permitted under the growth managemerl plan; Building height may not exceed two stories; Each r~sidential dwelling unit shall contain the following minimum floor ar~s: efficimcy and one-bedroom, 450 squar~ f'~4 two-bedroom, 650 ~ua~ feet; Ou.~e-lxdm~m, 900 squar~ The residential dwelling units shall be r~stricted to occupancy by the owners or les~_ee~__ of the commercial units ~.'e~"'~; I~- NO. ~ D£O ! 7 1997 A minimum of 30 percen~ oflhe m[x~ use development sl~ll be maintained ~ open space. The following may be used to satisfy thc Ol~:n space requircments: arcu used to satisfy wat~ manag~ent tequircm~ts, landscaped areas, recreation area.s, or setback are,u not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); the mixed cornmercial~r~sid~nt!~ structur~ shall be designed to ~ce compatibili~ of ~ ~i~ md ~id~fig us~ ~u~ such m~ u, but ~t l~t~ to, ~g noi~ u~i~t~ wi~ ~id ~; d~ng ~ig li~8 away ~m ~id~d~ ~; ~ ~g ~ ~ vc~cu~ ~a~ md p~ng ~ ~m ~id~fi~ ~, to 8. Nursing and personal caz'e facilities (8082). .1-0 9. Religious .rganizations (8661). 44- 10. Soup kitchcns, u daf'mad by this code. · h~ 11. V~ednarian's office (0742), excluding outdoor k~mcling. Sec. 2.2.14 Commercial intermediate district (C-3) 2.2.14.2.1. Permitted u~e~. 1. Unless other, vise provided for in this section, all ptwrnined us~s of the C-2 commercial convmience district. 2. Apparel and accessory stories (groups S611-$699). 3. Auto and home supply stor~s (5531). Business services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctionccring service, field warehousing. bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating places (5812 only). Ali establishments engaged in thc retail sale of alcoholic bcvcrages for on-premise consumption arc subject to iocational requirements of sectlon 2.6.10. 6. Food slot'cs (~'oups 54 ! 1-5499). 7. General mcrchandisc stores (groups 5311-5399). Group care facilities (Category I and H, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. 1~5~7 9. [Reserved.] 10. Home furniture, furnishing, and equip: $736). Page S lent StOll~il~l~l Z- DEC 1 7 1997 II. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Libraries (8231). Marinas (4493), subject to section 2.6.22. Mcmbership organizations (8611-8699). Miscellaneous repair services (groups 7629-7631). Mis~cllan~ous retail (groups 5912-5963, except pawnshops and ~ al: :r...-= .:=.: Muscurns and art galleries (8412). Non-depository eredit institutions (groups 6111-6163). Paint, glass and wallpaper stores (5231). Pexsonal services (groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291). Public administration (groups 9111-9199, 9229, 9311,9411- 9451,9511-9532, 9611-9661). Retail nurseries, lawn and garden supply stores (5261). Veterinary services (groups 0742, 0752 excluding outside kenneling). 23. Videotap~ rental (7841). 24. United States Postal Sc-twice (4311 except major distribution centers). 25. Any us~ which was permissible under the prior GRC zoning . district and which was lawfully existing prior to the adoption of this code. 26. Any oth~ general commercial use which is comparable in natur~ with the foregoing uses including buildings for tx-tail, service anl o ~cc purposes consistent with thc permitted uses and purpos~ and intent staternent of the district. 2.2.14.3. Conditional Uses. The following uses ~r~ l~rrnissiblc as conditional uses ir. '.he commercial intermediate district (C-3), subject to thc standards and prc.:,.Jures established in division 2.7.4. See. 2.2.15. 2.2.15.2. 12/05/97 .14111. Vocational Schools (8243-8299) General commercial district (C-4). Permitted uses. The following us~, aa identified ~ Standard Industrial Classification Manual (195 Page 9 7), or as ~ provided for within this section, are permitted as of right, or as uses accessory to penni~ed uses in the general commercial district (C-4). 2.2.15.2.1. Permitted uses. Unless otherwise provided for in this code, all perm{tied uses in the C-3 commercial intermediate districL Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). Amusements and recreation services, indoor (groups 7911-7941, 7991- 7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes operation, houseboat rental, pleasure boat rent&l, operation of party fishing boats, cano~ nmi&l. Automotive dealers and gasoline service s~tlons (groups 5:511, 5531, 5541 with services and rt, palrs as described in Section 2.6.28, 5571, 5599 new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542), provided that carwashes abusing residential zoning districts shall be subject to the following criteria: a. [Size of vehicles.] Carw~hes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear ya'd setback: 40 feet. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated ~ or highway. 1~5~7 d. Lot siz. c. Minimum 18,000 square feet. F~c¢ requirrments. If a carwash ~buts a residential district, a masom~' or equivalent w~ll constructed with a decorative finish, six feet in height shall be erected along the lot line opposite residential district and the lot lines perpendicular to the lot opposite the residential disu-ict for a distance not less thai, 15 feet. The wall shall be located within a landscaped b;::t~' as specified in section 2.4.7. All walls shall be protected by a barrier to pr:vent vehicles from contacting them. Ajx:hitectun:. Thc building shall maintain a consistent ~mhit~.'~xmd theme &long each building facade. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Nois~ Conu'ol Ordinance [Code ch. 54, a.,m. IV]. h. Washing and polishing Thc washing an for all car washing facilities, including · facilities, shall be enclosed on at least DEO ]. ? 1997 pg. ~.~ covered by a root'. Vacuuming facil[l[es may be located outside Ihe building, but may not be located in any roqu[rcd yard a~ea. Hours o£opcration. Carwashes abutting residential districts shall bc closed fxom 10:00 p.m. to 7:00 a.m. Building materials, hardwar~ and garden supplies (groups 5231-5261). Business services (groups 7311-7352, 7359 cxccpt airplane, industrial truck, portable toilet and oil field equipment renting and leasing. 7361- 7397 except armortd car and dog rental, 7389 except auctioneering. bronzing, field warohousing, rnlvaging of damagot men:handi.~). 10. Commercial printing (2752, excluding ncwspap~). Communications (groups 4812-4841) including communications towers up to sp~cifi~l height, subject to g~ction 2.6.35. Eating and drinldng ~tablishments (5812, 5813) excluding boric clubs. All establishments engaged in the re, ail sale of alcoholic beverages for on-premise consumption ar~ subject to thc locational requir~nents of section 2.6.10. 11. Enginco-ing. accounting, r~garch, management and r~lated ser~'ices (groups 8711-8748). 12. Glass and glazing work (1793). 13. Group car~ facilities (caIegory I ~xl Il, =cept for homeless shelters); c~"~ ualts, except for homeless shelters; ~,d nursing homes; assisted living f~:ilities pursuant to s. 400.402 F.$. and ch. 58A-5 F.A.C.; and continuing car~ r~tirtmmt communities pursuant to s. 651 F.S. and ch. 4-193 F.A.C. sli subject to Scion 2.6.26. 14. Hospitals (groups 8062-8069). 15. Health Services (Groups 8051-8059, 8062-8069, 8071-8072 and 8092- 16. Marinas (4493, 4499 ~cept ~ opemi~ cargo salvaging, ship dismantling, lighta'age, marin~ ralva_gi_ng, maxin~ wrecking, sl~rnship leasing), subject to s~ion 2.6.22. 17. 18. Miac~llaneou~ r~'tail (groups 5912-5963, 5992-5999). 19. Motion pic'tuz~ theaters (7832). 12/Of~97 20. Public or priv,st~ parks and AG£N DA ~r/.,~.,M DEC 1 7 1997 21. Sec. 2.2.16. 2.2.16.2.1 Sec. 2.2.23. 2.2.23.2.1. Personal services (groups 7215, 7217, ~ 7219. 7261 except crcrnatoric~, 7291-7299). 22. Real estate (group 6512). 23. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 24. 25. Vocatio:~l schools (groups 8243-8299). 26. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, grvico and once pus~o~es consistent with thc igrmittcd ~ and intern and pta-pose statement of thc district. Industrial district (I). Permitted Use~ 1. Agricultu~ services groups 0711, except that chemical treatmcn! of soil for crops, fertilizer application for crops and lime spreading for crops shall be" minimum of 500 fcct from a residential zoning district. 0721, excc'pt that acrlal dusting and spraying, discasc con~l for crops, spraying crops, dusting crop~, and insect control for crops (with or without fertilizing) sh~ll be a minimum orS00 fcct fi-om a residential zoning district, 0722-0724, 0761,0781~ 0783). 27. Personal services (groups 7211-72~.-9.~.,_7.2~). Airport overlay dlstrkt (APO): special regulations for specified areas ia and around the airporU ia Collier County. ?dreary zone. An azea longitudinally centered on a runway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or plmacd for either end of the runway. The width of each primao' zone is as follow~: Marco Isla~:l Everglades 12/05/97 PR/MARY ZONI~ WIDTH (FEET) Runway T)~e Wid~ IS-3~ Ut~lh~baal 9-27 ~ ~ ~~ ~ ~t ~ Primary zone height. No structure or obstruction will be permitted within thc prima.T zone that is not part of the landing and takeoff area and is of gre. atct bright than thc nearest point on the runway ccmcrline. wora~~.~&k.~,,o,-&mtmlim:d~u~,~ ~L No. ~ Page 12 1997 2.2.23.2.2 Horizontal zone. The area around each public use airport with an outer boundaO', thc perim~er of whkh is constructed by ~tinging arras of ~pecified radii from thc center of each end of thc primary zone of each airport's runway~ and connecting thc adjacent arcs by lin~ tangent to thos~ arcs. Thc radius of each arc is as follows: Airports Naples Mar~ lst~ad 2.2.23.2.3. 2.2.23.2.4. Na~lcs Mmv. x) hlat~l Immok~ HOKIZOh'T^L ZONE RADIUS (FEET) Runway 15-33 9-27 I Ty~ IL~lius O~her ~an utilir~/no~-~sio~ instmm~t I 0.000 Oth~ ~ utilitytlxt~isi°~ i~t I0,000 Ulili~/tvisusl $ ,0~0 1. Horizontal zone height. No structure or obstruction will be permitled in the horizontal zone that has a height greater than 150 f~t above the airport height, unless a F~eral Aviation Administration Determination OfNo Ha?ard To Air Nav~ation baa been Conical zone. The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. 1. Conical zone height. Height limitations for structures in the conical zone a~e I$0 feet above airport height at thc inner boundat~ with permitted height increasing one foot vertically for every 20 feet of horizontal distance measured outward fi'om thc inner boundary to a height of 350 feet above airport height at the outer boundary. ~4pproach zone. An area longitudinally centered on the extended runway centcrline and extending outward from each end of thc primary surface. An approach zone is designated for each runway based upon thc typ~ of appwach available or planned for that runway end. 1. ,4pproach zone width. Thc inner edge ortho ~ach zone is thc same width as the primary zone. Thc outer width of thc approach zone is prescribed for thc most procisc appwach existing or planned for that runway end ~panding uniformly to the following widths: APPROACH ZONE WIDTH (I:EET) U61 ~'y,N'~wd DEC 1 7 n. I I ~ lhan ufili~lno~-l~:cisiofl insmm'm~ L~00 36 O~her than u61ityMsual I ~00 4.22 Utility/visual 1,230 .~pproach zone lengths. Thc approach zonc extends for thc applicable horizontal distance as follows: N~lcs Island Evcrglldcs Irn~olalcc Ai~ Naples MinQ Islam Eve~lldes o ZONE LENOTH {FEE'D Approach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward fi~m the itmer ed$c as follows: APPROACH ZONE HEIGHT Rumv~y TYi~ ~-~14-32 O0~e~ ~ ufili~/nofl-IlX~cision insl~,mc~ 34: I 4~. ~ fl~n ulillP/~no~-ix'~isiofl insmzmem 14:1 ~ ~ ~ ~li~ ~t 5~ I/~ I I. Precision instrument runway(z). One foot w-rtically for every 50 feet horizontally for thc fu, st 10,000 feel increasing to one foot vertically for ~vcry 40 fe~'t horizontally for additional 40.000 fect. 2. Non-precision instrument runways. One foot vertically for ever 34 feet horizontally. Ps~ 14 DEC 1 7 1997 3. Visua! runways. One foo! vertically for every 20 fcct horizontally. 2:2.23.7. Exemptions. _ comports with the location and he~?ht requirem~ts of Ordinance 8 I- 6~ as ~ded v Ord~n~cc 85 - ~6 ~d ~dln~cc 94 - 41- is ~x~pt~ ~om th~ provisions of S~fion 2.223.2. By vi~c of~hc followi~ ~ a~ccm~t be~c~ Jo~on Bay Dcvdopmcnt Comorati~ ~olli~ CounW Alsoft AuthodW. and the Bo~d of Co~W Of No H~d To Air Navigation SUBSE~ION 3.C: ~ENDME~S TO L~DSC~ING ~D BUFfiNG DI~SION Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.3. Procedures. 2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by thc r~uircments of this section shall submit a landscape plan to thc development services dixcctor. Thc landscape pin shall ~ bear the seal of a Landscape Architect registered in the State of Florida;, The landscaping required for single-family, two-family, and mobile home dwelling units, shall be shown on the building permit plot plan. This plan is not required to 5~f~p~ee~ bear the seal ora landscape architect SUBSECTION 3.D: AMENDMENTS TO SIGNS DIVISION Division 2.5. Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows DMSION 2.5. SIGNS Sec. 2.5.5. Permitted sfgus. 2.5.5.2. Sign~ within non-residential di~trict~: 2.5.5.2.1. Development standard. Maximum allowable height. All signs within non-residential zoned districts and as applicable lo non-residential designated portions of PUD zoned pmporties arc limited to a maximum height of eight feet, except wall or pole signs, or as otherwise provided for will Height shall be measured from thc lowest centcrlin¢ Pale DEC 1 7 1997 public or private R.O.W. or casement to the uppermost portion of the sign structure. Minimum setback. All signs within non.residential zoned districts and as applicable to non-residential designated porlions of PUD zoned properties shall not bc located closer than 15 feet from the property linc, unless otherwise noted below or as provided for in section 2.1.13. 2.5.5.2.~2. Real estate signs: The following signs classified as real estate signs shall be permitted in non residential districts subject to the following: One ground or wall "For Sale," "For Rent," or similar sign with a maximum area ofl~w~ f.0.11Lsquarc feet in size per s~'cet frontage for each parcel, or lot less than one acre in size. (No building permit required.) One ground 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 or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street fi'ontage for each parcel or lot in excess often acres in size. Real estate signs shall not bc located closer Oran I S feet from any property line. In the case of undeveloped pan:els where the existing vegetation may not allow the location of the sign 15 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 ',he board of zoning appeals through the variance process. Real estate signs shall be removed when an applicable temporary usc permit has expired, or within seven days of any of thc following conditions: ownership has changed; or, thc property is no longer for sale, rent or lease. A sign advertising that a property has been sold or leased shall not bc displayed for more than 30 days after it is erected. 2.5.5.2.22. 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 15 feet from any property line, and subject to the following: One ground or wall sign, with a maximum of 12 square feet, may be used as a construction sign by thc general contractor of thc development or as a permit board, within each front yard for each parcel less than one ac'r= in size. (No building permit nxiuired.) One ground or wall sign, with a maximum of 32 ~uare feet in size, may b~ used as a construction sign by thc general contractor of thc development or as a permit board, within each front yaa'd for each parcel one to ten acre in size. (No building permit required.) 1~5~7 Words m~-~,k sr~ d~lcicd, words mxl~lia~ u~ ,.d~ Page 16 One ground or wall sign, with a maximum of 6,1 square feet in size, may be used as a construction sign by ',he general conlxactor of the development or as a permit board, wi0tin cach front ,ard for each parcel in excess of l 0 acres in size. No..C,) '%7 DEC 1 7 1997 2.5.$.2.~. 2.5.5.2.M. 1. 4, 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. (NTR) 5. All construction signs must be removed prior to the issuance of certificate o f occupancy. On.premise signs. On.premise pole signs, ground signs, projecting signs, wall signs, and mansard sign~ shall be allowed in all non:residentially zoned districts subject to the restrictions below: Pole or ground signs. Single-occupancy parcels, shopping center~, office complexes, business parks, or industrial parks having frontage of i 50 feet or mom on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or two ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 sqtu'~x~ feet or more of gross leasable floor ar~a,_and eight or more ind~endent bn~inesses will be permitted one directory sign with a maximum size of 250 squar~ feet for a single entrance on each public street. 1. Maximum allowable sign area: 100 squar~ feet for each pole or ground signs, or a maximum combined area of 120 squar~ feet for two ground signs, except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, unless otherwise noted below or as provided for in section 2.1.13, and with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum ora 15-foot setback from all project boundaries and public fight-of-ways and easement, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians, unless otherwise noted below or as provided for in section 2.!.13. 3. Thc 15-foot setback requirement may be Mminislx~tively reduced by a maximum often feet by the plaxming services director upon submission of the administrative variance fee and a written request. The planning services director's decision to reduce the required 15-foot setback shall be based on the following: a) W~nere it can be demonstrated that within the adjacent right-of- way the area between the property line and the edge of paveme.'o, is excessively wide and that the actual paved area is unlikely be widened to the extent that reduction in the required setoack will result in the sign being an), 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 requir~l 15.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 Izndscape featur~ and/or specimen trees, it would be ~rudent to allow for a reduction in the required, setback so as to m, s~ locate the sign structure; or, No. Words ~ ~rc deleted~ words t,,,~'~i,,t'd ~r~ Psge 17 d) The extent of the reduction ~s the minimum amount necessary to provide relief from the applicable conditions cited above. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.S.S.2.3.1., which may be 2S feet in height. Height shall measxtre from thc lowest centerline grade of the nearest public or private right-of-way or easement to thc uppermost portion of the sign strucrare. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V.type construction with not more than one display on each facing. ~nd such sign structure shall be considered ss 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 fi'om any right-of-way. 2.5.5.2.:J,~.2. 12705/97 Pole or ground signs within regional shopping centers. One pole or ground sign is permitted for each regional shopping center having a frontage of 150 feet or more on a public street. Additional pole or ground signs may be permitted provided that there is a minimum ora l,OO0-foot separation between such signs, and all setback requirements are met. In no ca.se shall the number of pole or ground signs exceed two per street frontage. Additionally, one directory sign with a maximum size of 250 square feet will be permitted for a single entrance on each public street. 2. g::~::~:: ! 5 f~.~' S:..'-: :-':y 7r:F--:-Y !ir.:, p::~!!: :r pr{:'::: .~gF.: zf ::':y, 1. Maximum allowable sign area: 100 squar~ feet for each pole or ground signs, or a maximum combined area of 120 square feet for two gte-..., ~ signs, except for approved directory signs. 2. Setbacks: I 5 feet from any property line, public or private right-of-way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum ora 15-foot setback from all project boundaries and public rights-of-way and easements, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 3. The 15-foot setback requi,~fi~ent may be administratively reduced by a maximum often feet by the planning services director upon submission of the administrative variance fee ~K! a written request. Where the planning services director approves such a r~luctio~ . sign shall be reduced by an' ~nount equal to the $.m~ Page I E0 1 ? 1 37 2.5.5.2.3~.3. 12/05/9'/ being r~uestod. The pl~'~ing services director's decision ~u~ l S-f~t s~b~k s~l ~ b~ on ~c follo~ng: way ~c ~ b~e~ ~e p~ line ~d ~c ~ge of pav~t is cxc~sivcly ~dc ~d be wid~ to ~c cxt~t ~ ~uc~on in ~c ~ ~tb~k will ~ult ~ ~c si~ ~g ~Y clo~ ~ 30 f~ ~ ~c ~gc of pav~t; b) ~ duc to ~c ~isting site ~Migo~ ~ ~pmv~m, it ~ ~ d~o~t~ ~ ~ ~ ~e ~ 15-f~t ~b~k ~11 Mvc a dcl~o~ cff~t on site ~m ~c ~ive of vc~cul~ p~g ~d vc~cul~ ~d ~ ~ ~d c~; c) ~ duc to ~c na~ ~d l~tion of cxi~ng !~ f~ ~or ~im~ ~, it would ~ pmd~t to allow for a ~uctlon ~ ~c ~ s~b~k ~ ~ ~ most ~pmpflatcly I~atc ~c si~ s~c~; or, d) ~c cxt~t of~c ~uction is ~e mi~ ~o~t n~ to pm~dc ~licf ~m ~c ~li~Ic ~ndi~o~ cit~ ~ve. 4. M~im~ allowable heist: 20 f~t in hci~L cx~t for ~o~ si~ ~ ~i~ ~ s~tlon 2.5.5.2.3.2., w~ch ~y ~ 25 f~ ~ hci~c HeiSt shall m~c ~m public or pdvatc g~t~f-way or ~t to ~e ~o~ ~flion of ~e si~ s~c~. 5. ~c m~im~ size limi~tion s~! ~ply to ~h ~c~. Pole or ~d si~ may be pl~ b~k to b~ side by side, or ~ V-~ ~c~on ~ not mo~ ~ one di~lay on ~h f~L ~ such si~ s~c~ s~l ~ ~id~ ~ one si~. 6. S~t or fl~li~ s~l ~ ~a~ only wh~ ~ch ~t or fl~li~at is non-~olving ~d ~d li~t s~ only on ~e o~s p~ or si~ ~d away ~m ~y g~t~f-way. W~I, m~, ~opy er a~ng si~. ~c wall, m~ ~y or a~nt' si~ s~l ~ ~in~ for ~h singlc~up~cy p~cl, or for ~h ~lis~t ~ a multiplc~~ p~l. Com~ ~ ~ muir;r!'. ~~ p~ls, or slnglc ~ p~ls wh~ ~ is ~ublc ~c on a public 6~t~f-way, ~mb~ for ~ p~ of pl~g ~c ~mb~ m ~ o~ ~1. ~ ~o~ ou~h ~ s~ ~t~ public fl~t~f-way. R~I b~ ~ a fl~ m of~ ~ 15,~ ~ f~ ~ a ~nt w~l 1~ ofmo~ ~ 2~ li~ f~ ~ glow~ ~ w~l si~; ~w~, ~c ~mb~ m~ ~low~le ~lay 1. ~ ~ ~lo~ie ~hy m f~ g~ ~1 ~ ~ mo~ ~ 20 ~t of~c w~ch ~e si~ ~11 ~ ~ ~ ~! ~ ~ ~ ~ ~c~ 250 ~ f~ Wo~a ~ s~ d~k.l~l, ~ _,,,-4~.d ur~ s~l~d. Pa~e 19 DEC 17 1997 2.5.5.2.~.6. 2.5.5.2.M.7. 2.5.5.2.~-~.$. projecting signs. Projecting signs may b~ substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. 1. projecting signs sl~ll not project mor~ than four f~t fi'om the building wall to which it is attached. 2. Projecting signs shall not extend above the ruofline ofth¢ building to which it is artach~L 3. Projecting signs shall not project into the public right-of-way. 4, Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight fix-t above such l~lestrian way. Under-canopy signs. In addition to any other sign allowed by this code, one under-canopy fign shall b~ allowed for each establisba'nent in a shopping center. This sign shall not exceed six square fe~t in area and shall b~ a minimum of eight feet above finished grade. Under canopy signs do not requi~ a building permit unless the sign is equipped with an electrical component. Accent lighting. In addition to any other sign allowed by this code., accent lighting may b~ allowed ~ubject to the following rcqulrements: 1. No more than two tube~ or strands of continuous accent lighting will allowed per wall ora structuro. 2. Accent lighting caxmot cxc~l one and one-half inch in diameter per tube or strand, and shall not be used to outline doors and windows, or attached to columns and vertical comers of structures. 3. Accent lighting must have the approval of the communi~ development services administrator or his designee except as prohibited in r~ction 2.5.7 of this code. Installation of accent lighting shall require a building permit. 4. Accent lighting must comply with the Collier Count~ currt~t electrical code and must b~ installed by a licens~ electrical sign contractor to approved electrical ~ourc¢. Signs within planned unit developments (PUDs). Pursuant to the purpose a~ intent of this division, creative, flexible and uniform comprehensive sign providing for size, location, t~¢, and common architectural design t ~r.dards, ax~ encouraged within all PUD zoning dis~xicts, and ~ecificaIly requital for PUDs contain in a commercial component. Sign class~ and sizes for planned unit developments should b~ the ~arn¢ as the ~andards found within this code for the zoning di~xict the development most closely res~nbl~ unless such planned unit developments have comprehensive sign standax~ contained in the PUD document. Flags. Residential propertie~ that have been i~ued a certificate of occupancy may display up to three non-commercial flags. Thr~ non-commercial flags may be displayed at thc entrance of a commercial, office, industrial or residential devclopmenL Where thesc developments have multiplc entrances, any enuancc may have up to three flags each, provided: the development is at icast ten acres that is designated a collector or arterial in the trzlTic clcme tt of th management plan, and all entrances with flags are at least Pa~e 20 1997 additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum lotal of 12 flags with the amount of the proposed increase to be determined by the planning services director, provided: all proposed flags would not be visible to motorisls along any frontage roadways and the planning services director determines that the display of the extra flags is essential to the theme and design of the development. All flagpoles with a height in excess of 15 feet above finish grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida r~gistered engineer on a signed and scaled &-awing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be requirod where flagpoles arc located at a distance exceeding their h~ight plus five feet from all structures (except those designed solely for got'age), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. On single-family or duplex lots flagpoles shall not exceed a 20 feet in height above ~.:v.':h ~ gr~e. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the finished grade or extend mor~ than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed ;~ 25 feet in height above ~:'.:':,~. finished grade. ~-..:~.~:-g, ..... ,.:-~- ,~- .......... ~--~ T, all other zoning districts, flagpoles shall not exceed 80 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30% of the 1erich of the pole to which it is affixed. 2.$.5.2.~.9. Temporary signs. The erection of any temporary sign shall rcquirc permitting as established within section 2.6.33 unless otherwise indicated her:in. Applicants for temporazy sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other r~lcvant pans of this code. 2.5.$.2.~.9.1. Polit{cal signs. Political campaign signs and posters shall be permitted subi~'~ ',o the following requirements: Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary pen'nit shall be obtained. The permit number shall appear on every sign or on the pole supporting the sign. The fee for said bulk pen-nit shall b~ as adopted by resolution by thc bo~u'd of county commissioner~. 12./05/97 Political campaign signs or posters within residentially zoned or used prope-ny shall not exceed four t, quaze feet in size, and sh~l not ~ l~t~ clos~ ~m fiw f~ to ~y pm~ line. Political si~ plac~ ~n ~id~ti~ dis~cm s~l r~ui~ ~n~ ~ssion ~m ~e pm~ o~. Page 21 '1997 3. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 square feet per sign, and shall be located no closer than I$ feet to any property line. The number of'such signs shall be limited to two signs for each lot or parcel per bulk pcrmit issued for each candidate or issue. 4. All supports shall be securely built, constructed and erected to conform with the requirements of this code. $. The m~ximum height of any political campaign sign or poster, except those tha/may bc affixed to a wall, shall be limited to eight feet. 6. Political signs shall bc creeled not more than 60 calendar days prior to an election or political event, and shall be removed within seven calcnd~r days after ~e election, event, or after the campaign issue has been decided. 2.5.5.11.~.i.9.2. Grand opening signs. ,an occupant may display an on-site grand opening sign not exceeding 3'~ square feet on a side, and not exceeding 64 square feet total. The banner sign shall bc anchored and may bc displayed on.site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5.5.2.;1.t.9.3. Special events signs. A special events sign not excccdlng 32 squar~ feet in size may bc displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than 15 fcct to any propcrt7 llne. Such signs shall require a building porrrdt. 2.5.5.2.1~.10. Special purpose signs (on-site). Due to the unique and varied nature of the following uses, additional signs may be rcqulred to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: 11.5.5.2.~,t.10.l. Theater signs (on-site). In addition to the signs otherwise permitted by this code, a theater shall be permitted a changeable message sign, the surface of which shall not exceed 100 square feet in area. Such sign shall require a building pcrmit. 2.5.5.2.~. 10.2. Automobile service stations. In addition to the signs othcrwlse permitted by this code, automobile scrvicc stations shall be permitted one changeable message sign not to exceed ten square feet in area for the purpose of di~l';l~ing gasoline prices only. Such sign shall be affixed to the smicturc of a poi~ on the property. Such sign shall rcqulre a building pcrmlt. 2.$.5.2.~.t0.3. Time and ternpcraturc signs. One time and temperature sign having a sun'ace area not exceeding 18 square fcct shall bc pcrmltted at each industrial, commercial or other non-residentiallY zoned propcrtT. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permi/. 2.5.$ .2.~.10.4. Commercial, business park and industrial directional or identification signs. Directional or identification signs no grcatcr than si][ square fbct in size, and located internal to the subclivision or development, ma)' be glowed 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 ccntcrs, or the individual components o f the development, dL,-cctional or idcndfication signs maintaining a common architeclural theme ma:y'oc cc m~bincd j~eSlI~}~M sign not to exceed six feet in hclght and 64 square feet in area. Such signs shall rchire a building permit. For signag¢ 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. 2.5.5.2.;-4~.11. On-premise signs within agricultural districts. On-premises signs shall be perrnitled with/n agriculturally zoned or used property, for agri-commercial use~ defined with/n lhe Collier County zoning ordh~nce only, and subject to the £ollowing restr/ctio~: 2.5.5.2.~.I 1.1. One pole or ground sign identiFying thc farm organization, located at the enwancc or gate of each street frontage, and only for permitted air[cultural use~. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet, and shall be located a minimum of 15 feet from any property lines, public or private ri/hr-of-way or easement. 2.5.$.2.~.! !.2. Seasonal fan'n sign~ (on-site). One tempor'~'y pole or ground sign identiFy/ng the farm, fan'n organization, entrance, or gate not exceeding 40 square feet in area. Th/s sign shall be used to identify temporary a~ricultural offices so as to expedite the exportation of crops to vadou~ pa.~ of the county. Such sign~ shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.~J.11.3. U-Pie signs. One U-Pie sign located at the entrance or date of each street frontage. The maximum allowable sign ar~a for each U-Pie sign shall not exceed 32 square feet, and shall be located a minimum of 15 feet fi'om any property line, public or private right, of-way or easement. 2.5.5.2.;Dt.11.4. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: I. One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Comer parcels or double-frontage parcels shall be allowed one sign per stre~ frontage, but such signs shah not be combined for the purpose of placing the combined area on one wall. The maximum allowable display ~ for any sign shall not be more than 20 percent of the total square footage of the wall to which it ii affixed, and shall not in any ca.se exceed 250 square feet in area per sigx, 2.5.5.2.$-t.I 2. Off-premises directional signs. Off. premises directional signs ar~ perm'.ae.t 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 retirements are met: I. Off-pr~'nises directional signs shall only be permitted in non- residentially zoned, or agricult,.u'al districts. No more than two oft'-pr~,nise directional signs shall be permitted, identifying the location and natur~ of a building, structure, or use which is not visible fi-om the arterial roadway serving such building, structure, or uses, provided: 1. Each sign is not more than 12 square feet in area with a single- faced display area only. Double-faced signs shall not be '1997 2. Thc sign is not more than cighl fcct in hcighl above the lowest centcr gradc of the srtcrial roadway. 3. Thc signis l°cated n° cl°scr than l $ fcct t° any property line' 4. The applicant must submit with thc pcrmlt application notarized, written permission from the propel~ [ownerl whcr~ the off-site sign is located. $. The sign shall only be located within 1,000 feet of the intersection of thc arterial roadway serving the building, 3. Off-prcmiscs directional signs shall not be located cio~:r than 50 foci from a residentially zoned district. 4. Off-premises directional signs shall not be located closer than 100 feet from anothcr off-premises dir~ctionsl sign. 2.5.5.2.~.13. Illuminated signs. All illuminated signs shall have ¢lcctrical componcnts, connections, and installations that conform to thc National £1cctrical Code, and ali othcr applicable federal, state, and local codes and r~gulatlons. Furthcr, lighted signs shall: be shielded in such s rtmmcr u to produce no glare, hazard or nuisance to motorists or occupants of sdjacont properties; not be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. Sec. 2.5.10. Continuation of nonconforming signs, 2.5.10.3. A non-conforming permanent on-pr~nise~ or off-pro'ai~ sign ~all not ~ r~lac~ by ~o~ non<onfo~g si~ ~t ~ sub~mfion or ~t~g~ of Icac~, ~ .... r ......... cs~blish~ by ~s SUBSECTION 3.E: AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DMSION Division 2.6, Supplemental District Regulations of Ordinance 91-I02, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.35. 2.6.35.6.2. Communication tower~ Permitted ground-mounted towers. Towers not exce~ing thc stated m~ximum hclshts sr~ a pa, mitted u.~ subject to other applicable provisions of this sectior~ including sc. pirate requirements and shared use provisions. Towers that exceed those specified maximum heights require conditionzl usc approv:l. DEO 1 7 1997 minimum yard tn:qulr~ment$. Any tower that cxc--e~--· 75 f~-t in height up to · height of 155 feet is · lawful use only if permitted or otherwise provided in the ~pectiv¢ zol:drtg district and the bare of such tower is separated from the neaan:st boundary of any parcel of land zoned RSF-I through RSF-6, RMF-6, E, KMI:-12, RMI:-I6, RT, VR. MIL TTRVC, or PUD zoning of six residential dwelling units or less, by · minimum dic, art:~ in fc~zt d~'minod by multiplying thc height of thc to~er (in feet) by · factor of 2.5. Cl'h¢ minimum r~mation distance is 2 'A times thc height of thc tower.) Towers which do not mcct thc separation rcquircmcnt may soply for · varimcc in sccordmcc with section 2.'/.$. SUBS£CTION $.F: AMENDlVfENTS TO SUBDMSIONS DMSION Division 3.2., Subdivisions, of Ordinance 91-101, as smcixlcd, thc Collier County Land Development Code, is hcrcby amended to rcad as follows: DMSION 11.2 SUBDMSIONS* Sec. 3.2.8 Improvement plans. 3.2.8.4.16. Streets. _be ~aken by an approved teanin_~ laboratory s~d/nr _m, nf,.nnlnnal ~ and certified as to location taken and thlelmess measm~e~- ~ tole~-~ee nf V, ~neh for navement surface and ~ inch f~r base !n vAthholdlng preliminary_ acceptance until _nuch time that the !s brou?h! up. to Coun .fy ~andarda. 3.2.8.4.22. F~at er management. 11. Plans and specificatiom. i. The master drainage plan shall include the dra~nagc plans and detail$ for all lots. ~l~4Ot-b~k~,-.~,: J-":' :;'..ay .: ...... ~ Thc mas~ter drainage plan shall show proposed finished gradc elevations at all lot comcrs ~ brcaks in grade.. Thc cngincer shall state on thc water management calculations thc basis for wct scason water tablc sclcction. Thc engineer of record prior to final acccp~ shall providc documcntstlon from thc stormwatcr maintenance entity that it has bccn provided information on how thc stormwatcr sTitcm sad their responsibility to maintain thc systerm No.~ words ~ ~ d4ctcd, words undntin~l ar~ ~ I. DEC 17 1997 SUBSECTION 3,G: AMENDMENTS TO EXPLOSIVES DIVISION Division 3.4., Explosives, of Ordinance 91-102, as amended, thc Collier County Land Developmtmt Code, is hereby amended to read as follows: DIVISION 3.4 EXPLOSIVES* Sec. 3.4.7.Permit application review procedures. 3.4.7.1.3. Scalod Disan~ = II 3.4.7.1.4. 1:U05/97 2.. ~"his ratio is used to nredlet ?ound vibrations ~qual to the di~ee "~' ~m the bl~ to the ~int eone~ di~d~ by the squ~ ~t of the eh~e wei~ '~ in ~tm~ of explosives p~ dela~ For all ~ ofb!a~ing ~hall be ~u;~ ~hln 3~ ~-bl~t in~do~ shall be conduc~ by m ind~d~ ~mpl~e d~um~afion of all v~ible ~nt~or ~d def~u obs~ at ~he s~c~. ~e in.ion s~a]l be pr~ on g Y~ x 11 or 8 Y: x 14 sh~sl of~~ of lhe i~fion m~ ~ indicai~ on ~e d~a.~tatiom lnl~or ~or exl~or 35 mm phom~ of t~ ~ R~ and I~fion S~e~ no iat~ t~ five !og~h~ ~th this ~ th-e.blast notificstion: Words ~.~ak~Sk ~,~ &kq*d, wo~ u''a~i'~a sr~ sd~ Page 26 DEC 17 1997 1. ~ {n~ctien of the ~di~ bl~t at le~t five See. 3.4.10. I~unnce. 3.4.10. ! .2. Comprchcttsivc general liability (including. but not IL-nhed to ~losivc li~ili~) ~ily inj~, ~ ~J~: ~ ~ ~h ~cc ~d a~e; p~ ~gc: See. 3.4.13. Restrictions for the use and handling of explosive~. 3.4.13.5. p~4~p~,k..p~~ B__lnsdn_~ permit nnd llmi~ 3.4A3.5.1. ' ' ' ~ ~: f=V.:u':~g ~7~:--' ..... ~= ...... .:w= -~ 2/05/97 p~ 27 No. DEC 1 7 1997 Pst _ t and the p1~nn{ng Services Direetor. or desi~ee. SECTION 3.h: AMENDMENTS TO DEFINITIONS SECTION Division 6.3. Definitions, of Ordinan~ 91-102, as amended, uhe Collier County Land Dcv¢lopmenl Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS Il!ace- event or time. Sign, directory: An on-premises sign of permanent char~:ter indicating hhe name of P,¥o-fi2L~ more ~ ~businesses associatexl with, or event conducted upon, or product'; or services offered upon thc premises upon which such sign is malntalned. This sign may b¢.i ffee-st~ndlng ~ole. monumen! or _i~round~, awning, or wall sign _ss otherwise permitted b_Ylhii ~;ll~. Such signs may have changeable copy. (Se~ division 2.5.) Sign, roof'. Any sign erected, constructed, or maintained ~ on the roof, .~4~4~i14~t: :1I l~ore than 18 inches above the mot'. ot any buildln~. (Scm division 2.$) Sign, wall o~,fa~cia .I2t..,12~-al~: A sign affixed in a manner lo any exterior w~ll ora ?n,'.lding or swacmr¢ which is parallel 1o and projects not mor~ than 15 inches from the building or swactur~ wall, and which do~s not extend ~ _more than 1 $ ir,ches above the roof llne of lJ~_maln buildlne or from the r~oln! wher~ the toot'line inte,r~ects th~ p~rap~ wall on which ~ ~ is Iocate~l, _whichever is more rt. stri~v~ ( Scm division 2.5) hooks and mudc~! instrumenLs- SECTION FOUR: CONFLICT AI~D SEVERABILITY In the event this Ordinance conflicts with any other Ontimnc¢ of Collier County and other applicable law, the mor~ 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 b¢ deemed z separate, distinct and independent provision and such holding shall not affcx:t the validity of thc r~malnin vponlo~Gi ND.,,~ ~I,TEIM NO. ~ Pa~ 25 Pg. 1270 S/9'/ ....... SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE ~ The provisions of this Ordinm~c~ sh~ll b~.ome ~nd b~ m~de · p~t of thc ~ Eg. velopm~t Code o Collier Courtly, Florida. Thc s~ctions of thc Ordinance may be r~numba'ed or r~lett~:nxl to sccomplish such, and the word "ordinance" may be changed lo "section", "~-liclc", or ~ny other g~pri~ word. SECTION SIX: EFFECTIVE DATE TI,is Ordinanc~ shall b~om¢ cff~'tlve ~on fil~ng with the D~l~rtmmt of S!~e_ PASSED AND DULY ADOPTED by the Bo~d of County Commisslo~ers of Collier Cou~W, Florida, this . day of ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L HANCOCIC, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE24CY MARIORIE M. STUDENT ASSISTANT COUNTY ATTORNEY OEO 1 7 1997 APP. D, APP. I COLLIER COUNTY LAND DEVELOPMENT CODE ZONING MAP B. MARCO ISLAND AIRPORT ZONING ,MAP C. EVERGLADES AIRPORT LDCD: 5 AGEI 7 1997 APP. D, APP. I ZONING MAP D. COLLIER COUNTY LAND DEVELOPMENT CODE IMMOKALEE AIRPORT ii \ LDCD: 6 NO. 1997