Agenda 06/04/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 4, 1997
5:05 P.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR
TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICT! ARE NOT ON TH'IS AGENDA MUST
BE SUBM'ITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST I~
DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER 'PUBLIC
PETITIONS~.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, A~N'D THEREFORE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAII:tMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IM~AIRft. D ARE AVAILABLE IN TH~
COUNTY COMMISSIONERS' OFFICE.
!. INVOCATION
2. PLEDGE OF ALLEGIANCE
ADVERTISED PUBLIC HEARINGS - BCC
An Ordinance amending Ordinance No. 91-102, as amended, the Collier County Land
Development Code, which includes the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida; by providing for Section One, Recitals; Section Two, Findings of
Fact; Section Three, Adoption of Amendments to the La~d Development Code, more specifically
amending Article I, General Provisions, Division 1.18. Laws Incorporated by Reference herein;
Article 2, Zoning, Division 2.2 Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standa'ds, including the addition of the Marco Island (MIZO), State Road 29 Commercial
(SR29COD) and Jefferson Avenue Commercial (JACOD) Zoning Overlay Districts; Division 2.4.
Landscaping and Buffering; Division 2.6 Supplemental Dis'~icx Regulations; Division 2.7. Zoning
Administration and Procedures; Article 3, Division :3.2, Subdivisions; Division 3.5. Excavation;
Division 3.6. Well Construction; Article 6, Division 6.3. Del'tuitions, including but not limited to
the definition of Adult Living Facility, Care Unit, Continuing Care Retirement Facility, Group
Housing Facili~'. and Nursing Home; amendment of the following official Zoning Atlas Maps -
MBIA, Iv.B2A, MB3A. MB4A, MBSA, MBIB, MB2B, MB3B, MB4B, lvfBgB, MB6B, MB7B,
June 4. 1997
MB~B, MBgB, MB2C, MB3C, MB4C, MB$C. MB6~ MBTC, MBIC, MBgc, MB4D, MBSD,
MB6D, MBTD, MBZD, MBgD, MBIOD,MBSF~ MB6F., MBTE, IvaC'F, MBgF - to refle~
M$~r..o Ishz~d Zon~n~ O~erl~' Dis~ia desi~icm ~nd r~move Ibc 'ILP" 6~si~mio~ ia ruder
conform m Ihe new Sectioa 2.2.26. of ~his Code; ame~dme~ of Ihe foUowia~ Official
Atlas Maps - 6928S, 6932S, 69Z;S, 6933N, 7904N, 9905N - lo reflect I~e SR 29 Commetdal
Overlay Dis~a designation in ~ to conform to fie tequitemeat~ of~w Secfl~ 2.2.27. or,his
Code; amendment to l~e following Official Zoning Arias Map - 6933S - to reflect Ibe
Avenue Commercial Overlay District desi~;n~fion in order to conform to fl~e tequtmnents of new
Section 2.2.28 of~is Code; Section Four, Conflict and Severability; Section Five, Inclusion in
Code of Laws and Ordinznces; and Section Slx, an effective date. Cl'nls is ~e second public
hearing)
4. OTHER
5. ADJOURN
2
June 4, 1997
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FIN'DINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.18. LAWS
INCORPORATED BY REFERENCE HEREIN; ARTICLE 2,
ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED
USES, CONDITIONAL USES, DIMENSIONAL STANDARDS
INCLUDING THE ADDITION OF THE MARCO ISLAND
(MIZO), STATE ROAD 29 COMMERCIAL (SR29COD) AND
JEFFERSON AVENUE COMMERCIAL (JACOD) ZONING
OVERLAY DISTRICTS, DIVISION 2.4. LANDSCAPING AND
BUFFERING, DIVISION 2.6 SUPPLEMENTAL DISTRICT
REGULATIONS, DIVISION 2.7. ZONING ADMINISTRATION
AND PROCEDURES; ARTICLE 3, DIVISION 3.2.
SUBDIVISIONS, DIVISION 3.5. EXCAVATION, DIVISION 3.6.
WELL CONSTRUCTION; ARTICLE 6, DIVISION 6.3.
DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE
DEFINITION OF ADULT LIVING FACILITY, CARE UNIT,
CONTINUING CARE RETIREMENT FACILITY, GROUP
HOUSING FACILITY AND NURSING HOME; AMENDMENT
OF THE FOLLOWING OFFICIAL ZONING ATLAS MAPS -
MBIA, MB2A, MB3A, MB4A, MBSA, MB1B, MB2B, MB3B,
MB4B, MBSB, MB6B, MB7B, MBSB, MB9B, MB2C, MB3C,
MB4C, MBSC, MB6C, MB7C, MBSC, MB9C, MB4D, MBSD,
MB6D, MB7D, MBSD, MBgD, MBIOD, MBSE, MB6E, MB7E,
MB6F, MBgF - TO REFLECT THE MARCO ISLAND ZONING
OVERLAY DISTRICT DESIGNATION AND REMOVE THE
,,RI," DESIGNATION IN ORDER T¢
NEW SECTION 2.2.26. OF THIS CO
THE FOLLOWING OFFICIAL
-1-
CONFORM TO
~ING A-TL'~ M~
JUN 0 4 !997
6928S, 6932S, 6933S, 6933N, 7904N, 7905N - TO REFLECT THE
SR 29 COMMERCIAL OVERLAY DISTRICT DESIGNATION
IN ORDER TO CONFORM TO THE R~. QUIREMENTS OF
NEW SECTION 2.2.27. OF THIS CODE, AMENDMENT TO
THE FOLLOWING OFFICIAL ZONING ATLAS MAP - 6933_S
- TO REFLECT THE JEFFERSON AVENUE COMMERCIAL
OVERLAY DISTRICT DESIGNATION IN ORDER TO
CONFORM TO THE REQUIREMENTS OF NEW SECTI_O_N
2.2.28 OF THIS CODE; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND SECTION SIX,
AN EFFECTIVE DATE. --
OBJECTIVE: To have the Board of County Commissioner's review and approve the
proposed LDC amendments.
O.C,_Q..~_~DERATIONS; This is the first of two (2) required evening public hearings for
the January 1997 LDC amendment cycle. These amendments were reviewed by the
Collier County. Planning Commission on April 9 and April 30, 1997. The CCPC took a
straw poll vote on each individual amendment as it was presented by staff, and at the
completion of the second hearing, took two separate votes on the proposed amendments,
the first vote was on the sign portion of the proposed Marco Island Zoning Overlay. The
chairman, Mr. Michael Davis, abstained from voting on the sign portion of the Marco
Island Overlay as he is a principal in a local sign manufacturing company and was
utilized by the Marco Island Zoning & Land Use Ad Hoc Committee as a resource. This
vote was 6-0 to approve the sign portion of the Marco Island Overlay as proposed by staff
with the following changes recommended by the CCPC: all permanent on premise signs
shall conform to the restrictions set forth in the overlay whenever a permit is requested to
structurally alter the sign; or within 5 years from the date of adoption of the overlay. The
second motion was to recommend approval of all other proposed amendments including
all recommendations of the CCPC (reflected in the proposed amendments attached
hereto). This motion car~ied by unanimous vote (7-0).
The attached proposed amendments include the recommendations of the Land
Development Regulation Subcommittee which reviewed the proposed LDC amendments
on behalf o£ the Development Se~ices Advisory Committee. Additionally, the applicable
amendments were distributed to the EAB and EPTAB, neither of which expressed any
concern or opposition.
FISCAL IMPACT:. As previously stated, any fiscal impacts resultant from or
r~ated to these proposed LDC Amendments are discussed separately on the.attached side
sheets.
-2-
JUN 0 ,i 1991
GROWTH MANAGE~NT IMPACT~ All of the proposal smendmtmis have
~ r~vi~,v~ for compliance with the C, fowth Manag~rien! Plan and in fact have b~n
found to be in complianc~ wkh, and, in fact, supportive of, lhe Collier County
Comprehensive Growth Manag~n~nc'~t Plan.
pREPARED BY:
CURRENT PLANNINGMA-NAGER
DONALD W. ARNOLD, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
ENT A. CAUTERO, ADMINISI RATOR DATE
COlVLMUNI~ DEVELOPMENT &ENVIRONMENTAL SERVICES DIVISION
-3-
JUN 0 4 1997
'-'-'--~-DC Section -- Proposed Amendment Reeommendsflon .......
.------ ~ ~ecommended approval as
~ S:zeetscape mister as presen~ ~ s~lff.
~.2.2.2.2.5.c. Amendment to IJz~t accessory off
site l~ul~ng of f'~ in co~juncfio~ with minor lanfaage pf~;ezxted with DSAC
with permitted al~culmz'al uses in cl~mges. Anac~ed recommended changes.
the A~icultm~l cLLstrict to 4,000 amendment tt~ec~
cubic yaz~. Accessory off-site DSAC
b~uling of fill in excess of 4,000 ~can~nen~ation.
cubic yazds will be re~ired to
recues! a Conditional Use ~ ...... ~
Various residential ~mendrn~t to all applicable presented by s',~ff.
sectio~ referring to sections of the LDC relative to as presented by staff.
ALFs 2.2.12.2.1.5; A, ssisted Living Facilities, addressing
13.2.1.9; 14.2.1.8; the maximum intensity of such
2.2.15.2.1.13; fac iliti es, and revising the de£mifion
2.6.26.4; and to reflect current Slate statues.
Division 6.3 provisions '-~'~'-o~ended for Recommended approval as
2.2.12.1. A, rnrndment to C-1-C-1/T zoning
district to allow medical office as a · :~proval as presented presented by staff.
permitted use and to delete the sa~ne by staff.
~se as a conditional use
2.2.13.2.1 Elimination of certain higher Recommended for Not reviewed by CCPC si
intensity/non neighborhood al:rproval as p~e~c-nted fu~t hearing.
commercial type use fi.om C-2 by staff.
district. Recommended for approval
2.2.15.2.1. Addition of certain health services to Recommended for
the C-4 district which are generally approval ss presented as presented by staff.
compatible with and accessory to by staff.
hospitals which are a permitted use
tn the C-4 District ~ended for -'--'--
2.2.16.2.1 ..39. amaenctment to the Indusn'ial Dlstric! tN_Q.!.recommended for
to eliminate wholesale distribution of approval appro','al. Not included in
amendment packet
new and used passenger
automobiles, trucks, trailers and
other motor vehicles from the
tndustria] district and to require a
conditional use approval for such
uses.
2.2.26. Adoption of the Marco Island Recommended for Reco~-~ended for ipproval
Zoning Overlay District appro~,'al with changes with various changes.
proposed at f'trst CCPC Anached amendm-en! reflects
hearing, all changes recommended by
CCPC as well as by County
I Attorney's Office.
2.2.27. & 2.2.28 Adoption of the SR-29 Commercial Reco~-u~-,ended for Recot~-u~-,ended for approval
Overlay District in Immokalee and approval as presented as presented by staff.
the Jefferson Avenue Corarnercial by staff.
=-- AOEND,~i'EM
JUN 0 1 1997
~ '--"=----= = DSAC CCPC Recommendation
LDC Section Proposed Amendment Recommendation (l:lrsl Hearing) _
2..4. (various Various minor amendments to P, eco,~ded for Reco~-nded for
Secfiom) L~cape Code to corrcc! typos aad approval ~ ~csentad ~ ]~esented by
a scriveners error, by staff with one
exception, removal of
the rcquircmen! for a
freeze sensor.
2.6.21. (and various Amendments to Section 2.6.21., Reco~,ended for ~.eco~endcd for al~r,~oval
residential zoning Private boathouses sad docks, and approval with changes with vm'ious changes.
districts) and ~mendments to v~ious residential proposed at ftrst CCPC ~,tt~ched smendmenl reflects
Division 6.3 district to reflect the proposed hearing, all changes recommended by
CCPC ss well ss by County
Dc f'm.itions, procedural cha~ges ,,,d restric6ous. Anomcy's Office.
:2.6.'/.5. Elimination of the Resmcted Parking Recommended for P. ecoir~endcd for approval
Overlay for Marco Island as it will approval as presented as presented by staff.
be incorporated imo the Marco by staff.
Island Zoning Overlay.
2.'/.2.12. I. Amendment to limitations on Reco~u~,ended for Recoiru~endcd for approval
rezoning of land to allow flexibility approval as presented as presented by slaff.
to rezone to a similar dismct if by staff.
determined m be compatible with or
transitional form existing adjacent
and nearby districts/land uses.
2.7.5. Addition of language to allow after Reco,,u~,endcd for Rcco~u~,¢nded for approval
the fac~ variance to be tied to a approval ss presented ss presemcd by st~ff.
structure, and clarification of by staff ¢ I
advertising requirements.
3.2.$.3.22. ~.mendment to revise language in P, eco,~ended for P, eco,u,-~-nded for
subdivision section of LDC to be approval as presented as presented by staff.
consistent with language used in by staff.
landscape section of LDC.
3.3.5.1.9., & Reference tn SDP section of LDC to Suppotled by DSAC as Reco~'u'nended for approval
3.3.5.4.1. requirements of Multiple Site presented by Staff. as presented by staff.
Improvement Plan (MSIP), or SDP
tn support of parking reductions
~errmt~ed in section 2.2.26.7.2. of
the Marco Island Zoning Overlay
District.
3.5.4.7. Amendment to revtse excaYation Reco~-,~nded for Reco~uT, ended for approval
permit exemption from lots not approval as presented as presented by staff'.
exceeding five acres, to single family by staff.
lots which exceed two acres.
3.5.7.2.4. Amendment lo provide guideline Recoii-~ended for P, ecu,,,~,~-~ded for approval
where bulk.heads are used, in lieu of approval ss l:~rescnted ss pt~iented by s~aff with
slope requirements per South Florida by staff with minor DSAC recorranenctations.
Water Management District language changes.
requLrements
3.6.5.?. 1. Amendment to address minimum Recoii-~ended for Recommended for approval
elevation for domestic potable and approval as presented as vresented by staff.
certain submittal requirements. ~G£NDA ITEM
JUN 0 4 1997
P~.
PROPOSED LDC AMENDMENTS
1997
ORIGIN, BCC
AUTHOR, N/A
DEPARTHENT~ Planning Services
LDC SECTION: Division 1.18.
CHANGE~ Incorporation of Collier County Streetscape
Master Plan by reference into the LDC.
REASON: The Streetscape Master Plan was adopted by the
BCC in January. At that time staff was directed to
incorporate the Streetscape Master Plan into the LDC by
reference.
FISCAL & OPERATIONAL IMPACTS~ Incorporation of the
Streetscape Master Plan by reference into the LDC will
have no fiscal impact on the County or the development
community as the Streetscape Master Plan is already
approved and effective.
RELATED CODES OR REGULATIONS: None.
DIVISION 1.18. LAWS INCORPORATED HEREIN BY REFERENCE
Subject Ordinance Number
Collier County Stree:scalae Master Plan ~}7-.<to be inserted when Board
approves ordinance>
no.
JUN 0 4:1997
P~, 7
ORIGIN~ Project Plan Review
AUTHORs Stan Chrzanowski
DEPARTMENTs Planning Service/Development Services
LDC PAGE~ 2:13
LDC SECTION~ 2.2.2.2.2.5
CHANGE~ Agricultural parcels of any size where off-site removal
of excavated fill is necessary because of site constraints will
require a conditional use if more than 4,000 C.Y. of fill is
removed from the site.
REASON~ To discourage the proliferation of commercial fill
operations in the guise of aquaculture.
FISCAL & OPERATIONAL IMPACTS~ Off-site hauling of large amounts
of fill will now require a conditional use where it was
previously a permitted accessory use.
RELATED CODES OR REGULATIONS~ Sec. 3.5 of the LDC
Amend the LDC as follows:
2.2.2.2.2. Uses accessory to permitted uses.
..... .min~n- ~ and related
5. Extraction ..... th .- o,
processing and production subject to the following
criteria:
a. The activity is clearly incidental to the
agricultural development of the property.
b. The affected area is within a surface water
management system for agricultural use as
permitted by the South Florida Water Management
District.
c. The moun v ' v t~
xes 0 .Y
~pDroval for ~arthminin~, pursuant ~0 th~
procedures an~ q0nditiOns set forth in Sectio~
2.7.4.
SECTION
2.2.2.2-2.5 LDC AMENDMENT/SC/md
~GE ~ EM
No.._~ ,,~
JUN 0 1997
ORIGIN: Cun'ent Plan~ing
AUTHOR: Ronald N~no, AICP
DEPAP. TN[ENT: Planning Sc~'~4cc~
LDC PAGE: Various Pages
LDC SECTION: 2.2.2.3.16; 2.2.3.3.5; 2.2.4.3.7; 2.2.$.3.7; 2.2.6.3.7; 2.2.7.3.7.; 2.2.8.3.7;
2.2.8.3.4; 2.2.9.3.8; 2.2.12.2..1.5; 2.2.13.2.1.9; 2.2.14.2.1.8; 11.2.15.2.1.13; 2.6.26.4; and Division
6.3
CHANGE: To amend all provisions of the Land Development Code r~lativ¢ to special housing
environments providing some range of on-site care including what are today called Continuing
Care Retirernent Communities and Assisted Living Facilities.
REASON: Current regulations fail to distinguish the difference between the various centinuums
of care and congregate living environments recognized and regulated by Florida Law. This has
given rise to the concern that housing density meant for bona fide congregate care housing
providers for a target population may be inappropriately applied.
The current LDC regulations primarily focus upon congregate (assisted) care housing and by
inference unassistect/indepcnden! housing environments. Florida Statues, Chapter 651 provides
regulation and licensing for Continuing Care Retirement Communities which is administered by
the Florida Department of Insurance. Assisted Living Facilities with varying elements of care
are administered by the Department of Health and Rehabilitative Services, Agency For Health
Care Administration and Department of Elderly Affairs.
With the exception of Group Care Housing, Category I and II all other care housing is authorized
at twenty-six (26) units per acre. This includes "Care Units" and "Nursing Homes". By
definition Care Units include Adult Congregate Living facilities. At this poin! determining
density becomes confusing because there is no relationship between number of beds, size of
units, congregate living versus independent dwelling units and the number twenty-six (26) units
per acre which is undefined.
It is the opinion of staff that the application of a standard density rule to a housing environment
that may include variou~ forms of care housing from those with continuing care nursing beds to
totally independent housing units is impractical and defies any logical bases, inasmuch as there is
no equivalent density impact relationship between the continuums of care units.
Given this fact, it is apparent that projects which involve independent housing units (i.e. full
housekeeping units) need to be conditioned on an adequate showing of other types of care units
which allow aging in place if they are to qualify for allowable density that is greater than that
authorized for conventional housing units. It is important to reiterate that it is difficult and
impractical to calculate density for a project that includes nursing units, congregat
and full)' independent housing units because the true im ,act o/~~,t-~lc~ ~ul
between these varying degrees of care housing. No. ~
1
,JUN 0 4 1997'
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None·
Amend ~e LDC as follows:
2.2.2.3·16. Group care facilities (category I and II) care units; ~t nursing homes*,;
't dliv'n "i t · ' '
4-193 F,A.C.. all ~bj~ct to ~ction 2.6.26. ~then located within the Urban
- esi at~l a '
_Qrowlh Mana~em~mt Plan.
2.2.3.3.5. Group care facilities (category I); ~:a'e units, subject to the vrovisions of
~ -,.nfl nursing homes*,,; assisted livmi facilities pursuant to
· 400.4 2..-' ~ '
t:ommunities pursuant t9 s. 651 F.S. and ch, 4-193 F.A.C.: all subject to
section 2.6.26.
2.2.4.3.7. Group care facilities (category I); fat', ~Inits. subiect to the _~rovisions of
section 2.2.4.3.8; '.-'.d nursing homes,; assisted livine facilities vursuant to
.400.42 F..ch-· ' ~ '
9ommunities 0ursuant tO s. 651 F.S, and ch. 4-193 F.A.C.: ali subject to
section 2.6.26.
2.2.5.3.7. Group care facilities (category I and ri) care units; ~ nursing home~i
siste ivi '"e u 4 4 · ' · '
d~ re et' t u i'e u antt .d h.
_4-19~ F.A.q:.: all subject to section 2.6.26.
2.2.6.3.7. Group care facilities (category I and II) care units; ~,~4 nursing homes,,;
assistedlivin fa iliti s utt .4 4 . d - · '
i~d continuing car, retirement communities pursuant tO s. 651 F.S. and ch.
4-193 F.A.C.: al! subject to section 2.6.26.
2.2.7.3.7 Group care facilities (category I and II) care units; ~4 nursing homes*i
assisted livin~ facilities pursuant tO ~. 400,402 F.S. and ch. 58A-5 F.A.C,:
and continuing care retirement communities _oursuant to s. 651 F.S. and ch,
4-193 F.A.C.: al! subject to section 2.6.26.
2.2.8.3.4. Group care facilities (category I and II) care units; amt nursing homes*i
sit ]'v' c"t' u u t .4 .4 c . - · '
ti in care' t
4-193 F.A.C.: al! subject to section
JUN 0 4 1997
2
2.2.9.3.8.
2.2.12.2.1.5.
2.2.13.2.1.9.
2.2.14.2.1.8
2.2.15.2.1.13
2.2.19.2.1.5
Group c~e facilities (category I and II) care units; m~l nursing homesfi
assisted livin~ facilities vursuant to s. 400.402 F.S. and ch. 58A-5 F,A.C.:
and C0ntinuinu care retirement communities vursuant to s, 651 F.S. and ch.
4-193 F.A.C.: all subject to section 2.6.26.
Group care facilities (category I and II, except for homeless shelters); care
units except for homeless shelters; ~I nursing homesv: assisted living
facilities pursuant to s. 400,402 F.S. and ch, 55A-5 FA.Ca and continuinv
care retirement corm'nunities pur~t~t to s. 651 F.S, sod ch. 4-193 F.A.(:,
all subject to Section 2.6.26.
Group care facilities (category I and II, except for homeless shelters); care
units except for homeless shelters; ~a4 nursing home~; assiged ]ivint
facilities pursuant to s. 400.402 F.S. and ch. 58^-~ F,A,C.: and continuing
care retirement communities pursuant to s. 651 F.S. and ch. 4-193 F,A.C
all subject to Section 2.6.26.
Group care facilities (category I and II, except for homeless shelters); care
units except for homeless shelters; =nd nursing homes;,; assisted living
facilities; pursuant to s. 400.402 F,S. and ch. ~SA-~ F.A.C.: an4 g:ontinuirll;,
care retirement communities pursuant to s. 651 F.$. and ch. 4-193 F.A.~'.
all subject to Section 2.6.26.
Group care facilities (category I and II, except for homeless shelters); care
units except for homeless shelters; -'~ nursing home~.~
facilities pursuant to s. 400.402 F.$. and ch. 58A-5 F.A.C.: and continuing
care retirement communities pursuant to S. 651 F,$, and ch. 4-193 F,A.C.
all subject to Section 2.6.26.
Nursing homes, ACLF$, assisted living facilities (AL.F) oursuant to
s.400.402 F.S. and ch. 58A-5 F.A.C.. group care facility (category I) ~pd
continuing care residential communities pursuant to s.651 F. S. and ch. 4-
193 F.A.C., all subject to Section 2.6.26.
Division 6.3 Definitions
^.~,,~, ,~...gr.g~,. ~ :.,;.~ c.~:~;,,.,~ ,^r.)~x Assisted Living Facility {'ALFL Any
building(s), section of a building, distinct pan of a building, residence, private home,
boarding home, or other place, whcth~' operated for profit or not, which und~takes
through its ownership or management to provide for a period exceeding twenty-four (24)
hours, housing, food service, and one (10) or more personal services for four (4) or more
adults, not related to the owner or administrator by blood or marriage, who require such
services and to provide limited nursing so'vices when specifically licensed to do so
pursua ~t to Florida Statute 400.407. the facility s!'"' ~'- ~;,.,.,,~,,,.1 ~,a ~,~,.~,,,.rl ,,~ t, wh
by Florida Department of Health and Rehabilitativ, Ser,,qfiSs!.~ty
services or limited nursing services for fewer thru four (4i
of this definition if it formally or informally a~ vertijl~t{} ~trl~i'cit
I
· ,,.../Z._
residents or referrals an~', holds itself out to the public to b¢ an emblishment which
regularly provide~ such ~a'vices.
~ontin~{r,~z care rcti~¢~nent ¢o,~,unitv ¢CCP, C) - Means a livinlt environment urovidimt
}h¢lt~r. food. and either nurfimz care or oersonal service as defined in s. 400.402 ¢161
~F.S., whether such nur~imz care or ~er~onal services are Orovided in the facility or ia
another setfimz desienated by the s-_~¢cment for continuine care. to an individual
[elated bY cqnsan~initv or affinity to the orovidcr furnishiniz such care. u~an ~avrnent of
;m entrance fee, which is lic~msed by the Deoartment of Insura:aces of the State of Florida:
pur~uam ~9 s.651 F.S.
Nursimz Home. Rest Home or Ext~ded Care Facilit~LAdul: r'""t,- g ' ~ :":'-
~Assisted l~ivin~ Facility (AL,FI.
~ A residential treatment facility, other than a nursing home, where, for
compensation (if applicable), persons under care receive food, lodging and some form of
on-site therapeutic care on a daily basis. This type of care may involve psychiatric,
psychological, medical, physiological therapies, behavior modification and other such
services. This type of facility shall contain fifte~ (15) or more per~ons under car~, plus
resident supervisors as required by Subsection 10A-5.019, Florida Administrative Code,
and shall permit ali of the list of uses as permitted by Group Care Facilities (Category I
and Category II, [i.e., ?"~' gr. o ' !:.v:ng r..:u.:~.. ~$isted livinlz facilities foster
care facilities; facilities for: aged persons, developmentally disabled persons (as defined
in Section 393.063(11), Florida Statues, as amended, physically disabled or handicapped
persons (as defined in Section 760.22(?)(a), Florida Statutes, as amended); crisis and
attention care; displaced adult care; homeless shelters; mental and emotional health care;
offender halfway houses; spouse abuse care; substance abuse care; and youth shelters].
[SEE SEC. 2.6.26]
~roup Housing Unit_: A room or rooms connected together, constituting a separate,
independent housekeeping establishment and physically separated from any other rooms
or group housing units, which may be in the same structure, with or wfithout complete
kitchen facilities, and containing sleeping facihties and sanitary facilities. A group
housing unit is applicable to the following types of structures: Family Care Facilities,
Group Care Facilities (Category I and Category II), Care Units, and Nursing Homes,
Assisted Living and Continuing Care Facilities,
2.6.26.
2.6.26.1.
..... GrouD bousin~
Le, e ti ......... ~' ~
d~_evelopment standard~:
~eneral Requirement.s. All group housing structures shall meet the following
requirements specified for each type of structure:
1 Site development plan (SDP) appro ~al in.{~~e
· ~cility$.*' -,a=4z__
(with the exception of a family care
JUN 0 1 1997
2.6.26.1.1.
2.6.26.1.2.
2. All applicable state and county building and fac code standards.
3. Ail applicable state and county licensing requirements.
Family care facility. A family care facility shall lac treated as · ~inglc dwelling
unit for thc purpose of det~g applicable development ~,andards and,
therefore, shall conform to the standards identified for · single-family dwelling
unit or mobile home in the zoning district assigned to the property, as well as
other applicable standards found in thc zoning code. However, a new family care
facility shall not be located within a radius of l,O00 feet of another existing family
care facility.
Group care facility (category I and category II). A group care facility shall be
governed by the development standards identified in the zoning district assigned
to thc property and the following standards:
Minimum habitable floor area.
a. Group care facility (category I): 1,500 square feet plus 200 square
feet per live-in person, beginning with the seventh live-in per~n.
bo
Group care facility (category II):
(1)
Homeless shelters: 1,500 square feet plus 150 squarc feet
per live-in person, beginning wit the seventh live-in person.
(2)
Uses other than the homeless shelters: 1,500 square feet
plus 200 square feet per live-in person, beginning with the
seventh live-in person.
2. Minimum lot area.
Group care facility (category I): 6,000 square feet plus 1,500
square feet per live-in person, beginning with the seventh live-in
person.
b. Group care facility (category II):
(1)
Homeless shelters: 6,000 square feet plus 400 squzxe feet
per live-in person, beginning with the seventh live-in
person.
(2)
sew:nth live-in pers~
Parking required. Two parki
requirement: two parking spaces).
Uses other than homeless shelters: 6,000 square feet plus
1,500 square feet per live-in per.n, beginning with the
2.6.26.2.
2.6.26.2.1.
2.6.26.2.2.
Separation requirements.
a. A new group care facility shall be required to be located greater
than a radius of 1,200 feet from any other existing group care
facility (applicable to the RMF-6, RMY-12, RMF-16, RT, and VR
zoning districts).
b. A new group care facility shall be required to be located grater
than a radius of 500 feet from any other existing group care facility
(applicable to the A, estates, and RSF ldi zoning districts).
c. Distance requirements shall be measured along a straight line from
the nearest point of the existing group care facility property to the
nearest point of the proposed new group care facility property.
Special setback requirements. No structure shall be erected within 20 feet
of any abutting lot or parcel which is zoned residential, nor within 25 feet
of a road fight-of-way.
6. Landscaping requirements. As in division 2.4.
~are hou i viro nt as de e in
~ eu its ' ed 'v'n u 't or''
~si e an dw I' itst at ar a an
~' en~ sa l adh e tot ol w:n '
addition to those established by the underlvin~ zonin~ district.
T :> ~ ~ .,r,.
~a.w,~.~.-.: F"-;"~'~ '~ .... :.3' ',vex .... gte'.:' ........ t, ...... r-. t, ....
Maximum floor area ratio. The maximum floor area ratio shall not exceed a.
factor o£0.45 ( 0.45 times the area of thc provertv ~uals the gross floor area].
2.6.26.2.3.
2.6.26.2.4.
Add. .~ttal r uir m ' ~ ' . . · ' '
~ents f t is de deve t t i' '
· · '' i '' i
housin units ovidin i '' i
~ e nd'ti a d/o itedevel t
a lication, i hi ~ ' i 1 cas w
~ in unit and ' ' .' . ar .oot e
~onent. dditio al t' ' d t
'
include a statement f ava'fable sist ce with "ct' 'ti o a~
~t not i ited to u ti ' ' '
_management, medicine manaeenlent- and sq on,
~ Maximum ei hr. aximu 't h 11
as the underl m zomn dlsmct e c t sot er~ o ed
conditional use process for residentially zoned districts_.
~ ' ·
(i~ Independent living units. One (1~ per dwelling un~
~ ~ssisted living units. 0.75 per assisted uni!
~ ~ursin care units, wo a kin v · .
cf a rca~ ~g?.: c£ ::'ay:
;LandscaTi::g rcq::irc:::.cnts. Ac .-.~'.:':.r:~ :.:'. ~:.v{:-'.c:'. 2,~.
LDC AMENDMENT/RFN/md/H:MARIE'S LDC
AGE A T£M
.o.
JUN 0 4 1997 f
P~.
PLANNING SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
RE:
Robert J. Mulhere, AICP
Current Planning Manager
Ronald F. Nino, AICP
Chief Planner
March 13, 197
LAND USE INTENSITY CHAKACTERISTICS SAMPLED ACLF/ALF'S
B_ENTLEY VILLAGE (SDP-$8-88'I
Bentley Village is made of independently designed living units set within a golf course
designed community. All units are served by central dining facilities and additional
recreational amenity facilities two clubhouse facilities. A nursing care and assisted living
units are also part of the overall master planned community totaling 492 dwelling units.
Site Area =: 86 acres
Gross Floor Area = 904,198 sq. ft.
Floor Area Ratio = 0.24
No. of Units = 492
Units per Acre = 5.72
MOORINGS PARK (SDP-89-150)
Moorings Park is a development of both independent living units, nursing care and assisted
living facilities together with supporting services and recreational amenities.
Site Area
Gross Floor Area
Floor Area Ratio
No. of Units
Units per Acre
83 acres
380,00 sq. fL
0.105
498 (In Place 387)
=6
AGENDA iTEM
No...~,~
JUN 0 4 1997
PI. /~'
r,.. ^GE.~,.rrEM /
THE CARLISLE ¢SDP-96-105)
The Carlisle is under construction Ed is located on the west side of Airport Road (*'ormer
Smallwood Nursery Property). It consists of a multi-story to nursing care.
Site Area ,. 17.8 acres
Gross Floor Area = 354,143 sq. fi.
Floor Area Ratio = 0.4567
No. of Units = 390
Units per Acre ,,, 21.9
BRIGHTON GARDENS (SDP-96-134)
The Brighton Gardens facilities are under construction and is located on the west side of
Airport Road immediately south of Emerald Lake Drive. It is a multi-story building, housing
aging in place units from independent to assisted to nursing care.
Site Area = 5.15 acres
Gross Floor Area = 76,000 sq. ft.
Floor Area Ratio = 0.34
No. of Units = 117 (134 beds)
Units per Acre = 22.7
CHANCELLOR PARK AT Naples
This is a proposed aging in place development. An application for Site Development Plan
approval will shortly be made. Characteristics as reported are as follows:
Site Area = 7.5res
Gross Floor Area = 128,900 sq. ft.
Floor Area Ratio = 0.394
No. of Units = 148
Units per Acre = 19.73
SAMPLED ACLF/ALFS MEMO/md
JU~ 0 ~ ~7
ORIGIN: Community Development & Environmental Services
AIJTHOR: Ronald F. Nino, AICP
Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: 2.42
LDC SECTION:
CHANGE: Amend Section 2.2.12.1 Permitted Us~s for the C-lfr District to Md certain Health
Services for all manner of medical related offices and to make appropriate adjuai~nents for other
sections affected by this change.
REASON: Currently the offices of various medical disciplines as defined by SIC Codes 8011 to
8049 are authorized as conditional uses in the C-Iff district, and as permitted uses in the C-2
zoning district. An analysis of the uses pennitted as a matter ofright in the C-Iff district
provide no rational or bases for one to have determined that the offices of various medical
disciplines function an y differently or intensely than those uses authorized by right. The C-I
district was designed to function as a professional and business office district and as a
transitional use to residential areas. Certainly the office of a medical practitioner falls within this
transitional land use theory.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the LDC as follows:
2.2.12.2.1. Permitted uses.
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521).
Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371,
7372, 7374-7376, 7379).
4. Child day care services (8351).
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.
Engineering, architectural, and
2.2.12.2.2.
2.2.12.3.
4442=
4-~.13,
~4.~5.
4~.~6.
Health Services {8011-8049'L
Individual and family social services (8322 acfivily centers, elderly or
handicapped; adult day care centers; and day cate centers, adult and
handicapped only).
Insurance carriers, agents and brokers (group 6311..6399, 6411).
Legal services (8111).
Management and public relations services (groups 8741-8743, 8748).
Miscellaneous personal services (7291).
Museums and art galleries (8412).
Nondepository credit institutions (groups 6141-6163).
Real estate (group 6531-6541).
Any other commercial use or professional services which is comparable in
nature with the foregoing uses including those that exclusively serve the
administrative as opposed to the operational functions of a business, and
are purely associated with activities conducted in an office.
Use accessory to permitted uses.
Uses and structures that are accessory and incidental to the uses permitted
as of right in the C-l, C-1/T district.
2. Caretaker's residence, subject to section 2.6.16.
Conditional uses. The following uses are permissible as conditional uses in the
commercial professional/transitional district (C-l, C-l f f), subject to the standards
and procedures established in division 2.7/4.
I. Civic, social and fraternal associations (8641).
2. Depository institutions (groups 6011-6099).
3. Educational services (821108231).
Homeless shelters, as defined by this code.
Mixed residential and commercial
2
Current Planning
Chahram Badamtchian
DEPARTMENT: Planning Services
LDC PAGE: 2: 4 5
LDC SECTION: 2.2.13.2.1.
CHANGE: Staff is proposing an amendment to the C-2 Commercial
Convenience zoning district in order to remove uses not
appropriate for the district.
REASON: The purpose and intent of the commercial convenience
district (C-2) is to provide for small scale shopping and
personal needs for the surrounding residential land uses within
convenient travel distance. In the opinion of the staff, used
merchandise stores (such as pawn shops) and retail firearm and
ammunition stores do not conform to the purpose and intent of the
district. Additionally, repair shops for large electronic
equipment and white goods are not appropriate for the district.
These uses were inadvertently included in an amendment to the c-2
district during the last LDC amendment cycle under the
Miscellaneous Retail and Miscellaneous Repair headings in the SIC
code. This amendment would eliminate these uses from the C-2
district.
FISCAL & OPERATIONAL IMPACTS: This amendment should have little
or no fiscal or operational impact on the County.
RELATED CODES OR REGULATIONS: None.
Amendment to the LDC as follows:
2.2.13.2.1. Permitted Uses.
a=. 6.Food stores (groups 5411 except supermarkets,
~. 7.Gasoline service stations (5541
section 2.6.28. i
AGENDA I~EM
JUN 0 4 1997
,..
ubS~t to
General Merchandise Stores (5311-5399)
t0~9.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.
ll~10.Hardware stores (5251).
~2~ll___~.Health services (groups 8011-8049, 8082).
%-3-~12.Home Furniture, Furnishing and Equipment --~tores (groups 5713-5719, 5731-5736)
~4-~13.Libraries (8231)
~-~.14. Miscellaneous Repair Services (7629, except
"aircraft, business and office machines,
large appliances, and white good~ such as
refrigerators and washing machines, 7631).
¥6=.15___~. Miscellaneous Retail Services ~5912, 5942-
5961).
%-7=.16___~ Museums and Art Galleries (8412).
4~8~.17. Paint, glass and wallpaper stores (5231)
%-9=.18.
Personal services groups
~ 7291)
(7212,7215,72215-~-7251, ·
Security and commodity brokers, dealer,
exchanges and services (groups 6211-6289).
United States Postal Service (4311 except
major distribution center).
Veterinary services (0742 excluding
outside kenneling).
2~.22. Videotape rental (7841).
~4~.23. Any other convenience commercial use which
-- is comparable in nature with the foregoing
uses including building for retail,
service and office purposes co
JUN 0 1991
with the permitted uses and purpose and
intent statement of the district.
JUN 0 ,t 1997
P~. ~
ORI~IN~ Current Planning
AUTHOR~ Ronald F. Nino, AICP
Chief Planner
DEPARTMENT~ Planning Services Department
LDC PA~E~ 2.53
LDC SECTION~ 2.2.15.2.1 Permitted Uses
CHA/~Ez To add certain Health Services uses that have not been
accounted for in any commercial zoning district to the C-4
General Commercial District.
REASON~ A review of permitted health care uses as described at
Major Group 80 of the Standard Industrial Classification Manual
reveals that no zoning district classification provides for
certain health service related land use activities. These
omissions include the following: SIC Codes 8051-8059 Nursing and
Personal Care Facilities, SIC Codes 8071-8072 Medical and Dental
Laboratories and SIC Codes 8092-8099 Miscellaneous Health.
Oftentimes many of these uses are a function of a General
Hospital which is allowed as a matter of right in the C-4
district, therefore, the most logical approach would be to allow
all of these uses in the C-4 zoning district.
FISCA' & OPERATIONAL IMPACTS~ None
RELATED CODES OR REGULATIONS~ None
Amend the Land Development Code as follows:
2.2.15.2.1 Permitted Uses
14. ~ ~¢plth Services (Groups 8051-8059
8062-8069, ~071-8007~ and 8092-8099.)
2.2.15.2.1 LDC AMENDMENT/RFN/md/H:MARIE'S LDC
JUN 0 4 1997
AG, EN EM
ORIGIN: Current Planning
AUTHORS: Marco Island Vision Committee Ad Hoc Land Use Subcommittee
(Todd Tateo, Chairman; Herb Savage; Art Quinnell; Bill Dunnick; Maryann Lazarus;
Darrel March; Patrick Neaie; Bill Morris; Jim Johnson) Staff Liaison: Bob Mulhere,
AICP, Current Pla~ming Manager
DEPARTMENT: Planning Services Department
LDC PAGE: N/A
LDC SECTION: 2.2.26. Marco Island Zoning Overlay.
CHANGE: Adoption of the Marco Island Zoning Overlay.
REASON/BACKGROUND: The Marco Island Master Plan requires the creation of
various development standards prior to development v,'ithin the commercial/mixed use
districts. The Master Plan requires that these development standards be adopted within
one year of the date of approval of the Plan. The Master Plan was found to be in
compliance on January 3, 1997. The Board of County Commissioner~ directed staff
work with an ad hoc committee of the Marco Island Vision Committee (appointed by
the Board).
The ad hoc committee members, listed above, met over twenty-five times,
commencing in November of 1995. The committee's recommendation is to carry
forward the attached Overlay Document, recognizing that some additional work is
necessary. The document provides for development standards which are specific to
lands located within the boundaries of the Marco Island Master Plan, including
standards for single-family, multi-family, mixed use and commercial development,
signage, redevelopment standards, and so on. Nonetheless, the committee was of the
opinion that additional district specific design and development standards may be
forthcoming in the future, with the input and involvement of residents and business
and propert)' owners within the specific district. It is important to note that the
recently adopted architectural and site design standards will apply to all commercial
and mixed use developments within the Marco Island Master Plan boundaries. The
committee requested that the document be brought forward during this amendment
cycle, with the understanding that future amendments/additions to the Overlay may be
necessary.
The Marco Island Zoning Overlay document is broken down into several major areas
including: residential lands (single and multi-family and residential touri~ which
includes several timeshares and the major hotels and motels along the beach):
commercial lands (which deals with various commercial district and sub-districts);
section ~~,~
signage; paxking of major recreational vehicles (this is already include~
LDC and is just being relocated into the zoning overh [y); an~~s. [ '
~ THIS DOCUMENT WAS AMENDED ON MAY 4, 1997,
TO REFLECT THE DIRECTION OF THE COLLIER COUNTY
PLANNING COMMISSION AS STATED AT THE PLANNING
COMMISSIONS PUBLIC HEARING ON THESE LDC
AMENDMENT HELD ON APRIL 9, AND APRIL 30, 1997.
The Marco Island Master Plan allows mixed use and residential in the commercial
districts, but not until specific design and development standards have been created.
Since those standards have not yet been created, the subcommittee recommended
requiring a PUD rezone for all mixed use or residential projects located within a area
designated commercial on the Marco Island Master Plan. The rezone process would
allow sufficient public input and staff review should a land owner wish to develop a
mixed use or residential project between the date of adoption of the overlay and the
creation and adoption of district and sub-district specific development and design
standards. The estimated time frame for developing these standards is between 12 and
24 months. The County Attorney's Office, after reviewing this document, indicates
that v'hile we cannot require, a rezone to PUD. we can encourage one. Therefore, this
document does not require a PUD rezone for mixed use development v-ithin areas
designated commercial on the Marco Island Future Land Use Map, but does encourage
such a rezone. Since only the C-3 district currently allows mixed use development, and
only under very restrictive conditions, until such time as sub-district specific
development and design standards are developed, mixed use development, for all
intents and purposes, v-ill occur under the PUD zoning district. It is the staff's
recommendation that the Board direct staff to work v-ith property and business owners
within each of the districts and subdistficts to develop design and development
standards which v'ill preserve and enhance existing styles of development which are
desirable and to create a "blue print" for future development which v'ill address
existing problems and ensure the future viability of these commercial district v'hile
adhering to the provisions of the Master Plan. It is the staff's recommendation to start
v.ith the village Commercial District. followed by Community Commercial and Tov'n
Center Mixed Use.
The subcommittee also recommends that for projects less than one acre in size, they
be permined to develop subject to the development standards contained in the overlay.
and where the overlay does not address a specific development standard, for mixed
use projects the development standards of the underlying zoning district would apply.
For residential developments under one acre in size, where the overlay is silent, the
development standards of the RMF-12 district would apply. Staff supports the use of
these development standards but additionally recommends requiring a conditional use
approval for all mixed use or residential projects less than on acre in size. In this way,
staff can be sure that desired site and structural improvements u-ill occur.
The overlay proposes comprehensive sign regulation ch rages. For the most part.I
change are more restrictive than the County Code. 'Iae re~ctsan~
Page 2 05/06'97 $:3~. AM,JUN 0 ~ ]~:J? 1t
based on consideration and review of the recommendations of the design charette held
on Marco in April of 1995, and review by the subcommittee of several sign ordinances
from around the country including the City of Naples, Sanibel, Hilton Head, Coral
Gables, and several other codes from California and Colorado. In general, staff is
supportive of the signage restrictions proposed by the subcommittee. One area of
concern, however, is with the proposed treatment of nonconforming signs. The
subcommittee recommendation is to require all nonconforming signs to be altered to
adhere to the overlay restrictions or be removed within one year. At this time County
Attorney's Office has not completed the review of the proposed overlay. There may
be legal issues with this proposed methodology for dealing with nonconforming signs.
Staff has had several meetings with citizens and other interest groups on Marco
relative to the Overlay in general, and signage in particular. The Marco Island Area
Association of Realtors (M1AAR)has reviewed the proposed overlay and while
generally supportive, expressed some concerns relative to certain aspects of the sign
regulations. All of the concerns of MIAAR have been addressed except that staff and
the CCPC did not support increasing the height of various real estate signs. Said signs
may be placed on the property line provided they are a minimum of fifteen feet from
the edge of pavement, therefore it was the opinion of staff that additional height was
not warranted. The ccPc agreed with staff, the
There was substantial discussion at the CCPC with respect to treatment of existing
nonconforming signs. For temporary real estate signs such as model home signs, for
sale signs and the like, the overlay allows them to remain in place until December 31,
1997 at which time all real estate signs are required to conform to the overlay
restrictions. On premise permanent signs (such as commercial wall, ground or pole
signs) may remain in place for a maximum of five years from the date of adoption of
the overlay district signs, however, in the interim, an)' structural alteration shall not be
permitted unless the sign is brought into conformance with the standards of the
overlay.
The subcommiuee had also recommended allowing the full range of C-5 uses on
various lots fronting on the east side of Bald Eagle Drive (within the Town Center
District. The subcommittee felt that there was a shortage of developable C-5 zoning
and that this would make it difficult for various service related businesses to locate on
the island. The allowance for the full range of C-5 uses was further restricted in that
Outdoor Storage Facilities were prohibited as a permitted principal use, and the
Architectural and Design Standards set forth in Division 2.8. if the LDC were, of
course, applicable. Several residents and representatives of various civic groups
objected to allowing additional C-5 uses along Bald Eagle Drive. It ,,,,'as also stated
that these uses were in conflict with the existing Deltona deed restrictions. Staff
proposed removing the allowance for C-5 uses along Bald Eagle Drive and reviewing
the appropriates and necessity of additional C-5 zoning of
district specific development and design standards for
Page 3
05/06~97 8:39
as part of the development
JUN 0 1997
District. until Within the Town Center Mixed Use District. The CCPC supported
staffs recommendation.
Additionally, within the Town Center Mixed Use District, along Elkham Circle and
several other side streets, there are existing outdoor storage yards which do not
conform to the buffering and screening requirements of the C-5 zoning district in
which they are located. This overlay proposes to require those storage yards to be
fence or otherwise appropriately buffered within one year of the date of adoption of
this overlay.
A town hall meeting was held on February 26, 1997 at Frank Mackle Park. The
proposed overlay was discussed and copies were distributed. Copies were sent to the
major civic organizations including the Marco Island Taxpayers Association, the
Marco Island Civic Association, the Marco Island Area Association of Realtors. the
Marco Island Chamber of Commerce and the Condominium Managers Association of
Marco Island. Copied were made available to the press.
FISCAL & OPERATIONAL IMPACTS: The will be some fiscal impacts
associated with various aspects of this amendment. For example, the section dealing
with signs is more restrictive than the current Count>' sign code. There will be a cost
associated with replacing nonconforming signs.
Some of the potential fiscal impacts are difficult to quantify at this point in time.
Surely the fact that the Marco Island Master Plan now allows for mixed use and
residential uses within the commercial designated districts could have a beneficial
impact on the value of some properties as there will be an expanded market potential.
Operationally. there will be some impact on the County staff, at least initially, as the
Marco Island Overlay provides for numerous different development standards. The
operational impacts will lessen as staff is trained and becomes familiar with these
development standards.
RELATED CODES OR REGULATIONS: Marco Island Master Plan
Section 2.2.26
2.2.26.1
Page 4
Marco Island Zonint Overlay District (MIZOI,
Purpose and Intent.~ '['be followin~ desitn guidelines and
development standards are intend¢~l to assure orderly and_
a~propriate development or~ Marco Island. while still ~roviding
sufficient flexibility for the oro~rrv owner and desi0,~
- ,'- eulatib~
and direction under which ~h¢ ~nt~f
05/06/97 8:3 ,M JUN 0 A 1997
2.2.26.2
Marco Island can occur wit]~ assurance that the trot)ical, small
town environment of Marco Island is vrotected and t)reserved.
and that development argot redevelot~ment refle~ the uniau;
residential and c0mmer;ial characteristics of the Island,
Geoltraphic Boundaries. These luidelines and standa~s a_~r~IY
t0 those land~; covered bY ~he Marco Island Master Plan. Thi.,
includes the land fi.om the ~ollv Bridite southward and abuttine
the C)ulf of Mexico to the west. Caxambas Pass and Caxamba~
~Ba¥ tO the ~;outh, and Bi~ Marco Pass 1o the nor~hwcs't. Bis;
Marco River tO the north and northeast, and Barfleld Bay to
~;outheast. This above d;~ribed area includes all of the
following planed subdivisions, as well as any future subdivision
0f land within the arco covered by the Marco Island master Plan:
Marco Beach Subdivisiorh Units I throu;h 13. 15. 21.22.23.
and 25; Collier City Subdivision and Old Marco Villale
Subdivision (AKA"OId Marco" ); Marco Hiihlands
Marco Highlands Addition (AKA "The Hiehlands"): [ea-a~f
Subdivision; J. M. Barfield Subdivision: Caxambas Estates 2'~
replat and Seven Sailors Subdivisi0r~. The~;e reeulations do not
apply to the areas 'known as Ooodland, or any areas in the
Marco Shores PUD/DR1. includine the Key Marco
Development (AKA. Horr's Island). Ca~ Marco PUD. and
Hideaway Beach PUD. The areas included itl the Marco Island
Zoning Overlay District are d~;:ln0ted on the official Collier
County Zoning Atlas Maps b~' the designation MIZO followin[
the zoning designation..
Page
05/06/97
0 4 1 97
II~J, WAV
MAim Nil
FESTERN
MARCO ISLAND
lit ICLWNI II YN
LANDS SUBJ£C:T TO PROVISIONS OF MARCO ISLAND ZONIN8 OVERLAY
Map I
Page 6
05/06/97
AG£1~DA....JT E M
No. ~
JUN 0 & 1997
~9 AM
EASTERN
MARCO ISLAND
LANDS SUBJECT TO plqOVt$lON$ OF MARCO ISLAND ZONING OVERLAY
~.2.26.3
Page 7
ADt)licability., The~e standards and ~uidelines are appl~cab
the above described eo ic _. rio s
intended to supplement the
JUN 0 4 1997
05/06/97 ~:39 ~ M
n. ~d
rel~ulations found in this code. and to thereby imt)lcrncnt the
policies, goals and objectives found in the Marco Island
Plan. In the event 0fa conflict t~,'een other m-o,,isions ofthi
lode and ther~e regulations, the re_~ulations comained in this
overlay shall
2.2.26.4
Exceptions to these pesh~n Guidelines and Development
Standard,s... l~xception$ to th~ do'clopmo~t standards may I:~
a~pproved by the board of zonint m~eals subiect to ~h¢
procedures and conditions sc~ forth in sec'~ion 2.7.5 of this code.
~d pursuant to the PUD m-occdurcs se~ forlh in Section 2.7.3.
of this Code.
2.2.26.5
Nonconformin~ Uses and Structure.s: ~11 proiects having been_
granted a Final Site Develo~men! Plan, or building ~n'mit
approval prior to the effective date of this Ordinance. but which
do not comply with the standards contained herein, shall be
considered legal nonconforming structures and/or u~;es.
Structures and/or uses in existence as of the date Of adoption 0f
this overlay district which are not consistent with the _~rovisions_
set forth herein, shall enjoy all of the rights accorded to a
~onformin~ use, subiect to all other applicable count~' ¢ode~ and,
ordinances, except that nonconforming signs shall be subject to
the provisions of Section 2.2.26.10.2.2.4. of this code. Changes
in nonconforming uses l~hall be permitted in accordance with.
Division 1.8 of this code. Redevelopment shall adhere to the
conditions found in Division 1.8 of this code. Ail lots of
record, as defined in this code, which do not conform to the
standards set forth herein, shall be considered nonconforming
lots of record and shall be afforded all rights granted to such as
set forth in this code.
2.2.26.6.
Lands Designated Residential on the Future [..and Use Map
of the Marco Island Master ]Plan.
2.2.26.6.1.
Sinele Famih'. Single-family ~tructures are permitted in the,
Low Densitv Residential District set forth in the Land Usc
~scription Section of the Future Land Use
~Element of the Marco Island Mas~er Plan.
2.2.26.6.1.1.
Page 8
Permitted Uses, Conditional and Accessory ~ses: As found
within Section 2.2.4., Residential single-family di~u'icts {RSF),
of this code,
No. -...~.,~'
05 '06 97
JUN 0 4 1997
39 AM
P~.
2.2.~6.6.1.2. evolo me t a rd: As found ~tbin Section 2.2.4.4~.
imensional tandar o ' c ted be w'
1._ ~Minimurn yard rcquircrncnts~
Front Yard; TwcnW-fiv¢ feet~
1. Lots with ope-hundred feet or more of street frontait~
- 8 feet..
~. ~9rner lots with frgp~t~e of ope-hundred feet
more on one public ~;treet - 8 fee~t.
3. LoTs with less than one-hundred feet of ~treel
frontage - 7.5 feet_.
2. Maximum Heiizht:
a_L.P_rincipal Structures. 35 feet, as measured from
FEMA minimum required flood elevation, or, wher~
no minimum FEMA elevatior~ bas been established,
~rom the required first finished floor elevation.
b) Accessory Structures. 20 feet, as measured from
· existing eround elevation Orl average, of the subiect.
~arcel, except for attached screeP enclol;ures which
~ay equal the maximum height ~ermittcd fgr
principal structure~.
3..:_ Minimum Floor Area: Fifteen hundred (1500) square feet o.f
livine area_.
4. Maximum Density: 4 dwellin~t units t~er acre_.
2.2.26.6.1.3.
2.2.26.6.2
Page 9
~idel'mes: Reserved.
Multi-Family._ Multi-family 1;tructures are permiged jn th~
Medium and High DensiW Residential Districts set forth in the
Land ~Jse Designation Description Section of the Future Land
Use ~ement of the Marco I~land Master Plan.
05/06/97
AGENDA ITEM
No. ~
JUN 0 1997
8:39 AM
· 6.6.2. Pe it~e i al c · _As found
of t ev
zoning designation of the t}ro~srt~
~.2.26.6.2.2.
Dev¢lqument Standards: As found within sections 2.2.5.4.
lpimensional ~tondards_ {'RMF-61: 2.2.6.4,_ Dimensional
l;t~dards (R34F-12) . and 2.2.7.4L Dimensional standards
~ 9f ~bis code based on the underlvin~ zonin~
~lcsi~nation on the 0ro~vav. and as set forth below~
2.2.26.6.3.
2.2.26.6.3.1.
~,2.26.6.3.2.
Page 10
]. Minimum yard reauirement$1
a) Waterbont yard: Twenty feet (20'1 at a minimum,
2. Maximum Dcnsin': Density ~a4Ihin districts allow~n_~ for
multi-family residences shall not exceed the density set forth
for Medium and High Densiw Residential Districts, as
~:ag ~¥ be, as ~ forth in the Future Land U~e Element
_the Marco Island Master Plan.
i n Standar d ' : ·
R~idential Mixed Use,The Marco Island Ma~er Plan. in the
Residential Mixed UI;¢ Di~fict. limits residential dwellin~,s tu
multi-family struq~ures. Hotels, motels, timeshare and farnilv-
qare facilities; are ~rmirted. Non-residential uses tx-rrnitled
this district are limiled to those that are comoalible with and/o,:
Support the character of the are~. These uses include: oarks,
9pen space and recreatiorml use~;, churches, schools, libraries,
cemeteries and essential services as defined in Section 2.6.9..
Essential services, ofthil~ Code.
Pe.rmitled~ Conditional and ~ccessorv Uses. As orovided for
~n Section 2.2.8., Residential tourist ~is~rict. of this Code, Park~
~d open s~ace shall ~ ~rmitted uses. Recreational uses which
are not accessory to a ~rmittcd orinci~al use. schools,
cemeteries and libraries ~hall be coI~djtjonal uses and essential
services shall either be permitted or conditional uses as set forth
in Section 2.6.9., Essential services, of this Code-.
Development Standards: /~S found within Section 2.2.8.
Dimensional standards, of this code or as may otherwise
provided within a PUD zonin~ di ;tfict. AaENDA ITEM
NO. ~
JUN 0 4 1997
05/06n)7 8:3! AM
~ardsand uideine: R s
andsDesi nat d mm rciai t e u r n s
~ of the Marc9 Island Master Plan,
5.2.26.7.1. Development and l)imensional Standards, and Desir, n
ide ines for m rc'a i d '- ' '
]Develo_oments._All of the orot~rties desi~.nated commercial on
the Futur and - e
al w ix ide il an ' ve
districts are; the Village Commercial District: the Communit~
~2~mmercial Di~rict; md the Town Center/Mixed Use Di~ric3~
Additionally, the Villaee Commercial and Town Center/Mixed
Use districts allow for residential m~lti-familv uses, Th~
~timensional and development standards t~rovided in this cod,:
for the underl~'ing zoning district shall avvlv, exce_~t
Otherwise provided for below. Tl~e Master Plan calls for th,.
Creation of development standards to lg aoolied in the case of
mixed use or residentiOl dev¢loomen! within areas designated
commercial on the Marco Island Master Plan Future land Us,.
_Map. This overlay district gill be amended as necessary
development standards for s~cific distfiClS are develo~d.
the interim, the followint orocedures for mixed use
residential development on vrovert¥ desitnated commercial b~
the Marco Island Master Plan shall
2.2.26.7.1.1.1.
Page I !
Mixed Use Development,s: Proiec~;$ vrovosing both residentia!
multi-family add commercial uses for a sinitle vroiect oi
building on lands desienated commercial OB the Marco Islan~
~Master Plan shall adhere tO the fOIlowimz orocedureE.
Proiects equal to or sreater than one acre in size. Specific.
design and development standards ~hall be developed fo~
each of the commercial districts ancttOr ~ub-distric!}
identified herein. Until ~;ucb design gad develot~men.~
~tandards ha_ye been devel0~ed and incorporated into thi~
overlay document, no mixed use development shall lac
permitted for t~roiects equal tO or creater than one acre iii
size, except where a PUD rezone is ~rovosed. All of th~.
provisions of Sec. 2.2.20.~ ~ianned pn~t devetopment
district of this Code hall a 1 'to a i ed us D exce t
that the minimum size shall b¢ one acre~
AGEND~ ITEM
~0.
JUN 0 4 1997
AM
05~06~97 8:3S
2.2.26.7.1.1.2.
Page 12
· ' ' C
ro ct ' ' '
development standards shall be develo~d for each of the
~:ommercial districts ~.ncl/or sub-di~ricts identified herein,
Until such del;ism and develooment standards have beea
devel0~d ~nd incomorated into this overlay document, nu
13i~ed u~e develo0ment shall be ~rmi~ted for oroieets und¢i
one acre in size. exceot with am)royal of a conditional use a~
provided for in Section 2.7.4, of this code. The conditiona~
~se ap01ication shall include the submiual of a Si~
Developmem or Site Improvement Plan which addresses
provisions set forth in section 2.6,26.7,2.. ,4dditions, Sit~
Improvements ~nd Rcdcvelcpment~
Residential Multi-family Develouments. proiects urooosin~ to
develop only multi-family residential on lands desilznated
Commercial on the Marco Island Master Plan shall adhere to the
followine _~rocedures:.
1. Multi-family residential development on oroiects equal to or
grea~er than one acre in size - s~ecific desism an~l
developmem starldards shall be devel01~d for each of the
commercial distriCtS and/or sub-districts identified herein.
~ntil such design and develovment s~andards have been.
developed and ir~¢orvorated into this overlay document, nv
multi-family develooment shall be ~rmitted for ~roiect~
~qual to or greater than one acre in size. exceot ,.,,'here such
i_ands are currently goner to allow for such a use and density
Of units per acre, or where a PUD rezone is t)ro~sed. All o.f
the provisions of Sec. 2.2.20, of this code shall a~olv to ~
muhi-familv PUD, exceot that the minimum size shall be
olne acre. Where this overlay is silent with resoect to
development ~s~andards for residential develo_oment in ~
commercial district or subdistficts, the developments
~tandards for the KMF-12 district .shall be utilized as ~
guideline for the PUD_.
2..~. Multi-family residential develo~)ment on t)roiects less than
one acre in size shall be rec~uired tO obtain conditional use
~proval as provided for in Section 2.7.4, of this code.
u_nless the underlvinl~ zonin~ on the ~ro~m' ~rmits
residential multi-familY uses. The c0.,ditior~al use
applica~.i0n shall include ghe submittal of a Site
Develot~ment or Site Imt)rovement Pla~. as is am)lic:,hle-
- . AG£NI:IA/TEM
which addresses the vrovisions set forth in s~ u'~nt.,~
2.6.26.7.2., 3ddition,. ~,~it¢ ~,~_ ir~t~nts and_
05!06z97 S:39 ,M ,JUN 0 4 lg~7
Redevelopment, Wl~¢re the underl¥inl zonine ~rmits
residential multi-familY uses at a density less than that
~iged by the M~co Island Master PI~. the ~ro~
shall ~ rezone¢ to ~ a~ro~Hate district allo~nF for the
densiw qo~ t~ exceed that ~i~ed by ~e Fu~g ~d Ug
Element of the M~co lsl~d Masler PI~
~.2.26.7.1.1.3.
Commer,;ial pevflooments,_ Proiects t~rooosin~ only
commercial u~e~ with no residential comoonent, located in a
~:ommercial zonina district which oermits cbc ~ro~t~oseu
commercial u~(lfl shall adhere to the devclot~ment s'uand,~ds sci
forth in said zonin~ district. Projects t~roposin~ commercial uses
with no residential comoonent, located in a residentially zoned
district shall be required to rezone to an apt~moriate commercial
district or may rezone t9 a PUD zonin~ district subject to thc
provisions of section 2.2.20. Of' this code. excc_ot that the
minimum ~ize shall be one acre,
2.2.26.7.1.2.
Communih' Commercial District - The pumose of this district
is to provide for centers Of Octjvity that l~erve the needs of th~
surrounding communitY, Thc five seoarate areas designated
Com.munity Commercial on the Marco lsl~,nd Future Land Use
Map, are further identified below as sub-districts. Due to the
unique nature of each of these sub-dil;trict~ ~d thc l;urroundint
neighborhoods, the f0llov, jrm st)ecific sub-district development
standards have been develot~ed,
2.2.26.7.1.2.1.
Page 13
Collier Boulevard pedestrian Tourist Sub-District - This
~;ub-district is characterized I?¥ i~ei~hborhood commercii~l uses.
and other commercial uses which ¢~ter both to tourists and year
round residents. This sub-distfiC$ is ~rther identified as follows:
~ollier Boulevard Pedestrian Touri~;t Sub-District North. located
alon~ the east side Of ¢ol}ier ~oulevard, in close proximity to
the Gulf of Mexico, north of San Marco Road (SR 92): and.
Collier Boulevard Pedestrian Tourist Sub-District South, als9
located on the east l;ide Of Collier Boulevard. in close t~roximi!¥
to the Gulf of Mexico, South of San Marco Road. The
koundafies of the ¢011ier Boulevard pedestrian Tourist District
are depicted on Map # 3 and Map # 4 ~10w. 13otb the N0rlh and
South Collier Boulevard ?eOe~tfian Tourist Sub-Districts are
located in close proximity tO, ~d thus se,'~'e, thousands of time
share, hotel and multi-family d',','¢lljne units.
05;06'97 8:3!
No. ~
,JUN 0 ,l 1997
AM
CLA~I
BAT
Pa~e 14
S~d4C£ZC
CO~00
COCO
COLLIER BOULEVARD pEDESTRIAN TOURIST SUIDISTRlCT (NORTH SICTION)
OiI THe COMMUNITY COMMIRClAt. DISTRICT
Map3
05/06/97
AGENDA ITEM
No. O.J
JUN 0 4 1997
AM Pl. ~
PN&SC I
COI. LIER
2.2.26.7.1.2.1.1.
Page 15
van~CaL.~
BOULEVARD PEDESTRIAN TOURIST SUBDISTRICT (SOUTH
OII THI COMMUNITY COMMERCIAL DISTRICT
Map 4
Permitted, Conditional and Accel,
the underlying zoning district,
development is permitted, subject lc
05/06/97 8:39 AI~
nrv U~es. As Dcrmittc
exCc~a~:'~ I~xed
the pro~'~tqnS ~¢t fortl
JUN 0 ~ 1997
SECTION)
..26.7.1.2..2. Develo me t t a ·
I. Commercial Use~.~Ybe develovment standards for the_
- undefl 'n zonin dist't a e c t as' 1 w'
Required yard:s:_ ~s ~q forth ir~ the underlying
_zoning district· except as fo]low~'.'
Rear yard; 2~ fe~
Side )'ard: 0 or a minimum of 15 feet_.
Page 16
') Mixed-use' ixe - e develo m t i rmitled 'ec
-' t the rod"si t ' ti . 7 . h'
code. Residenti units I cared th fir t r hal
structural ' se a at d om i nit nd
have se arat and disfnct ent ~'a and hall t be
located adiacent t9 collector or grter~al r0adwavs~
a Minimum vellin ni fa: ~
~quare feet; one bedroom - 600 square feet: two_
or more bedrooms - 750 square feet_.
b_) Maximum Densit3': 12 units ~n' acre~
3 Commercial and ix d e. e fo 1 wSn develo ment
standards a 1' to all develo ment within the llier
~oulevard Pedestrian Tourist Sul;)-DistricL.
a_) Maximum Heieht:_ Three habitable stories~
_whether residential or commercial, not to exceed
forty feet {40'L
b) parkineL The minimum number of 0ff-stree_t
parkine svace$ shall be required on-site, as
~'iion2. fthisc e le
~hared vark
no.
JUN 0 4 1997
05/06/97 l:39 AM -- __ _
reouircments and t)rocedurcs set tot'th in
division 2.3 of this code: a variance from
required number of t)arkin_~ svaccs as tn'ovidcv
for in section 2.7.5, of' this code: or. with th~
l;ubmi~/sion o£ a multiple site im_m-ovement t)la~
(MSDP) or 1;itc dev~:lo_m'nent ~lan (SDP~
pur~;uant !0 the t)rovisions of section 2.2.26.7.2..
two or more adiacem ~oiec~s located within th~
boundaries Of the Collier Boulevard ?¢des~rian.
Tourist Sub-District may tx: avvrovcd for
fifteen ~rcent (15%') reduction in the reouireO
amoum 9f on-site varkinst. Additionally, wh~r~
the combined commercial s~uare fooml~e of th~_
two or more adiacent vroiects is equal to or
greater than 20,000 square feet, required p~rkin~
max' be based on the ratio provided in division_
2.3 for shovpinl centers. The twenW percent
~20O/o) limitation On restaurant s~uare f0ota~e
v,4thin a shov_~in~ center .~t forth in divisio~
~3. of ~his code rnav be increased t~? thirt~
_Parkin~ areas located off ~]lcvs shall be exemvt
from the provisions; ~?f sections 2.3.4,11,9, and
~2.3.4.12.4. of this code and may be Utilized to
accommodate loading, emvlovee ~arking. solic!
waste pick-up and other service functions.
Parking areas required tO suvvort residential
~ses shall be primarily 19cared along the alley.
2.2.26.%1.2.1.3.
2.2.26.7.I.2.2.
Page 17
Commercial Desil~n GuidelinesLSubiect to the provisions o~'
Division 2.8. Architectural and i~e i t dards and Sit,
Design Standards for Commercial Buildings and Proiects~
Barfield Sub-District._ ~is sub-dis~ric! is located at the.
intersection of Barfield Drive and San Marco Road (SR 92):
:l'his sub-district is predominantly developed with neighborhoOd
commercial type uses including a farine erocerv, dru~
hardware store, restaurants and various retail shops. Th~
Baffield Sub-District iS surrounded bY established single family
neighborhoods. The boundaries of the Barfield Sub-Disirlct ar~
_depicted on Map # 5 belov,~..
05~06'97
I AGENDA ITEM
"o.
JUN 0 4 1997
:39 AM ./.
2.2.26.?.1.2.2.1
Page I 8
IANFIELD SUIDISTRICT
OF THe COMMUNITY COMMERCIAL DISTRICT
Map 5
Permitted, Conditional and Accessory Uses. As _r)crmittcd irt<` AGENO~ rr£~a
thc undcrlyinc, Z01~inc' district, except that mix_ed us '~
No. ~
o~/o~/o7 ~:~ )^~UN 0 4 1997
evlo menti rm' ed u' t --'
c' .. 7..' e. u dtc a
~ccessorv and incidental to multi-family dwellings, as provided
for in section 2.2.6.2.2. of this code. shall be ~ermitted
~colajunction vdth a,n approved mixed use development,
5.2.26.7.1.2.2.2.
Page 19
DeveloDment Standards;
Cqmmercial ~lses. I1~¢ development standards for the
~underl¥ine zonin~ district shall avplv, excevt as follow~:
Required yar&4: A~; set forth in the underlvina
~oning district, except ag follows;
~ear Yard: 25 feet
2. ~id¢ yard: 0 or 15 feet at a minimum.
Mixed Use:. Mixed uses are ~rr0itted l;ubiect to the,
provisions set forth in section 2.2.26.7.1. Rcsidcmial
components of any development shall either be Iocateo
in an independem lmUlti-familv ~ructur,. or locateo
above commercial uses if located within a mixed us.e
structure. Rel~ider~tial ur~its shall not be located on the
first floor of any mixed use structure.
MinimFm lOw¢/line. Unit ,~rea: Efficiency - 4~50
square feet; one bedroom - 600 ~uare feet; two
or more bedrooms - 750 sauare feel
b) Maximum lOensitv: 12 units ~r acre~
~ommercial and Mixed ~se. The followin~ developmem
standards aCr~lv to all deve,looment within the Barfield_
a) Maximum Heieht3 Three habitable Igories.
whether residential or commercial, not to exceed.
05.:06/97
parkinz: As provided for in the division 2.3. of
this code.
mJUN~ 4. 1997
~.~.26.?.1.2.3.
Commercial Desien Guideline$;_Subitct to the orovisions of
pivisi0n 2.8.. Architectural and Site Desien Standards and
P~si~n Standards for Commercial Buildines and Pro!ects.
Marco Lake Sub-District -_The Marco lake Sub-District is
]0cared adiacent to Marco l_~ke on the south side of First
~,venue. and between Front Street and Marco Lake Drive.
Existine land uses vary widely from retail shoos, restaurants and
~talleries, and a hotel, to medical and contractor~ offices with
gutside storaee areas. Most existin~ structures are two story anu
were cor~l;tructed in excess of twenw vear~ aeo. This is an old¢~
~ubdivi~ign with small twenty-five foot wide olatted lots. Th~
b~oundaries 9fthe Marco Lake Sub-District are de_~icted on Ma~,
# 6 below:
Page 20
05/06.:97 8:39
AGENDA ITEM
JUN 0 4 1997
2.2.26.7.1.2.3.1.
Page 21
MARCO LAKE SUIDISTRICT
OF THE COMMUNITY COMMIRClAL DISTRICT
Map 6
Permitted, ConditiQnal and Accessory Uses. As permitled in .
th unde ' 'in ' 't' ' ' ~,...~/
dcvelopmcm is cermitted, subiec'~!
05,06~97 s:3c. ~,MJUN 0 4 1997 !
co~fi~nction with an sot)roved mixed use develooment,
2.2.26,7,1.2.3.2. pevelot)ment Standards;
Commercial Uses.__The develot~ment standards for the
~r}derlvinlz zoninlz district shall a~a_~Iv, exc~t as follows;
Page 22
Required },ords; ~As set forth in the underlvinlz
_zoninlz district, exc¢~at as follows~
Side Yard: 0 or a minimum sevaration of
l0 feet between structuro,
~. Rear Yard: 15 feet.
Mixed Use: Mixed uses are ~,rnitted subject to the
provisions set forth in section 2.2.26.7.1· ResidentiaJ
cgrrlt>onents of any mixed use development shall b~
located above commercial uses. Residential units shall
I~01 b¢ located in an independent rnulti-farnilv structure.
~9r on the first floor of any mixed use structure.
3tinimttm Dwellimr Unit Areal Efficiency - 450
so_uare feet: one bedroom - 600 ~uare feet: two
9I' more bcdroorns- 750 s0uare feet,
Maximum Density: i 2 units ~ acre
Commerciol and 3~ixed Uses. ~
~tevelovrnent standards a0t)lv to all develoornem within
~he Marco Lake Sub-District.
Maximum tt¢iirhtc Three habitable slories.
whether residential or commercial, not to exceed
05/06/97
Parking.'_ ]:or commercial uses. as re~,,,i,-,a ;-
~i,vision 2.3. of ~J$ code. The existin~~//~l
1997'
8: ^ IUN 0 1997
PI.
Lake Drive Business District orovides for
reduced oarkin~ for _oro_~erfies located ~Sin
~nd~es. A ~tifion ~o ex~d ~he ~und~e~
of ~he M~co Lake Drive Business Di~fi~
i~cl~de additional ~ublic on-~et ~king alonl
From Stree~ may ~ submi~ed by ~ition Io the
~d of counw commission~ for consid~tio~
~ Board may consider the follo~n~ racoon in
tevie~na such a reuuest: ~e num~ of vro~
ogden adjacent to the e~g side of Front Street
~d ~he sou~h side Fill Avenue suv~nine
request; evi&nce of finmcial commitment on
th~ pan of such vm~ o~ lo ~nd
improvements ~hin ghe fiaht~f-wav te0uired
to expand the boundaries of the Marco Lake
Drive ~u~jness Di~fict: m~imi~fion of
available on-si~e varkin~ on vro~nies located
~4thiD the existinl ~d vro~sed ~undafies of
the district, ~d, the impacts ~ the public health
~afetv ~nd welfare as a result of an expansion of
the distfic~
2.2.26.7.1.2.3.3.
Commercial Design Guidelines.',.,Subi~Ct to th~ provisions of
Division 2.8. Architectural ~d Site Design Standards and Site
De~;ign Standards for COmmercial Buildinls and Proiects.
2.2.26.7.1.2.4.
Communitv Center Sub-Diatriet - The Community Center
Sub-District is located in thc geoizraohi¢ center of the island.
and contains such exislinlz land uses as the Marco Island
Oreh0use. the Marco ][sland healthcare center, various medical
and other professional 003c¢s. The bou~qdariel; of the
Community Center Sub-District are depicted Ola Map ~ 7 below.
Fage 23
05/06'97
AGC. N'~A ITEM
No.~.~
dUN 0 4 1997
- AG~.N ITEM
S,u( van;o tiaA::) (C iq.
~" "' "-"' ' .... i"
COMMUNITY CINT(R 5UIDISTRICT
OF THE COMMUNITY COMM~RCIA~ DISTRICT
Map 7
~.2.26.7.1.2.4.1.
Pagc 24
Per~ fitted, Conditiopal and Accessory Uses. As t)ermitted in
ev¢lopmen` is l~rmit~Cd, subiec,!,o th~.~t~s[[:~ set fc th ifi~~~
UAV ~ 1~?
05.~7
8:39
~M
PI. (~ ,.. Y
~¢¢tion 2,2.26,?.1 ,of this code. Ail uses and structures that arc
~Ccessorv and incidental to multi-family dw¢llinszs, as orovjded
fgr in sectign 2.2.6.2.2. of this code. shall be oermitted iJJ
c~r~uncti~n with an av~roved mixed use develovment,
~¢.26.7.1.2.4.g.
Develgpment Stapdards;
COmmercial UsesLThe development standards for the
undedvinsz zoninsz district shall avoN, except as follows;
]{equired vards~As set forth in the underlying
zoning district, excevt as follows;
]. ~¢ar Yard: ~$ feet
Side )'ar& 0 or a minimum of 15 feet,
Mixed Use.'._ Mixed uses are ~ermitted subject to the
provisions ~et forth in ~ection 2.2.26,7.1. Residential
components of any mixed use development shall be
located above commercial uses,
a)
Minimum ~,¢lfine Unit Area:.. Efficiency - 450
souar¢ feet: one bedroom - 600 sau~e feet: two
or more bedrooms - 750 sauare
Maximum Density: 12 units ~er acre.
Commercial ond Mixed Uses, The followine
develooment ,tarldards al~olv to all develooment within
t_he Community Center Sub-District,
Maximum Height: T~e¢ habitable stories,
whether residential or ¢gr~ercial, not to exceed
for~' feet ('40'1,
b)
Parking:_ As reouired in division 2.~ of this
~.2.26.7.1.2.4.3.
Page 25
Cgmmerciai Desiun Guidelines: ,, $Ubject to the ~rqvisions of
Divi$ior~ 2.8, Architectural a~d Site De$i~zn Standards and Site
I)esien Standards for Cgmmercial Buildings and Proiects,
05/06/97
No, ~
~N 0 & 1997
Pg. ~
~,2.26.?.1.3.
Village Commercial District. The _ourvose of'this district is to
provicle ~ mixture of' residential u~e~ nnd au?~o_vfiat,.
_commercial uses Io maintain the historic, village character of
thc area. The boundaries ofthe Village Commercial District ~
devicted on May # 8 below.
Page 26
'/ILl. Ala COMYeACI&t. DIBTNiCT
05/06/97
[LM CO~l T
=. ~ AGENDA IT£M
JUN 0 4 1997
the undel ' i ' 't t
evel merit is itted u' c v~ '
ecfi n .2. 6 t'
e o 'ci '. ' w ' v'
'n cc6 n . .6 ' d al ' '
~0niuncfion with an apvroved mixed use develo0men~
~.2.~6.?.1.3.2.
Development Standards:
1. C. ommcr¢ial Use&
Merchandi:;¢ Storaee and Displav~~
s3orage and disvlav is vermirted on _vroverties
?oned (~-;5 within the Boundaries of the Villal~g
_Commercial Districl as an accessory use
permitted commercial uses. subject to
conditions and rea_uirements set forth in Sections
~.~.151/,.5. and 2.2.1572.6. of this cod~.
~dditiovallv. chair~ link fencin~ is not _vermittea_
w~'hen visible from a t~ublic street, excevt in
c_0njuncfion with landsca~ olantines which
provide p minimum 80% ovaciw at a height of
six feet at the time of_vlantin~. Exisfin~ outdoor
s_torage areas located ~i~hin the Village
~ommercia] District shall conform to this
provision, as well as the vrovisions set forth in
Sections 2.2,15'/2.5 and ~.2.151~. 6,
within one year Of the date of adovtion of thi.s
Mixed ~rs¢ and Residential: ,,_ Multi-family residential
gnd mixed uses are vermirted subiec~ to the vrovisions
set forth in sectior~ 2,2.26,7.1. of this code, Residential
components shall either be located in an inde_vendent
multi-family $tructure, or shall be locgted abov~
~:ommercial us,s if located wjIhin a mixed use structure,
Page 27
a)
b)
05t06~97
Minimum [~hs,ellinft Unit Area; Efficiency - 450
~quare feet; one bedroom - 600 sam feet: two
or more bedrooms - 7~0 sa_uare feel ,
--, AG£N
39 AM
. mmercial ix e n si ntial ~
ye ent tan rd t v w
;he Villaize Commercial Distric&
3taxim~.n Hei~ht~ ~l'hre¢ habitable
~'heth~r ~sidential or co~cial, not tv ~c~d
~ ~or co~ercial uses. ~ required
~iv~s~on 2.3 of this Code. ~e minim~
9f o~-~reet o~kin~ s~aces s~all ~ ~uired
~te, ~s orovided for in Division ~,3 of this c~
unless one ~f the fo]lo~n~ is a~oroved: ~ o~-
~{te or shared p~kin~ ~titi0n pu~uant to
require~eDts and procedures set fo~h in
~.~ ~f this code; a variance fr~m the ~u{red
Dumber ~f parki~ soaces as orovided for
Section 2.?.5. Of this code; or. ~Sth th>
~ubmi~sion of a mu]fiole site imorovement
(MSDP) ~r ~ite development p]~
pursuant to the orovis{o~s of sect{on 2.2.2&?.2.
gf this code, two or more ad{acent oroie¢~
located ~thin the ~undades of the
Commercial Sub-District may ~ aooroved for
~een oercent ~15%~ reduction in the re~uire~
amount o~ on-site Oarkin~. Additionally.
~e combined commercial s~u~re footaae of
~'o or more adiacent omiects is e~ua] to o~'
greater than 20.000 s~uare feet. requi~ed
~ay be based on the ratio provided in division
~3. of this code for sho~oin~ centers· ~e twenty
perce~t (20%) limitation on ~staur~t s~ua)¢
footaae for shoooin~ centers set fo~h in divisio~
2.3,. may ~ increased to thi~v oercent
Page
Houe which inc te 't c ~
Florida Cracker tlc 'nclud~
05/06197 $:!
· rand ' . ' ' , . '
eatVures consistent w't e . ' a u" e ' t'
historic structure 'n t e di trict ' e c ufa ed. Historica
structures located in the a ' lude a'n oilier
^ UN 0 4 1997
2.2.26.7.1.4.
porches; and the Old Marco Inn which incon)orates _lzabled
root's, and detailed trim and architectural features.
Tow~t Center/Mixed Use District -This district is intended to
I~ the major activiw ¢~ter servinl[ the community of Marco
],land and a~; ~uch to function as a cerlt~ of residential.
commercial and ~tertainment activities on Marco Island. This
District ~ermits residential and commercial development, as
well a~; mixed use _~roiects. The boundaries of the Town Center
District are deoicted on Mao # 9 below.
Page 29
05/06/97
AGENDA ITEM
No. ~
JUN 0 4 1997
1:39 AM
TOWN ClNTIN COMMIRClAt. DISTRICT
Map 9
2.2.26.7.1.4.1.
Page 30
permitted, Conditi0pal and Accessory Uses.: A~ i:gq'mittcd by
the underlying zoning district, except as follows:
Commercial Uses. The full range of commercial uses. as
permitted bY the underlvint zoninl~ distr~,..a~£n~^/r£~/i. ~,~
permitted, AG£nDA I?£k;
JUN 0 4 1997
05/06,'97 8:3 9 AM
¢.~,26.7.1.4.2.
Page 31
Muhi-/'amilv residential ond mixed uses. Multi-family
residential and mixed uses are permitted subiect to the
provisions set forth in section 2.2.26.7.1. of this code.
Ftesidential com~nents shall either be located in an
indep, ndent multi-family structure, or shall be located
above commercial uses if located within a mixed usc
~)evelopment Standards
Commercial Uses. The development standards for the
underlying zoning district shall apvlv, except as follows:
a)
Merchandise Storege and Dis_vlaw Merchandise
storage and display Js permitted within the
Boundaries of the Tow~ Center/Mixed Use
District, as an accessory ~se t0 permitted
commercj.al uses, l;ubject to ~[be condjti0ns and
requirements ~et forth in Se~;tions 2.2.15½.5. and
2.2.15'/:.6. of this code, Additignally, chain link
fencing is not permirted when visible from a
public ~treet, excgpt Jn coniunctiorl with
landscape plantings which provide a rrlinimum
80% opaci[v at a height of six feet at the time of
planting. Exil;tin~ outdoor storaee aree'~ located
within th~: Town Center Mixed Use Dis;rict shall
conform to thi~; provision, a~; well as the
provisions set forth ir~ Sect;otis 2.2.15 %.5 and
2.2.1;5 ~. 6. Of this code within 91ne year of the
date of adoption of this overlay district.
Mixed Use and Residential: Multi-family residential and
mixed uses are perrrfitted subject to the vrovisions set
forth in section 2.2.26,7.1. of this code. Fte$iqtential
components of any mixed use development ~;hall either
be located in an independent multi-family ~tm. cture, or
shall be located obove corgmercial U~s if located
a mixed use
a) Minimum Dwell;ne_ Unit drea: Efficiency - 4;50
square feet; one lx',droom - 600 ~uar¢ feet; two
or more bedr90Ilal~ - 750 squ~e feet. ~
I AGENDA ~T£M ·
b), Maximum Density[/2 u~acre.
o ,'os 7 sJUl 0 t m?
2.2.26.7.1.4.3.
Commercial Design Guidelines: Subicct to thc provisions of
pivisi0n 2.8., Archit¢ctura~ and Site ])esi~n Standards and Site
Desifm Standards for Commercial Buildines and Proiects.
~.2.26.7.2.
Addition~, Site l[morovements and Redevelo0ment: Qwners
Of' two or more corl~i~uous oro~rties located within the
bounqt.aries of the Collier Boulevard Pede~tri~ Tourist Sub-
District of the ¢ommuriiW Commercial District. the Town
(~emer Mixed lj~;¢ District. or the Villa~ze Commercial District
may apply for a fifteen percent reduction in the reauired amount
of on-site parkin~ with aot~roval of a multiple site improvement
plan (MSIP), where ~1o additional sauare footalze is prooosed, or
a site development ptar, ($DP). subiect to the t~rovisions of
dMsion 3.;t. of this code. Mirror additions of imp, rvi0~S area
lnecessar3.' tO enhance vehicular, bicycle or pedestrian access to
and from buildinlts and parking areas, not to exceed two-
thousand sq.uare feet, may I~ reviewed und~ l~he site
improvement plan process and l~hall llot require an eneineered
water management ~lan.
2.2.26.7.2.1.
Conditions of A~proval. The MSIP or SDP shall adhere to the
provisions of division 3.3. Site Development Plans. and shall
demonstrate that the followin_~ have been adeauatelv addressed:
provi?ions for bicycle ond p~destrian a¢¢¢~;~ to and from
the site, a~d b~tween adjacent buildings;
provisigns for oarking ~gt aggcss for the disabled as
reqvired by Division 2.3 .of this code;
provi~i0n,s for e~ancgd on-;rite landsca~in~ to the
greatest extent p0g;ibl¢, as required by division 2.4. of
this code;
provisions gO maximize shared USe of infra~;tructure such
as parking, sidewalks, ingress and etress tmints and the
like;
provi~i0ns to irnaximize the safety and efficiency of
internal traffic circulation patt~ms;
provision~ to eliminate or s~ruc~urallv alter on-site
nonconforming signaee such that it conforms with the
provisions of division 2.5. and section 2.2.26.10. of this
c.od¢,
2.2.26.7.2.1.1.
Page 32
Additional Conditions Of dpt~ro;~z!
within the Boundaries of the Vt'Illume Ce'~r^~J~Distric
addition to the provi,ions obove. ~: thin the
JUN 0 1 1997
05.'06~97 8:39 1 M. Pl. ~
District 0r Town Center Mixed Use District. the MStP or SDP
~hall demonstrate thag provisions have been made to maintain
md/or enhance the tndestfian md/or bicycle access to. and view
corridors of. the water on waterfront uro~rties for ~rotnrties or
pro!ects equal to or ~eater than one acre in size. Within the
Village Commercial District. orovisions shall be made to
preserve exi~ing structures which ar~ ~;le~isznated historical by
the County or the State, These provisions may include, but are
not limited lo the creation of the followine:
Pedestrian~bi.cie easements, Where ~destrian
and/or bicycle easements or view corridor
easements have been itranted to the ~ublic. an
adminil;trafive re~tu~,:ti0n 9f a reit!r and/or side
yard requirements by u_u to ten feet may I~
granted bY the planning services director or bis
State and/or local historic desifffnation. Svecific
structurel; Or l;jtes of historic significance which
are designated its historic structure;; or sites may
in coniunction with such certification, be granted
an a~ministrative variance from svecific
develovment standards, including, reauired yards.
parkine, and landscapine in order to facilitate
historic preservali~n. A request for such a
variance may be szranted bv the plarmine services
director, or hJl; desismee, based u~on
demonstration of need, The reauest shall be made
in ~xiting accgmvanied by'the f0ll0vdne:
payment Of fee reauired for an administrative
variance iv effect at the time such reauest is
rnade; a plot vlan of the sul?iect vro~ertv, drawn
tO scale, depictinsz all structures and vro~osed
improvements; suvvortive information iustifvins~
the ~need for the variance.
2.2.26.?.2.1.2.
Page 33
Review Submittal l~¢quirement~... Upon review and approval of
an MSIP or SDP, a fifteen percent reduction in the a_~s~'es~atc
amount of on-site parking reauired shall authorized. The MSIP
shall be reviewed and approved by the ~lannine services
director or his designee, and shall include all of the follox
a~
A comFleted a~licati
05/06/97
JUN 0 1997
8:39 AM
2.2.26.9.
3.2.26.10
2.2.26.10.1.
2.2.26.10.2.
Page 34
b)
A notarized afffidavit authorizine the a~zent to act on
b~half of all vrovertw owners, silmed by all vroverlv
A MSDP or SDP as vrovided for in Division 3.3. of this
code, and the followine additional items:
Provisions for internal vehicular traffic
circulation bel~ween adjacent r)arcels:
Provi~i0ns for a reduction in the number of
vehicular inl~ressJegress voints and com_oliance
with the Counw's Access Manalzement Plan. to
the ID'eatest extent vossible.
Provisions for uplzradin~ of all required parkinl~
for the disabled to current C0unt3, and ADA
~tandards;
Provisions t0 uverade and install reouired
landscopine ver current County standards, to the
greatest extent i;)ossible:
Provisions to remove 9r alter ail exisfinsz
nonconforming sisznage to conform to currenl
Counw code. and submission of a Unified Silm
Plan if none exists for the subiect _rn'oiect(s)'- and
provisions for bicycle racks and _ved¢~rian
connections between buj]dini~s, from r)arkiniz
areas tO buildings, and from the ~ree! ~9
buildings. Shared I>edestrian way~ are,
encouraged.
[Resen'edl
Signs.
Purpose and Intent: The ~u _r~se and inten! of this Section is to
_~rovide specific l;iena~e developmen! l;tandards and design
guidelines for ~igns to ensure orderly and apm'onfiate olacemem
of signs. These regulations are intended to minimize the
proliferation of siens, while nrovidint for ,,,,'ell desitned, well
constructed, and apvro~riatelv located informa6onal si~na_~e in
both residential and nor~-re~idential areas.
Development Standards~_Sign$ erected within the areas subiect
to the Marco Island Yla~ter Plan shall adhere to the restrictions
set forth in divi~;ion 2.5 of this code- and shall further ad m~E:a£nO.^,O, ru ~
the rel;triction;; gl forth herein. 11 the e~Ict:~flict b ,tv,'ee~%~a
the two sections, the more restric .~ve sh~a~'l ~ ~s ~v e~.e..,,,,,., {~__~~
JUN 0 4 1~7
~.2.26.10.2.1.
Signs in Residential Districts:
2.2.26.10.2.1.1.
/llumination; .Si_~ns erecled on residentially zoned ~rooerties
~hail not be illuminated unless svecificallv vermitted herein or.
in the case of approved conditional uses. as may be avvroved by
the Board of County Commissioners. The sien and sien cow
l~hall be non-reflective.
2.2.26.10.2.1.2.
Real Estate Signs: AI~ defined in ~xticle 6 of this code. one
ground or walt. "For Sale". "For Rent". or similar sim. is
permissible, for each 10t baying Irtre~ fronta2e, and shall not
require a building permit, subject to the conditions note below.
For the purposes of thi, section, fronta_~e on a navigable
waterbody or a golf course l~h~ll constitute street fronta2e.
During supervised real estate open houses, ~ "open house"
sign, no larger than four l~quare feet may be erected in addition
to the real estate ~;ign. Where the o~n house is not located on a
collector or arterial ~;treet, Jn conjunction with an approved
right-of-way permit, a single off-site directional sign. not to
exceed four square feet, may be permitted during the suvervised
open house. Said off-site directional si~n shall be _vlaced at the
intersection of the arterial or colleq:tor gre¢l providing access to
the local street 9n which lh¢ oper~ hollf, e js bein~ conducxed. No
other off-site ~;igns shall be perrrlitted. All l~uch signs shall be
removed at the completion of the opela house, and during non-
supervised hours. Real estate signs shall not be illuminated in
any manner.
Real estate siens may mention only the name. address and
telephone numbgr of arly two 9f the following entities: the
property owner, real estate broker, inve,tr!nent comvanv or
business firm licensed to I;¢11 real estate in the State. the name
and address of the salesverson, or real estate a~tent, and the word
;'pending" or "sold" may be attached tO the face of the sign
within the 12" x 18" ~;igla face, until closine,
2.2.26.10.2.1.2.1.
Real Estate Siens On Single Famil_v Zoned Properties {see
Illustration I below),.
Page 35
a_[. Maximurn Size: 1¢ inchel; in height by 18 inches in length.
Siens may be double faced, vrovided each si~n face co~
lih~ same cor~v. Such sir. ns may be l~ated eith~ o~ll
or n&cular t t d ac m n~m,~- ........... h
~ 9 h~ a ~ .... ~ . .
riders or info,arian ~x,$ $ ~all ~fl~o th~s s~ a.
0 4 lgg7
05/06~7 8:~ AM
::;7':' AGEN A T£M '
b~ Color; ~ite ~Back_~round. Letterinlz may be ans' single
Cg]or: 20 percent of the si~n face may include the display of
a Io~,o which may include multi~le colo~
~ S~n S~orrs: Sup~Hs shall not exceed ~o inches (2~ by
~o inches. Alt ~up~ shall ~ith~ ~ whi~ 9r black.
~ M~imum Height: ~ee f~t (3'1 as me~ured bom av~ee
finished ~round elevation.
~ Setback: Said signs m~v ~ placed at the vro~ line.
however, in no case ~hall ~uch sitn ~ I~ated ~v closer
than figeen feet (If') tO th~ ~dge of pavement of ~v
adiacent vublic ~reet.
Illustration !
2.2.26.10.2.1.2.2.
Real Estate Signs On RMF Zoned ?ropertie~ (sec Illustration
below).
Page 36
a_)_ Maximum Size: Four s0uare feet. Signs may ~ double
faced, provided each siszn face contains the same COpt'. Such
signs max,' be located eigber parallel tO. or verp~ndi~:ular to
the adia.cent right-of-way, NO additional riders; or
information boxes shall be affixed to this ~;ign,
AGENDA ITEM
05/06t97 ;:.t9 ~UM" 0 4, 1997
]Z). Color,*; White background. Letterine may be any sin_~le
color: 20 ~rccnt of' the si~n face may include the disolay of
a Imzo which may include multinle colors.
cl. Sim Su_~z~orts: Sup~rts shall not exceed two inches (2"1 by
~O inches. All supports shall either be white or black.
d_.L Maximum Height; Four f'~t (4'1 as measured from average
finished ~zround elevation.
el, Setback4: Said signs may be _olaced at the prog~-rtv line.
however, in no ca~e shall such sim be located any closer
Uuan fifteen feet (15'! to the ed_~e of oavement of any
adiacent oublic street,
~.v! ~,v!
Illustration 2
2.2.26.10.2.1.2.3.
Page 37
Model Home Signs (see [llustratiqn $ below); A single on-
premise sign for a model home, approved in c9~Juncti0n with a
tem¢orarv use ~ermit. is ~ermitted. Co~v on a model home sign
shall be limited to the name of the model, th~
developer/builder's name. address. _ohone number, lOgO, and
that of the licensed Teal estate company/broker, jnv~:l;tmcnt
company or business firm licensed to sell real eslate itl the State.
ar the name and address 9fthe ~le~nerson_ or real
marketing the model. Model
JUN 0 ,t 1997
05/06/97 8:39 AM
jn any manner. ~9 9ther signs. Jncludiniz real estate and
~:on~;truction ~iRns shall be ~laccd on _oro_oertv on which a model
home si~zn is erected,
iLL Maximum Sire: 16 ~uare feet Silzns may be double faced.
provided each sign face contains the same coov. Such sims
may be located either t~arallel to. or tx-r~_ ndicular to the
adjacent right-of-way, No additional riders or information
1;,gxes shall ~ affixed go this sitn.
b~ Maxiraurn Height: Six feet ¢6'1 as measured from finished
grade around th~ 1~ 9fthe sign,
c_)_ Colors: The back~ound of a model home si~n may either
match the principal color 9f ~he model home. or shall be
white. Lettering may be any single color: 20 tx-rcent of the
sign face may include the di~splav of (a) logo(s) which may
include muhiple coloR;.
d) Setbacks: Said signs may be placed at the progeny line.
however, in no c~l;e ~;hall such slim be located any closer
than fifteen feet (1;5') to the edge of pavement of any
adiacent public streel,
Illustration 3
4o~'o,.tvo r 1'o tXCt4~
2.2.26.10.2.1.2.4.
Page 38
Construction Signs (see Illustrations 4 & ,5 below): A single
construction sign may be erected on any residential pro_t~erty for
v<hich a building permit has ~een eranted. No building e:.rmit
shall be required for the c0ns:ructio~t'~.'~'ever' saic
JUN 0 4 1997
05/06'97 ,:39 AM
shall be l;c~:urelv constructed and erected. Co_or on a
conl;truction sign shall be limited to the name and tele_t)hon~
r~umlxr of the d~velot)er, architectural, r)larmine and
en=ineefinlz firm. contractor and/or subcontractorfs') on the work
~ndcr con,ruction, and the name of the individual(s) for whom
the dwelling/additiort is bein~z constructed. Construction si~s
shall not be illuminated in any manner and shall be located in
~he front yard ~arallel to th~ adjacent fi~ht-of-wav,
Constructions ~ign~ ~hall be removed at linch time as a.
certificate of occupancy js eranted.
a_J_ Maximum Size: Six square feet for single family, sixteen
~uare feet for multi-familY. $ians shall be sinale faced.
with the ~ack side of the si~n beina utilized as a '~'permit
board". Such sigr~l~ shall be located t~arallel to the adiacent
right-of-way, NO ~ddjtional fidqrs or informatio~ boxes shall
be affixed tO this siam except t~bes or boxes dcsiened to
hold construction plans,
b_)_ Maximum Height: Six feet (6') as measured from Ov~raae
finished ground elevation.
c) Color: The copy side of a Con,ruction $i~n shall be white.
Lenerine may be any color; ;~0 ~t~ercent of the $i~n face may
include the display of ]ogoCs) which may include r~ultitfle
colors.
d_J_ Setbacks: Said sians may be ~laced a) the protnrrv line.
however, in no case l~hall such ~;j~zn be located ~Y closer
than fifteen feet (15') tO the e~tee of ~avement of an~
adjacent public street..
Page 39 05'tO6t97
.o.
JUN 0 4 1997
Illustration 4
Illustration
2.2.2.10.2.1.2.5.
Page 40
Incidental Information And Directional $i~,ns: A maximu~ Of
tour (4) incidental non-commercial information or dire~o~nai~a£n~6jr£
signs may be erected on resid~iial ~ana
require a buildin~ vermit. Exam ~les o~g'u~inclu¢
JUN 0 4 1997
05106/97 8:.' ~ AM Pg.
or insignia t)laaues identifying ',he home or homeowner.
Tre~paSsini~'' sians."Beware of Dog" signs, and other similar
_types of in£orrnatk)~al shins.
Maximum Size: 12 inches in height by 18 inches in
tenth.
b~
Maximum Height: Three feet as measured from average
finished ground elevation, or. if attached to a wall or
fence, not to exceed the maximum height of said wall or
fence,
2.2.26.10.2.1.2.6.
Subdivision/Project Siens: At each entrarlce I;0 g sr)ecific
~;ubdivision, neighborhood, or multi-familY nroiect, two m'ound
q)r ,.,.'all entrance ~)r aate sians may be located at each entrance to
the proiect. Such signs shall contain orflY the lname Of the
~ubdivision, neighborhood, or t)roject in which it is located.
subject to the following:
Maximum Size. The around or wall signs, in
combination, l;hall ll0t exceed a maximum size of 64
~quare feet, with no jrldividual sigr) exceeding 32 ~uare
feet.
b)
Maximum height and width; ~e height of a ground or
wall and sh~tlt rlo~ exceed the height or width of the wall
or gate upon which it is located.
b)
Required setbacks. Said ~igns ~;hall maintain a 15 foot
setback from any Properly line. Siizns r)laced on a fence
or wall shall adhere 1o the applicable restriction set forth
in Section 2.6.11. of this Code.
2.2.26.10.2. i .2.7. Conditional Uses Within Residential Districts
aD_ Approved
2.2.26.I0.2.2.
Page 41
Conditional Uses withir~ trel;idential zoned
districts are permitted one wa. Il or ground sii~n, not to exceed
32 square feet. Comer lots are txnmitted 2 wall signs.
Bulletin boards and ider~tification signs not exceedin~ 12
square feet are permitted for public, q:harital~le educational
or religious institutions. Said signs shall lnot be illuminated.
Signs in Non-Residential Dis' ricts (la~al~, CF,
JUN 0 4 1997
05/06~7 ~9 AM ./
2.2.26.10.2.2.1.
Real Estate Signs(see illustration 60elowl: As defined in
Article 6 0f thil~ code, oqe izround or wall "For Sale". "For
gent", or ~imilar siizn, is permissible, for each lot having street
frontage, and shall not require a building ix-trait, subject to the
conditions noted below, Rea] l~laate Signs shall not be
illumiriated iD any manner.
Real estate sil~ns may mention only the name, address and
!elephone number of 043¥ two of the followiniz entities: the
property owner, real estate broker, investment corer)any or
business firm licensed tO Sell real e~tat¢ in the State. or the name
and address of the sales_r)erson, or real er, ate agent. The word
"pending" or ",sold" rrlay l;)e attached lo ~e face of the sign
within the 1 2" x 18" sign face, ur~til closinlz.
Maximum Size: Four square feet. Siens may be double
faced, provided each face contains the same content. Such
signs may be located either parallel to. or _vert)endicular to
the adiacent right-of-way. No additioIaal riders or
information boxes shall be affixed to this
b),
Colors: White background. I,.ettcriniz may be any sinlzle
color; 20 percent of the sign face may include the disvlav of
a log0 which may include multivle colors
c) .Sign Support: Supports shall not exceed two inches bv two
inches. All supports shall be white or black.
e)
Maximum Height: Three feet as measured from averaee
finished ground elevatign,.,
Setbacks: Said signs may be placed at the pro_venv line.
however, in no case shall Such sign be 10eated any closer
than fifteen feet {15') to the edge of pavement of any
adjacent public street.
Page 42
05/06/97 8:
JUN 0 4 1997
Illustration 6
2.2.26.10.2.2.2
Construction Signs (see Illustration 7 b¢!o~9. ?~ l~jngle
construction sign ma,,' be erected on ~v non-residential
property for which a building permit hal; beeri granted. No
building permit shall be required for the copstruction sign.
however, said sign shall be securely conlstr~cted and erected,
Copy on a construction sign shall be iirrlited to the r~'ne and
telephone number of the developer, architectural, t~lanning and
engineering firm, contractor and/or subcontract0r(~;) on the work
under construction, and the name 0fthe individual(s) for whom
the dwelling/addition is being constructed. Construction signs
shall not be illuminated in any mariner and ~h~ll be located in 1~
he front yard parallel to the adjacent right-of-way pursuant to
the setback re,';tricti0ns contained in ]Div. 2.5 of this code.
Constructions signs ~;hall be removed at ~;Uch time as a
certificate of occupancy is granted.
Page 43
Maximum Size: Thirw-tw0 ~quare feet. Signs shall be
single faced, with the lpack ;;ide of the sign being utilized as
a "permit board". Such Isi~ns shall be located oarallel to the
adjacent right-of-way, NO additional riders or iBformation
boxes shall be affixed to this sitn. excem tubes or boxes
designed to hold con~;trucdon ~lans.
05/06.'97
AG£N EM "
JUN 0 1997
$:39 AM
b) Maximum Height: Six feet as measured from averaee
finished tround elevation.
Color: The co_~v side of a construction si_~n shall be white.
Let~eHn; may be any color: 20 ~ercent of the si~ face may
include the display of io_~o(sl which may include multiole
colors,
Setb~¢l~: Said si;ns may be vlaced at the _m'opertv line,
however, in no case shall such si~zn be located any
than fifteen feet (15') to the ed;e of ~avement of
adiacent oublic street.
Illustration
2.2.26.10.2.2.3
2.2.26.10.2.2.3.1.
2.2.26,10.2.2.3.2.
Page 44
On-Premises permanent Sipn$; On-~remises oermanenl si;ns
are encouraged lo be designed, constructed and located il~ such
a fashion so as to be integrated with. and not detract from. thc
existing development oattem in the neivhborhood.
Uni[ied Si~n Plan: An a~tflication for site develooment or ~;ite
improvement plan as ~rovided for in section ~,3 of this code. for
commercial or mixed use t~roiects, shall be accomoanie(~ bY
unified signa;e Dian as re0uired by division 2.8, ofthis code,
Permitted types of sit, ns and soeciflc develonment standards
by si_~n tv~es:
a)
b)
C)
WOII, /ffansard. Canovv or Avmins~ Signs: A single wall.
m~s~d, canoov or a~in~ si~n is ~i~ed for each
~n~le occuoancv ~arc¢l. or for each establis~ent in a
mul~ivle occuv~cv varcel. Comer buildings or comer
~i~s ~hin n building may have one sign on each
~oma~e wall of lh~ uni~ or building not m exceed ~o
si~s.
.. No wall. mansard, canovv or awnimz sign shall
excegd 80% of the width of the unit{s} occupied by a
business with a minimum of 10% clear area on each
Outer edge of the unit(si.
Wall signs for a multi-tenant building shall be
located at a uniform height on the building facade.
for the top alad bottom of the sign. excel_ t that anchor
tenants may y, arv from this requirement of uniform
size and height.
Wall, lm~sard, cano_ov or awning signs may not
exceed $;5% Of the total square footage of the visual
facade...of the building, in the case of single-use
buildings: or the unit. in the case of multi-use
buildings, to which the sign will be attached. A wall
sign shall not exceed 1 ;50 square feet iD any case.
?ro/ectinft signs. Proiecting signs may be substituted for
wall or marlsard signs vrovided:
The Prgiecting sign does not t)rotrude exeater than
four feet from the building wall to which it is
attached;
2, Projecting signs shall not exceed 20 souare feet of
display area,
3. Proiectint signs shall not emend above the tootling
of Ibc building to which it is attached: and
?roiectiniz signs which may vroiect over any
pedestri~ way shall ~¢ elgvated to a minimum
height of eight (81 feet above said ~deslrian way.
Gro~'nd Signs:
05/06"97
JUN 0 4 1997
8:39 AM
Thc height of any _~round si~zn shall not ~ceed wrico
the width, and the width shall not exceed t~ice the
Ground signs shall not exceed einht feet 1'8'1 as
me~'ured fi.om the finished made of the lot on which
~he sign is located to the top of the sion face,
~%rcbitcctural treatments consistent with building
architecture On site. such as arches, columns.
9upolas. and other such treatments shall be _ocrmit~ed
to ~ height of twelve ¢12~ feet.
Pole si_em:
o
Pole signs shall provide a t)ole cover, the width of
which shall be a minimum of twenw (201 ~-rcent of
the ~;ign structure and extendin~ fi.om the bottom of
the $ii~n structure tO the _~round. comoletelv coverimt
the {;upp0rtin~
A minimum two foot _tx-rimeter _olandnit area shall.
provided around the base of any _oole sima. consistent
with the provisions of division 2.5. of this code. The
two foot ~r~meter shall be measured from the
overall w'jdth of sign:
o
Pole sign~ {;hall not e~ceed fifteen feet {15') in
height as measured from the finished grade of the lot
on which the sign is located.
e) Director~' Signs:
The maximum {;i;~¢ Of arlv single directory si~n shall
not exceed one hundred ~uare feet.
Page 46
Copy shall irlclude the shoopin~ center or buildin~
name and street numar ~d ~av include the name(s)
of 2 or more _~rsons or businesses associated with.
9r over, t{; 9ondl~¢t¢4 Utx)n. or oroducts or services
Offered upol~ the Pr~mises u~n which the sil~n is
located.
~nder-Canot~v Signs:
JUN 0
05/06/97
AGEN EM
In addition to any other si~n ~:rmit~ed by this code.
One under-ca, om' Si~ i$ reauired for each business
[1~ a multi-occuoancv building:
_ Url~ler.-canoov sisms shall not exceed six sauare fee~
for each establishment in a sho~in~ center or multi~
No builclinl ~rrnit is reauired to erect an under-
canopy si~zn Cunless there is an electrical
com0onentl:
Under-canoov siens shall adhere to ~he common
signa~e theme for the orooenv:
Under-canopY silns shall be installed a minimum of
2.2.26.10.2.2.3.3. General Development Standards:
a_.L Con.~tructign materials;
l)
Starts and any su_v_vorting structure shall be
constructed of CBS, wood (with raised or
Clnlravcd letters), stone, metal, or durable ooaau¢
plastic. Plvw00d iS POt t)ermissible as a finished
~ign face material,
b) llluminatiQn desien and methods:
1_)_ Sign lighting shall be desil~ned in such a faihion so
as r~ot to cause confusion with traffic control devices.
and n~t to shine directly onto adioinin~ t)ro~rties or
public right-of-ways.
Page 47
2) Signs shall be illuminated in the following manners:
external fixturea for lighfin_~ shall be desismed and
positioned s0 lhaI no light so_ ills over the edges of the
sign face: internal or back-lit si~s shall be designed
with an opaque ~ign face. allowine only the si~,n
copy to be illuminated.
JUN 0 1997
05/06/97 8:39 Agl. ~'
Single or multiple tenant buildim/s located on a
parcel having less than 125 linear feel of sa'eel
frontage are t~-rmitted a single around sien vex
parcel, a maximum of 20 muare feet. Co_~ is limited
to building reference name and street number.
.. Single or multit~le tenant buildings located on a
parcel havim/ 125 linear feet or ~eater of street
frontate are ~rmitted a single ground or oole sign
~r parcel, a maximum of 60 souare feet of siren face
area. Co_or shall include ~pitding reference name and
lareel puml~r and may include a maximum of five
tenant names.
Shopping centers and other multi-tenant buildints
having 250 linear feet or greater of slreet fronta_ue
on a single street, or 300 combined linear feet of
street frontage for 19t~; have frontal/e on more than
one public street are oermitted a single "directory
sign" per ,greet frontage. (not to exceed 2 such
signs). The combined size _permitted for a directory
sign is 100 square feet. Where Bvo directory signs
are permitted, the maximum combined size shall not
exceed 100 ,square feet.
Where a ,,rite development or l;ite imprgvcmcnt _olan
has been approved fgr multiple t~rooerties, adherence
to the minimuro frontage t~rovisions set forth in
section 2,2.26.10,2.2.3,1,0/) shall be determined
based on the aggregate fronta~,e of all contiguous
parcels which are Dart of the site impr0vcrncnt or site
development plan,
2.2.26.10.2.2.3.1.2.
Building permit Requests; Bequests for building permits for
permanent on-premise sign~ ~hall adhere tO thi~ unified si~nage
plan, which shall be kept on file in the community development
& environmental servi~:¢s divi,ig~. Revisions ~o an approved
unified sign plm shall include ~rovisions for retrofitting any
existing ~rmanent on-premise sims.
2.2.26.10.2.2.4.
2.2.26.10.2.2.4.1.
Page 48
Noncon[ormine_ Signs.
- · ,AGE A EM
Real estate signs, model home _~ivn~ and construction ~ti~ns.. ~-;ao. ~,,-,n~ ~ . ~
Seal e~ate signs ,hall confom [o ~e ~{t~%f this
~y December 31, 1997, ~Odq~ ~omc ~~~etio~ si~ ~~ q
, JUN 0 4 1997
O~ '06~7 S:3 } AM ~/
. Pa. //
a roveda err a ' o ' . .
rovi' s oft is a e da o
9verla¥.
...10..2.4.2. ll other si $ ' ' ' w ' w '
roy i 'n ' t v' ' 'v' '
f thi cod ' e i e w'
c nform ! the v'' i . . 0
onider d e al o confl ' i a ! s
follows;
2.2.26.10.2.2.5.
· All si ns mad a c th . '
s all be re oved with' thi th t t~
2. llle al c nfl i - em'se i ns a
made to c nfl t e v ......
with the issuance o i di ' ra a'
to anexi in ' r the vlue f
~ratio xc tha a 1 ! n-c f i -
remies erma nt ' a v o 1
~isi ns t ' v wit' v e t t
9f adoption of this overlay:
~s all dh r t visions of
section 2.5.9. of this code.
Prohibited Signs: All prohibited signs listed in Section 2.5.7.
and i ns which do v'' h
herein ,hall be considered prohibited ~igns.
R~arldn o ecr aion Ve i s.~
~s t aintai nc d uali f
~ei h ho educe n e fin ev t
~ ckin v' w aint' th fre
~s an t intai th o vlues and
amenities of the neighborhood_.
Applicability.. _The restrictiOnS set forth in this sectigr~ are
intended to a¢_~lv to all areas desi_c, nated residential on the
Future Land Use Element of the Marco Island Master Plan.
the Ke ' Marco Develo men ~ ~,t ~
PUD, and Hideaway Beach PUD ir
residential zonin~ districts, inclu, .iht tl~e-RT district. ,el.~
,JUN 0 J, 1997
2.2.26.11.
2.2.26.11.1
Page 49
05/06/97 8:3~
any residential ¢omvonent of a PUD. except those PUDs
~cluded above,
~.2.26.! 1.2
Recreational Eauipment, No recreatiQnal eauivment shall be
kept or parke~ on ~remises ~ned for ~sidentia] Ou~ nor
o~ public ~hts~f-wav of said di~H~s excel when ~id
equi~m~t is v~ked ~tirelv ~thin the confines of a e~e.
c~, or ~llY ~closed ~mcture such that it c~ot ~ ~
from any ab~ing pro~v or ~ublic ~v. Such vehicles may ~
parked ~bere ~n residential lots for a ~od not to exceed
24 hou~ to ail0w for l~ad~e ~d unloading.
Exceptions may ~ er-anted by the site development
review director where the followin~z conditions are
satisfied:
Such recreational eouioment may be parked uvon
the premi'~;es of the resident for a ~riod not
cxceedinit seven days for the purvose of loadinm
unloading, repairinR and/or clear;lng prior to or
after a trip. The vermit for such period shall be
affixed to the vehicle in a conspicuous t~lace. No
more thar~ two consecutive verrnits can be issued~
^ maximum of four permits shall be _m-anted in
any single calendar year,
ii.
Nonresident: .. Such recrealional ¢ouipment
includirla but not limited to. trailers, buses or
imotor homes, when used for transvortation of
visitors to visit friends or members of the
visitor's family may be parked u_Ix~r~ the vremises
for a period no~[ exceedi~_e ten days. No sleevinll
or livSng activities may take vlace within the
vehicle while parked. No more thar~ two
consecutive pgrrnit~ l;hall ~ issued, The
ma.~imum lnumber of permits allowed for an,,'
gingle calendar year shall be four.
2.2.26.11.3.
Page 50
Boats and boat trailers, NO boat or boat trailer shall be parked
or stored on premise~; zoned for re~;idential uses or on public
rights-of-way of resi~tentially g01ned di~Tict$, exc~t when
parked or stored entirely ~thln the conlmes o! a £ara£~:. carvort
_or fully enclosed structure a,,d ahlc~i~.~,~h,d;at d. x*ooat_~n~n/~£~~,~,,. ~///
boat trailer ca=ot be seen ~, m ~'~;~o~ ar ~~
way, except where the follow n~ conditions ~cur; MIY~7
JUN 0 4 1991
A boat trailer may be t~arked on lhe owner's oremises in
tile open. or on n temoorarv basis not to exceed eip. ht
hour~ for lhe our~ose of Ioadin~ and/or cleanine and
~rlloadiniz prior to or after an outine.
bo
Boat~ may be stored on premises zoned for residential
use only in one of the followinc, methods:
Boats may be gored in the confines of a eara~e
or fully eoclosed ovac~ue structure:
Boat~; may be berthed at approved docks, viers or
by use of moorin_t whips, standoffs or by a
aimilar ~tructure/device on ~navi~able
waterways/canals;
Boats may be ~;tored on davits, lifts, elevators or
~;imilar dcvi~e~; adiagent to navigable
waterway,s/canals:
BoaR; ~ay be ~orcd 0~ cradles consistine of a
framework of bar~ or rods when ~aid cradle i..s
used in coniuncti0n w~th ~ davit, lift. elevator or
similar device adiacent t0 navieable
waterways/canals.
2.2.26.11.4.
Hotel and motel varkinft r~rovision&_ Hotels and rnotels arq
considered to. be commercial entervri~;es: therefore, recreational
vehicles, trucks, trailers, buse~; and/or other commercial or
industrial vehicles, listed herein, of bona fide residents thereof.
iransients or otherwise, lrnav be porked on the r~remises of such
facilities. Such vehi¢l,s shall not be parked in streets, alleys or
9thor rights-of-way within any residential district, unless
otherwise permitted by this code..
Page 51
General exceptions._. The provisions of this section shall not
apply to vehicles parked on the premises of churches, clinics.
schools, private clubs, g0]f courses, utilities, hotels and motels
and parks and recreali0nal areas while the ~rsons transported
thereby are attending or parficivatine in activities or beine not
specifically d:l;i~nated ther~ fore o~,a]~ t-O~mises che;i~,,~
clinics, schools, private clubs lolf~~ities, san~~
treated or served thereat. The provisions of this section sha
apply to buse;., trucks or trailers parked Jl~ a space v ,,.va~
' dhut
~otei
,JUI~ 0 4 1991
;:39 AM
05106/97
o
~.2,26.12.
2.2.26.12.1.
motels and parks and recreational are~. if ~uch vehicles ate
v~ed or o_~ted by or for thc Ow:ration of such places or
institutions, cxccot that such vehicles cannot be used for
r~:~idcntial occupancy.
Definitions. For the _vumo_ scs of this overly, the followin2
O¢finitions shall amply.
Mixed-use. Within the Marco Island Zoning Overlay the term
"mixed-use" means both commercial and residential multi-
family uses, whether located within the raxne building or located
in separate buildings within a single project located within land~
designated commercial on the Ma'co Island Master Plan Future
Land Use Map.
Page 52
05106/97
JUN 0 4 1997
$:39 AM
n. 7-,<. ,,
ORIGIN: Evaluation and Appraisal Report
AUTHOR: Barbaza A. Cacchione, AICP
Comprehensive Planning Manager
DEPARTMENT: Planning Services
LDCPAGE:
LDC SECTION: Add two ne.w __tecti_ 'OhS (2.2.27. - Commercial District (SR-29) md 2.2.28. -
Commercial District (Jefferson Avenue) to the Land Development Code (LDC) to provide for two
overlays wiuh specific development criteria as identified in the lmmokalee Area Master Plan.
CHANGE: The proposed cha~ge was identified in the Evaluation and Appraisal Rspon to create
two overlays within the LDC for Commercial Districts on SR 29 and Jefferson Avenue in
Immokalee. The Immokalee Master Plan providea for Specific development criteria regarding
access; building height and setback; landscaping; parking; sidewallt.~ and water/~-wer facilities.
REASON: These development criteria are specific and detailed amd ate more appropriate at this
level of detail to be located within the Land Development Code rather than the Immokalee Area
Master Plan. It would also locate all site development regulations within the LDC. This approach
is very similar to the Golden Gate Professional Office Commercial Overlay District, where the
requirements were originally placed in the Golden Gate Master Plan but later relocated to the
LDC.
FISCAL & OPERATIONAL IMPACTS: There is no change to implementing this provision
other than an ability to amend the LDC twice per year and the Immokalee Area Master Plan only
once per year.
RELATED CODES OR 1ZEGU;,ATIONS: Immokalee Area Master Plan.
Section ~l.2.2'/.
State Road 29 Commercial Overlay District: sveclal conditions for the
properties abu~tln_~ SR-29. as identified on the Immokalee Area Master
Plan; referenced on the mad below: and further identified by the
desl_~natton "SRI9COD' on the aDplicable offlelal Comer County
~oning Atlas maps,
2.2.27.1, Pu~o~;e and In~¢nt; The ~urpose of this desimation is to ~rovide for re~a~l.
~ffi;e,' transient l°dfin_~ facilities and l~Wav eommerc
ileed$ of the triav~line oublie..~,,,,.~,d
major arterial or collector roltdwav~.~vision-, ot this.d~--
i JUN 0 4 1997
2.2,27.2.
intended to _m-ovide an increased commercial deoth alone SR-29 with
dcvclooment standards that will ensure coordina~ ~ and ~_agorowiate
landsc~in~ and buffcrin~ comoat~l¢ with nearby rcsid~tial m'overfics.
,4vvlicabilitv: The~e r~lation~ a~lv to the Cornmeal I)i~wic~ alon~
$R-29 az id~tificd on thc Immokalee Ftm~ Land U~e Ma~.
2
SR 29 COMMERCIAL OVERLAY DISTRICT ¢SR29COD)
~.2.27.3.
~gev¢loprnent Criteria: The followimz st~_dgrds shall at~_ Iv to all uses in
tiffs overlay district.
2.2.27.3.1.
Access voints shall be limit~ to one (1} ~ 440 feet of frontage. If the aa0
foot access r~uirement falls within 50 feet of an exi~tint road. whether on
the same or _(X)~osite road frontaite, the access shall alien with the exisfin~
road. Those areas that do not meet this st)acint reouirement shall mx)vide
access off existint adiacent roadways, ifvossible, and should not access Io
SR-29,
2.2.27.3.1.1.
Qwners of lots or combinations of lots havin~ l~s than the r~uired
frontage may ~etition the board of zonimz a~eals for a variance from the
standard in this district as wjlI pot be contrary to the public interest when
owing to special conditiorlS p~culi0r to thc properrv, a literal enforcement of
these Standards wguld result in unnecessary and undue hardshio.
Shar,d parkimz arramzements be~'een adioinimz develooments shall be
encouraged~
'2.2.27.3.3.
Deceleration and acceleration lanes shall be lxovided.
2.2.27.3.4.
Pedestrian traffic shall be encouraged by erovidint sidewalks. The location
of these sidewalks shall be cogrglioateO with adjacent projects.
2.2.27.3.5.
Buildings shall be set back frorr) ~;R-29 a l~inimum oftwentv-five (25) feet
and fro~ the rear lot linc a minimum of fifl'v (50) feet.
2.2.27.3.6.
projects shall vrovide a ten (10) foot Tv~_¢ ^ iandsc~e buffer as described
in Section 2.4 betw¢~ vehi~:ular right-of-way with reouired sidewalks and
adiacent residential develovment. Adiacent commercial vroiects shall
provide coordinated lands~;ave plans.
2.2.27.3.7.
An area equal to a lrninir/lu~ 9f 2.5% of the total interior vehicular use area
shall be landscaped t9 provide visual relief.
2.2.27.3.8
Buildings shall have a ~axi~m heitht of twenty-five (25~ excludint ten
(10) feet for under bvJldin~ oarkin~.
2.2.27.3.9.
Central water and Sewer facilities shall be available _t)rior to develooment of
proiects.
JUN 0 4 1997
4
SEC. ~.2.28.
~.2.28.1.
2.2.2S.2.
JelTcrsoil Avenne Commercial Overlay District: soeclal conditions for
(be Dronertles abattln~ Jefferson avenue as identlfled on the
Immokalee Area Master Plan: referenced on the mad below: and
further jde0tified l~v the desi_t, nation "3ACOD" on the atmllcable
9fficial Collier County ZonJnn Atlas ma_os,
t~urpose and [rttent; TIle ottroose of this d~i~ation is to m~de for mail.
offic,. ~si~t l~nt hcilitics ~d ~wa~ ~~ial ~at s~e ~e
nce~s of ~c ~velin~ ~ublic. ~e ~~al ~ mu~ ~ I~at~ ~ a
~ajor m~al ~ coll~or roadway. ~e m~sions of ~s Di~ ~
~nt~d~ tO pm~de ~ in~ ~m~ial ~~ alon~ Jeff~
Argue ~th d~el~m~t ~md~ds ~at ~11 ~e e~Minat~ ace,s ~d
appropfiat, l~d~aoin~ ~d buff~ne to ~ ~atible ~ ne~v
resid~tial prop~ies.
At~plicabilitr: These re~lations a~tm_ Iv to the Commercial Districl alon~
~efferson Avenue as identified on the Immokalee Future Land Use Mat}.
AGr. N.~A ~M
JUH 0
p~o i~'~'~..,j
JEFFERSON AVENUE
COMMERCIAL OVERLAY DISTRICT
OV~PJ..AY D~'I~ CT
2.2.28.3.
2.2.28.3.!
~.2.28.3.1.1.
~.2.28.3.2.
2.2.28.3.3.
~.2~25.3.4.
~.2.28.3.5.
l)o,¢lovment Criteria:
this overlay district,
The followine standards shall apv~ lv to all uses in
^~ess voints for future commercial develom'nent shall be limited lo a
maximum of one (l I vet 150 fee~ of frontage.
Owners of lots or combination of lots havln= less than the 150 foot of
reauired fi-ontasze may vetition the board of zoning _a!:~_ ~als for a varianc;
from the standard in this district as will not be contrary to the vublic interest
when owin~ to sv_ecial conditions Ueculiar to the _ _urn!x-try_. a literal
enforcement of these standards would result in unnecessary and undue
l~ardl;hiv.
A ten ¢10) foot Twe A landscaoe buffer as identified in Section 2.4. of this
_code shall be provided on Jefferson Avenue for all commercial orojects.
Provisions for shared vaddmz arraneements with adioinine devel _ovments
shall bc encqural~ed.
Qgmrnercial buildints shall be set back from Jefferson Avenue a minimum
Commercial buildin;s shall have a maximum heieht of twenty-five (251 feet
excludinz t~ (101 feet for under buildin_~ oarkinz
2.2.28.3.6.
Central water and sewer facilities shall be available prior to development of
projects.
'7
ORIGIN: BCC Direction
AUTHOR: Bob Mulhere, AICP, Current Planning Manager
DEPARTMENT: Planning Services
;,,,DC PAGE:
LDC SECTION: 2.4.3.2; 2.4.3.5; 2.4.4.9.3; 2.4.4.9.4; 2.4.4.12.13;
2.4.4.17; 2.4.7.4; 2.4.7.5
CHANGE: Miscellaneous typographical and grammar changes.
Additional requirement of "freeze" rain sensor. Addition of
Section 2.4.7.5., which codifies the Collier County Streetscape
Master Plan.
REASON: Correction of typographical and grammatical errors. A
"freeze"/rain sensor is necessary to prevent loss of minimum code
required landscaping during freezes. (The freeze sensor will turn
off irrigation when temperature drops to freezing, thus saving
plant material.
FISCAL & OPERATIONAL IMPACTS: There is no change in work load or
cost. In addition, there is no additional cost incurred by Collier
County Streetscape, as it will overlap with current Division 2.4
requirements.
RELATED CODES OR REGULATIONS: None.
Word struckth,.rcu-..~ are deleted; words underlined are added.
,JUN 0 4, 1997
Pl. ~
DIVISION 2.4 LANDSCAPINC AND BUFFERING
smc. 2.4.1.. T£t3.m and
This division shall bc known and may be cited as the "Collier County Landscaping Code."
Sec. 2.4.2. Purpose and intent.
The purpose and intent of the landscape code is to;
a) promote the health, safety, and welfare of residents of Collier County by establishing minimum
uniform standards for the installation and maintenance of landscaping;
b) improve the aesthetic appearance of commercial, industrial, and residential developments
through the requirement of minimum landscaping in ways that harmonize the natural and built
environment;
c) promote preservation and planting of native plants and plant communities;
d) provide physical and psychological benefits to persons through landscaping by reducing noise
and glare;
e) screen and buffer the harsher visual aspects ofurban development;
f) improve environmental quality by reducing and reversing air, noise, heat, and chemical
pollution through the preservation of canopy trees and the creation of shade and microclimate;
g) reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and
vegetation; and
h) promote water conservation by encouraging the use of native and drought-tolerant vegetation
and properly zoned irrigation system through xeriscape.
Sec. 2.4.3. Procedures.
2.4.3.1.
Landscape plan required. Prior to the issuance of any preliminary
subdivision plat, fatal 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;, 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 be prepared by and bear the seal of a
landscape architect.
Thc landscape plan shall be drawn to a suitable scale, include dimensions,
north arrow, date, title, project owner's name, delineate the existing and
proposed parking, vehicular usc areas, buildings, access points, and
roadways, show all utility lines or easements, and show ! '
existing and proposed planting '
designate them by species name.
highlighted or indicated on the
2
2.4.3.2.
2.4.3.3.
2.4.3.4.
provided landscaping that is in addition to that r~luired by this code. Design
creativity is ~mcouraged so long as it meets thc intmt of this code. The plan
shall show the location of permanent vegetation protection d~tices, such as
barricades, curbing, and tree wells. The plan shall also include a chaxt
indicating graphic plant symbol, botanical and common name, qumatity,
height, spread, spacing, native status, drought tolerance rating (as defined by
'Xeriscape Plan Guide II" published by South Florida Water Management
District, West Palm Beach, FL) and typo ofmulch. The plan shall show tree
and palm slaking details per accepted industry practices and standards. In
addition, a tabulation of the code-required landscaping indicating thc
calculations necessary to insm'c compliance with this code shall also appear.
A certificate of occupancy shall not be issued until approval of landscaping
plan and iqs installation of plants and materials consistent with that approved
plan has been completed and inspected by the County.
Irrigation plan required. Prior to the issuance of any subdivision plat or
fi-~al site development plan, an applicant whose development is subject to thc
requirements of this section shall submit a separate irrigation plan to thc
planning services director. The plan shall be prepared by persons qualified to
prepare irrigation plans, such as an irrigation designer or landscape architect.
The irrigation plan shall be drawn at the same scale as the landscape plan to:
show existing vegetation to remain; delineate existing and proposed buildings
and other site improvements, parking spaces, aisles, and driveways; indicate
main, valve, and pump locations, pipe sizes and specifications; show
controller locations and specifications; show backflow preventer and freeze
rain-sensing devices and include a typical sprinkler zone plan indicating type,
specifications and spacing, and coverage. If drip irrigation or soaker hoses
are proposed, their layout shall be shown.
Irrigation systems shall be designed to avoid impacts with existing
vegetation. Field changes may be made to avoid disturbance of such
vegetation, such as line routing, sprinkler head placement, and spray direction
adjustments.
Existing plant communities. Existing plant communities and ecosystems
shall be maintained in a natural state and shall not be required to be irrigated.
Native plant areas that are supplements to an existing plant community or
newly installed by the applicant shall be irrigated on a temporary basis only
during the period of establishment from a temporary irrigation system, water
truck, or by hand watering with a hose.
Cultivated landscapes.
automatic irrigation system to im
andscaping. Sprinkler heads irrig
areas shall be zoned separately frorr
cover, flowers, or other reduced
Cultivated landscape areas shall be provided with an
~rove the survivabilir, s~
ting lawns or other hi
those..sics~ffl~ qrees,
JUN 0 4 1997
controlled hrigation systems shall be operated by an irrigation controller that
is capable of watering ~aigh water' requirement areas at different frequencies
and duration than "low water" requirement areas. Landscaping shall be
watered on an as-needed basis only.
Irrigation systems shall be designed for the zoning of high and low water use
areas. Heads shall be designed for 100 percent head-to-head coverage unless
specified by the manufacturer. Thesc requirements may be adjusted for
retention areas. The irrigation system shall be designed and in~lled in
accordance with the Florida Irrigation Society, Standards and Specifications
for Turf and Landscape Irrigation Systems (as amended). Irrigation systems
utilizing well water shall be designed and maintained in a manner which
eliminates staining of the building, walks, walls, and other site
improvements. All systems shall be designed to eliminate the application of
water to impervious areas. Irrigation systems, other than drip or soaker hose
systems, shall be operated between the hours of midrfight and 10:00 a.m.,
unless the operation of multiple zones requires additional time. South Florida
Water Management District (SFWMD) or other utility company water use
restrictions shall supersede these requirements. There are no operational
requirements for irrigation systems utilizing effluent.
All new residential, commercial, and induslxial developments shall be
irrigated by the use of an automatic irrigation system with con~roller set to
apply water in a manner consistent with this division. Moisture detection
devices shall be installed in all automatic sprinkler systems to override the
sprinkler activation mechanism during p~ods of increased rainfall. Where
existing irrigation systems are modified requiring the acquisition of a permit,
automatic activation systems and overriding moisture detection devices shall
be installed in compliance with this division.
2.4.3.5.
Installation. Prior to the issuance of any certificate of occupancy for a usc
required to provide landscaping and irrigation in accordance with this section,
all required landscaping and irrigation shall be installed and in place as set
out in the plans approved under subsections 2.4.3.1 and 2.4.3.2. Ail plant
materials must be installed in accordance with accepted landscape practices in
the area and meet the plant material anandards contained in Section 2.4.4.
Plant materials shall be installed in soil conditions that are conducive to the
proper growth of the plant material. Limerock located within planting areas
shall be removed and replaced with native o~ growing quality soil before
planting. A plant's growth habit shall be considered in advance of conflic~
which might arise (i.e. views, signage, overhead power lines, lighting,
circulation, etc.). Trees shall not be placed where they interfere with ~ite
drainage, subsurface utilities, or overhead utility lines, or where they shall
require frequent pruning in order to avoid interferences with
lines. Trees ihall not be planted in areas that retain
water or will require excessive amo~'!lfl~,ff~l~ov~---'~e
that gill affect flae health of the free .,~pecies?e~andsc[~pin~l~~
2.4.3.6.
2.4.3.7.
be placed within eas~nnents wiuhout written approval from all entities
claiming an interest under said easement.
All required landscaping shall be installed in accordance with plan~ approved
under section[s] 2.4.3.1 and 2.4.3.2. Landscaping within a subdivision
development shall be guarant~-~d by a subdivision complc'lion bond in
accordanc~ with division 3.2 governing the final platting of subdivision.
All required landscaping shall be maintained in a healthy condition in
perpetuity as per the appwved building and ~ite plans. Code Enforcement
may investigate deficiencies in approved landscaping and institute corrective
action to insure compliance with this code.
In instances where an ~'~ of God or conditions outside the control of the
applicant have prevented immediate installation, the planning services
director, if furnished with a statement which includes good and sufficient
evidence that slates that the required plantings will be thralled when
conditions permit, may issue a temporary certificate of occupancy. If the
required plantings are not installed when conditions permit, then the county
may revoke the certificate of occupancy.
Pruning. Vegetation required by this code shall only be pruned to promote
healthy, uniform, natural growth of the vegetation except where necessary to
promote health, safety, and welfare and shall be in accordance with "t;~m~
Stm~dards ~.t.-:iz:d. 19Eg)]~ractices for Trees, Shrubs and Other Woody Plant
Maintenance ANSI A300 (12/17/93)" of the National Arborist Association.
Trees shall not be severely pruned in order to permanently maintain growth at
a reduced height or spread. Severely pruned trees shall be replaced by
owner. ^ plant's growth habit shall be considered in advance of conflicts
which might arise (i.e. views, signage, overhead power lines, lighting,
circulation, sidewalks, buildings, and similar conflicts).
Maintenance. The owner shall be responsible for the continued maintenance
and upkeep of all required landscaping so as to present a healthy plant in a
condition representative of the species. Tree and Palm staking shall be
removed between 6 and 12 months after ir~allation. All landscapes shall be
kept free of refuse, debris, disease, pests, and weeds and shall be fertilized
and irrigated to maintain plants in a healthy condition. Special maintenance
requirements necessary to preserve the landscape architect's design intent
shall be noted on the planting plan. Ongoing maintenance to prohibit the
establishment of prohibited exotic species is required. Any plant materials of
whatsoever type or kind required by these regulations shall be replaced within
30 days of their demise and/or removal. Code Enforcement will inspect areas
affected by this code and issue citations for violations. If the required .,
corrective action is not talc m within the ti'. ne allowed, the count), r ~lay,~s .,~_ _ ~ff~,/
available means of enforcement to secur comf)~.iTq~hese sE ill i~,~~
ND. ~/~ ,~2
but not be limited to the following: ~
5
JUN 0 4 1997
prosecution before the Collier County Cod~ Enf~ Bo~&
Prosecution by the Stat~ Attorney's Office zs Ixovid~ by Fioekiz
Withholding of any permit, construction plzn spsxovzl, certi6ca~ of
occupancy, or iz~pection by the coun~r,
Placing a lien on the property, to include ~I1 ~lmini~,ilve. legal.
material and installation costs.
Sec.. 2.4.4. Plant material standards nnd installation standards.
2.4.4.1. Quality. Plant materials used to meet the requirements of this section shall
meet the standards for Florida No. I or better, as set out in Grades and
Standards for Nttrsery Plants, pat I and pat H, Department of Agricultural,
State of Florida (as amended). Root ball siz~ on all transplanted plant
materials shall also meet state standards.
At least 75 percent of the trees and $0 percent of the shrubs used to fulfill
these requirements shall be native Southern Flofidian species, as determined
by accepted valid scientific reference. For site that are north and east of U.S.
Highway 41, at least 35 percent of the shrubs used to fulfill these
requirements shall be native Flofidian species, as determined by accepted
valid scientific reference; "Native Trees and Shrubs for Collier County List"
is available for reference. For proposed land development projects on coastal
shorelines ar.d/or undeveloped and developed coastal barrier islands all
required landscaping shall be 100 percent native Southern Flofidian species.
In addition, for all sites, at least 75 percent of the trees and shrubs used to
fulfill these requirements shall be drought-tolerant species as listed in the
Xeriscape Plant Guide and Native Trees and Trees for South Florida (WAS).
Reference to be used in the native determination may include, but not be
limited to:
2.4.4.2.
Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida.
Small, J.K., 1933. A Manual of the Southeastern Flora.
Wunderlin, R. P., 1982. Guide to the Vascular Plants of Central Florida.
Where xeric plants are to be utilized, use the South Florida Water
Management District, Xeriscape Plant Guide (as amended) as a reference.
'...~G£nOA
Trees and Palms. All required new indi ~qauall~.e~oe SPt [:_les _ ...~g~"'~
an average mature spread or crown of greater '~eet in
6 JU,N 0 4 1997
County area and having trunk(s) which can be maintained in a clean
condition over five feet of clear wood. Tr~ ~djacent to walkways, bike
paths and r.o.w.'s shall be maintained in a clean condition over $' of clear
wood. Trees having an average mature spread or crown less than 20 feet may
be substituted by grouping the same so as to create the equivalent of 20-foot
crown spread. For code-required trees, at least $0 percent of the trees at the
time of installation shall be a minimum often feet in height, have a I 3~4-inch
caliper (at 12 inches above the ground) and a four-foot spread. The
remaining code-required trees, at the time of installation, shall be at least
eight feet in height, have a 1 1/2-inch caliper (at 12 inches above the ground)
and a three-foot spread.
A grouping of three (3) palm trees will be the equivalent of one (1) tree.
Exceptions will be made for Roystonea spp. and Phoenix spp. (not including
roebelenii) which shall count one (1) palm for one (1) tree. Palms may be
substituted for up to 30% of required trees. Palms must have a minimum of
ten (10') feet of clear trunk at planting.
All new trees, including palms, shall be of a species having an average
mature height of 15 feet or greater.
2.4.4.~.
Tree Species Mix. When more than ten (10) trees are required to be
planted to meet the requirements of this Code, a mix of species shall be
provided. The number of species to be planted shall vary according to the
overall number of tn~ required to be planted. The minimum number of
species to be planted are indicated below.
REQUIRED SPECIES MIX
REQUIRED NUMBER OF
TREES
MINIMUM NUMBER OF
SPECIES
11 - 20 2
21 - 30 3
31 - 40 4
41+ 5
2.4.4.4.
Shrubs and hedges. Shrubs shall be a minimum of 24 inches in height above
the adjacent pavement surface required to be buffered and/or screened when
measured at time of planting, grown in a thre~gallon container, and be
spaced 18 to 36 inches on center. They shall be at least 36 inches in height
within 12 months of time ofplanting and shall be maintained at a height of no
less than 36 inches above the adjacent pavement required to be buffered
and/or screened in perpetuity, except for visibility at intersections and where
pedestrian access is provided. Hedges, where requ;xed, shall be planted in
double staggered rows and maintained so as to form a continuo
solid visual screen within a minimum[ 0f orta;r:9t~¥-IMR'r tim ~.~.~~
Where, buffering and/or screening7 is Squire '°' c -shall__[ JUN 0 4 1997 b ~
2.4.4.5.
2.4.4.6.
2.4.4.7.
2.4.4.8.
2.4.4.8.1.
2.4.4.8.2.
2.4.4.8.3.
2.4.4.8.4.
2.4.4.9.
2.4.4.9.1.
2.4.4.9.2
~.4.4.9.3.
maimained at a height as specified in sex, ion 2.4.7.4 of this code, ~cq~t
wh~r¢ street visibility is required. Double staggered rows of hedges shall be
required only ia type D buffers.
Ground corem. Ground cover shall be installed in a manner which presents a
finished appearance and complete coverage. Stone, gravel, or any artificial
ground cover shall not be utilized for more than 20 perceat of the landscaped
area. Use of native ground covers is eacouraged.
Organic mulch requirements. A two-iach minimum layer aider wat~ing-in of
organic mulch shall be placed and maintained arouad all newly installed
trees, shrubs, and ground cover plantings. Each tree shall have a ring of
organic mulch no less than 12 inches beyond its trtmk in all directions. No
more than 25 percent by volume of the mulch used on a site may be cypress
mulch.
Lawn grass. Grassed areas shall be planted with species normally grown in
permanent lawns common to the Collier County area. Grassed areas may be
sodd~l, pluggexl, sprigged, or seeded provided solid sod shall be used in
swales or oth~ areas subject to ~rosion and provided fur~er, in areas wh~'e
other than solid sod or grass seed is used, nursegrass seed shall be sown for
immediate ground coverage until p~-rnan~t coverage is achieved. The use of
drought-tolerant species is advised.
Site-specific plant material. Trees and other vegetation shall be planted in
soil and climatic conditions which are appropriate for their growth habits.
The planrdng services director shall review and approve land plans based on
the following criteria. Required plants used in the landscape design shall be:
Appropriate to the conditions in which they are to be planted (including
drought, salt and cold tolerance).
Have noninvasive growth habits.
Encourage low maintenance.
Be othep~4se consistent with the intent of this division.
Non code trees. The following plant species may be planted but shall not
count towards required code trees:
Eucalyptus spp. (eucalyptus).
Grevillea robus~a (silk o~).
Ouercus laurifolia (I~aurel Oak)
8
AGENDA ITEM
no.
JUN 0 1 1997
AGENI~_A~ITEM ~
o.
2.4.4.10.
2.4.4.10.1
2.4,4.10.2
2.4.4.11.
2.4.4.11.1.
2.4.4.11.2.
2.4.4.11.3.
2.4.4.11.4.
2.4.4.11.5.
2.4.4.11.6.
2.4.4.11.7.
2.4.4.12.
2.4.4.12.1.
2.4.4.12.2.
2.4.4.12.3.
2.4.4.12.4.
2.4.4.12.5.
2.4.4.12.6.
2.4.4.12.7.
Bucida buccras (Black Oliv¢l
Control species. The following plant species shall not be planted within 500
feet of conservation easement~ and rt'iained natunl vegetation areas:
Broussonetia papyrifera (paper mulberry).
Wedelia trilobata - (wedelia).
Prohibited specie, s. The following plant species shall not be planted:
Enterolobium cyclocarpum (eat tr~e).
Melia azedaraeh (Chinaberry tree).
Bischofia javanica (bishopwood).
Seaevola fxutescens (Australian inkberry).
Dalbergia sissoo (Indian rosewood).
Sapium sebiferurn (Chinese tallow tree).
Ardisia elliptica (shoe button ardisia).
This list shall be subject to revision as exotic plant species are determined to
be noxious, invasive, cause environmental degradation to native habitats, or
to be detrimental to human health, safety, or the public welfare.
Prohibited exotic species. In addition to the prohibitions outlined in section
2.4.4.11, the following species or seeds thereof shall not be grown, offered
for sale, or transported inter, county or intra-county.
Melaleuca SPp. (punk tree).
Schinus terebinthifolius (Brazilian pepper).
Any member of the family Casuarinacaeae (Australian pine).
Rhodomyrtus tomentosus (downy rosemyrtle).
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf)
Lygodium spp. (climbing fern)
JUN 0 4 1997
2.4.4.12.9.
2.4.4.12.10.
2.4.4.12.11.
2.4.4.12.12.
2.4.4.13.
2.4.4.14.
Sy-zygium cumini (Java plum).
Mimosa pigra (catclaw mimosa).
Acacia aurieuliformis (em'leaf acacia).
Albizia lebbeck (Women's tongue).
Existing plant material. In meeting the requirements of landscaping, the
planning services direaor may permit the use of healthy native plant material
existing on-site. In so doing, the planning services director may adjust the
application of the g~ndards of these regulations to allow credit for ~uch
existing plant material, provided, he may not permit the reduction of required
percentages of a landscaped area or reduction in number~ of trees or shrubs
required, unless otherwise allowed pursuant to section 2.4.4.11. Removal of
vegetation is subject to the vegetation removal, protection, and preservation
section (division 3.9).
All new development shall retain existing native vegetation to the maximum
extent possible. Existing native vegetation shall be retained unless
stormwater management design, necessary grade changes, required
infrastructure or approved construction footprints necessitate its removal.
The need to remove existing vegetation shall be demonstrated by the
applicant as a part of the sitdconstruction plan review process. Areas of
retained vegetation shall be preserved in their entirety with all trees,
understory, and ground covers left intact and undisturbed provided that
prohibited exotic plant rear,als as defined herein are to be removed.
During construction, all reasonable steps necessary to prevent the destruction
or damaging of existing vegetation shall be taken. No excess soil, additional
fill, equipment, liquids, or construction debris shall be placed within the
dripline of any vegetation that is required to be preserved, or that will be
credited towards the required landscaping.
Protective barriers shall be installed and maintained beyond the dripline of all
retained vegetation unless site improvements prohibit installation of barrier~
beyond the dripline, and shall remain in place for the duration of the
construction process phase.
Tree preservation credits.
the minimum tree planting requh-,
2.4.4. Fractional measurements
category.
10
Existing trees may be credited towards meeting
mnla in liable
, shall nb~ ~ea to th.
JUN 0 4 1997
2.4.4.15.
2.4.4.15.1.
2.4.4.15.2.
2.4.4.15.3.
2.4.4.15.4.
2.4.4.15.5.
2.4.4.15.6.
2.4.4.15.7.
2.4.4.15.8.
2.4.4.16.
TABLE 2.4.4. ~TION OF ~ i:q~.SE~VATION CR.ED1T$
*Credited against equivalent r~quired tree only.
Trees excluded from preservation credit.
preserved lxees which:
No er~dit shall be given for
AXe not located within the areas of the property for which trees are required
by the code;
Axe located in required natural preservation ~ indicated on an approved
master land usc plan, site development plan or plat;
Arc required to be preserved by federal, state or local law, such aa
mangroves;
Axe not properly protected fi.om damage during the construction process, aa
provided in section 2.4.4.10;
Are prohibited species identified in section 2.4.4.8;
Are dead, dying, diseased, or infesled with harmful insects;
Axe located in recreation tracts, golf courses or similar subareaa within
planned developments which are not intended to be developed for residential,
commercial or industrial use (unless abutting said ~ and the required buffer
width is dedicated on the plat as a landscape buffer easement); or
Axe not located within the boundaries ofthe parcel.
Safe sight distance triangles at
Figure 1, Sight Distance Triangle
of-way or when a property abuU
intersection and access po~:,. ~t~;anc"',~ru ~
, . ....... ~t;-~ ~ ~
· e ~f ~olor ~%~~7 I
way, a minimum safe si~t distance triangular srea shall be cst~lisbod.
Within this area, vcl~cu~ion shall be planted end n~in~ccl in · wsy that
provides unobsiructed visibility ~t a level between 30 inches end eight feet
above the crown of the adjacent roadway. Landscapins shall be located in
accordance with thc roadside recovery area provisions of thc State of Florida
Department of Transpotution's Manual of Uniform Minimum Standards for
Design, Construction, and Maintenance of' Streets and Highways (DOT Green
Book) where zppropriale.
Where an accessway enters a right-of-way, two safe distance triangles shall
be created diagonally across from each other on both sides of thc accessway.
Two sides of the trian~e shall extend ten feet each way from the point of
intersection from thc edge ot' pavement and thc right-of-way line. Thc third
side of the triangle shall be a line connecting the ends of'the other two sides.
Where a property abuts thc intersection of two rights-of-way, a-safe distance
triangle shall be created. Two sides of the triangle shall ex'tend 25 feet along
the abut'ting right-of-way lines, measured from the point of intersection- Thc
third side of the trian.tle shall be a line connecting the ends of the other two
sides.
12
AGENDA ITEM
NO. ~
JUN 0 4 1997
[~"URK 1: ~"~4T DI~TANC~ TRIAN~ £~
I
r.___ 25.
~ l ,,. [xtefllWfll of
I of way (Prc~.
!
13
No. ~
~UN 0 ~ 1997
PI. ~
2.4.4.17.
Signage located within/adjacent to I, and~cape Buffer Area. Ail ~ and
shrubs located within landscape buffer ~ ~ be located so as not to block
view of signage as shown in Figure 2. Signage Adjacent to L~dscap¢ Buffer.
c ccimen trees cxist, the signage setback location may be
Wher ap ...... ,-- -.-,,uirements of Division 2.5. Code rcquixed
adm~strativeiy reaucea pa m, ,,,,t
plantings shall progress ia height away from street.
FIGURE 2: SIGNAGE ADJACENT 1'0 LANDSCAPE BUFFER
2.4.4.18.
landscape berm~. All perimeter landscape berms over two feet in height
shall meet or exceed the minimum standzrds as set forth herein. All grassed
b~rms shall have side slopes no greater than four to one. Berms planted with
ground cover and landscaping shall have side slopes no greater than ~ to
one. The toe of the slope shall be set back a minimum of five feet from the
edge of all right-of-way and property lines.
BexTns located adjacent to the 1-75 right.of-way may be reduced to a
maximum slope of2:l. Berrns located adjacent to the 1-75 right-of-way shall
be planted with native ground cover over an erosion control fabric, and
native trees placed at twenty-five fe~
of the berm and located within a mia
14
Existing native vegetation shall be incorporated into the berms with all slopes
fully stabilized with trees, shrubs, and ground cover. Landscape berms shall
not be placed within easements without written approval from all entities
claiming an interest under said easement.
Sec. 2.4.5. Minimum landscaping required for vehicular use areas.
2.4.5.1
Applicability. Thc provisions of this section shall apply to all new off-street
parking or other vehicular use areas. Existing landscaping which does not
comply with the provisions of this code shall be brought into conformity to
the maximum extent possible when: the vehicular use area is altered or
expanded except for restriping of lots/drives, the building square footage is
changed, or the structure has been vacant for a period of 90 days or more and
a request for an occupational license to resume business is made. These
provisions shall apply to all developments with the exception of single-
family, two-family, asd mobile home dwelling units, and dwellings on
individually platted lots. Any appeal from an adminisUafive determination
relating to these regulations shall be to the board of zoning appeals or
equivalent. Prior to issuing occupancy permits for new construction,
implementation and completion of landscaping requirements in off-street
vehicular facilities shall be required. Where a conflict exists between the
strict application of this division and the requirements for the number of off-
street parking spaces or area of off-street loading facilities, the requirements
of this division shall apply.
2.4.5.2.
Landscaping required in interior of vehicular use areas. At least ten percent
of the amount of ~ehicular use area on-site shall be devoted to interior
landscaping areas. The width of all curbing shall be excluded from the
required landscaped areas. All interior landscaped areas not dedicated to
trees or to preservation of existing vegetation shall be landscaped with grass,
ground cover, shrubs or other landscape treatment. One tree shall be
provided for every 250 square feet of required interior landscaped area.
Interior landscaped areas shall be a minimum of five feet in width and 150
square feet in area. Thc amount of required interior landscape area provided
shall be shown on all preliminary and final landscape plans.
All rows of parking spaces shall contain no more than ten parking spaces
uninterrupted by a required landscaped island which shall measure inside the
curb not less than eight feet in width and at least eight feet in length and at
least 100 square feet in area. At least one tree shall be planted in each island.
These islands shall not be used as retention areas or as swales. Landscape
islands for compact car parking areas shall be at least seven feet in width and
at least 100 square feet in area. These tree requirements shall be met with
existing native trees whmever such tx ,e ar. ~~ted within tl
and may be feasibly incorporated intc
are retained in a landscape island the
tmounl ttt"lSgaxting spa,
.IUN 0 4 1997
2.4.5.3.
2.4.5.4.
may be increased to 15. A paring stall be no farther than 50 fe~-,i from a lxee,
measured to the tree Inmk. Interior landscaping areas shall serve to divide
and break up the expanse of paving at strategic points and to provide
adequate shading of thc paved area. perimeter landscaping shall not be
credited toward interior landscaping.
Interior landscaping areas shall be provided within the interior of all vehicular
use areas. Landscaped areas, wall structures, and walks shall require
protection from vehicular encroachment through appropriate whe~l stops or
curbs or other struct~a'cs.
Interior landscaping areas shall meet the requirements of division 2.4.3.5,
2.4.3.6, and 2.4.3.7. Alternative designs may be approved that achieve
equivalent results subject to approval by the planning services director.
Vehicular overhang of landscape areas. The front of a vehicle may overhang
any landscaped area a maximum of two feet, provided the landscaped area is
protected by motor vehicle wheel stops or curbing. Two feet of such
landscaped area or walkway may be part of the required depth of each
abutting parking spaces. WaLkways shall be a minimum of five feet in width
ifa vehicle is to overhang the walkway.
Green space required in shopping centers and freestanding retail
establishments with a floor area greater than 20,000 square feet. An area
that is at least seven percent of the size of the vehicular use areas shall be
developed as green space within the front yard(s) or courtyards of shopping
centers and retail establishments and shall be in addition to the building
perimeter planting area requirements. The courtyards shall only be located in
areas that are likely to be used by pedestrians visiting the shopping center and
retail establishment. The seven percent green space area shall be in addition
to other landscaping requirements of this division, may be used to meet the
open space requirements (section 2.6.3.2), and shall be labeled "Green Space"
on all subdivision and site plans. The interior landscape requirements of
these projects shall be reduced to an amount equal to five percent of the
vehicular use area on site. Green space shall be considered areas designed for
environmental, scenic or noncommercial recreation purposes and shall be
pedestrian-friendly and aesthetically appealing. Green space may only
include the following: lawns, mulch, decorative plantings, nonprohibited
exotic trees, walkways within the interior ofthe green space area not used for
shopping, fountains, manmade watercourses (but not water retention areas),
wooded areas, park benches, site lighting, sculptures, gazebos, and any other
similar items that the planning services director deems appropriate. Green
space shall include: wallcways within the interior of the green space area not
used for .~hopping, a minimum of one foot of park bench per 1,000 square
feet of bu:Iding area, and a minimum. ;i-on; ,~,.,:.fer e?~h 9~_ r~
s~rtOA IT£M ~l'ees L~
green space area. The green space are~ shall as~~ 'r,.
and landscaping credits will be allo, ed as l~overn/~l by lab[e
JU~ 0 4 1997 ' ~
3.6
grexm space areas shall be located in ar~as that ar~ in close proximity to the
retail shopping ar~a. Benches may also be located in interior landscaped
areas and 75 percent of benches may be located adjacent to the building
envelope along paths, walkways and within arcades or malls.
Sec. 2.4.6. Minimum Landscaping requirements.
Landscaping for ali new development, including single-family, two-family, multifamily and mobile
home dwelling units, shall include, at a minimum, the number of trees sa forth below. Are. az
dedicated as preserves and conservation areas shall not be counted to me.~ the rrxluir~nents of this
section. Existing trees and other minimum code r~uired landscaping may be credited to meet th~se
r~xtuirernents pursuant to subsection 2.4.4.11. Trees shall me~t the rexluir~nnents of section 2.4.4.2.
Existing residential development that does not meet the minimum landscaping rexluir~nents of this
code shall be required to install the required landscaping before a certificate of occupancy is granted
for any improvements to the property.
2.4.6.1. Residential developments. One canopy tree per 3,000 square feet of lot area,
or two canopy trees per lot, whichever is greater, with the maximum number
required: 15 trees per lot.
2.4.6.2. Multifamily developments. One canopy tree per 2,000 square feet of pervious
2.4.6.3. Industrial and commercial developments. One canopy tree per 3,000 square
feet of pervious site area, or one canopy tree per lot, whichever is greater.
2.4.6.4. Littoral zone planting. All developments that create lake areas shall provide
tinoral zone plantings of emergent, aquatic vegetation in accordance with
Section 3.5.7.2.5.
2.4.6.5_.
Building perimeter plantings. All shopping center, retail, office, apartments,
condominiums, clubhouses and similar uses shall provide building perimeter
plantings in the amount of 100 square feet per 1,000 square feet ofproposed
building ground level floor area. These planting areas shall be located
adjacent to the building and shall consist of landscape areas, raised planters or
planter boxes that are a minimum of 5' wide· Water management areas shall
not be a part of this 5 foot planting area.
Sec. 2.4.7 Minimum
2.4.7.1.
landscape buffering and screening between uses.
Purpose and intent. The purpose and intent of establishing landscape
buffering and screening is to:
a) reduce the pot~.tial incomp
b) cons~ve natural resources
c) protect established resi
community
17
~tihility of adiac~t land us,
ad ma~/~J~(l~l sP ace;
lential'-n'~'~l~'noods
JUN 0 4 1997
n. q'g
2.4.7.2.
d)
c)
g)
b)
i)
j)
id~tity;
improve the aesthetic appearance of commercial, indum'ial, and
r~idenfial developm~ts through the requiremmt of minimum
landscaping in way~ that harmonize the natural and built environm~t;
promote pre~-rvafion and planting of native plants and plant
provide physical arid psychological benefits to persons through
landscaping by reducing noise and ~lar¢;
screen and buffer the harsher visual s.specis of urban development;
improve environmental quality by reducing and reversing air, noise,
heat, and chemical pollution through the preservation of canopy trees
and the creation of shade and microclimate;
reduce heat gain in or on buildings or paved areas through the filtering
capacity of trees and vegetation;
promote water conservation by encouraging the use of native and
drought-tolerant vegetation and properly zoned irrigation systems
through xeriscape.
In order to minimize negative effects between adjacent land uses, this
division promotes the use of landscape buffers and screens to eliminate or
minimize potential nuisances such as dirt, litier, noise, lights, unsightly
buildings and structures, and off-sweet parking and loading areas.
Additionally, buffers and screens provide spacing and landscaping to reduce
potentially adverse impacts of noise, odor, or lighting. Buffering refer~ to a
strip of land separating adjacent land uses, whereas screening refers to fences,
walls, ben'ns, trees, shrubs, or a combination of these screening devices on
thc buffer strip.
,4pplicability. The buffering and screening shown in table 2.4 shall be
required under this section and shall apply to all new development. Existing
landscaping which does not comply with the provisions of this section shall
be brought into conformity to the maximum extent possible when: the
vehicular use area is altered or expanded excep! for restriping of lots/drives,
the building square footage is changed, or there has been a discontinuance of
use for a period of 90 consecutive days or more and a requesi for an
occupational license to resume business is made.
Where a property adjacent to the proposed use is: (1) undeveloped, (2)
undeveloped but permitted without the required buffering and screening
required pursuant to this code, or (3) developed without the buffering and
screening required pursuant to this code, the proposed use shall be required to
)rovided for in table 2A. Where property
install the more opaque buffer as
adjacent to the proposed use has p
for in table 2.4, the proposed use.,
tLYided the more opaque b~
~a)l i~o. ~A buff :r.
,,.
fief as provided
Where thc incorporation of existing native vegetation in landscape buffers is
determined as being equivalent to or in excess of the intent of this code, the
planning services director may waive the planting requirements of this
section.
Buffering and landscaping between similar residential land uses may bc
incorporated into the yards of individual lots or tracts without thc mandatory
creation of separate tracts. If buffering and landscaping is to bc located on a
lot, it shall be shown as an casement for buffering and landscaping.
The buffering and scre~xing provisions of this code shall be applicable at thc
time of planned unit development (PUD), preliminary subdivision plat (PSP),
or site development plan (SDP) review, with the installation of the buffering
and screening required pursuant to section 2.4.3.5. Where a more intensive
land use is developed contiguous to a property within a similar zoning
district, the planning s~n'vices director may require buffering and screening
thc same as for the higher intensity uses between those uses.
2.4.7.3.
Landscape buffering and screening standards within any planned unit
development shall conform to the minimum buffering and screening
standards of the zoning district to which it most closely resembles. Thc
planning services director may approve alternative landscape buffering and
screcming standards when such alternative standards have been determined by
use of professionally acceptable to be equivalent to or in excess of thc intent
of this code.
Standards. Unless otherwise noted, all standards outlined in section 2.4.4
shall apply. Trees and shrubs shall be installed at the height specified in
section 2.4.4.2.
Water management systems, which shall include retention and detention
areas, swales, and subsurface installations, shall be permitted within a
required buffer provided they are consistent with accepted engineering and
landscaping practice and the following criteria:
Water management systems shall not exceed 50 percent of the square
footage of any required side, rear, or front yard landscape buffer.
o
Water management systems shall not exceed, at any location within
the required side, rear, or front yard landscape buffer, 70 percent of
the required buffer width. A minimum $ foot wide 10:1 level planting
area shall be maintained where trees and hedges are required.
Exceptions to these standards
evaluated on the following cl
19
.° AGENDA ITEM
Ierla: No. ~
n./0/ .
2.4.7.4.
a. Water manag~rn~t systems, in the form of dry r~t~tion, may
utilize an area greater than 50 perc~t of the buffer whm
existing native vegetation is retained at natural gra~e.
b. For lots of record 10,000 squar~ feet or less in size, water
managem~t arr~ may utilize an ar~a greater than 50 lnn'c~t
of the r~quir~d side and r~at yard buffers. A l~v¢l planQng
ar~a of at lea.st thr~e ft~-t in width shall b~ provided in th~se
buffers.
Sidewalks and other impervious areas shall not occupy any part of a
r~uired Alternative A, B, C, or D type buffer exc~t wh~:
a. Driveways and sid~valks ar~ constructed perp~dicular to the
buffer and provide direct access to the parcel.
b. Parallel meandering sidewalks r~uired by this code occupy
the buffer and its width is increased by the equival~t sidewalk
width.
c. A r~uired 15-20 foot wide buffer is reduced to a minimum of
10 feet wide and is increased by the 5-10 foot equival~t width
elsewhere along that buffer.
Types of buffers. Within a required buffer strip, the following altc-rnative
shall be used based on the matrix in table 2.4.
Alternative A: T~-foot-wide landscape buffer with trees spaced no more
than 30 feet on center.
Alternative B: Fii~ecn-foot-wide, 80 p~rcent opaque within one year
landscape buffer six feet in height, which may includ,; wall, f~ce, hedge,
berm or combination thereof, including trees spaced no more than 25 feet on
center. Wh~ planting a hedge, it shall be a minimum of 10 gallon plants
feet in height, 3 feel in spread and spaced a minimum 4 fe~ on center at
planting.
Alternative C: Twenty-foot-wide, opaque within one y~ar, landscape buffer
with a six-foot wall, f~ce, hedge, or berm, or combination theroof and two
staggered rows of trees spaced no more than 30 fe~t on
Alternative D: A landscape buffs' shall be required adjac~t to any road
right-of-way ~ external to the development project~ _Said landscape buffer
ghall be cor~sist~t wilh the vrovisions of the Collier Count' Str~etscave
~. The minimum width of,
according to the ultimate width of
ultimate width of the right-of-way
20
land.~cape buffer shall measure st least ~en feet in width. Where the ultimate
width of the right-of-way is 100 or more feet, the corresponding lan~
buffer shall m~ st least 15 feel in width. Developments of i$ acres or
more ~nd developmen~ within ~m ~ivity cent~ shall l:n'ovide I perimeter
landscape buffer of at lea~ 20 fee~ in width r~gm'dle~ of the width of the
right-of-way. Activity center fight-of-way buffer requiremen~ shall not
applic.~le to roadways inlemal to the development.
Trees shall be ~paced ~n average of 30 fe~l on center in the b,a~ buffer
abutting a right-of-way.
A hedge of at leas/24 inche~ in height at the lime of planting md atl~ining
minimum of 3 feet height within one year shall be r~luired in the
buffer where vehicular re'cas are ~djacent to the road right-of-way, lmr~ant to
section 2.4.4.3.
The remaining area of the l~ndscape buffer shall con~i~t of exis/ing native
vegetation, grass, ground cover, or other l~nd~.ape treatment, t~
Every effort should be made lo retain md incorpor~¢ the existing native
vegetation in the~e areas.
TABLE 2.4 TABLE OF BUFFER EEOUERENENTS BY
LAND USE CI.-~,SSEFICATIONS
Adjacent Progerfies Dieu'ici
Subjec~ Property't
Di~-icfU~e I 2 3 4 5 6 ? $ 9 10 11 12 13
1. Agriculture(A~) . B B B B B A A A A D A
2. Residential (E, RSF)
single-family A A B B B B B C B * D B
3. Residential (R~F-6,
RMF-I 2, RM~-I 6) mul-
ti family
4. Residential louzis! (RT)
ABABABBBB * D B-
ABAABBABB * D B
5. Village residential (VR)
6. Mobile home (lvl~I)
AABBABBBB * D B'
ABBBBABBB * D BB
7. CommerciaP (C-l, C-l~r,
C-2, C-3, C-4, C-5);
Bus.ess Park (BP)
8. Indusmal: (I)
A B
A C
21
B
BBBAAA * D BB
JUN 0 t 1997
.
9. Public usc (P), commu-
unip/f, ciliry (tlr),
Clubhouse,
t~,!mcuitv Cemcr
ABBBBBAAA ' D B -
10. p!_snned ~ develop-
mc-nt(YLID) . . · * * * * * * * D * *
l l. Vehicul~righis-of'wsY D D D D D D D D D D B -
B B B B B B B B B B A -
12. Golf course msia, tens.ucc
buildin~
13. Golf co~u~ ...... B -
The lcl~'r listed ~ 'Adjac~t ~ ~' ~D ~ ~e ~ ~ff~ ~
~e ~ ~ ~K~, ~e to a ~ of d~ ~ ~ ~ ~ ~ ~ ~"
· e most sLmi~ ~ d~ ~d ~t~ of ~. ~ a c~i~ ~ ~ ~e
bu~e~g requ~u ~d ~e ~d ~~ of ~ c~e, ~e ~ ~~ of ~e
subjec~ ~g d~ s~ll ~ly.
~Buff~g ~ a~l~ (A) ~ s~l ~ ~li~ble ~ ~e ~ ofs~ ~el~ p~
(SDP) ~1.
to ~ull a ~ five-f~t-~ ~ A ~ ~ff~ adj~ m ~e side ~d ~
pro~ ~es. ~s m s~ll not ~ ~d f~ ~ ~g~ ~ sd~g~ ~ ~Y ~
reduced to 50 fe~ on c~t~ sl~g ~ ~d side ~ ~ffm ~Y. ~s ~ ~
~ned ~.
~Buff~ ~e~ ~e~ co~ial ~e~ !~ ~Lhin a sb~g c~i~ ~y ~ a
sh~d 1 · ~de. ~ do~ not ~ly m ~O.W. ~
Naplesc~e 90's S~e~scaoe M~ PI~. includine a~s ~in the g~t or
way ~d on ~ui~ buff~ adiac~t to the g~t~f-~v, shall ~ ~o ~c
~ui~em~ of~e Colli~ N~l~c~ 90's S~~ M~ PI~,
22
,JUN 0 1997'
,,.la'.~
ORIGIN: Current Planning by direction of the Board of County Commissioners
AUTHOR: Robert Mulhere, AICP, Current Planning Manager, Susan Murray, Principal
Planner; Fred Reischl, Planner II; Ross Gochenaur, Planner I
DEPARTMENT: Planning Services Department
LDC PAGE: 2:189 - 2:192.1; 6:10, 6:18; and the sections referenced on the following
two pages.
LDC SECTION:
CHANGE: 1.
2.
2.6.21 Private boathouses and dock.
Remove boathouses as a conditional usc; require boathouses
to be approved through the boatdock extension process.
Amend the maximum allowable protrusion on canals less than 100
feet in width to include a pro,,fsion which requires a percentage of
the canal to be unobstructed.
Clarify the Dock Facility Extension Criteria.
Apply development criteria/regulations for boathouses including
setback, height, maximum number of boathouses per site, roofing
material restrictions and criteria for extension request.
Amend the definitions of Boatho~e. private and Dock facility.
REASON: 1.
Conditional use criteria for boathouses are not applicable to the use.
Defining a boathouse as an accessory stmctm'e and placing
restrictions on location, height, setback, etc. is consistent with the
intent of the LDC to regulate accessory structares. The required
review process will ensure waterways remain navigable and views
are not impaired.
Requiring a percentage of a waterway to remain unobstructed will
further the intent of the criteria used for judging dock facility
extension requests to ensure waterways remain safely navigable.
To further clarify standards to judge petitions for dock facility
extension requests.
To classify a boathouse more appropriately as an accessory use
and applying uniform development standards to ensure
compatibility with, and to minimize negative impacts on
surrounding property, property owners, and users of the County's
waten~'ays.
Clarify and further define boathouses and dock facilities.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
AGENDA ITEM
Words ~ are deleted; words ~ are sdded.
2.2.4. Residential single-family districts (RSF)
2.2.4.2.2. 2. Private docks~ ~ subject to section 2.6.21. ~!~
2.2.4.3. 1.
Noncommercial boat launching facilitier4 and multiple dock
f~cilities ~, subject to the spplicable review
criteria sci forth in section 2.6.21.
2.2.5. Residential multiple-family4 district (RMF-6).
2.2.5.2.2. Uses accessory to permitted uses.
Private docks~ ~ subject to section 2.6.21.,
and section 2.6.22.
2.2.5.3. Conditional uses.
Renumber the rest of the section as needed.
2.2.6. Residential multiple-family-12 district (RMF-12).
2.2.6.2.2. Uses accessory to permitted uses.
Private docks~ ~ subject to section 2.6.21, and
section 2.6.22.
2.2.6.3.
Conditional uses.
Renumber the rest of the section as needed.
2.2.7. Residential multiple-family-16-district (RMF-16)
2.2.7.2.2. Uses accessory to permitted uses.
Private docks~ ~ subject to section 2.6.21. and
Renumber the rest of the section as needed.
2.2.8. Residential tourist district (RT).
2.2.8.2.2. Uses accessory to permitted uses.
2.2.8.3.
3. Private docks~ and bgath
Conditional Uses
3. Noncommercial boat lac
1
roses subject to section, :.6.21.
Ps. /P~'
Words s~ arc deleted; words ~ arc added.
subject to the applicable review criteria set forth in section
2.6.21.
2.2.9 Village residential district (VR).
2.2.9.2.2. Uses accessory to permitted uses.
2. Private docks~ ~ subject to section 2.6.21.
2.2.9.3. Conditional uses.
1. Boatyards, ~ subject to the applicable review
criteria set forth in section 2.6.21, and marinas.
2.2.10. Mobile home district (MH).
2.2.10.2.2. Uses accessory to permitted uses.
2. Private docksv ~ subject to section 2.6.21.
2.2.10.3 Conditional uses.
Renumber the rest of thc section as needed.
Sec. 2.6.21.
2.6.21.1.
Individual or multiple private docks, including mooring pilings,
davits, lifts, and the like are permitted to serve the residents ora
development on canal or waterway lots, provided they do not
protrude more than the respective distances specified in sections
2.6.21.2 and 2.6.21.4 for such canal or waterway.
like are primarily intended to adequately secure moored vessels and
provide safe access by users for routine maintenance and
use while minimally im~actint the navitabilitv of the waterway.
the lnafive l~afine habitat, manatees, and the use and view of the
waterway by surro~ding omt~-rw owners. Permitted dock
facility protrusions as well as extension of dock facilities are
measured bom the property line, bulkhead line, shoreline, seawall,
tip-rap line, or Mean High Waler line, whichever is more restrictive.
On unbfidted barrier islands a boat dock shall be considered a
permitted orincioal usc: however, a dock shall no~. in any way.
~:gnstitute a use or structure which oermits, rcouires, and/or
provides for any accessory uses and or structures.
.~.., .... s. :f~r::.--':~:.'4 bBoathouses and dock facilities proposed
on residentially zoned properties ~s defined in section 2.1.14 of this
shall be required to be atroroved tl
in Section 2.6.21.3, and2.6.21.4.: "--:~'---" - -'"'~:':"'"'
.... '0 UIW0' '~"lg~'f .... ""
2
./aV
Words c,~ are deleted; words ~ are added.
~riteria atn~Iv to dock £acilities and boathouse$~
2.6.21.2.1. For lots on a canal or waterway that is 100 feet or greater in width,
no ~ Oock facility/boat combination shall protrude more
than 20 feet into the waterway (i.e. the total protrusion of the ~ock
facility plus the total l~rotrusion of the moored vessel).
2.6.21.2.2. For lots on a canal or waterway that is less than 100 feet in width,
~ facilities may extend/protrude not greater than five feet into
said canal or waterway. ~NO dock extension shall be m-anted to
al wad- ' '
it e wa e ''
9f the platted canal width bei~'een dock swucturcs/moored vessel(s)
9n the opoosite side of the canal io be unobstructed: whichever is
mor_e re~;t~¢tive,
2.6.21.2.3. For lots on a canal or waterway that is less than 70 feet in width,
the 0..9.~facility extension procedure identified in section 2.6.21.3
is not available (i.e., such lots are limited to a five-foot dock
facility).
2.6.21.2.4. All dock.facilities on lots with water frontage of 60 feet or
greater shall have a side setback requirement of 15 feet, except as
provided in Sections 2.6.21.2 or 2.6.21,4, or as exempted below.
All ..~.~_facilities {except boathouses) on lots with less than 60 feet
of water frontage shall have a side setback requirement of 7 ½ feet.
All ~dpck .facilities_{excent boathousesl on lots at the end or side end
of a canal or waterway shall have a side setback requirement of 7 'A
feet as measured from the side lot line or riparian line, whichever is
appropriate. For purposes of this section, riparian line shall be
defined as a line extending from the comer of an end lot and side
end lot into the canal or waterway bisecting equidistantly the angle
created by the two intersecting lots.
(See exb3bit A.)
2.6.21.2.5. All .~.~facilities, regardless of length/protrasion, shall have
reflectors and house numbers four inches minimum size installed at
the outermost end, on both sides..-'or multifamily developm
3 JUN 0 t 1997
Words ~ are deleted; words ppderlined are added.
2.6.21.2.6.
2.6.21.2.7.
2.6.21.2.7.1.
2.6.21.2.7.2
2.6.21.2.7.3
All tlg~facilities are subject to, and shall comply with, all federal
and state requirements and permits, including but [not] limited to
the requirements and permits of the Florida Depa~a~ient
of Environmental Protection, the U.S. Army Corps of Engineers,
and the U.S. Environmental Protection Agency.
Protection seagrass beds. Where n~,v .. , ......... ,
e~ dock facilities am proposed or boat dock extensions, the location
and presence of seagrass or seagrass beds within 200 feet of any
proposed dock facility er..bealhea~ shall be identified on an aerial
photograph having a scale of one inch to 200 fe~-t when available
fi'om the county, or a scale of one inch to 400 feet when such
photographs are not available from the county. The location of
seagrass bexLs shall be v~'ified by a site visit by the site
development r~vi~v director or his designee prior to issuance of any
project approval or peri'nit.
All proposed -bc.~::h'-.'.:':::, ~' .... ~'" .... a dock facilities shall be
located and aligned to stay at least ten feet from any existing
seagrass beds, except where a continuous bed of seagrasses exists
off the shore of the property and adjacent to the property, and lo
minimize negative impacts to seagrasses and other native shoreline,
emergent and submerged vegetation and hard bott'om communities.
Where a continuous bed of seagrasses exists off the shore of the
property and adjacent to the property the applicant shall be allowed
to build a dock across the seagrasses, or a
dock facility within ten feet ofseagrasses. Such
~ dock facilities shall comply with the following
conditions:
1. The boathouse, boat shelter or dock shall be at a height of at
least 3.5 feet NGVD.
2. The terminal platform ofthe dock shall not exceed 160 square
feet.
3. The access dock shall not exceed a width of four feet.
The access dock and terminal platform shall be sited to impact
the smallest area of seagrasses possible.
The petitioner s aall be require,
impacts to seagrasses and oth,
4
Words c,~ arc deleted; words gl~ arc added.
bottom communities have been minimized prior to any project
approval or permit issuance
~ ~)ock Facility Extension: Boathouse Establishment
Additional length/protrusion beyond said respective distances
specified ia sections 2.6.21.2.1 and 2.6.21.2.2. for dock facilities:
a 1
wat~n'wav or the width of the wattrwav, Ir, a7 b: .-.~'.:'-~::~- :--? shall
~-equire public notice and a he~ing by me Collier County Planaing
Commission. As to any boat doc~ ~ extension
petition upon which the planniag commission takes action, pursuant
to section 5.2.11 of this code, an aggrieved petitioner or adversely
affected prop~'y owner may appeal such final action to the Board
of Zoning Appeals. The Board of Zoning Appeals may affirm,
affirm with conditions, reverse or reverse with conditions the action
of the Planniag Commission. Such appeal shall be filed with the
Community Development and Environmental Ser,,ices
Administrator within 14 days of the date of the action by the
Planning Commission and shall be noticed for hearing with the
Board of Zoning Appeals pursuant to the procedures and applicable
fee set forth in section 1.6.6 ofthis code. The Planning Commission
ihall base its decision for aovroval, av~roval with conditions, or
~lenial. on the following criteria;
6213 ~ ..........
t'acili:y i: :: ~'-. ...... ,-Whether or not the I~rooosed dock &siam
and moored vessel protrude re'eater than ;~5 ~erc~t of the width of
the navigable canal or re'eater than 20 feet for boathouses, and
Whether or not a minimum of 50 oercent of the _olatted canal width
between dock structures/moored vesselCsl on the opposite side of
the canal is maintained in order to ensure reasona¥1e waterway
width for navigabilit~
2.6.21.3.2.
Whether or B0t there are s~ecial conditions related to the subiect
property or water,'ay which justify the nrooosed dimensions and
location of the subiect dock,
2.6.21.3.3.
W'~etheror not the orooosed dock is of minimal d~menst¢ ~ns
L¢.ces~;ary in ord~ to ad~uatelv ~cure ~-~ vcsse~ ~lesa~n~ ~zu /
.... . ~O.
Fithout the use of excessive dee~ a~'~N 0 ~ 15~7 ~
Words ~ are deleted; words ~ arc added. 2.6.21.3.4.
et n ti
'° i ° ° wi °
2.6.21.3.5.
eib o v ' ' [ .,
fth o w
ITU W
p£ the wateTwa¥ by surroundini 9ro~erw ow~ers~
2.6.21.3.6. Whet erorno o ed ati d ' e /v e
combination is such that it may infrinee upon the rise of
~ei hbo' r 'e 'c ' ' i t
2.6.21.3.?. ,c,~, ,~,,,-~ .... ,--~-,-~: .... ~,,. ~ existing benthic organisms
in the vicinity of the proposed extension:
a Whether r not sses are cat d 't i O0 e
~ . .
Wheth o ot o e ockl ectt he a ate
protection ~-equirem~ts of this code(Sec. 2.6.221,
2.6.21.3.8. If deemed necessary based upon review ofthe above criteria, the
planning commission may impose such conditions upon the
approval of an extension request it deems as necessary to
accomplish the purposes of this code and protect the safety and
welfare of the public. Such conditions may include, but shall not be
limited to, greater side setback(s), provision of light(s), additional
reflectors, or reflectors larger than four inches, and prohibiting or
permitting mooring on the outside of the dock facility.
2.6.21.4. B athouse l~e uirernents' In dditi n to th riteria in rio
~?.6.21.3.. the follow'init criteria shall at,ply to boathouses.
2.6.21.4.1.
2.6.2~.4.2.
Minimum side setback reciuil'emenI;
Maximum protrusion into waterway;-
;25 vcrccnt ofcanal
w]aichever is les~
6
AGENDA ITEM
No. ~
JUN 0 ~ 1997
n.///
AGEN TEM
Words ~ ar~ dcl~lgd; words _underlined sr~ add~L
2.6.21,4, 3, Maxirnwn height:
,!O _uerccnt ofhci~
ofurinciual structure
in' l $ fe~ measured
_from tM of
~hichev~r is mor~
lidcs.
..21.4.';. I ' '
?chig:kee' s'tvl¢.
Division 6.3
Boatho~e. p~te: ~ ~~ ~ to a ~d~tial ~~s),
ad, acer to a war--ay. ~ ~d ~dine ~v~
~ A p6vate ~a~ouse may not be ~M for ~e p~se ofh~
habitation. (See s~on 2.6.21.)
~ facili~: ~Y ~re ~~ed ~ or ov~ a wm~ay for ~e
p6ma~p~se ofm~dng a ~at. ~s includ~ d~ ~
AGENDA ITEM
fro. ~
JUN 0 ~. 1997
,,,//,2... ,
ORIGIN= Current Planning
AUTHOR~
Bob Mulhere, AICP
Current Planning Manager
DEPARTMENT~ Planning Services Department
LDC PAGEs 2:178-2:180
LDC BECTION~ 2.6.7.5. Restricted Parking Overlay District for
Marco Island.
CHAN~E, Deletion of this Section as it will be incorporated into
and become a part of the Marco Island Overlay District
regulations.
REASON~ There is no reason to have the "RP" overlay designation
appear in a different place in the code. Since it applies only to
Marco Island, staff is recommending deleting it in its current
format and incorporating it into the proposed Marco Island
Overlay.
FISCAL & OPERATIONAL IMPACTSs None
RELATED CODES OR REG~LATIONS~ None
Amend the Land Development Code as follows:
(On:L No. 92-'73, §2; Ord. No. 93-89, §3)
Code reference-Stopping, sl~xling ~ parkin~ §130-31 et seq.
RESTRJCTE.D PARKING OVERLAY MARCO/~:MAR.IE's t..OC..hnd
JUN 0 ,~ 1997
ORIQIN~
Current Planning
Ronald F. Nino, AICP Chief Planner
DEPARTMENT~ Planning Services Department
LDC PAQE~ LDC 2: 236
LDC SECTIONz 2.7.2.12 Limitations on the rezoning of property
CHAN~E~ To limit the application of the provisions dealing with
the minimum amount of land for which a rezoning action may be
requested.
stionably this provision was intended to discourage
REASONt Unque ..... ~---~ .a~ot zoning". The
, that ma De con~u=~ -~
rezonlng actions Y rohibits a
problem is that the way the provision is worded it p
rezoning action from one type of commercial zoning district to
another, or even worse prohibits a rezoning action for a left
over lot that is surrounded with development, and where the
rezoning action is of a transition zone between all abutting
properties. Staff is of the opinion that the scenario's
described do not qualify as .spot zoning". The purpose of this
provision is unclear, and in the opinion of staff unnecessary if
's to revent .spot zoning". Several instances
its only goal. 1 P .... 1 r dimension could not be
have arisen where properties of ..... le
equitably dealt with due to this provision.
FISCAL & OPERATIONAL IMPACTS, None.
RELATED CODES OR RE~]LATIONS~ None.
Amend the LDC as follows:
2.7.2.12. Limitations on the rezoning of property.
2.7.2.12.1 No change in the zoning classification of property
shall be considered which involves less than forty
thousand (40,000) square feet of area and two
hundred feet (200') of street frontage except:
where the proposal for rezoning of property
involves an extension of an existing ~
~ district boundaryT ~ithin the broader
However, the requirem
(200') of street fro~
rezone petitions that pl
or more affordable hous
ORIGIN:
AUTHOR:
Bob Mulhere, AICP,
Bob Mulhere, AICP,
Current Planning Manager
Current Planning Manager
DEPARTMENT: Planning
LDC SECTION: 2.7.5.
CHANGE: Amendment to remove requirement that BCC meeting be advertised
_and scheduled at least fifteen days after the CCPC meeting and to provide language
allowing the Board to conditionally approval of an after- the- fact variance for the
subject structure only (not necessarily running with thc land).
REASON: This amendment will allow staffto advertise and in some cases
schedule the BCC hearing on a variance any time after the CCPC hearing whereas
currently, the language in the variance section requires that a variance be advertised
for the BCC after the CCPC and heard a minimum of fifteen days after the CCPC
hearing. This amendment will make variance advertising procedures consistent
with those for other land use petitions.
Additionally, by Board direction staff is proposing that after-the-fact variances be
specifically approved for the subject structure, thus in the case of destruction of the
subject structure, future development will adhere to the development standards in
effect at the time of development.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Chapter 67-1246, House Bill No.
3022, known as the "special act" for Collier County is an act (approved by the
legislature in 1967) authorizing the County to plan, zone, regulate subdivisions,
establish and maintain boards and commissions for carrying act those purposes.
The special act provides very specific language for various with regard to the duties
and powers of the CCPC and the Board of Zoning Appeals. The proposed
amendment does not contravene the conditions and procedures set forth in the
"Special act".
Amend the LDC as Follows:
Sec. 2.7.5.
2.7.5.7.
Variance procedures.
conditions and safeguards
including, but not limited to, reasonable tk
the action for which _the variance is requi
Conditions and Safeguards. la recommending approval of any
variance, the planing commission make recommend appropriate
in conformity with this zoning code
~ lim~i]~n ~'nscn
ed sh'tfll ~n or
JUN 0 4 1997
2.7.5.10.
2.7.5.13.
completed, or both. . - v '
a ' e S ''
an a o t .
0 . ' a V''
· · Violation of
f is ' '
such conditions and safeguards, when made a part of the terms
under which the granting of this variance is granted, shall be
deemed a violation of this zoning code.
Notice of board of zoning appeals public hearing. Upon
completion of the public hearing by the planning commission ~
· - ~ Notice
etitio h I card th z ,
of public hearing shall be given at least 15 days in advance of the
public hearing for the board of zoning appeals. The owner of the
property for which the variance is sought, or his agent or attorney
designated by him on his petition, shall be notified by mail. Notice
of public heas:ng shall be advertised in a newspaper of general
circulation in the county at least one time 15 days prior to the
hearing.
Conditions and Safeguards. In granting any variance, the board of
zoning appeals may prescribe appropriate conditions and
safeguards in conformity with this zoning code including, but not
limited to, reasonable time limits within which the action for
which hLh_e._variance is required shall be begun or completed, or
both. In the case of after-t - ac varia c a ' at
that in the se ofd truct' a i
reason to an extent e ual to or reate , crc ! f 't
the actual e lace nt '~n s c f vi i
destr~cti n an' c t ctl
this code in effect at the ~im¢ of re¢onstruction~ Violation of such
c~0nditions and safeguards, when made a part of the terms under
which the granting of this variance is granted, shall be deemed a
violation of this zoning code2.?.5.7.Conditions and Safeguards. In
recommending approval of any variance, the planing commission
make recommend appropriate conditions and safeguards in
conformity with this zoning code including, but not limited to,
reasonable time limits within which the action for which the
variance is required shall be begun or completed, or both. la the
AGEN TrM
JUN 0 4. 1997
,,,._ _
effect at the _time of reco~stra~on. Violation of such conditions
and safe~'ds, when made st part of the terms under which the
gr'~ of thh vazian~ is ~ranted, shall be deemed a violation of
AGENDA ITEM
JUN 0 4.1997
ORI~IN~ Staff
AUTHORs Thomas E. Kuck, P.E.
Engineering Review Manager
DEPARTMENT~ Planning Services Department
LDC PA~E~ LDC 3:39 & 40
LDC SECTION~ Section 3.2.8.3.22
CHANGE~ Change the LDC language in Section 3.2.8.3.22 in
Subdivision Required improvements relating to sight distance
triangles at intersections to same language used in Section
2.4.4.13 of the Landscaping Plant Material and Installation
Standards.
REASON~ Provide consistent language in these two sections of the
LDC.
FISCAL & OPERATIONAL IMPACTSs None
RELATED CODES OR RE(KILATIONSs None
3.2.8.3.22.
3.2.8.3.22.
~iaht-o~-wav Or when a DroDertv abuts
intersection of two or more riahts-of-wav.
~i~imum safe siaht distance ~rianqular area shall
- within ' ~ea _
1
9~ TransD°rtati°n's Manual of Uniform Minimu~
Standards for Desian. Construction. an~
Maintenance Of Streets and Hiahwavs (DOT Green
~ook} where appropriate. Posts for i11uminatin~
fixtures, traffic control, and street ~ame siano
~ha~l also be permitted, so long as the sicrn o~
~uiDment is ~ot within the prescribed cleal
where an $ccesswav enters a richt-o~-w~v, two saf~
distanc~ ~rianGles shall be created dia~ona11~
across from each other on both sides of the
accesswa¥, Tw~ sides of the triangle shall extend
ten ~eet ~ach w~y from the point of intersection
from ~he e~ge ~f pavement and the ri~ht-of-wa%
line, The ~bird side of the trian,le shall be a
~ine connecting the ends of the other two sides~
Where a property abuts the intersection of two
rights-of way. a safe distance ~rian~le shall b~
created. Tw~ sides of the trianale shall extenu
30 feet along ~h~ abu~in~ richt-of-wa¥ lines~
measured from the point of intersection. The
~hird ..$~de of Dh~ triangle shall be a line
connectipg %he ~n4s 0~ the other Dw0 sides~
The developer shall comply with all of the
provisions of the applicable landscape
requirements and division 2.4 at the time of
or development approval
subdivision
applicable.
SECTION 3.2.8.3.22. LDC AMENDMENT/TEK/md/H:MARIE'S hDC
or when
ORIOIN: Marco Island Zoning Overlay
AUTHOR: Bob Mulhere, AICP
DEPARTMENT~ Planning Services
LDC SECTION: Sections 3.3.5.1. & 3.3.5.4.2 & 3.3.5.7.
CHANOE= Addition of language to reference special submittal
requirements for SIP or SDP in conjunction with parking
reduction, or other development standard variations as provided
for in Section 2.2.26., The Marco Island Zoning Overlay.
REASONs Cross referencing theBe requirements will make it
easier for individuals utilizing the LDC to be aware of all
submittal requirements.
FISCAL & OPERATIONAL IMPACT$~ None.
RELATED CODES OR REGULATIONSt
Section 2.2..26.7.2.,
Redevelopment
Marco Island Zoning Overlay
Additions, Site Improvements and
Se¢.33.5.
3.3.5.1.
3.3.5.4.2.
Site development plan review (SDP) procedures.
Minor site development plan review. Submittal of a site development plan under
thc minor review process shall be in conformance with section 3.3.5.5,., final site
development plan applications, togc~ther with the following preliminary site
development plan application requirements: sections 3.3.5.4.1,, 3.3.5A.2.1,_ -
3.3.5.4.2.5.., 3.3.5.4.2.6.b - f, 3.3.5.4.2.7.a- f, 3.3.5.4.2.8 b, f, h, ~ k -
m,.p,.,_ 3.3.5.4.3.. - 3.3.5.4.6. A site development plan may be reviewed under the
minor SDP review process if the plan submittal meets the following
requirem~ts:
Site development plan. A site development plan prepared on a maximum size
sheet measuring 24 inches by 36 inches drawn to scale and setting forth the
following information:
8. Illu~uativ¢ information accurately d~icted on the site d~velopment plan
shall be as follows unless waived at the pr~-application meeting:
wh~¢ almlicable, thc site devclo!?mcnt ulan shall include
_m'aphic d~iction and site vlan notations addressimz thc
provisions of Section 2.2.26.7.2. of this code.
,JUN 0 1997'
Any additional relevant information as may be required by the
~ ~ scrvi¢cs director,~' his dcsi~cc~
3.3.5.?.
Site improvement plan submittal and rev/ew. A site improvement plan
(SIP) shall be prepared on a 24-inch by 36-inch sheet drawn to scale and
setting forth the following information:
12. W]ler¢ ~o~lic~_ble. the site irrmrovcment olan shall include
~aohic dcoiction mad site olan nota6ons addressin~ thc
_v~o-,,isions of Section 2.2.26.7.2. of this code.
13. Any additional relevant information as may be required by thc
~ ~ services director~ or his desi~nec.
AGENDA ITEM
3U~I 0 i 1997
ORIOIN~ Staff
AUTHOR, Thomas E. Kuck, P.E., Engineering Plan Review Manager
DEPARTM~NT~ Planning Services Department
LDC PAGE~ LDC 3:91
LDC SECTION~ Section 3.5.4.7
CHANGE~ Change exemption for excavation permit for excavations
not exceeding five acres to apply to single family lots/tracts
greater than 2 acres.
REASON~ Current exemption only applies to single family
lots/tracts less than 5 acres. It makes more sense from a
technical standpoint to permit exemption for parcels 2 acres and
larger verses 5 acres or less provided all construction standards
for excavation are met.
FISCAL & OPERATIOKAL IMPACTS~ None
RELATED CODES OR REG~LATIONSs None
3.5.4.7.
Farm animal watering ponds or excavations located on
single family 10ts/tracts where the net property e~ee
is fivc acre= cr Ic:~ ~wo acres or more are exempt from
the permitting procedures contained in this division,
but must comply with all the construction standards of
this division. Such exemptions apply only if:
SECTION 3 · 5.4.7. LDC AMENDMENT/TEK/md/H:MARIE'S LDC
JUN 0 4 1991
ORI(~IN:
AUTHOR:
DEPARTMENT
LDC PAaE:
Staff
Thomas E. Kuck, P.E., Engineering Plan Review Manager
Planning Services Department
LDC 3:97
LDC SECTION: Section 3.5.7.2.4
CHANaE: Provide guidelines for where bulkheads are substituted
for lake slope requirements.
REASON: Pr6vide guidelines for bulkhead construction in lieu of
slope requirements to be consistent with South Florida Water
management District requirements.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REG~TIONS: None
3.5.7.2.4.
Exceptions to the side slope requirements that may
be justified by such alternatives as artificial
slope protection or vertical bulkheads shall be
approved in advance by the site development review
director, where justification shall be documented
in a design analysis prepared by a professional
engineer registered in the State of Florida.
~ulkheads ~av be allowed for no more than 40
percent of the shoreline lenath, but comDensatin~
littoral zone must be provided.
SECTION 3.5.7.2.4. LDC AMENDMEITT/TEK/md/H:FJtRIE'S LDC
JUN 0 1997
ORI(~IN
AUTHOR
Staff
Thomas E. Kuck, P.E., Engineering Plan Review Manager
Gall G. Gibson, Ph.D., P.G., C.P.G.
Senior Hydrogeologist, Pollution Control Dept.
DEPARTMENTs Planning Services Department
LDC PAOEs LDC 3:114, LDC 3:116
LDC SECTIONs Section 3.6.5.5.3.6 and 3.6.5.7.1
CHANGE: Minimum elevation for domestic potable and irrigation
wells. Requirement to provide sketch showing location of wells,
septic tanks and drainfields when applying for well permit.
REASON: To address concerns for the health safety and welfare of
the County's citizens who use wells for potable and irrigation
water.
FISCAL a OPERATIONAL IMPACTS: None to Collier County
RELATED CODES OR RE~ULATIONS~ None
3.6.5.5.3.6.
3.6.5.5.3.6.
Ag a minimum, all domestic potable and irritation
wells shall be left and maintained at finishe~
~round floor elevation. Ail other wells shall be
~ef~ an~ ~intained at least 12 inches above
finished qrade, unless otherwise Dermitted~
3.6.5.7.1.
Provide a sketch or drafted mad identifvin* the
~ocation and distance to all wells, septic tanks.
and drainfields from the DrODOSed well. at the
time ~ this application. This applies tO wells.
SeDtiC tanks, and drainfields both on the sub4ech
property and on all contiouous and closely
adjacent orooerties. This reuuirement applies tu
those wells, septic tanks, and drainfields that
~re eiDher installed, under construction, ok
permitted at the time of this application. The
staked location of the well for which this permit
is beinq reouested must meet all applicable
~etback r~quirements,
JUN 0 A 1997
LD C AMENDMENT ORDINANCE
JUN 0 4 1997'
· ~../.,~.? _
ORDINAJ~CE NO. ~'~' .-=--
AN ORDINANCE AMENDING ORDINANCE NLrMBER ~1.102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
V/141CH INCLUDES THE COMPREHENSIVE ZONING
COLLIER
REGULATIONS FOR THE UNINCORPORATED AREA OF ONT-.,
COLrN'Ty, FLORIDA, BY PROVIDING FOR: SECTION
RECITALS; SECTION TWO, IqNDINGS OF FACT; SECTION
C EDEVELOPM£N'T CODE,
RAL PROVISIONS, DMSION 1.15. LAXVS
ARTICLE I, GENE ...... Ur. RE N: ARTICLE 2~ ZONING,
IT¢CORPORATED BY REFEI~.t.t~.t. .... I . pERMITTED USES,
DIVISION :2.2. ZONING DISTRIC'I'S,
CONDITIONAL USES, DIMENSIONAL ~'ANDARDS INCLUDING
THE ADDITION OF TH£ MARCO ISLAND (MIZO), STATE ROAD 29
ERCIAL (SR.29COD) AND J~FFERSON
COMM ...... ~ ~VEILLAY DISTRICTS, DrviSlON
COMM£RCI.~ (JACOO} z.u~,,,-,., ,.,
NDSCAPING AND BUFFERING, DIVISION__..
2.4. LA ' _ ONS, DIVISION 2.'~. Zo~i, u
SUPPLEMENTAL DISTRICT REGULATI DIVISION 3.2.
ADMINISTRATION AND PROCEDUP..KS; ARTICLE 3,
SUBDIVISIONS, DIVISION 3.S. EXCAVATION, DMSION 3.6.
CONSTRUCTION; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
I~CLUDING, BLT NOT LIMITED TO THE DEFINITION OF ADb'LT
LIVING FACILITY, CARE UNIT, CONTINUING CARE RETIREMENT
FACILITY, GROUP HOUSING FACILITY AND NURSING HOME;
AM£NDMENT OF THE FOLLOV~ING OFFICIAL ZONING ATLAS
MAPS - MI~IA, MB2A, MI~3A, M1~4A, MBSA, MBIB, MD2B, M~3B,
MB4B, MBSB, MB6B, MB'/B, MBSB, MBgB, MB2C, MB3C, MB4C,
MBSC, M~6C, MB?C, MBSC, MBgC, MIMD, MBSD, MI~6D,
MBSD, MI~gD, MBIOD, MBSK, MB6E, MI~'/E, MB6F, MB9~' - TO
REFLECT THE MARCO ISLAND ZONING OVERLAY DISTRICT
D£SIGNATIO~ AND REMOVI: THE "Rr' DESIGNATION IN ORDER
TO CONFORM TO THE NEW SECTION 2.2.26. OF THIS CODE;
AMENDMENT OF THE FOLLOWING OFFICIAL ZONING ATLAS
MAPS - 6928S, 6932S, 6933S, 6933N, '/904N, '/905N - TO REFLECT THE
SR 29 COMMERCIAL OVERLAY DISTRICT DESIGNATION IN
ORDER TO CONTORM TO THE REQL'IRKME.'~'TS OF I~E~''
FOLLO,~,-ING OFFICIAL ZONlr~u
REFLECT THE JEFFERSON A%'KN'UE COMMERCIAL OV£RLAY
DISTRICT DESIGNATION IN ORDER TO CONFORM TO THE
REQUIREMEN'I'S OF ~E~/ SECTION 2.2.28 OF THIS CODE;
SECTION FOUR, CONFLICT AND SEVKRABILITY; SECTION fl
i.~CLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
SECTION SIX, AN EFFECTIVI~ DATF.-
V, TI£R~AS. on October 30, 1991, the Collier Count)' Board of County Commissioners adopted
Ordinance No. 91-102, the Collier Co~ Land Developm~ Code, ~ich has been subseq~1.v amended;
and '~TIEILEAS, the Land Devdopme~t Code may nm be amended mote t~an two ~imes in each calendar
year pursuan~ ~o Section 1.19.1., LDC; and
~TFEREAS, this is the firs't amendment ~o the La~ Developmer~ Code, Ordinance 91-102. in
/ /I laAY
~,"FI£R.EAS, on M~rch IL 1997, ~he Boar~ of C~
c~blis~n~ I~1 ~ui~ ~ ~~ ~E~S, ~! ~u of R~l~on 97.177
~S, ~ Bo~ of Co~' Co~ission~ in ~ m~ ~ ~ ~' did ~ld
~v~i~d public ~n~ on May 21, 1~7
NOW, ~FO~ B~ ~ O~D ~' ~ B~ of Co~ C~is~ of Coili~ C~,
Florida, that:
SECTION ONe: ILI~CITALS
The foregoing recitals ~te ltue and correct ~gl i~cotpora~ed by reference herein ~s if full)' set forth.
SECT1ON TWO: FINDINGS OF FACT
The Board of Count)' Commissioners of Collier Count)', Florida. hereb,ff makes she following findinp
of fac~:
1. Collier Co,mt)', ~t to Sec. 16.~.3161, el ~.. Fl·. Sm., ~he ~ L~ ~~t
Com~chensiv~ Pl~in~ ~d L~d ~'el~: Re~l~io~ A~ ~fi~ ~ 'Aa'), is ~ m
prcp~e ~d ~o~ ~ C~h~six~ PI~.
2. After adoption of the Com~eh~sixe PI~ ~e Act ~ in ~icul~ ~. ! 63.3202(!).
S~., m~dates ~al Collier Coun~F adopt l~d d~'elo~t regulatio~ ~ ~ c~i~t ~ ~
implement the adopted comprehensive pl~.
3. Sec. 163.3201, Fla. S~., ~x~des ~at it is ~ in~t of~ A~ ~ ~e ~o~on ~
enfo~t by Collier CountF ofl~d d~'elopment regulations for ~ ~ ~i~~ ~ s~l
ba~d on; ~ related ~o, and ~ a mc~s of implem~zion f~, ~ ~ C~i~ PI~ u ~q~
bF thc Act.
4. Sec. 163.3194(1)(b), Fh. Stat., requires that ali land development regulations enaaed ot
amended b)' Collier Count' be consistent with the adopted Comprehensive Plan, ot element or portion
thereof, and any land development regulations existing at the time of adoption ~ich ate not consistent with
the adopted Comprehensive Plan, or element or portion thereof, sl~ll be ~mended so as to be consis~cnt-
~. Sec. ! 63.3202(3), Fla. Stat., states that the Aa shall be construed to encourage the use of
innovative land development regulations.
6. On ganuazy 10, 1919, Collier Count' adopted the Collier Coumy Otow~ Maz~ernent Plan
(hereinafter thc 'Gro~ Management Plan' or 'GM?') as ils Comprehensive Plan pmsuant to thc
requirements of Sec. 1634.3161 el sea. Fla. Stat., and Rule 9J-$, F.A.C.
7. Sec. ! 63.3 ! 94(1X·), Fla. Stat., mandates that after · Comprehensive Fires, o~ clement or
taken in re~a~'d ~o developrnem orden by. ~ovenunental a~er~ies in re[~"d ~o Ired eove~d by such
Comprehensive Plan or elerneni or portion ~ereof shall be consistent wit~ such Comlxchensive Plan or
clement or portion thereof.
S. Pursuam to Sec. 163.3194(3Xa), Fla. Stat., a developmem order or iar'd devcl°pmcm
regulation shall be consistent with the Comprehensive Plan if~he land uses, densities or imensifies, in the
Comprehensive Plan &nd if it meets all other er~te'da enumerated ~' the loc~ tovemment-
9. Section 163.3194(3)(b). Fla. Sim., requires that a development approved or undertaken by ·
local governmen! shall be consistent w~th the Comprehensive Phn if the land uses, densities or intensifies,
capaci~ or size, timJnf,, and oOmr aspects of developmem att comp~t~le ~fix. and f~-tlx, r d~e objectives,
policies, land uses, densities or intensities in fi~e Comprehensive Plan snd ifS! me~ all otlm' criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted hhe Collier County Land Development Code,
which became effective on November 13, 1991 and ma}' he amended ~wice ~rmually.
11. Collier County finds lhst the Land Development Code is intended and necess~y to pr~,rve
and enhance the present advantages that exist in Collier County; encourage ~he mos~ appropriate use of land,
water and resources, consistern wkh 0~e public inleresl; overcome presenl handicaps; and desl effectively
with furore problems thai may result from the use and development of land ~lhin the total unincorlx~ted
are of Collier County and it is iniended that this Land Developmen~ Code preserve, promole, prolec',, and
improve the public health, safe~', comfort, good order, appearance, convenience, and lenoral welfare of
Collier Count.'; preveni the overcrowding of land and avoid the undue concentration of population; facili~
the adequate and efficient provision of u-ansponafion, ~ter, se~x-rage schools, p~ks, recr~iional f~cilities,
housing, and other requirements and services, conserve, do'clop, utilize, and pro~ect narar~l resources ~ithin
the jurisdiclion of Collier Count)'; and pro~ect human, environmental, social, and economic resources; and
maintain through orderly growth and development, the ch~cter and siability of present and furore land uses
and development in Collier County.
12. It is the intent of ~he Board of Count)' Commissioners of Collier Count)' lo implement the
Land Development Code in accordance with the provisions of the Collier Coun~ Compr~hensi~ Plan,
Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through ~ amendments to ~e Code.
SECTION THREE: ADOPTION OF AMENI)MEN'fS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A: AMENDMEI~'TS TO ARTICLE 1, GENERAL
PROVISIONS
Words w.~Mw~0~ a~ deleted, words
,JUN
MAY
Division 1.15. Law~ Incorporated Hewn By Refers, ce of Ordiname 91-102, as
am~ded, the Collie~ County Land IX~lopmem Code, is hereby amended to tend as follows:
DIVISION 1.1& LAWS INCORPORATED fl£REI~ BY REFERENCE
The follow~n~ Collier Coun~ cndinames and la~ as amendedrecited be~i~ Repeal or
in~orper~ed into this cnde by ~ference as if fully sen forth and
amendmen! of these c~lina~es, or adoption of su~cesso~ ordir, ances, shall not be subject to
l~c~edw~'s otherwise teclui~'d foe adoption of amenclments m this cnde, exctTn as otherwise
Ordinance Number
Subject
Collier Coumv Su~,~-t_~_~ne Mnster Plan fCC'MPI
ordinance Nmnber is given to
CCSMP)
SUBSECTION 3.B: AMENDMENTS TO ARTICLE 2, ZONING
Division 2.2., Zoning Disu4cts, permitted Uses, Conditional Uses. Dimensional
Standards, of Ordinance 91-102, as amended, the Collier Counvy Land Development Code, is
hereby amended to re. ad as follows:
DIVISION 2.2. ZONING DISTRICTS, p£R.MITTED USES, CONDITIONAL USES,
DI.M£NSIONAL STANDARDS
Sec. 2.2.2.
2.2.2.2.2.
2.2.2.3.
2.2.2.3.16.
~S. and ch.
Words ~q~,4h~nq~h an deleted, wonls _u
Rural agricultural district.
Uses accessory to permitted uses.
.... :-:~ £xcavation and related processing and
production subject to the follo~ing criteria:
a. The activity is clearly incidental to the agricultural development of the
property.
b. The affected area is x~ithin a ~-face water management system for
agricultural use as pertained by the Sou~h Florida Water Management
District.
V ' V '
_4.000 cubic yards. Amounts in excess of 4.000 cubic yards shall reaui~
~gnditional use eoo~o-,'al for eart~'nlnina. ~ursuam to the ~rocedures and
gonditions set forth in Section 2.7.4.
Condttional asea. The followin$ uses are permitted as conditional uses
in the ruzal agdculmra! district (A), subjec~ to the standasds and
procedmes es,,ablished in division 2.7.4.
Group care facilities (category I and II) care units; and nutslng homes~
Isslsted livinn facilities oursuant to s. 400.402 F.S. and ch.
2.2~.
2.2.3.3.
22.33.5.
2~.4.
2.2.4.2.2.
2.2.4.3.
e Land Use
~olller Cotmtv Growth ~,tnnaaement
~ion 2.6.26.
Uses accesso~ to ~hted ~es.
in ~e ~sidcnti~ slngle-f~ilY ~ ~F), subje~ to ~e s~rds
~d pr~cdurcs cs~blishc~ in div~ion 2.7.4.
1. Noflcomm~ial ~ax Inunc~ng faciliti~ ~d multiple d~k
facili6es ~'
cfit~z ut fo~h in ~iofl 2.6.21.
2.2.5.
2.2.5.2.2
Group cm'e facili6es (category I); ._~arc units subicc~ to
......... ~ t~ q 4~.4~
~. and ¢~. 4-19~ F.A,C.: · ~bje~ Io ~ction 2.6~6.
[Renum~r ~is ~tion ~ ~cs~']
Multt-ftmi~ dist~ dbt~ct (~F~).
Uses accesso~ ro permitted
2. private d~ ~ ~bj~ to ~tion 2.6.21.
2.2.5..3.
Conditional uses. The follo~'ing uses ate permitted as conditional uses
in the residential mule.family-6 district (RMF-6), subject to
stand, ds and procedures es-~blished in division 2.7.4.
f~..-.~ :.r. ::::-::r. .......
7. Ol'OUp care faciJi~es
~. '
I- l 'x,,
2.2.6.
2.2.6.2.2.
2.2.6.3.
2.6.26.
2.2.7.
2.2.7.2.2
2.2.7.3.
2.2.8.
2.2.8.1.
2.2.8.2.2.
Muld-famil~ district-12 district
Uses accessory to pcrmiued uses.
2. ~vine d°cks~ ~ ~ubjec~ I° Kcti0n 2'6'2 I' ~'~l
~ection 2.6.22.
Conditional ~ses. The follow'nS uses ~e pertained u conditional uses
in t~e residenti'd multi.family-12 distric~ (RMT-12). subjec~
stam~ls and procedures esubTishcd in division 2.'/.4.
~;,-:~ -'..~ ..............
Croup eve facilities (category I and II) cate units; and nursin~
?' home~' ' %' ~ ' ' '
o ' ' ' '
subject
section 2.6.26.
[Renumlx't Y~is section as necess3~']
Residential mulit.famll.v-I 6 (RM F-I 6)
Uses o¢cesso~' to p~rmirred uses.
2. private docks~ Ind boathouses sub~t to ~ion 2.6.2 l, ~d
~ion 2.6.22.
Conditional uses. ~e following uses ~ ~ined u co~itio~! ~
in ~e ~sidenti~l mutd'f~ib''~6 di~o (~.t6), subj~ ~o ~e
~d~ ~ pr~edu~s ~blished in division 2.7.4.
Group c~e facili~i~ (~es~ ! ~d II) ~ ~i~; ~ n~ing
~me~' ~ ..... ~ ' '
~a~ ~os. 651 F.S. ~ ch. &!93 F~.C-: ~ subj~ m
~ction 2.6.26.
[Renumber l~is section as necessar:,,']
Residential tourist (RT).
permitted Uses.
Uses accessor7 to permitted uses.
,JUN 0 i 1997
2~.9.
2.2.9.2.2.
2.2.9.3.
2.2.10.
2.2.10.2.2.
2.2.10.3.
2.2.12.
2.2.12.2.
2.6.21.
Omup c~re facilitle~ (cs~egor~ i and II)
~ 2.626.
~~ ~is ~ u
~s ~ces~' to ~in~ ~s.
2. ~vaxe d~ ~ ~ m ~ 2.6~1.
pr~edur~ es~blis~d i~ dh~si~ 2.~.4.
;. Bo~'~ds, ~ ~bje~ m ~ ~li¢~le ~'
Group c~e hcilhi~ (cax~' I ~ Il)
....
~' home~' " 'C ~' 4
~ion 2.6.26.
[Renumber this sccgon as
Mobile home district
Uses mcc~sso~' to pertained us~s.
2. Prix~le docks~ ~%nd boathous~ subject ~o s~ion 2.6.21.
Conditional uses.
Commercial professional district (C-l) mad commercial professional
transitional district (C-I/T).
permitted uses. The following us~. as identified wlxh · numlx~r from th~
Standard Industri~l Classification Mamual (1987). ~ a~ otherwi~
provided for ~in ~s ~-xion. ,~ ~ as of ri~. or as us~
accessory to pem~ned uses in the C-I ~mercial profes~ioml dimict
and the C-1/T
Words ~ Ir~ delclcd, woq'ds ll~
0~/06/9'/
MAY
JUN 04 1997
2.2.12.2.1.
2.2.12.2.2.
2.2.12.3.
2. Dcposimry ins'
words Mvv~'4klwSh are de.ed, words 11~
p~.nitted
Accountinl, auditing and bookkeeping ~ces (1721).
Am~obile ~nl (7~21).
B~n~s ~c~ (~ 7311, ?313, ?~22-7331, ?331, 7361, 7371.
?3'/2, ?3?4-7376, ?379).
~ld ~y c~ ~c~ (S3S1).
~o~ c~ facilities (~l°~ l ~ !1, ~ f~ ~lm ~1~);
c~ ~U ~c~ bt ~I~ s~ltm; ~ ~ing ~~
. ·
6. Ensin~n8, ~t~, ~d ~ns ~c~ ~
Z ~alth S~*ices f801
~dica~ onl}'). (~ 631 !~3~, ~1 i).
&~ Ins~ce c~, ag~u ~
~ Legal ~ces (8111).
~ M~agemen~ ~d ~blic relatiom ~c~ (8mu~ 8741-8743, 8748).
~ Mi~ell~eous ~rso~l s~ces (T291).
~ Museums ~d ~ 8alle6es (8412).
~ Nonde~si~o~' credit im~iIutiom (groups 6141~163).
~ Real ~a~e (~mup 6531~541).
~ ~' oth~ co~e~ial ~ m ~fessio~ ~c~ ~ich is core.hie
in na~e ~th ~e foregoing ~ imluding ~o~ ~t ~cl~i~ely ~'e
~e ~mini~tive as op~sed to the o~tio~! fusions of a busies,
~d ~e purcl)' m~iated ~ acti~6es conduct~ ~ ~ o~ce.
U~ acc~ to ~i~cd ~s.
1. U~s md s~c~es ~t ~e scces~' ~ imid~ to ~e ~s
~in~ m ot6ght in ~e C-!, C-1~ di~
2. C~s ~idcnce, ~bj~ lo ~ion 2.6.16.
comm~iai ~f~sio~itional di~ (C-I, C-1~, ~bj~ m ~e
~& ~ ~ed~s cmblis~a in di~sion 2.7.4.
2.2.13.
2.2.13.2.
Commercial convenience dtJtriff (C-2).
permitted uses. The follo~{n$ use~ aa identified
S~d Ind~ C~fi~i~ ~ (198~,
~ded for ~ ~s ~o~ ~ ~i~
2.2.13.2.1.
Permitted L'~e$.
·
~6. Food s~ores (jroups 541 ! ~c~
L ~ O~line ~'ice ~tio~ (5~1 ~bj~t to Kc,ion 2.6.28.)
~ G~e~! %l~di~ Slor~
~ Gro~ c~e f~iliti~ (~t~oh' i ~ Il, ~c~ bt homelm
sheltm): c~e mi~ exc~ f~ ~mel~s shehm: ~ nmin~
home~L~sisted lix~ne f~iliti~
gunuant to s. 651 F,S. and ch. 4-193 F.A.C. aU subj~ to
Section 2.6.26.
Har~war~ stoic5 (5251).
Health scr%~ice5 (~ {011-{~9, 8082).
,Home F~e. F~shing ~d ~t S~ ~
5713-5719. 57~ !-~736)
· !.4,13. Libraries (8231)
-14,~, Migellmeom Repair Seotic~ C/629, except ~ bualne~
~ ~n ~ 7631)
~ M~ ~ ~d ~ ~1~ (MI2).
05t06~97
~ AGENDA ITEM
j,
2.2.14.
2.2.14.2.
2.2.14.2.1.8
2.2.15.
2.2.1 $.2.
2.2.15.2.1.13.
2.2.15.2.1.14.
2.2.19.
~L7., p~nt, ~lass sad ~Ipaper stote~ (5231)
~ 6211~2S9).
Commercial inte~edtate dist~ {C-3).
S~d Ind~al Ci~s~fica6on M~I 0987), ~
(C-3).
Group c~e fac~lhies (ca~ego~' I ~ II, ~c~ for ho~less
c~ ~hs exc~t for heracles sbel~; ~ ~ng h~~
~~ subject ~o Section 2 6.26.
Gene~! commercial dBt~ct {C~).
~ermine~ ~e~. ~e follo~ng uses, ~ identified ~ a num~ from the
S~dard Indu~al Cl~s~fica~on M~I 0987),
accesso~' ~o ~e~ ~es in ~he g~e~l co~ial di~ (C~).
Group care facilMes (ca~ego~' 1 ~ Ii, ~cept for homel~s sheh~):
c~e units except for homeless shel~en; ~ n~ng home~Lass~ed
~ subj~ to Section 2.6.26.
~d
Cemmuni~ facili~' dbt~ct {C~
Sec. 2.2.20.
Plsnned Unit D~'elopme.! district O'UD)-
Minimum area required. The minimum ~ r~quired for e PUD shall be
ten contiguous meres except ~ otherwise t~rovided for ~thin"
zonin~ or overlay district or_when loomed within ~n mctivit)' center
~ithin the ua, ban fringe are~ ~ desii;hated on thc future limd use map of
the ~rowth rn~naicment plan wber~ no minimum serrate requiremen~
must be met, For infill parcels, ~ defined in srticle 6 ~d the ~rowth
mmnmlem~nt plan, the minimum mcresge for · PUD shall be r~'o
contiguou$ scr~. For the plalxr~ of the planned unit do-elopment
only, the term conti~x)us shall include prolmqies separated be either mn
inter,'enlng planned or developed public ~ right-of-way; provided,
however, no portion of such properties shall be less than five meres.
fornmereiat characteristics of the Island~
W · ~ 'v .
¥ ° ¥
~A ' ;%" ~' % '%' '
V
~
d~i~nmtion MIZO follox~in~ the zonine d~ienatiom
v,'ord~ ~ ar~ d~k.~d, w~
05~06.'97
- AGENDA ITEM-
.o.
JUN
Pl. ~
LANOS II~lJEC? 'to i, ilovlsIolls I1~ IAAIICi ISLAII8 2011t115 I'YSIILAY
.Msp I
(!
£AST£RN
MATZO I$I. AND
LANOS SUBJECT TG
51~p 2
4!
i_n Secdon 2.?,3. ot'this Cod~
_~;ed to such as se~ forth in this codc.
Marco Islan~ Ma~ter Pla~
~a~ PI~
.2. 6... v t · ~s found xvjthin S~tion 2.2.4,4~
'm ~ ~ ~'
~lin~ml~m varCl rca~.'tment~-
Front Yard Twohy-five feel
I. Lots ~'ith one.hundred feel or more of street frontace - $ feeL.
2. ~o~er lots x~i'~ fromaee ofone-hund~d feet or more on one
public str~l - 8 feel
~ Lots wilh less than one.hundred feet of streex fron:ace - 7~
~eeL
2_. Matimum
i.}..princtt~al Stntctures. ~ f~t. ~ meM~d ~m
~inimum reauired fl~ elevation, or. where no minimu.,
[EMA elevation has ~cn established, fiom the reaui~d
fi~ished fl~r elevadom
~$ecessom Structures. 20 feet. ~ mea~u~d ~m
~nached screen encloses which may eaual the maxim'am
b¢ieht ~iued for the ufinci~al st~ctur~
~ ~finImum Floor ~rea: Fi~n hundred {I 500~ ~uare f~t of
~ AGENDA ffEM
wo~s ~ a~ ~leed, ~ s ~~~ma~ and illu~
ju "r 'mz
!. ,gftnlmf~ ~rd reo~fr~ment~
a~ H~terfo~t Y~: Two,tv feet (20'1 st a minimu~
- family ~sidences shall not ~c~d the densi~' ~ fo~h for Medi~
~nd ~igh D~si~ Roid~tial Distfios. ~ ~e c~e may
fo~h in the Future L~d Use Et~ment of the Marco Island Masgt
~,2.26,6.2.3, D~ien Standa~s and Guidetin~: IRese~'ed.!
family st~c~res, Hotels. motels, timeshare ~d f~ilv<~ faciliti~
~i~ed. Non-residential uses ~i~ed in this district are limite~
~se that are compatible ~jth an~'~ suer ~ c~ra~ of the are~
~ese ugs include: ~. o~,~ ~ce ~d ~atio~l u~. chmcheg
~h~Is. lib~. cemet~es and essential ~'ices ~ defined in Sectio,
~ 6,9.. Es.~enttal ~fn'jctJ of this C~
~ Pe~ttted. Conditional and Acc~son' Us~. As ~x~ded for
Section 2.2.8- Residentiz? tou~st digficL of this C~e. Parks
s~ace shall ~ ~i~ed ~s. R~fe~iional uses ~ich a~
tonditional uses as set for,~ in Section 26.9.. Essential sen'ices.
~jihin a ?UD zonin~ di~
2.2.26,6,3.3. D~tgn Standa~s tad Guldelin~: IR~e~h
.
~n~o Island Master Plato
JUN 0 4 16 7
]~tco Island Master PI~-'~ shall
the follow, ina c)rocedurc~
~ development s'm~ards shall ~ do'elo~d for each of ~h~
~ommercial district~ ~d'or su~distficts identified h~in. Until
luch design and de, do,mcat s~dirds ha~e ~.~ d~lo~ I~
incomoraled into lh~ ox'erla~ d~umcnt, no mixed u~
~all ~ ~i~ed fo: ~oiccls eoual to or ~at~r than one ac~ ia
~ize. exceol ~here * ?L~D iezone is aroused. All of lhe erovisiom
~ Sec. 2.2.20.. P/ar~*d ~mir dfvfloDmenr ~s~ricl of Ibis C~: shatl
~el~ lo a mixed u~t PUD. exc~t tha~ the minimum size shall ~
phc acre:
~. Projects less than oce ack in size, S~ci~¢ deslan end
~dards shall ~ ~t~elo~d for each of thc commercial distficB
Ind'or subdistficls identlfied herein. Until such desien and
de~'elo~menl stand:~s have ~en de~.elo~d and inco~ed inlu
t~is o~'erla~ documer.: no mixed use deYelooment shall ~
for oroiects under cna acre in size. excem ~Sth ao~fo~al of
~onditional use as t:o~'ided for in Section 2.7.4. of this c~e. ~
conditional use aoe:[rafion shall include ~h¢ submi~al of a S~
~o~loomenl or S~:e Imorovem¢nl PI~ which addresses
o~o~'isions set for.h in ~clion 2.6.26.9~2. ~dd#ions. Sit.
[m~rorements and R~dev, loDm~nL
" ' ~' ' '
Marco Island Masler PI~ shall adhe~ lo ~e follo~ne
~ Multi-f~il¥ ~sid¢nfial develoomem on omlects ~ml to or
~m one acre in size - s~cific desien ~d de~loomenl
s~all ~ develo~d fm each of ~he comm~ial di~cts ~or su[
~i~cts identified ~tein. Until such d~ien ~d de~lo~mcnl
~nda~s ha~'e ~ dewlo~ ~d inco~ed into this
1997
· · . Thc G~r~ose or'
,,.2..'/·.' ' ' '.. ,·
'%. %' · ·
:
d~,.¢lovmen~ stanclercls ?-,,'e b~ de~mloc~L
·
Words '~veb4bmvtb It~ deleted, wc)~ds IL~
~- AG[Nr-~J IT.[M .
.t~"o ~ ~7
VALID pEDE,A*'rRIAN TOUlllS'r SuB~l~rl~lsCT(l'Ot'rll i'4C~rlO~)
COLLIER BOULE Of ?NE COMMUNITY COIIIIEICILA~
)bp)
M~p 4
Words ~ ~ deleted, wot'~s undedifled
0~06~
dUN 0 4 lgg7
L _AG£N~AJTEM ~,~
~es~fi~ To~ Su~Di~cL
~ ~ee ~b~table ~o~
· ~.. ~ ..
. ~ '
.
~ to thi~ ~ent
the ~sions of ~tio~s 2.3.4.11.9. ~d 2~
. .~ ~. ~'. ' ~ ·
~u~-Di~ ~ dcda¢ci o~ Mzo, 5 ~lov~
E)
IANPl4t. O SUIDISTRICT
COMMUNITY COIdldlllClA~. DtSTNICT
l~tJp S
HD.
~ds ~11 mq)s ~
Wof~s .w~k.d~h ~J~ 6e~L~
wOrdS ~ '~~dq~d. AlTM
JU~ 0
~,. /,Y9
~TRICT
M~p 6
2.2.26,'/.1.2.3.2,
Develoomen! Stsndirds~
~ommercla! [J'$tL ~'he devclooment standaTds for Ibc
~. 750 ~ fe~
~sid~al oF co~ial, no~ ~o exceed fo~ ~c~ ~40'~
~[~ ~i:1 u~s. ~ ~aui~d in division
23. of ~is c~e. ~e exi~ino ~t~o L~e
~i~ss Di~ ~c,~ides for ~duced o~in~
~d ~e ~ of ~e M~o L~e ~ve Busine~
Di~ to i~1~e t~itional eublJc on-iiie~
~e ~ ~ide e~ Front S~ ~ ~ ~ side
~i~ m~imi~i~ or ax~lable on-site ~i~
~ of the di~H~ ~ ~e im~ lo ~
CINT4R ' TAICT
Mip '~
,2.4,?..
Words
Words
, gXU~D~ ~'~ ~ld~L Alt maps
JUN&l,~1997
VILU~Ie COIdldlRCl&~ oISTRICT
~2.26.?.13.2,
Dn,¢loomen! Standzrd~
4
)ISTRICT
Map 9
&
words ~v4&.4h4,ee~ zr~ dcl~ed, wc
~_ermitted. Conditions! tnd AccessOTY
~dcrlvin~ zoninn d~str~c~ ~c~ ~ ~ollo~
~ ~e ~11 ~e
JUN ~97
o~f thc ~a~c of a,~o~ion of tl~is ovedtv districL
2. H~td Use and Rtsldentla~ulti-f~ilv ~d~ti~ ~ mlx~
~ms - 750 ~us~
~ ~a~lm~,rn Density: 12 tmi~s ocr acr~
_for Commercial Buildln~s
e)
fo__llowi~e ~ve ~cn adcaua~clY sddr~d~
~he c/ca;ion of the follo~n~
JUNTA, 1997
~el.de rill of~ follo~4n~
bet~e~ adjacent t~a~ccLs;
2_.2.26.9, 1~'eservedl
2 2 26 10 Sltms. .
~bie~ to ~
~.2.26.10.2. ~.e~o~ment St~dard~ns ~ ~i~bin the m~ . .
~2.26.10.2.1.1. I~~um~natF°~ ' ~ '
wo~ ~s~ an ~l~ned. words
I~ustratloa !
AGENDA ITEM ' 'l
JUi~'~ 1997
n. /~'~'"
IlluSWatio" 2
~ooenv on mx~hich "model home sim is et~e~
Words ~q~le4he4n~h are deleted, wos'd ~,--. __
around tl~e base of the sitn.
th_~e edge of oavement of any
IIlustratkm ~
Illustration 4
ltlustratioa S
r · · · - _Am~xlmum of four
home er hon~xx~er. %1o Tresomssinl" silnr~~
_and oth~ simil~ ~ of info.rational si~s.
~ m~xim~ ~i~t of ~id ~!1 or f~
dUN 0 4'qc~?
Al~timltrn H~lehr;_~ec feet as measured from average ~nishe.~
around el ~'atio~
JU"~'4 1997
Words $m~,4he$~'~ are deleted, words
Wor~ls ~ m'e 8elee~L word
1
IllustrlttOfl ?
2.2.26.10.2.2.3
2.2.26.10.2.2.3.1,
On. Premises Permanent $i~n$:~ ~On._oremises Krmanent siena are
{l~couraeed to ~ desiened · ~onst~ted and I~aled in $~h a fashion
~ as lo ~ integrated ~th. I~d not ~et~ct fi-o,,~, the exiatin~
development ~a~em in the neieh~rho~
Un~fled Sien Plan: An application for ~ite development or site
im~ovemenl plan as orovided for in section 3,3 of this c~c. fo~
{premed/al or mixed use oroiccts, shall ~ accompanied by unifi¢~
Senate ~lan as ~auircd bv division 2,8, of this c~
~ I[~a~l. Mansard, Canom' or ~unine Si~$: ~
~an~rd. canopy or a~in~ sien is ~i~ed for ~h
~cuoancv parcel, or for each establishment in a muhiole
~cuoanc~* oarcel, Comer buildines o: co~r units ~nithin
build/ne may hax¢ one sien on each frontaee xvall of the unit
buildin~ not to exc~d ~'o
~ ~9 ~all. man~M, ca~y or ax~ine sien shall exceed 8~/e
9f the xx~dlh of the unitfs~ ~cuoied by a business with]
minimum of l~/~ cl~r area on each outer ¢dee of the unit{aL
~ ~11 si~ns for a multi-lcnant build/ne shall ~ I~ated at
~ifo~ heieht on the buildin~ facade, for thc too and ~om
9f the sien. ¢xccot that anchor tenants may va~* from this
reouircment of unifo~ size and hei~L
~, Wall. m~M. canoov or a~in~ signs may not exceed
of the total ~ua~ f~ta~e of the visual facade of
~uildin~. in the cMe of sinale-u~ build/nas: or the unit. in
the case of multi-u~ buildines, to ~ich the sien
i~ached. A ~all s/an shall not exc~d 150 ~ua~ f~t in any
Proiectine siena. Proi~tine siena may ~ substituted for xnall or
mansard siena om~d~;
Words ~ arc deleted,'
0~)~97
,JUN
2. ['l~iecfine gens shall not exceed 20 sauar~ feet of disotaY
,1.,_ p~tine starts s~ll not ~end a~ve the ~fline of thc
buiidina to ~hich i~ is at~ched: ~d
~ ~roi~fine siens ~ich may oroie~ over any ~dest~ ~
Ihall ~ el~at~ to a minimum height of eieht f81 feet a~
Gro,nd Slen$:
I. ~'l'hc hci;ht of any ~'ound sien shall not exceed twice thc
sbidth, and the width shall not exceed Iwice the heiehL
Ground siens shall not ~ceed eieht feet ¢8'1 as measured
from the finished ~rade of the lot on which the sl;n is located
to the too of the den face. Architectm'al treatments consislenl
~jth buildin; architecture on site. such as arches, columns.
cuoolas, and other such treatments shall be Krmined to a
hei;ht of twelve ¢121 feel
dl
Pole $iens:
1. Pole si;ns shall orovide a ~ole cover, thc width of which
shall be a minimum of ~'enP,' ¢201 ~ercem of the si~n
structure and extendin~ from the bottom of the sien s~ructur~
to the ;round. comnletelv coverimz the suooortin;
A minimum two foot ocTimtner olantine area shall orovided
around the base of any oole sien. consistent with
provisions of division 2.5. of Ibis code. The lwo fool
~rimeter shall b~ measured from the overall ~ idth of si;n;
Pole signs shall not exceed fifteen fee~ fl5'1 in hei;hl as
measured from the finished erade of the lot on which the sien
is located.
e~
.t)jt'fctorv $iens:
I. if'he maximum size of any sinele director,,' si~n shall not
e.,'cecd one hundred sauare feet.
Coo.,' shall include the shonnine center or buildinl name and
street number and may include the name(s') of 2 or more
~rsons or busin~_~ associated with. or events conducted
utxm. or oroducts or s~viccs offered ut>on the oremises uoon
x~iich the sien is located.
i. In addition to any other sism oermined by this code. one
under-canoov Sien is reauired for each business in a multi-
]~o buildine oermk ia required to erect an under-canoov si~n
{pnless there ia an elec~csl comoonentl:
:~.,_~Unttct-canoov sitns shall adhere to the common si~nat~
lbeme for the orooertv:
Under<anoov siena shall be installecl a minimum of eieh~
feel
7.2.26.10.2.2.3.3.
General Develooment Standards:
Construction materials:
~_ens and any ~a~,~ning structure shall be constructed of
CBS. wood Cw4th raised or engraved le~erx~, stone, me~aL
~1' durable ot~aaue olasfic, plywood is not oermisslble a,,
a~finished sien face material
llhtmination clesi~rn and method~u_
.D. ~;ign li~hdn~ shall be d~siened in such a fashion so as not to
gaus¢ confusion with traffic control devices, and not to shin~
directly onto adioi~in~ oroo~rti~s or oublic right-of-ways.
21 _Si~ns shall be illuminated in the follo,a~ manners: external
fixtures for li~htin~ shall be desi~necl and oosifioned so thai
~o light soills over the td~ts of the si~ face: internal o~
]~ack-lit siens shall be deaiened ~ith an ooaaue si~zn face,
_allo~in~ only the si,n co~v to be illumlnatcd,
0... ~[inim,nl frontaee reo,irernent$:
1. Single or multiole t~nl ~ildin~s I~ated on a ~el ~vi~
]~s t~ 125 li~ f~ of street fmnlaee are ~iu~
~pgle ~ou~ si~ ~ ~el. a maximum of 20 ~ f~
Coov is iimit~ Io buildin~ ~fe~nce name and str~
pum~.
~ Sinele or muldole ~en~t buildines l~a~ed on a oa~el
]25 Ii,at fee~ or ~ax~ of s~t fmntaee a~
sinele ~und ot ~le si~ ~ ~el. a mzxim~ of
~ f~ of si~ f~e ~. Coov s~ll i~l~e ~ildina
~hoooine cen~ ~d ot~ multi-l~t ~ildines
250 line~ f~z or ~at~ of ~t fronmee on a sinele ~
9~ 3~ combated li~ fe~ of ~ fmn~ee for lots
[~oata~e on ~o~ t~ ~ ~blic ~ ~ ~iu~ a sintle
~i~1. ~ c~bir~ d~ ~i~ for a di~ si~
~ ~aa-~ f~ ~ t~ di~o~ d~ are ~i~.
~imum co~bi~d si~ shll not ~ !~ ~ fro.
~, ~ a site d~loo~cnt or site imm~mt o1~ has
· lo ~ minim~
Words ;::',;:~ :~::.;:;~ are deleted,
05/O6/97
[hall b~ de,ermined based on the aaarc~atc frontage of all
~confi~uous oareels which are ~ of I~c si~c i~-ovcmcm ~
ai~e d~cloomcnl
. .2 . . . dl i ~ermi[ ~a.~s: Rcaucs~s for buildin~ ~its for
'V' ' V' ' V ' ' · .
~ovisJons for r~rofi.in~ any existing ~ancnt on-~m~ s~en~
~.~.26.10.2.2.4 ~nconformin~ Signs.
~2.26.10.2.2.4.1, ~eal estate st~. model home iie~ and co~tructton ~ie~ Real eslag
signs shall confo~ to ~he omvisions of this overlay by ~cem~ 3L
of adoption of this overlav~
2 1 4 . II h r ' n .' ' ' ~ ' ~ ~ ~'
U' ' ' V
gredeces~r ordinance. ~ich do nol confo~ Io Ibc orovisions ~
~c~ion 2.2.2610 shall ~ consid~ed legal nonconfo~ine signs and
shall ~ treated as follows:
1. ~lJ signs made of vast. cloth, or other nondurable mate6ats shall ~
removed ~'i~hin ~hi~v days of ~he ~ate of adootion of this or,lay.
Ali l~eal nonconfo~ine on-~remi~ ~anent signs shall ~ made ~o
ggnfo~ to the ~rovisions of this C~e in coniunction with the issuanc,
~ a building ~t for st~ctu~l alte~ions to an existing sign,
regardless of the extent oryaJue of such st~c~u~l alte~tion, exert
al~ leeal non-confo~ine on-otew, i~s ~anem signs shall ~ r~oved
9~ made ~o comolv with the ~ovisions of this overlay ~thin fixe
9fthe date of adovtiop of this overlay,
All other nonconfo~in~ signs shall adhe~ 1o the ~rovisions o[aectio~
2,~,9. of this
2.2.2 . .2.. r hi it i n · r · '~ ' ' ~ i 1' .7 '
which do not confo~ ~o the orovisions set fo~h herein ~hall ~
~0nsidered orohibited signs,
R.2.26.~1, ~trj~ted Paring of Recreation Vehicles. ~e ~u~se of theg
tggula~ions is xo maintain the so,stance ~d aualitv of residential
~ei~h~rh~s lo ~duce congestion, orevent overcrowding and
~l~kine of ~¢~a. ~o maintain the free flow of air cuneats, and
main~in lhe oro~nv value~ and am tnities of the neieh~rh~
2.2~26.11.1 3~olicabili~=~e rest6ctions ~t forth in ~his gction ~ intended to
- - ~polv to all areas designated ~sidential on the Future Land Use Element
9f the M=co Island Master Plan. ~cludine any a~ in thc Ma~o
Shores PUDGY. including thc Kev Marco ~velooment (A~ Hon's
lsl=dL Ca~ Ma~o PUD. ~d Hidca~v Beach PUD. ~e ~6ction~
a0olv in all residential zon~na die, cts. includina ~he RT dis~6ct, as wcU
= any ~sidcntial comanche of a PUD. cxceot tho~ PU~ cxclud~
Wo~ds ~ ate ~1
AGENDA ITEM
'te~L ,~.~~ded. All
,JUN 0 4
and i
~rLed on _~em;se~ zoned for rcsidentlal uun)oses nor on oublic rights,
-ot'-~3v of said di~-u~¢,s exce-~ when said muioment is uadced
_~thln tl~ confines of a oar·ac, camort, or fully enclosed struclure such
~ it ca~not be see~ fi~ my abut~ine ~rooe~tv or oublic ~3v. Such
y~hicles may be o,srked an./~,vherc OlLrl~sidentJal lots for a
excec~ 24 hours to allow for Ioadin~ and unloading.
a. £xceodons may be ar'anted ~' the sile develoomem review
t)~jrector wh~re thc "~llo~nn conditions ere satisfied:
i. Such ~ccfeational caui~'nent may be ~arked u~on thc
~e~,is~ oldie resident for a ~criocl not exceedint
~avs for Ihc oumosc of lo·dina, un]oadin=.
end/or ¢lcenlmz orior to or after a trio. The ~ermit for
luch ~eriod sh~l] be ,,ffixed to the v~hicle in ·
~.gns~icuous olace. No more then two consec~J%'e
~-i~sits can be issued. A maximum of tour z~crmits shall
be eranted in any single calendar year.
ii. Honrcsidem: Such recrealional equiomem j/~cludin= but
~no~ limited to. trailers, buses or motor homes, wben used
~or trans~or~tion of visitors to visit friends or members
_of [he visitor's family mmv be garkcd u~on the nremises
l'0r a ~od not excccdin~ ten days. Ho sleeoine or livJn~
activities may t~ke alice within the vehicle while oarked.
No more than two ¢onsccmive ~crmits shall be issued.
The maximum numl>cr of acrrni~s allowed for any sinel¢
~alcndar ye= shall be four.
2.2.26.1 !.~, Boats and bocg trailers. No bo·t or boat ~railer shall be oarked or stored
~n memises zoned for residential uses or on oublic riah~s-of-~x~v of
residentially zoned districts, cxc ~cTx x~hen z~rked or stored entirely
xx~jthin the confines of · ~araae. car~or~ or fully enclosed struclure aha
shielded such that the boat or boat trailer cannot be seen from
~bur~in~ oroc~,~rT~, ' or ~ubli¢ ~v. exceo~ ~'nere the folloxcJn~ conditions
OCCUr:
a. ^ boat trailer may bc oa~ed on ~hc owner's orcmises in thc oocn.
or on a tcmoorarv basis no! [o exceed cieht hours for the ouroosc
of' Ioacline endJor clcanin~ and unloadine orior to or ·flor an
b. Boats may be stored on orcrnises zoned for rc~klentiai usc only
in one oftbe f'oliowln~ methods:
i, Boats may be stored in ~hc confines of a earaee or fully
encloscd ooaouc structure:
BoIKs m~v be berthed m ~noroved docks. ~icrs or by usc
of moorin~ whi~s, s'mxloffs or by a similar
structure/device on navianble ~-nterwr~can~ls:
-i~'~--* amy be stored on day, ts. lil~.s, clcvztors or similm'
devices ~izcem to nevi~lblc w~crw~vs/cm~ls:
JUn. Oq. 1997 MAY
~2.2.26.1 L4,
2.2.26.12.
2.2.26.12.1.
navleablt ~-aterwnvs/canals,
~stfict. unless olhe~sc ~ittcd by Ihis c~
General excev~ion~e omvisions of this ~ction shall not lpolv ~o
~. ' %.. · ·
' 'V'' ' t
t ' C ' ' '
vehicles canno~ ~ u~d for residential ~cu~anc~
. . ~~crl~ ~~
~all avvh~
M~ed-u~e. Within the M~co Isled Zoning ~'erlay the te~ "mixed-
use" me~s ~th co~ercial and residential multi-famUy uses. ~-hether
l~ated ~hin the ~e building or I~ated in sepa~te buildings ~i~hin
a single project.
ection 2. .2'/ n ' - nv ' t ' t' 'n n it' o
· · . 'et' t 'n a
e
~ZLd_C~/L~.Ij2g..~R29COD" on the aonlicmble e~inl Collier
Count' Zonin~ Atlas maos,
~. T.ir~ f~' · · ' ' V*
- · ' ~ V' ' . . '
apo~oo~a~e I~d~aoine and buffe6ne com~iblc ~th n~a~v
7~ ' fiA" I ' v 'a '~'
.. . .~ ~ · .
Words ~,uek-d~e~$~ are deleted,
AGENDA ITEM
~J~m~,~r.d..AII maps d il
JUN
Pg. /7//
~ ..AGEND~TEM A
t
¢O~MER¢IAL. OV~.R~A~ 01STRICT
~ %1% ! ¥ Y I $R~9 D
~. rn nr ri~eri .' ~
c ' · · 44
~ and should no~ nccess ~o SI~-~_~,
· '~7. v, . · v '
9.~7 .. w ' ' ' v
~coum.cd.
. 97
. ~ v ~ i ' ..
~ · ' w' ' ~ w' d'~ ·
.9.97. , . '
.~7... ' v' Tv~ A l~ndsc~ buyer
· · · w v · ~' ~..w v~" '
' w · n' · ' v . 'nc '
~7' u'~ ~v- v ~x udi
~n fl0~ feet for under buildio~ o~rki~
. .97f.9 w w ''' v ' ' x' 1 t
. .2.2 · e v .
luther i~entifled by the d~ten~fi~JACOD~
o~ci~! Collier CounB' Zonln~ Atl~ m~
r t '
~ . · · ''' '
i · . v
~L ' '
Words ~ am del~ed,
JEFFERSON AVENUE
COkL',,IERCIAL OVERLAY DISTRICT
O'V'ERI,,A¥ DI~'~I~CT
2.2.28.3.
~2.28.3.1
Words ~ are de.ed, ~
ovo~7
~IEFFERSON AVENUE CO.%I.%IERCIAL OVERLAY DISTRICT {JACODI
D~velovment Criteria: The followint standards shall anolv to all uses in
Access noints for furore commercial development shall be limited Io a
~a.xlmum of one (Il ocr 150 feet of frontmze.
Ownen of lots or combination of lots havina less than t~e 150 foot of
reauired frontane may nctition the board ofzonine aoncals for a variance
from the standzrd in this dist~c~ ts will not be contrary to the oublic
interest when owine to snccial conditions ncculiar to the moaertv, a
|Jlcral enforcement of these standards would result in unnecessary ann
Hndue h, ,
~',. /7___ .
develom'nents shall be encouraeed.
_minimum of tiffs' ¢501 feet.
· . . . ¥ ' ' ~: Vo ¥
feet excludin~ ten {101 feet for under buildine harking..
gf_oroiects.
Division 2.4., Landscaping and Buffering, of Ordinance 91-102. as amended, the
Collier Count)' Land Development Code. is hereby amended to read as follows:
Sec. 2.4.1.
Sec. 2.4.2.
DIV1SION 2.4 LANDSCAPING AND BUFFERING
Title and citation.
This division shall be known and ma}' be cited as the "Collier Count}'
Landscaping Code."
Purpose and intent.
The purpose and intent of the landscape code is
a) promote the health, safety, and ~'elfare of residents of Collier
Count.' b)' establishing minimum uniform standards for the
installation and maintenance of landscaping;
b) improve the aesthetic appearance of commercial, industrial, and
residential developments through the requirement of minimum
landscaping in ways that harmonize the natural and built
envirortment;
c) promote preservation and planting of native plants and plant
commtmities;
d) provide physical and psychological benefits to persons through
landscaping by reducing noise and glare;
e) screen and buffer the harsher visual aspects of urban
development;
improve environmental quality by reducing and reversing air,
noise, heat, and chemical pollution through lhe preservation of
canopy trees and the creation of shade and microclimate;
g) reduce heat gain in ot on buildings or paved areas llu, ough the
filtering capacity of trees and vegetation; and
h) promote water conservation by encouraging the use of native mad
drought.tolerant vegetation and properly zoned irrigation system
through xeriscapo.
Sec. 2.4.3. Procedures.
Words ~ a~ delet~, words
AGENDA ITEM
No.
1997
2.4.3.1.
2.4.3.2.
2.4.3.3. Exist
shall
Words ~ are del~e
Landscape plan required Prior to the issuance of any preliminao/
subdivision plat. final site dcvelopmenl plan. or building permit, an
applicant ~'hose development is covered tO' the r~quirements of this
section shall submit a landscape plan to the planning services director.
The landscape pl~ shall be pttpared to' and bear the seal of a landscape
architect registered in the State of Florida,, The landscaping required for
single-family, two-famil)', and mobile home dwelling units shall be
shown on the building pcrmil plot plan. This plan is not required to be
prepared to' and bear the seal of a landscape atchilect.
Thc landscape plan shall be drawn to a suitable scale, include
dimensions, noah arrow, date, liflc, project owner's name, delineate the
existing and proposed parking, vehicular use areas, buildings, access
points, and roadways, show all utility lines or easements, and show the
location of existing and proposed planting areas and vegetation
communities and designate them by species name. The code.required
landscaping shall be highlighted or indicated on thc plan to difl'ercmiate
from thc applicants provided landscaping that is in addition to that
required b}' this code. Design creativity is encouraged so long as it
meets the intent of this code. Thc plan shall show the location of
permanent ',el!elation prolecdon devices, such as barricades, curbing.
and tree ~clls. The plan shall also include a chart indicating graphic
plant symhol, hotanical and common name, quanxity, height, spread.
spacing, nadve status, drought tolerance rating (as defined by "Xeriscape
Plan Guide il~ published to' South Florida Water Management District,
West Palm Beach, FL) and t)Tc of mulch. The plan shall show tree and
palm staking details per accepted indus'tO' practices and standards. In
addition, a tabulation of the code-requited landscaping indicating thc
calculations necessary Io insure compliance with this code shall also
appear. A certificate of occupancy shall not be issued until approval of
landscaping plan and ks installation of plants and materials consistent
~¥ith that approved plan has been completed and inspected by the
Count}'.
Irrigation plan req,ired Prior to thc issuance of an}' subdivision plat
or final site development plan. an applicant whose dcxelopment is
subject to the requirements of this section shall submit a separate
irrigation plan to the planning set,'ices director. The plan shall be
prepared by persons qualified to prepare irrigation plans, such as an
irrigation designer or landscape architect.
The irrigation plan sba1! be drawn at thc same scale as the landscape
plan to: sho~' existing vegetation to remain; delineate existing and
proposed buildings and other site improvements, parking spaces, aisles,
and d6veways; indicate main, valve, and pump locations, pipe sizes and
specifications; show controller locations and specifications; show
backflow preventer and ~ rain-sensing devices and include a typical
sprinkler zone plan indicating type, specifications and spacing, and
coverage. If drip irrigation or soaker hoses are proposed, their layout
shall be shown.
Irrigation systems shall be designed to avoid impacts vdth existing
vegetation. Field changes ma)' he made to avoid disturbance of such
vegetation, such as line touting, sprinkler hc,d placement, and spray
direction adjustments.
ne ola~t communities. Existing plant communities and ecosystemJ
2.4.3.4.
2.4.3.$.
Wo~ds ~ are deleted.
irrigated. Native plant areas that are supplements to an existing plant
community or newly installed by the applicant shall be irrigated on a
temporary basis only during the period of establishment from a
tcmpor~: irrigation system, water truck, or by hand watering with a
hose.
Cullivated landscapes. Cultivated I~-~dscape areas shall be pros~ded
with tn automatic irrigation syslern to improve the surs~vabiliH' of the
required landscaping. Sprinkler hegls irrigating iav, xss or other high
v, zter demand areas shall be zoned sel:r~ratelY from those irrigating uees.
shrubbery, ground cover, flowers, or other reduced water requirement
areas. Automatically controlled irrigation systems shall be opensted
tn irrigation controller that is capable of watering 'high
requirement areas at different frequencies and duration than 'low water'
requirement areas. Landscaping shall be w~tered on an as. needed basis
only.
Irrigation s) stems shall be designed for the zoning of high and lox,,' water
use areas. Heads shall be designed for 100 percent head-to-head
coverage unless specified by the manufacturer. These requirements may
be adjusted for retention area.. The irrigation system shall be designed
~nd installed in accordance with the Florid~ Irrigation SocieH'. Standards
and Specifications for Turf and L~glscape Irrigation S.vstems (as
amended). Irrigation systems utilizing well water shall be designed and
maintained in a manner which eliminates staining of the building, walks,
walls, and other site improvements. All systems shall be designed to
eliminate the application of s~ter to impervious areas. Irrigation
systems, other than dr~p or soaker hose systems, shall be operated
betv,'een the hours of midnight and 10:00 a.m., unless the operation of
multiple zones requires additional time. South Florida Water
Management District (SFWMD) or other utility company '.'.ater use
restrictions shall supersede these requirements. There are no operational
requirements for irrigation systems utilizing effluent.
All new residential, commercial, and industrial developments shall be
irrigated b)' the use of an automatic irrigation system with controller set
to apply water in a manner consistent ,~th this division. Moisture
detection devices shall be installed in all automatic sprinkler systems to
override the sprinkler activation mechanism during periods of increased
rainfall. Where existing irrigation systems are modified requiring the
acquisition of a permit, automatic activation systems and overriding
moisture detection devices shall be installed in compliance with this
division.
lrtstallation. Prior to the issuance of any certificate of occupancy for a
use required to provide landscaping and irrigation in accordance
this section, all required landscaping and irrigation shall be installed and
in place as set out in the plans approved under subsections 2.4.3.1 and
2.4.3.2. All plant materials must be installed in accordance with
accepted landscape practices in the area and meet the plant material
standards contained in Section 2.4.4. Plant materials shall be installed in
soil conditions that are corglucive to ~he proper grov,'th of the plant
material. Limerock located within planting areas shall be removed and
replaced with native or growing qu~liv/soil before planting. A plant's
growth habit shall be considered in advance of conflicts ~ich might
arise i.e. views, signage, overhead power lines, lighting, circulation,
etc.). Trees shall not be placed whert they interfere with site drainage,~
2.4.3.6.
2.4.3."/.
Words '~ are dcleted, wm
O5/O6/97
frequent pruning in order to avoid inlerferences with overhead power
lines. Trees shall not be planted in areis that retain excessive quantities
of v,-atcr or ,,~'ili require excessive amounts of fill placed over the root
svstcm that v, ill affect the health of the tree species. Required
i~ndscal~ing shall not be placed v, ithin eas~mcnts without written
appro~'al from all entities claiming an interest under said easement.
All required landscaping shall be inslallcd in accordance with plans
approYed under s~ction[s] 2.4.33 and 2.4.3.2. Landscaping within a
subdi¥ision development shall be guaranteed by a subdivision
completion bond in accordance ,n~th division 3.2 governing the fir~l
planing of subdivision.
All required landscaping shall be m~intained in a healthy condition in
perpemi~' as per the approved building and site plans. Code
Enforcement may investigate deficiencies in approved landscaping and
institute corrective action to insure compliance with this code.
In instances ~'here an act of God or conditions outside the control of the
applicant have prevcmed immediate installation, thc planning sera'ices
director, if furnished ~t,h a stat.-mcnt ~hich includes good and
sufficient e~'idcnce that states that the required plantings v411 be installed
~hcn conditions Permit, may issue a temporar)' certificate of occupancy.
It' thc required plantints arc not installed ~'hen conditions Permit, then
the count.' ma}' re¥oke thc certificate of occupancy.
?r,ni,g. Vegciation required by this code shall only be pruned
promote health)', uniform, natural growth of the ,,.cge~ation except xvhcre
necessar}.' to promote bealth, safely, and welfare and shall be in
accordance ~Hth "Pe,,~S S~ndarde ~ ~
the National Arborist Association. Tr~'s shall not be s~etel.~' pruned in
order to Permanently main~aln ~rowt, h at a reduced bei~ht or spread.
Sexerely pruned trc~s shall be replaced by or. riot. A plot's
habit shall be considered in adYance of conflicts x~hich mii~ht ~i~c (i.e.
vie~'s, si!na!e, o~'erhead power lines, lighting, circulation, sidc~'alks,
buildings, and similar conflicts).
Maime,a,ce. The owner shall be responsible for the continued
maintenance and upkeep of all required landscaping so as to present a
health)' plant in a condition representative of the species. Tree and Palm
stakint~ shall b~ removed betv,'e~'n 6 and 12 months afict ins=llation. Ail
landscapes shall be kept free of r~fusc, debris, disease. Ix's~s, and weeds
and shall be fertilized and irrigated to maintain plan~s in a healthy
condition. Special maintenance requirements nc~css~9' to prcscr','e the
landscape architect's design intent shall be noted on tbe planting plan.
Ongoing maintenance to prohibit thc establishment of prohibited exotic
species is required. Any plant materials of ,~t~soc~'cr ~'pe or kind
required by these r~gulations shall be r~placed within 30 days of
demise and.'or rcmoYal. Code F. nforcemcnt viii inspect stoas affected
b)' this code and issue clarions for violations. Ift~ required corrt-cti~'e
action is not t~ken ,~ithin ~he time sllo~¥ed, ~ count/ma)' usc any
available means of enforcement to secure compliance. Tbesc shall
include, but not be limited to thc following:
l. Prosecution befor~ the Collier County Code Enforccmem Bo~'d;
JUN 1997
2. Prosecution by the State Attorney's Office as provided b)' Florida
Statutes;
3. Withholding of an)' permit, construction plan approval.
certificate of occupancy, or inspection by the count)':
4. Placing a lien on the property, to include all administrative, legal,
material and installation costs.
Sec. 2.4.4. Plant material standards and installation standards.
2.4.4.1. Q,alh'y. Plant materials used to meet the requirements of this section
shall meet the standards for Florida No. i or better, as s~ out in Grades
and Standards for Nurser7 Plants, part I and part !i, Deparuncm of
Agricultural, State of Florida (as amended). Root ball sizes on all
transplanted plant materials shall also meet state standards.
At least 75 percent of the trees and 50 percent of the shrubs used to
fulfill these requirements shall Ix native Southcro Floridian species, as
determined by accepted valid scientific reference. For site that are north
and cast of U.S. Highx~ay 41, at least 35 percent of the shrubs used to
fulfill these requirements shall Ix native Floridian species, as de~ermined
by accepted valid scientific rcferencc; 'Native Trees and Shrubs for
Collier Count.' List" is available for reference. For proposed land
development projects on coastal shorelines and/or undeveloped and
developed coastal barrier islands all required landscaping shall be 100
percent native Southern Floridian species.
In addition, for all sites, at least 75 percent of the trees and shrubs used
to fulfill these requirements shall IX drought-tolerant species as listed in
the Xeriscape Plant Guide and Native Trees and Trees for South Florida
(IFAS). Reference to be used in the native determination ma}' include.
but not IX limited to:
Long. R.W.. and O. Lakela, 1976. A Flora of Tropical Florida.
Small, J.K., 19.~3. A Manual of the Southeastern Flora.
Wundcrlin. R. P.. 1952. Guide to the Vascular Plants of Central Florida.
2.4.4.2.
Where xeric plants are to Ix utilized, use the South Florida Water
Management District. Xeriscape Plant Guide (as amended) as a
reference.
Trees and Palms. All required ness' individual trees, shall Ix species
having an average mature spread or crown of greater than 20 feet in the
Collier Count).' area and having trunk(s) sshich can Ix maintained in a
clean condition over five feet of clear ss'ood. Trees adjacent to
walkways, bike paths and r.o.w.'s shall Ix maintained in a clean
condition over 8' of clear wood. Trees having an average mature spread
or crown less than 20 feet may Ix sutmituted by grouping the same so as
to create the equi,,alent of 20-foot crown spread. For code-required
trees, at least $0 percent of the trees at the time of installation shall Ix ·
minimum of ten feet in height, have a 1 :t/4-inch caliper (at 12 inches
above the ground) and a four-foot spread. The remaining code.required
it0.9.gv._trees, at the time of installation, shall IX at least eight feet in
height, have a 1 l/2-inch caliper (at 12 inches above the ground) and ·
three-fool:
Words ~:;'.::~ :.".::;:;~ are deleted, woec
2.4.4.3.
2.4.4.4.
2.4.4.5.
2.4.4.6.
A grouping of three (3) palm ~rc~ will be the equivalent of one (1)
c__anoov tree. Exceptions will be made for Roys~onea spp. and Phoenix
spp. (not includin$ roebelenii) ,n~hich shall count one (!) palm for one
(!) tree. Palms ma)' be substituted for up to 30% of required ~
trees. Palms mus~ have a minimum of ten (10') fe~ of clear trunk at
planting,.
All non' trees, including palms, shall be of a species havlng an ave'ale
mature height of 15 fern or greater.
2'tee Species .',Iix. ~Vben more than ten (10) trees are ro:luircd to be
planted to metn the requirements of this Code, a mix of species shall be
provided. The numlx't of species to be planted shall vary according to
the overall number of trees requlred to be planted. The minimum
number of species to be planted are indicated below.
REQUIRED SPECIES MIX
REQUIRED NL'MBER OF
TREES
MINIMUM NUMBER OF
SPECIES
I1 -20 2
21 - 30 3
31 -40 4
41+ 5
Shrttbs and hedges. Shrubs shall be a minimum of 24 inches in height
above the adjacent pavement surface required to be buffertd and'or
screened when measured at time of plaming, grown in a three-gallon
container, and be spaced I$ to 36 inches on center. Tho' shall be at
least 36 inches in height within 12 months of time of planting and shall
be maintained at a height of no less than 36 inches above the adjacent
pavemem required to be buffered an6'or screened in perpemit.v, except
for visibiliL~' at int~rs~:tions and where pedestrian access is provided.
Hedges, x~here required, shall be planted in double s~gg~red rows and
maintained so as to form a continuous, unbroken, solid visual seretn
within · minimum of one year after time of planting. Where buffering
and/or screening is required, shrubs shall be planted and maintained at a
height as specified in section 2.4.7A of this code, except where
visibility is required. Double s~aggered roxvs of hedges shall be required
only in tyl~ D buffers.
Grot~nd covers. G-round cover shall be irmalled in a manner ~ich
presents a finished appearance and complt~e coverage. Stone, gravel, or
any a.~ificial ground cover shall not be utilized for more than 20 percent
of the landscaped ~¢a. Use of native ground covers is encouraged.
Organic m~dch req~drements. A two-inch minimum layer after
watering-in of organic mulch shall be placed and rnain~ained around all
newly installed ~ees, shrubs, and ground cover plantings. Each tree
shall have · ring of organic mulch no less ~ 12 inches beyond
trunk in all directions. 1~o more than 25 percent by volume of the mulch
ustd on · site may be cypress mulch.
2.4.4.7. /.x~'n grass. Grassed ~a'eas t',haJl he planted with species normally
grown in permanent L~wns common ~o the Collier County at~a.
Words ~:'~:~.: :~.'-~-';~ are deleted, we
PI-
2.4.4.8.
2.4.4.8.1.
2.4.4.8.2.
2.4.4.83.
2.4.4.8.4.
2.4.4.9.
2.4.4.9.1.
2.4.4.9.2
~.4.4.9.~.
2.4.4.9.4,
2.4.4.10.
2.4.4.10.1
2.4.4.10.2
2.4.4.11.
2.4.4.11.1.
2.4.4.11.2.
2.4.4.113.
2.4.4.11.4.
2.4.4.11.5.
shall be used in s,n~lcs or other areas subjec~ to erosion and l~ovided
further, in ~reas ~erc other than solid sod or grass seed is used,
nursegrass seed shall be sown for immediate ground coverage until
permanent coverage is achieved. The use of drought-tolerant species is
advised.
Site-specie plant material Trees and other vegetation shall be planted
in soil and climatic conditions which are appropriate for their growth
habits. The planning services director shall review and approve land
plans based on the following criteria. Required plants used in the
landscape desiin shall be:
Appropriate to the conditions in which they ~re to be planted (including
drought, salt and cold iolerance).
Have noninv~sive growth habits.
Encourage low maimenance.
Be othenvise consistent ~ith the intent of this division.
lVon ¢odt trtt$. The following plant species may be planted but s~ll
not count towards requLred code trees:
Eucal.x~rus spp. (eucalyptus).
Grcvillea robusta (silk oak).
Oucrcus laurifolia (Laurel OalL~
Bucida buceras {Black Olive)
Control species. The following plan~ species shall not be planted within
500 feet of conservation easements and retained natural vegetation areas:
Broussone~ia papyrifera (paper mulberr)').
Wedelia trilohau - (wedelia).
Prohibitedspecles. The fcllowing plant species shall not be planted:
Enterolobium ~..clocarpum (ear re:e).
Melia azedar~ch (Chinaberry
Bischofia javanica (bishopwood).
Scaevola frutescens (Australian inkbe~').
Dalber~ia sissoo (Indian rose~:~).
2.4.4.11.6.
Sapium sebiferum (Chinese lallow tree).
2.4.4.11.7.
Anlisia elliptica (shoe burton ardisia).
This list shall be subject to r~vision as
determined to be noxious, invasive, cause ·
Words ~,b4Nee~.~ are dekted, wo
'ds RII~. ~lmapsan
exotic plant species are
JUN 0 4. 1997
nvlrnr~me~tal degradation to
2.4.4.12.
2.4.4.12.1.
2.4.4.12.2.
2.4.4.12~.
2.4.4.12.4.
2.4.4.12.S.
2.4.4.12.6.
2.4.4.12.?.
2.4.4.12.9.
2.4.4.12.10.
2,4.4.12.11.
2.4.4.12.12.
native habitats, or to be detrimental to human health, s~rety, or the
public ~.cl fare.
t'rohlbi;td e~oflc species. In addition to the prohibitions outlined in
section 2.4.4.11, the follo~ng species ot seeds thereof shall not be
gro~'n, offered for sale, or transported inter-county ot intra-count)'.
Melaleuca spp. (punk tree).
Schinus terebinthifolius (~razilian pepper).
Any member of the family Casua~inac~eae (Australian pine).
Rhodom}Ttus tomentosus (downy rosemyrUe).
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf)
L)'godium spp. (climbing fern)
S).~'gium cumini (Java plum).
Mimosa pigra (catcla&v mimosa).
Acacia auriculiformis (carleal' acacia).
Albizia lebbeck (Women's tongue).
2.4.4.13. £~i~t/,g £lam material. In meeting the requirements of landscaping, the
planning services director ma)' permit thc use of healthy native plant
material existing on-site. In so doing, the planning services director may
adjust the application of the standards of these regulations to allow credit
for such existing plant material, provided, he ma)' not permit the
reduction ot' required percentages of a landscaped area or reduction in
numbers ot' trees or shrubs required, unless otbcr~vise allotted pursuant
to section 2.4.4.1 I. Removal of vegetation is subject to the ~.egetation
remo~'al, protection, and preser,'ation section (dix'ision 3.9).
All new development shall retain existing native vegetation to the
maximum ex~ent possible. Existing native vegetation shall be retained
unless storrn~vater management design, necessary grade changes,
required infrastructure ot approved construction footprints necessitate its
removal. The need to remove existing vegetation shall be demonstrated
by the applicant as a pa~ of the site/construction plan review process.
Areas of retained vegetation shall be preserved in their entiret). ~th all
u'ees, understory, and ground covets left intact and undisturbed provided
that prohibited exotic plant materials as defined herein e'c to be
removed.
During consu'u~ion, all reasonable steps necessary to prevent the
destruction or damaging of existing vegetation shall be taken. No excess
soil, additional
Words ~uek'41~qtth are deleted, ~'onls und~
2.4.4.14.
2.4.4.15.
2.4.4.15.1.
2.4.4.15.2.
2.4.4.15.3.
2.4.4.15.4.
2.4.4.15.5.
2.4.4.15.6.
2.4.4.15.7.
2.4.4.15.8.
2.4.4.16.
Existinl, Cra~'n
Spread of
Preserved Trees
placed within thc dripline of an)' vegetation ~hat is required to be
preserved, or that vdll be credited to~'ards the required landscaping.
Protective barriers shall be installed and maintained beyond the dripline
of all retained vegetation unless site improvements prohibit installation
of bar~ers beyond the drlpline, and shall remain in place for the duration
of the construction process pha. se.
Tree preservation credits. Existing trees may be credited towards
meeting the minimum tree planting requirements according to the
formula in ~able 2.4.4. Fractional measurements shall be anributed to
the next lowest category.
TABLE 2.4.4. CALCULATION OF TREE PRESERVATION CREDITS
D~meter of Tree at
4.S Feet Above Number of
~. N~uril Grade . Tree Credits
50 Feet or $reatcr ~ 26 inches or $reatcr ' 3
40 to 49 feet o~ 20 co 25 inches ' 2
30 to 39 feet o~ 13 to 19 inch~ ' 2
20 to 29 feet or S ~o 12 i~ches . I'
10to 19 feet ~ 2 tot ~ches , i'
Less than 10 feeY ~ I I ~ to 2 inches ' I'
"Credited alainst equi~alem ~quited tree only.
Trees exc/,ded from preservation credit. No credit shall be given for
preser,'ed trees which:
Are not located within the areas of the proper~y for v, hich trees are
required by the code;
Are located in required natural preservation areas indicated on an l
approved master land use plan, site dex'elopment plan or plat:
Are required to be preser,'ed by federal, state or local laxx', such as
mangroves;
Are not properly protected from damage during the construction process,
as provided in section 2.4.4.10;
Are prohibited species identified in sec6on 2.4.4.8;
Are dead, dying, diseased, or infested ~'ith harmful insects;
Are located in recreation tracts, golf courses or similar subareas within
planned developments which are not intended to be developed for
residential, conu'nercial or industrial use (unless abusing sald use, and
the required buffer vddth is dedicated on the plat as a landscape butTer
easement); or
Are not located within the bounda~es of 0~e parcel.
Safe sight distance triangles at intersection and access points. (Refer to
Figure 1, Sight Distance Triangles), Where an accessway intersects a
right-of-way or when a property abuts the intersection of two or more
rights-o!
establisl'
Words ~4~ are deleted, w
osn~6~J7
distance triangular area shall be
0~/06/97
in t wzy that provides unobs~rucled visibility ~t I Icrc! I~'ccn 30
i~hes ~d eight feet ,~ve t~ cm~ of ~ ~j~ccnt ~d~)'.
L~pin~ s~ll ~ I~t~ in ~cmd~ce ~th t~ ~side ~ov~
~a ~visions of ~e S~3te of Flo~ ~ent of T~s~ti~'s
hl~uzl of Uni[o~ ~linimum Stand,ds for ~iBn, Construction,
~inl~nce of Slrcc~s
s~l ~ ~ di,~o~lly ~s from e~ch
acc~s~y. Two sides o~
from the ~im o~ im~tion from
o~-~)' li~. ~e ~i~ side o[the
~ds of thc o~ ~'o sides.
dis~ce t~lc s~11 ~ c~ted. Two sides o~ ~hc t~le s~ll ~cnd
25 f~t along the abu~in~ ~ht~f-way lines, measured from thc ~int of
inte~cfion. ~e ~ird side of~e t~gle shall ~ a line co~e~ing ~he
ends of the other t~'o sides.
I ~
2.&4.17.
2.4.4.18.
$ignage located within/adjacent to landscape Buffer ,4rea. A11
~d shru~s located vSthin landscape buffet ~ iI~ be located so as
not to block view of signage as ~hovm in Fisust 2, Signage Adjacent to
Landscape Buffet. %Vhere specimen trees exist, lhe signage setback
location may be administratively reduced per Ibc requirements of
DixSsion 2.5. Code required plantings shall progress in height a~ay from
steer.
FIGURE 2: SIGNAGE ADJACENT TO LANDSCAPE BUFFER
Sec. 2.4.$.
landscape berms. All pefimctet landscape berms over two fcct in
height shall meet or exceed the minimum standards ns set forth herein.
All gr~ssed betas shall have side slopes no greater t~n four to one.
Betas plumed v~th Itound cover ~nd l~ndscaping shall have side slopes
no grea~et fl~n fl~ree to one. The toe of the slope shall be set back a
minimum of five feet from the edge of all fight.of-way and property
lines.
Betas located adjacent to ~be !-75 fight-of-bay ma)' be reduced to a
maximum slope of 2:1. Betas located adjacent to the 1-75 fight-of-ray
shall be plumed wi~ n~tive ~round cover over nn erosion control fabric.
nnd native lrees placed mt twenty-five feet on centet, cqu~! in hcight to
the height of the berm ,nd located within a minimum ten foot vide lex'el
pl~,nting mca.
Existing nntivc vegcmion sl~l be incorgont~! into t~c betas whh
slopes fully s~bilized wi~ lacs, shrubs, m~l ground covet. Landscape
berms shrill not be placed vfthin e~,etnenu vSthout wfiuen approval
from all entities claiming ~ intercs~ under uid easement.
Minimum landscapinl rtquired for vehicular use areas.
Words ~'~ ~re deleted.
.HO:. ~^1!
,JUN 0
2.4.$.!
2.4.$.2.
Words
0~7
,4pplicablliry. The provisiom of this ~:tion shall apply to all new off-
street parking or other vehicular use areas. Existing ~scapin$ ~ich
does not comply ~ith the provisions of this code shall be brought imo
conformity to the maximum extent possible ~'hen: the v~hicular use area
is altered or expanded except for restriping of lots/drives, the building
square footage is changed, or the structure has been vacant for a period
of 90 days ot more and a request for an occupational license to resume
business is made. These provisions shall apply to all de~.elopments with
the exception of single.family, t,~family, emi mobile home d~tlling
units, and dwellings on individually platled lots. Any appeal from an
administrative determination relating to thee regulations shall be to the
hoard of zoning appeals or equivalent. Prior to issuing occupancy
permits for new construction, implementation and completion of
landscaping requirements in oft'-str~ vehicular facilities shall be
required. Where a conflict exist~ between the strict application of this
division and the requirements for the number of off.~xett i~king spaces
or area of off. street loading facilities, the requirements of this division
shall apply.
Landscaping required in Interior of vehicular use areas At least ten
percent of the amount of vehicular u~ area on-site shall be devoted
interior landscaping areas. The width of all curbing shall be excluded
from the required land~caped areas. All interim landscaped areas
dedicated to trees or to prescrvation of existing vegetation ~all be
landscaped with grass, ground cover, shrub~ or other landscape
treatmenL One tree shall be provided for every 250 squa~ fern of
required interior landscaped area. Interior landscaped areas shall be a
minimum of five feet in width and i 50 square feet in area. 'i'he amount
of required imerior landscape area provided shall be sho~n on all
pr¢limina~' and final landscape plans.
All rows of parking spaces shall contain no more than ten parking spaces
uninterrupted by a required landscaped island ~hich shall measure
inside the curb not less than eight feet in
length and at least 100 square feet in area. At least one tree shall be
planted in each island. These islands shall not be used as retention areas
or as swales. Landscape islands for compact car parking areas s.hall be
at least seven feet in width and at least 100 square feet in area. These
tree requirements shall be met with existing native trees s~'henever such
trees are located x~thin the parking area and ma)' be feasibly
incorporated into the landscaping. 'O,'here existing trees are retained in a
landscape island the amount of parking spaces in that ross' may be
increased to 15. A parking stall be no farther than 50 feet from a tree,
measured to the tree trunk. Interior landscaping ,,teas shall serve to
divide and break up the expanse of paving at strategic points and to
provide adequate shading of the paved area. perimeter landscaping shall
not be credited toxx"Ard interior landscaping.
Interior landscaping areas shall be provided within the interior of all
vehicular use areas. Landscaped areas, wall structures, and walks shall
require protection from vehicular encroachment through appropriate
wheel stol~s or curbs or other structures.
Interior landscaping areas shall meet the requirements of division
2.4.3.~, 2.4.~.6, and 2.4.~.?. Alternative designs may be approved that
achieve equivalent results subject to appro,
dirccto' AG£nO.~ ;~£M
ate deiced, ords Iinderlined are added. All ma~ md
JUN 0
2.4.~.4.
l/eMcular overhang of ianthcape areas. The front of · vehicle may
overhang any landscaped ar~a a maximum of two fe~, i~m'ided the
landscaped arco is protected by motor vehicle wheel stops or curbing.
Two fe~ of such landscaped area or wnlkwny may be ~ of the
required depth of each abutting pa~king spaces. Walkways shall be a
minimcm or'five feet in width ifa vehicle is to overhang ~ ~-alkway.
Green space required in shopping centers and freestanding retail
e~tabll~hments with o floor area greater than 20,000 square feet. An
arco that is at least s~'en percent of the size of tbe vehicular us~ areas
shall be developed as D'ccn space within thc front yard(s) or courtyards
of shopping centers and rc~ail establishments and shall be in addition to
thc building Petlmc~ct planting area acquirements. The cour~,'ards shall
only be located in areas that ar~ likely to be used by pedestrians visiting
the shopping center and retail establlshmcnt, The seven percent green
space ma shall be in addition to other landscaping requirements of this
dMsion, may be used to meet the open space requirements (section
2.6.3.2), and shall be labeled "Green Space' on all subdivision and site
plans. Thc interior landscape requirements of these projects shall be
reduced to an amount equal to five percent of thc vehicular use area on
site. Green space shall be considered areas designed for environmental,
scenic or noncommercial recreation purposes and shall be pedestrian-
friendly and aesthetically appealing. Green space may only include the
following: lawns, mulch, decorative plantings, nonprohibitcd exotic
trees, walkways within the interior of the green space area not used for
shopping, fountains, manmade ~atcrcourses (but not water retention
areas), wooded areas, park benches, site lighting, sculptures, gazchos.
and any other similar items that thc planning services director deems
appropriate. Green space shall include: walkv~ays within the interior of
the green space area not us'.'d for shopping, a minimum of one foot of
park bench Per 1,000 square feet of building area, and a minimum of one
tree for each 250 square feet of green space area. Thc green space arco
shall usc existing trees wbere possible and landscaping credits will be
alloxved as governed by table 2.4.4. The green space areas shall be
located in areas that are in close proximity to the retail shopping area.
Benches may also be located in interior landscaped areas and 75 percent
of benches may be located adjacent to thc building envelope along paths.
walkways and within arcades or malls.
Sec. 2.4.6. Minimum Landscaping requirements.
Landscaping for ali new development, including single-family, t~xo-family.
multifamily and mobile home dwelling units, shall include, at a minimum, the
number of trees se~ forth below. Areas dedicated as lXcservcs and conservation
areas shall not be counted to meet the requirements of this section. Existing
trees and other minimum code required landscaping may be credited to meet
these requirements pursuant to subsection 2.4.4.11. Trees shall meet the
requirements of section 2.4.4.2. Existing residential development that does not
meet thc minimum landscaping requirements of this code shall be required to
install the required landscaping before a certificate of occupancy is granted for
any improvements to the propert)'.
2.4.6.1.
Residential developments. One canopy tree per 3,000 square feet of lot
area, or w,'o canopy tr~s ~ lot, whichever is greater, with the
maximum number required: 15 trees Per lot.
2.4.6.2. Multi fan
Pen. ious
Words ~.-'-':- !; :.'.::::.~ are deleted, w
05/O6/9'7
tl,.r, flopments. One canopy Iree per 2.000 ~uare feet of
~.ds vnda.f~~l' mips 'd ilk 'motel
JUN 0 ' 97
2.4.6-3.
2.4.6.4.
2.4.6.5~
in&,sfrlal and commercial developments. One canopy tree per 3,000
~uare feet of pervious site area, or one canopy tree p~ lot, ,~hichcver is
greater.
£ittoral sane planting. All developments that create lake areas shall
provide littoral zone plantings of emergent, aquatic vegetation in
accordance with Section 3.5.7.2.5.
Building perimeter plantings. All shopping center, ~etail, office,
apartments, condominiums, clubhouses and similar uses shall wavide
building p~meter plantings in the amount of 100 square fe~ pet 1,000
square fe~t of proposed building ground level floor area. These planting
areas shall be located adjacent to the building and shall consist of
landscape areas, raised planters or planter boxes that ate a minimum of
5' wide. Water management areas sl~ail not be a part of this 5 foot
planting area.
Sec. 2.4.7 Minimum landscape buffering and screening between uses.
2.4.7.1. Purpose and intent. The purpose and intent of establishing landscape
buffering and screening is to:
a) reduce the potential incompatibilit.v of adjacent land uses;
b) conserve natural re~urces anti maintain open space;
c) protect established residential neighborhoods, and enhance
communit.v identity;
d) improve the aesthetic appeaxance of commercial, industrial, and
residential developments through the requirement of minimum
landscaping in bays that harmonize the natural and built
environment:
e) promote preservation and planting of native plants and plant
communities;
f) provide ph.xsical and psychological benefits to persons through
landscaping b.v reducing noise and glare;
g) screen and buffer the harsher visual aspects of urban
development;
h) improve environ~nental quality by reducing and rex'ersing air.
noise, heat. and chemical pollution through the preserx arian of
canop.v trees and the creation of shade and microclimate:
i) reduce heat gain in or on buildings or paved areas through the
filtering capaci~,' of trees and vegetation;
promote ,,~ater conservation by encouraging the use of native and
drought-tolerant vegetation and properly zoned irrigation
systems through xeriscape.
In order to minimize negative effects be~zen adjacent land uses, this
division promotes the use of landscape buffers and screens to eliminate
or minimize potential nuisances such as dirt, liuer, noise, lights,
unsightly buildings and structures, and off. sueet parking and loading
areas. Additionally, buffers and greens provide spacing and
landscaping to reduce potentially adverse impacts of noise, odor, or
lighting. Buffering refers to a strip of land separating adjacent land uses,
whereas screening refers to fences, walls, berms, trees, shrubs, or a
comblnati 0n of these screening devices on the buffer strip.
No. ~
Words ~ are deleted, w~ ~ ltl3lJ.~Xt~:l~ ate adde~ All map~
JUN 1:;I, ,1997
0~)/97
2.4.?.2.
Applicability. The buffering and scr~ning shown in table 2.4 shall be
required under this section and shall apply Io ·Il new development.
Existing landscaping ~'hich docs not comply ~th the provisions of this
section shall bc brought into conformity to the m~ximum extent possible
v, hen: ~he vchicular use arcs is altered or expanded except for restriping
of iots'drlves, the building square footale is changed, or there has been ·
discontinuance of use for · ix'dod of 90 consecutive days or more and a
request for an occupational license to ~sume business is made.
Where · properly adjacent to the propos~ use is: (I) undeveloped, (2)
undeveloped bm permlt~ed whhou~ the required buffering an~ screening
required pursuant to this code, or (3) developed ~,it~m the buffering
and screcnlng required p~nt to this code, the propos~ use shall bc
required to install the more opaque buffer as provided for in table 2.4.
Where property adjacent to the proposed usc has provided the more
opaque buffer as provided for in table 2.4, the proposed use shall install
a type A buffer.
Where the incorporation of existing native vegetation in landscape
buffers is determined as being equivalent to or in excess of thc intent of
this code, thc planning ser,.iccs director may ~'aive the planting
requirements of this section.
Buffering and landscaping bern'eon similar residential land uses may be
incorporated into the yards of individual lots or trac~s ~hhout lhe
mandatory creation of s~parate trac~s. If buffering and landscaping is to
he located on a lot, it shall be shown as an easement for buffering and
landscaping.
The buffering and screening provisions of this code shall be applicable
at the time of planned unit development {PUD), preliminar}' subdivision
plat (PSP), or site development plan (SDP) review, ,,~ith the installation
of the buffering and screening required pursuant to section 2.4.3.5.
Where a more intensive land use is developed contiguous to a properly
within a similar zonin~ district, the planning services director may
require buffering and screening the same as for the higher intensity uses
between those uses.
2.4.73.
Landscape buffeting and screening standards within any planned unit
development shall conform to the minimum buffering and screening
standards of the zoning district to v, hich it most closely resembles. The
planning ser~'ices director may approve ahemative landscape buffeting
and screening st,~ndards when such alternative standards have been
determined by use of professionall) acceptable to be equivalent to or in
excess of thc intent of this code.
Standards. Unless otherwise noted, all standards outlined in section
2.4.4 shall apply. Trees and shrubs shall he installed at thc height
specified in section 2.4.4.2.
Water management systems, which shall include retention and detention
areas, swales, and subsurface installations, shall be permitted within ·
required buffer provided they are consistent with accepted engineering
and landscaping practice and the following criteria:
Words ~:;-;:!: :~::',::~ ·~ desexed, w~
Water management systems shall not exceed 50 percent of the
square footage of any required side, rear, or from yard landscape
buffer.
W·tcr management systems shall not exceed, ·t an)' location
within the required side, rear, or front yard landscape buffer, 70
percent of the required buffet x,,idth. A minimum 5 foot wide
10:! level plaminZ area shall be maintained v'here trees and
hedges are required.
Exceptions to these standards may be g~'anted on a case.by-case
basis, evaluated on the following erheri·:
a. Water management systems, in the form ofdry retention,
may utili~ an are· greater than 50 percent of the buffer
vixen existing native vegetation is retained at ilatural
grade.
b. For lois of record 10,000 square feet ot less in size, water
management areas ma)' u~ilize an area greater than
percent of the required side and rear yard buffers. A level
planting are· of ·t least 0u~e fet~ in width shall be
provided in these buffers.
Sidewalks and other impervious areas shall not occupy any par~
of· required Alternative A, B, C, or D type butter except v~en:
· . Drivev~.~'s and sidewalks are construcled perpendicular
to the buffer and provide direct access to the parcel.
b. Parallel meandering sidewalks required by this code
ix:cup)' the buffer and its width is increased by the
equivalent sidewalk
c. A required 15-20 foot ~ide buffer is reduced to a
minimum of 10 feet vide and is increased by the 5-10
foot equivalent width else~here along that buffer.
Types ofbttffers. Within a requited buffer strip, the following alternative
shall be used based on the matrix in table 2.4.
Alternative A: Ten.foot-wide landscape buffer ~ith trees spaced no
more than 30 feel on center.
Alternative B: Fif~een-t'oot-wide, gO percent opaque ~ithin one )'ear
landscape buffer six feet in height, ,at,ich ma)' include a ~11, fence,
hedge, berm or combination thereof, including ut. es spaced no more than
25 feet on center. When planting · hedge, it shaft be a minimum of 10
gallon plains 5 fern in heist, 3 feet in spread and spaced · minimum 4
fern on center at planting.
Alternative C: Twen~'-foot-wide, opaque within one year, landscape
buffer with · six-foot wall, fence, hedge, ot berm, or cumbination
thereof and two stqgered tows of t~-es spaced no more than 30 feet on
center.
2.4.7.4.
4&
_buffer shall be consistent with the mo~slons of the Collier County
Stre~scane Master Plan. ~.hich is incoroorated bv reference herein. Th,
minimum width of ~e perimeter landscape buffer shall vso' according
to ~e ultimate width of the ~bmting right,f-way. Where the ultimate
width or' ~c r~ght-of-~'ay is zero to 99 feet, the corresponding landscape
buffer shall measure at least ten feet in v.'id~ Where the ultimate width
of the t~ght-ot'-way is 100 or mote feet, the corresponding landscape
buffer shall measure at leas~ I ~ feet in ~d~. Developments of ! ~ acres
or more and developments within aa activity center shall provide a
perimeter landscape buffer of at leas~ 20 feet in width rega:dlcss of the
width of the right-of-way. Activin' center t~ght-of-way buffer
requirements shall not be applicable m roadways internal to the
development.
Trees shall be spaced aa average of 30 feet on center in the landscape
buffet abutting a r~ght-ot'-~iy.
A hedge of at lea.st 24 inches in height al the time of planting and
attaining a minimum ot'3 feet height within one year shall be required in
the laadscape buffer ~here vehiculaz areas are adjacent to the mad right-
o1'-~ay, pursuant Io scc~ion 2.4.4.3.
The remaining ~'ea o1' the landscape buffet shall consist o1' existing
native vegetation, grass, ground cover, or other landscape treatment.
.... :.: .... ~' .,4....,- Ew-t3r effot~ shou{d be made to retain and
incorperate the existin{ native ,~.egetation in these areas.
TABLE 2.4 TABLE OF BUFFER REQUIPJZ~ENTS BY
LAND USE CLASSIFICA'f30~S
Adjacem Properties Dis~ic!
I 2 ) 4 5 6 7 $ 9 10 II 12 13
. B B B B B A A A A D A
A A B B B B B C B * D B
ABA BA BBB B ° D B-
A B A A B B A B B * D B -
~. Villaf, e residential (VR)
6. Mobile home (MH)
'/. Commercial~ (C-I, C.I/T,
C-2. C-3, C4. C-5);
Business Park (BP)
I. Industrial: (I)
A ABBA BB BB * D B-
ABBBBABBB * D BB
ABBBBBAAA * D BB
ACBBBBA~A* D BB
9. Public use (P). commu-
unity, facili~ (CF),
Clubhouse
6menitv C ,ret
10. Planne ! ~
merit (P JI
Words ~ve4*=~ev~ are dele~ecL word
ABBBBBAAA * D B -
$ I. Vddculir
12 Boll'count
DDDDDDDDD D'
B B B B B B B B B B A
13. Golf cmrnt
Thc I~ I~cd u~der 'Adj~ccm
~ ~ ',' s)~l, ind shill
'Buffcrin$ in il~uhu~
~s cl~cnl pl~ (SDP) surimi.
side ~nd ~3r ~* li~.
% ehicular ri~h~s-of-~ ,~m n~indu~rizl
SBuffer nr~ ~een c~m~ial
a sh~ed I~ wide. ~is
~ ' tr
' ~'V
~ree~a~ M,s~er Pl~
Division 2.6., Supplemental District Regulations of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereb.v amended to read as foilings:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
2.6.7. Parking and Storase of certain vehicles.
Words ,~n~4+.d,~tk irc dekned, wm _undedine(l are added. All maps am
,JUN &As199/
ed art a4d~L All n~ and'illus~h
Words ~ are deleted, won:b undetli~
0~,~)7
Sec. 2.6.21.
2.6.21.1.
· '.'- ~ ' ~ .... '---~d .... ' .......... '
Individual or muhiple p6vale d~kL including m~6ng
li~s, nnd the like are ~itt~ IO ~e~e the re~ident~ ora development
on canal or wate~va)' Io;~, pro~ ided the) do not
prolmde mo~ ~h~ the res~dve dist~res s~cifi~ in ~6ons
2.6.21.2 and 2.6.2l .4 for such c~l or ~ate~ay. ~ks and the
]i~e a~ ofimafilv intended to ad~lel~ s~ure m~d vessels and
erovide ~fc access by usc~ for muline ma~menance ~d
u~e while minimalN im~ctlne the ~vitnbili~v of lbo
the native marine habil~L manal~, and the use and vie~
~e~lV by su~oundine ~nv o~cm Pe~Ju~ ~
facility p~mslons u ~tll m extension ofd~k f~ililies
me~u~d from the pm~ny llne, bul~ead line. sho~line.
g~p line. or Mean High Water line. ~hic~v~ is mo~ ~s~6c6ve.
On unbfldeed ~er islands a ~i d~k shall ~ consid~r~ a
~itled o6ncioal use: honeys, a d~k s~ll noL ~ any ~ ay.
ignslilule s u~ or sl~cm~ ~ich ~i~ ~ui~. a~'or
erovides for any acce~so~' u~ and or slmclu~s. Ragar~l:::
...t .:..e ..... r .......... b~lhou~ and d~k f~ili6~ pm~
on ~sidentially ~n~ pm~i~ u defin~ in ~6on 2.1.
c~e, shall ~ conside~d ~ ~c~' ~ or sl~l~.
shall ~ ~ui~ lo ~ s~ ~u~ ihe ~u~ ~d
in ~tion 2.621.3. ~d 2.6.21A.;;~!!;;:!: ::z!~:~:~:!
~.6.21.2.
l)~ck Facilln, Reouiremenr3 and Restriction: The followlnt
criteria aPPlY tO dock facilities and boathouses
2.6.21.2.1. For lots c ~ ~)
boathous '. dock fMir~_..mbina6c
Wo~d, ,~:-.;:'.: '.-'.;: ~ ;-'---------",
313N' 0 4,1997
h~
2.6.21.2.2.
2.6.21.2.3.
2.6.21.2.4.
2,6.21.2.5.
feet into the waterx~y (i.e. the total protrusion of the ~ facilit)' plus
the total protrusion of thc moored vessel).
For lots on a canal or ~ater~y that is less than 100 feet in width, dock
facilities may extend/protrude not greater than five feet into said canal or
~x aterw~y. ~Ng dock exlenslon shall be ernnted to allow a dock
facility/boat combination Io nrotrude more than 20 feel into the
x~-ate~'av and/or cause less than a minimum of 50 ~ercent of the nlatted
~/II[~.~dth bet~vecn dock structures/moored vesselCsl on the oDoosite
side of the canal to be unobstructe~ whiche~ is more f~stricti,,~.
For Iols on a canal or ~xnterway that is less than '70 feet in ~dth,
the dock facility exlension procedure identified in se~ion 2.6.21.3 is not
available (i.e., such lots are limited to a five-foot dock facility).
All IL~facilities on lots with ~-ater fmn~ge of 60 feet or
greater shall have a side setback r~quirement of I $ feet, except as
grovided in Sections 2.6.21.2 or 2.6.21.4. or as exempted belo~.
All dock facili6es ~ on lots with less than 60 feet
of ~-ater frontage shall have a side setback requirement of 7 ~,6 feet.
All dock facilitiesJ_~,xce~t boathouses) on lots at the end or side end
ora canal or water, ray shall have a side setback requirement of 7 'A
feet as measured from the side lot line or riparian line, v, t6chevet is
appropriate. For purposes of this section, rii:~'ian line shall be
defined ns a line extending from the comer oran end lot and side
end lot into the canal or ~aterway bisecting equidistantly the angle
cleated by the ~o intersecting lots.
(See exhibit A.)
Ali dock facilities, reg~dless of lengtb.'protrusion, shall ha~ e reflectors
and house numbers four inches minimum size installed at
the outermost end. on both sides. For multifamil} developmems.
the house number requirement is ~ aired.
2.6.21.2.6.
2.6.21.2.7.
2.6.21.2.7.1.
the l~per
All dock facilities ate subject to, and shall comply ~th. all federal and
state requirements and permits, including but Jnot] limited to the
requirements and permits of the Florid~ Department
of' Environmental Protection. the U.S, Arm)' Corps of Engineers, and the
U.S. Environmental Protection Agency.
Protection ofseagra~$ b~ds. Where new ~,:.:h:";-~ ~:::
dock facilities axe proposed or boat dock extensions, the location and
pres~oce of seagrass or scagrass beds ~ithin 200 fca of any proposed
dock facility ~ shall be identified on an aerial photograph
haviog a scale of one inch to 200 fca when available from the county, or
a scale of one inch to 400 fca when s~ch photographs aze not available
from ~e county. The location of_~--grus beds shall be verified by a site
visit by the site developmem review director or his designee ixior
issuance of any project approval or permit.
All proposed ~.::'-~.:~-~, ~-::'- ~::;:-.-, ~ dock. facilities shall be
located and aligned to stay at least lea feet from any existing
~ ,..E-_?, ,.,,,,~i,,nus bed 9t' s~tagrazs~., exists off the shore of
. .,.
2.6.2~.2.?.2
2.6.21.2.7.3
2.6.21.3.1.
2.6.21.3.2.
impacts to seagrasses and other nati'~'c shertline, emergent and
submerged vegetation and hard bottom cc mmunhles,
\Vhere a co~t~.nuous bed of seagruscs cxlsts oft the shore or thc
property and adjacent to the propert)' the applicant shall be allotted to
build a dock across the Kagruscs, or a · -,,,,~:~-;'.::,:, ;:'-: :~:~::; ~ dock
facility within ten fe~t of ~agruses, Such
dock facilities shall comply with thc following conditions:
1. The buathouse, boat sbeltet or dock :~11 be at a height of at I,.,ut 3.$ feet NGVD.
2. Thc terminal platform of the dock si'all not exceed 160 Kluare feet.
3. The access dock shall not exceed a ~idth of four feet.
4. The access dock and terminal platform shall be sited to impact thc
smallest Irca of sea~rasses possible.
The petitioner shall be required to demonstrate bo'*' negative impacts
seagrasses and other nali~ e shoreline vegetation and hard bonom
communities hal e been minimized prier to any project appro~ al or
permit issuance
_Doct~ Facil~r~ E.~tension' Bootho,~e
Additional length/protrusion beyond said respecti¥c distances specified
in sections 2.6.21,2.1 and 2.6.21.2.2. fl~r dock facilities: and all
_boathouses. reeardicss of the extent of the orotrusion into the ~ ater,~a~
91' the ~id~h of the ~vlten~:. FM~,.eeqM"M~'M~ shall require publL
notice and a hearing by the CollicT County Planning Commission. As to
any boat dock.~itaLJlglne [~cilit,.' exte.asion petition upon ~hich the
planning commission tales action, pursuant to section .(.2.11 of this
code, an aggrieved petitioner or ad,.er KI> affcctod propert> o~¥ner
appeal such final action to the Board of Zoning Appeals The Board of
Zoning Appeals may affirm, affirm ~'ith conditions, re,,'crw or
~hh conditions the action ortho Planning Commiuion, Such appeal
shall be filed ~'ith the Communh>' Development and £nxitonmental
Sen'ices Administrator whhin 14 da~'s of the date of the action b,, the
Planning Commission and shall be noticed for bearin$ ~ith the Board of
Zoning Appeals punuant to the procedures and applicable fee set forth
in section !.6.6 of this code. _The plar~ine Commission shall ba~
decision for a~orox al, aooro,cal ,~ith conditions, or denial on
desien and
~;:!::.:;, i: ....... · Whether ot nm thc ~,ocK)Kd doc~
~o~,T~ %'c~l orotrude if~iret than 2:5 OCTCen, oflhe ~id~h oflh~
_nax~eable ,'anal or n,xaie[ {hah 20 fee~ for __~on,hOuses. and
no! ! minimum of 50 b~-,,.zc,~ of the {mlatled en~al ~-~dth btT~ee~ dock
- - ......... x~se!!~l on the oooosite side of ee canal
Stt'u,. va,.=. ,,,.~
[naintained in order to e~u~ reasonable ,,'mtet~t,,' ~d,J~ f~
:.,::: *,..: ........... ; ....... .
e.,;:!~:':.!: -'L*--:k :-~- :-=,;:'::::: :;::,.'T: .
JUN
2.6.21.3.4,
2.6.21.3.5.
2.6.21.3.6.
2.6.21.3.?.
2.6.21.3.8.
~6,21.4.1.
2.6.21.4.2.
location of the subj-:! dock~
Wh~ther or not the otooosed dock is ofrn}nimal dimens{on$
~ccssarv in order in adcoualclv ~ccure the ~-,oorcd v:ssc{ ~'hile
~ovidina reasonable acc:ss to the boat for routine mainlcnanc:,
~_~houi the use of excessive deck atct
~'hethet or not the nrooosed structure is of minimal dimensions
_minimlzc the imuact of time v{ew of the ~ter*lV by surroundin~
Wh{ther or not ~he moored ~ssel is in excess or' fiRv (501 z~rec~
9[the length of the ~vatc~onta~e such that the addition ora
~ructure xxill increase the irnoact on ot ne~advelv imoact thc
g~{' the m~ atet*~%'av by surroundine orouer~v ovcnet,~
Whether or not thc otou~Kd location ~nd desien of thc dock lx'essel
~ombination is such ~hat il may infrinee uuen the usc of
ndehborinm utouer~ics, includina any existine dock si, uctutct~
{r:,r ~.:::::! ......... ~: .... '"' ~JJ:SI.L~ existin{ benthic organisms in
Ibc vicinity of the proposed extension:
(a{ Whether or not s~amr~sses ire located ~ithin 200 fe~t of the
(bi ',~ether or not thc otooosed dock is subiect lo the manatee
FTOtccdon requires:ms of this code~$cc. 2.6 221,
If deemed necessary based upon tt~e~' ot'~e above crhcria,
plannin~ commission ma)' impose such conditions upon ~e appros'a! of
~ extension request it deems u neccss~ m
accomplish the purpo'~ of this code md protect t~e sarc~ and
m~elt'ate of the public. Such conditio~ ma)' include, but shall not be
limited lo, St:amc side Kiback(s), pto~$ion of lishK$), additional
r~lle~o~ ot rtflectors larger ttan four inches, and prohibitin~ ot
pcrmi~inl montini on ~he ouukie ot'~e dock facili~.
~oatbome ~eoulremems' Mad, ht/~a m the c~i~eria i,m
2 6 21.3- the foils,She o'irerfa sl~l mmh' to
Minimum side setback reauireme~
bia.ximum omttusio~ ins ~et'w~':
Iff. kith m 20 fee...hicheYe~
2.6.26.
2.6.26.1.
2.6.21,4.3. Maximum
or 15 feel melsuted from
ttst~cti%~l.
2.6.26.1.1.
2.6.26.1.2.
~2.6.21.4.4. ~laxlmum number or boathouses mt slt~
sr,'l~
develooment
~cn~r~[ ~emdremen~s~ AIl I~up housinl st~e~u~s shill m~t
requirements s~ified for each t)'~ of st~cture:
I. Site development plan (SDP) approval in confo~ance xvith di~ ision 3.3
(~ith the exception ora f~ily c~ facility).
2, AI! applicable state ~d county building and fi~ c~e stand,ds.
3. AII applicable state ~d count.,,' licensinB ~ui~ments.
unit for the ~se of de~e~ininl applicable development
~herefo~. shall ¢onfo~ Io the st~da~s identifi~ for a single-limit> d~ellinl
unit or mobile home in the zoning dist6ct assigned ~o t~e
other applicable stand~s found in ~e zoning c~e. Hoxx~,
ca~ facility s~ll not ~ I~at~ ~vithin a ~dius of I,~ f~t
family ca~ facilit)'.
.=-o,p ~re f~ill~' (calegOO' I and cater' II). A ~
gove~ b)' t~ development stud,s identifi~ in ~he ~ning dist~¢~
to the pro~)' and the folloxxing
habitable.floor area.
Group caze facilit)' (category i): 1,500 ~quate feet ides 200
square feet per live-in person, beginning v,i~h ~e seventh lb, e-in
person.
Group care facili~ (cate~ot)' !I):
(I) Homelessshehm: I,~00 ~u~e feet Id~s l$0square fet't
pet live-in ~ beli~ninl ~dt t~e ~,~.emh li~-in
2.6.26.2.
2.6.26.2.1.
2. Mlnlmten lot area
&, Group cH taciEty (c~tegoo' I): 6,~ ~ f~ plus
b. Group c~ f~ili~' (cat~ II):
3. Parki~ req,lnd. T~o ~ing ~ces ~ fl~ ~s (minimum
4. ~ration rtqulrementl.
~ a ~i~ of 1.2~ f~t from ~y other exislin~ [mup
facili~ (applicable Io ~ ~F-6. ~MF-12. ~MF-16. RT. and
b. A new ~up c~ facilitF sMll ~ r~qui~ lo ~ Imated
~ a ndim of 5~ f~l from ~ ot~r ~xis6ng ~roup ca~
facili~' (applicable to ~e A. ~s~a~eg ~d RSF I-6 ~ning
distills).
c. Dist~e ~quitements s~ll ~ me~u~ along a strai~h~ line
from t~ ne~st ~int of lh~ txistini ~mup ca~ facili~'
Io the ne~st ~int of the pm~sed n~' group car~ facilil~'
5. 5~cial set~k req,irtm¢ntz. No stmcm~ shall ~ c~led ~ithin 20
f~t of any a~nin~ lot or ~el which is zon~ ~sidential. nor ~hhin
25 f~t ora mM
6. ta~captng ~quirtments, A~ in division 2.4.
~htr c~,~ ~mln~ f~ttitte~: All oi~ c~ ~sin~ cnx4m~cn~ u
2.6.26.2.2.
w~ ~
05J06,~7
2.6.26.2.3.
2.6.26.2.4.
~dditional s~,bmi,al rea~,~rem~ls~ ~lddifion to ~he r~u~d SOP
~de~ndent housin~ units orox-idin~ ~n ~ssist~ livln~ ~nd nu~in~
~m~nent must ~ ~r~ohi~ll¥ ie6~nt~ Is ~ of the conditional use
~it¢ dex'tloomca~ olan aoolication. ~is araohic momsentation shall deulct
tommon areas as ~tJl Is I ~ical indece~ent ~usine unit ~ s~li i~l~
dimensions ~d ~uam f~taee of each com~nent. Additlo~ll~'. ~tio
~de~ndent units to assisted units, and ~e ~um~r of skill~ nunin~ ~ds shall
~ indicated. The a~olication shall include a s~atemenl of available
~ "~ctivilies of dailx livine', includin~ but not limited lo ambulatic.,l.
~roomine. f~ine, financial management, medicine manaeemem, and so o~
( .............. ::R::7: ........
~ ~laximt~m Heiehr ~¢ maximum heiehl shall ~ the
~s the underlvine zonine distficl exceol as otherwise m~ifi~ t~oueh
conditional use er~ess for residemiallv zoned districl~
~~ ............... ::;:::: .....................................
lnde~ndem Iix ine units One (! ~ ~r d~ eltin~ u~
6~sisted liyin~ units 0 7~ ~t assisted un~
~unin~ care units. T~,e t2~ ~arkin~ s~aces ~r fix¢ 1~)
Division 2.2., Zoning Administm6on and Procedures, of Ordinance 91-102.
amcndcd, the Collier Counly Land Development Code. is hcreb)' ~mcnded to re~d ~s follox~'s:
2.7.2.12A
Sec. 2.7.$.
2.7.5.7.
2.7.5.10.
Limllatio~ oa t~ r~:onln~ o/prOl~rrY
No c~ge in ~ ~ninl cl~sifica~ion of ~ny s~ll ~ considc~d
~ hu~ f~ (2~') of sl~ fmn~le except ~ I~ p~.l for
~nint of ~' inx~l~ ~ excision of ~ existinB ~
~ di~ct ~t ~t~in t~e b~det I~d u~ classification
~.hund~d f~t (2~') of s~ ~mnt~Be s~11 ~t ~ppl)' Io
~titio~ that provide eiBhty ~ent (~0%) or mo~ affordable housini
~its,
2.7.5.13.
Variance procedures.
Conditions and Safeg.ards. In rtcommendin$ approval or an}' x ~ance.
~e pl~inl co~ission ma~e ~commend app~pfiaze conditions
~fetu~s in confo~zy wi~h ~his zoninz c~e i~,~lu~ini, bul not
limi~ to, ~nable time limits ~z~in x~ich Ihe acl,on for x~hich
vafi~ce is ~qui~ sh~l ~ ~un or compIcl~, or ~lh.
provisions of this c~e in e~ect 3i t~ Ume of ~onsx~tio~
of such conditions ~fi ~fet~ when made ~ ~ of the te~s u~
xiolation of this ~ninl c~e.
.~ti~ of ~rd of :o. ing a~als p.bl~c keartng U~n completion of
~e public he~n~ b~' the planninl commission ~
h~ by the ~a~ of zonin~ a~at~ ~ n Notice of public he~n~ s~ll
~ tiven az le~ ~ 5 da}'s in adva~e of the ~blic heafinB for
of zonint ap~als. ~e o~ of t~ pm~ny for ~hich the x'afia~e is
souiht, or h~s a~ent or a~ome)' designated b~ him on
~ notified by mail, Notice of public heafinB shall
ne~r of general ci~ulation in the count' at le~t one time I 5 da}'s
p~or to the he.ns.
zoning ap~als may p~ ap~ate ~itio~ N .fe~ in
con~omity ~ this mnlni ~e i~l~inl. ~
~ble time limits ~i~in which ~ ~ fm ~hich
~slo~ of ~is c~ in eff~ at ~ 6~ of ~ V~
w~s~ [ tllkl n 4 loo7 /
/ /
SUBSECTION 3,C: AMENDMENTS TO ARTICLE 3, D£VELOPMENT
REQL'iREMENTS
Division 3.2., Subdivisions, of Ordinance 91-102, as amended, the Collier Count)' Land
Development Code, is hereby amended to read as i'ollo~:
DI¥1SION ;3.2. SUBDIVISIONS
3.2.8.3.22. T~:~ =~ :.-~-: ..... :=~:: .... ' ......
. ' ~ Safe ~i~ht distance trjonele~ flf tnter~ection ond access ~jnt~ ~ere an
~.2.8.~..2, iccesswav inte~ects m 6nh~f-~v or ~hen a v~v abuts
jme~ec6on oftx~'o ot mo~ 6eh~s-of-~av. a minimum ~re sichl dlstanc.
~anaular area shall ~ establish~. Any x~eetation ~ithin this a~
shall ~ olanted and maintained in a ~av Ihal e~-ides unobst~l~
vj}jbili~v a~ a level ~t~veen 30 inches and eieht f~t a~e lhe cm~n
the adiacenl roadwav. Land~a~int shall ~ I~a~ in accordance
~he roadside recox e~' ~ea orovisions of the State of FIo6da
9f Trans~adon's Manual of Unifo~ Minimum Standards for
Const~cfion. and Maimenance of S~ets and Hiehwavs t~T
B~kl where aoor~ria~e, Posts for iiluminatine fixtu~s, lraO~c
and s~reet name signs shall also ~ ~iued. so lone ns the si~n
eouioment is not ~vi~hin the o~sc6~d clear soac~
~ere an accesswav omen a fieht~f.x~av, two ~fe distance ttianelo
Shall ~ created diaeonallv across f~m each other on ~th sides of
access~av, T~v9 sides or the t6anele shall extend ten feet each
from the ~int of ime~eclJon from ~he edee of ~vemenl and ~he richl-
9f.~av line. The thi~ side of the t6an~le shall ~ a line connecfine
~ds of the mher t~o sid~
~e~ a oro~nv abuts the inte~eclion of ~vo ~eh~s-of ~av. a
~istance t6anele shall ~ c~ated. T~ sides of the t~anele shall ext~
30 feet alone the abunine 6~ht-of-~av lin~. me~u~d from the ~int
~men~tion, ~e third side of~he ~6~nle shall ~ a line conn~fine
gads of the o~h~r l~vo sides,
~e de~lo~r s~ll comply ~ith all of ~e provisions of ~ applicable
I~d~a~ ~ui~menu ~d division 2.4 at ~e time of suMivision
d~lopment approval or ~en applicable,
Division 3.3. Site Devclopmcnt Plans, of Ordinance 91-102, as amended, the Collier
Count)' Land Development
0.~,~6~97
~ode. i ..V~k~ed ~o re,
JUN 0 ,1 97
u fol~-o. AGENDA LTE.M ~
~ and i! ' ~ ~dded.
Sec. 3.3.S,
3.3.5.4.2.
DIVISION 3,3, SITE DEVELOPMENT
Site devetopmcnt ptau rt~'ie~' (SDP) pr~,edurts-
o~visions of ~ 2 2 ~6 ? 2 ~
Site improvement ldan s.bmt.a,f
(SIP) shill
~uing forth the follm~inl inf~
12. ~ ' ~ ~'
t~hic
~visions
~ Any additio~l
se~'ices director~
Division 33.. Excavation. of ~i~ce 91-102. ~ ame~. t~ Collier Co~t}' La~
Development C~e,
3,5.4.7.
3.5.7.2.4.
Words
3.3.5.7.
DIVISION 3.5. EXCAVATION
Farm animal w~tcfing ponds or excavations located on single family
lots/tracts where the net properly ~ee is ~ ~
~ ate exempt from the permitting procedures contlined in this
division, but must comply with ill the construction standards of this
division. Such exemptions Ipply only if:
Exceptions to the side slope requirements that may be .justified by such
~hem~tiv~s as anifieill slope protection or verticll bulkheads shnll be
approved in idvance b.v the site development review director, where
justil't: ~tion s~iK)~ntcd t/q
7rola iormi e~~~'d in ~
I desig~
State
Di~'ision 3.6., Well Coasmaction, of Ordizm~ 91.102. as amen<~ the Colh~ C~
Land ~c~opmcn~ C~e, ~ ~' ~ e ~ ~ ~ollo~:
DI%~SIO~ 3.L %YELL ~RU~IO~
3.6.~.7.1. " ' ' ' '
dra~n~dds ~h on ~ ~e sub~cc~ ero~' ~nd on nil con~euous ~
~'ell for which this K~it is ~inu Koucstcd must mcc~ nil aoolica~
SECTION 3.D: AMENDMENTS TO ARTICLE 6, DEFINITIO.~S
Division 6.3. Definitions, of Ordinance 91-102. as amended, the Collier Count)' Land
De,,'eloprnen~ Code. is hereby amended to read as follo,,~'s:
DIVISION 6.3. DE£1NITIONS
,,, r .....,'--:, ........ ~r ?;_ ~4ss~sled Lh'tn~ £acilin' 1.4LF): Any building(s),
~tion of a ~ildin8. ~ ~ of a ~ildini. ~id~e. ~'ate ~. ~ing ~me, or
o~ pl~e, ~t~ ~t~ f~ ~fit m ~ ~hich ~ ~ush its o~ip or
one (I) er mo~ ~ ~icm fm f~ (4) or ~ ~ults, ~t ~lat~ ~o the o~t or
~ices. ~ s~ficgl}' I~ lo ~ ~ N~t lo F~da Samle 4~.40~.
~I1 ~ lic~ ~ ~ u ~h b} FIo~ ~mcnl of Health ~ Re~bilitati~'~
~ic~ A f~il~' off~ ~ ~i~ or limi~d n~inl ~-ic~ for fe~:t
~ulu b ~n ~ ~i~ of ~s ~fi~6on if i~ ~1)' or in~o~ll)' ~vcni~s m or
~Bo~house. prh'~e: 6 roofed, accessor)' use to ii tesidcntill structute(s~L
adjacent to a watet~'ay, gglll..glLIILJ~d~ ~and oto~'idina covered orotection
~ A private boathouse ma)' not be used for ~e purpose of human
habitation. (See section 2.6.21.)
compenss6on (if applic·ble), persons under c~re receive food, lodging and some form of on-
site therapeutic c'.re on · daily bash, This I)'pe of care ma)' involve psychlatric, pD'chologi¢'.l,
medlcal, physlological therapies, behrdor modific'.tion and other such sen. ices, This type of
facility shall cone'.in fait·eh (15) or more persons under care, plus resident supen'isors
required by Subsection 10AJ.019. Florida Administrative Code, and shall permit ,,11 of the list
oS' uses ·s pertained by Group Care Facilities (Category I and C·tegory II,
...... ' ........... in Section 391.06~(I I). FJorida Statues,
a,,s. a~.n. fn~,di_,: .P.,).. aamllyendedl' crisis and atlentio, c·re; disphced ··un ca~
actual and emotional health caz~; otTendet h'.l~-*'~y housesl spouse abuse c·re; substance
abuse care; and ye:nh shelters]. [SEE SEC. 2.6.26]
.......... ,.. /r-r'~r"~. ~sns '. livlne environment erovidlne
~ facility: An)' structure constructed in or over · v,-~ter~va)' for the
g. liGLaZ~Lpurpose or' mooring a bo'.t. This includes docks, ~
mooring pilings, 1~athouses and the like. 'IT.!: !::: ~.:: [~.:!'.;-~:
Gro,£ Ho,sing L'ni~: A room or moms connected together, cons6tuting a separate,
independent housekeeping es~ablisl~nent and physic'.ll)' separated from any other moms or
group housing units, x~hich may be in tbe same structure, with or whhout complete kitchen
facilities, and containing sleeping facilities and sanhary facilities. A group housing unit is
applicable to the follo~ing types of structures: Family Care Facilities, Group Care Facilities
(Catego~' l and Cat·got)' I1). Care Units, and Nursing Homes, 6ssi·ted Livine '.nd Continuing.
A',r$ing Home. Rest Home or E. ttended Care FaclliOv See ,L!::!: C::;g::;,::::
[.!CL.r;~JssHted Lb'in· Facilin' (AL£L
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this O~inance conflicts with an)' other Ordinance of Collier Count)' and other ·pplicable
law, the more restrictive shall apply. If any pl'u. ase or portion of the Ordinance is held invalid or
unconstitutional by an)' court or competent jurisdiction, such portion s~all be deemed a separate, distinct and
independent provision and such holding si,all not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a pan of the Code of La'*· end
Ordinances of Collier Count)', Florida. The sections of the Ordinance m'.y be renumbered or rde~lered
accomplish such. and the word 'ordinance' may be changed to 'section', 'article", or any other
word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become
Wee:Is ~ am de.ed.
No..~ue, t
weed~ m~l~l~" ~led. All mal~Ind
|
PASSED A~D DULY ADOPT£D b~' the Baird e! C~unt)' CommIsslonen of Collier Count)', Florldl,
this ....____dm)' or ,1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
'~IMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
APPROVED AS TO FOR.M AND LEGAL SUFFICIENCY
MARJOR.IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
ZONING M.4PS TO BE ~4MENDED TO I~EFLECT
ADDITION OF "MIZO". "JACOD" & "SR29C01)"
DESIGNATION$ AND THE REMOVAL OF THE
"RP' DE$1GNA TION.
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Copy:
Date:
Re:
The Board of County Commissioners
Bob Mulhem, AICP
Current Planning Section Manager
Michael McNees, Interim County Manager
David Weigel, County Attorney
Vincent A. Cautero, Administrator
Community Dev. & Env. Services Division
Marjorie Student, Assistant County Attorney
Wayne Arnold, AICP, Director
Planning Services Depamnent
May 29, 1997
January 1997 LDC Amendment Cycle - Changes directed by the Board at the fir
LDC amendment hem'ing held on May 21, 1997.
Due to the number of changes to the proposed LDC amendments, and the relatively short
time frame between LDC hearings, staff was unable to complete the revisions and include
them into the Executive Summary Packet for the June 4e~ hearing.
I have attached each of the proposed amendments below in numerical order. I have added
a brief statement on the status of the proposed amendment after the May 21, 1997 hearing.
For your convenience, I have shaded any changes directed by the Board at the May 21,
1997 hearing. Copies of this memorandum will be made a~ilable to any interested
members of the public both prior to and on the evening of the June 4, 1997 LDC
amendment hearing.
29. 1997
ORIOIN~ BCC
AUTHOR, N/A
DEPARTMENTs Planning Services
~DC SECTIONs Division 1.18.
CHAN~E~ Incorporation of Collier County Streetscape Master Plan b
reference into the LDC.
P~A~ON~ The Streetscape Master Plan was adopted by the BCC in
January. At that time staff was directed to incorporate the
Streetscape Master Plan into the LDC by reference.
FISCAL & OPERATIONAL IMPACTSs Incorporation of the Streetscape Mast
Plan by reference into the LDC will have no fiscal impact on the
County or the development community as the Streetscape Master Plan
already approved and effective.
P. ELATED CODES OR RE~ULATZONS~ None.
~TATUB AFTER MAY 21, 1997 LDCAM~ND~NT HEARIN~ The Boar
did not discuss this amendment as an ordinance adopting t
Streetscape Master plan was scheduled to be reviewed by t
Board on May 27, 197. The Board did approve this ordinanc
and this amendment will simple reference the Streetscape
Master Plan by ordinance number in the LDC.
DMSION 1.18. LAWS INCORPORATED HEREIN BY REFERENCE
Subject Ordinance Number
Collier ~ Stnmsca~ IVisster Plan 9725
Words o~ tire deleted, woFds llLdiEija.q~tr~ added.
ORIGIN: Project Plan Review
AUTHOR: Stnn Chrzanowski
DEPARTMENT: Planning Service/Development Services
LDC PAGE: 2:13
LDC SECTION: 2.2.2.2.2.5
CHANGE: Agricultural parcels of any size wher~ off-site removal of excavated fill is necessary
because of site constraints will require a conditional use if more than 4,000 C.Y. of fill is rmnoved fi
thc site.
REASON: To discourage the prolifcration of commercial fill opcrations in the gu]sc of~uacultm'e
FISCAL & OPERATIONAL IMPACTS: Off-site hauling of'large amounts of' fill will now requi
conditional use where it was prrviously a permi~ accessory use.
RELATED CODES OR REGULATIONS: Sec. 3.5 ofthe LDC
STATUS AFl'ER MAY 21, 1997 LDC ~MKNT ItKARING: The Board did not ~ an
Amend ~he LDC as follows:
2.2.2.2.2. Uses accessory to permitted uses.
~--*----': ......-"- :-:-~ ~ and r~lated processing and production subject to
following criteria:
a. The activity is clearly incidental to the agricultural development of thc property.
The affected arch is within a surface water mnnagemcnt system for agricultural use as perm
by the South Florida Water Management District.
The nmount of excavated material removed fi-om the site cannot exceed 4.000 cubic
,ekrnounts in excess of 4.000 cubic yards shall reouire conditional use _ _a~roval for earthmi[
_oumumt to thc m~occdures and conditions set forth in Section 2.7.4.
ORIGIN: Currtnt Plz~ni~$
Words .~ are deleted, word~ nnderilnd are added.
Mc~ 29. 1997
AUTHOR: Ronald Nino~ AICP
DEPARTMENT: Planning Services
LDC PAGE: Various Pages
LDC SECTION: 2.2.2.3.16; 2.2.3.3.5; 2.2.4.3.7; 2.2.$.3.7; 2.2.6.3.7: 2.2.7.3.7.; 2.2.8.3.7; 2.2.8.3.4;
2.2.9.3.8; 2.2.12.2.1.5; 2.2.13.2.1.9; 2.2.14.2.1 .ii; 2.2.15.2.1.13; 2.6.26.4; and Division 6.3
CHANGE: To amend all provisions of the Land Development Code relative to special housing
environments providing some range of on-site care including what arc today called Continuing Care
Retirement Communities and Assisted Living Facilities.
REASON: Current regulations fail to distinguish the difference between the various continuums of
care and congregate living environments recognized and regulated by Florida Law. This has given r
to the concern that housing density meant for bona fide congregate care housing providers for a targ~
population may be inappropriately applied.
The current LDC regulations primarily focus upon congregate (assisted) care housing and by inferer
tmassi~indc~ndent housing environments. Florida Statues, Chapm' 65 ! provides regulation
licensing for Continuing Care Retirement Communities which is administered by thc Florida
Dclmmnent of Insurance. Assisted Living Facilities with varying el~nents of care are administered
the Department of Health and Rehabilitative Services, Agency For ttcalth Ca~e Administration and
Dep~fauent of Elderly Affairs.
With thc exception of Croup Care Housing, Category I and II all other care homing is authorized al
tw~,nty-six (26) units per acre. This includes "Cate Units" and 'Nursing Homes". By definition Ct
Units include Adult Congregate Living facilities. At this point deternfining density becomes conf~
because there is no relationship between number of beds, size of units, congregate living versus
independent dwelling units and thc number twenty-six (26) units per acre which is undefined.
It is the opinion of staff that thc application of a standard density nde to a housing environment tha
may include various forms of care housing from those with continuing ca~ nursing beds to totally
independent housing units is impractical and defies any logical bases, inasmuch aa there is no
equivalent density impact relationship between thc continuums of care units.
Given this fact, it is apparent that projects which involve independent housing units (i.e. full
housekeeping units) need to be conditioned on an adequate showing of other types of care units w~
allow aging in place if they ate to qualify for allowable density that is greater than that authorized
conventional housing units. It is important to reiterate that it is difficult and impractical to calcula~
density for a project that includes nursing units, congregate housing units and fully independent
Worth m~m~4~gh- are deleted, words ~ar~ added.
Mc~y 29. 1997
housing units because the true impact of density varies substantially tntween these varying degrees of
care housing.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
STATUS ~ MAY 21, 199/LDC AMENDMENT ItEARING: The Board did ~ direct any
cl~nges to this proposed am~dment.
Amend the LDC as follows:
2.2.2.3.16.
Group care facilities (category I and II) care units; and nursing home~ti a~si~
livi~l facilities oursuant to s. 400.402 F.S. and ch. 55A-5 F.A.C.: and continu~
~:0~e retirement communities pursuant to s. 651 F,$. and ch. 4-193 F.A.C...
subject to section 2.6.26. when located within the Urban I)esim-mted Area on.
Future Land Use Ma_~ to the Collier County Growth Management Plan.
2.2.3.3.5.
Cnoup care facilities (category I); ¢~x~ units, subiect to the provisions of sec~
~ a~ nursing homes); assisted livirm facilities pursuant to s. 400.~.
F,S, and ch 58A-5 F.A.C.: and continuin~ em retirement communities pursq
1~9 s. 651 F.S. and ch, 4-193 F.A.C.: all subject to section 2.6.26.
2.2.4.3.7.
Group care facilities (category 1); c,a,w units, subiect to the provisions of secl
2.2.4.3.8: :..-r2. nursing homes); ~sisted livin_e facilities _~ursuant to s. 400.:
F,S, md ch. 58A-5 F,A,C,: and continuin~ cmn: r~irement communities vurs~
tO 9. 65][ F,$, and ch. 4-193 F.A.C.: all subject to section 2.6.26.
2.2.5.3.7.
Group care facilities (category I and II) care ~mits; -_~d nursing hom~: as)il
living facilities pursuant to s, 400.402 F.S. and ch. 58A-5 F,A,C,: and continq
care retirement communities pursuant to s, 651 F,S. and ch. 4-193 F.A.C.:,
subject to section 2.6.26.
2~.6.3.7.
Group care facilities (category I and II) care traits; :.'~d nursing hon~: a~sil
livim) facilities t)ursuant to s, 400,402 F.S. and ch. 58A-5 F.A.C.: and continq
care retirement communities pursuant to s, 651 F.$. and ch. 4-193 F.A,C.:
subject to section 2.6.26.
2.2.7.3.7
Group care facilities (category I and II) care units; :.-:~ nursing homes~: assi.,
livin~ facilities ~ursuant to s. 400,402 F.S, and ch. 55A-5 F.A.C.: and contiml
Words ~ are deleted, words ~are added.
Ma~9.1997
2.2.8.3.4.
2.2.9.3.8.
2.2.12.2.1.5.
2.2.13.2.1.9.
2.2.14.2.1.8
2.2.15.2.1.13
2.2.19.2.1.5
(;0s~ retirement communities vursuant to s, 651 F,S, ~d (;h, 4-193 F.A.C.: ali
subject to section 2.6.26.
Group cam facilities (category I and II) care units: -~d nursing homes;; .a.3sistet
living facilities vurstnnt lo S, 400.40;~ F.$. and ch. 55A-~ F,A,C.: and conlinuint
c.~ retirement communities t)ursuant to s. 651 F,$. and ch, 4-193 F,A.C.: alt
subject to section 2.6.26.
Group care facilities (category I and II) care units; -~d nursing homeR; assisted
living facilities pursuant to s. 400,402 F.S, and ch, 58A-5 F,A,C.: and continuing
~:are retirement communities pursuant to s, 651 F.$. and ch, 4-193 F.A,C.: alt
subject to section 2.6.26.
Group care facilities (category I and I1, except for homeless shelters); care unit~
except for homeless shelters; -~d nursing homes~: assisted living facilitie;
pursuant to ~. 400.402 F.S, and ch. 58A-5 F.A,C.; and continuina care retirement
communities _vursuant to s, 651 F,$, and ch, 4-19~ F.A.C. al! subject to Section
2.6.26.
Group care facilities (category I and II, except for homeless shelters); care units
except for homeless shelters; and nursing homes~: assisted livirm facilities
pursuant t9 ~. 400,402 F,S, and ch. 58A-5 F.A,C.; and c0ntirluing (;arc retirement
c0mmunitie~ pursuit tO s. 651 F.$. and (;h. 4-193 F.A.C. al! subject to Section
2.6.26.
Group care facilities (category I and II, except for homeless shelters); care units
except for homeless shelters; ~d nursing homeR: assisted living facilitic~
pursuant t0 s. 400.402 F.S. and ch. 58A-5 F.A.C,: and cor~tinuimz care retirement
c0mmunitie$ pursuant to s. 651 F.S. and ch, 4-19~ F.A.C, all subject to Section
2.6.26.
Group care facilities (category I and II, except for homeless shelters); care units
except for homeless shelters; ~d nursing homes,; ~sisted livine facilities
pursuant to :~, 400.402 F,$, and (;h. 58A-5 F.A.C,: and continuing care retirement
c~oiqam,mitie$ pcr$~t t9 ~. 651 F.$, and ch. 4-19~3 F.A.C. all subject to Section
2.6.26.
Nursing homes, ~ assisted liv~mt facilities CALF'} tmmsam to s.400.402
F,S. and ch, ~i8A-5 F.A.C.. group cag facility (category I) ~xl confimfina c~re
residential c0mmunitie~ pursuant to s.651 F. $, ~nd ch. 4-193 F.A.C- all subject
to Section 2.6.26.
Words ~ ar~ deleted, words ~[~l~li~[l[.ar~ added. ·
May 2~. 1~97
Division 6.3 Definitions
t ,.:-- r..m .....~f'~ F~ Assisted Livin~ Facility (ALF): Any building(s), settlor
Ag~!: Ccn~cga:c ...... ~ ~
of a building, distinct pan of a building, residence, private home, boarding home, or other place.
whether operated for profit or not, which undertakes through its ownership or management to provide
for a period exceeding 24 hours, housing, food service, and one or more personal services for four oi
more adults, not related to the owner or administrator by blood or marriage, who require such service
and to provide limited nursing services, when specifically licensed to do so pursuant to F. S. § 400.407.
The facility shall be licensed and approved as such by Florida department of health and rehabilitative
services. A facility offering personal services or limited nursing services for fewer than four adults i:
~4thin thc meaning of this definition if it formally or informally advertises to or solicits thc public for
residents or referrals and holds itself out to the public to be an establishment which regularly provide:
such services.
Care unit: A residential treatment facility, c,'~:: '~a.~: au.'-:~ng hem:, where, for compensation
applicable), persons under care receive food, lodging and some form of on-site therapeutic care on c
daily basis. This type of care may involve psychiatric, psychological, medical, physiological therapies.
behavior modification and other such services. This type of facility shall contain 15 or more persom
under care, plus resident supervisors as required by subsection 10A-5.019, Florida Administrative
Code, and shall permit all of the list of uses as permitted by group care facilities (Category I and
Category II)~ (i.e., adult :c=~r:":.: Ev:.ng fa::.E:i~; assisted livina facilities foster care facilities:
facilities for: aged persons, developmentally disabled persons (as defined in geefio~ F. S.
393.063(11), F4e,4da-gmmes, as amended), physically disabled or handicapped persons (as defined in
~ F. S. § 760.22(7)(a)~Fle. ri:~a Eta.*'.:*~, as amended); crisis and attention care; displaced adult
care; homeless shelters; mental and emotional health care; offender halfway houses; spouse abuse care:
substance abuse care; and youth shelters. (See section 2.6.26).
Continuing care retirement community (CCRC): Means a livini environment orovidimz shelter, food.
~d either nursimz care or ~ersonal service as define~ in s. 400.402 ¢ 16} F.S.. whether such nursimz care
or personal services are ~rovided in the faciliw or in another settinsz desismated by thc amx'ement for
continuing care. to an individual not relato:l by co~initv or affinity to the tnovider furnishin~ such
car~, u~on taavmcnt of an entrance fee, which is licensed bY the d _epamn~t of insurance of the State Gl
Florida pursuant to s.651 F.$,
Group housing unit: A room or rooms coaxgx-'ted together, constituting a selmmte, independent
housekeeping establishment and physically separated from any other rooms or group housing
which may be in the same strucuav., with or without complete kitchen facilities, and containing sleeping
facilities and sanitary facilities. A group housing unit is applicable to the following types of structures:
family care facilities, group care facilities (category l and category Il), care units, and masing homes:.
and assisted living ar)d ¢0ntinuimz care facilities. (See section 2.6.26).
Words ~ are deleted, words pu~de~lined are added.
May29.1997
Nursing home. rext home or extended care facility: Sec 2d~!: Cz::.~'z£a:c ...... o .............
~ted I~ne facili~ (A
~ .... :-- (GM~ G~uo hou~in~ develoomeM
2.6.26.1. ~neral Reauirement~, All g~up ho~ing s~ct~s sh~!
~~cnm s~ifi~ for each ~ of s~ct~:
meet the following
Site development plan (SDP) approval in conformance with division 3.3 (with
the exception of a family care facility).
All applicable state and county building and fire code standards.
2.6.26.1.1.
2.6.26.1.2.
3. All applicable state and county licensing requirements.
Family care facility. A family care facility shall be treated as a single dwelling unit for
thc purpose of determining applicable development standards and, therefore, shall
conform to the standards identified for a single-family dwelling unit or mobile home in
the zoning district assigned to the property, as well as other applicable standards found
in the zoning code. However, a new family care facility shall not be located within a
radius of 1,000 feet of another existing family care facility.
Group care facility (category I and category II). A group care facility shall be governed
by the development standards identified in the zoning district assigned to the property
and the following standards:
1. Minimum habitable floor area.
Oxoup care facility (category I): 1,500 squa~ feet plus 200 square feet
per live-in person, beginning with thc seventh live-in person.
Group care facility (category II):
(1) Homeless shelters: 1,500 square feet plus 150 square feet per
live-in person, beginning wit the seventh live-in person.
(2)
Uses other than thc homeless shelters: 1,500 square feet pl~ 200
square feet per live-in person, beginning with the seventh live-in
person.
Words ~ are deleted, words ~are added. 8
2.6~6~.
May 29. 1997
Minimum lot arec~
Cn'oup car~ facility (category I): 6,000 square feet plus 1,500 square feet
per live-in peraon, beginning with the seventh live-in person.
Group care facility (category II):
(l)
(2)
Homeless shelters: 6,000 square feet plus 400 square feet per
live-in person, beginning with the seventh live-in person.
Uses other than homeless shelters: 6,000 square feet plus 1,500
square feet per live-in person, beginning with the seventh live-in
person.
Parking required. Two parking spaces per five beds (minimum requirement:
two parking spaces).
Separation requirements.
8..
Ancw group care facility shall be required to be located greater 1turn a
radius of 1,200 feet from any other exi~ing group care facility (applicable
to the RMY:-6, RMF-12, RMF-I 6, RT, ~,a~d VR zoning districts).
A new group care facility shall be required to be located greater than a
radius of 500 feet from any other existing group care facility (applicable
to the A, es%ates, and RSF 1-6 zoning districLs).
Distance requirements shall be measured along a straight line from the
ncares~ point of the existing group care facility property to the nearest
point of the proposed new group care facility property.
Special setback requirements. No structure shall be erected within 20 feet of any
abutting lot or parcel which is zoned residential, nor within 25 feet of a road
right-of-way.
6. Landscaping requirements. As in division 2.4.
Words .;~dt4h,~b- am dttetad, worth undtflind ar~ addtnl. 9
May 29. 1~7
2.6.26.2.1.
2.6.26.2.2.
2.6.26,2.3.
2.6,26.2.4.
Qther care houyimr facilities: All other care housin~ environments as defined in this
code. including but not limited to care units, assisted living units, continuine cate
l~ti~¢rf, ent coxmamnities, nursimz homes, and dwelling units that are Dart of an anin~-in~
place iivin~ environment shall adhere to the foll.q~4mt standards in addition to those
established by the underlvimz zonimz districL
Maximum floor area ratio, 'l'be maximum floor area ratio shall not exceed a factor of
0,45 ( 0.4~ times the area of the vro~rtv equals the moss floor areal.
ddditional submittal reauirements: In addition to thc required SDP or conditional uae
submittal requirements of this code, develouments containing indc0endent housing units
providin~ an assisted iivin~ and nursimt care comoonent must be eraohicallv reoresentea
as _raft of the conditional use and/or sile develot~ment ulan aoolication. This m'avhic
~¢p~sentation shall denier all common areas as well az a tv0_ ical indeoendent housina
unit and shall include dimensions and saua~ footmze of each comuonenl. Additionally.
ratio of in&~ndes~t units to assisted units, and the number of skilled nursin~ beds shall
be indicated. The atyolieation shall include a statement of available assistance with
"activities of dai!v livinst", includinsz but not limited Io ambulation, m'oominm_ feediruc
l~_n_~cial manaeement, medicine manalement, and so on.
....... 6 ,-.~ ..... t---~-.~, -r---'-- ~'"-: .... (.'..:..-2~ .-'"::'..~.'"::=.-:::...: :'7.--
~ Maximum Height. The maximum heist shall be thc ~amc aa th~
underlvin~ zonimt district cxeeut as otherwise modified tlvou~ the conditional use
_uruccss for residentially zoned districts.
Special setback requirements. No structure shall be erected within 20 feet of any
abutting lot or patr~! which is zoned residential, nor within 25 feet of a road right-of-
way .~
Words W,u, b4bJ,oil~ ate deleted, words II.qlifliit~are added. 10
May 29. 1997
2.6.26.2.5.
¢iii~
lnde~ndent livin~ units. One ¢ 1 ~ ~r dwc~
Assisted livine units. 0.75 Der assisted unit
Nursin~ ca~e unils. Two (2~ _mirkin~ smces ~r five ¢5~ beds.
Words s*,~t4b~-oug, b are deleted, words IRd.eJ:llilfd.are added. ¶ 1
ORZGIN~ Planning Services Staff
LDC SECTION~ Section 2.2.8.
CHANGE: Include timeshare facilities as a permitted use in the RT
district.
REASON: The LDC definition Dwelling, Multiple-family includes the
following statement: For the purposes of this land development code,
timeshare estate facilities shall be considered as intended primarily
for transient occupancy and shall only be permitted in districts
where specifically designated. The RT district allows hotels, motels
and multifamily structures, and, although =imeshare facilities are
not specifically listed as a permitted use, there is a reference to
timeshares in section 2.2.8.4.5. Maximum density permitted..
Therefore, in the opinion of staff, timeshare facilities should be
expressly listed as a permitted use in the RT district.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
STATUS AFTERMAY 21, 1997 LDCAMENDMENT_W~%RING: The Board
did not discuss this proposed amendment on May 21, 1997.
Sec, 2.2.8. Residential tour~t district (RT).
2.2.8.2.
Permitted uses. Thc following u~cs arc permitted as of right, or as uses acccssory to
permitted uses, in the residential tourist district (RI').
2.2.8.2.1. Permitted uses.
1. Hotels and motels.
2. Multiple-family dwellings.
3. Family car~ facilities, subject to section 2.6.26.
4. Timeshare facilities.
5. Townhou~s subject to section 2.6.36.
WoFds ~ ar~ deleted, words ~ar, added. 12
Mc~29,1997
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino, AICP
Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: 2.42
LDC SECTION:
CHANGE: Amend Section 2.2.12.1 Permirted Uses for the C-Iff District to add certain Health
Services for all manner of medical r~lated offices and to make appropriate adjustments for other
sections affected by this change.
REASON: Currently the offices of various medical disciplines as defined by SIC Codes $011 to 8049
ar~ authorized as conditional uses in the C-UT disirict, and as permitted uses in thc C-2 zoning district
An analysis of the uses l:~nnitted as a matter of right in the C-UT district provide no rational or bases
for one to have determined that the offices of various medical disciplines function an y differently or
intensely than those uses authorized by right. The C-1 district was designed to function as a
professional and business office distric~ and as a transitional use to residential ar~as. Certainly the
office of a medical practitioner falls within this transitional land use theory.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
STATUS AFl'ER MAY 21, 1997 LDC AMENDMENT HEARING: The Board did not direct any
changes to this proposed amendment.
Amend the LDC as follows:
2.2.12. Commercisl professional
transitional district (C-l~r).
district (C-l) find commeFcisi pFofessionsl
2.2.12.2.
Permitted uses. The following uses, as identified with a number from the
Standard Industrial Classification Manual (1987), or as otherwise provided for
within this section, are permitted as of fight, or as uses accessory to permitted
uses in the C-I commercial professional district and the C-I/T commercial
professional transitional district.
Words o~ sre deleted, words ~tre tdded. ¶3
2.2.12.2.1.
Permitted Uses.
Accounting, auditing and bookkeeping service; (8721).
Automobile parking (7521).
Business services (groups
7374-7376, 7379).
7311, 7313, 7322-7331, 7338, 7361, 7371, 7372.
Child day car~ services (8351).
Group care facilities (category I and II, except for homeless shelters); care units
exccpt for homeless shelters; and nursing home~: assistcd livin~ facilitic~
pur~,mnt tO S, 400.402 F.S. and ch. 55A-5 F.A.C.; and continuin~ care retir~mem
~:grnm,~ities ~urs~t to s, 651 F,S, and ch. 4-193 F.A.C. all subject to Section
2.6.26.
Engineering, architectural, and surveying services (groups 8711-8713).
Health Services (8011-8049~.
Individual and family social servic~ (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and handicapped
only).
Insuranc~ carriers, agents and brokers (group 6311-6399, 6411).
Legal services (8111).
Management and public relations services (groups 8741-8743, 8748).
Miscellaneous personal services (7291),
Museums and m sallcries (8412).
Nondepository credit institutions (groups 6141-6163).
~15, R~ cstato (group 6531-6541),
Words e#,uek-4b~,~a~t- are deleted, worth Illl.gfljil.~Lare added. 14
May 29. 1997
1 Ii.16. Any other comm~nx:ial use or professional services which is comparable in natur~
with the foregoing uses including those that exclusively serve the administrative
as opposed to the opcrational functions of a business, and are purely associatcd
with activities conducted in an office.
2.2.12.3.
Conditional uses. The following uses are permissible as conditional uses in the
commercial professional/transitional district (C-l, C-l/r), subject to the standards and
procedures established in division 2.7.4.
1. Civic, social and fraternal associations (8641).
2. Depository institutions (groups 6011-6099).
3. Educational services (821108231).
[Renumber this section as necessary]
Words s~ are deleted, words underlined are added.
1997
ORIGIN: Current Planning
AUTHOR:
Chatumn Badamtchian
DEPARTMENT: Planning Services
LDC PAGE: 2:45
LDC SECTION: 2.2.13.2.1.
CHANGE: Staff'is proposing an amendment to the C-2 Commercial Convenience zoning district in
order to remove uses not appropriate for the district.
REASON: The purpose and intent of the commercial convenience district (C-2) is to provide for
small sc, ale shopping and personal needs for the surrounding residential land uses within convenient
travel distance. In the opinion of the staff, used merchandise stores (such as pawn shops) and ~
firearm and ammunition stores do not conform to the purpose and intent of the district. Additionally,
rrTmir shops for large electronic equipment and white goods am not appropriate for the district. These
uses were inadver~ntly included in an amendment to the c-2 district during the last LDC amendm,mt
cycle under the Miscellaneous Retail and Miscellaneous Repair headings in the SIC code. This
amendment would eliminate these uses from the C-2 district.
FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or
operational impact on the County.
RELATED CODES OR REGULATIONS: None.
STATUS AIRIER MAY 21, 199/LI)C AMENDMENT HEARING: The Board did not ~ any
changes to ~hi., proposed ameadment but did ask for a clarification as to which specific SIC code
number r~en'ed to "second hand" or pawn shops. That number is 5932 which, by virtue ofthi_~
atmmdment, will be elimir~t_,~! from the C-2 district as a permitted me. '.
Amendment to the LDC ns follows:
Commercial convenience district (C-2).
2.2.13.2.
Permitted uses. The following uses, as identified with a number from
Standard Industrial Classification Manual (1987), or as otherwise provided for
within this section, are permitted as of right, or as uses accessory to permitted
uses in the C-2 commercial convenience district.
Words ~ sr~ deleted, words ~aFu added. ¶6
2.2.13.2.1.
Permitted Uses.
~6. Food mores (groups 5411 except supermarkets,5421-5499)
g7. Gasoline service stations (5541 subject to section 2.6.28.)
General Merchandise Stores (531143991
Group care facilities (category I and II, except for homeless shelters); care
units except for homeless shelters; ami nursing homcs~'~
facilities 0ursuant to s. 400.402 F.$. and ch. 58A-5 F.A.C.: and
continuing cm'e retirement communities pursuant to s. 65 ! F.S. and ch. 4-
193 F.A.C. all subject to Section 2.6.26.
I*,.13.
17A6.
-14g. 17.
-I-~.18.
Hardware stores (5251).
Health services (groups 8011-8049, 8082).
Home Furniture, Furnishing and Equipment Stores (groups 5713-5719,
5731-5736)
Libraries (8231)
Miscellaneous Repair Services (7629 - exceot aircraft, business and office
machines, large auvliances, and white ~oods such as refrigerators and
washing machines. 7631).
Miscellaneous Retail Services ~591~-5961).
Museums and Art Galleries (8412).
Paint, glass and wallpaper stores (5231)
Personal services groups (7212,7215,7221-7251,7291).
Words a4fe. k-4b~4- are deleted, woFds BlSlitllltl~are added. 17
1997
~.19. Security and commodity brokers, dealer, exchanges and services (group~
6211-6299).
~-~20. United States Postal Service (4311 except major distribution center).
Z)~21. Veterinary services (0742 excluding outside kenneling).
~-~.22. Videotape rental (?g41).
g4,.23. Any other convenience commercial use which is comparable in natur~
with the foregoing uses including building for retail, service and office
purposes consistent with the permitted uses and purpose and intent
statement of the district.
Words 0~ are deleted, words undeflin~ are added. 18
Mny 2~, I~?
ORIGIN: Current Planning
AUTHOR: Ronald F. Nino, AICP
Chief Planner
DEPARTMENT: Planning Services Department
LDC PAGE: 2.53
LDC SECTION: 2.2.15.2.1 Permitted Uses
CHANGE: To add certain Health Services uses that have not been accounted for in any commercial
zoning district to the C-4 General Commercial District.
RKASON: A review of permitted health care uses ns described at Major Group 80 of the Standard
Industrial Classification Manual reveals that no zoning district classification provides for certain health
service related land use activities. These omissions include the following: SIC Codes 8051-8059
Nursing and Personal Care Facilities, SIC Codes 8071-8072 Medical and Dental Laboratories and SIC
Codes 8092-8099 Miscellaneous Health. Oftentimes many of these uses are a function of a General
Hospital which is allowed as a matter of right in the C-4 district, therefore, the most logical approach
would be to allow nil of these uses in the C-4 zoning district.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
STATUS AFTER MAY 21, 199'/I.,DC ~MENT HEARING: The Board did not direct any
changes to this proposed amendment.
Amend the Land Development Code as follows:
2.2.15.2.1. Permitted Uses
14. ~ Health Services (Groups 8051-8059. 8062-8069, 8071-8072 and 8092-
8099).
Words ~ are deleted, words unde~n~ are added.
29, 1997
ORIGIN: Current Planning
AUTHORS: Marco Island Vision Committee Ad Hoc Land Use Subcommittee (Todd Tateo.
Chairman; Herb Savage; Art Quirmell; Bill Dunnick; Maryann Lazarus; Darrel March; Patrick Ne, ale:
Bill Morris; Jim Johnson) StaffLiaison: Bob Mulhere, AICP, Current Planning Manager
DEPARTMENT: Planning Services Department
LDC PAGE: N/A
LDC SECTION: 2.2.26. Marco Island Zoning Overlay.
CHANGE: Adoption of the Marco Island Zoning Overlay.
REASON/BACKGROUND: The Marco Island Master Plan requires the creation of vnriotu
development standards prior to development within the commercial/mixed use districts. The Ma.stet
Plan requires that these development standards be adopted within one year of the date of approval ot
the Plan. The Master Plan was found to be in compliance on Jan~uu, y 3, 1997. The Board of Count)
Commissioners directed staff work with an ad hoc committee of the Marco Island Vision Committee
(appointed by the Boant).
The nd hoc committee members, listed above, met over twenty-five times, commencing in November o!
1995. The committee's r~ommendation is to carry forward the attached Overlay Document.
recognizing that some additional work is necessary. The document provides for development standard~
which are specific to lands located within the boundaries of the Marco Island Master Plan, includin8
standards for single-family, multi-family, mixed use and commercial development, signage.
redevelopment stan~, and so on. Nonetheless, the committee was of the opinion that additiormi
district specific design and development standards may be forthcoming in the future, with the input
involvement of residents and business and property owners within the specific district. It is important
to note that the recently adopted architectural and site design standards will apply to nil comme~ial and
mixed use developments within the Marco Island Master Plan boundaries. The committee requested
that the document be brought forward during this amendment cycle, with the understanding that future
amendments/additions to the Overlay may be necessary.
The Marco Island Zoning Overlay document is broken down into several major areas including:
residential lands (single and multi-family and residential tourist which includes several timeshares and
the major hotels and motels along the beach); commercial lands (which deals with various commercial
district and sub-districts); signage; parking of major recr~tiorutl vehicles (this section is already
included in the LDC and is just being relocated into the zoning o~,~rlay); and defmltions.
NOTE: THIS DOCUME WAS AMENDED ON MAY 4, 1997, TO REFLECT
THE DIRECTION OF THE COLLIER COUNTY PLANNING COMMISSION
Words ~md~th.~,~,k- are deleted, words nnderlined are added. 20
May 29. 1997
AS STATED AT THE PLANNING COMMISSIONS PUBLIC HEARING ON
THESE LDC AMENDMENT HELD ON APRIL 9, AND APRIL 30, 1997.
The Marco Island Master Plan allows mixed use and residential in the commercial districts, but no.
until specific design and development standards have been created. Since those standards have not ye:
been created, the subcommiuee recommended requiting a PUD rezone for all mixed use or residenfiai
projects located within a area designated commercial on the Marco Island Master Plan. The rezone
process would allow sufficient public input and staff review should a land owner wish to develop a
mixed use or residential project between the date of adoption of the overlay and the creation and
adoption of district and sub-district specific development and design standards. The estimated time
frame for developing these standards is between 12 and 24 months. The County Anomey's Office, after
reviewing this document, indicates that while we cannot require a rezone to PUD, we can encourage
one. Therefore, this document does not require a PUD rezone for mixed use development within arem
designated commercial on the Marco Island Future Land Use Map, but does encourage such a rezone.
Since only the C-3 district currently allows mixed use development, and only under very restrictivt
conditions, until such time as sub-district specific development and design standards are developed.
mixed use development, for all intents and purposes, will occur under the PUD zoning district. It is thc
staff's recommendation that the Board direct staff to work with property and business owners within
each of the districts and subdistricts to develop design and development standards which will preserve
and enhance existing styles of development which are desirable and to create a "blue print" for future
development which will address existing problems and ensure the future viability of these commercial
district while adhering to the provisions of the Master Plan. It is the staff's recommendation to start
with the village Commercial District, followed by Community Commercial and Town Center Mixed
Use.
The subcommittee also recommends that for projects less than one acre in size, they be permitted to
develop subject to the development standards contained in the overlay, and where the overlay does not
address a specific development standard, for mixed use projects the development standards of the
underlying zoning district would apply. For residential developments under one acre in size, where the
overlay is silent, the development standards of the RMF-12 district would apply. Staff supports the use
of these development standards but additionally recommends requiring a conditional use approval for
all mixed use or residential projects less than on acre in size. In this way, staff can be sure that desired
site and structural improvements will occur.
The overlay proposes comprehensive sign regulation changes. For the most part, these change are more
restrictive than the County Code. The recommended changes are based on consideration and review of
the recommendations of the design charette held on Marco in April of 1995, and review by the
subcommittee of several sign ordinances from around the country including the City of Naples, Sanibel,
Hilton Head, Coral Gables, and several other codes from California and Colorado. In general, staff is
supportive of the signage restrictions proposed by the subcommittee. One area of concern, however, is
with the proposed treatment of nonconforming signs. The subcommiuee recommendation is to require
WoFds omsdi-4b~uf~ aFe deleted, words underlined are added. 21
May 29. 1997
all nonconforming signs to be altered to adhere to the overlay restrictions or be removed within one
year. At this time County Attorney's Office has not completed the review of the proposed overlay.
There may be legal issues with this proposed methodology for dealing with nonconforming signs.
Staff has had several meetings with citizens and other interest grot,ps on Marco relative to the Overla)
in general, and signage in particular. The Marco Island Area Association of Realtors (MIAAR)ha.s
reviewed the proposed overlay and while generally supportive, expressed some concerns relative to
certain aspects of the sign regulations. All of the concerns of MIAAR have been addressed except that
staff and the CCPC did not support increasing the height of various real estate signs. Said signs may be
placed on the property line provided they are a minimum of fifteen feet from the edge of pavement.
therefore it was the opinion of staff that additional height was not warranted. The CCPC agrt~ with mfr.
the
There was substantial discussion at the CCPC with respect to treatment of existing nonconforming
signs. For temporary real estate signs such as model home signs, for sale signs and the like, the overla)
allows them to remain in place until December 31, 1997 at which time all real estate signs are required
to conform to the overlay restrictions. On premise permanent signs (such as commercial wall, ground or
pole signs) may remain in place for a maximum of five years from the date of adoption of the overla)'
district signs, however, in the interim, any structural alteration shall not be permitted unless the sign is
brought into conformance with the standards of the overlay.
The subcommittee had also recommended allowing the full range of C-5 uses on various lots fronting
on the eas~ side of Bald Eagle Drive (within the Town Center District. The subcommittee felt that there
was a shortage of developable C-5 zoning and that this would make it difficult for various service
related businesses to locate on the island. The allowance for the full range of C-5 uses was further
restricted in that Outdoor Storage Facilities were prohibited as a permitted principal use, and the
Architectural and Design Standards set forth in Division 2.8. if the LDC were, of course, applicable.
Several residents and representatives of various civic groups objected to allowing additional C-5 uses
along Bald Eagle Drive. It was also stated that these uses were in conflict with the existing Deltona
deed restrictions. Staff proposed removing the allowance for C-5 uses along Bald Eagle Drive and
reviewing the appropriates and necessity of additional C-5 zoning as part of the development of
district specific development and design standards for the Town Center Mixed Use District. until
Within the Town Center Mixed Use District. The CCPC supported staffs recommendation.
Additionally, within the Town Center Mixed Use District, along Elkham Circle and several other side
su-eets, there are existing outdoor storage yards which do not conform to the buffering and scv:ening
requirements of the C-5 zoning district in which they are located. This overlay proposes to require those
storage yards to be fence or otherwise appropriately buffered within one year of the date of adoption of
this overlay.
Words o~ are deleted, words uuderlin~ are added. 22
Ma),. 29. 1997
A town hall meeting was held on February 26, 1997 at Frank Mackle Park. The proposed overlay wa~
discussed and copies were disu'ibuted. Copies were sent to the major civic organizations including fix
Marco Island Taxpayers Association, the Marco Island Civic Association, the Marco Island Ar~
Association of Realtors, the Marco Island Chamber of Commerce and the Condominium Manager:.
Association of Marco Island. Copied were made available to the press.
FISCAL & OPERATIONAL IMPACTS: The will be some fi.,-~al impacts associated with variou~
aspects of this amendment. For example, the section dealing with signs is more restrictive than the
current County sign code. There will be a cost associated with replacing nonconforming signs.
Some of the potential fiscal impacts arc difficult to quantify at this point in time. Surely the fact that the
Marco Island Master Plan now allows for mixed use and residential uses within the commercial
designated districts could have a beneficial impact on the value of some properties as then: will be a~
expanded market potential.
Operationally, there will be some impact on the County staff, at least initially, as the Marco Islam:
Overlay provides for numerous different development standards. The operational impacts will lessen a~
staff is trained and becomes familiar with these development standards.
RELATED CODES OR REGULATIONS: Marco Island Master Plan
STATUS AFTER MAY 21, 1997 LDC AMENDMENT HEARING: The Board directed staffto
revise this proposed amendment as follows: Sections 2.2.26.7.1.1.1. & 2.2.26.7.1.1.2. reword the
language under mixed use developments such that it is more easily understood and remove reference to
development and designs standards which ar~ to be developed in the future; Sections 2.2.26.10.2.1.2.,
2~..26.10.2.1.3. & 2~2.26.10.2.1.4. - revis~ setbacks from edge of pavement to be consis~nt with LDC
which provides for a minimum setback from the edge of pavement of 10 feet; Section
2.2.26.10.2.2.3.3.c (4.)- revise maximum combined size ofdir~ory signs to be 120 squar~ feet; and,
Section 2.2.26.10.2.2.4.2.(2.) revise time frame in which permanent on-pr~tise legal nonconforming
signs must be removed from five years to four years ( by June 15, 2001).
Section 2,2,26
2.2.26,1
Marco Island Zouinm Overlay District (MIZO~,
P~Irvose and Intent, The followin= design ~idelines and devcloomenl
standards arc intended to assure orderly and aooropriate dcvclooment on Marco
Island, while still vrovidint sufficient flexibility for the vrooctw owner and
desinn vrofessional. This document is intended to ~rovide rct, ulation and
direction under which the s~rowth and develovment of Marco Island can occur
with assurance that the tropical, small town environment of Marco Island is
Words s~ are deleted, words underlined are added. 23
1997
2.2.26.2
protected and preserved, and that development end redevelopment reflect iht
~mique residential and commercial characteristics of thc Island,
Geotnt_ohie Boundaries, These !uidelines and standards a~plv Io those land:
covered by the Marco Island Master Plan, This includes the land from the Jollx
l~ridsze southward and abuttintt the Gulf' of Mexico to the w~st. Caxambas Pas~
and Caxambas Bay to the south, and Big Marco Pass to the northwest.
Marco River to the north and northeast, and Barfield Bay to the southeast. Thi.~
a~v¢ d¢.wribed area includes all of the following _olattcd subdivisions, as well
any future subdivision of land within the area covered by the Marco Islanc
Master Plan; Ma,mo Beach Subdivision. Units ! throu~zh 13.15.21.22. 23. anci
2:~; Collier City Subdivision and Old Marco Villa~ze Subdivision (a/k/a "Old
Marco" ): Marco Hiizhlands and Marco Hi~.hlands Addition (AKA
Fliehlands"l: Kraof Subdivision: J. M. Barfield Subdivision: Caxambas Estat~
2'~ Replax and Seven Sailors Subdivision. These regulations do not aeolv to tl~
m'e~s lmown as Goodland. or any areas in the Marco Shores PUD/DRI.
iri;ludin_~ the Kev Maz¢o Dcvelo_oment (AKA Horr's Island1. Caoc Marco PUD.
Md Hideaway Beach PUD. The areas included in the Marco Island Zonirm
Overlay District are denoted on the official Collier County Zonin! Atlas Maps b~
th~ d¢~;ignation lVflZO followine the zonimz desiimation.
Words ~mek-t~eeg~ are deleted, words underlined are added. 24
From:
Copy:
Date:
Re:
The Board of County Commissioners
Bob Mulhere, AICP
Current Planning Section Manager
Michael McNees, Interim County Manager
David Weigel, County Attorney
Vincent A. Cautem, Admini~h-alor
Community Dev. & Env. Services Division
Marjorie Student, Assistant County Attorney
Wayne Arnold, AICP, Director
Planning Services Department
M~ Kenyon, Cl~k to the Board
May 29, 1997
January 1997 LDC Amendment Cycle - Changes dir~ted by the Board at the fit-at
LDC amendment hearing held on May 21, 1997.
Due to the number of changes to the proposed LDC amendments, and thc rclatively short
time fi'amc bctwcen LDC hearings, staff was unable to complete the revisions and includc
them into the Exccutive Sununary Packet for thc June 4~ hearing.
I have attached each of the proposed amendments below in numerical order. I have added
a brief statement on the status of thc proposed amendment after the May 21, 1997 hearing.
For yom convenience, I have shaded any changes directed by the Board at the May 21,
1997 hearing. Copies ofthis memorandum will be made available to any interested
members of the public both prior to and on the evening of the June 4, 1997 LDC
amendment hearing.
OI~ZGZ~: BCC
AU~BO~: N/A
D~Al~l~4~: Planning Services
~DC ~C~ZO~: Division 1.18.
C~AHG~: Incorporation of Collier County Streetscape Master Plan by
reference into the LDC.
~O~: The Streetscape Master Plan was adopted by the BCC in
January. At that time staff was directed to incorporate the
Streetscape Master Plan into the LDC by reference.
FZSCA~ & O~TZO1~%~ Z14~AC~S: Incorporation of the Streetscape Master
Plan by reference into the LDC will have no fiscal impact on the
County or the development community as the Streetscape Master Plan is
already approved and effective.
~ CO~lS OR I~GU/dkTZO1~S: None.
Words a#q~4k~gk- aFe deleted, words glldrJ:Ug.ed.m'e added. 2
May 29. 1997
~[ESTERN
MARCO ISLAND
LANDS IUIJIO! TO PROVISIONS OF MARCO ISLARD ZONINI OVERLAY
Words ~ are deleted, words underlln~ are added. 25
May 29, 1997
EASTERN
MARCO ISLAND
LANDS SUBJECT TO PROVi$10NS OF MARCO ISLAND ZONING OVERLAY
WoFds J~ ore deleted, words nnderl~ are added. 26
May 29. 1997
2.2.26.3
2.2.26.4
2.2.26.5
2.2.26.6.
2.2.26.6.1.
2.2.26.6.1.1.
2.2.26.6.1.2.
Applicability_. These standards and guidelines are applicable to the above
described geo_m-aphie area. These regulations are intended to su.m)lement the
existing land development regulations found in this code. and to thereby
implement the policies, goals and ob_iectives fiaund in the Marco Island Master
Plan. In the event of a conflict between other provisions of this code and these
re_trulations, these regulations contained in this overlay shall apply,
Exceptions to these Design Guidelines and Development Standardq,
Exceptions to the develonment standards r~v be approved by the board of
zoning appeals subject to the procedures and conditions set forth in section 2.7.5
of this code. and nursuant to the PUD procedures set forth in Section 2.7.3. of
Nonconforming Uses and Structures. All pro. iects having been _re'anted a final
site development plan. or building permit approval prior to the effective date of
this Ordinance. but which do not comply with the standards contained her;in
shall be considered legal nonconforming structures and/or uses. Stmctur~ and/or
uses in existence as of the date of adoption of this overlay district which am not
consistent with the provisions set forth herein_ shall enjoy all of the rights
accorded to a conforming use. subject to all other applicable county codes and
ordinances, except that nonconforming si_tm~ shMl be subject to the provisions of
Section 2.2.26.10.2.2.4. of this code. Chances in nonconformine uses shall be,
permitted in accordance with division 1.8 of this code. Redevelopment shall
adhere to the conditions found in division 1.8 of this code. All lots ofrecorcL n,~
defined in this code. which do not conform to the standards set forth herein_ shall
be considered nonconformine lots of record and shall be afforded all right~
gll~,;' such as set forth in this code.
Lands Designated Residential on the Future Land Use Map of the Mar~
Island Master Plnn.
Single Family. Single-family slrucmres are nermitted in the Low Density
Residential District set forth in the I.and Use Desi_trnation Descrinfion Section of
the Future Land Use Element of the Marco Island Mast~ Plan.
Permitted. Conditional and Accessory Uses: As found within section 2_2.4..
residential sin_~le-family districts _fl~gF~. of this code
Development StandardS: As found within Section 2.2.4.4.. dimen_~ionnl
standards_ of this code. except as noted below;
WoFds sMs~-4b~nl~b, are deleted, words IHldtr.]l~aLare added. 27
May29. 1997
2-2-26.6.13.
2_2.26.6_2.1
2.2~.6.6.2.2.
1. Minimum yard requirements.
a) Front Yard: Twenty-five feet.
1. Lots with one-hundred feet or more of street fi~ntaee - 8 feet.
2. Comer lots with fronta-ee of one-h~mdred feet or mom on one tmblic
Lots with less than one-hundred feet of street frontage - 7.5 feet_
2. Maximum Heir_bt:
g}_ Principal Structures. 35 feet_ as measured from FF. MA minimum
reauired flood elevation_ or. whea~ no minimum F'EMA, elevation
been established, from the tnmuir~ first rial.abed floor elevation.
b)
Accessory Structures. 20 feet. as rneasm~ from e~i~tlno ~'ound
elevation_ on avera_~e, of the subject parcel exeent for attached screen
enclosures which may ~ the maximum hel-eht permitted for the
mincinal structure.
3. Minimum Floordrea: Fifteen hundrmt (1500_1 souare feet of Hvln=
4, Maximum Densi~.: 4 dwellin-e units ~ acr~,
D~i_~rn Standards nnd Guidelines: [Rese~
Multi-Family. Multi-family s~zuctures are .tmrmitted in the Medium and Hi_eh
Densi .ty Residential Districts set forth in the Land U~ Desim~atlon De~'~'i~fion
Section ofthe Future I~nd Use Element of the Marco Island Maater plan,
Permitted. Conditional nnd Accessory Uses: As found within secfiorm 2.2_~.
RMV-6: 2.2.6.. RM~-I2: and 2.2.7. RMF-16: of the land devel _opment ~4~.
baaed on the underlyin? zonln-e deai_m~ntion of the _ .m~9~,-,
Develonment Standards: As found within sections 2.2.5.4, dimL, n.don,l
~ _(RMF-6): 2.2.6.4. dimensional standards _(RMF-12); and 2.2-7.4
Words ~ are deleted, words ai/ltZll,ll~kar~ add~l. 28
29. 1~97
2.2.26.6.2.3.
2.2.26.6.3.
2.2.26.6.3.1,
2.2.26.6.3.2.
2.2.26.6.3.3.
dimensional standards (RMF-16): of this code based on the underlyin_~ zonin_~
designation on the property, and as set forth below.
1. Minimum yard requirements
a) Wate~_ront Yard: Twen _ty feet (20') at a minimum.
Maximum Densi~_; Densi_ty within districts allowine for multi-family
residences shall not exceed the density set forth for Medium and High
Density Residential Districts. as the case may be. as set forth in the Futur~,,
Land Use Element of the Marco Island Master Plan.
Dc. si_on Standards and Guidelines: [Reseryg'fld
Residential Mixed Use. The Marco Island Master Plan_ in the Residential ~ixo
Use District. limits residential dwellings to multi-famil), structure. Hotels
motels and family-cam facilities am permitted. Non-residential uses permitted in
this district am limited to those that am compatible with and/or s .u~o. rt
character of the area. These uses include: parks, open space and recreational
churches, schools, libraries_ cemeteries and essential services as defined in
Section 2.6.9.. essential services_ ofthls code.
Permitted. Conditional and Accessory Uses. As provided for in sec~on 2.2.g..
residential tourist district, of this code. Parks and open spaces shall be .t~.rmitte~
uses. Recreational uses which art: not acc~sory to a permitted principal us~
school cemetery_ or library_ shall be conditional uses and essential services shal!
either be permitted or conditional uses as set forth in section 2.6.9.. essential
services, of this code.
Develonment Standards: As found within section 2.2.8.4.. dimensional
standards, of this code or as may otherwise be provided within a PUD zonlno
-
Deal_tm Standards and Guidelines: [Reservedl_
Lands Deal_treated Commercial on the i~ntnre Land Use Ma_n of the Marc~-
Island M~ter plan-
Development and Dimensional Standards. and Desi_~rn Guida. line~
Commercial Mixed-Use and Malt-family Develonmentm ~
p.mpc-riles desi?ated commercial on the Future Land I]se Mnn of the
Words J~ are deified, words lmdr, tfllif~are added. 29
~a~9.1997
Island Master Plan allow for mixed residential and commercial development.
These districts are: the Village Commercial District: the Community Comm~rcial
District: and the Town Center/Mixed Use District. Additionall_~. the ¥illa~,
Commercial and Town Center/Mixed Use DL~ricts allow for residential multi
family uses. The dimensional and development standards provided in this co~c.
for the underlyin_~ zonin? district shall apply, except as otherwise provided for
below. The Master Plan calls for the creation of develooment standards to
applied in the case of mixed-use or residential develonment within
desi_enated commercial on the Marco Island M;~ster Plan Future Land Use Man
This overlay district will be amended as necessary_ as development standards f~,
specific districts are developed. In the interiru, the following procedures fo,
mixed use or residential development on property desi~ated eomm¢i¢ial by th,',
Marco Island Master Plan shall apply:
commercm] a~e~ fo~l'mnvle .ro~cct or l~t61d~nU o~ l~ndn '~.-: .... * "~ ....... -,;,
Words .;a[uk-4bPou~ are deleted, woFds llldr, r. llzLc~are added. 30
29. 1997
2.2.26.7.1.1.3.
standards for residential development in a commercial district or subd;.~rlct~
the develot~ments standards t'or the RMF-12 district shall be ufili~xt as ~
euideline for the PUD. ~. :, .~ ,
Multi-famil_v residential development on projects le.s~ than one acre in Mze.
Multi-family development shall be permitted where the under_lying zoning on
the property permits residential multi;family uses_ sub_iect t°"the derMty
provisions of the underlyin? zoning district and the Marco lslm~d Master
Plan. Where the underlying zoning does not permit multi-family uses_ ~ueh
use may be requested subiect to the _~siona and _m'oetxhmm set forth in
Section 2.7.4.. conditional use pnmeduren_ of thin code. Th'e.~ifional usg
application shall include the submittal of a Site Develomnent-or 'Site
Improvement Plan. as is applicable. Wh~t addresses the omvlsi6na set forth
in section 2.6.26.7.2.. additions, sit~ inmmvements and ti~develOmnent
Where the underl_ving zoning permits residential multl-familv uses at
densi _ty less than that permitted by the Marco Island Master Platt-the ~
may be rezoned to an ap.trropriate district allowing a densl _ty which does no!
exceed that permitted by the Future Land Use Element of the Marco Island
Commercial Developments. Projects proposing only commercial uses with nc
residential component, located in a commercial zoning district which permits the
proposed commercial users1 shall adhere to the development standards set forth
in said zoning district. Pro_leers proposing commercial uses with no residential
component, located in a residentially zoned district shall be required to rezone t0
an appropriate commercial district or may rezone to a PUD zoning districl
subject to the provisions of'section 2.2.20. of this code. except that the minimum
size shall be one acre.
2.2.26.7.1.2.
Community Commercial District - The purpose of this district is to provide fo,
centers of' activity that serve the needs of the surrounding community. The fly,
separate areas designated Community Commercial on the Marco Island Futur~',
Land Use Man. are further identified below as sub-districts. Due to the unique
located along the east side of Collier Boulevard. in close proximi _ty Io the Gull'
Words ~q~,e41~,,ee~a. are deleted, words liltdlfJlRtd, are added. 31
Mny 29. 1997
of Mexico. north of,gan Marco Road f5R 92~: nnd_ Collier Boulevnrd Pedes~rinn
Tourist Sub-District South_ also located on the o~t~ side of Collier Boulevard. in
clo~e nrnximity to the Gulf of Mexico. 5outh of S~n Mm'co Ro~L The
botmd~ies of the Collier Boulevard p_~e~rian Tottrist District are dep. icted on
Man # 3 and M~ # 4 below. Both the North and South Collier Boulevm'd
pedestrian Tourist Sub-Dis'tricts are located in dose proximi _ty to. and thus serve.
thon*tnd.~ of time shar~, hotel and multi-f~nily dwellln~ units.
Words ~ m'e deleted, woFds unde~n~ tFe added.
A4cty 29. 1997
COt. I. IIR BOUI. IVARD PEDESTRIAN TOURIST SUIDISTNfCT (NORTH
OP THI COMMUNITY COMMIRClAt. DISTRICT
Maps
IICTION)
Words ~t-th~q~th- are deleted, words nnderHn~ are added. 33
May 29. 1997
P~dAK I
IdA~II2.L~
COLLllll BOULEVARD PIDliYklAN TOURIST SUIDIBTRICT (SOUTH SECTION)
OIB THI COMMUNITY COMMINClAL DIITRICT
Words 8,q~V4b~ are deleted, words ~are added. 34
May .29. 1997
2.2.26.7. I.2.1.1.
2.2.26,7,1.2.1.2.
Permitted. Conditlonnl nnd Accessory Uses. As permitted in the underlying
zoning district, except that mixed use development is permitted, subject to the
provisions set forth in section 2.2.26.7.1. of this code. All uses and structures that
are accessory_ and incidental to multi-family dwellings_ as provided for in section
2.2.6.2.2. of this code. shall be permitted in conjunction with an approved mixed
Development Standards:
Commercial Uses. The development standards for the underlying zonina
district shall apply, except as follows:
Required yards: ~s set forth in the undcrlyin_~ zoning districL
1. Rear Yard: 25 feet
Side Yard: 0 or a minimum of 15 feet except where the
adjacent parcels are developed, in which case the required
side yard may be 0 to 15 feet however in no ease shall the
separation between structures be less than I 0 feet..
]ocated on the first floor shall be structurally separate! fxom ccmmergial
units and shall have separate and distinct en _trywaya and shall not be
located ad_iacent to collector or arterial roadways.
Minimum Dwelling Unit Area: Efficiencv- 450 ~uare feet: one
bedroom - 600 square feet: two or more bedrooms - 750 squar~
feet.
Maximum Densi~_: 12 units per acre.
Commercial and Mixed-Use. The following development standards _a~_ ly
to all development within the Collier Boulevard Pedestrian Tourist Sub-
commercial, not to exceed forty_ feet (40'_L
Words ot~ are deleted, words nnderHn~ are added. 35
1997
2.2.26.7.1.2.1.3.
2.2.26.7.1.2.2.
Parking_: The minimum numb~.'r of off-street parking spaces shall
be rec~.uired on-site, as provided for in division 2.3 of lhis code.
unless one of the following is approved: an off-site or shared
parking petition pursuant to the requirements and procedures set
forth in division 2.3 of this code: a variance from the reo. uired
number of parking spaces as provided for in section 2.7.5. of thi.~
code: or. with the submission of a multiple site imnrovernent
plan (MSDP} or site development plan (_SDP~ pursuant to the
provisions of section 2.2.26.7.2.. two or more adjacent project-,~
located within the boundaries of the Collier Boulevard Pedestrian
Tourist Sub-District may be approved for a fifteen percent ¢15'/,~
reduction in the required amount of on-site parking. ,Additionally,
where the combined commercial square footage of the two or
more adjacent projects is eo.l,l~l to or _creater than 20.000 sq_uare
feet. req. uired parking may be based on the ratio provided in
division 2.3 for shopping centers. The twen_t3, percent (20%)
limitation on restaurant so. uare footage within a shopping center
set forth in division 2.3. of this code may be increased to thirty
Parking areas located off aUevs shall be exempt fl'om the
provisions of sections 2.3.4.11.9. and 2.3.4.12.4. of this code and
may be utilized to accommodate loading, employ~ partdng
solid waste pick-up and other service functions, pa-icing ar~
reo. uired to support residential uses shall be primarily located
Commercial Design Guidelines: Subject to the provisions of division 2.8,
Architectural and Site Design Standards and Site Design Standards for
Commercial Buildin?s and Pr0j~ts.
Barfleld Sub-District This sub-district is located at the intersection of Barfield
Drive and San Marco Road (SR 92~. This sub-district is predominantly
developed with neighborhood commercial _type uses including a large _~xocery,
drug and hardware store, restaurants and various retail shops. The l~arfield Sub-
District is surrounded by established single family nei?.hborhoods. Th_,.
boundaries of the Barfield Sub-District are denicted on Man # 5 below.
Words .W,adt4h~qmat~ are deleted, words nndrxllitt~are added. 36
May29.199?
14:I3C~A CT.
IANFleLD 5UIDISTRICT
OII THe COMMUNITY COMMERCIAL DISTRICT
Map $
Words (4~qk4t-tk~,~tgb- are deleted, words anderlln~ ire added. 37
~a~ 29. 1997
2.2.26.7.1.2.2.1
Permitted. Conditional and Accessory_ Uses. As permitted in the underlyin~
zoning district, except that mixed-use develonment is permitted, subject to the
provisions set forth in section 2.2.26.7.1.of this code. All uses and sln~ctures that
are accessory, and incidental to multi-family dwellings, as provided for in section
2.2.6.2.2. of this code. shall be permitted in conjunction with an approved mixed
2.2.26.7.1.2.2.2.
Development Standards:
Commercial Uses. The develonment standards for the underl_ving zoning
district shall apply, exert as follows:
Required yards: ....
1. Rear Yard: 25 feet
separation between structures be less than 10 feet.
Mixed Use: Mixed uses are permitted subject to the nrovisions set forth in
either be located in an indenendent multi-family structure, or located
P. esidenfial units shall not be located on the fa'st floor of any mixed-use
a)
Minimum Dwelling Unit Area: Efficiency - 450 sa. uare feet: one
bedroom - 600 square feet: two or more bedrooms - 750 muare
b) Maximum Density: 12 units per acre.
Commercial and Mixed-Use. The following development standards _mLply
to all develonment within the Barfield Sub-District.
Maximum Height: Three habitable stories, whether residential or
commercial, not to exceed forty, feet (40q.
Words ~ are deleted, words underl~ are added. 38
May 29. 1~97
b) Parking: As provided for in the division 2.3. of this code.
2.2.26.7.1.2.2.3
Commercial Deslun Guidelines: Subject to the provisions of Division 2.8..
Architectural and Site Desi_en Standards and Site Desi_sm Standards for
(~ommercial Buildings and Projects.
2.2.26.7.1.2.3.
Marco Lake Sub-District - The Marco lake Sub-District is located adjacent to
Marco Lake on the south side of First Avenue. and between Front Street and
Marco lal<e Drive. Existin? land uses vary_ widely from r~tail sho~s, restaurants
and eall~i~, and a hotel, to medical and eon~xactor's offices with out~ide stora[,e
areas. Most existinst structures are two story_ and wer~ constructed in excess of
twenty_ years ago. This is an older subdivision with small twen _ty-five foot wide
platted lots. The boundaries of the Marco Lake Sub-District are depicted on Man
# 6 below.
Words .;lqi,k-th~*~ are deleted, words ltlldr, tJlzttd, are added. 39
May 29. 1997
~ *a·
MARCO LAKI SUIOISTRICT
OF TH! COMMUNITY COMM~IRClAI. DISTRICT
Map6
Words o~k4blnm~a- are deleted, words Iuldr. tlllt~i, are added. 40
May29,1997
2.2.26.7.1.2.3.1.
Permitted. Conditional and Accessory_ Use~As .~-~mitted in the underl~n~e
zoning district, except that mixed-use development is permitted, sub_ieet to the
nmvisious set forth in section 2.2.26.7.1 .of th_i.~ code. All uses and structures that
are accessory and incidental to multi-family dwelling, as provided for in section
2.2.6.2.2. of this code. shall be permitted in conjunction with an .approved
mixed-use develonment.
2.2.26.7.1.23.2. Development Standards:
L
Commercial Use~. The develooment standards for the underlvlna zonin~
district shall apply, except as follows:
Required yards: As set forth in the underlying zoning district
except as follows:
Side Yard: 0 or 5 feet with a minimum separation of 10
feet between structures.
2. Rear Yard: 15 feet.
Mired-Use: Mixed-uses are permitted subiect to the provisions set forth
in section 2.2.26.7.1. Residential components of any mixed-use
develonment shall be located above commercial tls~a. Residential units
shall not be located in an independent multi-family structure, nor on the
first floor of any mixed-use structure.
a~
Minimum Dwelling Unit Area: Efficiency - 450 saua~ fffcR one
bedroom - 600 square feet: two or mor~ bedrooms - 750 ~uar~
Maximum Demi_tv: 12 units ~ acre.
Commercial and Mired-Use~. The following development laandards
.n!~ply to all develonment within the Marco l.nlce Sub-District.
a)
Maximum bleight: Three habitable stories_ whether residential
commercial, not to exceed forty_ feet (40').
Worda ~qm~An, eq~ are deleted, words glidr, tllal~are added, 4t
May 29. 1997
2.2.26.7.1.2=3.3.
2.2.26.'/.1.2.4.
Parl~ng: For commercial uses. ns required in division 2.3. of this
code. The existing Marco Lake Drive Business District nrovides
for reduced parking for properties located within its boundaries. A
petition to expand the boundaries of thc Marco Lake Drive
Business District to include additional public on-street parkln~
along Front Street may be submitted to the board of coun_ty
commissioners for consideration. The board may I;onsider the
following factors in reviewing such a request: the number of
property, owners ad_iacent to the east side of Front Strut and the
south side of First Avenue supporting the request: evidence of
financial commitment on the p,'u't of such property', owners to fund
any improvements within the fight, of-way required to expand the
boundaries of the Marco Lake Drive Business Dislzict:
maximization of available on-site parkin_~ on properties located
within the existing and proposed boundaries of the district, and_
the impacts to the public health, safety and welfare as a result of
an expansion of the district.
Commereinl Design Guidelines: Subject to the provisions of division 2.8..
Architectural and Site Deal_ma Standards and Site Design Standards for
Commercial Buildings and Projects.
Community Center Sub-District . The Communi _ty Center Sub-District i,~
located in the eeoersnhic center of the IslancL and contains such existine land
uses as the Marco Island Firehouse. the Marco Island Healthcare Center. various
medical and other nrofessional offices. The boundaries of the Community Center
Sub-District are depicted on Map # 7 below,
Words ~ are deleted, words ~derlln~ are added. 42
May29.1997
TRACT
COMMUNITY CINTiR SUBDISTRICT
OII TNI COMMUNITY COMMIRCIAI. DISTRICT
Words ot~ tre deleted, words underlln~ nre ~dded. 4.3
May 29. 1997
2.2.2G.?.L2.4.1.
2~.26.?.1.2.4.2.
Permitted. Conditional and Accessory Uses. As permitted in the underlyimz
zoning district, except that mixed-use develonment is permitted, su~cct to the
provisions set forth in section 2.2.26.7.1.of this code. All L:ses and structures that
are accessory_ and incidental to multi-family dwellings, a'Lprovided for in section
2.2.6.2.2. of this code. shall be permitted in conjm~ction with an approved
mixed-use development.
Development Standards:
Commercial Uses. The develonment standards for the underlCng zonina
district shall apply, except as follows:
Required yards: ~s set forth in the underlying zoning districL
t~ear Yard: 25 feet
Side Yard: 0 or a minimum of 15 feet except where the
adjacent t~arcels are developed_ in which case the required
side yard may be 0 to 15 feet however in no ease shall the
separation between structures be less than 10 feet.
Mixed-Use: Mixed-uses are permitted subject to the provision~ set forth
in section 2.2.26.7.1. Residential comrmnents of any mixed-me
d¢¥¢lopment shall be located above commercial uses.
Minimum Dwelling Unit Area: Efficiency - 450 square feet: one
bedroom - 600 square feet: two or more bedrooms - 750 squar~
b) Maximum Demi.tv: 12 units per acm.
Commercial and Mixed. Uses. The following dev¢l,opment standards
apply to all develot~ment within the Communi .ty Center Sub-District_
Maximum Height: Thre~ habitable stories, whOher residential or
commercial, not to exceext forty_ feet (40').
b) Parking_: As required in division 2.3 of this code.
Words mqNl~.3H.~- are deleted, words nnderlln~ are added. 44
M~y 29. Ig97
2.2.~26.7.1.2.4.3.
2.2.26.7.1.3.
Comm~relll Desi~tm Guideline~: gub_i~ct to the nmvisions of division
_Architectural and ~it_o D~i_a~ ~tandards and ~ite Desi_a~ .~tandards for
Commercial Buildin_~ and Projects.
Villa~_e Commercial District. The pm'po, se of this district is to nmvide ·
mixture of re~jd~tial uses and .a~o. mpriate commercial uses to maintain the
histodc, v/lla_~e character of the area. The bounch~ie~ of the Villa_~e CommerciM
District are deoicted on Mat~ # 8 below.
Words Jlateb4boulb- are ddeted, word~ underiln~ are mddecL 4~
1997
~ CO, mT
2.2.26.7.1.3.1.
V1LLAII COMMeRCiAl. DIBTRICT
Permitted. Conditional and Accessory Uses. As _t~-rmitted in the tmderlying
zonin_~ district_ extent that mixed-use develonment is _t~-rmitted_ subject to the.
Worda ~ m'e deleted, wor(~ uuder~ sre added, dB
Ma~ 29. 1997
2.2.26.7.1.3.2.
provisions set forth in section 2.2.26.7.1. of this code. All uses and structures
that axe accessory_ and incidental to multi-family dwellings, as provided for in
section 2.2.6.2.2. of this code. shall be p~m'nitted in conjunction with an
approved mixed-use development.
Development Standards:
1. Commercial Uses.
Merchandise Storage and DL~plav: Merchandise storage and
display is permitted on properties zoned C-5 within the
boundaries of the Village Commercial District as an accesso~ use
to permitted commercial uses. subject to the conditions and
requirements set forth in Sections 2.2.15~.5. mad 2.2.15V,.6. of
this code. Additionally. chain link fencing is not permitted when
visible fi-om a public street, exc~t in conjunction with landsc .ape
l~lantings which provide a minimum 80% opacity_ at a height of
~ix feet at the time of planting, Existing outdoor smrasze areas
located within the Village Commercial District shall conform to
this provision, as well as the provisions set forth in Sections
2.2.15~.5 and 2.2.15V~. 6. within one veer ofthe date of
adoption of this overlay district.
Mixed. Use and Residential: Multi-family rt:sidenfial and mixed- uses am
permitted subject to the provisions set forth in section 22~6.7.1. of this
code. Residential components shall either be located in an indenendent
multi-family structure, or shall be located above commercial uses if
located within a mixed-use structure.
a)
Minimum Dwelline Unit drea: Efficiency - 450 ~uam feet: one
bedroom - 600 square feet: two or more bedrooms - 750 so. uam
feet.
b) Maximum Densi~.: 8 units per acre.
a
Commercial. Mixed-Use and Residential. The following devel _opment
commercial, not to exceed forty_ feet (40'_1.
Words ~ are deleted, words ItadttJJzttd.are added. 47
29. 1997
2.2.26.7.1.3.3.
2.2.26.7.1.4.
Parking: For commercial uses. as required in division 2.3 of this
Code. The minimum number of off-street parking spaces shall be
r~.uired on-site, as orovided for in division 2.3 of this code.
unless one of the following is approved: an off-site or shared
i~arking petition pursuant to the. requirements and procedures set
forth in division 2.3 of this code: a variance from the required
llurnber of parking spaces as provided for in Section 2.7.5. of this
code: or. with the submission of a multiple site imnrovement plan
(MSDPI or site development plan (SDP) pursuant to the
provisions of section 2.2.26.7_2. of this code. Two or more
adjacent projects located within the boundaries of the Village
Commercial Sub-District may be .as..m. roved for a fifteen ~:rcent
(15%) reduction in the reo_uired amount of on-site parking.
Additionally. where the combined commercial square footage of
the two or more adjacent projects is equal to or _re'eater than
20,000 square feet. required parking may be based on the ratio
provided in division 2.3. of this code for shopping centers. The
twen _ty percent (20%) limitation on restaurant square footage for
shopping centers set forth in division 2.3.. may be increased to
thirty, percent (30%).
Commercial Desit, n Guidelines: Subject to the nrovisions of division 2.8_
Architectural and-Site Design Standards and Rite Desi_ma Standards for
Commercial Buildings and Projects. Develonment of new sWucturea which
~mploy architectural features consistent with those _ts?ieally utilized on exlsfimt
historic slxuctures in the district is encouraged. Historical structures located ill
the area include the Captain Collier House. which ineo .rporates architectural
features _t~_ ical of the Florida Cracker style, including metal roofs and covered
porches: and the Old Marco Inn which into .rporates gabled roofs_ and detailed
trim and architectural features.
Town Center/Mixed Use District - This district is intended to be the major
activity_ center serving the community_ of Marco Island and as such to function as
a center of residential, commercial and entertainment activities on Marco Island.
This District permits residential and commercial development, as well as mixed
use projects. The boundaries of the Town Center District are depicted on Man # 9
below.
Words et~J,-fi~q~ are deleted, words underl~ are added. 48
I~c~ 29. 1997
TOWN ClNTIII COMMINClAL DISTRICT
Permitted_. Condiflonll and Accessory_ Uses. As _t~-rmitted by the underlvinu
zoning districL except ~s follows:
WoFds ~ are deleted, words Glzdr. tllatd, tre added. 40
Ma~ 29. 1997
L
Commercial Uses. The full range of commercial uses. aa permitted by the
underlying zoning district are permitted.
Multi-family residential and mixed:l~sex. Multi-family residential and
mixed.uses are permitted subject to the provisions set forth in section
2.2.26.7.1. of this code. Residential components shall either be located in
an independent multi-family structure or shall be located abgye
commercial uses if located within a mixed-use structure.
2~..26.7.1.4.2. Development ~;tnndnrO~
Commercial Uses. The development standards for the underlying zoning
district shall apply, except aa follows:
Merchandise Storage and Display: Merchandise storage and
display is permitted within the boundaries of the Town
Center/Mixed Use District. as an accessory_ usc to permitted
commercial uses. subject to the conditions and requirements set
forth in Sections 2.2.15~.5. and 2.2.15V~.6. of thin c~le.
Additionally. chain link fencing is not permitted when visible
fi'om a public street extent in conjunction with landse.~pe
plantings which provide a minimum 80% opacity_ at a height of
six feet at the time of planting. Exi~n? outdoor storage ar~
located within the Town Center Mixed Use District shall Gonform
to this provision, as weU aa the provisions set forth in secfionq
2.2.15 V:.5 and 2.2.15 B. 6. of this code within one year of the
date of adoption of this overlay districl,
Mixed-Use and ReMdentiah Multi-family residential and mixed- uses are,
permitted subject to the provisions set forth in section :2.2.26.7.1. of this
code. Residential eomoonents of any mixed- use development shall either
be located in an independent multi-family structure_ or shall be located
above commercial uses if located within a mixed-use structttm
Minimum Dwelling Unit .4rea: Efficiency - 450 square feet: one
bedroom - 600 sauare feet: two or more bedrooma - 750 sa_uar~,
b) Maximum Dertsitv: 12 units per acre,
Words s~ are deleted, words nnder~ are added.
May 29. 1997
2.2.26.7.1.4.3.
Commercial Design Guidelines: Subject to the provisions of division 2.g..
Architectural and Site Design Standards and Site Design Standards for
Commercial Buildings and Projects.
2.2.26.7.2.
Additions. Site Improvements nnd Redevelopment: ~
contiguous properties located within the boundaries of the Collier Boulevard
Pedestrian Tourist Sub-District of the Cornmuni _ty Commercial District. the
Town Center Mixed Use District. or the ¥illage Commercial District may .at)91y
for a fiReen percent reduction in the required amount of on-site parking with
approval ora multiple site impr~yement i)lan fMSIPI, where no additional square
footage is proposed, or a site development plan fSDPL subject to the provision~
of division 3.3. of this code. Minor additions of imncrvious area necex~y_ tn
enhance vehicular, bicycle or pedestrian access to and from buildin_t~ and
parking areas, not to exceed two-thousand squar~ feel may be reviewed under
the site imorovement plan process and ~al] not require an en~neered
management plan.
2.2.26.7.2.1.
MSIP/SDP submittal requirements. The MSIP or SDP shall adhere to the
applicable provisions, procedures and submittal requirements of division 3.3
Site Development Plans. and shall demonstrate that the foUowin~ have been
adequately addressed:
2.
3.
4.
5.
6.
orovisions for bicycle and oedestrian access to and from the site. and
between adiacent buildings:
provisions for harking and access for the di.~ahled as required by division
orowsmns for enhanced on-site landr, canin~ to the re'cutest extent
possible, as required by division 2.4. ofthi.~ code:
proWsmns to maximize shared use of infrastructure such as paritine~
sidewalks, in_m'~ss and e_mess points and the like_'
prowsmns to maximize the safety, and efficiency o£ internal traffic,
circulation patterns:
nrowsmns to eliminate or structurally alter 011-site nonconformi,~_
silage such that it conforms with the provisions of division 2.5. ami
section 2.2.26.10. of this code.
2.2.26.7.2.1.1.
Jdditional conditions of approval for pro_t~erties located within the boundarie~ of
the Village Commercial Distn'ct. In addition to the provisions above, within th-
Village Commercial District or Town Center Mixed-Use District. the Mgll: or
SDP shall demonstrate that provisions have been made: to maintain and/or
enhance the pedestrian and/or bicycle access to. and view corridors of. the Water
Words m,meh41~,quth, are deleted, words llgdgtHagd, are added.
May 29. 1997
on waterfront properties for properties or projects eq. ual to or _creater than one
acre in size. Within the Village Commemial District_ provisions shall be made to
preserve existing structures which are desigrmted historical by the Coun~ or the
State. These provisions may include, but are not limited to the creation of the
Pedestrian/bi~_cle easements. Where pedestrian and/or bi _cycle
cas~ments or view corridor easements have been _m-anted to the
public, an administrative reduction of a rear and/or side yard
r~uirements by up to ten feet may be gxanted by the plannine
services director, or his designee:and.
State and/or local historic desi~mation. Specific structures or sites
of historic si_tmificanee which are desi_tmated as historic structur~
or sites may in conjunction with such certification, be [nanted an
administrative variance from specific develonment standards_
including reo. uired yards, parking, and land.~capin~ in order to
facilitate historic preservation. A request for such a variance may
be _granted by the planning services director, or his designee.
based unon demonstration of mnxt. The request shall 1:~ madg in
writing accompanied by the following: payment of fee nm_uired
for an administrative variance in effect at the timg such ret~_uem i,~
made: a plot plan of the subject pm_hetty, drawn to ~ale.
depicting all structures and proposed improvements: _smAtm. rtive
information justifying the ne~l fll/..lllt2611~l~
2.2226.7.2.122. Reauired harking_ reduction. Upon review and a. _ngroval of
an MSIP or SDP. a fifteen pement reduction in the aeereeate
amount of on-site parking re~.uired shall be authorized by the
planning services director, or his designee. The reduction shall
memorialized in the letter of approval for the MSDP or SDP.
2.2.26.9.
[Reservedl_
222.26.10
222.26.10.1.
Puroose andlntent: The numose and intent ofthi~ Section is to [n'ovide _specific
si?age development standards and desi_tm _tmidelines for si[n.~ to ensure orderly
and appropriate placement of si_mas. These re_tmlafions are intended to minimi~_~
the nmliferation of signs, while providing ,for well de~itmed, well constructed_
Words ~ are deleted, words ~nderlln~ are added. 52
Ma), 29. 1997
2.2.26.10.2.
2.2.26.10.2.1.
2.2.26.10.2.1.1.
2.2.26.10.2.1.2.
2.2.26.10.2.1.2.1.
and appropriately located informational signage in both residential and non-
Development Standards. Si_sma erected within the areas subject to the Marco
Island Master Plan shall adhere to the restrictions set forth in division 2.5 of ~in
code. and shall further adhere to the restrictions set forth herein. In the ease of a
conflict between the two sections, the more ~strietiv¢ shall apply,
Sl_~ns in Residential Districts;
Illumination: Si_mas erected on residentially zoned pm.mettles shall not be
illuminated unless specifically permitted herein or. in the ease of ap.m'ov_~
conditional uses. as may be approved by the board of zoning ap..tmals. The
and si_ma copy shall be non-reflective.
Real Estate Signs: As defined in the definition section of this code. one _mound
or wall "For Sale". "For Rent". or similar si_ma_ is permissible, for _~ch lot havin~
street frontage, and shall not require a building permiL subject to the eondifio~
noted below. For the purposes of this section, frontage on a navieahle waterbodv
or a golf course shall constitute strt~ fronta?e. During sunervised real estate,
open houses, an "ooen house" si_m~ no larg=er than four square feet. may b~,
erin:ted in addition to the real estate sirra. In conjunction with an an. proved right.
of-way permit, a single off-site directional si!m_ not to exeetxt four square feet
may be permitted during a supervised open house. Said off-site directional sitm
shall be placed at the intersection of the arterial or collector street proy~dln~
access to the street on which the open house is bein_e conducted. No other off
site si_mas shall be permitted. All such signs shall be removed at the completion of
the onen house, and during non-su.t~zrvised hours. Real estate siens ~hall not be
illuminated in any manner,
Real estate si_tins may mention thc name. address and telephone number of any
two of the following entities: the property owner, real estate broker, investment
company or business firm licensed to seU real estate in the State_ the name
address of the salesnerson, or real estate agenL The word ."p,mding" or "mid"
may be attached to the face of the si_ma within the 12" x 18" si_tm face., until th.::.
closine has been comnleted
Real Estate Signs On Single Family Zoned Properti~ {see lllu_~tration I below).
Maximum Size: 12 inches in height by 18 inches in len_tnh_ Si_t, rta may
double-faced, provided each sign face eorltains the same copy. Such
Words st~u~-4b~b, are deleted, words ~are added. 53
M~ 2~. IS~7
may be located either parallel to. or oemendicular to the ~d_iacem right4f-
way. No additional rider~ or information boxes shall be affixed to thi.~ ~ion_
Color: White Background. Lettering may be any single color. 20 _nercem of
the sign face may include the display of a lo_to which may include mul6nle
~olors.
Sign Supports: Supports shall not exceed two inches (2'1 by two inche~ All
_sups_ rts shall either be white or bl~eic_
Maximum Height: Three feet (3') as messured fi'om average finished _mound
2.2.26.102.1.2.2.
Real Ertate .~i_~nts On RAft Zoned Pro_verti~ [see Illustration 2 below).
a~. Maximum Size: Four saum'e feet. Si_on., may be double faced. _tnoyided
sign face eonmln~ the ~rn¢ copy. Such si?~, may be loested either
to. or _ _oerpendicular to the adjacent fight-of-way. No ~ldi6otud ri~ler~ or
inform~ion boxea shall be affixed to thi.,
Words et~ fire ddetect, words IAdlzIhld.ftre added. 54
May Z9.1997
Colors: White backgrotmd. Lettering may be any single color'. 20 _t~-rcent of
the si_tm face may include the di~lay of a logo which may includg multiple
colors.
Si_~,n Supports: Stmports shall not exceed two inches f2'3 by two inches. All
sutmorts shall either be white or black.
Maximum Heifht: Four feet (4'~ as measured from average finished ~ound
22.26.10.2.1.2.3.
lll~ration 2
Model Home $i?n~ /see lllu_.ration 3 below): A sin_~le on-nmmi~ ai_m~ for it
model home. approved in conjunction with a temporary use _ma'miL is _ma'mi.ed_
Copy on a model home -*i_~n shall be limited to the name of the model, the,
developer/builder's name. address_ ohone number, lot, o. and thai of the licensed
real estate company/broker, investment company or b~Lqinesa firm licensed to nell
real estate in the State. or the name and address of the aalest~-raon, or ~ ~.~at~
agent marketing the model. Model home si_o'na shall not be illuminated in any
Words ~ are deleted, woFds ~tFe added. 55
May 29. 1997
manner. No other signs, including real estate and construction si_t,v~ shall be
placed on properly_ on which a model home si_mt is erected.
il. Maximum Size: 16 square feet. Si_cms may be double-faced_ provided each
si_~m face contains the same copy. Such si_~ns may be located either narallel
to. or perpendicular to the adjacent riFt.of-way. NO additional riders or
information boxes shall be affixed to this si_vii,
b.)_ Maximum Height: Six feet ¢6q as measumt from finished _tn'adc around the
fA. Co/ors: The back_mound of a model home si?n may githev nmteh the
principal color of the model home. or shall be white. Letterin? may be my
single color'. 20 percent of the si_ma fact may include the display of(al
which may include multiple colors.
::.~maentof,ifiy afllZeentnuhllcs~tmet.'.;': ~:X_I:. ,~,i .: .~.~:~_.
2.2.26.10.2.1.2.4.
lll~rtration $
Construction Sim~.~ (see Illustrations 4 & $ below): A .nlnole construction sit, n
may be erected on any residential property_ for which a buildimt mm"nit has been
granted. No buildin_~ permit shall be required for the construction sierc however
said si_ma shall be securely constructed and erected. Copy on a construction sien
shall be limited to the name and telephone number of the developer.
Words ~ are deleted, words ~are mdded. 56
M~ 29. 1997
architectural, planning and en~neering firm_ Contractor and/or subcontr'actoffs)
involved with the projecL and the n~ne of the individu~l(sl for whom thc,
dwelling/addition is being constructed_ Construction sismq shrill not
illuminated in any manner and .~hall be located in the front yard pirntllel lo the,
adjacent right-of, way. Constructions si_c,~ shall be removed at such time aa
certificate &occupancy is granted.
Maximum Size: Six square feet for single family, sixteen samu~ feet for
multi-family. Si_cmn shall be single-fac_~_ with the back side of the
being utilized as a ' .~ermit board". Such signs shall be located pm~llel to
ad_latent right-of-way. No addition~! rldem or information boxes shall
affixed to this sign. except tubes or boxes designed to hold construction
Maximum Height: Six feet ~6'~ aa measured from average finished
Color: The copy side of a construction sign shall be white. Lettering may
any color:. 20 nercent of the sign face may include the dlm_lay of logo(.n)
which may include multiple colora.
Words e#mei~iFeq~ ~ deleted, words ~are added.
M=y 29, 1~97
2.2.2.10-2..!
Incidental Information And Directional $i_wx: p~ maximum of four (4~1
incidental non-~omm~i~! inform~tlon or dir~ction~! ~i~m~ rn~v 1~ ended on
Words e4a, Mb4bl, o~ are deleted, words uuder~ tre added.
Afir~ ~9. 1997'
2.2.26.10.2.1.2.6.
2.2.26.10.2.1.2.7.
2.2.26.10.2~.
2.2.26.10.2.2.1
Trespassing" siTns-" " ' ' '
informational si_c,T~.
Maximum Size: 12 inches in height by 18 inches in length.
bi
Maximum Heivht: Three feet as m~en'ed from average flni~ed _mound
elevation- or. ~-f attached to a wall or fence, not to exceed the maximum
height of said wall or fence.
Subdivision/Project Si_cms: At each entrance to a s.mecific subdivision.
neighborhood, or multi-family projeck two ground or wall entrance or cate si_tnns
ma~, be located at each entrance to the project. Such si_mas shall contain only the
name of the subdivision- neighborhood_ or project in which it ia located_ subject
~ The _mound or wall si_cms_ in combination, shall not
exceed a maximum size of 64 square feet. with no individual sign
exceeding 32 square feet.
Maximum heivht and width: The height of a _mound or wall and shall not
exceed the heieht or width of the wall or gate upon which it is located.
b)
Required setback: Said si_trns shall maintain a 15 foot setback from any
Conditional Ltses Within Residential Districts
Approved conditional uses within residential zoned districts are ?-nnitted
one wall or _m-ound si_ma_ not to exceed 32 square feet. Comer lots are
permitted two wall si_mas. Bulletin boards and identification si_mas not
exeeedin? 12 sa. uar~ feet are nermitted for public, charitable educational or
reli~ous institutions. Said signs .~hall not be illuminated.
Si_oas in Non-Residential Districts fineludes P. CF. RT~:
Real Estate $iens(see Illustration 6 belowL' As defined in article 6 of this code.
one mound or wall_ "For Sale". "For Rent". or similar .~i?_ is 9ermismihle. for
each lot having street frontage, and shall not rva. uirc a building permit_ subject to
Words m~,i-t4woq~ aFe deleted, words underl~ are added. SO
May 29. 1997
the conditions noted below. Real estate si_ma ' ' '
mm'mcr.
Real estate si~s may mention only the name_ address and tel~
Maximum Size: Four square feet. Si?_~ may be double-faced, nrovided each
face containa the same content. Such si?n~ may be located either parallel to.
or pergendicular to the adjacent ri_cbt-of-way. No additional rider~ or
information boxe~ ahall be affixed to this si_eh.
b) Colors: White back_~ound. Lettering may be any single color'. 20 oercent of
the si_ma face may include the display of a logo which may include mulfinle
color~
.Sign Support: Supports shall not exceed two inches by two inches. All
supports shall be white or black.
Maximum Heie_ht: Three feet aa m~.a~xed from average finiahed _mound
Setbacks: Said si_~s may be placed at the nmoertv line. however, in no case
shall such sign be located any closer than ten feet (10'~ to the edge of
pavement of any adjacent public s~-cet.
Words ~4~ are deleted, words ~are added. 60
May 29. 1997
2.2.26.10.2.2.2.
IIIm~rmk~ 6
Construction Sit, ns (see Illustration 7 below). A sln_~le construction sign may be
erected on any non-residential ~roperty_ for which a buildin_~ oermi! has been
granted. No building permit shall be roauired for the construction si_tm_ however.
said si_ma shall be securely constructed and erected. Copy on a construc6on si_m
shall be limited to the name and telenhone number of the develoner.
architectural, planning and en~neerin? firm_ contractor and/or subcontractor(si
involved with the project, and the name of the individual(s} for whom the
dwelling/addition is being constructed. Construction si_cms shall not be
illuminat~cl in any manner and shall be locazed in the front yard parallel to the
adjacent right-of-way pursuant to the setback restrictions contained in division
2.5 of this code. Constructions signs ~hall be removed at such time as ~.
¢ertificate of occupancy is _er'anted.
Maximum Size: Thirty_-two ~1.1a~'~ feet. Si_trna shall be sin_~le-faced, with the
back side of the si_tn bein_~ utilized as a "permit beard". Such si_o~ .Oudl be
located narallel to the adjacent ri~ht-of-way. No additional riders or
information boxes shall be n~xed to this si_ma, except tubes or boxes
desicrned to hold construction plans.
b) Maximum Height: Six feet as measured bom average finished _m~tmd
WoFds ~ are deleted, words uu~L~.Jlllf~tre added. 61
May29.1997
Color: The copy side of a construction sig~kshall be white. Lettering may be
any color: 20 percent of the si_c,n face n~ include the display of logo(s~l
which may include multiple colors.
d)
Setbacks: Said si~s may be pla~ed at tlt~_property_ line. however, in no case
shall such si_tm be located any closer than fifteen feet {15'~ to the edge of
pavement of any adjacent public_street.
2.2.26.10.2.2.3.
lllust~tion 7
On-Premises Permanent Si_~ns: On-premises permanent si_t, ns are encoura_~ed to
be designed, constructed and located in such a fashion so aa to be iht _e~ated
w~th- and not detract from. the existing development patlem in the nei?hborbeod.
2-2-26-10-2-2-3-1.
Unified Si_vn Plan: An application f~r site development or site imnrovement plan
as t~rovided for in section 3.3 of this code. for commercial or mixed use projectm
sh~ll be accompanied by unified signage plan aa rea?ired by division 2.8. of this
2.2.26.10.2.2.3_2. Permitted _ty9_ t~ ofal_m~s and specific devt. to_nmeat
~[all. Mansard. Canopy or Awning £i_vns: ~ *dm?lc wall_
~opy or a~ing ~ is ~in~ fm ~h ~ ~
for ~h ~lishm~t ~ a mul~le ~~ ~! C~
or ~ ~m ~n a buildln~ ~ ~ ~ ~ ~ ~ ~
of~e ~t or b~ldin~ ~t to ~ ~ ~
May 29. 1997
b~
c)
No wail. mansard, canopy or awning si_tn shall exceed 80% of the
width of the unit(s) occupied by a business with a minimum of 10%
clear area on each outer edge of the unit(s).
2,_ Wall si_mas for a multi-tenant buihting shall be located at a uniform
heig~ht on the building facade, for the top and bottom of the si_tm:
except that anchor tenants may vary_ from this requirt~ment s~bject to
all other provisions of tlti$.f, fK~,
Wall. mansard, canopy or awning si?n~ may not exceed 15% of the
total square footage of the visual facade of the buildimz, in the case of
single-use buildings: or the unit. in the case of multi-usc buildings, to
which the si_ma will be attached. A wall si_tn shall not exceed 150
square feet in any case.
Projecting si_trns. Projecting si_t, ns may be substituted for wall or man.~ard
The projecting si_ma docs not protrude ~eater than four feet from the
building wall to which it is attached;
2. Projectin~ si_mm shall not exceed 20 ~uare feet of display ar~
3. Projecting si_t, ns shall not extend above the roofline of the building tn
which they ar~ attached: and
4. Projecting si_t~ns which may project over any pedestrian way shall be.
elevated to a minimum height of eight (8) feet above said pedestrian
Ground Si_gns:
The height of any _mound sign shall not exceed twice the width, and
the width shall not exceed twice the hei~ht
Ground si~ shall not exceed eight feet (8'~ in height as measup-d
from the fini~ecl _m'acle of the lot on which the sima is Ioc~Ied to the
top of the sign face. Architectural treatment~ ineorpo_ r~t,~l into sarah
signa~e_ con~ent with building architeetu~ on site. ineludine
arches_ eolumn~ c _upola~ and other such treatmenlx shall be,
_oermltted to a height of twelve (12} feet_
Words s~ art deleted, ~ nml~lllttlLare added.
May 29. 1997
el
Pole sivns:
Pole signs shall provide a pole cover, the width of which shall be a
minimum of twenLy (20} percent of the si_tn structu~ and extending
from the bottom of the si_tn structure to the _mound. completely
coveting the supporting .nole(s}i
A minimum two foot perimeter planting area shall pmvlded around
the base of any pole si?_. consistent with the provisions of division
2.5. of this code. The two foot perimeter shall be measured from the.
overall width of sign:
3. Pole si_tins shall not exceed fi~een feet (15q in height as measured
from the finished _made of the lot on which the si_tn is located,
Directo~ Si_tins:
!. The maximum size of any single directory_ si_tn shall not exceed one
hundred sauare feet.
Copy shall include the shopping center or buildine name and street
number and may include the name(s) of two or more _tm-sons or
businesses associated wit& or events conducted upom or products or
services offered upon the premises upon which the si_ma is located.
Under-Cano.t~y Si_t, ns:
1. In addition to any other si~ permitted by this code. one under, canopy
Si_ma is required for each business in a multi-occupancy building:
2. Under-canopy signs shall not exceed six square feet
establishment in a shopping center or multi-tenant buildine'
for each
3. No building permit is required to erect an under-canopy siren, unle.,:~
there is an electrical conaponent~
4. Under.canopy si~s shall adher~ to the common
si?age theme for
Words ~ are deleted, words nm~are added.
May29.1997
Under-canopy si_cms shall be installed so as to maintain a minimum of
eight feet of clear, unobstructed area between the bottom of the sign
and the sidewalk below.,
2.2.26.10.2.2.3.3.
General Development Standards:
Construction materials:
1)
Si_mas and any supporting structure shall be constructed of CBS.
wood {~with raised or engraved letters}, stone, metal, or durable
opaque plastic. Plywood is not permissible as a finished sign
Illumination design and methods:
Sign lighting shall be designed in such a fashion so as not to cause
{;onfiasion with traffic control devices, and not to shine directly onto
adjoining properties or public right-of-ways.
Signs shall be illuminated in the following manner:, external fixtures
for lighting shall be desi_crned and positioned so that no light ap. ills
0yer the edges of the si_ma face: internal or back-lit si_mas shall be
designed with an opaque si_ma face. allowing only the sign copy to be
Minimum fronta~_e requirements:
Single or multiple termnt buildin~ located on a nareel having leas
than 125 linear feet of street frontage ar~ permitted a sin_~le _mnatmd
sign per parcel, a maximum of 20 sa_ua_re feet in area_ Copy is limited
to building reference name and stree~
Single or multiple tenant buildings located on a nareel having 125
linear feet or _creater of street frontage are permitted a single _mnaund
or .male si_tn per parcel, with a maximum of 60 souare feet of si_~n
face area.'Copy shall include building fefereneg name and street
number and may include a maximum of five tenant names.
Words .#qt~4t4~ aFe deleted, words underl~ are added. 65
May 29. 1997
2.2,26.10.2.23.1.2,
Where a site development or site improvement l~lan ha_~ ~,-~
approved for multiple properties, adherence to the minimum fronta~
provisions set forflt in section 2.2.26.10.2.2.3.1.(g) shall la,,
determined based on the a_~_m'egate frontage of all contiguous parcel..
which are part of the r~ite improvement or site developn-,ent plan,
Building Permit Requests: Req. uests for building p¢i~nits for t~e,,,,anent on
premise si~s shall adhere to this unified si_maa_~e plan_ which sl~all be kept o,,
file in the eomrnuniW development & environmental services division. Revision,
to an approved unified si_t~n plan shall include provisions for retrofittinu any
existing permanent on-premise si.gl~ -
2.2.26.10.2.2.4. Nonconforming_ Signs.
2.2.26.10.2.2,4.1
2.2.26.10.2.2.4.2.
Real estate si_tins, model home st'_o-n~ and con..truction siffns.~ Real estate si~n~
shall conform to the pmvlsions of this overlayJ~y December 3 I. 1997L -
All other siffn$. Existing Si_L,'n.'q which were constructed with an approyg~'
buildin~ permit under the provisions of division 2.5. of this code_ or it
predecessor ordinance, which do not conform to the provisions of scotia,
2.2.26.10 shall be considered legal nonconforming si_man and shall be treated a.
follows:
within thirty_ days of the date ofaf~aption of this overlay.
All legal nonconforming, on-premise permanent si_tmn shall confoi~,i to th..
provisions of this code as follows:
in conjunction with the issuance of a buildin? .r~,',,,it for structu~l_
alterations to an existing si_ma_ regardless of the extent or value of sucl,
structm-M alteration: and.
Words ~ are deleted, words ilalalltllaed, are added. 66
May 29. Ig97
All other nonconforming si_cms~hall adhere to the provisions of section 2.5.9. of
Prohibited Signx: All prohibited sims listed in section 2.$.7. and sio~tq which dn
not conform to the provisions act forth herzin shall be considerS! pmhibiti, d
si~s,
2.2.26.11.
Restricted Parkin_~ of Recreation Vehicles. The purpo, se of' these [-ff_--dlat~oni
to maintain the appearance and quali~ of residential nei~hhorhood~ to
congestior~ prevent overcrowding and the blocking of views, to maintain the
flow of air currents, and to maintain the p _m!'~ty values and amenities of the
2.2.26. I 1.1
.4.oplicabili_tv. The restrictions act forth in thin section are intended to ~olv to all
areas deal_created residential on the Future I.snd Use Element of the M~;0 Island
Master Plan_ excluding any areas in the Marco Shores PUD/DRI. includina thr.
Key Marco Development (a/k/a Horr's Inland). Cane Marco PUD. and Hirl~wa:-
Beach PUD. These restrictions apply in all residential zonintz districts_ includin~
the RT dislricL as well as any residential component of a-PUD, except
PUDs excluded above,
2.2.26.11.2
Recreational Equipment. No recreational cquipment shall be kept or pa~ed o,
nremises zoned for residential purpo, sea nor on public righla-of-wav of ~id
districts except when said ex!uipment is parked entirely within the c~n-fines of n
garage, csrnort, or fiflly enclos~l structure such that it cannot be seen fr~m an_If
abuttin_~ property or public Way. Such vehicles may be harked anywhere on
residential lots for a oeriod of time not to exceed 124 hours'to allow for loading
Exceptions may be _m-anted by the sit~ development review dh~cmr whet;,
the following conditions
Such recreational T~a. uipment may be parked u.non the nren-,ises c f
the resident for a .r~rind not exceeding seven da_va for the nuroor---.
of loading_ unloading, repairing and/or cleanin~ prior to o~ ~ier II
trip. The permit for such neriod sh~ll be affixed to the vehicle in
conspicuous place. No more thnn two consecutive _m~-mits may
issued. A mnximum of four permits may be m-anted in any singlfi
r, almiaax r. -
WoFds miq~.-lbeu~- are deleted, words mulr. rJln~Lnre added. 67
M~. 2~. 1997
2.2.26.11.3.
2.2.26.11.4.
Nonresident: Such recreational equipment including but not
limited to. trailers, buses or motor homes_ when uaed for
transn~rtation of guests may be parked u.man the premiram for a
period not exeeoling ten days. No sleeping or living aefivifiea
may take place within the vehicle while parked. No more than two
consecutive hermits shall be issued. The maximum number of
permits allowed fi)r any single calendar year shall be four.
Boats and boat trailers. No boat or boat miler shall be parked or gtored on
premises zoned for residential uses or on public ri~mhts-of-way of residentially
zoned districts, exert when parked or stored entirely within the confines of a
garage, carport or fully enelos~ structure and shielded such that they cannot be
seen from any abuttine proper~y or public way. exert whert~ the following
A boat trailer may be parked on the owner's premises in the opera or on n
temporary_ basis not to exceed eight hours for the purpose of loading
and/or cleaning and unlo{~ding prior to or after an outing.
Boats may be stored on premises zoned for residential use only in one of
the followin~ methods:
Boats may be stored in the confines of a garage or fully enclosed
Boats mav be berthed at approved docks, piers or bv use of
mooting whips, standoffs or by a similar structure/device on
Boats may be stored on davits, lifts, elevators or similar devie,-~
~ble waterways/canals:
Boats may be stored on cradles consistine of a framework of bars
or rods when said cradle is used in coniunefion with a daviL lift
elevator or similar device adjacent to navigable
waterways/canals.
Hotel and motel parking provisions, Hotels and motels are considered to b~,
eornmemial enterprises: therefore, recreational vehicles, trueka, trailers, btls~
and/or other commercial or industtial vehicles, listed herein_ of bona fide
residents thereof, transients or others, may be parked on the pre'raises of such
Words t4ni4dt-4bt,~sth- are deleted, words nnderHned are added. 68
Ma~29. 1997
22.2.26.11.5.
2.2.26.12.
2.2.26.12.1.
facilities. Such vehicles shall not be harked in streets, alleys or other fights.of-
way within any residential district, unless otherwise permitted by this code..
General ~rceptionx. The provisions of this s~tion shall not apply to vehicles
parked on the premises of churches, clinic.*,, schools, private clubs, golf comes.
utilities, hotels, motels and parks or recreational areas while the oersons
transported thereto are attending or participating in activities or being Ireated or
served thereat. The provisions of this section shall not apply to buses, trucks or
trailers parked in a space prepared or specifically designated for their use on the
premises of churches, clinics, schools, nfivate clubs, golf comes, utilities.
hotels, motels and parks or recreational areas, if such vehicles are used or
operated by or for the operation of such places or institutions, except that such
yehieles cannot be used for residential occupancy.
Definitions. For the purposes of this overly, the following definitions shall
Mixed-use. Within the Marco Island Zoning Overlay the term "mixed-use"
means both commercial and residential multi-family uses. whether located within
the same building or located in separate buildings within a single pm_iect.
ORIGIN: Evaluation and Appraisal Rq~ort
AUTHOR: Barbara A. Cacchione, AICP
Compruhensive Planning Manager
DEPARTMENT: Planning Services
LDC PAGE:
LDC SECTION: Add two new sections (2.2.27. - Commercial District (SR-29) and 2.2.28. -
Commercial District (Jefferson Avenue) to the Land Development Code (LDC) to provide for two
overlays with specific development criteria as identified in the Immokalee Area Master Plan.
CHANGE: The proposed change was identified in the Evaluation and Appraisal Report to create two
overlays within the LDC for Commercial Districts on SR 29 and Jefferson Avenue in Immokalec. The
Immokalee Master Plan provides for specific development criteria regarding access; building height
and setback; landscaping; parking; sidewalks and water/sewer facilities.
Words st~ are deleted, words ltlldlrJlilllLare added. 69
Mny 29. 1997
REASON: These development criteria am specific and dcUfiled and tm more appropriate al this level
of detail to bo located within thc Land Development Code rather than the Immokalee Are~ Master Plan.
It would also locate all site development regulations within the LDC. This approach is very similar to
the Golden Crate Prof~sional Office Commercial Overlay District, where thc requirements were
orisjnally placed in the Golden Gate Master Plan but later relocated to thc LDC.
FISCAL & OPERATIONAL IMPACTS: Them is no change to implementing this provision other
than an ability to amend the LDC twice per year and the Immolmlee Area Master Plan only once l~r
year.
RELATED CODES OR REGULATIONS: Immokalce Area Master Plan.
Section2.2.27. State Road 29 CommeF~inl OYerla_v District: sueeiai conditions for the
_nFo_uerdes tbui~ SR-29. ns identified on the Immqkalee AFei Master Plan: Fefereneed on th=
man below: and ~urther identified b_v the de~i_~mtl~ion ~"SR29COO' on the tp_nlleshle offlciM
Co'lieF County Zontn_~ Atlas maul
2_2_27.1.
Purnose and Intent: The purpo_ se of this designation is to t)mvide for retaiL
Office, ~-an~ent Iod~mz faeiliti~ mad hi_thway commercial uses that .~erve th~
need~ of the t~-avelin-g _~blic. Th~-'se commercial uses must be located on a malor
a~erial or collector roadway. The _nmvisions of this district are intended to
provide nn incr~_t~cl commc'~eial dep. th nlon_~ SR-29 with develonment stnndm'ds
that will ensm'e coordinated access nnd a._mrropriate lnndscnnin? nnd bufferin~
compatible with nearby residential properties.
2.2.27.2.
,4p?icabili~_: These regulations .m~. ly to the commercial district along SR.29 ns
identified on the lmmokalee Futm~ Land
Words seq~-du~- are deleted~ words ~are added. 70
May 29. 1997
SR 29 COMMI~R~AL OVERLAY DISTRICT (SR29COD]
Words .~mdi.~spoai, b- tre deleted, words ~M'~ tddecL 71
May 29, 1997
2.2.27.3,
2~.27.3. I.
2,2.27.3,1.1,
2.2.27.3.2.
2~..27,3.3,
2.2.27.3,4.
2.2.27.3.5.
2.2.27.3.6.
2.2.27.3.7.
2~.27.3.8
2.2.27.3.9.
Development Criteria: The followin_~ standards shall apply to all uses ia thi
Access points shall be limited to one (1) per 440 feet of street fi'ontn_~e. If th..
440 foot access requirement falls within 50 fi-'et of an existing road. whether or
the same or opposite road frontage, the acc~,,.~i shall ali_tm with the existin_~ rna,4
Those areas that do not meet this spacin_~ r~quirement shall omvide access off
existing adjacent roadways, if~ssible, and should not access to SR-29;
Owners of lots or combinations of lo~s havin_e less than the requh~d
bonta_~e may petition the board of zonin? ~.peals for a variance ~m th~
standard in this district as will not be contn~ to the public interest when 0wino
to special conditions peculiar to the pro_ne~ty, a literal enforc~ent of th~
standards would result in unnecess:L,'V and undue hardship~
Shared parking arrangements betwgen adjoining develonments shall be
Deceleration and acceleration lanes shall be provided.
Pedestrian tra~c shall be eneoura?ed by providinv sidewalks The loeaiion or
these sidewalks shall be coordinated with adjacent t)~oiects.
Buildings shall be set back from SR-29 a minimum of twenty-five ¢25_1 feg"t nn, I
from the rear lot line a minimum of fifty f501 feet._
Projects shall provide a ten (101 foot T_vpe A landsc _ape buffer as d~.~cribed i,,
section 2.4 between vehicular ri?_hts.of-wa¥ with requirecl sidewalks and adiac~ I
residential develonment. Adjacent co~nmercial projects shall provid,,
coordinated landscape plans,
An area eoual to a minimum of 2.5% of thqjotal interior vehicular use ar~a shnl!
be landscaped to provide visual r~lief.
Buildin?s shall have a maximum hei_eht of twen~-five (25} excludin? ten
feet for under-buildin? parkinE.
Central water and sewer facilities shall be available prior to develo~t n;
projects.
Wor~Is ~ are deleted, words 9JIJglgr. UJl.~are added. 72
May 29. 1997
SEC. 2.2.28.
2,228,1.
2.2.28,2.
Jefferson Avenue Commercial Overlay District: special conditions for the
properties abutting Jefferson avenue as identified on the Immokalee Ar~a
Master Plan: referenced on the man below: and further Identified by the
~"JACOD" on the applicable omcial Collier Coun~ Zonin!
Pu~.ose and Intent: The pu .rpose of this desi?nation is to provide for retail.
office, transient lod~n? facilities and highway commercial usea thai a~-ve the
needs of the traveling public. These commercial uses must be located on a ma_iQr
arterial ar collector roadway. The provisions of this district are intended lo
provide an increased commercial opportunity along lcffcrson Avenue with
development standards that will ensure coordinated access and appropriate
landscaping and buffering to be compatible with nearby residential pro.r~nies.
,4pplicabilitv: These re_uulations apply to the commercial district alone lefferson
Avenue as identified on the Immokalce Future Land Use Map~
Words ~ are deleted, words ~are added. 73
M~y 29. lpg?
JEFFERSON AVENUE
COMMERCIAL OVERLAY DISTRICT
JEFI~RSON AVEN'c~ COMIWKRCIAL OVK~Y DIWFRICT (JACOD%
Words 8~ are deleted, words uudtylln~ are added. 74
~a~29.1997
2.2.2g 3.
2.2.28.3.1
2.2.2&3.1.1.
2.2.28.3.2.
2.2.28.3.3.
2.2.28.3.4.
2.2.28.3.$.
Development Criteria:
The followin_~ standards shall apply to all uses in thin
Access points for future commercial development shall be limited to a maximum
0£one (1} per 150 feet of street frontage.
Owners of lots or combination of lots having less than the 150 foot of reo. uired
frontaee may netition the board of zonin~ appeals for a variance from the
standard in this district as will not be contrary_ to the public interest when owin~
to ~ecial conditions peculiar tO the property, a literal enforcement of the~e
standards would result in unnecessary_ and undue hardship.
A ten (10) foot Typ~ ,6, landscape butter as illrntifled in section 2.4. ofthi~ code
shall be provided on Jefferson Avenue for all commercial projects.
Provisions for shared parkin_e arrangements wilh adjoinin~ developments shall be.
Commercial buildines shall be set back from Jefferson Avenue a minimum of
Commercial buildin~ shall have a maximum height of twenty-five (251 feet
exeludln_e ten (10_1 feet for under-buildln_e parld ~g,
2.2.28.3.6.
Central water and sewer facilities shall bc available prior to develonment of
projects located within this overlay disqxlct.
Words o~ are deleted, words ILadt, CU]~are added. 75
M~ 2~. 1~97
ORIGIN: BCC Direction
AUTHOR: Bob Mulbere, AICP, Curr~t Planning Manager
DEPARTbt~NT: Planning Services
LDC PAGE:
LI~ SECTION: 2.4.3.2; 2.4.3.5; 2.4.4.9.3; 2.4.4.9.4; 2.4.4.12.13; 2.4.4.17; 2.4.7.4; 2.4.7.5
CHANGE: Miscellaneous typographical and grammar changes. Additional request of"fr~z~"
rain sensor. Addition of Section 2.4.7.5., which codifies the Collier County Streetscape Master Plan.
REASON: Correction of typographical and grammatical errors. A "freeze"/rain sensor is mx:ezsao' to
prevent loss of minimum code required landscaping during freezes. (Tho freeze sensor will turn off
irrigation when temperature drops to freezing, thus saving plant material.
FISCAL & OPERATIONAL IMPACTS: The~ is no change in work load or cost. In addition, there
is no additional cost incurred by Collier County Strcctscape., as it will overlap with current Division 2.4
RELATED CODES OR REGULATIONS: None.
2.4.3.6.
DMSION 2.4 LANDSCAPING AND BUFFERING
Pruning. Vegetation required by this code shall only be pruned to promote
healthy, uniform, natural growth of the vegetation except where necessary to
promote health, safety, and welfare and shall be in accordance with "~
Standards ~ Prnctlces for Trees. Shrubs nnd Other Woody Plant
]Vtnintennnce ANSI A_300 (12/17/93_¥' of the National Arborist Association.
Trees shall not be severely pruned in order to permanently maintain growth at ·
reduced height or spread. Severely pruned trcc~ shall be replaced by the owner.
A plant's growth habit shall be considered in advance of conflicts which might
arise (i.e. views, signage, overhead power lines, lighting, circulation, sidewalks,
buildings, and similar conflicts).
Words t4~ M'e deleted, word~ und~rl~ tre ridded. 76
2.4.4.12.
2.4.4.12.1.
2.4.4.12.2.
2.4.4.12.3.
2.4.4.12.4.
2.4.4.12.5.
2.4.4.12.6.
2.4.4.12.7.
2.4.4.12.9.
2.4.4.12.10.
2.4.4.12.11.
2.4.~12.12.
2.4.7.4.
May 29. 1997
Prohibited exotic spect~. In addition to the prohibition,, outlined in section
2.4.4.11, the following species or seeds th~tx'of shall not be grown, offered for
sale, or transported inter-county or intrt-county.
Meialeuca spp. (punk tr~).
Schinus tembinthifolius (Brazilian pepper).
Any m~-mber of the family Casuarinaceae (Australian pine).
l~odomyrtvs tomentosus (down), rosernyrtle).
Oioscorca bulbifera (air potato)
Colubrina asiatica (lather Icao
Lygodium spp. (climbing fern)
Syzygium cumini (Java plum).
Mimosa pigra (catclaw mimosa).
Acacia auriculiformim (earleaf acacia).
Albizia iebbeck (Women's tongue).
l~ypez ofbuffer~. Within a r~cluimd buffer strip, the following alternative shall be
us~ based on the matrix in table 2.4.
Alternative A: Ten-foot-wide landscape buffer with trc~ spaced no mom than 30
ftmt on center.
Alternative B: Fift~,-n-foot-wide, 80 p,zrcent opaque within one y~r ~
buffer six f~t in height, which may include a wall, fence,, hedge,, ba'm or
combination thereof, including trees spaced no mom than 25 feet on center.
When planting a hedge, it shall be a minimum of 10 gallon plants $ feti in
height, 3 fe~t in spr~d and spaced a minimum 4 feet on center st planting.
Words e;f~4b4hf~qh- are deleted, words ~are added. 77
May 29, 1997
Alternative C: Twenty-foot-wide, opaque within one year, landscape buffer with
a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered
rows of trees spaced no more than 30 feet on center.
Alternative D: A landscape buffer shall be required adjacent to any road right-of-
wayr external to the development project. ~aid landscape buffet shall be
gonsistent with the nrovisions of the Collier County Rtreetsc .ape Master Plan.
which is incorporated by reference herein. The minimum width of the perimeter
landscape buffer shall vary according to the ultimate width of the abutting right-
of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the
corresponding landscape buffer shall measure nt least ten feet in width. Where
the ultimate width of the right-of-way is I00 or more feet, the corresponding
landscape buffer shall measure at least 1:5 feet in width. Developments of 15
acres or more and developments within an activity center shall provide a
perimeter landscape buffer of at l~:ast 20 feet in width regardless of the width of
the right-of-way. Activity center right-of-way buffer requirements shall not be
applicable to roadways internal to the development.
Trees shall be spaced an average of 30 feet on center in the landscape buffer
abutting a right-of-way.
A hedge of at least 24 inches in height at the time of planting and attaining a
minimum of 3 feet height within one year shall be required in the landscape
buffer where vehicular areas are adjacent to the road right-of-way, pursuant to
section 2.4.4.3.
The remaining area of the landscape buffer shall consist of existing native
vegetation, grass, ground cover, or other landscape treatment. ~
...m.;., ,, ,.:~., :f :.::>..~..,, ::.:: ~.e-ep~i~Lle-~..~.. '..he ~:'i:i_%':':_ -e ,~.:. ~
Every effort should be made to retain and incorporate thc existing native
vegetation in these areas.
Words J#~ek4beo~k- are deleted, words anderl~ed are added. ]'8
May 29. 1997
TABLE 2.4 TABLE OF BUI,'F~R REQ~ENTS BY
LAND USE CLASSIFICATIONS
Distric~,Jse
Adjnce~t Properties District
I 2 3 4 5 6 7 8 9 I0 II 12 13
1. Agriculture (As)
-BBBBBAAA A D A
2. Residential (E, P, SF)
single-family
AABBBBBCB ' D B
3. Resid~ial (RMF-6,
RMF-I 2, RMF-16) mul-
ti family
ABABAB BBB * D B-
4. Residential tottfi~t
A B A A B B A B B ' D B .
5. Village r~sidential (V'R)
6. Mobile home
7. Cornmerci~) (C-l, C-I/T,
C-2, C-3, C.-4, C-5);
Business Park (BP)
8. Indusui,l' (1)
9. Public use (P), couunu-
univ/facili~, (ti:),
Clubhouse,
10. Plsuned uflit develop-
merit (PUD)
l I. Vehicular rights-of-way
12. C, off course ruain~'uaucc
13. C, off course
AABBAB BBB * D B-
ABBBB A BBB * D BB
ABBBB BAAA ' D BB
ACBBBBAAaA* D BB
ABBBBBAAA ' D B
D D D D D D D D D D B
B B B B B B B B B B B A
B
The lcli,~ lis~ uuder "Adjscent Properties D~" shall be the l&udscape buffel' and ~
alt~native required. The "-" symbol shall r~present ~hat no buffe~ is required. The IUD ~
Words s~t-ti~oqb- are deleted, words liildltllll~Lare added. 731
May 29, 1997
2.4.7.5.
buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based
on the landscape buffer and screening of the district o~ use with the most similar types, densities
and intensifies of use. Where a conflict exists between the buffering requirements and the yant
requirements of this code, the yard requirements of the subject zoning district shall ~ply.
~Buffering in agriculture (A) districts shall be applicable at the time of site development plan
(SDP) submitud.
2Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to
install a minimum five-foot-wide t3~e A landscape buffer adjacent to the side and rear propetv/
lines. This uca shall not be used for water management. In addition, utes may be reduced to 50
feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not
apply to buffers adjacent to vehicular fights-of-way or nonindustrial zoned property.
~Buffer areas between commercial ou~arccls located within a shopping center may be a shared
I0' wide. This does not apply to R.O.W. buffers.
Collier County Streetscave Master Plan: Street corridors identified in Collier
Naplescape 90's Streetscape Master Plan. including areas within the right-of-way
and on required buffers ad_intent to the right-of-way, shall adhere to the
r~.uirements of thc Collier Naplescape 90's Strcetscapc Master Plan.
Words sn.uek4b,p~e%~ aFe deleted, words nnder~ are added. 80
May 29, 1.997
ORIGIN: Curr~t Planning by direction of'..he Board of County Commissioner~
AUTHOR: Robert Mulhere, AICP, Current Planning Manager; Sus~ Murray, Principal Planner, Fred
Reischl, Planner H; Ross Gochenaur, Planner I
DEPARTMENT: Planning Services Department
LDC PAGE: 2:189 - 2:192.1; 6:10, 6:18; and the sections refermced on the following two pagea.
LDC SEC'FION: 2.6.21 Private boathouses and dock.
CHANGE: 1. Remove boathouses as a conditional use; require tx)athousez
to be approved through the boatdock extension proce~.
2. Amend the maximum allowable protrusion on canals leas than 100
feet in width to include a provision which requires a percentage of
the canal to be unobstructed.
3. Clarify the Dock Facility Extension Criteria.
4. Apply development criteria/regulations for boathoose$ including
setback, height, maximum number of boathouses p~.-r site, roofing
material restrictions and criteria for extenzion request.
5. Amend the definitions of Boathouse. private and Dock facility.
REASON: I. Conditional uae criteria for boathousea are not applicable to the use.
Defining a boathouse as an accessory structtlre and plachlg rcstxiction.~ on location, height, ~,back, etc.
is consistent with the intent of the LDC to regulate acces;~ory structures. The required v-wiew proceza
will ensure waterways remain navigable and views
are not impaired.
2. Requiring a percentage ora waterway to remain unobstructed will
further the intent of the criteria used for judging dock facility extension requests to ensu~ wa~ys
remain safely navigable.
3. To further clarify standards to judge petitions for dock facility
extension requests.
4. To classify a boathouse more appropriately as an accezsory use
and applying uniform development standards to ensure compatibility with, and to minimize negative
impacts on surrounding property, property owners, and user~ of the County's
waterways.
5. Clarify and furth~ define boathousea and dock facilitiea.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Words s~4,4k~ are deleted, words nndgtlLRtd, nre added. 81
M~ 29. 1997
2.2.4. Residential single-family districts (RSF)
2.2.4.2.2. 2. Private docks; ~ subject to section 2.6.21. nnd
2.2.4.3. 1.
Noncommercial boat launching facilities~ and multiple dock
facilities en4-'oeMhe~, subject to thc applicable revi~
criteria set forth in section 2.6.21.
2.2.5. Residential multiple-family-6 district (RI~-6).
2.2.5.2.2. Uses accessory to permitted uses.
2. Private docks~ ~ subject to section 2.6.21.,
nnd section 2.6.22.
2.2.5.3. Conditional uses.
v~ ~ vj
Renumber the rest of the section as nc'~ded.
2.2.6. Residential multiple-family-12 district (RMF-12).
2.2.6.2.2. Uses accessory to permitted uses.
2. Private dock~ ~ subject to section 2.6.21, and
section 2.6.22.
2.2.6.3.
Conditional uses.
Renumber the rest of the section as needed.
2.2.7. Residential multiple-family- 16-dislrict (RMF- 16)
2.2.7.2.2. Uses accessory to pemaitted uses,
Words J~,Mb4b,omt~ are deleted, words Iitdr, tlln.c~M'e added. 82
May29.1997
2. Private docks~ ~ subject to section 2.6.21,.i1~
Renumber the rest of the section as necdcd.
2.2.8. Residential tourist district (RT).
2.2.8.2.2. Uses accessory to permitted uses.
3. Private docks,, ~ subject to section 2.6.21.
2.2.8.3. Conditional Uses
3. Noncommercial boat launching facilities
subject to the applicable review criteria set forth in section
2.6.21.
2.2.9 Village residential district (VR).
2.2.9.2.2. Uses accessory to permitted uses.
2. Private docks; ~ subject to section 2.6.21.
2.2.9.3. Conditional uses.
1. Boatyards, ~ subject to the applicable review
criteria set forth in section 2.6.21, and marinas.
2.2.10. Mobile home district (MH).
2.2.10.2.2. Uses accessory to permitted uses.
2. Private docks~ ~ subject to section 2.6.21.
2.2.10.3 Conditional uses.
Renumber thc rest of the section as needed.
Words m,~k-4bemtk- are deleted, words ~are added. 83
May 29. 1997
2.6.21.1.
2.6.21.2.
Individual or multiple private docks, including mooring pilings, davRs, lifts, and
the like are permitted to serve the residents of a development on canal or
waterway lots, provided they do not
protrude more than the respective distances specified in sections
2.6.21.2, and 2.6.21.3, for such canal or walerway.
like are primarily intended to adequately secure moored vessels and
provide safe access by users for routine maintenane~ an~d
use while minimally impacting the navigahi~ of the waterway.
the native marine habitat, manatees, and the
waterway by surrounding property_ owners. Permitted dock
facility protrusions as well as extension of dock facilities arc
measured fi'om the property line, bulkhead line, shoreline, seawall,
rip-rap line, or Mean High Water line, whichever is more restrictive.
On tmbridged barrier islands, a boat dock shall be considered a
permitted principal use: however, a dock shall not. in any way
constitute a use or sU'~cture which permits, requires, and/or
nrovides for any accessory uses and or structurt~.
Pl=-..-~=g ...... ., ....... :r,
bJ~oathouses and dock faciliij~.~ proposed on residentially zoned properties
defined in section 2.1.14 of this code, shall be.~.o~idered an aceesso~ use or
structure. Boathouses shall be reouir~l to be approved throu_~h the procedu,~
and criteria in Section 2.6.21.3. and 2.6.21 a ,~,,.~:.,---.~
~' ...................................................
Dock Facili_tv Requirementx and Restrictions: The following
criteria apply to dock facilities and boathouses;
Words ~ are deleted, words ~are ridded. 84
For lots on a canal or waterway that is 100 feet or greater in width, no
~atho~e. dock facility/boat combination shall proRude mor~ than 20 feet into
the waterway (i.e. the total protrusion of the dock facility plus the total protrusion
of the moored vessel).
For lots on a canal or waterway that is less than 100 feet in width, dock facilities
may extend/protrude not greater than five feet into said canal or waterway. No
dock extension shall b~ _er'anted to allow a dock facility/boat combination to
nrotrude more than 20 feet into the waterway nnd/or cnu~.e lesa than 8 minimum
of 50 percent of the nlatted canal width between dock structuresgmoored vessel(s~
on the opposite side of the canal to be unobstructed, whicheyer is more
For lots on a canal or waterway that is less than 70 feet in width,
thc dock. facility extension procodur~ identified in section 2.5.2 !.! 2.6~1.3. is
not available (i.e., such lots are limited to a five-foot dock facility).
All dock facilities on lots with water frontage of 60 feet or
greater shall have a side setback requirement of 15 feet, except ns
nmvided in Sections 2.6.21.2 or 2.6~.1.4. or ns exempted below.
All dock facilities (except boathousea~ on lots with less than 60 feet
ofwater fi'ontage shall have a side s~tback requirement of 7 ½ feet.
All dock facilities {except boathouses) on lots itt the end or side end
of a canal or waterway shall have a side setback requirement of 7 ½
feet ns measured from the side lot line or riparian line, whichever is
appropriate. For purposes of this section, riparian line shall be
defined as a line extending from the comer of an end lot and side
end lot into the canal or waterway bisecting equidistantly the angle
created by thc two intersecting lots.
(See exhibit A.)
All dock facilities, regardl~s of length/protrusion, shall have r~flectora and
house numbera four inches minimum sm installed at
the out~,,iost end, on both sides. For multi family developments,
the house number requirement is waived.
Words d~ afc deleted, words ~tu'e added. 85
May 29. 1~97
All dock facilities arc subjcct lo, end shall comply with, all fcdcral and ~,Jle
requirements and permits, including but l~ot limited to the rcquircmcnt~ and
permits of the Florida department of environmental mguht~ protection, the
U.S. Army Corps of Engineers, artd the U.S. Environmental Protcction Agency.
Protection ofseagrass beds. Where new ....... , b::.: :.:.:..~-:~- "... , ...-, docking
facilities are proposed or boat dock extensions, the location and presence of
seagrass or seagrass beds within 200 feet of any proposed dock facility ~
~ shall be identified on an aerial photograph having a scale ofone inch
to 200 feet when available bom the county, or a scale ofone inch to 400 feet
when such photographs arc not available bom the county. The location of
scagrass beds shall be verified by a site visit by the sitc dcvciopment rcview
director or his designee prior to issuance of any projcct approval or permit
All proposed ~:'.?.::::~, bea: :.~.:P..-::, ---.d dock facilities shall be located and
aligned to stay at least ten feet bom any cxisting scagrass beds, except where ·
continuous bed of seagrasses exists offthe shore ofthe property and adjacent to
thc propcrty, and to minin~izc negative impact~ to scagrasses and other native
shorclinc, cmcrgcnt and submerged vcgct~on and hard bottom communific~.
Whcrc a continuous bcd of scagrasses exists offthc shorc of thc property and
adjaccnt to the propm'ty the applicant shall be allowed to build · dock across the
scagrasses,_.~,,..,, ~--,~-~....v ~.., ..... '-"-'v.... :.h:l:.;.-e~ docking facility within ten feet of
scagrasses..g,~h m..,u .....~.--,.u ._~--, king shall comply
........... , .......... - , ~. doc facilities
with the following conditions:
.......... , .... :h:!::: ~: dock shall be at a height of at
least 3.5 feet NGVD.
2. Thc terminal platform of thc dock shall not exceed 160 square feet.
3. Thc access dock shall not exceed a width of four feet.
4. The access dock and terminal platform shall be sited to impact the smallest
arcs of seagrasses possible.
Words ~ are deleted, words mLdgtllaad, are added. 86
2.6.21.13.1,
2.6.2l.I.2.
2.6.21.1.3.
Mm,. 2~. 1997
Thc petitioner shall be required to demonstrale how negative impacts to
seagrasses and other native shoreline vegetation and hard bottom communities
have bccn minimized prior to an}, proj=ct approval or p~,~ifit issuance
Dock Facility Erten$ion: Boathouse Establishment Criteria. Additional
length/protrusion beyond said respective distances stmeified in secfion~
2.6.21.2.1 and 2.6.21.2.2. for d~k facilities; and ali boathmmes, regardless of
the extent of the protrusion into lira waterway or the width of the w~terway, me'_"
~shall req. uire putlljlLllli~g.vs.aDd a hearin_~ by the Collier County
Planning Commission. As to any boat dock extension petition upon which th.;
planning commission takes action_ pursuant to section 5.2.11 of this code_ ~
ag_m'ieved petitioner or adversely affected pro.nerly owner may appeal such final
action to the board of zoning appeals. The board of zoning appeals may affirm
affirm with conditions, reverse, or reverse with conditions the action of th.
plarming commission. Such appeal shall be filed with the communit~
development and environmental services administrator within 14 days of the dat~,
of the action by the planning cormnission and shall be noticed for hearin~ witl,
the board ofzonin? appeals pursu,'mt to the procedures and applicable fe~ -~ei
forth in section 1.6.6. of this code. The Plannln? Commission shall base it.4
decision for approval, approval with conditions, or denial, on the followin~
mtm, -
Whether or not t :l:hc number of dock facilities or slips_to be located on the
subject property ~ in relation to the length of waterfront property
available for thc location of the llllgglggL dock facilities.
Whether or not t :t:hc water depth where the facility is to be located ~
allow for safe mooring of the vessel, thereby necessitating the extension
Whether or not the proposed dock facili .fy and moored vesselfs} in comhinatio,,
may have an adverse impact to navigation within an adjaceni navigable eha,-,iel
be4eeet~b-Whether or not the proposed dock__desi~ and moored vessel protrude
_m'eater than 25 percent of the width of the navi_~able canal or gxeater than 20 foil
Words e,q~q(4lh, q)ug~ are deleted, words nn~are added. 87
29. 1997
~. and whether or not a minimum of $O percent of the nlatted canal
width between dock structure~/moored vessel(s) on the opposite sid~ of the canal
is maintained in order to ensure reasonable waterway width for navigabili _ry.
Whether or not them are special conditions related to the subject
property or waterway which justify the proposed dimensions and
location of the subject dock.
Whether or not the proposed dock is of minimal dimensions
necessary_ in order to adequately secure the moored vessel whilG
providing reasonablG access to the boat for routine maintenance.
without the use of excessiy~ glcck area.
Whether or not the pro.rinsed structure is of rllinimal dimensions tO
minimize the impact of the vigw of the waterway by surrounding
whether or not the moored vessel is in excess of fifty_ (50~ percent
of the fen_tnb of the waterfrontage such that the addition ora dock structure will
increase the impact on or negatively impact the view
of the waterway by surrounding pro_~,zrty ov, qaers.
Whether or not the proposed location and desi _m~ of the dock/vessel
combination is such that it may in:fringe ut)on the usc of
n~ghboring properti~, including any existing dock structur~
WoFds ~ am deleted~ words under~ are added.
May 2R i 997
c ........~ ...... ..s....~:~ ^.~.,. ]~L~ existing benthic organisms in the
vicinity of the proposed extension:
L~) Whether or not sea_masses are located wi~IL2,~C, CLiI~
proposed dock_', and.
(b) Whether or not the proposed dock is subject to the m:matee protection
requirements of this codefSec. 2.6.22L
If deemed necessary based upon review of the above criteria, the planning
commission may impose such cortditions upon the approval ofm extension
request it deems as necessary to
accomplish the purposes of this code and protect the sal'ety and
welfare of the public, Such conditions may include, but shall not be
limited to, greater side setback(s), provision of light(s), additional
reflectors, or reflectors larger than four inches, and prohibiting or
permitting mooring on the outside of the dock facility,
2.6.21.4.
Boathouse Reauirementx:(In addition to the criteria in Section
2.6.213. the following criteria shidl apply to boathouses:
2.6.21.4.1. Minimum side setback requiremeqll
15 feet
2.6.21.4.2.
Maximum protrusion into waterway:
25 percent ofganal
width or 20 fe~t. whichever is 1~
2.6.21.4.4. Maximum number of boathouses per site: ~ (_1)
2.6.21.4.5. All boathouse structures shall be completely open on all four {4) side~
2.6.21.4.6.
Roofing material and roof color stroll be the same as material~ and eolom used on
the orineinal structure or may be of a palm frond "chickee" style.
DEFINITIONS:
Boathouse, private: A~ A roofed, accessory use to a residential structure(s), adjacent to a
waterway, open on all sid~ and providing covered protection to a boat and accea.~ri~
Words ~d,U.g~tvVqb- are deleted, words mtderOned are added. 89
Mny 29, 1997
customary thereto. A private boathouse may not be used for the parpose of human lmbitation.
(See section 2.6.21 .)
Dock facility: Any structur~ consmacted in or over a waterway for the
l~Jll3~xpurlx)se of mooring a boat. This incltzles docks, w~~
mooring pilings, ~and the like. -r~.:..~ ..... :.~..j. ~...,~. .....
Words oltqdl.4bt,etf~ tre ddetecl~ words uudr, tlht~d, are added.
May29. 1997
ORIGIN: Current Planning
AUTHOR: Bob Mulhcrc, AICP Cun-ent Planning Manager
DEPARTMENT: Planning Services Department
LDC PAGE: 2:178-2:180
LDC SECTION: 2.6.7.:~. Restricted Parking Overlay District for Marco Island.
CHANGE: Deletion of this Section as it will bc inco~orated into and become a part of thc Marco
Island Overlay District regulations.
REASON: There is no reason to havc thc "R.P" overlay designation a~car in a different place in the
Code. Since it applies only to Marco Island, sta_ffis recommending deleting it in its current format and
incorporating it into the proposed Marco Island Overlay.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend the Land Development Code as follows:
2.S.?.S.
'") JO"'? C I
WoFds s#~b4bi, oal~ ire deleted, words ~lre mdded. 01
~f~ ~9. 1997
Words ~ are deleted, words lUldgtlLitg~are added. 92
A
Words siudi~inqb, m-e deleted, words zlLdtrJhtd, tre added. 93
29.
ORIGIN: Current Planning
AUTHOR: Ronald F. Nino, AICP
Chief Planner
DEPARTMENT: Planning Scrviccs Departmcnt
LDC PAGE: LDC 2:236
LDC SECTION: 2.7.2.12 Limitations on thc rezoning of property
CHANGE: To limit thc application of thc provisions dealing with thc: minimum amount of land for
which a rezoning action may be rcquested.
REASON: Unque~ionably this provision was intended to discourage rezoning actions that may be
considc~'ed "spot zoning". The problcm is that the way the provision in worded it prohibits a rczoning
action'from one type of commercial zoning district to another, or even worae prohibila a r~zuning action
for a left over lot that is surrounded with dcvclopment, ~ wherc the rezooing ~ion is ofa tnm~itio~
zono between ~11 abutting propertie~. Staffis of thc opin/on that the Keau~io'~ de~'ib~ do not qu~li~
~ ~pot zoning". Tho purpose ofthi~ provision is unclear, and in tho ¢~inion of~tff~ ifit~
only goal i~ to prevent 'spot zoning~. Several ins~cea havo ~isen wher~ propertiea of*m~ller
dimension could not be equitably dealt with du~ to this provision.
FISCAL & OPERATIONAL IMPACTS: Nonc.
RELATED CODES OR REGULATIONS: Nonc.
Amend thc LDC as follows:
2.7.2.12. Limitations on the rezoning of property.
2.7.2.12.1
No chang~ in tho zoning classification of property shall be considmxl which
involves less flum 40,000 squa~ f¢ct of sr~ and 200 foe~ of sm~ ~
except: wber~ thc proposal for rezoning of prol~y involv~ ~n ex~mion ofm
existing or ~imilsr sdiaeent dis~ict bound~ within tl~ br~a~ Isna n~
classification of "C" districts. "RSF" distrlqll, ~ di.~'icts_ wherein such
rezone is compatible with. or provides spprc_orisle tr~mifion from_ sd_ir=7~-~'
Words e~ are deleted, words lla~l:lllg~l.m added. 04,
k[ay 29. 1997
districts of hieher density or intensity, ~,r '"~'~ '~'- .':"..::'-"-.':- :-
OIN//nim~4~ However, the requirement of 200 feet of street front~,e ~dl
not apply to Rvz. one pctition~ that provide 80 p~-ecnt or mom ~t'otdable
Words Se'Mk-~F~d~ are deleted, words mldgzibttd, are added.
ORIGIN: Bob Mulhere, AICP, Current Planning Manager
AUTHOR: Bob Mulhere, AICP, Current Planning Manager
DEPARTMENT: Planning
LDC SECTION: 2.7.5.
CHANGE: Amendment to remove req~ent that BCC meeting be advertised and scheduled at
least fifteen days after the CCPC meeting and to provide language allowing the Board to conditionally
approval of an after- the- fact variance for the subject structur~ only (not necessarily rurating with tho
land).
REASON: This amendment will allow staff to advertise and in some cases schedulo the BCC
hearing on a variance any time after the CCPC hearing whereas curr~tly, the language in the variance
section requires that a variance be advertised for the BCC after the CCPC and heard a lrtinimHlll of
fifteen days after the CCPC hea.6ng. This amendment will make variance advertising procedures
consistent with those for other land usc petitions.
Additionally, by Board direction staffis proposing that after-the-fact variances be specifically ~mved
for the subject structure, thus in the case of destruction of the subject structure, futur~ development will
adhere to the development standards in effect at the time of development.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Chapter 6%1246, House Bill No. 3022, known as the
"special act" for Collier County is an act (approved by the legislature in 1967) authori=ing the County
to plan, zone, r~gulate subdivisions, establish and maintain boards and commissions for carrying ~
those purposes. The special act provides very specific language for various with regm-d to the duties and
powers of the CCPC and the Board of Zoning Appeals. The proposed amendment does not contravene
the conditions and procedures set forth in the "Special act".
Amend tho LDC as Follows:
See. 2.75.
2.7.5.7.
Variance procedures,
Condition.v and Safeguards. In r~eommending approval of any var/anco, the
planing commission make recommend appropriate conditions and safeguards in
WoFds S4~g~4t~.~a~g~ aFe deleted, woFds ~are added.
2.7.5.10.
2.7.5.13.
conformity with this zoning codc including, but not limited to, reasonable time
limits within which the action for which till. variance is rcqui~ shall be begun
or completed, or both. In the case of niter-the-fact varinne~.~ the pinning
commission may recommend, as a condition of ntmmvnl, th~ in the v~**e_, of th:-
destruction of the eneroaehin? structure, for any reason, to an extent equal to or
~eater than fifty_ percent (50%~ of the acma! replacement cost of the slructt~ nt
the time of its destruction, any reconstruction .shall conform to the nmylsltms nf
this code in effect at the time of r~:onstruetion_. Violation of such c~litions and
safeguards, when made a part of the terms under which the granting of this
variance is granted, shall be deemed a violation of this zoning code.
Notice of board of zoning appeals public hearing. Upon completion of the public
hearing by the planning commission, the petition shall be heard bv the board of
~; n Notice of public hearing shall be given at least 15 days in
advance of the public hearing fin [~efor~ the board of zoning appeals. The owner
of the property for which the variance is sought, or his agent or attorney
designated by him on his petition, shall be notified by mail. Notice of public
hearing shall be advertised in a newspaper of general circulation in the county at
least one time 15 days prior to the hearing.
Conditions and Safeguards. In granting any variance, the board of zoning
appeals may prescribe appropriate conditions and safeguards in conformity with
this zoning code including, but not limited to, reasonable time limits within
which the action for which ilar. variance is required shall be begun or completed,
or both. In the case of after-the-fact variances, the board may sfinulate that in l~-'-
case of destruction of the encro-_chin_~ structure, for any reason, to an ext~nt
eoual to or _re'eater than fifty_ percent (50%) of the actual refinement cost ofth,~
structure at the time of its destruction, any reconstruction shall eonfo~ to th,_.
provisions of this code in effect at the time of reconstruction Violation of such
conditions and safeguards, when made a part of the t~,ms under which the
granting of this variance is granted, shall be deemed a violation of this zoning
code.
Words #~t~,4b~utb- are deleted, words nnd,~are added. 97
May 29. 1997
ORIGIN: Soft
AUTHOR: Thomas E. Kuck, P.E.
Engineering Review Manager
DEI'AR'rMgNT: Planning Services Department
LDC PAGE: LDC 3:39 & 40
LI)C SECTION: Section 3.2.8.3.22
C'ItANGE: Change the LDC language in Section 3.2.8.3.22 in Subdivision Required Imptovemea~
relating to sight distance triangles at intersections to same language used in Section 2.4.4.16. of the
Landscaping Plant Material and installation Standards.
REASON: Provide consistent language in these two sex:tions of thc LDC.
FISCAL & OI)ERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.2.8.3.22.
~ M~fit distance trian~le~ at internee,'on and acee~ ~oint~.
mYemwav inter~_ a fi?bt.of-way or when a ~ ~but~ the ;,~-~'.--ai · r
two or mor~ right,-of-way, a minimum gale ~i_ght dix~ne~ trlm~,ulm,
estahlixhed. Any vegetation w~thlrl thi~ m mhall b~ I~lanted m~d
way that .m~avidea tmobstructed ~Mbili~ at a level between 30 inehm
Words ~ m'~ deleted, words uderUu~ ~ tdded. 98
~ 2P. 1997
feet above the crown of the adjacent roadway. Landscaning shall be located in
accordance with the roadside rec. ovet¥ avia provisions of the State of Florid~
Department of Tran~ortation's Manual of Uniform Minimum Standards for
Desitin. Construction. and Maintenance of Slzeets and Highways (DOT Green
Book) where appropriate. Posts for illuminating fixtures, traffic control and
street name si_tins shall also be permitted, so long as the sign or ~uiprnent ia not
~ithin the prescribed clear space.
Where an aeeessway enters a fight-of-way, two safe distance Mangles shall be
created diagonally across from each other on both side~ of the aecesswav. Two
sides of the trianelc shall extend ten feet each way from the ooint of intersection
from the edge of pavement and thc right-of-way line. The third side of the
triangle shall bca line connecting the ends of the other two sides.
Where a property_ abuts thc intersection of two rights-of way. a ~fe distance
triangle shall be created. Two sides of the triangle shall extend 30 feet along the
abutting right-of-way lines, measured from the ooint of intersection_ The third
side of the triangle shall be a line connecting Uae ends of the other two sides.
The developer shall comply with all of thc provisions of the applicable landscap~
requirements and division 2.4 at the time of subdivision or development approval
or when applicable.
Words .~qlMt-4/lN~ are deleted, words IIRdtrAhlg~are added. 99
1907
ORIGIN: Marco Island Zoning Overlay
AUTHOR: Bob Mulhcre, AICP
DEPARTMENT: Planning Services
LDC SECTION: Sections 3.3.5.1. & 3.3.5.4.2 & 3.3.5.7.
CHANGE: Addition of language to reference special submittal roquir~nents for SIP or SDP in
conjunction with parking reduction, or other development standard variations as provided for in Section
2.2.26., The Marco Island Zoning Overlay.
REASON: Cross referencing these requirements will make it easier for individuals utilizing the
LDC to be aware of all submittal requircrnents.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: Marco Island Zoning Overlay - Section 2.2..26.7.2.,
Additions, Site Improvements and Redevelopment
Sec. 3.3.q. Site development plan Fevfew (SDP) pFOCedUFeS.
3.3.5.1.
Minor site development plan review. Submittal of a site development plan under the
minor review process shall be in conformance with section 3.3.5.5,. final sito
development plan applications, together with the following preliminary site development
plan application req~ents: sections 3.3.5.4.1, , 3.3.5.4.2.1,. - 33.5.4.2.5, ,
3.3.5.4.2.6.b - f, 3.3.5.4.2.7.a- f, 3.3.5.,%2.8. b, f, h, 2.2.I.~..2.~°. k -m,_i~. 3.3.5.4.3, -
3.3.5.4.6. A site development plan may be reviewed under the minor SDP ~wiew
process if the plan submittal meets the following requir~nents:
3.3.5.4.2.
Site development plan. A site development plan prepared on a maximum size sheet
measuring 24 inches by 36 inches drawn to scale and setting forth the following
information:
Illustrative information accurately depicted on the site development plan shall be
u follows unless waived si the pl~-application meeting:
Word~ ~ are deleted, words ltnderiin~ a~ added.
100
Mey 29, 1997
Where applicable, the site development plan shall include _t, rap. hi~
depiction and site plan notations addressin_e the provisions of Reefion
2A2.26.7.2. of this code.
Any additional relevant information u may be required by the ~
develepn~ services director, or hL~
3.3.5.7.
Site improvement plan submittal and review. A site improvement plan (SIP)
shall be prepared on a 24-inch by 36-inch sheet drawn to scale and setting forth
thc following information:
12.
Where applicable, the site imnrovement plan shall include graphle
depiction and site plan notations addressing the provisions of Section
2.2.26.7.2. of this code.
Any additional relevant information as may be required by the ~
~ services director,_oi.lai,s_d.e, ai~:.
Words s~ns~t~~ are deleted, words nt~derllned are added, t01
Hey 2R 1997
ORIGIN: St~q'
AUTHOR: Thomu E. Kuck, P.E., Engineering Plan Review Manager
DEPARTMENT: Planning Services Dcpa~Unent
LDC PAGE: LDC 3:91
LDC SECTION: Section 3.$.4.7
CHANGE: Change exemption for excavation pe,~dt for excavations not exceeding five ~ ~o R~ply
to single family lots/tracts greater than 2 acres.
REASON: Current exemption only applics to single family lok~/tracts less than 5 acres. It make~ more
sense from a technical standpoint to permit exemption for parcels 2 acres and larger verses $ acres or
le~ provided all construction standards for excavation s~e met.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.5.4.7.
Farm animal watering ponds or excavations located on single family lots/tracts where
the net property size is fi-:: ~..--: :r !=: two acres or mor~ are exempt from the
permitting procedurcs contained in this division, but must comply with all tho
construction standards of this division. Such exemptions apply only if:
Words 8mt~H,oulb- are deleted, words lUtdgtfl]l~Lare added. 102
~ey 29. 1~97
ORIGIN: Staff
AUTHOR: Thomu E. Kuck, P.E., Engineering Plan Review Managc,~
I}~;I~ARTMKNT: Planning Services Depa~h-~ient
I,I)C PAGE: LDC 3:97
LDC SECTION: Section 3.5.7.2.4
Ci~kNGE: Provide guidelines for where bulkheads are. substituted for lake slope requirements.
RKASON: Provide guidelines for bulkhead construction in lieu of slope requirements to be consistent
with South Florida Water management District requirements.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.5.7.2.4.
Exceptions to the side slope recluire~ents that may be justified by stw, h
alternatives as artificial slope protection or vertical bulkheads shah be approved
in advance by the site development review ~r, wher~ justification shall be
documented in a design analysis prepm'ed by a professional engineer rcgister~ in
the State of Florida. Bt~ll~henfls may be nllowed for no more thnn 40 tmrcent of
the shoreline len_t, th. but com.~afin_~ littoral .zone must be .t~ovided.
Words o~ek4k~k- aFe deleted, words ILndgtflnl~are. ridded. 103
Li~ SECTION: Section 3.6.5.5.3.6 and 3.6.5.7.1
CHANGE: Minimm'n elevation for domestic pot~le and irrigation wells. Requir~nent to provi~
sketch showing location o£wells, septic tn,Ocs and drai~elds when ~pplying for well permit.
REASON: To address concerns for the health s~ety and weifar~ of the County's citizens who use
wells for potnble and irrigation water.
FISCAL & OPERATIONAL IMPACTS: None to Collier County
RELATED CODES OR REGULATIONS: None
3.6.5.5.3.6.
3.6.5.5.3.6.
At a minimum_ all domestic ~otable nnd irrir, nfion well~ ,hnll be lett sma
maintained at finished _mound floor elevation. AH other wells .-.hall b~ lel~ nn,4
maintained at least 12 inches above finished _made. unless otherwise nermltted
3.6.5.7.1.
Provide a sketch or drnfted map. identi _C3tin_~ the location nnd distnnee to all wClbL
sentic tnnl~, nnd drainfields f~om the pro.~o, sed well_ nt the time of
_n~_licafion. This .n~n_ lies to well~, se~fic tardc.~_ nnd drnlnfield~ both on
subject p _mperty and on all confi%,uous and closely ad_iae~nt p _ro~tiem
reeuirement sn~lies to those we11~ sentic t~-d~_ snd clrsinfields thst ~z~ eith~
installed, under ~or~truction. or .~-rmitted ~! the time of thi~ _~. li~stlon.
Words 8e~ sue deleted, words ~are mdded, t0,4
29. 1997
s~l~_n~hle aetb~,~l~ l~.U~nenta.
Words te~4~tbJ~b, are deleted, woFds nndr, z:ilitc~are added. 105